Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval
of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440).
Under federal law, federal agency activities and actions affecting
the Texas coastal zone must be consistent with the CMP goals and policies
identified in 31 TAC Chapter 501. Requests for federal consistency
review were deemed administratively complete for the following project(s)
during the period of July 3, 2009, through July 9, 2009. As required
by federal law, the public is given an opportunity to comment on the
consistency of proposed activities in the coastal zone undertaken
or authorized by federal agencies. Pursuant to 31 TAC §§506.25,
506.32, and 506.41, the public comment period for this activity extends
30 days from the date published on the Coastal Coordination Council
web site. The notice was published on the web site on July 15, 2009.
The public comment period for this project will close at 5:00 p.m.
on August 14, 2009.
FEDERAL AGENCY ACTIONS:
Applicant: Texas Gulf and Harbor, Ltd.; Location:
The project is located in wetlands and uplands adjacent to Corpus
Christi Bay, two miles south of Port Aransas, in Nueces County, Texas.
The project can be located on the U.S.G.S. quadrangle map entitled:
Port Aransas, Texas. Approximate UTM Coordinates in NAD 27 (meters):
Zone 14; Easting: 687358; Northing: 3076258. Project Description:
The proposed project consists of the construction of a 323-lot residential
canal development that includes a marina and access channels that
will connect to the Isla Mooring development to the north and the
proposed Newport Marina development to the south. The project is situated
on an approximate 533-acre tract of land that contains approximately
282 acres of wetlands. The proposed construction will result in the
filling of 1.12 acres of jurisdictional wetlands, the excavation of
15.1 acres of wetlands, and the excavation of 98.1 acres of uplands
for canal and basins. As mitigation the applicant proposes the onsite
construction of 37.8 acres of wetlands and the preservation of 172.3
acres of onsite wetlands. This project was previously noticed on 3
August 2005 under DA permit application 23764 with a similar development
design, but with more wetland impacts. That application was withdrawn
at the applicant's request. CCC Project No.: 09-0197-F1. Type of Application:
U.S.A.C.E. permit application #SWG-2005-00522 is being evaluated under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404
of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency
review for this project may be conducted by the Texas Commission on
Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Spoonbill Bay Development, LP; Location:
The project is located adjacent to West Bay, on a 115.10-acre tract,
north of FM 3005 and about 2.8 miles east of San Luis Pass, near the
Bay Harbor Subdivision, on the west end of Galveston Island, Galveston
County, Texas. The project can be located on the U.S.G.S. quadrangle
map entitled: San Luis Pass, Texas. Approximate UTM Coordinates in
NAD 83 (meters): Zone 15; Easting: 297169; Northing: 3223317. Project
Description: The applicant proposes to place fill into 2.54 acres
of freshwater wetlands and 0.09 acre of tidal wetlands and 9.67 acres
of open water, mechanically excavate 0.38 acre of fresh water wetlands,
0.08 acre of tidal wetlands and 6.54 acres of uplands and hydraulically
dredge 5.77 acres of shallow open water bay bottom during the construction
of 7,688 linear feet of circulating canal system, 5,630 linear feet
of bulkheading, waterfront residential housing lots and associated
infrastructure. The applicant also proposes to fill 9.67 acre of shallow
non-vegetated open water associated with the construction of a beneficial
use shoreline preservation/creation area. The Spoonbill Bay development
proposes to avoid onsite 5.60 acres of freshwater wetlands, 13.67
acres of tidal wetlands, 3.53 acres of sand flats, and 34.68 acres
of uplands. To compensate for unavoidable impacts to jurisdictional
areas, the applicant proposes to create a 32.58-acre Beneficial Use
(BU) of Dredge Material Shoreline Preservation and Marsh Creation
Area. The BU site includes 0.66 acre of geotubes, 6.0 acres of marsh
mounds with planted creation area and 3.01 acres of creation area
along the circulation and entrance portions of the canal system. The
applicant also proposes to establish a conservation easement to permanently
protect the avoided 60.05 acres of wetlands, sandflats and uplands
on both the northern and southern ends of the property from future
development. The conservation easement is broken down into 5.60 acres
of freshwater wetlands, 13.67 acres of estuarine wetlands, 3.53 acres
of sand flats, 34.68 acres of uplands and a 2.57 acre freshwater wetland
creation area. CCC Project No.: 09-0199-F1. Type of Application: U.S.A.C.E.
permit application #SWG-2007-01475 is being evaluated under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404
of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency
review for this project may be conducted by the Texas Commission on
Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Hal Jones Development, LLC; Location:
The project is located on a 121-acre tract of land contiguous with
Aransas Bay, southwest of the intersection of Park Road 13 and East
Main Street, Lamar Subdivision, approximately 10 miles north of Rockport,
in Aransas County, Texas. The project can be located on the U.S.G.S.
quadrangle map titled: St. Charles Bay, Texas. Approximate UTM Coordinates
in NAD 27 (meters): Zone 14; Easting: 698728; Northing: 3113191. Project
Description: The applicant proposes to construct a 188-lot canal subdivision
with boat access to the adjacent bays and the Gulf Intracoastal Canal.
Approximately 540,000 cubic yards of soil would be excavated above
the Annual High Tide line (AHT) to build the canals. Material would
be placed onsite and used as fill and grading material for the development.
Excavation would be accomplished by mechanical means working from
land and Best Management Practices would be used to control sediment
runoff from the excavation site. Approximately 8,455 square feet of
smooth cordgrass wetlands, 4,922.7 square feet of seagrass, 171,812.8
square feet of upper saltmarsh wetlands and 302,746.5 square feet
of upper palustrine wetlands would be filled by this project. Approximately
275,486 square feet of unvegetated bay bottom would be excavated below
the AHT and approximately 22,608.9 square feet of unvegetated area
below the AHT would be filled. Preservation of 9 acres of estuarine
wetlands located onsite and an In-Lieu-Fee proposal are offered as
mitigation for unavoidable impacts to waters of the United States.
CCC Project No.: 09-0200-F1. Type of Application: U.S.A.C.E. permit
application #SWG-2007-00038 is being evaluated under §10 of the
Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404
of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency
review for this project may be conducted by the Texas Commission on
Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Cameron County Regional Mobility Authority;
Location: The project is located along a 3.01-mile
right-of-way (ROW) that extends from the existing State Highway (SH)
550 roadway east of FM 3248 to the proposed intersection with SH 48
on the northeast side of Brownsville, Cameron County, Texas. The project
can be located on the U.S.G.S. quadrangle map titled: East Brownsville,
Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting:
659150; Northing: 2873300. Project Description: The applicant proposes
to fill 16.658 acres of waters of the U.S., including 13.375 acres
of wetlands, for the proposed SH 550 spur. The ROW for this project
would cross one jurisdictional water of the U.S. (Rancho Viejo Floodway),
and five jurisdictional wetlands. As mitigation for project impacts,
the applicant proposes to enter into an agreement with the Port of
Brownsville, which would either assign credits from the mitigation
bank it is in the process of developing, or grant a conservation easement
to the applicant guarantying the preservation of specified wetlands
at a minimum 1:1 ratio to impacts. CCC Project No.: 09-0204-F1. Type
of Application: U.S.A.C.E. permit application #SWG-2009-00258 is being
evaluated under §10 of the Rivers and Harbors Act of 1899 (33
U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).
Note: The consistency review for this project may be conducted by
the Texas Commission on Environmental Quality under §401 of the
Clean Water Act (33 U.S.C.A. §1344).
Applicant: Port of Houston Authority (PHA); Location:
The project is located adjacent to the Bayport Ship Channel and in
Galveston Bay, approximately 30 miles southeast of downtown Houston,
in the City of Pasadena, Harris County, Texas. The project can be
located on the U.S.G.S. quadrangle maps entitled "League City, Texas"
and "Bacliff, Texas". Approximate UTM Coordinates in NAD 27 (meters):
Zone 15; Easting: 305000; Northing: 3277000. Project Description:
The PHA has requested an extension of time and amendment to an existing
permit for the development of a container/cruise ship terminal. The
applicant proposes to extend the term of the existing permit, remove
requirement to use turbidity curtains, remove requirements to monitor
fugitive dust, amend project plans to consolidate the terminal pre-entry
gate and the main entry gate, at the currently permitted main entry
gate location between the sight and sound barrier berm and a portion
of the container yard, and to add Dredge Material Placement Areas
and Beneficial Use areas where new work and/or maintenance-dredged
material from the Bayport project could be placed by hydraulic pipeline
and/or mechanical means. CCC Project No.: 09-0207-F1. Type of Application:
U.S.A.C.E. permit application #SWG-1998-01818 is being evaluated under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404
of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency
review for this project may be conducted by the Texas Commission on
Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Sabine Neches Navigation District; Location:
The proposed project is located within the previously authorized and
built federal project, the Taylor Bayou Outfall Canal seven-gate saltwater
barrier. The saltwater barrier/flood control structure is located
at the intersection of the Taylor Bayou Outfall Canal and Taylor Bayou,
in Jefferson County, Texas. The project can be located on the U.S.G.S.
quadrangle map entitled: Big Hill Bayou, Texas. Approximate UTM Coordinates
in NAD 28 (meters): Zone 15; Easting: 402275; Northing: 3303552. Project
Description: The applicant proposes to expand an existing seven-gate
saltwater barrier/flood control structure by constructing four additional
gates. CCC Project No.: 09-0209-F1. Type of Application: U.S.A.C.E.
permit application #SWG-2008-00756 is being evaluated under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404
of the Clean Water Act (33 U.S.C.A. §1344).
Pursuant to §306(d)(14) of the Coastal Zone Management Act
of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested
parties are invited to submit comments on whether a proposed action
is or is not consistent with the Texas Coastal Management Program
goals and policies and whether the action should be referred to the
Coastal Coordination Council for review.
Further information on the applications listed above, including
a copy the consistency certifications for inspection, may be obtained
from Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination
Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us.
Comments should be sent to Ms. Brooks at the above address or by fax
at (512) 475-0680.
TRD-200902885
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: July 15, 2009
Notice of Contract Amendment
The Texas Treasury Safekeeping Trust Company (Trust Company) announces
the amendment and renewal of the certified public accountant services
contract with Padgett Stratemann & Co., LLP, 515 Congress Avenue,
Suite 1212, Austin, Texas 78701, for an additional one (1) year term.
The contractor provides certified public accounting services to conduct
audits of the Trust Company and certain Trust Company managed funds.
The term of the original contract was July 24, 2008, through May
31, 2009. The amended term of the contract is June 1, 2009, through
August 31, 2010. The Trust Company shall have the right to renew the
contract for one (1) additional one (1) year term.
The total amount of the contract is not to exceed $200,000.00.
The notice of request for proposals (RFP #184b) was published in
the April 25, 2008, issue of the Texas Register (33
TexReg 3458). The notice of award was published in the August 8, 2008,
issue of Texas Register (33 TexReg 6432).
TRD-200902861
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: July 13, 2009
Pursuant to Chapters 403; 2305, §2305.037; and 791, Texas
Government Code, the Comptroller of Public Accounts (Comptroller),
State Energy Conservation Office (SECO) announces its Request for
Proposals (RFP #194d) and invites proposals from qualified, interested
independent school districts (ISD) and campuses to create and install
an innovative renewable energy demonstration project and provide educational
and related services to support the project. The Comptroller reserves
the right to award more than one contract under the RFP. If a contract
award is made under the terms of this RFP, Contractor will be expected
to begin performance of the contract on or about September 1, 2009,
or as soon thereafter as practical.
Contact: Parties interested in submitting a proposal should contact
William Clay Harris, Assistant General Counsel, Contracts, Comptroller
of Public Accounts, in the Issuing Office at: 111 E. 17th St., Room
201, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy
of the RFP. The Comptroller will mail copies of the RFP only to those
parties specifically requesting a copy. The RFP will be available
for pick-up at the above-referenced address on Friday, July 24, 2009,
after 10:00 a.m. Central Zone Time (CZT) and during normal business
hours thereafter. The Comptroller will also make the entire RFP available
electronically on the Electronic State Business Daily (ESBD) at: http://esbd.cpa.state.tx.us
after 10:00 a.m. CZT on Friday, July 24, 2009.
Questions and Non-Mandatory Letters of Intent: All written inquiries,
questions, and Non-mandatory Letters of Intent to propose must be
received at the above-referenced address not later than 2:00 p.m.
CZT on Friday, July 31, 2009. Prospective proposers are encouraged
to fax non-mandatory Letters of Intent and Questions to (512) 463-3669
to ensure timely receipt. Non-mandatory Letters of Intent must be
addressed to William Clay Harris, Assistant General Counsel, Contracts,
and must contain the information as stated in the corresponding Section
of the RFP and be signed by an official of that entity. On or about
Friday, August 7, 2009, the Comptroller expects to post responses
to questions on the ESBD. Late Non-mandatory Letters of Intent and
Questions will not be considered under any circumstances. Respondents
shall be solely responsible for verifying timely receipt of Non-Mandatory
Letters of Intent and Questions in the Issuing Office.
Closing Date: Proposals must be delivered in the Issuing Office
to the attention of the Assistant General Counsel, Contracts, no later
than 2:00 p.m. CZT, on Friday, August 14, 2009. Late Proposals will
not be considered under any circumstances. Respondents shall be solely
responsible for verifying time receipt of Proposals in the Issuing
Office.
Evaluation Criteria: Proposals will be evaluated under the evaluation
criteria outlined in the RFP. The Comptroller will make the final
decision. The Comptroller reserves the right to accept or reject any
or all proposals submitted. The Comptroller is not obligated to execute
a contract on the basis of this notice or the distribution of any
RFP. The Comptroller shall not pay for any costs incurred by any entity
in responding to this Notice or to the RFP.
The anticipated schedule of events pertaining to this solicitation
is as follows: Issuance of RFP - July 24, 2009, after 10:00 a.m. CZT;
Non-Mandatory Letters of Intent and Questions Due - July 31, 2009,
2:00 p.m. CZT; Official Responses to Questions Posted - August 7,
2009; Proposals Due - August 14, 2009, 2:00 p.m. CZT; Contract Execution
- September 1, 2009, or as soon thereafter as practical; Commencement
of Services - September 1, 2009.
TRD-200902884
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: July 15, 2009
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 07/20/09 - 07/26/09 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 07/20/09 - 07/26/09 is 18% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial,
investment, or other similar purpose.
TRD-200902868
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: July 14, 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 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 August 24, 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 August 24, 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: Aztec Cove Property Owners Association, Inc.; DOCKET
NUMBER: 2009-0595-MWD-E; IDENTIFIER: RN101519189; LOCATION: Trinity
County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30
Texas Administrative Code (TAC) §305.125(1), Texas Pollutant
Discharge Elimination System (TPDES) Permit Number WQ0011831001, Effluent
Limitations and Monitoring Requirements Number 2, and the Code, §26.121(a),
by failing to comply with the permitted effluent limitations for total
residual chlorine; PENALTY: $2,740; ENFORCEMENT COORDINATOR: Lanae
Foard, (512) 239-2554; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont,
Texas 77703-1830, (409) 898-3838.
(2) COMPANY: BASF Corporation; DOCKET NUMBER: 2009-0525-AIR-E;
IDENTIFIER: RN100225689; LOCATION: Pasadena, Harris County; TYPE OF
FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §§101.20(1),
116.115(c), and 117.310(c)(1), 40 Code of Federal Regulations (CFR) §60.612(a),
Permit Number 8084A, Special Condition (SC) Number 1, and Texas Health
and Safety Code (THSC), §382.085(b), by failing to comply with
the permitted emission rates for nitrogen oxides (NOx
), carbon monoxide, and volatile organic compounds (VOCs);
PENALTY: $13,300; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452,
(713) 767-3500.
(3) COMPANY: City of Blanco; DOCKET NUMBER: 2009-0655-PWS-E; IDENTIFIER:
RN101389047; LOCATION: Blanco, Blanco County; TYPE OF FACILITY: public
water supply (PWS); RULE VIOLATED: 30 TAC §290.113(f)(4) and
THSC, §341.0315(c), by failing to comply with the maximum contaminant
level (MCL) for total trihalomethanes (TTHM); PENALTY: $397; ENFORCEMENT
COORDINATOR: Chris Keffer, (512) 239-5610; REGIONAL OFFICE: 2800 South
IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.
(4) COMPANY: Ricky G. Bockmon; DOCKET NUMBER: 2009-0957-WOC-E;
IDENTIFIER: RN104466610; LOCATION: Lubbock, Lubbock County; TYPE OF
FACILITY: water licensing; RULE VIOLATED: 30 TAC §30.5(a), by
failing to obtain a required occupational license; PENALTY: $210;
ENFORCEMENT COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE:
5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.
(5) COMPANY: Cory L. Bryant; DOCKET NUMBER: 2009-0960-WOC-E; IDENTIFIER:
RN103220026; LOCATION: Brady, McCulloch County; TYPE OF FACILITY:
water licensing; RULE VIOLATED: 30 TAC §30.5(a), by failing to
obtain a required occupational license; PENALTY: $210; ENFORCEMENT
COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE: 622 South
Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.
(6) COMPANY: Center Convenience, Inc. dba Almeda Food Mart; DOCKET
NUMBER: 2009-0736-PST-E; IDENTIFIER: RN102238565; LOCATION: Houston,
Harris 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:
$3,596; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713)
767-3500.
(7) COMPANY: Chevron Phillips Chemical Company, L.P.; DOCKET NUMBER:
2009-0389-AIR-E; IDENTIFIER: RN100209857; LOCATION: Port Arthur, Jefferson
County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED:
30 TAC §116.115(c), New Source Review (NSR) Permit Number 21101,
SC Number 8, and THSC, §382.085(b), by failing to comply with
permitted emission limits; PENALTY: $7,450; ENFORCEMENT COORDINATOR:
Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 3870 Eastex Freeway,
Beaumont, Texas 77703-1830, (409) 898-3838.
(8) COMPANY: Chevron Phillips Chemical Company, L.P.; DOCKET NUMBER:
2009-0396-AIR-E; IDENTIFIER: RN102320850; LOCATION: Borger, Hutchinson
County; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F)
and (c) and §122.143(4), NSR Permit Number 7719A, SC Number 1,
Federal Operating Permit (FOP) Number O-02165, Special Terms and Conditions
Number 1, and THSC, §382.085(b), by failing to maintain the emissions
limit within the maximum allowable emission rate table; PENALTY: $25,000;
Supplemental Environmental Project (SEP) offset amount of $10,000
applied to Texas Parent Teacher Association - Clean
School Bus Program; ENFORCEMENT COORDINATOR: James Nolan, (512)
239-6634; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933,
(806) 353-9251.
(9) COMPANY: Chevron Phillips Chemical Company, L.P.; DOCKET NUMBER:
2009-0489-AIR-E; IDENTIFIER: RN100209857; LOCATION: Port Arthur, Jefferson
County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED:
30 TAC §116.115(c), Air Permit Number 18568, SC Number 1, and
THSC, §382.085(b), by failing to prevent unauthorized emissions;
and 30 TAC §101.211(b) and THSC, §382.085(b), by failing
to properly report Incident Number 105342; PENALTY: $8,034; ENFORCEMENT
COORDINATOR: Rebecca Johnson, (361) 825-3100; REGIONAL OFFICE: 3870
Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(10) COMPANY: Citgo Refining and Chemicals Company, L.P.; DOCKET
NUMBER: 2009-0340-AIR-E; IDENTIFIER: RN100238799; LOCATION: Corpus
Christi, Nueces County; TYPE OF FACILITY: petroleum refinery; RULE
VIOLATED: 30 TAC §116.115(c), Air Permit Number 8778A and PSD-TX-408M3,
SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized
emissions; and 30 TAC §101.201(b)(1)(G) and (H) and THSC, §382.085(b),
by failing to report all the emissions released during Incident Number
106027; PENALTY: $7,700; ENFORCEMENT COORDINATOR: Rebecca Johnson,
(361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus
Christi, Texas 78412-5839, (361) 825-3100.
(11) COMPANY: ConocoPhillips Company; DOCKET NUMBER: 2009-0301-AIR-E;
IDENTIFIER: RN101619179; LOCATION: Old Ocean, Brazoria County; TYPE
OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.715(c),
Air Permit Number 5290A, SC Number 1, and THSC, §382.085(b),
by failing to prevent unauthorized emissions; PENALTY: $10,000; ENFORCEMENT
COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(12) COMPANY: E. I. du Pont de Nemours and Company; DOCKET NUMBER:
2009-0285-AIR-E; IDENTIFIER: RN100542711; LOCATION: Orange, Orange
County; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F)
and (c) and §122.143(4), Air Permit Numbers 914 and 9176, SC
Number 1, FOP Numbers O-02074 and O-02001, General Terms and Conditions
and SC Numbers 8 and 15, and THSC, §382.085(b), by failing to
prevent unauthorized emissions; and 30 TAC §101.201(a)(1) and §122.143(4),
FOP Number O-02001, SC Number 2F, and THSC, §382.085(b), by failing
to submit an initial report within 24 hours for Incident Number 116375;
PENALTY: $14,178; SEP offset amount of $5,671 applied to Jefferson
County: Retrofit/Replacement of Heavy Equipment and Vehicles with
Alternative Fueled Equipment and Vehicles; ENFORCEMENT COORDINATOR:
Raymond Marlow, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway,
Beaumont, Texas 77703-1452, (409) 898-3838.
(13) COMPANY: Formosa Plastics Corporation, Texas; DOCKET NUMBER:
2009-0216-AIR-E; IDENTIFIER: RN100218973; LOCATION: Point Comfort,
Calhoun County; TYPE OF FACILITY: chemical manufacturing plant; RULE
VIOLATED: 30 TAC §101.20(3) and §116.115(c), Air Permit
Number 7699 and PSD-TX-226M6, SC Number 1, and THSC, §382.085(b),
by failing to prevent unauthorized emissions and by failing to comply
with the 0.98 pounds per hour particulate matter emissions limit;
30 TAC §101.20(3), 40 CFR §61.67(a), and THSC, §382.085(b),
by failing to conduct an initial performance test; 30 TAC §101.20(3)
and §116.115(c), Air Permit Number 19168, SC Number 1, and THSC, §382.085(b),
by failing to prevent unauthorized emissions during Incident Numbers
117332 and 117340; PENALTY: $62,555; SEP offset amount of $25,022
applied to City of Point Comfort-Wastewater Treatment Plant Repair
Assistance; ENFORCEMENT COORDINATOR: Rebecca Johnson, (361) 825-3100;
REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas
78412-5839, (361) 825-3100.
(14) COMPANY: Inverness Forest Improvement District; DOCKET NUMBER:
2009-0538-MWD-E; IDENTIFIER: RN103786737; LOCATION: Harris County;
TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number WQ0010783001, Effluent Limitations and Monitoring
Requirements Number 1, and the Code, §26.121(a), by failing to
comply with the permitted effluent limitations for NOx
; PENALTY: $4,050; ENFORCEMENT COORDINATOR:
Evette Alvarado, (512) 239-2573; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(15) COMPANY: Lake Ridge Water System, L.P. dba Lake Ridge Properties,
Inc.; DOCKET NUMBER: 2007-1944-PWS-E; IDENTIFIER: RN101266948; LOCATION:
Del Rio, Val Verde County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30
TAC §290.46(q)(1), by failing to provide a boil water notice;
and 30 TAC §290.46(d)(2)(A) and THSC, §341.0315(c), by failing
to maintain a free chlorine residual of 0.2 milligram per liter throughout
the distribution system; PENALTY: $374; ENFORCEMENT COORDINATOR: Stephen
Thompson, (512) 239-2558; REGIONAL OFFICE: 707 East Calton Road, Suite
304, Laredo, Texas 78041-3887, (956) 791-6611.
(16) COMPANY: LITTLE STAR, INC. dba T & T Food Mart; DOCKET
NUMBER: 2009-0707-PST-E; IDENTIFIER: RN100884360; LOCATION: Texas
City, Galveston 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:
$3,096; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713)
767-3500.
(17) COMPANY: Juan Michel; DOCKET NUMBER: 2009-0950-WOC-E; IDENTIFIER:
RN103743530; LOCATION: El Paso County; TYPE OF FACILITY: water licensing;
RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required
occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Kirk
Schoppe, (512) 239-0489; REGIONAL OFFICE: 401 East Franklin Avenue,
Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.
(18) COMPANY: Millicrete Ready-Mix, L.P.; DOCKET NUMBER: 2009-0447-AIR-E;
IDENTIFIER: RN104744016; LOCATION: Cleveland, Liberty County; TYPE
OF FACILITY: concrete batch plant; RULE VIOLATED: 30 TAC §116.115(c)
and §116.615(8), Standard Permit Number 76546, SC Number 1(F),
and THSC, §382.085(b), by failing to maintain records of production
rates for each hour of operation for the most recent rolling 24-month
period; 30 TAC §116.115(c) and §116.615(9), Standard Permit
Number 76546, SC Number 3(B)(i) and (iii), and THSC, §382.085(b),
by failing to connect the suction shroud to the fabric or cartridge
filter system during operation, resulting in the failure to meet the
performance standard of no visible emissions exceeding 30 seconds
in a six-minute period; 30 TAC §116.115(c), Standard Permit Number
76546, SC Number 3(E) and (F), and THSC, §382.085(b), by failing
to minimize dust emissions from all roads, traffic areas, and stockpiles;
and 30 TAC §116.115(c), Standard Permit Number 76546, SC Number
6(D)(iii) and (E)(ii), and THSC, §382.085(b), by failing to store
stockpiles which are not in a bunker at least 25 feet from the property
line or within a three-walled bunker which extends at least two feet
above the top of the stockpile; PENALTY: $3,588; ENFORCEMENT COORDINATOR:
Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1452, (713) 767-3500.
(19) COMPANY: Reynolds & Kay, Limited; DOCKET NUMBER: 2009-0161-WQ-E;
IDENTIFIER: RN105396527; LOCATION: Tyler, Smith County; TYPE OF FACILITY:
highway construction site; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Construction General Permit (CGP) Number TXR15IZ34, Part III,
Sections F(6)(a) and (d), and the Code, §26.121(a), by failing
to design and maintain erosion and sediment controls in effective
operating condition and to remove sediment accumulations that escape
the site at a frequency that minimizes off-site impacts, resulting
in an unauthorized discharge; 30 TAC §305.125(1) and TPDES CGP
Number TXR15IZ24, Part III, Section F(2)(a)(iii), by failing to remove
sediment from sediment controls before the design capacity has been
reduced by 50%; and 30 TAC §305.125(1) and TPDES CGP Number TXR15IZ24,
Part III, Section F(5)(a), by failing to minimize vehicles from tracking
sediment off-site; PENALTY: $26,450; SEP offset amount of $13,225
applied to Texas Association of Resource Conservation and Development
Areas, Inc. - Water or Wastewater Treatment Assistance; ENFORCEMENT
COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 2916
Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(20) COMPANY: Rohm and Haas Texas Incorporated; DOCKET NUMBER:
2009-0296-AIR-E; IDENTIFIER: RN100223205; LOCATION: Deer Park, Harris
County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED:
30 TAC §116.115(c) and §122.143(4), Air Permit Number 48921,
SC Number 1, FOP Number O-02232, SC Number 15, and THSC, §382.085(b),
by failing to comply with the 48.8 tons per year VOC; PENALTY: $59,700;
SEP offset amount of $23,880 applied to Houston Regional Monitoring
Corporation - Houston Area Monitoring; ENFORCEMENT COORDINATOR: Rebecca
Johnson, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1452, (713) 767-3500.
(21) COMPANY: Sabine River Authority of Texas; DOCKET NUMBER: 2009-0469-MWD-E;
IDENTIFIER: RN101528420; LOCATION: Orangefield, Orange County; TYPE
OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number WQ0012134001, Effluent Limitations and Monitoring
Requirements Number 1, and the Code, §26.121(a), by failing to
comply with the permitted effluent limits for total suspended solids;
30 TAC §305.125(17) and TPDES Permit Number WQ0012134001, Sludge
Provisions, by failing to timely submit the annual sludge report;
and 30 TAC §305.125(17) and TPDES Permit Number WQ0012134001,
Monitoring and Reporting Requirements Number 1, by failing to timely
submit monthly discharge monitoring reports; PENALTY: $1,514; ENFORCEMENT
COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 3870
Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(22) COMPANY: Sooners Group, L.P.; DOCKET NUMBER: 2009-0321-WQ-E;
IDENTIFIER: RN105577852; LOCATION: Wylie, Collin County; TYPE OF FACILITY:
construction site; RULE VIOLATED: 30 TAC §281.25(a)(4), TPDES
CGP, and 40 CFR §122.26(c), by failing to obtain authorization
to discharge storm water associated with construction activities;
PENALTY: $1,050; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576;
REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(23) COMPANY: City of Strawn; DOCKET NUMBER: 2008-1652-PWS-E; IDENTIFIER:
RN101424968; LOCATION: Strawn, Palo Pinto County; TYPE OF FACILITY:
PWS; RULE VIOLATED: 30 TAC §290.113(f)(5) and THSC, §341.0315(c),
by failing to comply with the MCL for haloacetic acids; and 30 TAC §290.113(f)(4)
and THSC, §341.0315(c), by failing to comply with the MCL for
TTHM; PENALTY: $810; ENFORCEMENT COORDINATOR: Stephen Thompson, (512)
239-2558; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(24) COMPANY: TMT, INC. dba Whip in 112; DOCKET NUMBER: 2009-0436-PST-E;
IDENTIFIER: RN102406337; LOCATION: Sunnyvale, Dallas 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; 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: $4,071; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896;
REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(25) COMPANY: Valero Refining-Texas, L.P.; DOCKET NUMBER: 2009-0448-AIR-E;
IDENTIFIER: RN100238385; LOCATION: Texas City, Galveston County; TYPE
OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.715(a),
Air Permit Number 39142, SC Number 1, and THSC, §382.085(b),
by failing to prevent unauthorized emissions; PENALTY: $10,000; SEP
offset amount of $5,000 applied to Houston-Galveston AERCO's Clean
Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Nadia Hameed,
(713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1452, (713) 767-3500.
TRD-200902869
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 14, 2009
Notice issued July 8, 2009.
TCEQ Internal Control No. 02202009-D02; Manvel Town Center, Ltd.,
Manvel North 40 Acres, Ltd., Manvel South 32 Acres, Ltd., Hemisphere
Holdings, Inc., and JAA Investments, LLC, and Jerry A. Argovitz (collectively,
the "Petitioner") filed a petition for creation of Brazoria County
Municipal Utility District No. 42 (the "District") 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 Chapter 293; and the procedural rules of the TCEQ. The petition
was filed with the county clerk in Brazoria County, pursuant to 30
TAC Section (§) 293.11(d). The petition states the following:
(1) the Petitioner is the owner of a majority in value of the land
to be included in the proposed District; (2) the proposed District
will contain approximately 191.732 acres located in Brazoria County,
Texas; and (3) the proposed District is within the corporate boundaries
and extraterritorial jurisdiction of the City of Manvel, Texas, and
no portion of land within the proposed District is within the corporate
limits or extraterritorial jurisdiction of any other city, town or
village in Texas. The petition indicates that there are five lienholders,
Manvel 6.448 J.V., South Six 8.005 J.V., Arcola 13.435 J.V., Manvel
4.2 J.V., and Bank of the Ozarks, on the property to be included in
the proposed District. The Petitioner has provided the TCEQ with certificates
evidencing the lien holder's consent to the creation of the proposed
District. By Resolution No. 2009-R-1, effective January 26, 2009,
the City of Manvel, Texas, gave its consent to the creation of the
proposed District, pursuant to 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
$22,250,000.
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-200902890
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 15, 2009
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 August 24, 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 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 August 24, 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: CITGO Refining and Chemicals Company, L.P.; DOCKET
NUMBER: 2008-0273-IHW-E; TCEQ ID NUMBER: RN102555166; LOCATION: 1801
Nueces Bay Boulevard, Corpus Christi, Nueces County; TYPE OF FACILITY:
petroleum refinery; RULES VIOLATED: 30 TAC §335.4, by failing
to prevent the unauthorized discharge of industrial solid waste; 30
TAC §335.6, by failing to comply with notification requirements;
30 TAC §335.10(b) and (d)(1), and 40 Code of Federal Regulations
(CFR) §262.20(a) and §262.23(a), by failing to comply with
manifesting requirements; 30 TAC §335.69(a)(1)(A) and §335.112(a)(8),
and 40 CFR §262.34(a)(1)(i) and §265.171, by failing to
maintain a container storing hazardous waste in good condition; and
30 TAC §335.69(a)(1)(A) and §335.112(a)(8) and 40 CFR §262.34(a)(1)(i)
and §265.173(b), by failing to properly manage a hazardous waste
container; and 40 CFR §265.15(d), by failing to maintain weekly
inspections at areas where containers are stored; PENALTY: $23,460;
STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053;
REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive,
Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.
(2) COMPANY: City of Elsa; DOCKET NUMBER: 2008-0915-PWS-E; TCEQ
ID NUMBER: RN101219665; LOCATION: 500 West Fifth Street, Elsa, Hidalgo
County; TYPE OF FACILITY: public water supply system; RULES VIOLATED:
30 TAC §290.110(e)(2) and (5) and §290.111(h)(3) and (11),
by failing to submit surface water monthly operating reports by the
tenth day of the month following the end of the reporting period;
PENALTY: $10,782; STAFF ATTORNEY: Peipey Tang, Litigation Division,
MC 175, (512) 239-0654; REGIONAL OFFICE: Harlingen Regional Office,
1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(3) COMPANY: The City of Roma; DOCKET NUMBER: 2008-0493-MSW-E;
TCEQ ID NUMBER: RN102289873; LOCATION: one mile north of the intersection
of Roma Landfill Road and Farm-to-Market (FM) Road 650, Roma, Starr
County; TYPE OF FACILITY: municipal solid waste landfill; RULES VIOLATED:
30 TAC §330.121(a) and TCEQ Docket Number 2003-0291-MLM-E, Ordering
Provision Number 3.b.iv., by failing to follow permit and incorporated
plans or other related documents associated with the permit, and by
failing to comply with an ordering provision for Docket Number 2003-0291-MLM-E;
30 TAC §330.121(a) and §330.125(a) and Site Operating Plan,
Part IV, Section 2, by failing to maintain all site records at the
facility, including the site operating plan; 30 TAC §330.121(a),
Site Operating Plan, Part IV, Section 5.c, and TCEQ Docket Number
2003-0291-MLM-E, Ordering Provision Number 3.b.ii, by failing to provide
training for appropriate facility personnel and by failing to comply
with an ordering provision for Docket Number 2003-0291-MLM-E; 30 TAC §330.165(a),
by failing to apply at least six inches of daily cover, and 30 TAC §21.4
and TWC, §5.702, by failing to pay Consolidated Water Quality
late fees for TCEQ financial account number 23005018; PENALTY: $27,950;
STAFF ATTORNEY: Tommy Tucker Henson II, Litigation Division, MC 175,
(512) 239-0946; REGIONAL OFFICE: Harlingen Regional Office, 1804 West
Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(4) COMPANY: Derek Broussard dba Broussard Auto Parts & Repair;
DOCKET NUMBER: 2007-0102-MLM-E; TCEQ ID NUMBER: RN100691674; LOCATION:
99 Green Avenue, Orange, Orange County; TYPE OF FACILITY: inactive
auto repair station; RULES VIOLATED: 30 TAC §334.7(d)(3), by
failing to provide an amended registration to the TCEQ for any change
or additional information regarding underground storage tanks (USTs)
within 30 days of the date on which the owner or operator first became
aware of the change or addition; 30 TAC §324.6 and 40 CFR §279.22(b)
and (d), by failing to ensure that containers and aboveground tanks
used to store used oil at the facility are in good condition (no severe
rusting, apparent structural defects or deterioration), and not leaking;
and by failing to upon detection of a release of used oil to the environment,
stop the release, contain the release, properly clean-up and manage
the release, and if necessary, repair/replace any leaking used oil
storage containers prior to returning them to service; and 30 TAC §324.6
and 40 CFR §279.22(c)(1), by failing to properly label or mark
used oil containers with the words "Used Oil"; PENALTY: $3,150; STAFF
ATTORNEY: Peipey Tang, Litigation Division, MC 175, (512) 239-0654;
REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont,
Texas 77703-1830, (409) 898-3838.
(5) COMPANY: Devon Development Corporation; DOCKET NUMBER: 2008-1018-WQ-E;
TCEQ ID NUMBER: RN105232490; LOCATION: Lake Hill Estates, located
west of Lake Weatherford between Westlake Drive and Stage Coach Trail,
Weatherford, Parker County; TYPE OF FACILITY: single-family residential
construction site; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40
CFR §122.26(c), by failing to obtain authorization to discharge
storm water associated with construction activities to waters in the
State and to develop and implement a storm water pollution plan (SWP3);
PENALTY: $1,050; STAFF ATTORNEY: Peipey Tang, Litigation Division,
MC 175, (512) 239-0654; REGIONAL OFFICE: Dallas-Fort Worth Regional
Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: Double Diamond Utilities Company; DOCKET NUMBER: 2008-0036-MLM-E;
TCEQ ID NUMBER: RN102328515, RN102329802, and RN101265213; LOCATION:
Adjacent to Possum Kingdom Lake immediately west of State Highway
16 and south of the Brazos River, Palo Pinto County (Facility 1);
2.5 miles northwest of the intersection of FM Road 933 and FM Road
2604, Hill County (Facility 2); and 160 Cliffs Drive, Graford, Palo
Pinto County (Water System); TYPE OF FACILITY: wastewater treatment
facilities (Facilities 1 and 2) and public water system (Water System);
RULES VIOLATED: 30 TAC §290.46(e)(6)(A) and THSC, §341.033(a),
by failing to employ at least one operator who holds a Class "B" or
higher surface water license; 30 TAC §290.46(f)(3)(D)(ii), by
failing to maintain records of the inspection results for all water
storage and pressure maintenance facilities at the Water System; 30
TAC §290.43(c)(1), by failing to provide an adequate roof vent
on clearwell tank number 2; 30 TAC §290.43(c)(2), by failing
to provide a locked roof hatch on clearwell tank number 1; TWC, §26.121(a),
30 TAC §305.125(1), and Texas Pollutant Discharge Elimination
System (TPDES) Permit Number WQ0002789000, Effluent Limitations and
Monitoring Requirements Number 1 for Outfalls 001 and Numbers 1 and
2 for Outfall 201, by failing to comply with the permitted effluent
limits for Facility 1; 30 TAC §305.125(17) and TPDES Permit Number
WQ0002789000, Monitoring and Reporting Requirements Number 1, by failing
to submit discharge monitoring reports (DMRs) and DMR parameter data
for Facility 1; 30 TAC §305.125(17) and TPDES Permit Number WQ0002789000,
Monitoring and Reporting Requirements Number 1, by filing to submit
DMR parameter data for Facility 1; 30 TAC §305.125(17) and TPDES
Permit Number WQ0002789000, Monitoring and Reporting Requirements
Number 1, by failing to submit DMR parameter data for Facility 1;
TWC, §26.121(a), 30 TAC §305.125(1), and TPDES Permit Number
WQ0013786002, Effluent Limitations and Monitoring Requirements Numbers
1 and 6 for Outfall 001, by failing to comply with the permitted effluent
limits for Facility 2; PENALTY: $20,721; STAFF ATTORNEY: Benjamin
Thompson, Litigation Division, MC 175 (512) 239-1297; REGIONAL OFFICE:
Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800, (Facility 1 and Water System); and
Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas
76710-7826, (254) 751-0335, (Facility 2).
(7) COMPANY: Earth Haulers, Inc.; DOCKET NUMBER: 2007-0471-MSW-E;
TCEQ ID NUMBER: RN100950989; LOCATION: 11500 Mosier Valley Road, Fort
Worth, Tarrant County; TYPE OF FACILITY: sand mining operation; RULES
VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized
disposal of municipal solid waste; PENALTY: $15,300; STAFF ATTORNEY:
James Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL
OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort
Worth, Texas 76118-6951, (817) 588-5800.
(8) COMPANY: Eggemeyer Land Clearing, LLC; DOCKET NUMBER: 2008-1227-MSW-E;
TCEQ ID NUMBER: RN105584809; LOCATION: Pue Road and West United States
(US) Highway 90, San Antonio, Bexar County; TYPE OF FACILITY: mulching
facility; RULES VIOLATED: 30 TAC §328.5(b), by failing to notify
the TCEQ prior to commencement of new operations; 30 TAC §37.921
and §328.5(c) and (d), by failing to submit a written closure
cost estimate to the TCEQ and to obtain and maintain financial assurance
for the closure of a recycling facility that stores combustible materials
outdoors; and 30 TAC §328.5(h), by failing to have a fire prevention
and suppression plan; PENALTY: $3,921; STAFF ATTORNEY: Xavier Guerra,
Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: San
Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480,
(210) 490-3096.
(9) COMPANY: Highland Park Water Supply Corporation; DOCKET NUMBER:
2008-1488-PWS-E; TCEQ ID NUMBER: RN101254407; LOCATION: approximately
one half mile northwest of the intersection of County Roads (CR) 3590
and 3570 on CR 3590, near Valley Mills, Bosque County; TYPE OF FACILITY:
public water supply; RULES VIOLATED: 30 TAC §290.45(b)(1)(C)(i)
and THSC, §341.0315(c), by failing to provide a well capacity
of 0.6 gallons per minute (gpm) per connection; 30 TAC §290.45(b)(1)(C)(iii)
and THSC, §341.0315(c), by failing to provide two or more pumps
having a total capacity of 2.0 gpm per connection at each pump station
or pressure plane; 30 TAC §290.46(n)(3), by failing to maintain
copies of well completion data such as well material setting data,
geological log, scaling information (pressure cementing and surface
protection), disinfection, information, microbiological sample results,
and a chemical analysis report of a representative sample of water
from the well kept on file as long as the well remains in service;
30 TAC §290.46(m)(1)(A), by failing to perform an annual inspection
of the facility's ground storage tank; 30 TAC §290.46(m)(1)(B),
by failing to conduct an annual inspection of the facility's pressure
tank; 30 TAC §290.46(s)(1), by failing to calibrate the facility's
well meter at least once every three years; and 30 TAC §290.46(t),
by failing to maintain a legible sign at each production, treatment
and storage facility that includes the name of the water supply and
an emergency telephone number where a responsible official can be
contacted; PENALTY: $997; STAFF ATTORNEY: Kari Gilbreth, Litigation
Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Waco Regional Office,
6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(10) COMPANY: Jerome Gomer; DOCKET NUMBER: 2009-0145-WQ-E; TCEQ
ID NUMBER: RN105666952; LOCATION: 407 Saint John Avenue, Nolanville,
Bell County; TYPE OF FACILITY: construction site; RULES VIOLATED:
30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to
obtain authorization to discharge storm water associated with construction
activity; PENALTY: $3,000; STAFF ATTORNEY: Sharesa Alexander, Litigation
Division, MC 175, (512) 239-3503; REGIONAL OFFICE: Waco Regional Office,
6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(11) COMPANY: Lewis Blessing, L.P. dba Blessing Mobile Home Park;
DOCKET NUMBER: 2007-0878-PWS-E; TCEQ ID NUMBER: RN102690302; LOCATION:
1102 Martin Avenue, Round Rock, Williamson County; TYPE OF FACILITY:
public water system; RULES VIOLATED: 30 TAC §290.46(j), by failing
to complete a customer service inspection certificate prior to providing
continuous water service to new construction; 30 TAC §290.46(f)(2),
by failing to provide public water system operating records at the
time of the investigation; and 30 TAC §290.46(e), by failing
to ensure that the production, treatment, and distribution facilities
of the public water system are operated at all times under the direct
supervision of a water works operator who holds an applicable, valid
license; PENALTY: $1,656; STAFF ATTORNEY: Mike Fishburn, Litigation
Division, MC 175, (512) 239-0635; REGIONAL OFFICE: Austin Regional
Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas
78704-5712, (512) 339-2929.
(12) COMPANY: Master Medical Equipment, Inc. dba The Living Stone;
DOCKET NUMBER: 2008-0178-WQ-E; TCEQ ID NUMBER: RN100720218; LOCATION:
201 Easy Young Street, Llano, Llano County; TYPE OF FACILITY: stone
yard; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c),
by failing to obtain authorization to discharge storm water associated
with industrial activities to waters in the State; PENALTY: $2,100;
STAFF ATTORNEY: Tammy Mitchell, Litigation Division, MC 175, (512)
239-0736; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate
Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(13) COMPANY: MPR Investments, LLC dba Oak Ridge Square Mobile
Home Park; DOCKET NUMBER: 2004-1188-MWD-E; TCEQ ID NUMBER: RN101613461;
LOCATION: 248 East Bethesda Road, Burleson, Johnson County; TYPE OF
FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1)
and TPDES Permit Number 13376-001, Sludge Provision Number B.1., by
failing to submit the Annual Sludge Report that was due on September
1, 2003; 30 TAC §§305.125(1), (4), and (5), 317.4(d) and
(g), and 317.6(b)(1), TPDES Permit Number 13376-001, Operational Requirements
Number 1, Permit Conditions Numbers 2(g), Effluent Limitations and
Monitoring Requirements Numbers 1, 2, and 6, and TWC, §26.121(a),
by failing to maintain operation of the facility treatment units to
adequately treat wastewater, by failing to adequately maintain the
facility pump/blower, clarifier, and chlorine contact chamber to obtain
adequate wastewater treatment, by failing to prevent the unauthorized
discharge of inadequately treated wastewater, and by failing to comply
with permitted effluent limits; 30 TAC §305.125(9) and §319(d),
TPDES Permit Number 13376-001, Monitoring and Reporting Requirements
Numbers 1, 7(a) and 7(b)(i), by failing to submit noncompliance notification
for the unauthorized discharge of inadequately treated wastewater
and the upset condition of the facility, and by failing to submit
monthly DMRs as required; 30 TAC §305.125(1) and §319.7(a),
TPDES Permit Number 13376-001, Monitoring and Reporting Requirements
Number 3(b) and Operations Requirements Number 1, by failing to maintain
sampling records, and operation and maintenance records on site, and
30 TAC §21.3(b)(1) and §290.51(a)(3) and TWC, §5.702,
by failing to pay the assessed Consolidated Water Quality late fees
for Fiscal Year 2005 for Account Number 23003917, and by failing to
pay the assessed Public Health Service fee and associated late fees
for Fiscal Year 2002 - 2004 for Account Number 90200183; PENALTY:
$14,650; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13,
(210) 403-4016; REGIONAL OFFICE: Dallas-Fort Worth Regional Office,
2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(14) COMPANY: Petroleum Wholesale, L.P. dba Sunmart 168; DOCKET
NUMBER: 2008-0503-PST-E; TCEQ ID NUMBER: RN102009602; LOCATION: 3800
North Interstate 35, Georgetown, Williamson County; TYPE OF FACILITY:
convenience store with retail sales of gasoline; RULES VIOLATED: 30
TAC §334.51(b)(2)(C) and TWC, §26.3475(c)(2), by failing
to equip the UST system with overfill prevention equipment; 30 TAC §334.48(c),
by failing to conduct effective manual or automatic inventory control
procedures for the UST system; 30 TAC §334.7(d)(3), by failing
to provide an amended registration for any change or additional information
regarding the UST system within 30 days from the date of occurrence
of the change or addition; 30 TAC §334.45(c)(3)(A), by failing
to install and maintain a secure anchor at the base of each emergency
shutoff valve in the piping system in which regulated substances are
conveyed to an aboveground dispensing unit; and 30 TAC §334.72,
by failing to report a suspected release to the TCEQ within 24 hours
of discovery; PENALTY: $6,600; STAFF ATTORNEY: Benjamin Thompson,
Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Austin
Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin,
Texas 78704-5712, (512) 339-2929.
(15) COMPANY: Petroleum Wholesale, L.P. dba Sunmart 443; DOCKET
NUMBER: 2008-0512-PST-E; TCEQ ID NUMBER: RN102050507; LOCATION: 10841
Bissonnet Street, Houston, Harris County; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.242(3)
and Texas Health and Safety Code (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; PENALTY: $2,375;
STAFF ATTORNEY: Peipey Tang, Litigation Division, MC 175, (512) 239-0654;
REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite
H, Houston, Texas 77023, (713) 767-3500.
(16) COMPANY: Ray Carpenter dba Carpenter Dirt Work; DOCKET NUMBER:
2007-1807-MLM-E; TCEQ ID NUMBER: RN105114946; LOCATION: 3005 Central
Texas Expressway, Lampasas, Lampasas County; TYPE OF FACILITY: composting
facility; RULES VIOLATED: 30 TAC §328.5(h), by failing to have
a fire prevention and suppression plan; 30 TAC §328.5(d), by
failing to establish and maintain financial assurance for the closure
of a composting facility that stores combustible materials outdoors;
and 30 TAC §330.303(a) and TWC, §26.121(a)(1), by failing
to prevent the discharge of wastewater into or adjacent to water in
the State without authorization from the commission; PENALTY: $4,182;
STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210)
403-4016; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue,
2500, Waco, Texas 76710-7826, (254) 751-0335.
(17) COMPANY: River Bend Water Services, Inc.; DOCKET NUMBER: 2009-0355-PWS-E;
TCEQ ID NUMBER: RN102681467; LOCATION: two miles south of the Intracoastal
Waterway, Matagorda, Matagorda County; TYPE OF FACILITY: public water
supply; RULES VIOLATED: 30 TAC §290.113(f)(5) and THSC, §341.0315(c),
by failing to comply with the maximum contaminant level (MCL) of 0.060
milligram per liter (mg/L) for haloacetic acids, based on a running
annual average; and 30 TAC §290.113(f)(4) and THSC, §341.0315(c),
by failing to comply with the MCL of 0.080 mg/L for total trihalomethanes,
based on a running annual average; PENALTY: $645; STAFF ATTORNEY:
Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL
OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston,
Texas 77023, (713) 767-3500.
(18) COMPANY: Rupaul Mini Mart, Inc. dba All Seasons Food Store;
DOCKET NUMBER: 2008-1844-PST-E; TCEQ ID NUMBER: RN102247459; LOCATION:
5700 Gessner Drive, Houston, Harris County; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.72,
by failing to report a suspected release to the TCEQ within 24 hours
of the discovery; and 30 TAC §334.74, by failing to investigate
a suspected release within 30 days of discovery; PENALTY: $11,320;
STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053;
REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite
H, Houston, Texas 77023, (713) 767-3500.
(19) COMPANY: Samuel Fachorn; DOCKET NUMBER: 2008-0578-MLM-E; TCEQ
ID NUMBER: RN105370001; LOCATION: 2877 CR 216, Burleson County; TYPE
OF FACILITY: property; RULES VIOLATED: 30 TAC §111.201 and THSC, §382.085(b),
by failing to comply with the general prohibition of outdoor burning
within the state of Texas; and 30 TAC §330.15(c), by failing
to comply with the general prohibition of dumping or disposal of municipal
solid waste within the state of Texas; PENALTY: $3,142; STAFF ATTORNEY:
Tommy Tucker Henson II, Litigation Division, MC 175, (512) 239-0946;
REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500,
Waco, Texas 76710-7826, (254) 751-0335.
(20) COMPANY: TCS Number 1 Management Company, L.L.C. dba Texas
Country Store 1; DOCKET NUMBER: 2008-1327-PST-E; TCEQ ID NUMBER: RN102791191;
LOCATION: 3701 North 16th Street, Orange, Orange County; TYPE OF FACILITY:
convenience store with retail sales of gasoline; RULES VIOLATED: 30
TAC §334.74(2)(A) and §334.77(a)(3), and (4), by failing
to conduct initial abatement measures and site check of contaminated
soil in the excavated zone resulting from a prior confirmed release;
PENALTY: $7,650; STAFF ATTORNEY: Phillip Goodwin, Litigation Division,
MC 175, (512) 239-0675; REGIONAL OFFICE: Beaumont Regional Office,
3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
TRD-200902873
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 14, 2009
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 August 24, 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.
A copy of each proposed DO is available for public inspection at
both the commission's central office, located at 12100 Park 35 Circle,
Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at
the applicable regional office listed as follows. Written comments
about the DO should be sent to the attorney designated for the DO
at the commission's central office at P.O. Box 13087, MC 175, Austin,
Texas 78711-3087 and must be received by 5:00
p.m. on August 24, 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: Donna Stewart; DOCKET NUMBER: 2008-1257-PWS-E; TCEQ
ID NUMBER: RN101194447; LOCATION: 20 Timber Ridge Drive, Atlanta,
Cass County; TYPE OF FACILITY: public water system; RULES VIOLATED:
30 TAC §290.109(f)(3) and §290.122(b)(2) and Texas Health
and Safety Code (THSC), §341.031(a), by failing to comply with
the maximum contaminants level (MCL) for coliform and failing to provide
public notice for exceeding the MCL for total coliform for the month
of October 2007; 30 TAC §290.109(c) and §290.122(b)(2),
by failing to collect a set of samples within 24 hours of being notified
of a total coliform-positive sample result and by failing to provide
public notice of the failure to collect repeat samples for the months
of August and October 2007; and 30 TAC §290.109(c)(2)(F) and §290.122(b)(2),
by failing to collect five routine distribution samples during the
month following a total coliform-positive sample result and by failing
to provide public notice of the failure to collect the appropriate
number of samples the months of September and November 2007; PENALTY:
$2,515; STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175,
(512) 239-2053; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague
Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(2) COMPANY: Elvi Lorena Hilton dba Mockingbird Cleaners; DOCKET
NUMBER: 2008-0198-DCL-E; TCEQ ID NUMBER: RN104992896; LOCATION: 5555
East Mockingbird Lane, Dallas, Dallas County; TYPE OF FACILITY: dry
cleaner drop station; RULES VIOLATED: 30 TAC §337.10(a), THSC, §374.102(a),
and Default Order Docket Number 2006-0998-DCL-E, Ordering Provision
2.a., by failing to register the facility with the TCEQ by completing
and submitting the required registration form to TCEQ for a dry cleaning
drop station facility; PENALTY: $1,825; 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) 588-580.
TRD-200902874
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 14, 2009
Proposed Permit No. 2361
APPLICATION. Micro Dirt, Inc. d.b.a. Texas Organic Recovery, 15500
Goforth Road, Creedmoor, Travis County, Texas 78610, has applied to
the Texas Commission on Environmental Quality (TCEQ) for a new Type
V permit. The applicant is requesting a permit in order to provide
for the storage, processing, and disposal activities associated with
the processing of grease trap waste and the composting of grease trap
waste, septage, and municipal sewage sludge with positively sorted
paper, cardboard, yard trimmings, wood and vegetative food matter.
The facility is located at 15500 Goforth Road, Creedmoor, Travis County,
Texas 78610. The TCEQ received the application on May 13, 2009. The
permit application is available for viewing and copying at the City
of Creedmoor, City Hall, 12405 FM 1625, Creedmoor, Travis County,
Texas 78610.
ADDITIONAL NOTICE. TCEQ's Executive Director has determined the
application is administratively complete and will conduct a technical
review of the application. After technical review of the application
is complete, the Executive Director may prepare a draft permit and
will issue a preliminary decision on the application. Notice of the
Application and Preliminary Decision will be published and mailed
to those who are on the county-wide mailing list and to those who
are on the mailing list for this application. That notice will contain
the deadline for submitting public comments.
PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments or
request a public meeting on this application. The purpose of a public
meeting is to provide the opportunity to submit comments or to ask
questions about the application. TCEQ will hold a public meeting if
the Executive Director determines that there is a significant degree
of public interest in the application or if requested by a local legislator.
A public meeting is not a contested case hearing.
OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for
submitting public comments, the Executive Director will consider all
timely comments and prepare a response to all relevant and material
or significant public comments. Unless the application is directly
referred for a contested case hearing, the response to comments, and
the Executive Director's decision on the application, will be mailed
to everyone who submitted public comments and to those persons who
are on the mailing list for this application. If comments are received,
the mailing will also provide instructions for requesting reconsideration
of the Executive Director's decision and for requesting a contested
case hearing. A person who may be affected by the facility is entitled
to request a contested case hearing from the commission. A contested
case hearing is a legal proceeding similar to a civil trial in state
district court.
TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING
ITEMS IN YOUR REQUEST: your name, address, phone number; applicant's
name and permit number; the location and distance of your property/activities
relative to the facility; a specific description of how you would
be adversely affected by the facility in a way not common to the general
public; and, the statement "[I/we] request a contested case hearing."
If the request for contested case hearing is filed on behalf of a
group or association, the request must designate the group's representative
for receiving future correspondence; identify an individual member
of the group who would be adversely affected by the facility or activity;
provide the information discussed above regarding the affected member's
location and distance from the facility or activity; explain how and
why the member would be affected; and explain how the interests the
group seeks to protect are relevant to the group's purpose. Following
the close of all applicable comment and request periods, the Executive
Director will forward the application and any requests for reconsideration
or for a contested case hearing to the TCEQ Commissioners for their
consideration at a scheduled Commission meeting.
The Commission will only grant a contested case hearing on disputed
issues of fact that are relevant and material to the Commission's
decision on the application. Further, the Commission will only grant
a hearing on issues that were raised in timely filed comments that
were not subsequently withdrawn.
MAILING LIST. If you submit public comments, a request for a contested
case hearing or a reconsideration of the Executive Director's decision,
you will be added to the mailing list for this specific application
to receive future public notices mailed by the Office of the Chief
Clerk. In addition, you may request to be placed on: (1) the permanent
mailing list for a specific applicant name and permit number; and/or
(2) the mailing list for a specific county. If you wish to be placed
on the permanent and/or the county mailing list, clearly specify which
list(s) and send your request to TCEQ Office of the Chief Clerk at
the address below.
AGENCY CONTACTS AND INFORMATION. All written public comments and
requests must be submitted to the Office of the Chief Clerk, MC 105,
TCEQ, P.O. Box 13087, Austin, TX 78711-3087 or electronically at www.tceq.state.tx.us/about/comments.html.
If you need more information about this permit application or the
permitting process, please call TCEQ Office of Public Assistance,
Toll Free, at 1-800-687-4040. Si desea información en Español,
puede llamar al 1-800-687-4040. General information about TCEQ can
be found at our web site at www.tceq.state.tx.us. Further information
may also be obtained from Micro Dirt, Inc. d.b.a. Texas Organic Recovery
at the address stated above or by calling Mr. Robert H. Thonhoff,
Jr., P.E. at (512) 328-6736.
TRD-200902889
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 15, 2009
COMMISSION'S RESPONSE TO PUBLIC COMMENT
The executive director (ED) of the Texas Commission on Environmental
Quality (TCEQ or commission) files this Response to Public Comment
(Response) on Concentrated Animal Feeding Operation (CAFO) General
Permit Number TXG920000. As required by Texas Water Code (TWC), §26.040(d)
and Title 30 Texas Administrative Code (30 TAC) §205.3(e), before
a general permit is issued, the ED prepares a response to all timely
comments. The Response must be made available to the public and filed
with the TCEQ, Office of the Chief Clerk, at least ten days before
the commission considers the approval of the general permit. This
response addresses all timely received public comments, whether or
not withdrawn.
The Office of Chief Clerk received timely comment letters from:
Texas Association of Dairyman (TAD), Texas Cattle Feeders Association
(TCFA), Texas Farm Bureau (TFB), Texas Pork Producers Association
(TPPA), Texas Poultry Federation (TPF), Enviro-Ag Engineering (EAE),
Upper Colorado River Authority (UCRA), Mr. Lloyd Crownover, U.S. Department
of Agriculture-Natural Resources Conservation Service (NRCS), and
U.S. Department of Interior-Fish and Wildlife Service (USFWS).
BACKGROUND
Permit Description
This permit action amends and reissues General Permit Number TXG920000.
This general permit authorizes the discharge of manure, sludge, and
wastewater from CAFOs under specific circumstances into and adjacent
to water in the state. The general permit is applicable to Texas Pollutant
Discharge Elimination System (TPDES) and State-only CAFOs statewide,
including certain CAFOs in the dairy outreach program area (DOPA).
The permit specifies the facilities that may be authorized under this
general permit and those which must obtain other authorization.
Authorization under this general permit complies with the TPDES
requirements in accordance with the Memorandum of Agreement (MOA)
between the U.S. Environmental Protection Agency (EPA) and TCEQ dated
September 14, 1998, for the delegation of the National Pollutant Discharge
Elimination System (NPDES) program.
Procedural Background
The Notice of availability was published on January 29, 2009, in
the Amarillo Globe News, Comanche Chief,
Hamilton Herald News, Nacogdoches Daily Sentinel, and
Stephenville Empire-Tribune, on January
31, 2009, in the Dallas Morning News and
Gatesville Messenger, and on February 6,
2009, in the Texas Register. In addition,
a public meeting was held on March 17, 2009 and public comments were
accepted. The comment period ended on March 17, 2009.
Comments and responses are organized by section with general comments
first. Some comments resulted in changes to the general permit. The
comments resulting in changes are identified in the respective responses.
All other comment resulted in no changes.
COMMENTS AND RESPONSES
General Comments
COMMENT 1:
UCRA states that even a minor amendment to the general conditions,
such as the addition of monitoring requirements, results in an applicant
being faced with restarting the permitting process from the beginning
in seeking an individual permit. UCRA suggests that a mechanism in
the existing rules might be considered to allow an expedited transition
from the general permit process to the individual permit process.
RESPONSE 1:
If a facility is required to obtain an individual permit, a permit
application must be submitted and processed according to the requirements
in 30 TAC Chapters 39, 50, 55, and 305. The public participation component
of these rules is in compliance with the procedural requirements adopted
pursuant to House Bill 801, 76th Legislature, 1999, and those requirements
may not be waived to expedite obtaining an individual CAFO permit.
COMMENT 2:
Mr. Crownover comments that surface water runoff from dairies passes
through his property and into Palo Duro Creek. He is concerned about
surface water contamination and the safety of local drinking water.
RESPONSE 2:
The general permit contains numerous provisions designed to protect
surface water. These protective measures apply to both the production
area where the animals are confined and the land application areas
where manure, sludge, and wastewater are land applied.
The general permit does not allow the discharge of manure, sludge,
or wastewater from a CAFO into or adjacent to surface water in the
state, except when chronic or catastrophic rainfall, or catastrophic
conditions cause an overflow from a retention control structure (RCS)
that has been properly designed, constructed, operated, and maintained.
Any swine, veal, or poultry CAFO subject to the new source performance
standards in 40 Code of Federal Regulations (CFR) §412.46 must
have an RCS designed and constructed to meet or exceed the capacity
required to contain runoff and direct precipitation from the 100-year,
24-hour rainfall event. Any other CAFOs must have an RCS designed
and constructed to meet or exceed the capacity required to contain
the runoff and direct precipitation from the 25-year, 24-hour rainfall
event.
Manure, sludge, and wastewater generated by a CAFO must be retained
and used in an appropriate and beneficial manner as provided in this
general permit and the TCEQ rules. Discharges of wastewater from irrigation
areas are prohibited. However, precipitation-related runoff from application
areas is allowed by the permit, when consistent with a nutrient management
plan (NMP). Land application of manure, sludge, and wastewater must
ensure the beneficial use of nutrients by the cover crop, based upon
the agronomic rate, and must be based on the total nutrient concentration
on a dry weight basis. Vegetative buffer strips shall be maintained
between land application areas and water in the state. The minimum
buffer must be no less than 100 feet of vegetation, unless wastewater
irrigation is applied by low-pressure, low-profile center pivot irrigation
systems in areas of the state where the annual average rainfall is
less than 25 inches per year. Land application of manure, sludge,
and wastewater into surface water in the state is an unauthorized
discharge and is prohibited.
COMMENT 3:
Mr. Crownover comments that the area surrounding his property near
Stratford, Texas is overstocked already and that no more dairies or
feedlots should be allowed.
RESPONSE 3:
The TCEQ's jurisdiction is established by the legislature and is
limited to the issues set forth in statute. Accordingly, the TCEQ
does not consider CAFO density within a given area; when considering
whether to issue a CAFO authorization under the general permit nor
can the TCEQ prohibit owners and operators from seeking authorization
to operate a CAFO.
COMMENT 4:
USFWS has concerns about the impact of CAFOs and their associated
discharges on threatened or endangered species, which may occur adjacent
to, and in particular to aquatic species that occur downstream from
these facilities. USFWS is also concerned about the impact of CAFOs
on USFWS trust lands, such as Buffalo Lake National Wildlife Refuge.
USFWS is also concerned about the impacts that pharmaceuticals, such
as growth hormones, used on CAFOs could have on threatened or endangered
species and USFWS trust lands. USFWS requested a meeting with TCEQ
to discuss this issue and best management practices.
RESPONSE 4:
The ED met with USFWS representatives on April 8, 2009. During
the meeting, the items in the remainder of this response were discussed.
The EPA is required to adopt regulations in compliance with the
Clean Water Act (CWA) and the Endangered Species Act (ESA). By adopting
the CAFO rules under 40 CFR Chapter 122 and Chapter 412, EPA acknowledges
that the rules comply with both acts. TCEQ has complied with the MOA
with EPA by incorporating 40 CFR Chapter 122 and Chapter 412 into
the TCEQ rules and the general permit, and therefore, meeting the
requirements of the ESA.
The Texas Surface Water Quality Standards are rules that designate
the suitable uses or purposes of the state's water bodies; establish
numerical and narrative goals for water quality throughout the state;
and provide a basis for TCEQ regulatory programs that can establish
reasonable methods to implement and attain the state's goals for water
quality. Designated uses include aquatic life use, contact recreation,
public water supply, and fish consumption. Texas Surface Water Quality
Standards are approved by EPA. The state produces a periodic report,
the Texas Water Quality Inventory and 303(d) List,
which is an overview of the water quality conditions
in comparison to established standards, including concerns for public
health, fitness for use by aquatic species and other wildlife, and
specific pollutants and their possible sources. This document is also
approved by EPA. When water quality standards are met, aquatic life
is protected. When water quality standards are not met, TCEQ will
typically develop a Total Maximum Daily Load (TMDL), which determines
the maximum loading of a given pollutant that a waterbody can assimilate
while still meeting water quality standards. EPA rules do not establish
water quality standards for pharmaceuticals or water quality based
effluent limitations related to discharge of pharmaceuticals by CAFOs.
Additionally, the best management practices (BMPs) proposed by USFWS
have not been evaluated for effectiveness at reducing pharmaceuticals
in CAFO discharges or storm water runoff from land application areas.
In the 2003 rulemaking, EPA addressed nutrient impacts to waters
of the United States from CAFOs by requiring all CAFOs to develop
and implement an NMP. The NMP requirements in the general permit exceeded
the 2003 EPA requirements until December 2008, at which time EPA adopted
NMP requirements similar to those already established in Texas.
The general permit does not authorize discharges into or adjacent
to water in the state, except under chronic or catastrophic rainfall
and catastrophic conditions from properly designed, constructed, operated,
and maintained RCSs. The design, construction, operation, and maintenance
requirements are equivalent to or more stringent than EPA rules (designed
by a licensed Texas Professional Engineer, water balance, embankment,
and liner). Unauthorized discharges are subject to enforcement action.
The general permit requires soil samples to be collected annually
from 0 - 6 inches and 6 - 24 inches. The 0 - 6 inch sample is used
to determine the appropriate application rate. The 6 - 24 inch soil
sample is used to identify potential impacts during permit actions.
The general permit requires that each RCS be adequately lined to
prevent impacts to groundwater from contaminated wastewater. Liners
must be designed and constructed to have hydraulic conductivities
no greater than 1 x 10-7 centimeters
per second (cm/sec), with a thickness of 18 inches or its equivalency
in other materials, and not to exceed a specific discharge through
the liner of 1.1 x 10-6 cm/sec with the
water level at spillway depth.
CAFOs may or may not be the only source of nutrients impacting
Buffalo Lake. Non-point sources can contribute to increased nutrient
levels in a water body. Buffalo Lake and the watershed upstream from
Buffalo Lake are not currently being sampled to determine compliance
with water quality standards due to the lack of flow. However, Upper
Prairie Dog Town Fork Red River, Segment 0229, which is described
as from a point 100 meters upstream of the confluence of Salt Fork
Creek in Armstrong County to Lake Tanglewood Dam in Randall County,
is sampled. The current CWA §303(d) list identifies a portion
of segment 0229 (Palo Duro Canyon State Park upstream boundary to
upper end of segment at Tanglewood Dam) as being impaired for pH.
The segment is not impaired for bacteria or nutrients.
The general permit requires new and significantly expanding CAFOs
to publish notice of the ED's preliminary determination on the Notice
of Intent (NOI) and technical application at least once in a newspaper
of general circulation in the county in which the CAFO is located
or proposed to be located. This notice must provide opportunity for
the public to submit comments on the NOI and ED's technical summary.
In addition, the notice allows the public to request a public meeting
on a new CAFO, which will be held if there is significant public interest.
The public comment period begins on the first date the notice is published
and ends 30 days later, unless a public meeting is held. The public
and USFWS may submit written comments to the TCEQ during the comment
period. The ED, after considering public comment, will approve or
deny the NOI based on whether the NOI and technical application meet
the requirements of this general permit.
Based on the items, the general permit should be protective of
threatened and endangered species and USFWS trust lands, such as Buffalo
Lake National Wildlife Refuge.
Part I. Definitions
COMMENT 5:
NRCS recommends adding a definition for "buffer" and "setback"
because the current regulations do not clearly distinguish between
buffers and setbacks. This causes some confusion, especially where
land application is concerned. NRCS recommends revising Part III.A.4.(c)(1),
(2) and (5) to substitute the term "setback" or "setback zones" everywhere
the term "buffer" is mentioned to avoid confusion between the two.
RESPONSE 5:
The terminology used in the general permit to protect wells and
waters in the state contain adequate descriptions, so additional definitions
are not needed. The term used to identify how far land application
areas have to be from water in the state is called the "vegetative
buffer zone." The term used in the general permit to identify how
far land application areas, pens, and RCSs have to be from water wells
is called the "buffer zone." The buffer zone areas do not have to
be vegetated.
COMMENT 6:
NRCS requests clarification on why chronic or catastrophic rainfall
events are not included in the definition of catastrophic conditions.
RESPONSE 6:
The general permit defines chronic or catastrophic rainfall event
as: "a series of rainfall events that do not provide opportunity for
dewatering a retention control structure and that are equivalent to
or greater than the design rainfall event or any single rainfall event
that is equivalent to or greater than the design rainfall event."
Catastrophic conditions are: "conditions which cause structural or
mechanical damage to the AFO from natural events including high winds,
tornados, hurricanes, or other natural disasters, other than rainfall
events."
The definition of catastrophic conditions excludes rainfall events
as catastrophic conditions because the general permit requires RCSs
to be designed to contain the runoff and direct precipitation from
the design rainfall event. If "other than chronic or catastrophic
rainfall events" were added to the definition of catastrophic conditions,
rainfall events smaller than the designed rainfall event would meet
the definition of catastrophic conditions and would be authorized
discharges. This would not meet the effluent limitations established
by 40 CFR Chapter 412.
COMMENT 7:
TAD, TCFA, TFB, TPPA, and TPF recommend that TCEQ recognize that
Certified Crop Advisors serve an integral role in the crop and nutrient
management at many CAFOs. They recommend that Certified Crop Advisors
be added to the definition of "Certified Nutrient Management Specialists."
RESPONSE 7:
Certified Crop Advisors have a much broader area of expertise,
which may or may not include nutrient management. For example, some
Certified Crop Advisors specialize in pest management and have limited
knowledge of nutrient management. To become a Certified Nutrient Management
Specialist, a person is required to take a course in nutrient management
and pass a written test to demonstrate their knowledge and skills
related to nutrient management. Requiring a Certified Nutrient Management
Specialist to certify NMPs and nutrient utilization plans (NUPs) ensures
that an individual is very knowledgeable in nutrient management practices.
COMMENT 8:
NRCS recommends that the definition of "liner" be modified to reflect
the difference between an RCS constructed with a liner and one constructed
using in-situ material.
RESPONSE 8:
The definition of liner in the general permit is worded so that
it applies to in-situ material, a constructed liner, and geosynthetic
liners. The requested change is not necessary.
COMMENT 9:
NRCS recommends revising the definition of "nutrient management
plans" because the definition needs to include NRCS Practice Standard
Code 633 (Waste Utilization) since it works together with NRCS Practice
Standard Code 590. NRCS also recommends specifying Texas Standards,
which differ from national standards.
RESPONSE 9:
The requirements in NRCS Practice Standard Code 633 are similar
to many of the requirements of the general permit. By complying with
the requirements of the general permit, a facility meets many of the
requirements in NRCS Practice Standard Code 633.
COMMENT 10:
NRCS and EAE recommend revising the definition of "nutrient utilization
plan." EAE recommends that the definition of NUP be revised to match
Part III.A.13. NRCS recommends the following language:
Nutrient Utilization Plan (NUP) - A nutrient management plan specific
to Land Management Units with excessive soil test phosphorus levels.
Organic and inorganic phosphorus and nitrogen application rates are
based on the amounts removed by harvested crops rather than land grant
university approved nutrient recommendations.
RESPONSE 10:
To maintain consistency within the rules, the requested change
was not made.
COMMENT 11:
NRCS comments that the current definition of the 100-year floodplain
does not reflect that flooding must be from a water source.
RESPONSE 11:
It is commonly known that floods are caused by the inundation of
water. The requested change is not necessary.
COMMENT 12:
NRCS recommends adding a definition for phosphorus index because
the Texas Nutrient Management Standard uses the Phosphorus Index as
the principal tool to determine the amount of agricultural waste that
can be applied to the land.
RESPONSE 12:
The term phosphorus index is used only once in the general permit.
The commission declines to add a definition of phosphorus index, but
in response to the comment agrees to add the following sentence to
Part III.A.11(e)(3)(a): "The phosphorus index rating must be calculated
using the NRCS Phosphorus Assessment Tool for Texas, Agronomy Technical
Note Number 15, as amended."
COMMENT 13:
EAE states that the definition of "significant expansion" is confusing
and recommends that the phrase "any change" needs to be reworded to
indicate that once the 50% increase in waste production is exceeded,
then it qualifies as a significant expansion. Another alternative
would be to make this clear in the definition of "notice of change"
(NOC).
RESPONSE 13:
Significant expansions are subject to the public participation
process as outlined in Part II.C.2. of the general permit, whereas
NOCs are not subject to public participation. Part (a) allows facilities
to increase waste production up to 50% of the initial authorization
through the NOC process; only requiring public participation for increases
above 50%. Part (b) requires any change that increases waste production
after five years from the date of authorization for a facility to
be subject to the public participation requirements for significant
expansions, regardless of whether the facility has utilized the 50%
increase allowed through the NOC process in Part (a).
Rather than make this time limit retroactive for facilities authorized
prior to the effective date of the general permit, (b)(2) gives these
facilities a deadline of July 20, 2014, to utilize the NOC process
to increase waste production up to 50% of the initial authorization
in accordance with Part (a) of the definition, if they have not done
so already.
COMMENT 14:
NRCS suggest the following minor change to the definition of sludge,
". . . 30 TAC Chapter 312 rules pertaining to municipal and industrial
sludge do not apply to this permit."
RESPONSE 14:
As currently written, none of the requirements in 30 TAC Chapter
312 apply to the general permit. The recommendation by the commenter
could potentially allow portions of 30 TAC Chapter 312 rules to apply
to the general permit. The commission declines to make this change.
COMMENT 15:
EAE comments that there is some confusion in the definition of
"slurry" regarding material that is between 2% and 3%, since less
than 2% is considered wastewater and greater than 3% is considered
slurry.
RESPONSE 15:
The word "slurry" is not used in the general permit. Therefore,
a definition is not necessary. In response to the comment, the definition
of "slurry" was deleted.
Part II. Permit Applicability and Coverage
COMMENT 16:
Part II.C.3. EAE states that estimated land application rates should
be removed from the NOI. Each facility is required to have an NMP
that includes the estimated application rates, which will change from
year to year based on yearly sampling of land management units (LMUs).
Providing this value on the NOI only gives a representation of the
year/plan at the time the NOI was submitted and becomes invalid when
the NMP is updated.
RESPONSE 16:
The NOI is a summary of the technical data that supports the ability
of the facility to meet the general permit. This gives the public
an understanding of what the land application rates may be, without
having to be able to read and interpret the NMP. The Technical Summary
for each draft authorization under the general permit states that
the land application rates are subject to change during the term of
the permit.
COMMENT 17:
NRCS recommends that the NOI include the estimated acres needed
to apply manure, litter, or wastewater at the phosphorus removal rate
of the harvested crops using the crop parameters in the current NMP.
NRCS states that this information is needed to determine resource
sustainability. Without this information, many permitted operations
eventually get into situations where they cannot apply wastes at agronomic
rates due to insufficient land base.
RESPONSE 17:
The general permit requires that manure, sludge, and wastewater
must be applied at agronomic rates and hydrologic needs. In the event
that the CAFO operator cannot land apply all of the manure, sludge,
or wastewater generated, they must export any remaining amount or
find an alternative use for the material.
Long term sustainability of a facility may be a planning consideration,
but there are no rule requirements that a facility be sustainable
for the permit term.
COMMENT 18:
Part II.C.7. TAD, TCFA, TFB, TPPA, and TPF recommend that TCEQ
allow transfer of a general permit authorization from one owner to
another owner without submission of a Notice of Termination (NOT)
and new NOI. EAE states that for a change of ownership, the statement
"not later than 10 days prior" is not practical in cases where a business/real
estate transaction has not yet closed. EAE states that a CAFO operator
is not going to be willing to terminate their authorization prior
to the real estate closing in case the deal does not go through. EAE
recommends that Part II. C. 7. should read ". . . not later than 10
days after."
RESPONSE 18:
General permits issued by the commission must comply with 30 TAC
Chapter 205 (related to General Permits for Waste Discharges) and
those rules do not allow transfer of a general permit authorization.
30 TAC §205.4(h) states:
. . . In cases where the general permit requires that an NOI be
submitted, the general permit shall require that when the ownership
of the facility changes or is transferred, a notice of termination
be submitted by the present owner, and a new NOI be submitted by the
new owner, no later than ten days prior to the change in ownership.
COMMENT 19:
Part II.G. EAE states that a new CAFO that obtains authorization
after 2009 should have the full five years to construct.
RESPONSE 19:
30 TAC §205.4(a) states that a qualified discharger may obtain
authorization to operate under a general permit by complying with
the general permit's conditions for gaining coverage. Part II.G. does
not require that a new CAFO be operated at full capacity within 18
months, just that it be constructed within that time frame. A new
CAFO operator should not seek general permit authorization unless
he/she intends to construct and operate a CAFO within 18 months of
authorization.
Part III. Pollution Prevention Plan Requirements
COMMENT 20:
EAE states that Part III.A.3.(b) should be revised to ". . . preventative
measures to minimize impacts. . ."
because the certifying party cannot certify absolute prevention to
adverse impacts of potential recharge features.
RESPONSE 20:
30 TAC §321.34(f)(4) states that the pollution prevention
plan (PPP) must prevent impacts to an aquifer from any recharge feature
present. The proposed revision would be less stringent than the rule
requirement. Therefore, the suggested change was not made.
COMMENT 21:
NRCS recommends revising Part III.A.4.(b) to describe how the CAFO
operator identifies areas that have a high potential for soil erosion.
RESPONSE 21:
The general permit requirement should be sufficient to require
the CAFO operator to identify areas that have a high potential for
significant soil erosion. It is not necessary to prescribe how the
CAFO operator identifies these areas.
COMMENT 22:
TAD, TCFA, TFB, TPPA, and TPF state that it is redundant and confusing
for Part III.A.4.(c)(2) of the general permit to require: "Documentation
supporting variances of the buffer zones which were previously authorized
must be kept on-site and made available to TCEQ personnel upon request."
They comment that the recharge feature certification serves as "documentation"
for the CAFO and TCEQ and recommend deletion of the previous sentence.
RESPONSE 22:
In response to the comment, Part III.A.4.(c)(2) was revised to
read: "For new wells drilled after July 20, 2004, documentation supporting
variances of the buffer zones which were previously authorized must
be kept on-site and made available to TCEQ personnel upon request."
This clarifies that existing wells drilled before July 20, 2004, and
any replacement wells, must be protected in accordance with the recharge
feature certification requirements which serves as documentation and
a separate variance request is not necessary. The language also clarifies
that new wells drilled after July 20, 2004, must meet the requirements
of the recharge feature certification and a variance request is submitted
to the TCEQ if the buffer zone is not met.
In addition, the changes to this section in conjunction with the
requirements in Part III.A.4.(c)(5), provides assurance that only
new water wells that do not meet the buffer zone from RCSs, LMUs,
or holding pens are required to initiate a buffer variance request.
Buffer variance requests are also required for new LMUs, where existing
water wells are in use and do not meet the buffer zone.
COMMENT 23:
EAE recommends deleting Part III.A.4.(c)(3) because it is in conflict
with 16 TAC §76.300(1), Exemptions.
RESPONSE 23:
The commission agrees that the general permit should defer water
well drilling requirements to 16 TAC §76. In response to this
comment Part III.A.4.(c)(3) was revised as follows: "Construction
of any new water well must be done in accordance with the requirements
of this general permit and 16 TAC §76, relating to Water Well
Drillers and Water Well Pump Installers."
COMMENT 24:
TAD, TCFA, TFB, TPPA, and TPF comment that Part III.A.5.(c) of
the draft permit, as written, would require wastewater discharges
to be sampled and analyzed by a person employed by a National Environmental
Laboratory Accreditation Conference (NELAC) accredited lab. They recommend
that the word "sampled" be removed from the sentence. They also note
that TCEQ should recognize that not all monitoring parameters have
been accredited by NELAC.
RESPONSE 24:
In response to the comment, Part III.A.5.(c) was revised as follows:
"The permittee shall sample all discharges to surface water in the
state from RCSs and LMUs. The effluent shall be analyzed by a National
Environmental Laboratory Accreditation Conference (NELAC) accredited
lab for the following parameters. . . ."
COMMENT 25:
TAD, TCFA, TFB, TPPA, and TPF recommend that TCEQ add language
that would clarify the requirements for discharges that occur outside
of normal business hours. They suggest adding the following sentence
to Part III.A.5(d):
In cases where the CAFO operator is required to collect a wastewater
discharge sample outside of normal business hours, the samples shall
be preserved and stored as required for each parameter and delivered
to the laboratory on the next business day.
RESPONSE 25:
It is true that discharges may occur outside of the normal laboratory
business hours, which could cause a sample to exceed the maximum hold
times required for a given test method. In response to this comment,
the following sentence was added to Part III.A.5(d):
In the event that a discharge occurs outside of the normal business
hours of the testing laboratory which causes the maximum hold time
to lapse, the permittee shall collect a secondary sample from the
RCS, in addition to the sample collected in accordance with Part III.A.5(c),
and have it analyzed on the first business day for each parameter
in which the maximum hold time has been exceeded.
COMMENT 26:
EAE states that for all new construction, the RCS design is based
on the designed confinement area and head count (number of animals)
at the time of construction, not necessarily the maximum authorized
head count.
RESPONSE 26:
A discharge is authorized under certain circumstances from a properly
designed, constructed, operated, and maintained RCS. The RCS must
be capable of receiving waste generated by the maximum authorized
head count, including the confinement area. The engineering design
provides the minimum required volume of the RCS(s) to prevent an unauthorized
discharge when the maximum authorized head count is present at the
facility. In the event that the maximum authorized head count is increased,
the RCS(s) must be enlarged to accommodate the waste produced by the
additional animals prior to confining additional animals at the facility.
COMMENT 27:
EAE states that the design of a pond should contain "wet" manure
and process generated wastewater. They recommend that the word "all"
should be removed from Part III.A.6.(d)(2).
RESPONSE 27:
The RCS must be designed for any and all manure directed to it,
regardless of whether it is wet or dry. In the event that dry manure
is scraped into the RCS, the minimum required volume of the RCS must
account for the storage of the manure to prevent an unauthorized discharge.
COMMENT 28:
NRCS comments that Part III.A.6(f) related to Embankment Design
and Construction does not include any requirements for the design
of the facility. NRCS recommends that the following language be included
in Part III.A.6(f): "Embankment Design - Embankments shall be designed
in accordance with good engineering practices. The design shall be
certified by a licensed Texas professional engineer or NRCS engineer."
RESPONSE 28:
Part III.A.6(a) requires that all design and completed construction
must be certified by a licensed Texas professional engineer prior
to use for a new RCS or for modifications of an existing RCS. Part
III.A.6(b) requires that each RCS be designed and constructed in accordance
with the technical standards developed by the NRCS, American Society
of Agricultural and Biological Engineers, American Society of Civil
Engineers, American Society of Testing Materials, or other technical
standards approved by the ED that are in effect at the time of construction.
Both of these provisions of the general permit apply to RCS design
and construction, including embankments.
COMMENT 29:
NRCS suggests adding the following sentence to Part III.A.6(f)(1):
"Soils shall be suitable for the type of construction."
RESPONSE 29:
Part III.A.6(f)(1) and (2) describe soil requirements and the compaction
requirements for the embankment. If a soil meets the soil requirements
and is able to achieve the compaction requirement, it is suitable
for use as an embankment material.
COMMENT 30:
NRCS recommends revising Part III.A.6(f)(5) to clarify the spillway
design requirement and avoid confusion by reference to vague standards.
RESPONSE 30:
There are multiple considerations that go into the design of a
spillway, including discharge prohibitions, dam safety, topography,
site specific conditions, etc. While all of these considerations may
not be found in a single NRCS practice standard, NRCS has design criteria
for each of these considerations. It is not necessary to identify
each NRCS technical guidance document in the general permit.
COMMENT 31:
NRCS recommends revising Part III.A.6(f)(6) to clarify the measured
depths and provide adequate embankment protections. NRCS recommends
the following language:
. . . and the structure's spillway crest. There must be a minimum
of one vertical foot of materials between the top of the embankment
and the design flow depth of the spillway in accordance with the requirements
in (5). RCSs without spillways must have a minimum of two vertical
feet between the top of the embankment and the required storage capacity.
RESPONSE 31:
The general permit mirrors the requirements in 30 TAC §321.38(g)(2),
which requires that for all new construction and for all structural
modifications of existing RCSs, each RCS must have a minimum of two
vertical feet of materials equivalent to those used at the time of
design and construction between the top of the embankment and the
structure's spillway. RCSs without spillways must have a minimum of
two vertical feet between the top of the embankment and the required
storage capacity, including any additional storage required by an
alternative standard. Therefore, the requirements in the rule and
general permit should be adequate.
COMMENT 32:
NRCS recommends that the embankment construction documentation
include copies of construction certifications to show that it meets
the applicable requirements and is in accordance with good engineering
practices.
RESPONSE 32:
Part III.A.6(f) provides sufficient requirements for the design,
construction, and testing of embankments to ensure that these structures
are structurally acceptable and will protect the environment from
dam failure.
COMMENT 33:
NRCS recommends that Part III.A.6(g) be retitled to "Seepage Limitations
and Lining Requirements." Additionally, NRCS recommends revising the
first paragraph to clarify that the RCSs must meet the lack of hydrologic
connection criteria or meet the seepage limitation criteria.
RESPONSE 33:
The commission partially agrees with this comment. Part III.A.6(g)
was revised to note that a lack of hydrologic connection is not necessarily
a liner. The provision now reads as follows:
For all new construction and for all structural modifications of
existing RCSs only, each RCS must meet the requirements for lack of
hydrologic connection or have a liner consistent with paragraph (2),
(3), or (4) below.
No change was made to the title of Part III.A.6(g).
COMMENT 34:
EAE recommends deleting the phrase "tested at optimum moisture
content" in Part III.A.6.(g)(1)(i). EAE notes that this test cannot
be performed on in-situ materials. The permeability can only be tested
at the moisture content of the in-situ soils.
RESPONSE 34:
In response to the comment, the phrase "tested at optimum moisture
content" in Part III.A.6.(g)(1)(i) was deleted.
COMMENT 35:
EAE recommends that the statement that the CAFO operator should
include maps showing groundwater flow paths or that the leakage enters
a confined environment should be removed from Part III.A.6.(g)(1)(ii).
EAE comments that this should be at the discretion of the certifying
engineer whether to include this documentation with the certification.
Lack of hydrologic connection means no connection to groundwater,
so maps are not necessary.
RESPONSE 35:
The documentation provides support for the findings of the professional
engineer or geoscientist. Submittal of this information allows TCEQ
and the public the opportunity to review the documentation and make
an independent determination of the lack of hydrologic connection.
COMMENT 36:
NRCS suggests that the seepage limitations (specific discharge
requirements) be moved to its own section. The liners or in-situ materials
must be adequate to meet these limitations. NRCS proposes the following
language:
Seepage Limitations. All RCSs constructed after July 2009 shall
be designed and constructed with a specific discharge not to exceed
1.1 x 10-6 cm/sec calculated using Darcy's
law. The depth used in Darcy's law shall be from the bottom elevation
of the RCS and the crest of the spillway. A licensed Texas professional
engineer or licensed Texas professional geoscientist shall provide
a certification of the calculated specific discharge using the constructed
parameters and laboratory results.
RESPONSE 36:
The commission partially agrees with this comment. However, the
commission prefers to keep the specific discharge and hydraulic conductivity
requirements together because they work in concert with each other
to protect groundwater. In response to the comment, Part III.A.6(g)(3)(ii)
was revised as follows:
Liners shall be designed and constructed to have hydraulic conductivities
no greater than 1 x 10-7 centimeters
per second (cm/sec), with a thickness of 18 inches or its equivalency
in other materials, and not to exceed a specific discharge through
the liner of 1.1 x 10-6 cm/sec calculated
using Darcy's Law with a water level at spillway depth.
COMMENT 37:
NRCS suggests including the hydraulic conductivity requirements
for in-situ materials in Part III.A.6(g)(2) to avoid potential confusion
with cross-references.
RESPONSE 37:
Cross-references are used to avoid excessive duplication. No change
was made in response to the comment.
COMMENT 38:
NRCS suggests revising the title of Part III.A.6(g)(2) and (3).
RESPONSE 38:
In response to the comment, the title of Part III.A.6(g)(2) was
revised to: "RCS Liner using In-Situ Material" and the title of Part
III.A.6(g)(3) to: "Constructed or Installed Earthen Liner."
COMMENT 39:
NRCS recommends that all of the requirements for geosynthetic liners
be placed in the same location to avoid confusion.
RESPONSE 39:
In response to the comment, Part III.A.6(g)(3)(iv) and Part III.A.6(g)(4)(iv)
were combined as Part III.A.6(g)(4) and subsequent paragraphs were
re-numbered.
COMMENT 40:
NRCS suggests clarification that the liner sampling requirements
apply to in-situ material or earthen liners, but do not apply to geosynthetic
liners.
RESPONSE 40:
The commission agrees that liner sampling requirements in Part
III.A.6(g)(4)(i) - (iii) do not apply to geosynthetic liners. In addition
to the changes noted in Response 40, the title of Part III.A.6(g)(4)
was revised to: "Liner Sampling and Analyses of In-Situ Material or
Earthen Liners."
COMMENT 41:
Relating to Part III.A.8(a), Manure Handling and Storage, NRCS
recommends the use of site-specific data where it is available. Land
availability is not a direct factor in determining the capacity requirements.
Additionally, the Field Office Technical Guide does not include manure
production values. NRCS recommends that this paragraph be revised
as follows:
Manure and sludge storage capacity requirements shall be based
on manure and sludge production values from site specific data where
available or in the absence of such data values may be obtained from
the NRCS Agricultural Waste Management Field Handbook or equivalent
standards.
RESPONSE 41:
Land availability can play a role in manure storage capacity. If
sufficient land is not available to apply the manure and sludge, it
may have to be stored until determination of an alternative final
disposition. The ED agrees that this provision of the general permit
should not refer to the NRCS Field Office Technical Guide. Part III.A.8(a)
was revised as follows: "Manure and sludge storage capacity requirements
shall be based on manure and sludge production, land availability
and NRCS or equivalent standards."
COMMENT 42:
NRCS recommends allowing the storage of manure or sludge outside
of the RCS if the storage area has a minimum of 150 feet of vegetative
material down gradient to protect water in the state.
RESPONSE 42:
The general permit allows storage of manure outside of the RCS
drainage area if it is stored in a manner (i.e., storage shed, bermed
area, tarp covered area, etc.) that otherwise prevents contaminated
storm water runoff from the storage area. This provision complies
with 30 TAC §321.38(h).
COMMENT 43:
TAD, TCFA, TFB, TPPA, and TPF note that it is acceptable for wastewater
levels in the RCS to encroach on the volume reserved for the design
rainfall event. They state that TCEQ should recognize that it is only
necessary to document/record/justify those non-precipitation related
incidents that elevate the water level in the RCS. They recommend
that the second sentence of Part III.A.9.(a)(2) be revised to read:
"If the water level in the RCS encroaches into the storage volume
reserved for the design rainfall event (25-year or 100-year), for
reasons other than precipitation, the pollution prevention plan must.
. . ."
RESPONSE 43:
The general permit complies with 30 TAC §321.39(b)(2), which
requires the operator to document conditions that result in the wastewater
levels encroaching into the storage volume reserved for the design
rainfall event. Neither the rules nor the general permit exclude precipitation
related encroachments from the recordkeeping requirement.
COMMENT 44:
TAD, TCFA, TFB, TPPA, and TPF recommend that the general permit
address collection and disposition of carcasses associated with a
catastrophic event. They suggest adding the following sentence to
Part III.A.10.(c): "In the event of a catastrophic loss of animals,
carcasses will be collected and disposed of within a timeframe and
method(s) as approved by the TCEQ and Texas Animal Health Commission."
RESPONSE 44:
The flexibility requested is already provided in the general permit
because the commission can approve alternative plans for carcass collection
and disposal. The general permit requires carcasses to be collected
within 24 hours of death and properly disposed of within three days
of death, unless otherwise provided for by
the commission. In the event of a catastrophic loss of animals,
the CAFO operator should notify their TCEQ regional office to coordinate
the proper collection and disposal of the carcasses. It is recommended
that each CAFO develop a plan for catastrophic loss of animals, in
coordination with the applicable TCEQ regional office and the Texas
Animal Health Commission, prior to such an event occurring.
COMMENT 45:
NRCS recommends revising Part III.A.11(a) as follows:
An NMP, developed by a certified Nutrient Management Specialist,
must be in accordance with the Texas NRCS Nutrient Management Conservation
Practice Standard (Code 590) and the Texas NRCS Waste Utilization
Conservation Practice Standard (Code 633). In addition to the NRCS
Conservation practices, the following general requirements must be met.
RESPONSE 45:
The general permit mirrors the CAFO rule relating to who can certify
an NUP in 30 TAC §321.40(k)(3). These same individuals and entities
should be allowed to certify an NMP. To clarify who can certify an
NMP, Part III.A.11(a) was revised as follows:
A permittee of a Large CAFO must develop and implement an NMP,
certified by an individual or employee of an entity identified in
Part III.A.13(b), in accordance with Texas NRCS Practice Standard
Code 590 upon coverage under this general permit. The NMP shall be
updated annually to incorporate the most recent manure, sludge, wastewater,
and soil analyses.
COMMENT 46:
NRCS states that Part III.A.11 should rely on the "Plans and Specs"
section of Code 590 for most of these requirements (Code 633 defers
to Code 590 for plans and specifications). NRCS states that it is
redundant here because these things and more are required by Code
590 and notes that Paragraph 4 explains waste sampling. NCRS recommends
adopting the 590 procedure because it is newer and provides better
technology.
RESPONSE 46:
Part III.A.11 incorporates requirements found in 30 TAC Chapter
321, Subchapter B. While the rule and general permit requirements
are reiterated in NRCS Practice Standard Code 590, it is not appropriate
to delete them from the general permit.
COMMENT 47:
TAD, TCFA, TFB, TPPA, and TPF state that manure and wastewater
are managed on an as-collected basis (wet basis). They recommend that
Part III.A.11.(b)(3) be revised by replacing the phrase "on a dry
weight basis" with "based on laboratory analysis that accounts for
moisture."
RESPONSE 47:
The commission agrees that wastewater is not analyzed on a dry
weight basis. In response to this comment, Part III.A.11.(b)(3) was
revised as follows: ". . . Land application rates of manure, sludge
and/or wastewaters shall be based on the total nutrient concentration,
on a dry weight basis where applicable."
COMMENT 48:
TAD, TCFA, TFB, TPPA, and TPF state that many low-lying areas were
converted to farmland many years ago and continue to be used for farmland
today. They encourage TCEQ to recognize that many of these farmed
areas should not be classified as surface water in the state. They
recommend that the phrase: ". . . unless previously converted and
used for agricultural production" be added to the last sentence of
Part III.A.11(e)(1).
RESPONSE 48:
Determining whether or not a waterway meets the definition of surface
water in the state should be made on a case-by-case basis. The ED
has and will continue to review documentation presented by applicants
showing that questionable areas do not meet the definition of water
in the state.
COMMENT 49:
EAE recommends that Part III.A.11.(e)(3)(b)(i) should be deleted
and only (e)(3)(b)(ii) should be included in the permit.
RESPONSE 49:
Part III.A.11.(e)(3)(b)(i) allows for an alternative to the filter
strip or vegetative barrier requirements of (ii). There may be areas
of the state that it is impractical to construct and/or maintain the
filter strip or vegetative barrier.
COMMENT 50:
NRCS recommends revising Part III.A.12.(a)(2) by replacing the
phrase "at least one representative soil sample" with "representative
soil samples" and adding the following sentence: "The number of composite
samples per LMU and the approved sampling methods are described in
Part III.A.12.(c)(3)." The number of composite samples is discussed
in paragraph (c) sampling procedures. There have been too many PPP's
that collect one sample per LMU and ignore Part III.A.12.(c)(3).
RESPONSE 50:
The primary purpose of Part III.A.12.(a) and (b) is to identify
sampling frequency, both initial and annual. Part III.A.12.(c) provides
the procedures for collecting samples. As noted by the commenter,
the number of samples to collect is identified in Part III.A.12.(c)(3).
Failure to collect the required number of samples is a violation of
the permit.
COMMENT 51:
EAE recommends replacing RG-408 "Soil Sampling for NUPs" with "Most
recent version of RG-408" in Part III.A.12.(c)(1).
RESPONSE 51:
In response to the comment, the title of RG-408 was revised to
"Soil Sampling for Concentrated Animal Feeding Operations."
COMMENT 52:
NRCS states that the general permit or a regulatory guidance document
should explain what will be done with the 0 - 2 inch and 6 - 24 inch
samples required by Part III.A.12.(c)(4). The 0 - 2 inch samples could
be used to identify stratification issues (pH, Nitrogen, Phosphorus,
and Calcium) and the 6 - 24 inch samples could be used for partial
Nitrogen budgeting and determining if phosphorus is leaching into
deeper profiles.
RESPONSE 52:
The 0 - 2 inch soil sample is used to identify the nutrient content
of the soil that is exposed to surface runoff allowing re-suspension
of nutrients from the soil into the runoff which may increase pollutant
loading to water in the state. The 6 - 24 inch soil sample is used
to identify potential impacts during permit actions. It is not necessary
to identify the uses of the data in the general permit.
COMMENT 53:
NRCS states that Part III.A.l3. can be eliminated, except (b),
which identifies who can certify an NUP. NRCS notes that NUP's are
more restrictive NMP's.
RESPONSE 53:
Part III.A.l3. is necessary for the following reasons: To identify
when an NUP is required, identify who can certify an NUP, require
submittal to and approval by the ED, define when land application
under the NUP can commence, and detail what must be included in the
NUP.
COMMENT 54:
NRCS recommends revising Part III.A.l3.(b) to only allow Texas
certified nutrient management specialists to certify an NUP. To become
certified, a person must demonstrate technical competency as well
as an understanding of all the different policies that must be followed.
NRCS does not support allowing certified professional agronomist,
certified crop advisors, certified professional soil scientists, or
other licensed geoscientist-soil scientist to develop NMPs without
going through the certification process.
RESPONSE 54:
30 TAC §321.40(k)(3) identifies who can certify an NUP. The
general permit mirrors the rule.
COMMENT 55:
TAD, TCFA, TFB, TPPA, and TPF state that TCEQ recognizes the option
for meeting the daily inspection of water lines requirement by recording
this information in the Weekly Report. They recommend the addition
of a sentence to Part III.A.14.(a)(2) to read: "The Weekly Report
can be used to document activities associated with daily inspections
of water lines."
RESPONSE 55:
The commission agrees that daily inspections of water lines can
be recorded on the PPP either daily or weekly. Based on this comment,
the following sentence was added to Part III.A.14.(a)(2): "These daily
inspections can be recorded in the PPP either daily or in the weekly
report."
COMMENT 56:
TAD, TCFA, TFB, TPPA, and TPF state that Part III.A.15.(b)(4) should
be written in a manner that is similar to the current CAFO General
Permit. One subsection should pertain to Groundwater Monitoring Plans
for CAFOs that utilize playas and one subsection should pertain to
Groundwater Monitoring Plans required by the ED. As proposed, this
new language would require Groundwater Monitoring Plans for CAFOs
that utilize playas to have those plans developed and certified by
a licensed Texas professional engineer or licensed Texas professional
geoscientist. TWC does not require this for CAFOs utilizing playas.
RESPONSE 56:
In response to the comment, the following changes were made. Part
III.A.15(b)(1) was revised as follows: "(1) A groundwater monitoring
plan shall be implemented by a permittee if: (1) a playa is used as
a RCS, as required by Texas Water Code §26.048, or (ii) if required
by the executive director."
Part III.A.15(b)(2)(ii) was revised as follows: "having each sample
analyzed for nitrate as nitrogen and chloride where a groundwater
monitoring plan is required by (b)(1)(i), and for nitrate as nitrogen,
total dissolved solids, and chloride, where a groundwater monitoring
plan is required by (b)(1)(ii), and. . . ."
Also, Part III.A.15(b)(4) was revised as follows: "A groundwater
monitoring plan required by (b)(1)(ii) shall be developed and certified
by a licensed Texas professional engineer or licensed Texas professional
geoscientist."
COMMENT 57:
Part III.B. NRCS believes that on-site composting is extremely
beneficial for reducing pathogens and stabilizing manures. NRCS would
like the general permit to allow for composting at locations associated
with the CAFO that are not within the drainage basins of an RCS when
a properly sized vegetative buffer is established and maintained down
gradient from the composting operation.
RESPONSE 57:
The general permit allows composting outside of the RCS drainage
area if it is roofed or covered with impermeable material, protected
from external rainfall, or bermed to protect from runoff. This provision
complies with 30 TAC §321.39(f).
TRD-200902867
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: July 14, 2009
The following notices were issued on July 9, 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
INEOS USA LLC, which operates the Chocolate Bayou Plant, which
manufactures organic chemicals, has applied for a renewal of TPDES
Permit No. WQ0001333000, which authorizes the discharge of treated
process wastewater, sanitary wastewater, utility wastewater, remediation
and spill clean up wastewaters, and storm water at a daily average
dry weather flow not to exceed 8,000,000 gallons per day via Outfall
001; commingled low volume wastewater, secondary flush process area
storm water, fire water, condenser condensate with storm water on
an intermittent and flow variable basis via Outfall 002; and storm
water on an intermittent and flow variable basis via Outfalls 003,
004, and 005. The facility is located on the northwest side of Farm-to-Market
Road 2004, approximately two miles south of the intersection of Farm-to-Market
Road 2917 and Farm-to-Market Road 2004, Brazoria County, Texas.
CITY OF SEADRIFT, which operates Dallas Avenue Water Plant, a municipal
water treatment plant, has applied for a major amendment to TPDES
Permit No. WQ0003954000 to authorize the relocation of the discharge
point. The current permit authorizes the discharge of reverse osmosis
reject water at a daily average flow not to exceed 200,000 gallons
per day via Outfall 001. The facility is located at 301 East Dallas,
approximately 300 feet east of the intersection of Dallas Avenue and
Main Street, on the north side of Dallas Avenue in the City of Seadrift,
Calhoun County, Texas 77983. The TCEQ Executive Director has reviewed
this action for consistency with the Texas Coastal Management Program
goals and policies in accordance with the regulations of the Coastal
Coordination Council, and has determined that the action is consistent
with the applicable CMP goals and policies.
TGS RAINBOW TERMINAL LLC which proposes to operate Rainbow Terminal
Petcoke Handling Facility, a petroleum coke terminal, has applied
for a new permit, proposed Texas Pollutant Discharge Elimination System
(TPDES) Permit No. WQ0004874000, to authorize the discharge of storm
water runoff, dust suppression water, dock reclaim water, and equipment
wash water on an intermittent and flow variable basis via Outfall
001. The facility is located at Highway 366 and 32nd Street, Jefferson
County, Texas. The TCEQ Executive Director has reviewed this action
for consistency with the Texas Coastal Management Program goals and
policies in accordance with the regulations of the Coastal Coordination
Council, and has determined that the action is consistent with the
applicable CMP goals and policies.
CITY OF YOAKUM has applied for a renewal of TPDES Permit No. WQ0010463001
which authorizes the discharge of treated domestic wastewater at a
daily flow not to exceed 950,000 gallons per day. The facility is
located on the west side of Dunn Street and approximately one mile
southwest of its intersection with State Highway 111 in Dewitt County,
Texas.
PALO PINTO COUNTY has applied for a renewal of TPDES Permit No.
WQ0011698001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 50,000 gallons per day. The
facility is located on the east bank of Town Branch Creek approximately
1,200 feet due north of the intersection of U.S. Highway 180 and Farm-to-Market
Road 4 at the end of North Ninth Avenue in the outskirts of the town
of Palo Pinto in Palo Pinto County, Texas 76484
FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 106 has applied
to the Texas Commission on Environmental Quality (TCEQ) for a renewal
of TPDES Permit No. WQ0013355001, which authorizes the discharge of
treated domestic wastewater not to exceed 1,350,000 gallons per day.
The facility is located 3,000 feet east of Crabb River Road, approximately
one mile south-southeast of the intersection of U.S. Highway 59 and
Crabb River Road and east of Tara Boulevard on the north bank of Rabbs
Bayou in Fort Bend County, Texas.
LOWER COLORADO RIVER AUTHORITY has applied for a renewal of TPDES
Permit No. WQ0013740001, which authorizes the discharge of treated
domestic wastewater at a daily average flow not to exceed 50,000 gallons
per day. The facility is located 3.5 miles east of Columbus, Texas
and 1,000 feet south of Interstate Highway 10 on Farm-to-Market Road
102 in Colorado County, Texas 78935.
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-200902888
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 15, 2009
Request for Proposals #303-9-12057
The Texas Facilities Commission (TFC), on behalf of the Office
of the Attorney General (OAG), announces the issuance of Request for
Proposals (RFP) #303-9-12057. TFC seeks a 5-year or 10-year lease
of approximately 8,047 square feet of office space in Conroe, Texas.
The deadline for questions is August 7, 2009, and the deadline
for proposals is August 21, 2009, at 3:00 p.m. The award date is September
30, 2009. TFC reserves the right to accept or reject any or all proposals
submitted. TFC is under no legal or other obligation to execute a
lease on the basis of this notice or the distribution of an RFP. Neither
this notice nor the RFP commits TFC to pay for any costs incurred
prior to the award of a grant.
Parties interested in submitting a proposal may obtain information
by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy
of the RFP may be downloaded from the Electronic State Business Daily
at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=83739.
TRD-200902872
Kay Molina
General Counsel
Texas Facilities Commission
Filed: July 14, 2009
Amended Public Notice to Change Effective Date of Payment Rates
The Texas Health and Human Services Commission announces its intent
to submit an amendment to the Texas State Plan for Medical Assistance,
under Title XIX of the Social Security Act. The proposed effective
date for this amendment is August 1, 2009. This notice amends the
original notice published in the July 3, 2009, issue of the
Texas Register (34 TexReg 4566) by changing
the effective date from September 1, 2009 to August 1, 2009.
The proposed amendment will adjust payment rates for the Primary
Home Care (PHC) program to comply with the new federal minimum wage
that will increase $0.70 from the current $6.55 per hour to $7.25
per hour on July 24, 2009 and as a result of the 2010-2011 General
Appropriations Act (Article II, Health and Human Services, 81st Legislature,
Regular Session, 2009), which appropriated general revenue funds for
provider rate increases for the PHC Program. The reimbursement methodology
will be modified to indicate that for the period beginning August
1, 2009, PHC payment rates will be equal to the payment rates in effect
July 31, 2009, plus $0.80 per unit of service.
The proposed adjustment of payment rates is estimated to result
in additional annual aggregate expenditures of $11,261,090 for the
remainder of federal fiscal year (FFY) 2009 (August 1, 2009, through
September 30, 2009), with approximately $7,743,125 in federal funds
and approximately $3,517,965 in state general revenue. For FFY 2010,
the proposed adjustment of payment rates is estimated to result in
additional annual aggregate expenditures of $67,977,122, with approximately
$47,482,020 in federal funds and approximately $20,495,102 in state
general revenue.
To obtain copies of the proposed amendment or to submit written
comments, interested parties may contact Sarah Hambrick by mail at
Rate Analysis Department, Texas Health and Human Services Commission,
P.O. Box 85200, Mail Code H-400, Austin, Texas 78708-5200; by telephone
at (512) 491-1431; by facsimile at (512) 491-1998; or by e-mail at
sarah.hambrick@hhsc.state.tx.us. Copies of the proposal will also
be made available for public review at the local offices of the Texas
Department of Aging and Disability Services.
TRD-200902886
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 15, 2009
Pursuant to Chapter 2254, Subchapter B, Texas Government Code,
the Health and Human Services Commission (HHSC) announces the award
of contract 529-06-0425-00039 to Health Management
Associates, an entity with a principal place of business at
120 N. Washington Square, Suite 705, Lansing, MI 48933. The contractor
will provide consulting services regarding the Assessment of the Primary
Care Case Management Waiver.
The total value of the contract with Health
Management Associates is $38,190.00. The contract was executed
on July 9, 2009 and will expire on September 30, 2009, unless extended
or terminated sooner by the parties. Health
Management Associates will produce numerous documents and reports
during the term of the contract, with the final reporting due by September
30, 2009.
TRD-200902817
David Brown
Assistant General Counsel
Texas Health and Human Services Commission
Filed: July 9, 2009
Hearing. The Texas Health and Human
Services Commission (HHSC) will conduct a public hearing on August
18, 2009, at 1:30 p.m., to receive comment on proposed Medicaid payment
rates for 2009 first and second quarter Healthcare Common Procedure
Coding System (HCPCS) updates. The public hearing will be held in
the Lone Star Conference Room of HHSC, Braker Center, Building H,
located at 11209 Metric Boulevard, Austin, Texas. Entry is through
Security at the main entrance of the building, which faces Metric
Boulevard. The hearing will be held in compliance with Human Resources
Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e)
- (f), which require public notice of and hearings on proposed Medicaid
reimbursements.
Proposal. The proposed payment rates
for 2009 first and second quarter HCPCS updates are proposed to be
effective October 1, 2009.
Methodology and Justification. The
proposed payment rates were calculated in accordance with 1 TAC §355.8085,
which addresses the reimbursement methodology for physician and certain
other practitioners.
Briefing Package. A briefing package
describing the proposed payment rates will be available on or after
August 3, 2009. Interested parties may obtain a copy of the briefing
package prior to the hearing by contacting Rate Analysis by telephone
at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at meisha.scott@hhsc.state.tx.us.
The briefing package also will be available at the public hearing.
Written Comments. Written comments
regarding the proposed payment rates may be submitted in lieu of,
or in addition to, oral testimony until 5 p.m. the day of the hearing.
Written comments may be sent by U.S. mail to the attention of Rate
Analysis, HHSC, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin,
Texas 78708-5200; by fax to Rate Analysis at (512) 491-1998; or by
e-mail to meisha.scott@hhsc.state.tx.us. In addition, written comments
may be sent by overnight mail or hand delivered to HHSC Rate Analysis,
Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard,
Austin, Texas 78758-4021.
Persons with disabilities who wish to attend the hearing and require
auxiliary aids or services should contact Rate Analysis at (512) 491-1445
at least 72 hours in advance, so appropriate arrangements can be made.
TRD-200902853
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 13, 2009
Hearing. The Texas Health and Human
Services Commission (HHSC) will conduct a public hearing on August
18, 2009, at 1:30 p.m., to receive comment on proposed Medicaid payment
rates for Cardiac Rehabilitation. The public hearing will be held
in the Lone Star Conference Room of HHSC, Braker Center, Building
H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through
Security at the main entrance of the building, which faces Metric
Boulevard. The hearing will be held in compliance with Human Resources
Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e)
- (f), which require public notice of and hearings on proposed Medicaid
reimbursements.
Proposal. The proposed payment rates
for Cardiac Rehabilitation are proposed to be effective October 1, 2009.
Methodology and Justification. The
proposed payment rates are calculated in accordance with 1 TAC §355.8081,
which addresses the reimbursement methodology for physicians and refers
to 1 TAC §355.8085, which addresses the reimbursement methodology
for physicians and certain other practitioners.
Briefing Package. A briefing package
describing the proposed payment rates will be available on or after
August 3, 2009. Interested parties may obtain a copy of the briefing
package prior to the hearing by contacting Rate Analysis by telephone
at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at meisha.scott@hhsc.state.tx.us.
The briefing package also will be available at the public hearing.
Written Comments. Written comments
regarding the proposed payment rates may be submitted in lieu of,
or in addition to, oral testimony until 5 p.m. the day of the hearing.
Written comments may be sent by U.S. mail to the attention of Rate
Analysis, HHSC, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin,
Texas 78708-5200; by fax to Rate Analysis at (512) 491-1998; or by
e-mail to meisha.scott@hhsc.state.tx.us. In addition, written comments
may be sent by overnight mail or hand delivered to HHSC Rate Analysis,
Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard,
Austin, Texas 78758-4021.
Persons with disabilities who wish to attend the hearing and require
auxiliary aids or services should contact Rate Analysis at (512) 491-1445
at least 72 hours in advance, so appropriate arrangements can be made.
TRD-200902854
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 13, 2009
Hearing. The Texas Health and Human
Services Commission (HHSC) will conduct a public hearing on August
18, 2009, at 1:30 p.m., to receive comment on proposed Medicaid payment
rates for Medicaid Program 100 and 200 Fee Reviews. The public hearing
will be held in the Lone Star Conference Room of HHSC, Braker Center,
Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry
is through Security at the main entrance of the building, which faces
Metric Boulevard. The hearing will be held in compliance with Human
Resources Code §32.0282 and Texas Administrative Code (TAC) Title
1, §355.201(e) - (f), which require public notice of and hearings
on proposed Medicaid reimbursements.
Proposal. The proposed payment rates
for Medicaid Program 100 and 200 Fee Reviews are proposed to be effective
October 1, 2009.
Methodology and Justification. The
proposed payment rates were calculated in accordance with 1 TAC §355.8085,
which addresses the reimbursement methodology for physician and certain
other practitioners; 1 TAC §355.8021(c), which addresses the
reimbursement methodology for durable medical equipment (DME) as home
health services, and 1 TAC §355.8441(3), relating to the reimbursement
methodology for DME under the Early and Periodic Screening, Diagnosis,
and Treatment (EPSDT) Program (known in Texas as Texas Health Steps).
Briefing Package. A briefing package
describing the proposed payment rates will be available on or after
August 3, 2009. Interested parties may obtain a copy of the briefing
package prior to the hearing by contacting Rate Analysis by telephone
at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at meisha.scott@hhsc.state.tx.us.
The briefing package also will be available at the public hearing.
Written Comments. Written comments
regarding the proposed payment rates may be submitted in lieu of,
or in addition to, oral testimony until 5 p.m. the day of the hearing.
Written comments may be sent by U.S. mail to the attention of Rate
Analysis, HHSC, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin,
Texas 78708-5200; by fax to Rate Analysis at (512) 491-1998; or by
e-mail to meisha.scott@hhsc.state.tx.us. In addition, written comments
may be sent by overnight mail or hand delivered to HHSC Rate Analysis,
Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard,
Austin, Texas 78758-4021.
Persons with disabilities who wish to attend the hearing and require
auxiliary aids or services should contact Rate Analysis at (512) 491-1445
at least 72 hours in advance, so appropriate arrangements can be made.
TRD-200902855
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 13, 2009
Hearing. The Texas Health and Human
Services Commission (HHSC) will conduct a public hearing on August
18, 2009, at 1:30 p.m., to receive comment on proposed Medicaid payment
rates for Quarterly Medicaid Fee Reviews. The public hearing will
be held in the Lone Star Conference Room of HHSC, Braker Center, Building
H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through
Security at the main entrance of the building, which faces Metric
Boulevard. The hearing will be held in compliance with Human Resources
Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e)
- (f), which require public notice of and hearings on proposed Medicaid
reimbursements.
Proposal. The proposed payment rates
for Quarterly Medicaid Fee Reviews are proposed to be effective October
1, 2009.
Methodology and Justification. The
proposed payment rates were calculated in accordance with 1 TAC §355.8085,
which addresses the reimbursement methodology for physician and certain
other practitioners, with 1 TAC §355.8021(c), which addresses
the reimbursement methodology for durable medical equipment (DME)
as home health services and 1 TAC §355.8441(3), relating to the
reimbursement methodology for DME under the Early and Periodic Screening,
Diagnosis, and Treatment (EPSDT) Program (known in Texas as Texas
Health Steps).
Briefing Package. A briefing package
describing the proposed payment rates will be available on or after
August 3, 2009. Interested parties may obtain a copy of the briefing
package prior to the hearing by contacting Rate Analysis by telephone
at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at meisha.scott@hhsc.state.tx.us.
The briefing package also will be available at the public hearing.
Written Comments. Written comments
regarding the proposed payment rates may be submitted in lieu of,
or in addition to, oral testimony until 5 p.m. the day of the hearing.
Written comments may be sent by U.S. mail to the attention of Rate
Analysis, HHSC, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin,
Texas 78708-5200; by fax to Rate Analysis at (512) 491-1998; or by
e-mail to meisha.scott@hhsc.state.tx.us. In addition, written comments
may be sent by overnight mail or hand delivered to HHSC Rate Analysis,
Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard,
Austin, Texas 78758-4021.
Persons with disabilities who wish to attend the hearing and require
auxiliary aids or services should contact Rate Analysis at (512) 491-1445
at least 72 hours in advance, so appropriate arrangements can be made.
TRD-200902856
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 13, 2009
Hearing. The Texas Health and Human
Services Commission (HHSC) will conduct a public hearing on August
18, 2009, at 1:30 p.m., to receive comment on proposed Medicaid payment
rates for Screening, Brief Intervention and Referral to Treatment
(SBIRT). The public hearing will be held in the Lone Star Conference
Room of HHSC, Braker Center, Building H, located at 11209 Metric Boulevard,
Austin, Texas. Entry is through Security at the main entrance of the
building, which faces Metric Boulevard. The hearing will be held in
compliance with Human Resources Code §32.0282 and Texas Administrative
Code (TAC) Title 1, §355.201(e) - (f), which require public notice
of and hearings on proposed Medicaid reimbursements.
Proposal. The proposed payment rates
for SBIRT are proposed to be effective October 1, 2009.
Methodology and Justification. The
proposed payment rates are calculated in accordance with 1 TAC §355.8081,
which addresses the reimbursement methodology for psychologists and
refers to 1 TAC §355.8085, which addresses the reimbursement
methodology for physicians and certain other practitioners, 1 TAC §355.8091,
which addresses the reimbursement methodology for counseling services
provided by a licensed professional counselor, a licensed clinical
social worker, or a licensed marriage and family therapist; 1 TAC §355.8093
which addresses the reimbursement methodology for physician assistants.
Briefing Package. A briefing package
describing the proposed payment rates will be available on or after
August 3, 2009. Interested parties may obtain a copy of the briefing
package prior to the hearing by contacting Rate Analysis by telephone
at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at meisha.scott@hhsc.state.tx.us.
The briefing package also will be available at the public hearing.
Written Comments. Written comments
regarding the proposed payment rates may be submitted in lieu of,
or in addition to, oral testimony until 5 p.m. the day of the hearing.
Written comments may be sent by U.S. mail to the attention of Rate
Analysis, HHSC, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin,
Texas 78708-5200; by fax to Rate Analysis at (512) 491-1998; or by
e-mail to meisha.scott@hhsc.state.tx.us. In addition, written comments
may be sent by overnight mail or hand delivered to HHSC Rate Analysis,
Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard,
Austin, Texas 78758-4021.
Persons with disabilities who wish to attend the hearing and require
auxiliary aids or services should contact Rate Analysis at (512) 491-1445
at least 72 hours in advance, so appropriate arrangements can be made.
TRD-200902857
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 13, 2009
Hearing. The Texas Health and Human
Services Commission (HHSC) will conduct a public hearing on August
18, 2009, at 1:30 p.m., to receive comment on proposed Medicaid payment
rates for subcutaneous injection ports. The public hearing will be
held in the Lone Star Conference Room of HHSC, Braker Center, Building
H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through
Security at the main entrance of the building, which faces Metric
Boulevard. The hearing will be held in compliance with Human Resources
Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e)
- (f), which require public notice of and hearings on proposed Medicaid
reimbursements.
Proposal. The proposed payment rates
for subcutaneous injection ports are proposed to be effective October
1, 2009.
Methodology and Justification. The
proposed payment rate was calculated in accordance with 1 TAC §355.8021(c),
which addresses the reimbursement methodology for durable medical
equipment (DME) as home health services and 1 TAC §355.8441(3),
relating to the reimbursement methodology for DME under the Early
and Periodic Screening, Diagnosis, and Treatment (EPSDT) Program (known
in Texas as Texas Health Steps).
Briefing Package. A briefing package
describing the proposed payment rates will be available on or after
August 3, 2009. Interested parties may obtain a copy of the briefing
package prior to the hearing by contacting Rate Analysis by telephone
at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at meisha.scott@hhsc.state.tx.us.
The briefing package also will be available at the public hearing.
Written Comments. Written comments
regarding the proposed payment rates may be submitted in lieu of,
or in addition to, oral testimony until 5 p.m. the day of the hearing.
Written comments may be sent by U.S. mail to the attention of Rate
Analysis, HHSC, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin,
Texas 78708-5200; by fax to Rate Analysis at (512) 491-1998; or by
e-mail to meisha.scott@hhsc.state.tx.us. In addition, written comments
may be sent by overnight mail or hand delivered to HHSC Rate Analysis,
Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard,
Austin, Texas 78758-4021.
Persons with disabilities who wish to attend the hearing and require
auxiliary aids or services should contact Rate Analysis at (512) 491-1445
at least 72 hours in advance, so appropriate arrangements can be made.
TRD-200902858
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 13, 2009
Hearing. The Texas Health and Human
Services Commission (HHSC) will conduct a public hearing on August
18, 2009, at 1:30 p.m., to receive comment on proposed Medicaid payment
rates for Vision Services - Nonsurgical. The public hearing will be
held in the Lone Star Conference Room of HHSC, Braker Center, Building
H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through
Security at the main entrance of the building, which faces Metric
Boulevard. The hearing will be held in compliance with Human Resources
Code §32.0282 and 1 Texas Administrative Code (TAC) §355.201(e)
- (f), which require public notice of and hearings on proposed Medicaid
reimbursements.
Proposal. The proposed payment rates
for Vision Services - Nonsurgical are proposed to be effective January
1, 2010.
Methodology and Justification. The
proposed payment rates were calculated in accordance with 1 TAC §355.8001
which addresses reimbursement for Vision Care Services, 1 TAC §355.8081
which addresses reimbursement for Laboratory and X-ray Services, Radiation
Therapy, Physical Therapists' Services, Physician Services, Podiatry
Services, Chiropractic Services, Optometric Services, Ambulance Services,
Dentists' Services, and Psychologists' Services, and 1 TAC §355.8085,
which addresses the reimbursement methodology for physicians and certain
other practitioners.
Briefing Package. A briefing package
describing the proposed payment rates will be available on or after
August 3, 2009. Interested parties may obtain a copy of the briefing
package prior to the hearing by contacting Rate Analysis by telephone
at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at meisha.scott@hhsc.state.tx.us.
The briefing package also will be available at the public hearing.
Written Comments. Written comments
regarding the proposed payment rates may be submitted in lieu of,
or in addition to, oral testimony until 5:00 p.m. the day of the hearing.
Written comments may be sent by U.S. mail to the attention of Rate
Analysis, HHSC, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin,
Texas 78708-5200; by fax to Rate Analysis at (512) 491-1998; or by
e-mail to meisha.scott@hhsc.state.tx.us. In addition, written comments
may be sent by overnight mail or hand delivered to HHSC Rate Analysis,
Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard,
Austin, Texas 78758-4021.
Persons with disabilities who wish to attend the hearing and require
auxiliary aids or services should contact Rate Analysis at (512) 491-1445
at least 72 hours in advance, so appropriate arrangements can be made.
TRD-200902859
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 13, 2009
Hearing. The Texas Health and Human
Services Commission (HHSC) will conduct a public hearing on August
18, 2009, at 1:30 p.m., to receive comment on proposed Medicaid payment
rates for Program for Amplification for Children of Texas (PACT).
The public hearing will be held in the Lone Star Conference Room of
HHSC, Braker Center, Building H, located at 11209 Metric Boulevard,
Austin, Texas. Entry is through Security at the main entrance of the
building, which faces Metric Boulevard. The hearing will be held in
compliance with Human Resources Code §32.0282 and 1 Texas Administrative
Code (TAC) §355.201(e) - (f), which require public notice of
and hearings on proposed Medicaid reimbursements.
Proposal. The proposed payment rates
for PACT are proposed to be effective September 1, 2009.
Methodology and Justification. The
proposed payment rate was calculated in accordance with 1 TAC §355.8021(c),
which addresses the reimbursement methodology for durable medical
equipment (DME) as home health services, with 1 TAC §355.8141(b)
which addresses the reimbursement methodology for Hearing Aid Services,
and 1 TAC §355.8441(3), which addresses the reimbursement methodology
for Durable Medical Equipment (DME) under the Early and Periodic Screenings,
Diagnosis, and Treatment (EPSDT) Program, known in Texas as Texas
Health Steps (THSteps).
Briefing Package. A briefing package
describing the proposed payment rates will be available on or after
August 3, 2009. Interested parties may obtain a copy of the briefing
package prior to the hearing by contacting Rate Analysis by telephone
at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at meisha.scott@hhsc.state.tx.us.
The briefing package also will be available at the public hearing.
Written Comments. Written comments
regarding the proposed payment rates may be submitted in lieu of,
or in addition to, oral testimony until 5:00 p.m. the day of the hearing.
Written comments may be sent by U.S. mail to the attention of Rate
Analysis, HHSC, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin,
Texas 78708-5200; by fax to Rate Analysis at (512) 491-1998; or by
e-mail to meisha.scott@hhsc.state.tx.us. In addition, written comments
may be sent by overnight mail or hand delivered to HHSC Rate Analysis,
Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard,
Austin, Texas 78758-4021.
Persons with disabilities who wish to attend the hearing and require
auxiliary aids or services should contact Rate Analysis at (512) 491-1445
at least 72 hours in advance, so appropriate arrangements can be made.
TRD-200902860
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 13, 2009
Hearing. The Texas Health and Human
Services Commission (HHSC) will conduct a public hearing on Tuesday,
August 11, 2009, at 9:30 a.m. to receive public comment on proposed
payment rates for the following programs:
Community Based Alternatives (CBA) and Integrated Care Management
(ICM) - Personal Assistance Services;
CBA and ICM Assisted Living/Residential Care (ALRC);
CBA and ICM Personal Care III;
Community Living Assistance and Support Services - Habilitation;
Consolidated Waiver Program - Personal Assistance Services, Day
Habilitation, Prevocational Services, Residential Habilitation and
Intervener;
Day Activity and Health Services;
Deaf-Blind with Multiple Disabilities Waiver - Day Habilitation,
Residential Habilitation-Less Than 24 Hours, Intervener and Chore;
Medically Dependent Children Program - Personal Assistant Services;
Early and Periodic Screening, Diagnosis, and Treatment (EPSDT)
Personal Care Services (PCS) for Type of Service (TOS) 1;
Primary Home Care;
Residential Care; and
All associated Consumer Directed Services.
The Texas Department of Aging and Disability Services (DADS) operates
all of these programs except PCS; HHSC operates PCS.
The hearing will be held in compliance with Human Resources Code §32.0282
and 1 Texas Administrative Code (TAC) §355.105(g), which require
public notice and hearings on proposed Medicaid reimbursements. This
notice of the proposed payment rates is given under Human Resources
Code §32.0282(b) and 1 TAC §355.201(e). The public hearing
will be held in the Lone Star Conference Room of the Texas Health
and Human Services Commission, Braker Center, Building H, located
at 11209 Metric Boulevard, Austin, Texas. Entry is through Security
at the main entrance of the building, which faces Metric Boulevard.
Persons requiring Americans with Disability Act (ADA) accommodation
or auxiliary aids or services should contact Meisha Scott by calling
(512) 491-1445, at least 72 hours prior to the hearing so appropriate
arrangements can be made.
Proposal. HHSC proposes to adjust
the payment rates for the programs and services listed above, except
CWP, to account for changes in economic factors such as the new federal
minimum wage. The minimum wage will increase $0.70 from the current
$6.55 per hour to $7.25 per hour on July 24, 2009. The proposed payment
rates will be effective from August 1, 2009, through August 31, 2009.
HHSC proposes to adjust the payment rates for non-Consumer Directed
Services in CWP to account for changes in economic factors such as
the new federal minimum wage. The proposed payment rates will be effective
beginning August 1, 2009.
Finally, HHSC proposes rates for Consumer Directed Services in
CWP effective September 1, 2009. DADS is implementing Consumer Directed
Services in CWP effective September 1, 2009.
Methodology and Justification. The
proposed payment rates for all services listed above except PCS and
Consumer Directed Services in CWP were determined in accordance with
the rate setting methodology codified at 1 TAC §355.109, relating
to Adjusting Reimbursement When New Legislation, Regulations or Economic
Factors Affect Cost. The proposed payment rates reflect changes in
economic factors due to the new federal minimum wage level.
The proposed payment rates for ESPDT PCS were calculated in accordance
with the rate setting methodology codified at 1 TAC §355.8441(12)(B),
Reimbursement Methodologies for Early and Periodic Screening, Diagnosis
and Treatment (EPSDT) Services, which addresses the reimbursement
methodology for PCS under the EPSDT Program. These proposed payment
rates also reflect the changes in economic factors due to the new
federal minimum wage level.
The proposed payment rates for Consumer Directed Services in CWP
were determined in accordance with the rate setting methodology codified
at 1 TAC §355.506, relating to Reimbursement Methodology for
Consolidated Waiver Program, 1 TAC §355.114, relating to Consumer
Directed Services Payment Option, and 1 TAC §355.109, relating
to Adjusting Reimbursement When New Legislation, Regulations or Economic
Factors Affect Cost. DADS is implementing Consumer Directed Services
in CDS effective September 1, 2009, and requires payment rates before
the service can be implemented.
Briefing Package. A briefing package
describing the proposed payment rates will be available on or after
July 28, 2009. Interested parties may obtain a copy of the briefing
package prior to the hearing by contacting Meisha Scott by telephone
at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at meisha.scott@hhsc.state.tx.us.
The briefing package also will be available at the public hearing.
Written Comments. Written comments
regarding the proposed payment rates may be submitted in lieu of,
or in addition to, oral testimony until 5:00 p.m. the day of the hearing.
Written comments may be sent by U.S. mail to the attention of Meisha
Scott, Texas Health and Human Services Commission, Rate Analysis,
Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax
to Meisha Scott at (512) 491-1998; or by e-mail to meisha.scott@hhsc.state.tx.us.
In addition, written comments may be sent by overnight mail or hand
delivered to Meisha Scott, HHSC, Rate Analysis, Mail Code H-400, Braker
Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
Persons with disabilities who wish to attend the hearing and require
auxiliary aids or services should call Rate Analysis at (512) 491-1445
at least 72 hours before the hearing so appropriate arrangements can
be made.
TRD-200902901
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 15, 2009
The Texas Health and Human Services Commission (HHSC) announces
its intent to submit an amendment of the State of Texas Access Reform
PLUS (STAR+PLUS) program. HHSC received two Medicaid waivers to operate
the STAR+PLUS program, a 1915(b) waiver and a 1915(c) waiver. This
amendment affects only the 1915(b) waiver. The amendment would add
adult preventive services as a benefit for all eligible adults to
the Texas State Plan for Medical Assistance under Title XIX of the
Social Security Act. As a result, the annual check-ups for adults
will be covered through the State Plan and will no longer need to
be included as an additional benefit (b)(3) service in the STAR+PLUS
(b) waiver.
STAR+PLUS is designed for Texans who are elderly or who have a
physical or mental disability and qualify for SSI benefits or for
Medicaid due to low income to integrate delivery of acute and long-term
care services through a managed care system. The program serves approximately
180,000 SSI and SSI-related aged and disabled Medicaid recipients
in Atascosa, Bexar, Comal, Guadalupe, Kendall, Medina, and Wilson
Counties (Bexar Service Area); Brazoria, Fort Bend, Galveston, Harris,
Montgomery, and Waller counties (Harris/Harris Expansion Service Area);
Aransas, Bee, Calhoun, Jim Wells, Kleberg, Nueces, Refugio, San Patricio,
and Victoria counties (Nueces Service Area); and Bastrop, Burnet,
Caldwell, Hays, Lee, Travis, and Williamson counties (Travis Service
Area). The current waiver is scheduled to expire August 31, 2010.
This amendment will not change the cost effectiveness of the waiver.
HHSC is requesting that the waiver amendment be approved effective
December 6, 2009 through August 31, 2010.
To obtain copies of the proposed waiver, interested parties may
contact Christine Longoria, Texas Health and Human Services Commission,
P.O. Box 85200, mail code H-620, Austin, Texas 78708-5200, phone (512)
491-1152, fax (512) 491-1953, or by e-mail christine.longoria@hhsc.state.tx.us.
TRD-200902813
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 8, 2009
The Texas Health and Human Services Commission (HHSC) announces
its intent to submit an amendment of the State of Texas Access Reform
program, a 1915(b) waiver program, to the Texas State Plan for Medical
Assistance under Title XIX of the Social Security Act as a result
of this amendment, the annual check-ups for adults will be covered
through the State Plan and will no longer need to be included as an
additional benefit (b)(3) service in the STAR waiver.
The STAR program exists in Bexar, Dallas, El Paso, Harris, Harris
Expansion, Lubbock, Nueces, Tarrant and Travis Service Areas. These
9 service areas consist of 52 counties. The principle objectives of
the STAR program are early intervention and improved access to quality
care, with a special focus on prenatal and well-child care, resulting
in improved health outcomes for Medicaid recipients who receive cash
assistance (Temporary Assistance for Needy Families (TANF), pregnant
women and recipients with limited income with a special focus on prenatal
and well-child care.
The current waiver is scheduled to expire June 30, 2010. This amendment
will not change the cost effectiveness of the waiver.
HHSC is requesting that the waiver amendment be approved effective
December 6, 2009, through June 30, 2010.
To obtain copies of the proposed waiver, interested parties may
contact Christine Longoria, Texas Health and Human Services Commission,
P.O. Box 85200, mail code H-620, Austin, Texas 78708-5200, phone (512)
491-1152, fax (512) 491-1953, or by e-mail christine.longoria@hhsc.state.tx.us.
TRD-200902814
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 8, 2009
The Texas Health and Human Services Commission announces its intent
to submit an amendment to the Texas State Plan for Medical Assistance
under Title XIX of the Social Security Act. The purpose of this amendment
is to clarify reasonable limits on the deduction from income of medical
expenses for amounts for necessary medical or remedial care not covered
under Medicaid. The proposed amendment is effective August 1, 2009.
The proposed amendment will have no fiscal impact on either the
state or federal budgets.
To obtain copies of the proposed amendment, interested parties
may contact Graciela Reyna by mail at the Texas Health and Human Services
Commission, P.O. Box 12668, Mail Code 2090, Austin, Texas 78711-2668;
by telephone at (512) 206-4778; by facsimile at (512) 206-5211; or
by e-mail at graciela.reyna@hhsc.state.tx.us. Copies of the proposal
will also be made available for public review at the local offices
of the Texas Department of Aging and Disability Services.
TRD-200902829
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 10, 2009
Announcement of a Request for Proposal from Investment Banking Firms for Single Family Mortgage Revenue Bond Issues
The Texas Department of Housing and Community Affairs (TDHCA) is
issuing this request for proposal (RFP) from investment banking firms
interested in providing investment banking services from time to time
as Senior Manager or Co-Manager for one or more of its proposed single
family mortgage revenue bond new issues and/or refundings. TDHCA desires
to revise its list of approved underwriters from which to select its
underwriting team for specific municipal bond issues as financing
opportunities arise. TDHCA reserves the right to select a team for
any particular financing project, from the approved list of Senior
Managers and Co-Managers with any combination or number of participants.
Responses to the RFP must be received at TDHCA no later than 4:00
p.m. C.D.T. on Friday, August 7, 2009. To obtain a copy of the RFP,
please email your request to the attention of Heather Hodnett at heather.hodnett@tdhca.state.tx.us
or visit the Bond Finance Division web page at www.tdhca.state.tx.us.
TRD-200902899
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: July 15, 2009
The Texas Department of Housing and Community Affairs (the Department)
is requesting proposals to provide a Training and Technical Assistance
Academy (Training Academy) for the Weatherization Assistance Program
(WAP). Under the American Recovery and Reinvestment Act of 2009, the
Department will receive $326,975,732 in additional funding for WAP
for a three-year period. As part of the Texas WAP Plan submitted to
the U.S. Department of Energy, the Department is exploring the development
of a Training Academy for subrecipient, subcontractor and Department
staff.
For more information, see the Request for Proposals (RFP) at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=83744.
Responses to the RFP are due to the Department on August 7, 2009.
TRD-200902891
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: July 15, 2009
Instant Game Number 1211 "Gold Bar Bonanza"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1211 is "GOLD BAR BONANZA". The
play style is "key number match with multipliers".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1211 shall be $10.00 per ticket.
1.2 Definitions in Instant Game No. 1211.
A. Display Printing - That area of the instant game ticket outside
of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the
Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front
of the instant ticket that is used to determine eligibility for a
prize. Each Play Symbol is printed in Symbol font in black ink in
positive except for dual-image games. The possible black play symbols
are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18,
19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35,
36, 37, 38, 39, 40, GOLD BAR SYMBOL, 1X SYMBOL, 2X SYMBOL, 5X SYMBOL,
10X SYMBOL, $10.00, $20.00, $25.00, $50.00, $100, $200, $500, $1,000,
$2,500, $25,000, and $100,000.
D. Play Symbol Caption - The printed material appearing below each
Play Symbol which explains the Play Symbol. One caption appears under
each Play Symbol and is printed in caption font in black ink in positive.
The Play Symbol Caption which corresponds with and verifies each Play
Symbol is as follows:
Figure 1: GAME NO. 1211 - 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 $10.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00, $100, $200, or $500.
H. High-Tier Prize - A prize of $1,000, $2,500, $25,000, or $100,000.
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 (1211), a seven (7) digit pack number,
and a three (3) digit ticket number. Ticket numbers start with 001
and end with 050 within each pack. The format will be: 1211-0000001-001.
K. Pack - A pack of "GOLD BAR BONANZA" Instant Game tickets contains
050 tickets, packed in plastic shrink-wrapping and fanfolded in pages
of one (1). Ticket back 001 and 050 will both be exposed.
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
"GOLD BAR BONANZA" Instant Game No. 1211 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 "GOLD BAR BONANZA" Instant Game
is determined once the latex on the ticket is scratched off to expose
34 (thirty-four) Play Symbols. If a player matches any of YOUR NUMBERS
play symbols to any of the GOLDEN NUMBERS play symbols, the player
wins PRIZE shown for that number. If a player reveals a "gold bar"
play symbol, the player wins the PRIZE shown for that symbol instantly.
BONUS AREA: If the player reveals a 2X, 5X, or 10X play symbol in
the BONUS AREA, the player multiplies their total winnings by that
amount. No portion of the display printing nor any extraneous matter
whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 34 (thirty-four) 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
34 (thirty-four) 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 34 (thirty-four) Play Symbols must be exactly one
of those described in Section 1.2.C of these Game Procedures;
17. Each of the 34 (thirty-four) Play Symbols on the ticket must
be printed in the Symbol font and must correspond precisely to the
artwork on file at the Texas Lottery; the ticket Serial Numbers must
be printed in the Serial font and must correspond precisely to the
artwork on file at the Texas Lottery; and the Pack-Ticket Number must
be printed in the Pack-Ticket Number font and must correspond precisely
to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every
respect and correspond precisely to the artwork on file at the Texas
Lottery; and
19. The ticket must have been received by the Texas Lottery by
applicable deadlines.
B. The ticket must pass all additional validation tests provided
for in these Game Procedures, the Texas Lottery's Rules governing
the award of prizes of the amount to be validated, and any confidential
validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However,
the Executive Director may, solely at the Executive Director's discretion,
refund the retail sales price of the ticket. In the event a defective
ticket is purchased, the only responsibility or liability of the Texas
Lottery shall be to replace the defective ticket with another unplayed
ticket in that Instant Game (or a ticket of equivalent sales price
from any other current Instant Lottery game) or refund the retail
sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets in a pack will not have identical
play data, spot for spot.
B. The "GOLD BAR" (auto-win) play symbol will only appear once
on winning tickets.
C. No more than four (4) matching non-winning prize symbols will
appear on a ticket.
D. No duplicate GOLDEN NUMBERS play symbols on a ticket.
E. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
F. Non-winning prize symbols will never be the same as the winning
prize symbol(s).
G. No prize amount in a non-winning spot will correspond with the
YOUR NUMBERS play symbol (i.e., 10 and $10).
H. The 2X (win x 2), 5X (win x 5) and 10X (win x 10) BONUS AREA
play symbols will only appear on winning tickets as dictated by the
prize structure.
I. The 1X BONUS AREA play symbol will appear on all winning tickets
that do not utilize the 2X (win x 2), 5X (win x 5) and 10X (win x
10) BONUS AREA play symbols.
J. The top prize symbol will appear on every ticket unless otherwise
restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "GOLD BAR BONANZA" Instant Game prize of $10.00,
$20.00, $50.00, $100, $200, or $500, a claimant shall sign the back
of the ticket in the space designated on the ticket and present the
winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer
shall verify the claim and, if valid, and upon presentation of proper
identification, if appropriate, make payment of the amount due the
claimant and physically void the ticket; provided that the Texas Lottery
Retailer may, but is not required, to pay a $50.00, $100, $200, or
$500 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 "GOLD BAR BONANZA" Instant Game prize of $1,000,
$2,500, $25,000, or $100,000, 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 "GOLD BAR BONANZA" 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;
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 "GOLD BAR BONANZA" 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 "GOLD BAR BONANZA" Instant Game,
the Texas Lottery shall deposit the amount of the prize in a custodial
bank account, with an adult member of the minor's family or the minor's
guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be
claimed within 180 days following the end of the Instant Game or within
the applicable time period for certain eligible military personnel
as set forth in Texas Government Code §466.408. Any prize not
claimed within that period, and in the manner specified in these Game
Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based
on the number of tickets ordered. The number of actual prizes available
in a game may vary based on number of tickets manufactured, testing,
distribution, sales, and number of prizes claimed. An Instant Game
ticket may continue to be sold even when all the top prizes have been
claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion
of an Instant Game ticket in the space designated, a ticket shall
be owned by the physical possessor of said ticket. When a signature
is placed on the back of the ticket in the space designated, the player
whose signature appears in that area shall be the owner of the ticket
and shall be entitled to any prize attributable thereto. Notwithstanding
any name or names submitted on a claim form, the Executive Director
shall make payment to the player whose signature appears on the back
of the ticket in the space designated. If more than one name appears
on the back of the ticket, the Executive Director will require that
one of those players whose name appears thereon be designated by such
players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen
Instant Game tickets and shall not be required to pay on a lost or
stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately
5,040,000 tickets in the Instant Game No. 1211. The approximate number
and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or
decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any
time, announce a closing date (end date) for the Instant Game No.
1211 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. 1211, 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-200902830
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 10, 2009
A public hearing to receive public comments regarding proposed
new 16 TAC §401.317 relating to Terminal Printed Instant Game
Rule, proposed amendments to 16 TAC §401.301 relating to General
Definitions, and proposed amendments to §401.302 relating to
Instant Game Rules, will be held on Wednesday, August 5, 2009, at
2:00 p.m. at the Texas Lottery Commission, Commission Auditorium,
First Floor, 611 E. Sixth Street, Austin, Texas 78701. Persons requiring
any accommodation for a disability should notify Michelle Guerrero,
Executive Assistant to the General Counsel, and Texas Lottery Commission
at (512) 344-5113 at least 72 hours prior to the public hearing.
TRD-200902827
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 9, 2009
Notice of Proposed Real Estate Transactions and Opportunity for Public Comment
Land Exchange
Caddo Lake State Park - Harrison County
In a meeting on August 27, 2009, the Texas Parks and Wildlife Commission
(the Commission) will consider trading approximately one acre of land
for one acre of land at 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 Will Rogers Memorial Center, Amon G.
Carter Jr. Exhibits Hall, South Texas Room/Cactus Room Area, 3400
Burnett Tandy Drive, Fort Worth, Texas 76107. 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.
Acquisition of Conservation Easement
San Jacinto Battleground State Historic Site - Harris County
In a meeting on August 27, 2009, the Commission will consider accepting
the donation of a conservation easement on approximately 13.3 acres
adjacent to the San Jacinto Battleground State Historic Site in Harris
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 Will Rogers Memorial Center,
Amon G. Carter Jr. Exhibits Hall, South Texas Room/Cactus Room Area,
3400 Burnett Tandy Drive, Fort Worth, Texas 76107. 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-200902895
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Filed: July 15, 2009
Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application
on July 10, 2009, for an amendment to a state-issued certificate of
franchise authority (CFA), pursuant to §§66.001 - 66.016
of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Time Warner Cable for
an Amendment to its State-Issued Certificate of Franchise Authority,
Project Number 37213 before the Public Utility Commission of Texas.
The requested amendment is to expand the service area footprint
to include the City Limits of Grapevine, Texas.
Information on the application may be obtained by contacting the
Public Utility Commission of Texas by mail at P.O. Box 13326, Austin,
Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477.
Hearing and speech-impaired individuals with text telephone (TTY)
may contact the commission at (512) 936-7136 or toll free at (800)735-2989.
All inquiries should reference Project Number 37213.
TRD-200902880
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 14, 2009
The Public Utility Commission of Texas (commission) received an
application on July 10, 2009, for an amendment to a state-issued certificate
of franchise authority (CFA), pursuant to §§66.001 - 66.016
of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Cebridge Acquisition,
L.P. d/b/a Suddenlink Communications for an Amendment to its State-Issued
Certificate of Franchise Authority, Project Number 37216 before the
Public Utility Commission of Texas.
The requested amendment is to expand the service area footprint
to include the City Limits of Oakridge and Whitehouse, Texas.
Information on the application may be obtained by contacting the
Public Utility Commission of Texas by mail at P.O. Box 13326, Austin,
Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477.
Hearing and speech-impaired individuals with text telephone (TTY)
may contact the commission at (512) 936-7136 or toll free at (800)
735-2989. All inquiries should reference Project Number 37216.
TRD-200902881
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 14, 2009
The Public Utility Commission of Texas received an application
on July 10, 2009, for an amendment to a state-issued certificate of
franchise authority (CFA), pursuant to §§66.001 - 66.016
of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Time Warner Cable for
an Amendment to its State-Issued Certificate of Franchise Authority,
Project Number 37217 before the Public Utility Commission of Texas.
The requested amendment is to expand the service area footprint
to include the City Limits of Robinson, Texas.
Information on the application may be obtained by contacting the
Public Utility Commission of Texas by mail at P.O. Box 13326, Austin,
Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477.
Hearing and speech-impaired individuals with text telephone (TTY)
may contact the commission at (512) 936-7136 or toll free at (800)735-2989.
All inquiries should reference Project Number 37217.
TRD-200902883
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 14, 2009
Notice is given to the public of an application filed with the
Public Utility Commission of Texas on July 9, 2009, for designation
as an eligible telecommunications carrier (ETC) and application for
relinquishment of ETC designation pursuant to P.U.C. Substantive Rule §26.418.
Docket Title and Number: Application of Telenational Communications,
Inc. for Designation as an ETC in Areas Served by Cedar Valley Communications
and Application of Cedar Valley Communications for Relinquishment
of its ETC Designation. Docket Number 37205.
The Application: Telenational Communications, Inc. is requesting
designation as an ETC in those areas in which Cedar Valley Communications
currently is designated as an ETC. Simultaneously, Cedar Valley Communications
requests relinquishment of its ETC designation in those areas in which
it is currently so designated effective on the date of its merger
into Telenational Communications, Inc.
Persons who wish to comment upon the action sought should contact
the Public Utility Commission of Texas by August 13, 2009. Requests
for further information should be mailed to the Public Utility Commission
of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call
the Public Utility Commission's Customer Protection Division at (512)
936-7120 or (888) 782-8477. Hearing and speech-impaired individuals
with text telephones (TTY) may contact the commission at (512) 936-7136
or use Relay Texas (800) 735-2989 to reach the commission's toll free
number (888) 782-8477. All comments should reference Docket Number
37205.
TRD-200902879
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 14, 2009
Notice is given to the public of the filing with the Public Utility
Commission of Texas of an application on July 7, 2009, for a service
provider certificate of operating authority (SPCOA), pursuant to §§54.151
- 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Public Wireless, Inc. for
a Service Provider Certificate of Operating Authority, Docket Number
37190 before the Public Utility Commission of Texas.
Applicant intends to provide transport of radio signals for wireless
carriers.
Applicant's requested SPCOA geographic area includes the entire
state of Texas.
Persons who wish to comment upon the action sought should contact
the Public Utility Commission of Texas by mail at P.O. Box 13326,
Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free
at 1-888-782-8477 no later than July 29, 2009. Hearing and speech-impaired
individuals with text telephone (TTY) may contact the commission at
(512) 936-7136 or toll free at 1-800-735-2989. All comments should
reference Docket Number 37190.
TRD-200902837
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 13, 2009
Notice is given to the public of the filing with the Public Utility
Commission of Texas (commission) of an application on July 10, 2009,
to amend a certificate of convenience and necessity for a proposed
transmission line in Uvalde and Medina Counties, Texas.
Docket Style and Number: Application of Electric Transmission Texas,
LCC to Amend a Certificate of Convenience and Necessity to Construct
a Proposed Uvalde to Castroville 138 kV Transmission Line within Uvalde
and Medina Counties, Texas. Docket Number 36978.
The Application: The application of Electric Transmission Texas,
LCC (ETT) for a proposed transmission line is designated the Uvalde
to Castroville 138 kV Transmission Line Project. ETT stated the proposed
transmission line is a joint project between ETT and CPS Energy. This
project is recommended by the Electric Reliability Council of Texas
(ERCOT) and involves the construction of a new 138 kV double-circuit
capable transmission line between the existing AEP Texas Central Company's
Uvalde Substation and the existing CPS Energy Castroville Substation.
ETT will own, construct, operate, and maintain the portion of the
project from the Uvalde Substation to the interconnection point with
CPS Energy's portion of the project. This application refers to ETT's
portion of the project only. The miles of right-of-way for this project
will be approximately 70.44 miles (preferred route). The estimated
date to energize facilities is April 2012.
Persons wishing to intervene or comment on the action sought should
contact the Public Utility Commission of Texas by mail at P.O. Box
13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or
toll-free at 1-888-782-8477. The deadline for intervention in this
proceeding is August 24, 2009. Hearing and speech-impaired individuals
with text telephone (TTY) may contact the commission at (512) 936-7136
or use Relay Texas (toll-free) 1-800-735-2989. All comments should
reference Docket Number 36978.
TRD-200902878
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 14, 2009
On July 10, 2009, AEP Texas North Company (TNC), AEP Texas Central
Company (TCC), Electric Transmission Texas, LLC (ETT), Sharyland Utilities,
LP (Sharyland), LCRA Transmission Services Corporation (LCRA TSC),
and Texas-New Mexico Power Company (TNMP) (Petitioners) filed a petition
for rulemaking requesting that the commission initiate a rulemaking
proceeding to make changes to its cost recovery rules for transmission
service providers (TSPs) in the Electric Reliability Council of Texas
(ERCOT). According to the Petitioners, these changes would provide
TSPs more timely recovery of their transmission investments, under §35.004(d)
of the Public Utility Regulatory Act, Texas Utilities Code §§11.001
- 66.016 (Vernon 2007 and Supp. 2008) (PURA).
Specifically, Petitioners propose changes to the cost recovery
rules so that: 1) allowed interim transmission cost of service (TCOS)
filings are increased from once annually to no more than twice per
calendar year; and 2) interim TCOS cases will be eligible for administrative
approval and, if uncontested, shall be approved by the administrative
law judge (ALJ) without the need for an order from the Commissioners.
The new rates would take effect on the ALJ's approval.
The Petitioners assert that the proposed changes are projected
to both reduce costs to consumers and help alleviate the adverse financial
effects on TSPs that result when new transmission assets are not reflected
in rates until well after they enter service. These changes allegedly
will also help more closely align the TSPs' effective returns on investment
to their allowed returns. The Petitioners feel that achieving these
objectives is especially important because the TSPs will undertake
substantial transmission construction over the next five to ten years,
including the build-out of the competitive renewable energy zone (CREZ)
projects required by the Legislature.
The petition is assigned Project Number 37221 -
Petition for Rulemaking to Amend Cost Recovery
Rules for Transmission Service Providers in ERCOT. Under the
Administrative Procedure Act, Texas Government Code §2001.021,
the commission shall either deny the petition in writing, stating
its reasons for denial, or initiate a rulemaking proceeding not later
than the 60th day after the date the petition is filed.
Comments on the petition may be filed no later than 3:00 p.m. on
Friday, August 14, 2009. The commission requests specific comments
on the commission's authority to adopt such a rule. Copies of the
petition may be obtained from the commission's Central Records Division,
William B. Travis Building, 1701 North Congress Avenue, P.O. Box 13326,
Austin, Texas 78711-3326, or through the Interchange on the commission's
web site at www.puc.state.tx.us. All inquiries and comments concerning
this petition for rulemaking should refer to Project Number 37221.
Questions regarding this notice of petition should be directed
to Mick Long, Attorney, Legal Division, at (512) 936-7294. 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.
TRD-200902892
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 15, 2009
The staff of the Public Utility Commission of Texas (commission)
request comments regarding a strawman rule which repeals and amends
Chapter 26, Subchapter D, §26.89, relating to Information Regarding
Rates and Services of Nondominant Carriers and all rules under Subchapter
E, relating to Certification, Licensing and Registration. Project
Number 35246, Rulemaking Regarding P.U.C.
Substantive Rules, Chapter 26, Subchapter D, §26.89 and Subchapter
E, §§26.101, 26.102, 26.103, 26.107, 26.109, 26.111, 26.113,
and 26.114, has been assigned to this proceeding.
The commission staff strawman rule will be filed in Central Records
under Project Number 35246 by Friday, July 24, 2009. The commission
requests interested persons file written comments on this strawman rule.
Responses may be filed by submitting 16 copies to the commission's
Filing Clerk, Public Utility Commission of Texas, 1701 North Congress
Avenue, P.O. Box 13326, Austin, Texas 78711-3326 by Friday, August
14, 2009, and reply comments may be filed by Friday, August 21, 2009.
All responses should reference Project Number 35246.
Questions concerning the comments or this notice should be referred
to Shelah J. Cisneros, Legal Division, (512) 936-7265. Hearing and
speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136.
TRD-200902893
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 15, 2009
The staff of the Public Utility Commission of Texas (commission)
will hold a workshop at 9:00 a.m. on Monday, August 24, 2009, in Hearing
Room A, located on the 7th floor of the William B. Travis Building,
1701 North Congress Avenue, Austin, Texas, regarding modifications
to its Power to Choose website. Project Number 37189,
Improved Customer Information on Distributed Generation,
has been established for this proceeding. As directed by the
81st Legislature, the commission will be expanding the Power to Choose
website to include educational materials on distributed renewable
generation (DRG), easily comparable information about whether and
at what rates retail electric providers have offers for the purchase
of DRG out-flows, and information about renewable energy credit marketers
and the contract terms they offer. The commission shall also make
available on the website information about DRG rebates and tax incentives
offered by utilities, the state of Texas, and the federal government.
Questions concerning the workshop or this notice should be referred
to David Smithson, Retail Market Analyst, Competitive Markets Division,
(512) 936-7156. Hearing and speech-impaired individuals with text
telephones (TTY) may contact the commission at (512) 936-7136.
TRD-200902894
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 15, 2009
The staff of the Public Utility Commission of Texas (commission)
requests comments regarding its new form for Application for, or Amendment
to, a Retail Electric Provider (REP) Certification pursuant to new
P.U.C. Substantive Rule §25.107, regarding Certification of Retail
Electric Providers (REPs). The commission intends for the form to
conform to new P.U.C. Substantive Rule §25.107, to reduce confusion
for applicants, and to assist commission staff in its review of REP
certification applications and amendments. Project No. 37053,
Interim and Final Approval of Retail Electric Provider
(REP) Certification Form and REP Annual Report, has been established
for this proceeding.
Comments may be filed by submitting 16 copies no later than 3:00
p.m., Monday, August 24, 2009, to the Filing Clerk, Public Utility
Commission of Texas, 1701 North Congress Avenue, Austin, Texas 78711-3326.
All comments should reference Project No. 37053.
Questions concerning Project Number 37053 should be referred to
Ms. Janis Ervin, Infrastructure and Reliability Division, (512) 936-7372
or Mr. Patrick Peters, Legal Division, (512) 936-7232. Hearing and
speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136.
TRD-200902862
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 13, 2009
The staff of the Public Utility Commission of Texas (commission)
has initiated a proceeding to conduct a rulemaking relating to the
obligations of telephone and electric service providers (provider)
under the Texas Prompt Payment Act, Texas Government Code §2251.001
et seq (PPA). Project Number 36260,
Rulemaking Relating to the Obligations of Telephone
and Electric Service Providers Under the Texas Prompt Payment Act, has
been established for this proceeding. Commission staff requests interested
persons to comment on the following questions.
1. Should the commission amend P.U.C. Substantive Rule §§26.27(a)(2),
26.27(b)(2), 25.28(b) and 25.480(c) to require notice by the customer
to its provider that it is eligible for PPA billing?
a. If yes, what form should this notice take?
b. If no, should the commission amend P.U.C. Substantive Rule §§26.27(a)(2),
26.27(b)(2), 25.28(b) and 25.480(c) to require a provider to inquire
as to whether a customer is eligible for PPA billing? If yes, what
form of proof should be required from the customer?
2. Should the commission amend P.U.C. Substantive Rule §§26.27(a)(2),
26.27(b)(2), 25.28(b), and 25.480(c) to include a requirement that
the customer dispute an incorrect invoice from a utility as required
by the PPA?
Responses and comments may be filed by submitting 16 copies to
the commission's Filing Clerk, Public Utility Commission of Texas,
1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326.
Initial responses and comments will be accepted no later than Friday,
August 14, 2009 (21 days of the date of publication of this notice);
reply responses and comments will be accepted no later than Friday,
August 21, 2009 (28 days of the publication of this notice). All comments
should reference Project Number 36260.
Questions concerning this request for comments should be referred
to Susan E. Goodson, Attorney, Legal Division, (512) 936-7292. Hearing
and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936-7136.
TRD-200902877
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 14, 2009
Notice of Applications for Designation as a "Texas Star Builder"
The Texas Residential Construction Commission (commission) adopted
rules regarding the procedures for designation as a "Texas Star Builder"
at 10 TAC §303.300. The rules were adopted pursuant to §416.011,
Property Code (Act effective September 1, 2003), which provides that
the commission shall establish rules and procedures through which
a builder can be designated as a "Texas Star Builder." The commission
rules for application for designation can be found on the commission's
website at www.trcc.state.tx.us.
10 TAC §303.300(i)(2) requires the commission to publish in
the Texas Register notice of the application
of each person seeking to become designated as a "Texas Star Builder"
registered under this subchapter. The commission will accept public
comment on each application for twenty-one (21) days after the date
of publication of the notice. Information provided in response to
this notice will be utilized in evaluating the applicants for approval.
The "Texas Star Builder" designation requires that a builder or remodeler
demonstrate that its education, experience and commitment to professionalism
sets the builder or remodeler apart from its peers and offers some
assurance to its customers that its quality of service and construction
will be above average.
Pursuant to 10 TAC §303.300(i)(2), the commission hereby notices
the application(s) for designation as a "Texas Star Builder" of:
Meyerson Custom Homes, LP, 115 East North Main Street, Flatonia,
Texas 78941. Meyerson Custom Homes, LP holds TRCC builder registration
#2197. The applicant's registered agent is Sanford Meyerson.
Affordable Homes of South Texas, Inc., 1420 Erie Avenue, McAllen,
Texas 78501; Affordable Homes of South Texas, Inc. holds TRCC builder
registration certificate #6146. The applicant's registered agent is
Robert Calvillo.
Interested persons may send written comments regarding this application
to Susan K. Durso, General Counsel, The Texas Residential Construction
Commission, P.O. Box 13509, Austin, TX 78711-3509. Comments regarding
this application will be accepted for twenty-one (21) days following
the date of publication of this notice in the Texas
Register. Thereafter, the comments will not be considered as
timely filed.
TRD-200902816
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Filed: July 9, 2009
Request for Proposal
The Rio Grande Council of Governments (RGCOG) seeks to contract
with a firm/consultant to provide professional services for Human
Resources. A copy of the RGCOG Request for Proposals may be obtained
with a written request via email or fax attn: Mary Alvarado, RGCOG
Executive Secretary, email: marya@riocog.org or fax at (915) 532-9385.
Completed proposals must be received by the RGCOG no later than
5:00 p.m. MDT on July 27, 2009 in order to be considered. RGCOG reserves
the right to negotiate with any and all consultants or firms that
submit proposals as per the Government Code, Chapter 2254.
The RGCOG is an Affirmative Action/Equal Opportunity Employer.
Annette Gutierrez
Executive Director
Rio Grande Council of Governments
(915) 533-0998, ext. 114
1100 N. Stanton, Suite 610
El Paso, TX 79902
TRD-200902852
Annette Gutierrez
Executive Director
Rio Grande Council of Governments
Filed: July 13, 2009
Notice of Intent - United States Highway (US) 281, Bexar County, Texas
Pursuant to 43 TAC §2.5(e)(2), the Texas Department of Transportation
(department), in cooperation with the Federal Highway Administration
(FHWA) and Alamo Regional Mobility Authority (Alamo RMA), is issuing
this notice to advise the public that an Environmental Impact Statement
(EIS) will be prepared for a proposed transportation project. The
scope of the project is United States Highway (US) 281 from Loop (LP)
1604 to Borgfeld Road, about 7.5 miles, in Bexar County, Texas. Areas
within the city of San Antonio are included in the study area.
US 281 within the project limits is listed in the San Antonio-Bexar
County Metropolitan Planning Organization (SA-BCMPO) Mobility 2030
Plan (the long-range transportation plan) as a six-lane tolled facility;
other solutions for improving mobility within the US 281 corridor
may be identified in future updates and/or amendments to the long-range
transportation plan. The existing facility is a four-to-six-lane non-toll
divided arterial with partial access controls. The need for improvements
to US 281 has resulted from a historic and continuing trend in population
and employment growth within the project corridor and surrounding
areas. This growth has generated increasing levels of vehicle miles
traveled, leading to higher levels of traffic congestion, vehicle
crashes, and declining community quality of life. Without additional
transportation improvements it is anticipated that this population
and employment growth will result in increased levels of vehicular
traffic, crashes, and travel delays. Without improvements, accessibility
within the corridor is anticipated to become increasingly reduced,
its functionality as part of a regional transportation system would
decline, and the overall community quality of life would diminish.
The objectives of US 281 corridor improvements are to improve mobility,
enhance safety, and improve community quality of life.
The EIS will evaluate potential impacts from construction and operation
of the project, including, but not limited to, the following: impacts
or potential displacements to residents and businesses; detours; air
and noise impacts from construction equipment, and operation of the
project; water quality impacts from the construction area and from
roadway storm water runoff; impacts to waters of the United States;
impacts to historic and archeological resources; impacts to floodplains;
impacts to socio-economic resources (including environmental justice
and limited English proficiency populations); indirect impacts; cumulative
impacts; land use; vegetation; wildlife; and aesthetic and visual
resources.
The Alamo RMA will consider several alternatives intended to satisfy
the identified need and purpose. The alternatives will include the
no-build alternative, Transportation System Management/Transportation
Demand Management, mass transit, and roadway build alternatives. The
roadway build alternatives may include limited access and non-limited
access designs, and toll and non-toll lanes.
The project may require the following approvals by the federal
government: United States Army Corps of Engineers (USACE) Section
404; Section 401 Water Quality Certification; and National Pollutant
Discharge Elimination System (NPDES). The actual approvals required
may change after the Alamo RMA completes field surveys, conducts public
involvement activities, and recommends a preferred alternative for
the project.
A scoping meeting is an opportunity for participating agencies,
cooperating agencies, and the public to be involved in defining the
need and purpose for the proposed project, to assist in determining
the range of alternatives for consideration in the draft EIS, and
to comment on methodologies to evaluate alternatives. Public scoping
meetings are planned for late summer and fall of 2009. The Alamo RMA
will publish notice that scoping meetings will be held. The notice
will be published in newspapers of general circulation in the project
area at least 30 days prior to the meetings, and again approximately
10 days prior to the meetings.
The Alamo RMA will complete the procedures for public participation
and, in coordination with the department, complete the procedures
for coordination with other agencies as described in one or both of
the National Environmental Policy Act and state law. In addition to
scoping meetings, the Alamo RMA will hold a series of meetings to
solicit public comment during the environmental review process. They
will be held during appropriate phases of the project development
process. Public notices will be given stating the date, time, and
location of the meeting or hearing and will be published in English
as well as Spanish. Provision will be made for those with special
communication needs, including translation if requested. The Alamo
RMA will also send correspondence to federal, state, and local agencies,
and to organizations and individuals who have previously expressed
or are known to have an interest in the project, which will describe
the proposed project and solicit comments. The Alamo RMA and department
invite comments and suggestions from all interested parties to ensure
that the full range of issues related to the proposed project are
identified and addressed. Comments or questions should be directed
to the Alamo RMA and department at the addresses set forth below.
A proposed schedule for completion of the environmental review
process is not available.
Alamo RMA Contact: Lisa Adelman, Legal Counsel to the Alamo RMA,
1222 N. Main Avenue, 10th Floor, San Antonio, Texas 78212; phone (210)
495-5499.
Department Contact: Dianna F. Noble, P.E., Director of Environmental
Affairs Division, Texas Department of Transportation, 125 East 11th
Street, Austin, Texas 78701; phone (512) 416-2734.
TRD-200902897
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: July 15, 2009
The Texas Department of Transportation (department) will conduct
public hearings to receive comments on a proposed restriction initiated
by the department establishing lane use restrictions for certain classes
of vehicles on the following highways:
1. Interstate Highway 20 in Tarrant, Dallas and Kaufman Counties
from United States Highway 377 in the city of Fort Worth to Farm to
Market Road 740 in the city of Mesquite;
2. Interstate Highway 30 in Tarrant County from Dale Lane in the
city of Fort Worth to Farm to Market Road 157 in the city of Arlington;
3. Interstate Highway 820 in Tarrant County from Westpoint Boulevard
in the city of Fort Worth to Interstate Highway 20 in the city of
Fort Worth; and
4. Interstate Highway 45 in Dallas and Ellis Counties from Interstate
Highway 30 in the city of Dallas to Farm to Market Road 3413 in the
city of Ennis.
In accordance with Transportation Code, §545.0651 and 43 TAC §§25.601
- 25.604, the department is proposing to initiate a lane use restriction
applicable to trucks, as defined in Transportation Code, §541.201,
with three or more axles, and to truck tractors, also as defined in
Transportation Code, §541.201, regardless of whether the truck
tractor is drawing another vehicle or trailer. The proposed restriction
would prohibit those vehicles from using the left or inside lane on
the following highways:
1. Interstate Highway 20 from United States Highway 377 in the
city of Fort Worth extending to Farm to Market Road 740 in the city
of Mesquite;
2. Interstate Highway 30 from Dale Lane in the city of Fort Worth
extending to Farm to Market Road 157 in the city of Arlington;
3. Interstate Highway 820 from Westpoint Boulevard in the city
of Fort Worth extending to Interstate Highway 20 in the city of Fort
Worth; and
4. Interstate Highway 45 from Interstate Highway 30 in the city
of Dallas extending to Farm to Market Road 3413 in the city of Ennis.
The proposed restrictions would apply 24 hours a day, 7 days a
week, and would allow the operation of those vehicles in a prohibited
traffic lane for the purposes of passing another vehicle or entering
or exiting the highway.
In accordance with 43 TAC §25.604, the Texas Department of
Transportation will evaluate the impact of the proposed restriction's
compliance with the requirements of Transportation Code, §545.0651
and 43 TAC §§25.601 - 25.604, and will hold public hearings
to receive comments on the proposed restriction. The hearings, preceded
by a 30 minute open house, will be held at the following times and
locations:
1. Ennis High School, 2301 Ensign Road, Ennis, Texas 75119, on
Monday, August 10, 2009 at 6:30 p.m.
2. Fort Worth Intermodal Transportation Center, 1001 Jones Street,
Fort Worth, Texas 76102, on Tuesday, August 11, 2009 at 6:30 p.m.
3. Lancaster City Hall, 211 N. Henry Street, Lancaster, Texas 75146,
on Wednesday, August 12, 2009 at 6:30 p.m.
All interested citizens are invited to attend any of the hearings
and to provide input. Those desiring to make official comments may
register starting at 6:00 p.m. Oral and written comments may be presented
at any of the public hearings and written comments may be submitted
by regular postal mail during the 30-day public comment period. Written
comments may be submitted to Maribel Chavez, P.E., District Engineer,
Fort Worth District, Texas Department of Transportation, 2501 SW Loop
820, Fort Worth, Texas 76133. The deadline for receipt of written
comments is 5:00 p.m. on August 24, 2009.
Persons with disabilities who plan to attend the public hearing
and who may need auxiliary aids or services such as interpreters for
persons who are deaf or hearing impaired, or non-English speakers,
readers, large print, or Braille, are requested to contact Jahnae
Stout at (817) 608-2335 at least two business days prior to the hearing
so that appropriate arrangements can be made. For more information
concerning the public hearing, please contact Jahnae Stout.
TRD-200902898
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: July 15, 2009
The Texas Department of Transportation (department) announces a
Request for Proposal (RFP) for:
1. State Planning Assistance
2. Rural Transportation Assistance
3. Intercity Bus
4. Rural Discretionary
5. Job Access Reverse Commute
6. New Freedom
These public transportation projects will be funded through the
Federal Transit Administration (FTA) §§5304, 5311(b)(3),
5311(f), and 5311 - Discretionary programs, §5316, and §5317.
It is anticipated that multiple projects from multiple funding programs
will be selected for State Fiscal Year 2011. Project selection will
be administered by the Public Transportation Division (PTN). Selected
projects will be awarded in the form of grants, with payments made
for allowable reimbursable expenses or for defined deliverables. The
proposer will become a subrecipient of the department.
Purpose: The RFP invites proposals
for services to develop, promote, coordinate, or support public transportation.
The objectives for these proposals are to support the nonurbanized
and small urban areas of Texas, to support services to meet the intercity
travel needs of residents, or to support the infrastructure of the
public transportation network through planning, marketing assistance,
local match assistance, and vehicle capital and facility investment.
In the process of meeting these objectives, projects are also to support
and promote the coordination of public transportation services across
geographies, jurisdictions, and program areas. Coordination between
nonurbanized and urbanized areas and between client transportation
services and other types of public transportation are particular objectives.
Eligible Projects: Eligible types
of projects have been defined by the department in accordance with
FTA guidelines, other laws and regulations, and in consultation with
members of the public transportation and the intercity bus industries.
These include projects for vehicle capital, planning, marketing, facilities,
training, technical and operating assistance, and research.
Eligible Applicants: Proposers shall
be required to enter into a grant agreement as a subrecipient of the
department. Eligible subrecipients include state agencies, local public
bodies and agencies thereof, private-nonprofit organizations, operators
of public transportation services, private consultants, state transit
associations, transit districts, and private for-profit operators.
Availability of Funds: In accordance
with Transportation Code, Chapter 455, the department currently provides
funding for public transportation projects, funded through FTA §5304
State Planning Assistance, §5311(b)(3) Rural Transportation Assistance, §5311(f)
Intercity Bus program, §5311 - Rural Discretionary programs, §5316
Job Access Reverse Commute, and §5317 New Freedom. The department
will also consider offering transportation development credits to
assist with some local match needs for capital projects.
Review and Award Criteria: Proposals
will be evaluated against a matrix of criteria and then prioritized.
Subject to available funding, the department is placing no preconditions
on the number or on the types of projects to be selected for funding.
The department reserves the right to conduct negotiations pertaining
to a proposer's initial responses including but not limited to specifications,
and prices. An approximate balance in funding awarded to the types
of projects, or an approximate geographic balance to selected projects,
may be seen as appropriate, depending on the proposals that are received.
The department may consider these additional criteria when recommending
prioritized projects to the Texas Transportation Commission.
Key Dates and Deadlines:
November 16, 2009: Written questions
for the proposal are due to PTN.
November 25, 2009: Written responses
to questions posted on PTN website and mailed to all firms who submitted
questions.
December 21, 2009: Deadline for receipt
of proposals.
March 1, 2010: Target date for the
department to complete the evaluation, prioritization, and negotiation
of proposals.
April 30, 2010: Target date for presentation
of project selection recommendations to the Texas Transportation Commission
for their action.
July to September, 2010: Target date
for all project grant agreements to be executed, with approved scopes
of work and calendars of work.
To Obtain a Copy of the RFP: The
RFP will be posted on the Public Transportation Division website at
http://www.txdot.gov/business/governments/grants/public_transportation.htm.
Proposers with questions relating to the RFP should contact Cheryl
Mazur at cmazur@dot.state.tx.us or by phone at (512) 374-5234.
TRD-200902896
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: July 15, 2009
Comptroller of Public Accounts
Notice of Request for Proposals
Office of Consumer Credit Commissioner
Texas Commission on Environmental Quality
Notice of District Petition
Notice of Opportunity to Comment on Agreed Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Receipt of Application and Intent to Obtain a New Municipal Solid Waste Permit
Notice of Response to Comments on Concentrated Animal Feeding Operation General Permit Number TXG920000
Notice of Water Quality Applications
Texas Facilities Commission
Texas Health and Human Services Commission
Notice of Award of a Major Consulting Contract
Notice of Public Hearing on Proposed Medicaid Payment Rates
Notice of Public Hearing on Proposed Medicaid Payment Rates
Notice of Public Hearing on Proposed Medicaid Payment Rates
Notice of Public Hearing on Proposed Medicaid Payment Rates
Notice of Public Hearing on Proposed Medicaid Payment Rates
Notice of Public Hearing on Proposed Medicaid Payment Rates
Notice of Public Hearing on Proposed Medicaid Payment Rates
Notice of Public Hearing on Proposed Medicaid Payment Rates
Notice of Public Hearing on Proposed Medicaid Payment Rates
Public Notice
Public Notice
Public Notice
Texas Department of Housing and Community Affairs
Notice of Request for Proposals to Provide a Training and Technical Assistance Academy for the Weatherization Assistance Program
Texas Lottery Commission
Notice of Public Hearing
Texas Parks and Wildlife Department
Public Utility Commission of Texas
Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority
Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority
Notice of Application for Designation as an Eligible Telecommunications Carrier and Application for Relinquishment of ETC Designation
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line
Notice of Petition for Rulemaking to Amend Cost Recovery Rules for Transmission Service Providers in ERCOT
Public Notice of Request for Comment Regarding Retail Electric Providers Disclosure to Customers
Public Notice of Workshop on Improved Customer Information on Distributed Generation
Request for Comments on Form for an Application for, or Amendment to, a Retail Electric Provider Certification Pursuant to P.U.C. Substantive Rule §25.107
Request for Comments on Rulemaking Relating to the Obligations of Telephone and Electric Service Providers Under the Texas Prompt Payment Act
Texas Residential Construction Commission
Rio Grande Council of Governments
Texas Department of Transportation
Notice of Public Hearings on Proposed Restrictions on Use of State Highway
Notice of Request for Proposal
Texas Water Development Board