In Addition

In Addition

Texas State Affordable Housing Corporation

Notice of Funding Availability

The Texas State Affordable Housing Corporation hereby gives Notice of Funding Availability (NOFA) for a Hurricane Relief cycle of the Texas Foundations Fund. Funding availability for the Texas Foundations Fund - Hurricane Relief is $250,000, up to $50,000 per grant. The Texas State Affordable Housing Corporation has now posted the Notice of Funding Availability on its website: www.tsahc.org. Eligible grant applicants are nonprofit organizations and rural government entities located in cities with a population less than 50,000 or counties with a population less than 100,000, not located in a federal Metropolitan Statistical Area, as of the last census. Specifically, the following Texas counties are eligible: Cameron, Hidalgo, and Willacy (Hurricane Dolly) and Angelina, Austin, Brazoria, Chambers, Cherokee, Fort Bend, Galveston, Grimes, Hardin, Harris, Houston, Jasper, Jefferson, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, and Washington (Hurricane Ike). Grant awards will be made for the purpose of Rehabilitation and/or Critical Repair of owner-occupied single family homes (excluding mobile homes) located in any one or more counties affected by Hurricanes Ike and Dolly, as identified in Federal Emergency Management Agencies disaster declarations FEMA - 1791 - DR, Texas and FEMA - 1780 - DR, Texas, which are owned by individuals or families at 50 percent or below of the area median family income (the "Eligible Hurricane Relief Projects").

For this Hurricane Relief Cycle only, the review and selection of proposals has been expedited. Proposals may be submitted to the Corporation as soon as they are complete. The Corporation staff will review each proposal to ensure that all Threshold requirements have been met and, if so determined, the staff will forward the Proposal to the Advisory Council of the Texas Foundations Fund. The Advisory Council will review the proposals and make recommendations. Because of the urgent need and serious health and safety issues that resulted from Hurricanes Ike and Dolly, the Board of Directors has given the President of the Corporation the authority to make award selections.

Questions should be submitted in writing to Katherine Closmann by email at kclosmann@tsahc.org. To view the Texas Foundations Fund Guidelines, the full NOFA, and the Proposal Checklist, please go to www.tsahc.org.

TRD-200900521

David Long

President

Texas State Affordable Housing Corporation

Filed: February 9, 2009

Comptroller of Public Accounts

Certification of the Average Taxable Price of Gas and Oil

The Comptroller of Public Accounts, administering agency for the collection of the Crude Oil Production Tax, has determined that the average taxable price of crude oil for reporting period December 2008, as required by Tax Code, §202.058, is $64.39 per barrel for the three-month period beginning on September 1, 2008, and ending November 30, 2008. Therefore, pursuant to Tax Code, §202.058, crude oil produced during the month of December 2008, from a qualified Low-Producing Oil Lease, is not eligible for exemption from the crude oil production tax imposed by Tax Code, Chapter 202.

The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined that the average taxable price of gas for reporting period December 2008, as required by Tax Code, §201.059, is $5.55 per mcf for the three-month period beginning on September 1, 2008, and ending November 30, 2008. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of December 2008, from a qualified Low-Producing Well, is not eligible for exemption from the natural gas production tax imposed by Tax Code, Chapter 201.

Inquiries should be directed to Bryant K. Lomax, Manager, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.

TRD-200900446

Martin Cherry

General Counsel

Comptroller of Public Accounts

Filed: February 6, 2009

Certification of the Average Taxable Price of Gas and Oil

The Comptroller of Public Accounts, administering agency for the collection of the Crude Oil Production Tax, has determined that the average taxable price of crude oil for reporting period January 2009, as required by Tax Code, §202.058, is $48.32 per barrel for the three-month period beginning on October 1, 2008, and ending December 31, 2008. Therefore, pursuant to Tax Code, §202.058, crude oil produced during the month of January 2009, from a qualified Low-Producing Oil Lease, is not eligible for exemption from the crude oil production tax imposed by Tax Code, Chapter 202.

The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined that the average taxable price of gas for reporting period January 2009, as required by Tax Code, §201.059, is $5.16 per mcf for the three-month period beginning on October 1, 2008, and ending December 31, 2008. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of January 2009, from a qualified Low-Producing Well, is not eligible for exemption from the natural gas production tax imposed by Tax Code, Chapter 201.

Inquiries should be directed to Bryant K. Lomax, Manager, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.

TRD-200900447

Martin Cherry

General Counsel

Comptroller of Public Accounts

Filed: February 6, 2009

Notice of Award

Pursuant to §2107.003(c-1), Texas Government Code and Chapter 2156, Subchapter C, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the award of the following collection services contract:

A contract is awarded to Linebarger Goggan Blair & Sampson, LLP, The Terrace II, 2700 Via Fortuna Drive, Suite 400, Austin, Texas 78746. The total contract amount is based on a contingent fee of 30% of all amounts collected by the contractor. The initial term of the contract is February 4, 2009 through August 31, 2010.

The Comptroller's Request for Proposals 190b (RFP) related to this contract award was published in the August 29, 2008, issue of the Texas Register (33 TexReg 7338).

TRD-200900444

Pamela G. Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: February 5, 2009

Notice of Contract Amendment

Pursuant to Chapter 2254, Subchapter B, Chapter 403, and Chapter 2305, Texas Government Code, the State Energy Conservation Office (SECO) of the Comptroller of Public Accounts (Comptroller) announces this notice of amendment of a consulting contract awarded in connection with the Request for Proposals (RFP #180a) for technical assistance and consulting services to assist the Comptroller with the preparation of a written, comprehensive update to the Texas Renewable Energy Resource Assessment - Survey, Overview & Recommendations, and related services.

The contractor is Frontier Associates, LLC, 1515 S. Capital of Texas Highway, Suite 110, Austin, Texas 78746-6544. The total amount of the contract is not to exceed $249,993.00. The term of the contract is September 27, 2007 to May 31, 2009. The amendment modifies Attachment A, Statement of Services to be Performed, and Attachment B, Budget.

The notice of request for proposals (RFP #180a) was published in the August 3, 2007, issue of the Texas Register (32 TexReg 4793). The Notice of Award was published in the October 19, 2007, issue of the Texas Register (32 TexReg 7536).

TRD-200900458

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: February 6, 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 02/16/09 - 02/22/09 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 02/16/09 - 02/22/09 is 18% for Commercial over $250,000.

¹Credit for personal, family or household use.

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

TRD-200900510

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: February 9, 2009

Texas Education Agency

Notice of Correction Concerning the 2009-2010 Adult Education and Family Literacy Program and Temporary Assistance for Needy Families Program

The Texas Education Agency (TEA) published Notice of Texas Education Agency Secure Environment (TEA SE) Access and Notice of the Grant Writer Designation Form for the 2009-2010 Adult Education and Family Literacy Program and Temporary Assistance for Needy Families Program in the January 23, 2009, issue of the Texas Register (34 TexReg 450); and Request for Applications Concerning the 2009-2010 Adult Education and Family Literacy Program and Temporary Assistance for Needy Families Program in the February 13, 2009, issue of the Texas Register (34 TexReg 1130). The TEA is no longer requesting competitive grant applications under Request for Applications (RFA) #701-09-109. In addition, the Texas Education Telecommunication Network (TETN) session (TETN Event #34865 on Wednesday, February 25, 2009) for competitive grant applicants is cancelled.

Further Information. For clarifying information about the RFA, contact Iris Adams, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269.

TRD-200900548

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: February 11, 2009

Public Notice Announcing the Availability of the Proposed Texas Individuals with Disabilities Education Act (IDEA) Eligibility Document: State Policies and Procedures

Purpose and Scope of the Part B Federal Fiscal Year (FFY) 2009 State Application and its Relation to Part B of the Individuals with Disabilities Education Improvement Act (IDEA). As a result of the 2004 amendments to the IDEA, all states must ensure that the state has on file with the Secretary of the U.S. Department of Education assurances that the state meets or will meet all of the eligibility requirements of Part B of the IDEA as amended in 2004 by Public Law 108-446. A state may do this by one of the following methods: (1) providing assurances in the Part B FFY 2009 State Application that it has in effect policies and procedures to meet the requirements of Part B of the IDEA as amended in 2004 by Public Law 108-446; (2) providing assurances in the State Application that the state will operate consistent with all the requirements of Public Law 108-446 and applicable regulations and make such changes to existing policies and procedures as necessary to bring those policies and procedures into compliance with the requirements of IDEA, as amended, as soon as possible and not later than October 31, 2009; or (3) submitting modifications to state policies and procedures previously submitted to the U.S. Department of Education.

The State of Texas (Texas Education Agency) has chosen to submit a 2009 State Application providing assurances the state will operate consistent with all the requirements of Public Law 108-446 and applicable regulations.

Availability of the State Application. The Proposed State Application is available on the Texas Education Agency (TEA) Special Education web page at http://www.tea.state.tx.us/special.ed/eligdoc/index.html. The Proposed State Application document may be reviewed and/or downloaded from this web page address. In addition, instructions for submitting public comments are also available from the same site. The Proposed State Application document will also be available at the 20 regional education service centers and at the TEA Library (Ground Floor, Room G-102), William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Parties interested in reviewing the Proposed State Application should contact the TEA Division of IDEA Coordination at (512) 463-9414.

Procedures for Submitting Written Comments About the Proposed State Application. The TEA will accept written comments pertaining to the Proposed State Application by mail to the Texas Education Agency, Division of IDEA Coordination, 1701 North Congress Avenue, Austin, Texas 78701-1494 or by email to sped@tea.state.tx.us.

Timetable for Submitting the Annual State Application Under Part B of the Individuals with Disabilities Education Act as Amended in 2004 for FFY 2009 to the Secretary of Education for Approval. After review and consideration of all public comments, the TEA will make necessary/appropriate modifications and will submit the State Application on or before May 11, 2009.

Further Information. For more information, contact the TEA Division of IDEA Coordination by mail at 1701 North Congress Avenue, Room 6-127, Austin, Texas 78701; by telephone at (512) 463-9414; by fax at (512) 463-9560; or by email at sped@tea.state.tx.us.

TRD-200900547

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: February 11, 2009

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 23, 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 23, 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: Advance Hydrocarbon Corporation; DOCKET NUMBER: 2008-1627-MSW-E; IDENTIFIER: RN105384556; LOCATION: Bryan, Brazos County; TYPE OF FACILITY: trucking company; RULE VIOLATED: 30 Texas Administrative Code (TAC) §327.5(c), by failing to submit a written report describing the details of a spill and supporting the adequacy of the response action; PENALTY: $1,050; ENFORCEMENT COORDINATOR: John Shelton, (512) 239-2563; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(2) COMPANY: ARISTOS, INC. dba Smart Stop; DOCKET NUMBER: 2008-1655-PST-E; IDENTIFIER: RN102256088; LOCATION: Orange, Orange County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.242(3)(A) and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain the Stage II vapor recovery system (VRS) in proper operating condition and free of defects; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(3) COMPANY: Albert Abusalah dba Braeswood Texaco; DOCKET NUMBER: 2008-1077-PST-E; IDENTIFIER: RN101725513; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor an underground storage tank (UST) for releases; 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 measurements for regulated inputs, withdrawals, and the amount remaining in the tank each operating day; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures; and 30 TAC §115.242(3) and THSC, §382.085(b), by failing to maintain the Stage II VRS in proper operating condition; PENALTY: $12,500; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(4) COMPANY: Cardinal Meadows Improvement District; DOCKET NUMBER: 2008-1485-MLM-E; IDENTIFIER: RN101441418; LOCATION: Beaumont, Jefferson County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.110(c)(4)(A), by failing to monitor the disinfectant residual at representative locations throughout the distribution system; 30 TAC §290.46(1), by failing to flush dead-end mains at monthly intervals; 30 TAC §228.20(a) and §228.30(5), by failing to submit a drought contingency plan; and 30 TAC §291.93(3) and the Code, §13.139(d), by failing to provide a written planning report for a utility possessing a Certificate of Convenience and Necessity that clearly explains how a retail public utility that has exceeded 85% of its capacity will provide the expected service demands; PENALTY: $1,804; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(5) COMPANY: C.H. INVESTMENTS, INC.; DOCKET NUMBER: 2008-1494-EAQ-E; IDENTIFIER: RN105601868; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: non-residential construction site; RULE VIOLATED: 30 TAC §213.23(a)(1), by failing to obtain approval of a contributing zone plan; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(6) COMPANY: Chevron Phillips Chemical Company LP; DOCKET NUMBER: 2008-1584-AIR-E; IDENTIFIER: RN100209857; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: ethylene production plant; RULE VIOLATED: 30 TAC §§106.6(b) and (c), 116.115(c), and 116.116(a)(1), New Source Review (NSR) Permit Number 18568, Special Condition (SC) Number 9, and THSC, §382.085(b), by failing to operate as represented; and 30 TAC §116.115(b)(2)(F) and (c), NSR Permit Number 21101, SC Number 8, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $27,350; Supplemental Environmental Project (SEP) offset amount of $13,675 applied to South East Texas Regional Planning Commission-West Port Arthur Home Energy Efficiency Program; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(7) COMPANY: Scott Halbert dba Citgo Convenience Store; DOCKET NUMBER: 2008-1649-PST-E; IDENTIFIER: RN104366760; LOCATION: Bastrop, Bastrop 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)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors; and 30 TAC §115.222(3) and THSC, §382.085(b), by failing to comply with the control requirements for emission limitation anywhere in the liquid transfer or vapor balance system; PENALTY: $3,379; ENFORCEMENT COORDINATOR: Brianna Carlson, (956) 425-6010; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.

(8) COMPANY: Cresent NJK Corporation dba Grapevine Cleaners; DOCKET NUMBER: 2008-1432-DCL-E; IDENTIFIER: RN104091574; LOCATION: Grapevine, Tarrant County; TYPE OF FACILITY: dry cleaning; RULE VIOLATED: 30 TAC §337.11(e), by failing to renew the facility's registration by completing and submitting the required registration form; and 30 TAC §337.14(c) and the Code, §5.702, by failing to pay outstanding dry cleaner fees; PENALTY: $1,270; ENFORCEMENT COORDINATOR: Danielle Porras, (512) 239-2602; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(9) COMPANY: Alberto Perez dba Dos Amigos Guns; DOCKET NUMBER: 2008-0541-PST-E; IDENTIFIER: RN101773240; LOCATION: Alice, Jim Wells County; TYPE OF FACILITY: gun shop with retail sales of gasoline products; RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed update, three USTs; and 30 TAC §334.7(d)(3), by failing to upgrade the UST registration form; PENALTY: $23,730; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(10) COMPANY: Ed Bell Construction Company; DOCKET NUMBER: 2008-1691-WQ-E; IDENTIFIER: RN105631600; LOCATION: Denton County; TYPE OF FACILITY: road construction site; RULE VIOLATED: the Code, §26.121(a), by failing to prevent the unauthorized discharge of a pollutant into or adjacent to water in the state; PENALTY: $5,000; SEP offset amount of $2,500 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Water or Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Jeremy Escobar, (512) 239-1460; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: Forest Glen, Inc.; DOCKET NUMBER: 2008-1754-MWD-E; IDENTIFIER: RN103015376; LOCATION: Walker County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number 11844001, 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 30 TAC §305.125(17) and §319.7(d) and TPDES Permit Number 11844001, Monitoring and Reporting Requirements Number 1, by failing to timely submit discharge monitoring reports (DMRs); PENALTY: $4,485; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(12) COMPANY: Gilbert & Geraldine Malooly Children's Trust dba Shell Super 10; DOCKET NUMBER: 2008-1611-AIR-E; IDENTIFIER: RN100814524; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: gasoline dispensing site; RULE VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by failing to comply with the maximum Reid vapor pressure requirement of seven pounds per square inch absolute; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(13) COMPANY: Huntsman Polymers Corporation N/K/A Huntsman Advanced Materials LLC; DOCKET NUMBER: 2008-1424-AIR-E; IDENTIFIER: RN101867554; LOCATION: Odessa, Ector County; TYPE OF FACILITY: polyethylene and polypropylene production plant; RULE VIOLATED: 30 TAC §122.146(2), Federal Operating Permit (FOP) Number O-01230, General Terms and Conditions (GTC), and THSC, §382.085(b), by failing to submit the Title V permit compliance certification; 30 TAC §116.115(c), NSR Permit Number 16963, SC Number 9, and THSC, §382.085(b), by failing to monitor 4,331 flanges/connectors, 4,458 valves, 22 pressure relief valves, and 5 pump seals in volatile organic compound (VOC) service; and 30 TAC §101.20, 40 Code of Federal Regulations §60.562-2, and THSC, §382.085(b), by failing to monitor 230 valves, 621 flanges/connectors, and 4 pressure relief valves in VOC service; PENALTY: $39,774; SEP offset amount of $15,910 applied to Keep Odessa Beautiful, Inc.; ENFORCEMENT COORDINATOR: Trina Greico, (210) 490-3096; REGIONAL OFFICE: 3300 North A Street, Building 4-107, Midland, Texas 79705-5406, (432) 570-1359.

(14) COMPANY: Insulfoam LLC; DOCKET NUMBER: 2008-1770-AIR-E; IDENTIFIER: RN104694948; LOCATION: Marlin, Falls County; TYPE OF FACILITY: polystyrene block molding foam fabrication; RULE VIOLATED: 30 TAC §122.143(4) and §122.146(2), FOP Number O-02901, GTC, and THSC, §382.085(b), by failing to submit an annual compliance certification; PENALTY: $1,925; ENFORCEMENT COORDINATOR: Trina Greico, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(15) COMPANY: KNJ ENTERPRISES, INC. dba Speedy Express 3; DOCKET NUMBER: 2008-1640-PST-E; IDENTIFIER: RN101840072; LOCATION: Highlands, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; 30 TAC §115.246(7)(A) and THSC, §382.085(b), by failing to maintain Stage II records at the station and make them available for inspection; 30 TAC §334.48(b), by failing to ensure that the UST system is operated, maintained, and managed in accordance with accepted industry practices; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for the UST system; 30 TAC §334.10(b), by failing to maintain the required 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; 30 TAC §334.49(c)(4) and the Code, §26.3475(d), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide proper release detection for the pressurized 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; and 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; PENALTY: $20,195; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(16) COMPANY: Tom Van Nguyen dba Lisa Food Mart; DOCKET NUMBER: 2008-1865-PST-E; IDENTIFIER: RN104967203; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $4,446; ENFORCEMENT COORDINATOR: Michael Pace, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(17) COMPANY: Mike Hweidi dba Hick's Country Store; DOCKET NUMBER: 2008-1607-PST-E; IDENTIFIER: RN101433712; LOCATION: Southlake, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.10(b), by failing to maintain the required UST records and make them immediately available for the inspection; 30 TAC §334.7(d)(3), by failing to provide an amended UST registration to the agency for any change or additional information regarding USTs; 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 inputs, withdrawals, and the amount still remaining in the tank; 30 TAC §334.50(d)(9)(A)(iii) and the Code, §26.3475(c)(1), by failing to obtain a statistical inventory reconciliation analysis report from the designated provider; 30 TAC §334.48(c), by failing to conduct effective annual or automatic inventory control procedures for all USTs; 30 TAC §334.45(c)(3)(A), by failing to install an emergency shutoff valve on each pressurized delivery or product line and ensure that it is securely anchored at the base of the dispenser; 30 TAC §115.244(3) and THSC, §382.085(b), by failing to conduct monthly inspections of the Stage II 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 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(6) and THSC, §382.085(b), by failing to submit the Stage II test results to the agency; and 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $16,858; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(18) COMPANY: North Texas District Council Assemblies of God; DOCKET NUMBER: 2008-1704-MWD-E; IDENTIFIER: RN101513554; LOCATION: Ellis County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0013847001, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for biochemical oxygen demand (BOD), total suspended solids, and total chlorine; PENALTY: $7,050; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(19) COMPANY: Gary Lane Nutt dba Nutt Feedyard; DOCKET NUMBER: 2008-1626-AGR-E; IDENTIFIER: RN101609485; LOCATION: Castro County; TYPE OF FACILITY: concentrated animal feeding operation (CAFO); RULE VIOLATED: 30 TAC §321.46(e)(1) and TPDES CAFO General Permit Number TXG920358, Part IV.B.1., by failing to submit an annual report with all information required to the TCEQ; and 30 TAC §321.36(d)(1) and TPDES CAFO General Permit Number TXG920358, Part III.A.11(a), by failing to develop and implement a nutrient management plan; PENALTY: $2,140; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(20) COMPANY: Red River Redevelopment Authority; DOCKET NUMBER: 2008-1589-IWD-E; IDENTIFIER: RN101274231; LOCATION: New Boston, Bowie County; TYPE OF FACILITY: wastewater collection and treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0004664000, Effluent Limitations and Monitoring Requirement Number 3, Permit Condition Number 2.d., and the Code, §26.121(a), by failing to prevent an unauthorized discharge; and 30 TAC §305.125(5) and TPDES Permit Number WQ0004664000, Operational Requirements Number 1, by failing to ensure that the facility and all of its systems of collection, treatment, and disposal are properly operated and maintained at all times; PENALTY: $12,850; SEP offset amount of $10,280 applied to RC&D - Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(21) COMPANY: RG Holdings, Inc. dba Allen Shell; DOCKET NUMBER: 2008-1664-PST-E; IDENTIFIER: RN101533800; LOCATION: Allen, Collin County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(1), (6), and (7)(A) and THSC, §382.085(b), by failing to maintain Stage II records at the station and make them immediately available for review upon request; 30 TAC §334.49(b)(3)(B) and the Code, §26.3475(d), by failing to maintain the interstitial space between the protected component and the secondary containment device free of any soil, backfill material, groundwater, or other substances, and test the protected component for electrical isolation; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs; PENALTY: $5,875; ENFORCEMENT COORDINATOR: Michael Pace, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(22) COMPANY: City of Rochester; DOCKET NUMBER: 2008-1295-MWD-E; IDENTIFIER: RN101920114; LOCATION: Haskell County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1) and (5) and TPDES Permit Number WQ0011636001, Special Provisions Number 3, by failing to properly operate and maintain the wastewater treatment ponds; 30 TAC §305.125(1) and (5) and TPDES Permit Number WQ0011636001, Effluent Limitations and Monitoring Requirements B, by failing to accurately monitor flow; 30 TAC §305.125(1) and (5) and TPDES Permit Number WQ0011636001, Special Provisions Number 3, by failing to adequately maintain the facility to achieve optimum efficiency of treatment capability; 30 TAC §305.125(1), TPDES Permit Number WQ0011636001, Effluent Limitations and Monitoring Requirements A, and the Code, §26.121(a), by failing to maintain compliance with the permit effluent limits for BOD; and 30 TAC §305.125(1) and TPDES Permit Number WQ0011636001, Standard Provisions Number 2.c, by failing to submit noncompliance notification reports for effluent violations that deviated from the permitted effluent limits by more than 40%; PENALTY: $7,490; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(23) COMPANY: South Texas Aggregates, Inc.; DOCKET NUMBER: 2008-1352-EAQ-E; IDENTIFIER: RN103991352; LOCATION: Uvalde County; TYPE OF FACILITY: rock quarry; RULE VIOLATED: 30 TAC §213.4(a)(1) and §213.5(a)(1), by failing to obtain approval of a water pollution abatement plan; and 30 TAC §213.4(a)(1) and §213.5(a)(4), by failing to obtain approval of an aboveground storage tank facility plan; PENALTY: $36,400; ENFORCEMENT COORDINATOR: Lauren Smitherman, (512) 239-5223; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(24) COMPANY: Trinity Pines Conference Center, Inc.; DOCKET NUMBER: 2008-1788-MWD-E; IDENTIFIER: RN103014494; LOCATION: Trinity County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.65 and §305.125(2) and the Code, §26.121(a)(1), by failing to maintain authorization for the discharge of wastewater; 30 TAC §305.125(17) and TPDES Permit Number 12371001, Sludge Provisions, by failing to timely submit copies of an annual sludge report; 30 TAC §305.125(5) and TPDES Permit Number WQ0014842001, Operational Requirements Number 1, by failing to properly operate and maintain all systems of collection, treatment, and disposal; 30 TAC §305.125(1), TPDES Permit Number WQ0014842001, Effluent Limitations and Monitoring Requirements Number 6, and the Code, §26.121(a), by failing to comply with the minimum dissolved oxygen concentration permitted effluent limit of four milligrams per liter; 30 TAC §319.6 and TPDES Permit Number WQ0014842001, Monitoring and Reporting Requirements Number 1, by failing to assure the quality of all residual chlorine measurements through the use of standards or duplicate analysis; 30 TAC §319.6 and TPDES Permit Number WQ0014842001, Monitoring and Reporting Requirements Number 1, by failing to analyze effluent samples in accordance with approved methods; 30 TAC §319.7(d) and TPDES Permit Number 12371001, Monitoring and Reporting Requirements Number 1, by failing to timely submit the DMR; and 30 TAC §319.1 and TPDES Permit Number 12371001, Effluent Limitations and Monitoring Requirements Number 1, by failing to report the daily average flow value on the DMR; PENALTY: $26,425; ENFORCEMENT COORDINATOR: Lauren Smitherman, (512) 239-5223; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(25) COMPANY: United Fuel & Energy Corporation; DOCKET NUMBER: 2008-1623-PST-E; IDENTIFIER: RN102230026; LOCATION: Hockley County; TYPE OF FACILITY: un-manned card operated retail fuel sales; RULE VIOLATED: 30 TAC §334.50(a)(1)(A) and the Code, §26.3475(c)(1), by failing to provide a method of release detection capable of detecting a release; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point in the immediate area of the fill tube; 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: $4,300; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 293-6580; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

TRD-200900522

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 10, 2009

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Corrective Action Order (AO) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AO, the commission shall allow the public an opportunity to submit written comments on the proposed AO. Section 7.075 requires that notice of the proposed order 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 23, 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 the 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 the AO should be sent to the enforcement coordinator designated for the 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 23, 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 AO and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AO shall be submitted to the commission in writing.

(1) COMPANY: Texas Petrochemicals LLC; DOCKET NUMBER: 2009-0022-AIR-E; IDENTIFIER: RN100219526; LOCATION: Houston, Harris County; TYPE OF FACILITY: chemical manufacturing; VIOLATIONS FOR WHICH STIPULATED PENALTIES WILL BE ASSESSED: each emissions event during which the quantity of unauthorized emissions, as defined in 30 Texas Administrative Code (TAC) §101.1, of volatile organic compounds from any source at the plant exceeds the applicable reportable quantity, as defined in 30 TAC §101.1, including an emission event that causes highly reactive volatile organic compounds emissions from any flare, vent, pressure relief valve, cooling tower, or combination of those sources at the plant to exceed the emission limitation established in 30 TAC §115.722(c)(1); each excess opacity event, as defined in 30 TAC §101.1, from any source at the plant that is caused by uncombusted hydrocarbons; and each violation of the reporting requirements of 30 TAC §101.201 that is identified by the executive director for an emissions event at the plant; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-200900523

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 10, 2009

Enforcement Orders

An agreed order was entered regarding Ricardo Aguero dba Aguero's Trucking, Docket No. 2005-1908-MSW-E on January 29, 2009 assessing $3,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Xavier Guerra, Staff Attorney at (210) 430-4016, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Kamal Kassira dba East Food Mart, Docket No. 2006-0048-PST-E on January 29, 2009 assessing $5,625 in administrative penalties.

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

A default and shutdown order was entered regarding David McBirnie dba Little Papas, Docket No. 2006-0322-PST-E on January 29, 2009 assessing $6,405 in administrative penalties.

A default order was entered regarding D.W. Subdivision Water Supply Corporation, Docket No. 2006-1060-PWS-E on January 29, 2009 assessing $12,765 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Dinniah Chahin, 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 Classic Convenience Inc. dba Step In Food, Docket No. 2006-1473-PST-E on January 29, 2009 assessing $4,725 in administrative penalties.

An agreed order was entered regarding Jack R. Wade dba J & S Grocery, Docket No. 2006-1860-PST-E on January 29, 2009 assessing $3,745 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tracy Chandler, 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 John R. Limas, Docket No. 2006-1905-LII-E on January 29, 2009 assessing $1,250 in administrative penalties.

A default order was entered regarding Millennium Gasoline Corporation dba Teasley Shell, Docket No. 2006-2220-PST-E on January 29, 2009 assessing $8,400 in administrative penalties.

An agreed order was entered regarding Exxon Mobil Corporation, Docket No. 2007-0214-AIR-E on January 29, 2009 assessing $40,000 in administrative penalties.

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

An agreed order was entered regarding Chevron Phillips Chemical Company LP, Docket No. 2007-0286-AIR-E on January 29, 2009 assessing $168,416 in administrative penalties.

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

An agreed order was entered regarding Opti-Blast, Inc., Docket No. 2007-0507-IHW-E on January 29, 2009 assessing $63,500 in administrative penalties with $12,700 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 San Antonio Disposal Interests, L.P. dba Target Brush and Grinding, LLC, Docket No. 2007-0679-MSW-E on January 29, 2009 assessing $3060 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lena Roberts, Staff Attorney at (512) 239-0019, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Shell Chemical LP and Shell Oil Company, Docket No. 2007-0837-AIR-E on January 29, 2009 assessing $166,530 in administrative penalties.

An agreed order was entered regarding Chevron Phillips Chemical Company LP, Docket No. 2007-1080-AIR-E on January 29, 2009 assessing $16,950 in administrative penalties.

An agreed order was entered regarding Itasca Landfill TX, LP, Docket No. 2007-1695-IHW-E on January 29, 2009 assessing $8,625 in administrative penalties with $1,725 deferred.

Information concerning any aspect of this order may be obtained by contacting John Shelton, 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 The Dow Chemical Company, Docket No. 2007-1981-AIR-E on January 29, 2009 assessing $30,000 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 Alcoa World Alumina LLC, Docket No. 2008-0409-AIR-E on January 29, 2009 assessing $96,360 in administrative penalties with $19,272 deferred.

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

An agreed order was entered regarding ConocoPhillips Company, Docket No. 2008-0431-AIR-E on January 29, 2009 assessing $40,150 in administrative penalties with $8,030 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 City of Orange, Docket No. 2008-0533-MWD-E on January 29, 2009 assessing $58,555 in administrative penalties with $11,711 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 Piertsje Deboer Vanderlei and Kornelis Wilt Vanderlei dba 5 Star Dairy, Docket No. 2008-0683-MLM-E on January 29, 2009 assessing $3,080 in administrative penalties with $616 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 San Pedro Canyon Water Company, Docket No. 2008-0729-MLM-E on January 29, 2009 assessing $1,877 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Andrea Linson-Mgbeoduru, 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 Long Beach Shavings Co., Inc. dba TexPak, Docket No. 2008-0782-AIR-E on January 29, 2009 assessing $4,750 in administrative penalties with $950 deferred.

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

An agreed order was entered regarding TIN Inc., Docket No. 2008-0788-IWD-E on January 29, 2009 assessing $28,860 in administrative penalties with $5,772 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 Building Materials Corporation of America, Docket No. 2008-0805-AIR-E on January 29, 2009 assessing $50,925 in administrative penalties with $10,185 deferred.

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

An agreed order was entered regarding ExxonMobil Oil Corporation, Docket No. 2008-0821-AIR-E on January 29, 2009 assessing $17,250 in administrative penalties with $3,450 deferred.

An agreed order was entered regarding Lonzo Gale dba Lass Utility Service Company, Docket No. 2008-0853-MLM-E on January 29, 2009 assessing $8,356 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator at (210) 403-4033, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Harris County Municipal Utility District No. 82, Docket No. 2008-0869-MWD-E on January 29, 2009 assessing $3,525 in administrative penalties with $705 deferred.

Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator at (254) 761-3034, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Kuraray America, Inc., Docket No. 2008-0883-AIR-E on January 29, 2009 assessing $20,200 in administrative penalties with $4,040 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 U-2 STORES, INC. dba New Era Food Mart, Docket No. 2008-0965-PST-E on January 29, 2009 assessing $5,200 in administrative penalties with $1,040 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 Cottonwood Creek MHP, L.P., Docket No. 2008-0967-PWS-E on January 29, 2009 assessing $993 in administrative penalties with $198 deferred.

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

An agreed order was entered regarding Central Texas Water Supply Corporation, Docket No. 2008-0978-WQ-E on January 29, 2009 assessing $4,250 in administrative penalties.

An agreed order was entered regarding Campbell Soup Supply Company L.L.C., Docket No. 2008-0981-IWD-E on January 29, 2009 assessing $3,480 in administrative penalties with $696 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 Harris County, Docket No. 2008-0983-MWD-E on January 29, 2009 assessing $3,340 in administrative penalties with $668 deferred.

An agreed order was entered regarding City of Lawn, Docket No. 2008-0988-PWS-E on January 29, 2009 assessing $1,645 in administrative penalties with $329 deferred.

Information concerning any aspect of this order may be obtained by contacting Christopher Keffer, 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 Matrix Metals LLC, Docket No. 2008-0995-AIR-E on January 29, 2009 assessing $9,675 in administrative penalties with $1,935 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 Holly Energy Partners - Operating, L.P., Docket No. 2008-1011-AIR-E on January 29, 2009 assessing $2,700 in administrative penalties with $540 deferred.

Information concerning any aspect of this order may be obtained by contacting Jeremy Escobar, Enforcement Coordinator at (512) 239-1460, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Jon Klemme dba Klemme Dairy, Docket No. 2008-1020-AGR-E on January 29, 2009 assessing $4,430 in administrative penalties with $886 deferred.

An agreed order was entered regarding Oxy Vinyls, LP, Docket No. 2008-1053-AIR-E on January 29, 2009 assessing $4,450 in administrative penalties with $890 deferred.

Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, Enforcement Coordinator at (713) 422-8931, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding INEOS USA LLC, Docket No. 2008-1074-AIR-E on January 29, 2009 assessing $2,625 in administrative penalties with $525 deferred.

Information concerning any aspect of this order may be obtained by contacting Roshondra Lowe, Enforcement Coordinator at (713) 767-3553, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Methodist Hospital, Plainview, Texas dba Covenant Hospital Plainview, Docket No. 2008-1078-PST-E on January 29, 2009 assessing $3,375 in administrative penalties with $675 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 MOHSIN INC. dba Green Acre Mart, Docket No. 2008-1087-PST-E on January 29, 2009 assessing $8,550 in administrative penalties with $1,710 deferred.

Information concerning any aspect of this order may be obtained by contacting Elvia Maske, Enforcement Coordinator at (512) 239-0789, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding New West Construction, LLC, Docket No. 2008-1106-WQ-E on January 29, 2009 assessing $5,113 in administrative penalties with $1,022 deferred.

An agreed order was entered regarding Shell Pipeline Company LP, Docket No. 2008-1111-AIR-E on January 29, 2009 assessing $2,400 in administrative penalties with $480 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 State Service Co., Inc., Docket No. 2008-1112-MLM-E on January 29, 2009 assessing $5,775 in administrative penalties with $1,155 deferred.

An agreed order was entered regarding Syed N. Hyder, Docket No. 2008-1141-MWD-E on January 29, 2009 assessing $43,993 in administrative penalties with $8,798 deferred.

An agreed order was entered regarding Caprock Dairy, L.L.C., Docket No. 2008-1171-AGR-E on January 29, 2009 assessing $4,080 in administrative penalties with $816 deferred.

An agreed order was entered regarding 1977 Kindred II, L.P., Docket No. 2008-1183-MWD-E on January 29, 2009 assessing $3,750 in administrative penalties with $750 deferred.

An agreed order was entered regarding Pasha Sajjad dba King Food Citgo, Docket No. 2008-1184-PST-E on January 29, 2009 assessing $2,350 in administrative penalties with $470 deferred.

An agreed order was entered regarding City of Byers, Docket No. 2008-1199-MWD-E on January 29, 2009 assessing $11,500 in administrative penalties with $2,300 deferred.

An agreed order was entered regarding Santos Barcenas dba Buckets Convenience Store, Docket No. 2008-1207-PST-E on January 29, 2009 assessing $11,130 in administrative penalties with $2,226 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 Greenwood Ventures Inc., Docket No. 2008-1213-PWS-E on January 29, 2009 assessing $541 in administrative penalties with $108 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 City of Victoria, Docket No. 2008-1221-MLM-E on January 29, 2009 assessing $3,850 in administrative penalties with $770 deferred.

An agreed order was entered regarding Flint Hills Resources, LP, Docket No. 2008-1222-AIR-E on January 29, 2009 assessing $5,075 in administrative penalties with $1,015 deferred.

An agreed order was entered regarding Jafar Hakimzadeh dba Memorial Park Shell, Docket No. 2008-1235-PST-E on January 29, 2009 assessing $8,044 in administrative penalties with $1,608 deferred.

An agreed order was entered regarding IH-10/Loop 1604 Partners, Ltd., Docket No. 2008-1241-EAQ-E on January 29, 2009 assessing $10,500 in administrative penalties with $2,100 deferred.

An agreed order was entered regarding FAIRWAY ENTERPRISES, INC. dba 1st Choice Food Store 1, Docket No. 2008-1245-PST-E on January 29, 2009 assessing $4,100 in administrative penalties with $820 deferred.

Information concerning any aspect of this order may be obtained by contacting Michael Pace, Enforcement Coordinator at (817) 588-5933, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Douglas Wayne Harris dba MO-ROCK, Docket No. 2008-1271-AIR-E on January 29, 2009 assessing $10,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Carlie Konkol, Enforcement Coordinator at (361) 825-3422, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding LDH Energy Mont Belvieu L.P., Docket No. 2008-1272-AIR-E on January 29, 2009 assessing $850 in administrative penalties with $170 deferred.

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

An agreed order was entered regarding City of Mount Vernon, Docket No. 2008-1280-PWS-E on January 29, 2009 assessing $300 in administrative penalties with $60 deferred.

An agreed order was entered regarding PostOak Retailer's Inc. dba Welcome Food Mart, Docket No. 2008-1302-PST-E on January 29, 2009 assessing $7,740 in administrative penalties with $1,548 deferred.

An agreed order was entered regarding Valero Refining-Texas, L.P., Docket No. 2008-1341-AIR-E on January 29, 2009 assessing $9,800 in administrative penalties with $1,960 deferred.

An agreed order was entered regarding Johnson County Pipe, Inc., Docket No. 2008-1342-AIR-E on January 29, 2009 assessing $2,500 in administrative penalties with $500 deferred.

An agreed order was entered regarding AWAD ENTERPRISES INC dba A Madco Food Store, Docket No. 2008-1381-PST-E on January 29, 2009 assessing $2,550 in administrative penalties with $510 deferred.

An agreed order was entered regarding Trinity Industries, Inc., Docket No. 2008-1384-AIR-E on January 29, 2009 assessing $4,000 in administrative penalties with $800 deferred.

An agreed order was entered regarding Boyd R. Freitag dba Friday's General Store, Docket No. 2008-1391-PWS-E on January 29, 2009 assessing $200 in administrative penalties with $40 deferred.

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

An agreed order was entered regarding Atlas Roofing Corporation, Docket No. 2008-1411-AIR-E on January 29, 2009 assessing $4,850 in administrative penalties with $970 deferred.

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

A field citation was entered regarding City of Austin, Docket No. 2008-1789-PST-E on January 29, 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 Red River Biodiesel, Ltd., Docket No. 2008-1791-WQ-E on January 29, 2009 assessing $700 in administrative penalties.

A field citation was entered regarding Image Homes, Ltd., Docket No. 2008-1798-WQ-E on January 29, 2009 assessing $700 in administrative penalties.

TRD-200900559

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 11, 2009

Notice of District Petition

Notice issued February 6, 2009

TCEQ Internal Control No. 12302008-D04; Woodcreek Pin Oak, Ltd. (Petitioner) filed a petition for the creation of Fort Bend Municipal Utility District No. 199 with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code (TAC) Chapter 293; and the procedural rules of the TCEQ. The petition was filed with the county clerk of Fort Bend County, pursuant to 30 TAC §293.11(d). The petition states the following: (1) the Petitioner holds title to land within the proposed District and is the owner of a majority in value of the land to be included in the proposed District; (2) there is one lien holder on the property to be included in the proposed District; (3) the proposed District will contain approximately 86.78 acres located in Fort Bend County, Texas; and (4) the proposed District is within the corporate limits of the City of Katy, Texas. By affidavit, the lien holder, International Bank of Commerce, has consented to the creation of the proposed District. By Ordinance No. 2403, effective October 13, 2008, the City of Katy, Texas, gave its consent to the creation of the proposed District, pursuant to the Texas Water Code §54.016. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $18,654,900.

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-200900558

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 11, 2009

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 23, 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.

Copies of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 23, 2009. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: Addison Enterprises, Inc. dba Atwell 66; DOCKET NUMBER: 2007-2010-PST-E; TCEQ ID NUMBER: RN102411766; LOCATION: 5757 Bellaire Boulevard, Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: Texas Health and Safety Code (THSC), §382.085(b) and 30 TAC §115.242(1)(C), (3), and (3)(A), by failing to upgrade the Stage II equipment to onboard refueling vapor recovery compatible systems; PENALTY: $1,070; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(2) COMPANY: Effluent Recycling, Inc.; DOCKET NUMBER: 2007-0619-MLM-E; TCEQ ID NUMBER: RN101569879 and RN102755089; LOCATION: 1010 Benjamin Street, Fort Worth, Tarrant County (Facility 1) and 1117 South Commerce, Ranger, Eastland County (Facility 2); TYPE OF FACILITY: industrial hazardous waste generation, storage, and disposal facility (Facility 1) and used oil handling facility (Facility 2); RULES VIOLATED: 30 TAC §335.2(a) and §335.43(a) and 40 Code of Federal Regulations (CFR) §270.1(c), by failing to obtain a permit to store hazardous waste in on-site storage tank number three, the in ground tank, and frac tanks numbers 1 and 2 (Facility 1); 30 TAC §335.112(a)(8) and 40 CFR §265.173 and §265.176, by failing to close hazardous waste containers, except when necessary to add or remove waste and by failing to maintain containers holding ignitable waste at least 50 feet from the facility's property line (Facility 1); 30 TAC §335.112(a)(9) and 40 CFR §265.192, by failing to provide written assessment that was reviewed and certified by an independent, qualified, registered professional engineer attesting that the tank and tank system had sufficient structural integrity and was acceptable for the storing and treating of hazardous waste (Facility 1); 30 TAC §335.112(a)(9) and 40 CFR §265.193, by failing to install and maintain secondary containment which is designed to prevent any migration of wastes or accumulated liquids out of the system into the soil, groundwater, or surface water at any time during the use of the tank system (Facility 1); 30 TAC §335.112(a)(9) and 40 CFR §265.195(g), by failing to provide documentation for inspections conducted on the tank system (Facility 1); 30 TAC §335.4(1), by failing to prevent the disposal of industrial solid waste in such a manner to cause the discharge or imminent threat of discharge into or adjacent to the waters in the state without specific authorization (Facility 1); 30 TAC §335.62 and 40 CFR §262.11, by failing to conduct a complete Hazardous Waste Determination for the ground storage tank bottoms, the contents of the four storage tanks, the contaminated soil in the roll-off box, the contents of the in ground tank, and the contents of the two frac tanks (Facility 1); 30 TAC §327.3(b) and §327.5(c), by failing to make notifications of reportable discharges or spills into the environment within 24 hours (Facility 1); 30 TAC §335.5 and §335.6(a), by failing to deed record and by failing to comply with written or electronic notification requirements for the disposal of industrial solid waste at the facility (Facility 2); 30 TAC §324.4, 40 CFR §279.12(a), and TWC, §26.121, by failing to manage used oil in such a manner so as not to endanger the welfare of the environment (Facility 2); 30 TAC §324.6 and 40 CFR §279.22, by failing to maintain six 12,000 gallon used oil storage tanks in good condition with no visible leads and labeled or marked clearly with the words "Used Oil" (Facility 2); 30 TAC §324.1 and §324.12(3) and 40 CFR §279.44(a) and §279.53(a), by failing to provide documentation to meet the rebuttable presumption for used oil as a transporter and processor/re-refiner under the rebuttable presumption of 40 CFR §279.10(b)(ii) and by failing to have a facility analysis plan (Facility 2); 30 TAC §324.12 and 40 CFR §279.52, by failing to maintain and operate the facility to minimize the possibility of a fire or explosion (Facility 2); 30 TAC §324.22(d)(3), by failing to provide secondary containment for all areas where used oil is stored, transferred, or otherwise handled, including, but not limited to, loading docks, parking areas, storage areas, and any other areas where shipments of used oil are held for more than 24 hours (Facility 1); 30 TAC §324.11(2) and §324.4(2)(C)(i), by failing to obtain a registration for transporting and storing used oil (Facility 1); 30 TAC §37.2011 and §324.22(b), (c), and (e), by failing to establish and maintain financial assurance for soil remediation (Facility 1); 30 TAC §324.4(1), by failing to prevent the discharge of used oil from tanks and containers to surface soils (Facility 1); 30 TAC §334.47(a)(2), by failing to permanently remove from service or bring into timely compliance with upgrade requirements an existing Underground Storage Tank (UST) system (Facility 1); 30 TAC §335.4(1), by failing to prevent the discharge of wastes from tanks and containers to surface soils (Facility 1); 30 TAC §335.69(a)(1)(B) and 40 CFR §265.190, by failing to limit storage of hazardous waste to 90 days or less, and by failing to prevent the accumulation and/or storage of hazardous waste in tanks without adequate secondary containment, integrity assessment, and recordkeeping (Facility 1); and 30 TAC §335.62 and 40 CFR §262.11, by failing to conduct an appropriate hazardous waste determination on wastes generated at the site (Facility 1); PENALTY: $86,660; STAFF ATTORNEY: Mary R. Risner, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800 and Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(3) COMPANY: Fallbrook Enterprises, Inc. dba Fashion Cleaners; DOCKET NUMBER: 2006-1544-DCL-E; TCEQ ID NUMBER: RN104355912; LOCATION: 8925 Fallbrook Drive, Suite 1200, Houston, Harris County; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30 TAC §337.10(a) and THSC, §374.102, by failing to complete and submit the required registration form to the TCEQ for a dry cleaning and/or drop station facility; and 30 TAC §337.14(c) and TWC, §5.702, by failing to pay Dry Cleaner registration fees for TCEQ Financial Administration Account Number 24004034 and associated late fees for Fiscal Year 2007; PENALTY: $1,185; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(4) COMPANY: Gian O'Donnell dba American Convenience; DOCKET NUMBER: 2008-0287-PST-E; TCEQ ID NUMBER: RN101809713; LOCATION: 1001 College Avenue, South Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued UST delivery certificate by timely and proper submission of a completed UST registration and self-certification form to the agency at least 30 days before the expiration date of the delivery certificate; TWC, §26.3467(a) and 30 TAC §334.8(c)(5)(A)(i), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; THSC, §382.085(b) and 30 TAC §115.242(1)(C), by failing to upgrade the Stage II equipment to onboard refueling vapor recovery (ORVR) compatible system; and TWC, §5.702 and 30 TAC §334.22(a), by failing to pay outstanding UST fees and associated late fees for TCEQ Financial Account Number 0036044U for Fiscal Years 2005 - 2007; PENALTY: $3,060; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(5) COMPANY: Lauro Gonzalez dba Lauro's Welding and Sandblasting; DOCKET NUMBER: 2008-0895-AIR-E; TCEQ ID NUMBER: RN102547650; LOCATION: Highway 44 at the intersection of Highway 44 and Highway 77, Robstown, Nueces County; TYPE OF FACILITY: surface coating and abrasive cleaning operation; RULES VIOLATED: 30 TAC §116.110(a)(1) and THSC, §382.0518(a) and §382.085(b), by failing to obtain authorization to operate a plant with air emissions; PENALTY: $4,000; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(6) COMPANY: League City Paving Company, Inc.; DOCKET NUMBER: 2007-1630-MLM-E; TCEQ ID NUMBER: RN101784726; LOCATION: 2514 Anders Lane, Kemah, Galveston County; TYPE OF FACILITY: asphalt paving company; RULES VIOLATED: 30 TAC §335.4(1) and TWC, §26.121(a), by failing to prevent the discharge of industrial waste into or adjacent to waters in the state; and 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $7,350; STAFF ATTORNEY: Benjamin Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(7) COMPANY: M & K Pantry, L.C. dba Lumberton Chevron and dba M & K Pantry 4; DOCKET NUMBER: 2004-0675-PST-E; TCEQ ID NUMBER: RN101893188 (Lumberton Chevron) and RN102444890 (M & K Pantry 4); LOCATION: 11335 Highway 96 South, Lumberton, Hardin County (Lumberton Chevron) and 210 Highway 96 South, Silsbee, Hardin County (M & K Pantry 4); TYPE OF FACILITY: retail sales of gasoline products (Lumberton Chevron and M & K Pantry 4); RULES VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment by performing testing at least once every 12 months or upon major system replacement or modification (Lumberton Chevron); 30 TAC §115.242(3) and (5) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition as specified by the manufacturer and/or any applicable California Air Resources Board Executive Order and free of defects that would impair the effectiveness of the system, and to make all necessary repairs, replacements or adjustments to faulty equipment (Lumberton Chevron); 30 TAC §115.248(1) and (2) and THSC, §382.085(b), by failing to ensure that at least one facility representative received training and instruction in the operation and maintenance of the Stage II vapor recovery system within three months of departure of the trained employee, and to make each current employee aware of the purpose and correct operation of the Stage II equipment (Lumberton Chevron); 30 TAC §115.222(1) and THSC §382.085(b), by failing to ensure that each UST is equipped with a submerged fill pipe (Lumberton Chevron); 30 TAC §334.51(b)(2)(C) and TWC, §26.3475(c)(2), by failing to equip the regular unleaded UST system with overfill prevention equipment (Lumberton Chevron); 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of the USTs (Lumberton Chevron); 30 TAC §334.50(b)(1)(A), (2) and (2)(A)(i)(III) and TWC, §26.3475(a) and (c), by failing to ensure that all USTs are monitored for releases at a frequency of at least once every month, to provide proper release detection for the product piping associated with the UST system, and to conduct an annual performance test for line leak detectors on pressurized piping (Lumberton Chevron); 30 TAC §334.10(b), by failing to develop and maintain all required UST records (M & K Pantry 4); 30 TAC §334.49(a), and TWC §26.3475(d), by failing to provide a method of corrosion protection for the UST system (M & K Pantry 4); and 30 TAC §334.72(3), by failing to report a suspected UST system release to the agency within 24 hours when monitoring results from a release detection method indicate that a release may have occurred (M & K Pantry 4); PENALTY: $21,825; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(8) COMPANY: Michael Soza dba Water Valley Water Co-Op; DOCKET NUMBER: 2008-0993-PWS-E; TCEQ ID NUMBER: RN101451110; LOCATION: south of State Highway 71, approximately one mile east of Wolf Lane, east of Garfield, near the City of Cedar Creek, Travis County; TYPE OF FACILITY: public water supply for compensation; RULES VIOLATED: 30 TAC §290.271(b) and §290.274(a) and (c), by failing to directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year and by failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the water system and that the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ by July 1st of each year; and 30 TAC §290.51(a)(6), by failing to pay all annual and late Public Health Service fees for TCEQ Financial Administration Account Number 92270030 for Fiscal Years 2003 - 2008 to the TCEQ; PENALTY: $1,630; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(9) COMPANY: Parrish Machine and Service, Inc.; DOCKET NUMBER: 2007-1762-IHW-E; TCEQ ID NUMBER: RN100622901; LOCATION: 7419 Avenue O, Houston, Harris County; TYPE OF FACILITY: machine shop; RULES VIOLATED: 30 TAC §335.431(c) and 40 CFR §268.50(a)(2), by failing to prevent the storage of hazardous waste restricted from land disposal without a permit for over one year; 30 TAC §335.431(c) and 40 CFR §268.7(a)(2), by failing to properly complete the land disposal restriction notification for the initial shipment of spent chromic acid bath (WS 0001103H) on December 15, 2006 (Manifest Number 00035731); and 30 TAC §335.62 and 40 CFR §262.11, by failing to conduct hazardous waste determinations and classifications; PENALTY: $13,950; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(10) COMPANY: Pencco, Inc.; DOCKET NUMBER: 2007-0941-MSW-E; TCEQ ID NUMBER: RN101629970; LOCATION: 600 Russ Avenue, Sinton, San Patricio County; TYPE OF FACILITY: ferrous sulfate manufacturing facility; RULES VIOLATED: 30 TAC §324.1 and 40 CFR §279.22(b), by failing to store used oil in containers that did not leak and that were in good condition; 30 TAC §324.1 and 40 CFR §279.22(c)(1), by failing to label or mark used oil containers with the words "Used Oil"; PENALTY: $8,450; STAFF ATTORNEY: Mary Risner, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

TRD-200900526

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 10, 2009

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 23, 2009. The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

Copies of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 23, 2009. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: AZY Corporation, Inc.; DOCKET NUMBER: 2008-1279-PST-E; TCEQ ID NUMBER: RN102893492; LOCATION: 14623 Buffalo Speedway, Houston, Harris County; TYPE OF FACILITY: convenience store; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove two underground storage tanks from service; PENALTY: $5,250; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(2) COMPANY: Afzal Shekhani dba Bender Texaco; DOCKET NUMBER: 2006-1565-PST-E; TCEQ ID NUMBER: RN101259067; LOCATION: 2002 Aldine Bender Road, Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.245(2) and Texas Health and Safety Code (THSC), §382.085(b), by failing to verify proper operation of the Stage II equipment at least once every 36 months; 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to provide and maintain the Stage II vapor recovery system in proper operating condition and free of defects; 30 TAC §334.49(c)(2)(C) and TWC, §26.3475(d), by failing to inspect the impressed current cathodic protection system at least once every 60 days to ensure that the rectifier and other system components were operating properly; 30 TAC §334.50(b)(2)(A)(i)(III) and (d)(1)(B)(ii) and TWC, §26.3475(a) and (c)(1), by failing to test the line leak detectors at least once per year for performance and operational reliability and by failing to conduct reconciliation of detailed inventory control records at least once each month, sufficiently accurate to detect a release as small as the sum of 1.0% of the total substance flow through for the month plus 130 gallons; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all underground storage tanks (USTs) involved in the retail sale of petroleum substances used as a motor fuel; PENALTY: $11,000; STAFF ATTORNEY: Dinniah Chahin, Litigation Division, MC 175, (512) 239-0617; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(3) COMPANY: Cardinal Meadows Improvement District; DOCKET NUMBER: 2008-0117-MWD-E; TCEQ ID NUMBER: RN104416417; LOCATION: corner of Smokey Lane and Hildebrandt Road, Jefferson County; TYPE OF FACILITY: sewage collection system with the main lift station; RULES VIOLATED: 30 TAC §317.3(e)(5) and TCEQ Agreed Order Docket Number 2005-1866-MWD-E, Ordering Provision Number 2.a., by failing to provide operational audiovisual alarms at the Number 1 and 3 lift stations; and 30 TAC §317.3(c)(2) and TCEQ Agreed Order Docket Number 2005-1866-MWD-E, Ordering Provision Number 2.b., by failing to provide a firm pumping capacity, defined as total station maximum pumping capacity with the largest pump out of service, at the Number 1 and 2 lift stations; PENALTY: $19,880; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(4) COMPANY: IZR Corporation dba Garland Fina; DOCKET NUMBER: 2007-0409-PST-E; TCEQ ID NUMBER: RN101551299; LOCATION: 3101 Saturn Road, Garland, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.45(c)(3)(A), by failing to install an emergency shutoff valve on each pressurized delivery or product line and ensure that it is securely anchored at the base of the dispenser; 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to provide and maintain the Stage II vapor recovery system in proper operating condition; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify the proper operation of the Stage II equipment; 30 TAC §115.248(1) 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 vapor recovery system; 30 TAC §115.244(1) and (3) and THSC, §382.085(b), by failing to conduct daily and monthly inspections of the Stage II vapor recovery system; 30 TAC §115.246(7)(A) and THSC, §382.085(b), by failing to maintain records on-site and then make them immediately available for review; and 30 TAC §334.8(c)(5)(B)(ii) and TWC, §26.3467(a), by failing to renew a delivery certificate; PENALTY: $11,102; STAFF ATTORNEY: Rebecca Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: James Luckey and John Luckey; DOCKET NUMBER: 2007-1646-MLM-E; TCEQ ID NUMBER: RN105007025; LOCATION: Private Road 5210, Jasper County; TYPE OF FACILITY: unauthorized disposal site; RULES VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste; and 30 TAC §111.201 and THSC, §382.085(b), by failing to comply with the general prohibition on outdoor burning; PENALTY: $4,450; STAFF ATTORNEY: Benjamin Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(6) COMPANY: Jesus Garcia; DOCKET NUMBER: 2008-0646-MSW-E; TCEQ ID NUMBER: RN104688874; LOCATION: two miles north of Falfurrias on County Road 410, Jim Wells County; TYPE OF FACILITY: unauthorized municipal solid waste disposal operation; RULES VIOLATED: 30 TAC §330.15(c), and TCEQ Default Order 2006-0078-MSW-E, Ordering Provision Number 2.a., b., and c., by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $3,900; STAFF ATTORNEY: Jennifer Cook, Litigation Division, MC 175, (512) 239-1873; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(7) COMPANY: John C. Moore dba Moores Water System; DOCKET NUMBER: 2008-1040-PWS-E; TCEQ ID NUMBER: RN102682291; LOCATION: 476 Beaver Lane, McLennan County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.271(b), §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Compliance Report (CCR) to each bill paying customer by July 1st of each year, and by failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the water system and the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ by July 1st of each year; and 30 TAC §290.51(a)(6), by failing to pay all annual and late Public Health Service fees for TCEQ Financial Administration Account Number 91550127 for Fiscal Year 2008 to the TCEQ; PENALTY: $1,674; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(8) COMPANY: John R. Eggen; DOCKET NUMBER: 2008-0969-WOC-E; TCEQ ID NUMBER: RN103243184; LOCATION: Cottonwood Creek Mobile Home Park, 404 Greene Road, Lancaster, Dallas County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §30.5(a) and §30.381(b), TWC, §37.003, and THSC, §341.034(b), by failing to maintain a valid, effective public water system operator license issued by the commission prior to performing process control duties for the production and distribution of drinking water; PENALTY: $328; STAFF ATTORNEY: Stephanie J. Frazee, Litigation Division, MC 175, (512) 239-6393; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(9) COMPANY: Karl Tatsch dba Hill Country Cleaners and Laundry and dba Hill Country Cleaners; DOCKET NUMBER: 2007-2031-DCL-E; TCEQ ID NUMBER: RN104089891 and RN103958807; LOCATION: 605 Sheffield Avenue, Llano, Llano County (Facility 1) and 800 Beesmer Avenue, Suite #1, Llano, Llano County (Facility 2); TYPE OF FACILITY: dry cleaning facility (Facility 1) and dry cleaning drop station (Facility 2); RULES VIOLATED: 30 TAC §337.11(e) and THSC, §374.102, by failing to renew Facility 1's registration by completing and submitting the required registration form to the TCEQ for a dry cleaning facility for Fiscal Year 2008; 30 TAC §337.11(e) and THSC, §374.102, by failing to renew Facility 2's registration by completing and submitting the required registration form to the TCEQ for a dry cleaning drop station for Fiscal Year 2008; and 30 TAC §337.14(c), TWC, §5.702, and TCEQ Agreed Order Docket Number 2006-0919-DCL-E, Ordering Provision Number 1, 2.a., and 2.b., by failing to pay registration fees and associated late fees to TCEQ Financial Account Number 24000502 and by failing to pay an administrative penalty assessed by TCEQ Agreed Order Docket Number 2006-0919-DCL-E; PENALTY: $350; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(10) COMPANY: Myung & Choon Kim, Inc. dba Town & Country Cleaners and dba Viking Cleaners; DOCKET NUMBER: 2006-1265-DCL-E; TCEQ ID NUMBER: RN104094933 and RN100795848; LOCATION: 820 East Cartwright Road, Suite 131, Mesquite, Dallas County (Town & Country Cleaners) and 8936 Lake June Road, Dallas, Dallas County (Viking Cleaners); TYPE OF FACILITY: dry cleaning drop station (Town & Country Cleaners) and dry cleaning drop station (Viking Cleaners); RULES VIOLATED: 30 TAC §337.11(e) and THSC, §374.102, by failing to renew Town & Country Cleaners' registration by completing and submitting the required registration form to the TCEQ for a dry cleaning drop station facility; and 30 TAC §337.11(e) and THSC, §374.102, by failing to renew Viking Cleaners' registration by completing and submitting the required registration form to the TCEQ for a dry cleaning drop station facility; PENALTY: $2,370; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: New Star Holdings, L.L.C. dba Friendswood Texaco 106 aka Friendswood Shell and Northstar Equities, Inc.; DOCKET NUMBER: 2008-0879-PST-E; TCEQ ID NUMBER: RN101803757; LOCATION: 4550 Farm-to-Market Road 2351, Friendswood, Harris County; TYPE OF FACILITY: convenience station with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(5) and THSC, §382.085(b), by failing to maintain Stage II records at the station and make them available for inspection upon request by agency personnel; 30 TAC §115.242(1)(C), (3)(L), and THSC, §382.085(b), by failing to upgrade the Stage II equipment to onboard refueling vapor recovery compatible systems, and by failing to maintain the Stage II vapor recovery system in proper operating condition as specified by the manufacturer and/or any applicable California Air Resources Board Executive Order, and free of defects that would impair the effectiveness of the system; 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 vapor recovery system within three months of departure of the previously trained employee; 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued underground storage tank delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; and 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; PENALTY: $4,725; STAFF ATTORNEY: Peipey Tang, Litigation Division, MC 175, (512) 239-0654; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(12) COMPANY: Shawn Horvath dba Aero Valley Water Service; DOCKET NUMBER: 2008-0962-PWS-E; TCEQ ID NUMBER: RN101198331; LOCATION: east of Interstate 35 West, 1/2 mile south of Farm-to-Market Road 1171 on Cleveland Gibbs Road, Northwest Regional Airport, Denton County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(ii) and §290.122(c)(2)(A) and THSC, §341.033(d), by failing to collect routine distribution water samples for coliform analysis for the months of July - December 2007, and by failing to provide public notification of the failure to sample for the months of July - December 2007; 30 TAC §290.109(c)(3)(A)(ii) and §290.3122(c)(2)(A), by failing to collect a set of repeat samples within 24 hours of being notified of a total coliform-positive sample result and by failing to provide public notification of the failure to collect repeat water samples for the month of March 2008; 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or deliver one copy of the CCR to each bill paying customer by July 1st of each year and by failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the water system and that the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ by July 1st of each year; and 30 TAC §290.51(a)(6), by failing to pay all annual and late Public Health Service fees for TCEQ Financial Administration Account Number 90610243 for Fiscal Years 2003 - 2008; PENALTY: $5,133; STAFF ATTORNEY: Tommy Henson, Litigation Division, MC 175, (512) 239-0946; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: Shobhana Patel dba Bear Food Mart; DOCKET NUMBER: 2008-0123-PST-E; TCEQ ID NUMBER: RN102447844; LOCATION: 1200 La Salle Avenue, Waco, McLennan County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b), by failing to maintain underground storage tank records and make them immediately available for inspection upon request by agency personnel; PENALTY: $1,600; STAFF ATTORNEY: Benjamin Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

TRD-200900525

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 10, 2009

Notice of Opportunity to Comment on Shut Down/Default Orders of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (commission) staff is providing an opportunity for written public comment on the listed Shutdown/Default Order (S/DO). Texas Water Code (TWC), §26.3475 authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The commission proposes a Shutdown Order after the owner or operator of a UST facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection violations documented at the facility. The commission proposes a Default Order when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. In accordance with TWC, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 23, 2009. The commission will consider any written comments received and the commission may withdraw or withhold approval of a S/DO if a comment discloses facts or considerations that indicate that consent to the proposed S/DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed S/DO is not required to be published if those changes are made in response to written comments.

A copy of the proposed S/DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the S/DO shall be sent to the attorney designated for the S/DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 23, 2009. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission attorneys are available to discuss the S/DO and/or the comment procedure at the listed phone numbers; however, comments on the S/DO shall be submitted to the commission in writing.

(1) COMPANY: Dahisar Business, Inc. dba Honey Stop 2; DOCKET NUMBER: 2006-0603-PST-E; TCEQ ID NUMBER: RN102253242; LOCATION: 1012 Park Avenue, Orange, Orange County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(5)(B)(ii), by failing to renew a delivery certificate by submitting a new underground storage tank (UST) registration and self-certification form 30 days before the expiration of the delivery certificate; 30 TAC §334.50(a)(1)(A) and §334.48(c), TWC, §26.3475(a) and (c)(1), by failing to provide a release detection method capable of detecting a release from any portion of the UST system which contains regulated substances including the tanks, piping, and other underground ancillary equipment as ordered by Ordering Provision Number 2.b.i. of Agreed Order Docket Number 2004-1641-PST-E effective on August 20, 2005; 30 TAC §334.50(d)(1)(B) as ordered by Ordering Provisions 2.a. of Agreed Order Docket Number 2004-1641-PST-E effective on August 20, 2005, by failing to conduct effective manual or automatic inventory control procedures; 30 TAC §37.815(a) and (b), by failing to demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; and 30 TAC §115.226(1), by failing to maintain a record at the facility site of the dates on which gasoline was delivered to the dispensing facility; PENALTY: $37,500; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

TRD-200900527

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 10, 2009

Notice of Water Quality Applications

The following notices were issued during the period of February 2, 2009 through February 5, 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

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO 185 has applied for a renewal of TPDES Permit No. WQ0014704001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 350,000 gallons per day. The facility is located approximately 0.8 mile east and 0.2 mile north of the intersection of Greenbusch Road and Gaston Road in Fort Bend County, Texas.

CITY OF SWEETWATER has applied for a renewal of TPDES Permit No. WQ0010373002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,200,000 gallons per day. The facility is located on County Road 109, 0.6 mile north of the intersection of Farm-to-Market Road 1856 and Interstate Highway 20 in Nolan County, Texas.

ENTERPRISE PRODUCTS OPERATING LLC which operates Morgan's Point Complex, an organic chemical manufacturing facility, has applied for a renewal of TPDES Permit No. WQ0000440000, which authorizes the discharge of process wastewater, storm water, cooling tower blowdown, demineralizer regenerate wastewater, domestic wastewater, pressure washwater, water from steam traps, air compressor condensate, and water from the bottom of the methanol still column at a daily average flow not to exceed 310,000 gallons per day via Outfall 001; and the discharge of once-through non-contact cooling water, pressure washwater, water from steam traps, air compressor condensate, and storm water at a daily average dry weather flow not to exceed 150,000 gallons per day via Outfall 002; and the discharge of once-through non-contact cooling water, pressure washwater, steam traps, air compressor condensate, settled Channel Water Authority water from the pigging line, and storm water at a daily average dry weather flow not to exceed 600,000 gallons per day via Outfall 003. The facility is located at 1200 North Broadway, approximately one-half mile north of the intersection of North Broadway Street and West Barbours Cut Boulevard, in the city of Morgan's Point, Harris County, Texas.

ALTURA POWER LP which operates a lignite fired steam electric generating station, has applied for a major amendment to TPDES Permit No. WQ0002877000 to increase the daily maximum flow at Outfall 002 to 3,000,000 gallons per day. The current permit authorizes the discharge of coal pile runoff and storm water from the coal facility on an intermittent and flow variable basis via Outfall 001; low volume waste, cooling tower blowdown and storm water runoff at a daily maximum dry weather flow not to exceed 1,500,000 gallons per day via Outfall 002; and storm water runoff from the ash storage area on an intermittent and flow variable basis via Outfall 003. The facility is located approximately one (1) mile east of the Town of Hammond and approximately eight (8) miles north (via State Highway 6) of the City of Calvert, Robertson County, Texas.

THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) has initiated a minor amendment to the current permit 4211-000 issued December 12, 2008, of the Texas Pollutant Discharge Elimination System (TPDES) permit issued to Luminant Mining Company LLC, 500 North Akard Street, Dallas, Texas 75201, which operates the Monticello-Thermo Lignite Mining Area, to replace the incorrect permit expiration date of January 1, 2006 with the correct expiration date of January 1, 2011. Also, the current permit has been updated to include the current Definitions and Standard Permit Conditions (Boiler Plate; pages 3-11), and the permittee's new name and mailing address. The current permit issued under TXU Mining Company, c/o Timothy O'Shea, Ph.D., Environmental Services, Energy Plaza, 1601 Bryan Street, Dallas, Texas 75201-3411, authorizes the discharge of mine drainage and surface runoff from the active mining area, groundwater, and pretreated and previously monitored effluents (surface runoff from post mining areas and previously monitored Outfall 001 effluent on an intermittent and flow variable basis via Outfall 101 and treated domestic wastewater at a daily average flow not to exceed 2,600 gallons per day via Outfall 201) on an intermittent and flow variable basis via Outfall 001. The facility is located on State Highway 11, approximately 2.5 miles southeast of the intersection of State Highway 11 and Interstate Highway 30, Hopkins County, Texas.

TEXAS DEPARTMENT OF TRANSPORTATION HOUSTON DISTRICT (Pasadena), which operates the Texas Department of Transportation - Houston District (Pasadena) Municipal Separate Storm Sewer System, has applied for a renewal of NPDES Permit No. TXS001701. The draft permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004520000, would authorize storm water point source discharges to surface water in the state from the Texas Department of Transportation - Houston District (Pasadena) Municipal Separate Storm Sewer System. This permit will be reissued as TPDES Permit No. WQ0004520000 (TXS001702). The municipal separate storm sewer system is located within the corporate boundary of the City of Pasadena, Harris County, Texas.

CITY OF LOTT has applied for renewal of TPDES Permit No. WQ0010017001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 80,000 gallons per day. The facility is located on the northwest side of the City of Lott on Avenue "G" between Bone Branch and the Southern Pacific Railroad in Falls County, Texas.

THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) has initiated a minor amendment of the Texas Pollutant Discharge Elimination System (TPDES) permit issued to City of Port Arthur to change the TPDES permit number that was inadvertently listed as WQ0010364001 to WQ0010364009. The existing permit 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 Pleasure Island adjacent to the Sabine-Neches Waterway, approximately 1.6 miles northeast of the Gulfgate Bridge in Jefferson County, Texas.

THE CITY OF GIDDINGS has applied for a renewal of TPDES Permit No. WQ0010456001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 700,000 gallons per day. The facility is located on the south side of Farm-to-Market Road 2440, approximately one mile west of the intersection of Farm-to-Market Road 2440 and U.S. Highway 77 in Lee County, Texas.

CITY OF GRAFORD has applied for a renewal of TPDES Permit No. WQ10722001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 111,000 gallons per day. The facility is located approximately 1500 feet northwest of the intersection of Farm-to-Market Road 4 and State Highway Spur 397, approximately 1300 feet west of Farm-to-Market Road 4 in Palo Pinto County, Texas.

CITY OF LEVELLAND has applied for a renewal of Permit No. WQ0010965001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 1,800,000 gallons per day via surface irrigation of 475 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 2 miles southeast of the intersection of U.S. Highway 385 and State Highway 114, southeast of Levelland and 2.5 miles southwest of the intersection of State Highway 114 and Farm-to-Market Road 3261 in Hockley County, Texas.

BISHOP CONSOLIDATED INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. WQ0011754001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 8,000 gallons per day. The facility is located northeast of the intersection of County Road 22 and Farm-to-Market Road 665 in the Town of Petronila in Nueces County, Texas.

CNL INCOME SPLASHTOWN LLC AND PARC SPLASHTOWN LLC has applied for a renewal of TPDES Permit No. WQ0011886001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day. The facility is located approximately 1,400 feet west of Interstate Highway 45 and 3,000 feet south of Spring-Cypress Road near the City of Spring in Harris County, Texas.

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO 146 has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit WQ0014455001 to change the interim I phase flow from 150,000 gallons per day to 300,000 gallons per day and interim II phase flow from 300,000 gallons per day to 450,000 gallons per day. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 750,000 gallons per day. The facility is located approximately 2,400 feet west-northwest of the intersection of Morton Road and the Grand Parkway and approximately 600 feet north of Morton Road in Fort Bend County, Texas.

WOODMERE DEVELOPMENT CO. LTD has applied for a renewal of TPDES Permit No. WQ0014697001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility will be located approximately 2,600 feet north of Highway 90 and approximately 2,000 feet west of the San Jacinto River in Harris County, Texas.

SOUTH CENTRAL WATER COMPANY has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014924001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 320,000 gallons per day. The facility will be located approximately 0.5 mile east-northeast of the intersection of Interstate Highway 45 and Cypress Creek in Harris County, Texas.

CITY OF PATTON VILLAGE has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014926001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 350,000 gallons per day. The facility will be located within the city limits of Patton Village, approximately 550 feet west of the intersection of South Lakeview Drive and Lakeview Drive, in Montgomery County, Texas.

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

TRD-200900557

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 11, 2009

Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on February 6, 2009, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Salt Fork Underground Water Conservation District; SOAH Docket No. 582-09-0132; TCEQ Docket No. 2007-0766-DIS-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Salt Fork Underground Water Conservation District on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Melissa Chao, Office of the Chief Clerk, (512) 239-3300.

TRD-200900560

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 11, 2009

Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on February 10, 2009, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Gwen Gordan and Wanda Percy dba Holliday Cafe; SOAH Docket No. 582-08-1691; TCEQ Docket No. 2007-0741-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Gwen Gordan and Wanda Percy dba Holliday Cafe on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Melissa Chao, Office of the Chief Clerk, (512) 239-3300.

TRD-200900561

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 11, 2009

Texas Health and Human Services Commission

Public Notice

The Texas Health and Human Services Commission (HHSC) intends to submit to the Centers for Medicare and Medicaid Services a request to renew the Community Living and Support Services (CLASS) program. The CLASS program is a Medicaid home and community-based services waiver program under the authority of Title XIX, Section 1915(c), of the Social Security Act. The current waiver will expire August 31, 2008. The proposed effective date for the renewal is September 1, 2009.

The CLASS program provides individualized home and community-based services and supports to individuals living in their own or their families' homes and who have severe chronic disabilities closely related to mental retardation. Individuals must meet the requirements for admission to an intermediate care facility for individuals with mental retardation (ICF-MR) and must also meet financial eligibility requirements.

Services include case management, adaptive aids and medical supplies, habilitation, minor home modifications, nursing services, occupational therapy, physical therapy, speech therapy, specialized therapies, behavioral support services, respite, and transition assistance.

HHSC will request that the waiver renewal be approved for an additional five year period beginning September 1, 2009, and extending through August 31, 2014. When compared to the costs of serving individuals in ICFs-MR, this waiver maintains cost neutrality for waiver years 2009 through 2014.

To obtain copies of the proposed waiver, interested parties may contact Christine Longoria by mail at Texas Health and Human Services Commission, P.O. Box 85200, mail code H-600, Austin, Texas 78708-5200, by phone at (512) 491-1152, by fax at (512) 491-1953, or by e-mail at christine.longoria@hhsc.state.tx.us.

TRD-200900442

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: February 4, 2009

Texas Department of Insurance

Company Licensing

Application to change the name of AIG ANNUITY INSURANCE COMPANY to WESTERN NATIONAL LIFE INSURANCE COMPANY, a domestic life company. The home office is in Houston, 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-200900551

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: February 11, 2009

Texas Lottery Commission

Instant Game Number 1152 "Loteria® Texas"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1152 is "LOTERIA® TEXAS". The play style is "coordinate with prize legend".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1152 shall be $3.00 per ticket.

1.2 Definitions in Instant Game No. 1152.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: THE ARROWS SYMBOL, THE BELL SYMBOL, THE BOOT SYMBOL, THE CACTUS SYMBOL, THE CANOE SYMBOL, THE CROWN SYMBOL, THE DEER SYMBOL, THE DRUM SYMBOL, THE FISH SYMBOL, THE FLOWERPOT SYMBOL, THE FROG SYMBOL, THE HAND SYMBOL, THE LADDER SYMBOL, THE MERMAID SYMBOL, THE MOON SYMBOL, THE MUSICIAN SYMBOL, THE PARROT SYMBOL, THE PEAR SYMBOL, THE PITCHER SYMBOL, THE ROOSTER SYMBOL, THE ROSE SYMBOL, THE STAR SYMBOL, THE SUN SYMBOL, THE TREE SYMBOL, THE UMBRELLA SYMBOL, THE VIOLIN SYMBOL, THE WATERMELON SYMBOL, THE WORLD SYMBOL, and THE BARREL SYMBOL.

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

Figure 1: GAME NO. 1152 - 1.2D

E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.

F. Low-Tier Prize - A prize of $3.00, $4.00, $7.00, $10.00, $17.00, or $20.00.

G. Mid-Tier Prize - A prize of $30.00, $33.00, $50.00, $80.00, or $300.

H. High-Tier Prize - A prize of $3,000 or $33,000.

I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number, and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1152), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 1152-0000001-001.

K. Pack - A pack of "LOTERIA® TEXAS" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). There will be two (2) fanfold configurations for this game. Configuration A will show the front of ticket 001 and the back of ticket 125. Configuration B will show the back of ticket 001 and the front of ticket 125.

L. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401.

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "LOTERIA® TEXAS" Instant Game No. 1152 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "LOTERIA® TEXAS" Instant Game is determined once the latex on the ticket is scratched off to expose 30 (thirty) play symbols. The player scratches off the CALLER'S CARD area to reveal fourteen (14) symbols. The player scratches only the symbols on the LOTERIA® CARD that match the symbols revealed on the CALLER'S CARD to reveal a bean. The player reveals four (4) beans in any complete horizontal or vertical line in the LOTERIA® CARD to win the prize shown for that line. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 30 (thirty) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted, or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code, and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 30 (thirty) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed, or produced in error;

16. Each of the 30 (thirty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 30 (thirty) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. A ticket may win up to three (3) times per the prize structure.

C. No adjacent tickets will contain identical CALLER'S CARD play symbols in exactly the same locations.

D. No duplicate play symbols in the CALLER'S CARD play area.

E. On non-winning tickets, there will be at least one near win. A near win is defined as matching three (3) of the four (4) symbols to the CALLER'S CARD for a given row or column.

F. There will be no occurrence of all four (4) symbols in either diagonal matching the CALLER'S CARD symbols.

G. At least eight (8), but no more than twelve (12), CALLER'S CARD play symbols will match a symbol on the LOTERIA® CARD on a ticket.

H. No duplicate play symbols on a LOTERIA® CARD as indicated in the artwork section.

I. Each LOTERIA® CARD will have an occurrence of the rooster symbol as indicated in the artwork section.

2.3 Procedure for Claiming Prizes.

A. To claim a "LOTERIA® TEXAS" Instant Game prize of $3.00, $4.00, $7.00, $10.00, $17.00, $20.00, $30.00, $33.00, $50.00, $80.00, or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $30.00, $33.00, $50.00, $80.00, or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "LOTERIA® TEXAS" Instant Game prize of $3,000 or $33,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "LOTERIA® TEXAS" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Office of the Attorney General; or

3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "LOTERIA® TEXAS" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "LOTERIA® TEXAS" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 10,080,000 tickets in the Instant Game No. 1152. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1152 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1152 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1152, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401, and all final decisions of the Executive Director.

TRD-200900443

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: February 5, 2009

North Central Texas Council of Governments

Request for Proposals to Perform the Dallas-Garland Road Vision Study

This request by the North Central Texas Council of Governments (NCTCOG) for consultant services is filed under the provisions of Government Code, Chapter 2254.

The North Central Texas Council of Governments (NCTCOG) is requesting written proposals from consultant firm(s) to perform the Dallas-Garland Road Vision Study which will:

1) Develop a circulation vision for the Garland Road corridor that provides guidance for future thoroughfare planning and context sensitive design of transportation networks in the study area;

2) Develop a future land use development vision that provides policy guidelines for land use patterns in the study area and provides a quantitative basis for future transportation, housing, infrastructure, and economic development in the study area, and;

3) Develop a strategic opportunity vision that identifies viable areas and that will serve as a catalyst for the study area.

Due Date

Proposals must be received no later than 5 p.m., Central Daylight Time, on Friday, March 20, 2009, to Karla Weaver, Senior Transportation Planner, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011 or P.O. Box 5888, Arlington, Texas 76005-5888. For copies of the RFP, contact Therese Bergeon, at (817) 695-9267.

Contract Award Procedures

The firm or individual selected to perform these activities will be recommended by a Consultant Selection Committee (CSC). The CSC will use evaluation criteria and methodology consistent with the scope of services contained in the Request for Proposals. The NCTCOG Executive Board will review the CSC's recommendations and, if found acceptable, will issue a contract award.

Regulations

NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78 Statute 252, 41 United States Code 2000d to 2000d-4; and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 1, Nondiscrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such act, hereby notifies all proposers that it will affirmatively assure that in regard to any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, national origin, or disability in consideration of an award.

TRD-200900545

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: February 10, 2009

North East Texas Regional Mobility Authority

Notice of Availability of Request for Proposals to Provide Underwriting Services

The North East Texas Regional Mobility Authority ("NET RMA"), a political subdivision of the State of Texas, is soliciting statements of interest and qualifications from investment banking firms interested in providing the NET RMA with underwriting services in connection with the proposed financing of the Loop 49 toll project ("Toll 49") and any other project financing that the NET RMA may elect to execute during the term of the engagement. It is the intent of the NET RMA to select and designate a pool of investment banking firms from which to assign firms, as needed, to underwrite financings or provide other debt management related services.

A request for proposals ("RFP") packet may be obtained electronically from the NET RMA website at www.netrma.org. Copies will also be available by contacting the NET RMA at (903) 595-6585. Periodic updates, addenda, and clarifications may be posted on the NET RMA website, and interested parties are responsible for monitoring the website accordingly. Final proposals must be received by the North East Texas Regional Mobility Authority, 305 S. Broadway Avenue, Ste. 100, Tyler, Texas 75702 by 3:00 p.m. CST, March 9, 2009, to be eligible for consideration.

Each firm will be evaluated based on the criteria and process set forth in the RFP. The final selection of firms for inclusion in the pool, if any, will be made by the NET RMA Board of Directors.

TRD-200900556

Jeff Austin, III

Chairman

North East Texas Regional Mobility Authority

Filed: February 11, 2009

Texas Parks and Wildlife Department

Notice of Proposed Real Estate Transaction

Acceptance of Land Donation

Government Canyon State Park - Bexar County

In a meeting on March 26, 2009, the Texas Parks and Wildlife Commission (the Commission) will consider accepting a donation of approximately 3,000 acres adjacent to Government Canyon State Park in Bexar County. At this meeting, the public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at ted.hollingsworth@tpwd.state.tx.us or through the TPWD web site at tpwd.state.tx.us.

TRD-200900530

Ann Bright

General Counsel

Texas Parks and Wildlife Department

Filed: February 10, 2009

Notice of Proposed Real Estate Transaction

Acceptance of Land Donation

Possum Kingdom State Park - Palo Pinto County

In a meeting on March 26, 2009, the Texas Parks and Wildlife Commission (the Commission) will consider accepting a donation of approximately 350 acres adjacent to Possum Kingdom State Park in Palo Pinto County. At this meeting, the public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at ted.hollingsworth@tpwd.state.tx.us or through the TPWD web site at tpwd.state.tx.us.

TRD-200900528

Ann Bright

General Counsel

Texas Parks and Wildlife Department

Filed: February 10, 2009

Notice of Proposed Real Estate Transaction

Land Exchange

Caddo Lake State Park - Harrison County

In a meeting on March 26, 2009, the Texas Parks and Wildlife Commission (the Commission) will consider exchanging approximately one acre of land for approximately one acre of land adjacent to Caddo Lake State Park in Harrison County. At this meeting, the public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at ted.hollingsworth@tpwd.state.tx.us or through the TPWD web site at tpwd.state.tx.us.

TRD-200900529

Ann Bright

General Counsel

Texas Parks and Wildlife Department

Filed: February 10, 2009

Notice of Proposed Real Estate Transaction

Land Purchase

Mission Tejas State Park - Houston County

In a meeting on March 26, 2009, the Texas Parks and Wildlife Commission (the Commission) will consider purchasing approximately one-fourth of an acre contiguous to the park entrance at Mission Tejas State Park in Houston County. At this meeting, the public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Corky Kuhlman, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at corky.kuhlmann@tpwd.state.tx.us or through the TPWD web site at tpwd.state.tx.us.

TRD-200900531

Ann Bright

General Counsel

Texas Parks and Wildlife Department

Filed: February 10, 2009

Texas Department of Public Safety

Request for Qualifications

RFQ #405-HQ9-9053--Agreement for Internal Audit Services

PURPOSE

The Texas Department of Public Safety (TXDPS or Department) is seeking to enter into a contract, under which highly qualified auditors will provide governmental auditing, accounting expertise, and risk assessment services for fiscal years 2009-2013. The fiscal year for Texas state government begins on September 1st and ends on August 31st. The successful vendor will work with the Director of Audit and Inspection (Director or Project Manager) to do the following: a) complete certain internal audit projects; b) evaluate and contribute to the improvement of risk management and control processes within the Department; and c) provide internal auditing services to include risk assessments, informal and formal advice, analysis, or assessments of Department business processes, governance processes, and related controls.

BACKGROUND

The Office of Audit and Inspection plans and conducts internal audits evaluating the effectiveness, efficiency, and reliability of the Department's administrative, information technology, and accounting systems and controls. Due to staff retention issues in recent years, the fiscal year 2009 Internal Audit Plan cannot be completed without outsourcing. Furthermore, the function would benefit from ongoing outsourced support in fiscal years 2010-2013 as the Office of Audit and Inspection continues to provide the Department with internal auditing services. The Department is a dynamic organization that manages ever increasing challenges to its limited resources in the accomplishment of its operating objectives. It is imperative that the Department takes every opportunity to ensure its processes are as effective and efficient as possible and that systems and processes are appropriately controlled. A vendor is needed to provide auditing services on a broad range of operational/financial topics relative to the Department's business processes, governance processes, and related controls. In addition, the Department may seek an independent risk assessment of all Department programs and related auditable units. The purpose of such an assessment would be to develop the Department's annual internal audit plan.

REQUIREMENTS

The selected vendor must comply with the requirements of Chapter 2102 of the Texas Government Code (Internal Auditing) and §§411.241 - 411.243 of the Texas Government Code.

TXDPS is seeking highly qualified auditors to:

1. Complete approximately 900 hours of internal audit work planned for fiscal year 2009, on or before May 31, 2009. The initial objectives for this work have been established by the Director, as follows:

A. Grant Cash Management Audit--Perform a cash flow analysis of fiscal year 2008 grant expenditures and grant reimbursements. The cash flow analysis should include:

1. the number of days that appropriated funds were used pending grant reimbursement and make use of frequency distributions and histograms to report the results.

2. any other statistical analysis that, in the auditor's judgment, will aid management in understanding the nature of the Department's grant related cash management practices and cash flow.

Evaluate DPS cash management practices. Make recommendations for improving cash management practices and reducing the average time the Department must wait for grant reimbursements.

B. Grant Acquisition Audit--Evaluate the Department's grant acquisition processes. Specifically, how the Department identifies and applies for grants. Also, estimate the amount of grant funds the Department was eligible to apply for in fiscal year 2008 but did not.

C. Grant Management Audit--Evaluate the Department's internal controls relative to the compliance requirements for Federal programs and make recommendations for improvement. Determine whether the Department's grant management policies and procedures are adequate to provide reasonable assurance that:

1. Transactions are properly recorded and accounted for to:

a. Permit the preparation of reliable financial statements and Federal reports.

b. Maintain accountability over assets.

c. Demonstrate compliance with laws, regulations, and other compliance requirements.

2. Transactions are executed in compliance with:

a. Laws, regulations, and the provisions of grant agreements that could have a direct and material effect on a Federal program.

b. Any other laws, regulations that are identified in the A-133 Compliance Supplement.

3. Funds, property, and other assets are safeguarded against loss from unauthorized use or disposition.

Also, evaluate incidents of circumventing standard grant management policies and procedures as to frequency and appropriateness.

Identify significant risks associated with the Department's current grant management operating practices.

The vendor will be expected to keep the Director appropriately informed as the projects proceed and to complete the following:

* A preliminary assessment of the risks relevant to the activity to be audited.

* A refinement of the initial audit objectives based on the risk assessment.

* Establish the scope of the audit project.

* An audit program to complete the project.

* Conduct the audit by identifying, analyzing, evaluating, and recording sufficient reliable information to support conclusions reached.

* Write a report on the audit findings to include a background section and an audit results section, including any audit recommendations developed and a section that concisely states the audit objective(s), audit scope, and the audit methodologies used to complete the project.

The Director will present the report to TXDPS management and the Texas Public Safety Commissioners and solicit their responses to any audit recommendations developed.

2. Upon request, provide internal auditing services to include the following in accordance with Chapter 2102 of the Texas Government Code (Internal Auditing) and §§411.241 - 411.243 of the Texas Government Code:

(A) review operations to ensure the operations are conducted efficiently, uniformly, and in compliance with established procedures;

(B) make recommendations for improvements in operational performance;

(D) prevent and detect fraud, waste, and abuse in department programs and operations;

(E) make recommendations about the adequacy and effectiveness of the Department's system of internal control policies and procedures;

(F) advise in the development and evaluation of the department's performance measures;

(G) review actions taken by the department to improve program performance and make recommendations for improvement;

(H) review and make recommendations to TXDPS, so TXDPS can make recommendations to the Public Safety Commission and the legislature regarding rules, laws, and guidelines relating to department programs and operations;

(I) keep TXDPS fully informed of problems in department programs and operations, so TXDPS can inform the Public Safety Commission, the TXDPS director, and the legislature;

(J) coordinate with the TXDPS Project Manager so TXDPS can ensure effective coordination and cooperation among the State Auditor's Office, legislative oversight committees, and other governmental bodies while attempting to avoid duplication; and

(K) any other auditing services authorized by Chapter 2102 of the Texas Government Code, including, but not limited to, assurance services, financial audits, compliance audits, economy and efficiency audits, effectiveness audits, and investigations.

(L) perform a risk assessment, for internal audit planning purposes, to include all Department programs and their auditable units.

TXDPS reserves the right to change the deadlines listed herein.

Although TXDPS intends to make an award to one Respondent pursuant to this Request for Qualifications (RFQ), such contract will be non-exclusive.

In the event of a conflict between this notice and the posting on the Electronic State Business Daily (ESBD), the posting on the ESBD controls.

PROCUREMENT PROCESS

Schedule

The anticipated schedule of events pertaining to this RFQ is as follows:

Posting of the RFQ on the ESBD--February 11, 2009

Texas Register Publication--February 20, 2009

Questions due--February 20, 2009

Official Responses to Questions posted--February 24, 2009

Responses due--March 6, 2009

Contract Execution--March 23, 2009, or as soon thereafter as practical

Inquiries and other Correspondence

Questions concerning this RFQ must be directed in writing only via e-mail to the appropriate TXDPS Point of Contact. Questions regarding the RFQ must clearly identify which section and paragraph of the RFQ is being referenced. Questions received after February 20, 2009 at 3:00 p.m. will not be answered. Verbal inquiries are not acceptable and will receive no response.

Responses to Inquiries and Addenda

Questions and answers from this RFQ will be posted on the Texas Marketplace, ESBD website at http://esbd.cpa.state.tx.us/ as time permits, but no later than February 24, 2009 at 5:00 p.m. When contacting the ESBD, Respondents must search under RFQ #405-HQ9-9053.

TXDPS reserves the right in its sole discretion to amend this RFQ to clarify, revise, supplement or delete any provision or to add new provisions. In the event that a revision of the RFQ becomes necessary, addenda will be posted on the Texas Marketplace, ESBD website at http://esbd.cpa.state.tx.us/. It is the responsibility of Respondents to check this site frequently for amendments and/or addenda to the RFQ.

TXDPS Point of Contact

Any parties interested in obtaining a complete copy of this RFQ should go to the ESBD website at http://esbd.cpa.state.tx.us/ and download it or contact the TXDPS Point of Contact below. Any correspondence regarding procurement issues (including cost, responses, etc.) for this RFQ prior to the award of any contract shall be made to the TXDPS Point of Contact below in writing only via e-mail. Specify "RFQ #405-HQ9-9053" in the subject.

TXDPS Point of Contact: Ray Miller, CTPM, Purchaser IV

TEXAS DEPARTMENT OF PUBLIC SAFETY

Accounting and Budget Control--Purchasing

5805 North Lamar Blvd., MSC 0130

Austin, Texas 78752

Phone: (512) 424-2205

Fax: (512) 424-2546

E-mail: ray.miller@txdps.state.tx.us

Evaluation Criteria and Scoring

Responses will be evaluated under the evaluation criteria outlined in the complete RFQ posted on the ESBD website at http://esbd.cpa.state.tx.us/. TXDPS reserves the right to accept or reject any or all proposals submitted. TXDPS is not obligated to execute a contract on the basis of this notice or the distribution of any RFQ. TXDPS shall not pay for any costs incurred by any entity in responding to this Notice or the RFQ.

TRD-200900550

Stanley E. Clark

Director

Texas Department of Public Safety

Filed: February 11, 2009

Public Utility Commission of Texas

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

On February 2, 2009, VTX Communications, LP filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60820. Applicant intends to reflect a change in corporate restructuring and a name change.

The Application: Application of VTX Communications, LP for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 36662.

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 25, 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 36662.

TRD-200900460

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 6, 2009

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

On February 2, 2009, VTX Telecom, LP filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60482. Applicant intends to reflect a change in corporate restructuring and a name change.

The Application: Application of VTX Telecom, LP for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 36663.

TRD-200900461

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 6, 2009

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

On February 2, 2009, VOIP Telecom Connections, LLC filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60547. Applicant intends to reflect a change in ownership/control and a name change.

The Application: Application of VOIP Telecom Connections, LLC for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 36664.

TRD-200900462

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 6, 2009

Notice of Application to Amend Certificated Service Area Boundaries

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on February 6, 2009, for an amendment to certificated service area boundaries within Zapata County, Texas.

Docket Style and Number: Joint Application of Medina Electric Cooperative, Inc. and AEP Texas Central Company to Amend a Certificate of Convenience and Necessity for Service Area Boundaries within Zapata County. Docket Number 36673.

The Application: The proposed boundary change is for release of territory from AEP Texas Central Company to Medina Electric Cooperative, Inc. so that Medina Electric can serve multiple landowners who desire electric service to be provided to their ranches. Medina Electric's existing facilities are better positioned to provide service at the least cost. AEP Texas Central has provided a letter of concurrence with the application.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than February 27, 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 36673.

TRD-200900538

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 10, 2009

Notice of Application to Amend Certificated Service Area Boundaries in Webb County, Texas

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on February 3, 2009, for an amendment to certificated service area boundaries within Webb County, Texas.

Docket Style and Number: Joint Application of Medina Electric Cooperative, Inc. and AEP Texas Central Company to amend a Certificate of Convenience and Necessity for Service Area Boundaries within Webb County. Docket Number 36667.

The Application: The proposed boundary change is for release of territory from AEP Texas Central Company to Medina Electric Cooperative, Inc. so that Medina can serve a landowner who desires electric service to be provided to a ranch. Medina's existing facilities are better positioned to provide service at the least cost. AEP Texas Central has provided a letter of concurrence with the application.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than February 27, 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 36667.

TRD-200900463

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 6, 2009

The Texas A&M University System

Award Notification

In accordance with the provisions of Texas Government Code, Chapter 2254, The Texas A&M University System has entered into a consulting contract for research consulting services. The consultant will assist with coordination of the development of the Good Manufacturing Practices (GMP) facility and related programs.

The Name and Address of Consultant is as follows: Laurus Partners, LLC, 7001 Preston Road, 5th Floor, Dallas, Texas 75205.

The A&M System will pay an amount of $42,000.00. The contract will begin on February 1, 2009 and shall terminitate in six months unless renewed for additonal months up to January 31, 2011.

If any, the consultant will submit documents, films, recordings, or reports compiled by the consultant under the contract to TAMUS, no later than one year after completion of services.

Any questions regarding this posting should be directed to: Don Barwick, HUB and Procurement Manager, Office of HUB and Procurement Programs, The Texas A&M University System, 200 Technology Way, Ste 1273, College Station, TX 77845, Voice: (979) 458-6410, E-mail: dbarwick@tamu.edu.

TRD-200900506

Don Barwick

HUB and Procurement Manager

The Texas A&M University System

Filed: February 9, 2009

Request for Proposals--Environmental Management System Consulting Services

RFP01 RSK-09-009

The Texas A&M University System (TAMUS) is seeking proposals from interested firms to provide Environmental Management System (EMS) Consulting Services and EMS Implementation Services for TAMUS and for participating TAMUS members under the direction and supervision of The TAMUS Office of Risk Management and Safety.

The RFP documentation may be obtained by contacting: Don Barwick, HUB and Procurement Manager, System Office of HUB and Procurement Programs, The Texas A&M University System, 200 Technology Way, Ste 1273, College Station, Texas 77845 or e-mail at dbarwick@tamu.edu.

The A&M System finds it of utmost importance to effectively plan and begin implementation of an EMS at each part of the A&M System, in accordance with A&M System Policy 24.04 Environment. As an agency of the State of Texas and as the institution chartered to be the teaching, research and extension voice for the environment in our state, it is vital for the A&M System to successfully manage its own environmental affairs and lead the state in environmental stewardship. To be better able to do this, the A&M System and its members must develop and operate environmental management systems that are consistent with accepted national and international standards. A consultant with experience in facilitating EMS planning and development in higher education, government and the private sector will provide such a needed service.

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

Proposals must be received on or before 2:00 p.m. CDT on March 10, 2009.

TRD-200900493

Don Barwick

HUB and Procurement Manager

The Texas A&M University System

Filed: February 9, 2009

Prairie View A&M University

Award of Major Consulting Contract

Prairie View A&M University ("University") entered into a contract for consulting services ("Contract") with PricewaterhouseCoopers LLP ("Consultant") as more particularly described in the Request for Proposal to provide proposals for Consulting Services, published in the December 7, 2007, issue of the Texas Register (32 TexReg 9167).

Project Description:

The selected Consultant will provide services to assist the University in an assessment of its College of Agriculture and Human Science operations ("CAHS"). The Consultant will identify opportunities to improve operating effectiveness and efficiency in non-faculty staff positions and processes; facilitate that salaries of CAHS employees are comparable with their appropriate market, either local or national, depending on the position and labor market; and identify opportunities to improve operating effectiveness and efficiency in grant compliance and reporting activities.

Name and Address of Consultant:

PricewaterhouseCoopers LLP

125 High Street

Boston, MA 02110-1707

Total Value of Contract:

The fees for the engagement will be $371,700

Contract Dates:

The Contract was executed on November 10, 2008. Services began on November 19, 2008. Services are expected to be complete in six to eight weeks. However, the contract will remain in effect until the completion, approval, and acceptance of all services; and the delivery of final payment to the Consultant.

Dates on Which Documents, Films, Recordings, or Reports that Consultant is Required to Present are Due:

Upon completion of project, the Consultant will provide the reports with recommendations on Management Analysis; Compensation Market Assessment; and Grant Administration.

TRD-200900541

W. Kay Peavy

Manager of Procurement and Contracts

Prairie View A&M University

Filed: February 10, 2009