In Addition

In Addition

Texas Department of Agriculture

Notice of Request for Proposals: Broadband Mapping Project

Deadline for proposal submission: 5:00 p.m., Central Daylight Time, Friday, June 19, 2009.

The Texas Department of Agriculture (TDA), in coordination with the Public Utility Commission of Texas (PUC), is issuing a Request for Proposals for entities to apply for a grant from the United States Department of Commerce (Commerce) to implement the programs and policy initiatives set forth in Public Law 110-385, the Broadband Data Improvement Act of 2008, 47 U.S.C. §1304 (BDIA), and the American Recovery and Reinvestment Act of 2009 (ARRA). TDA and PUC will pre-approve the grant application before submission to Commerce and perform strict monitoring to ensure that funds are utilized to meet TDA objectives and as required by BDIA and ARRA.

TDA, in coordination with PUC, will designate an entity to apply for BDIA and ARRA grant funds. To qualify as eligible entity, the respondent must be a nonprofit organization that is described in §501(c)(3) of the Internal Revenue Code of 1986 and that is exempt from taxation under §501(a) of such Code. Eligible proposers must demonstrate their ability to create a broadband map of the State of Texas, including the identification of unserved and underserved areas. At a minimum, the map must identify all broadband providers in the State of Texas; identify areas unserved by any broadband provider; identify areas served by a single broadband provider; identify areas served by multiple broadband providers; provide the location of towers or other infrastructure used to transmit and receive broadband signals; provide actual upstream and downstream transmission speeds at the census tract level of detail; describe the types of technology, specified by location on the map, used to provide broadband services, including, but not limited to, cable modem, DSL, ADSL, VDSL, fiber optics, wireless, and satellite; ensure the broadband map will be able to provide data on a real time basis; and ensure the broadband map is capable of being integrated with other sources of demographic data. Proposers must demonstrate that their experience is consistent with the size and complexity of the scope of work described in the RFP.

Closing date: Proposals are due no later than June 19, 2009. Proposal responses, modifications or addenda to an original response received by TDA after the specified time and date for closing will not be considered. Each firm is responsible for ensuring that its response reaches TDA before the proposal due date and time. Respondents should submit one unbound original and three copies of their proposal to: Rick Rhodes, Assistant Commissioner for Rural Economic Development, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711; Street Address: 1700 N. Congress, Stephen F. Austin Bldg., 11th Floor, Austin, Texas 78701. Proposals must also meet other submission requirements specified in the RFP.

Evaluation Criteria: Proposals will be evaluated based on the evaluation criteria outlined in the RFP.

TDA reserves the right to accept or reject any proposals submitted. TDA is not obligated to award or execute any contract on the basis of this notice or the distribution of any RFP. TDA shall not pay for any costs incurred by an entity in responding to this notice or the RFP.

The complete RFP is posted on the TDA website at: http://www.TexasAgriculture.gov. and on the PUC website at http://www.puc.state.tx.us/about/procurement/currentrfps.cfm. To obtain a copy of the RFP, contact Rick Rhodes at (512) 463-7577; Rick.Rhodes@TexasAgriculture.gov; or Texas Department of Agriculture, Rural Economic Development Division, P.O. Box 12847, Austin, TX 78711.

TRD-200902215

Dolores Alvarado Hibbs

General Counsel

Texas Department of Agriculture

Filed: June 3, 2009

Request for Qualifications: Bond and Program Counsel

1. Purpose.

The Texas Agricultural Finance Authority (the Authority), a public authority within the Texas Department of Agriculture (the Department), is seeking proposals in response to this Request for Qualifications (RFQ) for bond and program counsel. The Authority is seeking to employ Bond and Program Counsel to assist the Authority in the management of bond obligations in existence as of the date of this RFQ and to provide general program assistance when needed under Chapter 44, Chapter 58, and Chapter 59 of the Texas Agriculture Code (the Code).

2. Background of the Authority.

The Authority was created by the Texas Legislature for the purpose of financing innovative, diversified, or value-added production, processing, marketing, or export businesses in Texas. The Authority can provide financing through instruments including direct loans, loan guaranties, insurance or co-insurance. As a result of the Authority's 2008 Strategic Plan, and statutory changes enacted by the 81st legislature of the State of Texas, the Authority anticipates restructuring its financial assistance programs into four categories: an agricultural loan guarantee program, an interest rate reduction program, a young farmer interest rate reduction program, and a young farmer grant program. The Board of Directors (the Board) for the Authority has indicated that it will no longer utilize debt issuance as a program funding tool. However, the Authority must continue to service and manage bond obligations in existence as of the date of this RFQ. Chapter 58 and Chapter 59 of the Code contain statutory provisions relating to the Authority's power to issue revenue bonds and general obligation bonds. The Authority is governed by the Board. Employees of the Department are designated by the Commissioner of Agriculture to administer the Authority.

3. Statement of Duties.

Statement of Duties for the Bond Counsel.

The counsel's responsibilities for bond work will include, but will not be limited to, advice to the Board and staff of the department (Staff) on: the legal ramifications and constraints of the issuance and investment policy; the legality of loan policy proposals and legal aspects of investments and loan policy; the legality of proposed debt structuring techniques; compliance with federal tax and securities requirements for financings associated with the Authority's programs; and, real and anticipated changes in state and federal law, regulations, or public policy, and the potential and real impact on existing bond issues, investment policy, and loan policy.

With respect to current bond issues, bond counsel, in consultation with the Authority's Financial Advisor and Staff, may be asked to prepare or review legal documents required by the Board, Comptroller of Public Accounts, Attorney General, or outside parties; request and obtain approvals from the Attorney General, Governor, Bond Review Board and other required authorities; and review financial models and render opinions on the legality and relevant tax position of bond issues.

Statement of Duties for the Program Counsel.

The counsel shall also perform such other legal services, if requested by the Authority, may request, that do not come within the functions of bond counsel for a particular bond issue, but are needed for the implementation and administration of the programs of the Authority. Such services shall include, without limitation, the following: consultation concerning planning and development of programs of the Authority; providing advice concerning policies for lending or granting funds to eligible borrowers; review of program applications; review and drafting of loan documents; assistance in implementing loan guarantee programs; advice and services concerning legislation affecting such programs; advising on, and upon request of the Authority, initiating and pursing collection actions in relation to loan programs; and providing advice concerning administration of the Authority.

4. Proposal Contents.

Responses to this RFQ should include, at least, the following: a thorough description of your firm's ability to represent the Authority in the stated job duties; a description of your firm's past experience as counsel for other state agencies; a description of your firm's past experience as counsel to state and federal banks, credit unions, finance companies, and other financial institutions; a designation of the individuals who might be assigned to the work of the Authority; examples of similar programs in which your firm has assisted as legal counsel; a quotation of your proposed fee structure; a statement addressing the effort made by your firm to encourage and develop the participation of women and minorities in your firm; affirmation that the firm does not, and shall not during the term of the contract, represent any plaintiff in a proceeding seeking monetary damages from the State of Texas or any of its agencies; and a statement of willingness to comply with policies, directives, and guidelines of the Authority and the Attorney General of the State of Texas.

5. Statement of Evaluation Process.

Responses to this RFQ will be evaluated and ranked according to the information provided, and summarized for the Board's review. Staff will rank the proposals to make a recommendation to the Board at the first available meeting. The Board intends to select the proposal that demonstrates the highest degree of competency and the necessary qualifications and experience in providing the requested legal services at a fair and reasonable price. The Authority reserves the right to contract with separate bond and program counsel, and to contract with more than one bond or program counsel. The Authority reserves the right to issue more than one contract for this RFQ. The Authority reserves the right to contract with separate bond and program counsel, and to contract with more than one bond or program counsel.

6. Proposal Requirements.

A duly authorized representative of the firm must execute the submitted response. An unsigned response will not be accepted. Issuance of this RFQ in no way constitutes a commitment by the Authority to award a contract, to issue bonds, or to pay for any services incurred either in the preparation of a response to this RFQ or for the production of any contract for services. The Authority also reserves the right to make amendments to the qualifications requested by giving written notice to all firms who receive this RFQ. All communications with the Authority concerning this RFQ and the selection of Bond Counsel or Program Counsel shall be directed to Rick Rhodes, Assistant Commissioner for Rural Economic Development, with the department, acting as program manager on behalf of the Authority. Any contact by a submitting firm, its employees or representatives with any Board member of the Authority for the purposes of soliciting or encouraging a favorable review may be considered grounds for disqualification.

7. Proposal Submission.

All proposals must be received no later than 5:00 p.m., August 1, 2009. Proposal responses, modifications or addenda to an original response received by the Authority after the specified time and date for closing will not be considered. Each firm is responsible for ensuring that its response reaches the Authority before the proposed due date. Firms should submit one unbound original and three (3) copies of their proposal to: Mr. Rick Rhodes, Assistant Commissioner for Rural Economic Development, Texas Agricultural Finance Authority, c/o Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, Street Address: 1700 N. Congress Avenue, Stephen F. Austin Building, 11th Floor, Austin, Texas 78701. Please mark the envelopes containing proposals with the following note in the lower left-hand corner: IN RESPONSE TO PROPOSAL REQUEST: BOND AND PROGRAM COUNSEL. All proposals become the property of the Authority. Proposals must set forth full, accurate and complete information as required by this RFQ. Oral responses, instructions or offers will not be considered. The Authority reserves the right to reject any and all responses.

8. Term of the Agreement.

The contract term shall be for the period beginning September 1, 2009, through August 31, 2010, with an option to renew for the period from September 1, 2010, through August 31, 2011.

9. Proposal Modification.

Any response may be modified or withdrawn even after received by the Authority at any time prior to the proposal due date. No material changes will be allowed after the expiration of the proposal due date; however, non-substantive corrections or deletions may be made with the approval of Staff. The Authority reserves the exclusive right to review proposals and make an appropriate selection from such proposals. The Authority is not bound to accept any proposal by virtue of this RFQ.

10. Cost Incurred in Responding.

All costs directly or indirectly related to preparation of a response to the RFQ or any oral presentation required to supplement and/or clarify the RFQ which may be required by the Authority shall be the sole responsibility of, and shall be borne by, your firm.

11. Release of Information and Open Records.

All proposals shall be deemed, once submitted, to be the property of the Authority and are subject to Texas Public Information Act (the Act). Under the Act, information submitted in response to this RFQ may not be released by the Authority during the proposal evaluation process or prior to the awarding of a contract. After the Authority completes the process and a contract is awarded, proposals and information included therein may be subject to public disclosure under the Act.

TRD-200902203

Dolores Alvarado Hibbs

General Counsel

Texas Department of Agriculture

Filed: June 3, 2009

Office of the Attorney General

Agreed Final Judgment and Permanent Injunction

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Water and Health and Safety Codes. Before the State may settle a judicial enforcement action, pursuant to §7.110 of the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of ch. 7 of the Texas Water Code.

Case Title and Court: Harris County, Texas and The State of Texas v. Dien Van Tran and My Dung Luu, Cause No. 2007-70574 in the 80th District, Harris County, Texas.

Background: This is a suit for enforcement of rules of the Texas Commission on Environmental Quality and the Texas Department of State Health Services concerning on-site sewage facilities located at 2007 Chipewa in Harris County.

Nature of Settlement: Proposed Agreed Judgment: The proposed Agreed Final Judgment and Permanent Injunction settles all claims in the suit. The Agreed Final Judgment and Permanent Injunction contains provisions for injunctive relief and attorney fees. The proposed judgment will enjoin the Defendants to maintain the current compliance levels for the on-site sewage facilities. The judgment awards $2,500 in attorney fees, of which $1,000 is to the State. The remaining attorney fees are awarded to Harris County.

The Office of the Attorney General will accept written comments relating to this proposed judgment for thirty (30) days from the date of the publication of this notice. Copies of the proposed judgment may be examined at the Office of the Attorney General, 300 W. 15th Street, 10th Floor, Austin, Texas. A copy of the proposed judgment may also be obtained in person or by mail at the above address for the cost of copying. Requests for copies of the judgment and written comments on the proposed judgment should be directed to Sarah Jane Utley, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911.

For information regarding this publication, contact Zindia Thomas, Agency Liaison, at (512) 936-9901.

TRD-200902183

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: June 1, 2009

Camino Real Regional Mobility Authority

Notice of Availability of Request for Qualifications for Development of Americas Interchange

The Camino Real Regional Mobility Authority (CRRMA), a political subdivision, is soliciting statements of interest and qualifications from entities interested in pursuing the development of the Americas Interchange (I-10/Loop 375) Project (the Project) in El Paso, Texas through a design/build comprehensive development agreement (D/B CDA). The Project is generally described as four direct connectors to/from Interstate 10, a primary east-west highway, to/from Loop 375, El Paso's regional beltway surrounding the metropolitan area. The entity selected for the Project, if any, will be responsible for the design and construction of the Project through a D/B CDA. The CRRMA anticipates utilizing, in part, funds allocated through the American Recovery and Reinvestment Act of 2009 for this Project and therefore the Authority and the selected entity will be required to meet all stipulations that come with those funds.

The request for qualifications will be available on or about June 8, 2009. Copies may be obtained from the CRRMA website at http://www.crrma.org, or by contacting the CRRMA Office at (915) 541-4986. Periodic updates, addenda, and clarifications will be posted on the CRRMA website and interested parties are responsible for monitoring the website accordingly. There will be a pre-proposal conference for interested parties in El Paso, Texas at 10:00 a.m. M.S.T. on June 19, 2009 at a location to be listed on the CRRMA website. Attendance at the pre-proposal conference is not a condition of submitting a proposal. Final responses must be received in the offices of the CRRMA by or before 4:00 p.m. M.S.T. on July 8, 2009, to be eligible for consideration.

Each proposing entity will be evaluated based on the criteria and process set forth in the RFQ.

Questions concerning this RFQ may be submitted via e-mail to Raymond L. Telles, Executive Director at tellesrl@crrma.org or in writing to: CRRMA, c/o Raymond L. Telles, Executive Director, 2 Civic Center Plaza, 9th Floor, El Paso, Texas 79901. All questions must be received by 5:00 p.m. M.S.T. on June 26, 2009.

TRD-200902217

Raymond L. Telles

Executive Director

Camino Real Regional Mobility Authority

Filed: June 3, 2009

Comptroller of Public Accounts

Notice of Award

Pursuant to §1201.027, Texas Government Code; Chapter 2254, Subchapter B, Texas Government Code; and Chapter 404, Subchapter H, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the award of the following contract:

A contract is awarded to RBC Capital Markets Corporation, 2711 North Haskell, Suite 2500, Dallas, Texas 75204-2936. The total contract amount for the contract is a $41,550 fee and $7,500 in expenses plus reasonable and approved out-of-state travel expenses at cost for each Tax Revenue Anticipation Note issued during the term of the contract. The term of the contract is May 28, 2009 through August 31, 2011.

The Comptroller's Request for Proposals 192a (RFP) related to this contract award was published in the March 6, 2009, issue of the Texas Register (34 TexReg. 1731).

TRD-200902095

Pamela G. Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: May 29, 2009

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/08/09 - 06/14/09 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 06/08/09 - 06/14/09 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.005³ for the period of 06/01/09 - 06/30/09 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.

The monthly ceiling as prescribed by §303.005 for the period of 06/01/09 - 06/30/09 is 18% for Commercial over $250,000.

¹Credit for personal, family or household use.

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

³For variable rate commercial transactions only.

TRD-200902191

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: June 2, 2009

Court Reporters Certification Board

Certification of Court Reporters

Following the examination of applicants on April 18, 2009, the Texas Court Reporters Certification Board certified to the Supreme Court of Texas the following individuals who are qualified in the method indicated to practice shorthand reporting pursuant to Chapter 52 of the Texas Government Code, V.T.C.A.:

MACHINE SHORTHAND: MOLLY CARTER - CORPUS CHRISTI, TX; LAUREN MORRISON - KILLEEN, TX; EMILY ROGERS - MIDLOTHIAN, TX; CAROLIN PEEK - WAXAHACHIE, TX; JENNIFER JACOBS - DALLAS, TX; LISA RUIZ - CORPUS CHRISTI, TX; CARLA DAVIS - HOUSTON, TX; JONATHAN DAWSON - FORT WORTH, TX; and KIMBERLY CLARK - RED OAK, TX.

TRD-200902056

Sheryl Jones

Administrator of Licensing

Court Reporters Certification Board

Filed: May 28, 2009

Texas Commission Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 13, 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 July 13, 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: Avali Enterprise, Inc. dba Super Food Mart; DOCKET NUMBER: 2009-0335-PST-E; IDENTIFIER: RN102242567; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 Texas Administrative Code (TAC) §115.245(2) and Texas Health and Safety Code (THSC), §382.085(b), by failing to verify proper operation of the Stage II vapor recovery system (VRS) and the Stage II vapor space manifolding and dynamic back pressure; PENALTY: $3,112; ENFORCEMENT COORDINATOR: Mike Pace, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(2) COMPANY: BASF FINA Petrochemicals Limited Partnership; DOCKET NUMBER: 2009-0316-AIR-E; IDENTIFIER: RN100216977; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: petrochemical manufacturing plant; RULE VIOLATED: 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), Federal Operating Permit (FOP) Number O-2551, Special Terms and Conditions (STC) Number 11, New Source Review (NSR) Permit Number 36644/PSD-TX-903M1, Special Condition (SC) Number 1, and THSC, §382.085(b), by failing to maintain an emission rate below the allowable limit for nitrogen oxide; PENALTY: $53,900; Supplemental Environmental Project (SEP) offset amount of $21,560 applied to West Port Arthur Home Energy Efficiency Program; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(3) COMPANY: Becky B. Burns; DOCKET NUMBER: 2009-0756-WOC-E; IDENTIFIER: RN104190079; LOCATION: Corsicana, Navarro County; TYPE OF FACILITY: wastewater 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: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Dallas Texas Properties, Inc. dba Howdy Doody Number 11; DOCKET NUMBER: 2009-0393-PST-E; IDENTIFIER: RN101533529; LOCATION: Arlington, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that at least one station representative received training in the operation and maintenance of the Stage II VRS and each current employee received in-house Stage II vapor recovery training; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to ensure that all underground storage tanks (USTs) are monitored in a manner which will detect a release; 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide release detection for the piping associated with the USTs; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors at least once per year for performance and operational reliability; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; 30 TAC §334.50(d)(1)(B)(iii)(I) and the Code, §26.3475(c)(1), by failing to record inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs involved in the retail sale of petroleum substances used as motor fuel; 30 TAC §334.45(c)(3)(A), by failing to install an emergency shutoff valve on each pressurized delivery or product line and ensure that it is securely anchored at the base of the dispenser; and 30 TAC §334.49(b)(2) and the Code, §26.3475(d), by failing to provide corrosion protection to all underground components of an UST system; PENALTY: $10,621; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: DCP Midstream, LP; DOCKET NUMBER: 2009-0123-AIR-E; IDENTIFIER: RN100219955; LOCATION: Gruver, Hansford County; TYPE OF FACILITY: natural gas plant; RULE VIOLATED: 30 TAC §113.1090, 40 Code of Federal Regulations (CFR) §63.6600(a), and THSC, §382.085(b), by failing to limit the formaldehyde concentration to 350 parts per billion or less at 15% oxygen or to reduce formaldehyde emissions by 76% or more for a reciprocating internal combustion engine; PENALTY: $7,600; SEP offset amount of $3,040 applied to Texas Association of Resource Conservation and Development Areas, Inc. (RC&D) - Abandoned Tire Clean-Up; ENFORCEMENT COORDINATOR: Brian Elliott, (512) 239-6162; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(6) COMPANY: City of Del Rio; DOCKET NUMBER: 2009-0284-PWS-E; IDENTIFIER: RN101215978; LOCATION: Del Rio, Val Verde County; TYPE OF FACILITY: public water supply (PWS); RULE VIOLATED: 30 TAC §290.111(f)(2)(C) and (h)(2), by failing to continuously monitor the quality of the water produced by each membrane unit and record the monitoring results; 30 TAC §290.111(h)(7) and (11), by failing to submit the membrane monthly operating report (MMOR); and 30 TAC §205.6 and the Code, §5.702, by failing to pay all general permit storm water fees; PENALTY: $2,992; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3100; REGIONAL OFFICE: 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(7) COMPANY: City of Eagle Pass Water Works System; DOCKET NUMBER: 2009-0333-PWS-E; IDENTIFIER: RN101387710; LOCATION: Eagle Pass, Maverick County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.44(d)(2), by failing to provide increased pressure by means of booster pumps taking suction from the storage tanks or obtain an exception by acquiring plan approval by the executive director; 30 TAC §290.42(j), by failing to use an approved chemical or media for the disinfection of potable water that conforms to American National Standards Institute/National Sanitation Foundation standards; 30 TAC §290.110(c)(1)(A), by failing to continuously record the disinfectant residual of the water entering the distribution system; 30 TAC §290.111(h)(2), by failing to submit properly completed surface water monthly operating reports (SWMORs); 30 TAC §290.111(h)(7) and (11), by failing to submit the MMOR; and 30 TAC §290.39(h)(3), by failing to notify the executive director in writing as to the completion of the ultra filtration membrane plant and attest to the fact that the completed work is substantially in accordance with the plans on file with the commission; PENALTY: $6,466; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-310; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(8) COMPANY: East Texas Precast Company, Limited; DOCKET NUMBER: 2009-0199-IWD-E; IDENTIFIER: RN104750963; LOCATION: Hempstead, Waller County; TYPE OF FACILITY: concrete products; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) General Permit Number TXG110719, Part III, Section A, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for total suspended solids (TSS) and pH; and the Code, §5.702 and §26.0135(h), by failing to pay overdue general permits wastewater fees and penalties; PENALTY: $1,940; ENFORCEMENT COORDINATOR: Carlie Konkol, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(9) COMPANY: Flint Hills Resources, LP; DOCKET NUMBER: 2009-0121-AIR-E; IDENTIFIER: RN100217389; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: petrochemical manufacturing plant; RULE VIOLATED: 30 TAC §§101.20(3), 116.715(a), and 122.143(4), Flexible Permit Number 16989/PSD-TX-794, SC Number 1, FOP Number O-01317, STC Number 16, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $12,950; ENFORCEMENT COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(10) COMPANY: Hieu Vo dba Gulfway Foodmart; DOCKET NUMBER: 2009-0348-PST-E; IDENTIFIER: RN101762219; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.10(b), by failing to maintain the required UST records and make them immediately available for the inspection upon request by agency personnel; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to provide proper release protection for the UST system by failing to conduct reconciliation of detailed inventory control records; 30 TAC §334.50(d)(1)(B)(iii)(I) and the Code, §26.3475(c)(1), by failing to record inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point in the immediate area of the fill tube for each regulated UST; 30 TAC §115.246(7)(A) and THSC, §382.085(b), by failing to maintain Stage II records at the station and make them immediately available for review upon request by agency personnel; 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that at least one station representative received training in the operation and maintenance of the Stage II VRS and each current employee receives in-house Stage II vapor recovery training regarding the purpose and operation of the VRS; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment and the Stage II vapor space manifolding and dynamic back pressure; and 30 TAC §334.46(g)(1)(G) and (H), by failing to ensure that all monitoring wells and observation wells are properly capped, labeled, and secured or locked to prevent unauthorized access, tampering, accidental depositing of unauthorized substances, and designed to divert surface runoff away from the well; PENALTY: $12,269; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(11) COMPANY: City of Houston; DOCKET NUMBER: 2009-0375-MWD-E; IDENTIFIER: RN101518298; LOCATION: Harris County; TYPE OF FACILITY: wastewater treatment system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0012418001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permit effluent limits for TSS and carbonaceous biochemical oxygen demand; PENALTY: $2,540; SEP offset amount of $2,032 applied to Armand Bayou Nature Center Coastal Tall Grass Management-Prescribed Burn Program and Prairie Restoration Project; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(12) COMPANY: City of Jacksonville; DOCKET NUMBER: 2008-1810-MWD-E; IDENTIFIER: RN101613305; LOCATION: Cherokee County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010693001, Permit Conditions 2.g., and the Code, §26.121(a)(1), by failing to prevent the unauthorized discharge of wastewater into water in the state; PENALTY: $5,400; SEP offset amount of $5,400 applied to holding a one-day cleanup event to collect, properly dispose, or recycle household bulky solid waste items; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(13) COMPANY: KMCO, L.P.; DOCKET NUMBER: 2009-0299-AIR-E; IDENTIFIER: RN101613511; LOCATION: Crosby, Harris County; TYPE OF FACILITY: industrial organic chemical production plant; RULE VIOLATED: 30 TAC §122.143(4) and §122.145(2)(A), FOP Number O-01441, General Terms and Condition (GTC) and Special Condition Number 8, and THSC, §382.085(b), by failing to report a deviation; 30 TAC §116.115(c) and §122.143(4), FOP Number O-01441, SC Number 8, NSR Permit Number 9383, SC Number 27, and THSC, §382.085(b), by failing to submit the results of sampling/testing of the cooling tower system volatile organic compound emissions; 30 TAC §116.115(c) and §122.143(4), FOP Number O-01441, GTC and SC Number 8, NSR Permit Number 9383, SC Numbers 36, 41.B., and 41.F., and THSC, §382.085(b), by failing to maintain at least two years of records of leak test and control method used for tank truck/railcar loading and unloading operations; 30 TAC §116.115(b)(2)(E)(i) and §122.143(4), FOP Number O-01441, GTC and SC Numbers 3.B.iii. and 8, and THSC, §382.085(b), by failing to conduct annual visible emission observations of 98 stationary vents during the 12 months prior to the investigation and to demonstrate compliance with the annual mass emissions for the stationary vents by maintaining records of production and operating hours for each individual vent; 30 TAC §116.115(c) and §122.143(4), FOP Permit Number O-01441, GTC and SC Number 8, NSR Permit Number 9383, SC Numbers 31, 36, and 45, and THSC, §382.085(b), by failing to maintain temperature records of the ethylene oxide storage tanks; and 30 TAC §111.111(a)(1)(B) and §122.143(4), FOP Permit Number O-01441, GTC and SC Number 3.B.i., and THSC, §382.085(b), by failing to limit opacity from the natural gas-fired heater to 20%; PENALTY: $21,842; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(14) COMPANY: Load Trail, Limited; DOCKET NUMBER: 2008-1220-IHW-E; IDENTIFIER: RN101462570; LOCATION: Sumner, Lamar County; TYPE OF FACILITY: trailer manufacturing; RULE VIOLATED: 30 TAC §335.2 and §335.4, by failing to prevent the unauthorized treatment and disposal of industrial and hazardous waste; 30 TAC §335.6(a), by failing to provide notification of the generation of hazardous waste; 30 TAC §335.62 and 40 CFR §262.11, by failing to perform a hazardous waste determination on all wastes generated at the facility; 30 TAC §335.69(a)(1)(A) and 40 CFR §262.34(a)(1)(i) and §265.173(a), by failing to close hazardous waste containers except when adding or removing waste; 30 TAC §335.69(a)(1)(A) and 40 CFR §262.34(a)(1)(i) and §265.15(d), by failing to properly document weekly inspections of hazardous waste container storage areas; 30 TAC §335.10(a) and §335.431(c) and 40 CFR §262.20(a) and §268.7(a)(8), by failing to maintain records of hazardous waste generated at the facility; 30 TAC §334.474 and §335.479, by failing to maintain or provide the required source reduction and waste minimization plan; 30 TAC §335.9(a)(2), by failing to submit the annual waste summaries; and 30 TAC §335.69(a)(2) and (3) and 40 CFR §262.34(a)(2) and (3), by failing to label each container of hazardous waste in the container storage area with the beginning accumulation date and the description of the contents; PENALTY: $44,630; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(15) COMPANY: Longhorn Mobile Home Community, Limited; DOCKET NUMBER: 2009-0079-PWS-E; IDENTIFIER: RN101271500; LOCATION: Houston, Harris County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §190.109(c)(2)(A)(ii) and §290.122(c)(2)(A) and THSC, §382.085(b), by failing to collect water samples for monthly bacteriological analysis and by failing to provide public notification of the failure to conduct monthly bacteriological sampling; PENALTY: $4,212; ENFORCEMENT COORDINATOR: Lauren Smitherman, (512) 239-5223; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(16) COMPANY: Marathon Petroleum Company, LLC; DOCKET NUMBER: 2008-1709-AIR-E; IDENTIFIER: RN100210608; LOCATION: Texas City, Galveston County; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §§101.20(1) and (2), 115.352(4), 116.715(a), and 122.143(4), 40 CFR §60.482-6(a)(1) and §63.167(a)(1), NSR Permit Number 22433, SC Number 10.E., FOP Number O-01380, STC Numbers 1.A. and 21, and THSC, §382.085(b), by failing to seal open-ended valves with a cap, blind flange, plug, or second valve; 30 TAC §115.114(a)(4) and §122.143(4), FOP Number O-01380, STC Number 1.A., and THSC, §382.085(b), by failing to repair or empty and degas external floating roof tank number 111 within 60 days of the discovery of pinhole leaks on the roof deck; 30 TAC §115.546(2)(C) and §122.143(4), FOP Number O-01380, STC Number 8.A.(vi), and THSC, §382.085(b), by failing to maintain records of monitoring for carbon canister breakthrough; 30 TAC §§101.20(2), 115.112(a)(2)(B), and 122.143(4), 40 CFR §63.119(b)(4) and §63.646(a), FOP Number O-01372, STC Number 1.A., and THSC, §382.085(b), by failing to maintain vacuum breakers in a closed position during normal operation; 30 TAC §101.20(2) and §122.143(4), 40 CFR §63.120(b)(8) and §63.646(a), FOP Number O-01380, STC Number 1.A., and THSC, §382.085(b), by failing to repair the tank floating roof primary seal, empty the tank, or request an extension for seal repair within 45 days of determining that the seal needed replacement; 30 TAC §122.143(4) and §106.263(g), FOP Number O-01380, STC Number 21, and THSC, §382.085(b), by failing to maintain records to demonstrate compliance with the emission limits in 30 TAC §106.4(a)(1) - (3) and §106.263; 30 TAC §101.20(2) and §122.143(4), 40 CFR §61.356(f)(2)(i)(G), FOP Number O-01380, STC Number 1.A., and THSC, §382.085(b), by failing to maintain records of design analysis for carbon canisters; 30 TAC §101.20(2) and §122.143(4), 40 CFR §61.12(c), FOP Number O-01380, STC Number 12.E., and THSC, §382.085(b), by failing to maintain and operate lift station 26b carbon canisters in a manner consistent with good air pollution control practices for minimizing emissions; 30 TAC §101.20(2) and §122.143(4), 40 CFR §61.354(d), FOP Number O-01380, STC Number 1.A., and THSC, §382.085(b), by failing to properly conduct monitoring of carbon canisters; 30 TAC §101.20(2) and §122.143(4), 40 CFR §61.354(b)(2), FOP Number O-01380, STC Number 1.A., and THSC, §382.085(b), by failing to monitor the waste streams entering the enhanced biodegradation unit month as required; and 30 TAC §101.20(2) and §122.143(4), 40 CFR §61.342(f)(2), FOP Number O-01380, STC Number 1.A., and THSC, §382.085(b), by failing to provide proper notification with each shipment of waste for offsite treatment; PENALTY: $115,347; SEP offset amount of $46,139 applied to operating and maintaining the existing off-site ambient air benzene and meteorological monitoring station; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(17) COMPANY: Maverick County; DOCKET NUMBER: 2009-0197-PWS-E; IDENTIFIER: RN101253565; LOCATION: Eagle Pass, Maverick County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.110(e)(2) and (5) and §290.111(h)(3) and (11), by failing to submit the SWMORs; 30 TAC §290.110(b)(2) and (f)(4) and THSC, §341.0315(c), by failing to maintain a minimum disinfectant residual of 0.5 milligrams per liter (mg/L) chloramine in the water entering the distribution system for a period longer than four consecutive hours; 30 TAC §290.110(b)(4) and (f)(6) and THSC, §341.0315(c), by failing to maintain a minimum disinfectant residual of 0.5 mg/L chloramine throughout the distribution system in more than five percent of the samples collected each month, for any two consecutive months; and 30 TAC §§21.4, 285.21(b), and 290.51 and the Code, §5.702, by failing to pay all consolidated water quality, on-site wastewater treatment research council, and public health service fees; PENALTY: $2,652; SEP offset amount of $2,652 applied to RC&D - Abandoned Tire Clean-Up; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(18) COMPANY: Douglas Meier dba Meier Recycle Center; DOCKET NUMBER: 2009-0080-WQ-E; IDENTIFIER: RN105447460; LOCATION: Ennis, Ellis County; TYPE OF FACILITY: scrap material recycling business; RULE 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; PENALTY: $3,150; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(19) COMPANY: MillerCoors, LLC; DOCKET NUMBER: 2009-0297-AIR-E; IDENTIFIER: RN102649399; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: brewery; RULE VIOLATED: 30 TAC §116.115(c), NSR Permit Number 1498, SC Number 4, and THSC, §382.085(b), by failing to maintain pH of the biogas hydrogen sulfide scrubber solution at or above 10.6 standard units; 30 TAC §116.115(c), NSR Permit Number 1498, SC Number 1, and THSC, §382.085(b), by failing to comply with permitted emission limits; and 30 TAC §115.412(1)(A) and THSC, §382.085(b), by failing to keep lids on three degreaser units closed when not in use; PENALTY: $7,640; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(20) COMPANY: Royal Oak Water System, Inc.; DOCKET NUMBER: 2008-1126-PWS-E; IDENTIFIER: RN101257699; LOCATION: Kerr County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.43(e), by failing to provide a properly constructed intruder-resistant fence; 30 TAC §290.46(f)(2), (3)(A)(i)(III), (ii)(III), and (iii) - (vii), by failing to provide water system records to commission personnel at time of the investigation; 30 TAC §290.121(a), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan; 30 TAC §290.43(c)(6), by failing to maintain all storage tanks and associated appurtenances in a watertight condition; 30 TAC §290.43(d)(3), by failing to provide a device to readily determine the air-water volume for the pressure tank; 30 TAC §290.46(v), by failing to ensure that all electrical wiring is securely installed in compliance with local or national electrical code; 30 TAC §290.43(c)(1), by failing to provide the ground storage tank with roof vents in strict accordance with American Water Works Association standards; 30 TAC §290.41(c)(3)(J), by failing to provide a concrete sealing block that is sloped to drain away and not less than 0.25 inches per foot; 30 TAC §290.41(c)(3)(O), by failing to provide an intruder-resistant fence or lockable building for well number two; 30 TAC §290.42(e)(2), by failing to provide disinfection at a point of application prior to the storage tank; 30 TAC §290.43(d)(7), by failing to maintain the pressure tank in a water-tight condition; and 30 TAC §290.46(m)(6), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; PENALTY: $3,893; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(21) COMPANY: Sabina Petrochemicals, LLC; DOCKET NUMBER: 2009-0140-AIR-E; IDENTIFIER: RN100216977; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: petrochemical manufacturing plant; RULE VIOLATED: 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), NSR Permit Number 41945/PSD-TX-950/N-018, SC Number 1, FOP Number O-02629, STC Number 8, and THSC, §382.085(b), by failing to maintain an emission rate below the maximum allowable rate table limit; PENALTY: $7,550; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(22) COMPANY: Shell Oil Company and Shell Chemical, LP; DOCKET NUMBER: 2008-1925-AIR-E; IDENTIFIER: RN100211879; LOCATION: Deer Park, Harris County; TYPE OF FACILITY: petroleum refinery and chemical manufacturing plant; RULE VIOLATED: 30 TAC §§101.20(3), 116.115(b)(2)(F), and 116.715(a), NSR Permit Numbers 3219/PSD-TX-974 and 21262/PSD-TX-928, SC Number 1, General Condition (GC) Number 8, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(f) and THSC, §382.085(b), by failing to timely provide information requested by the TCEQ Houston Regional Office regarding the July 17, 2008, emissions event; PENALTY: $30,423; SEP offset amount of $15,211 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(23) COMPANY: Brian King Sumner; DOCKET NUMBER: 2009-0742-OSI-E; IDENTIFIER: RN103743316; LOCATION: Silbee, Hardin County; TYPE OF FACILITY: on-site sewage licensing; RULE VIOLATED: 30 TAC §285.61(4), by failing to ensure that an authorization to construct has been issued prior to beginning construction of an on-site sewage facility; PENALTY: $175; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(24) COMPANY: The Premcor Refining Group, Inc.; DOCKET NUMBER: 2009-0151-AIR-E; IDENTIFIER: RN102584026; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §§101.20(3), 116.715(a) and (c)(7), and §122.143(4), FOP Number 1498, General Conditions, Flexible Air Permit Number 6825A/PSD-TX-49, SC Number 5A, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $19,600; SEP offset amount of $7,840 applied to West Port Arthur Home Energy Efficiency Program; ENFORCEMENT COORDINATOR: Raymond Marlow, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(25) COMPANY: Whitestone Custom Homes, Limited; DOCKET NUMBER: 2009-0743-WQ-E; IDENTIFIER: RN105703730; LOCATION: Bexar County; TYPE OF FACILITY: general contractor; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

TRD-200902185

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 2, 2009

Enforcement Orders

An agreed order was entered regarding Nisar Ahmad dba C-Store, Docket No. 2005-1557-PST-E on May 22, 2009, assessing $17,655 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kari Gilbreth, Staff Attorney, at (512) 239-1320, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Tam Phuong Corporation dba AB Cleaners, Docket No. 2006-1355-DCL-E on May 22, 2009, assessing $1,185 in administrative penalties.

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

An agreed order was entered regarding Oscar Food Corp. dba Circle A Store, Docket No. 2006-1855-PST-E on May 22, 2009, assessing $16,770 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Becky Combs, Staff Attorney, at (512) 239-6939, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Swenson Water Supply Corporation, Docket No. 2007-0302-PWS-E on May 22, 2009, assessing $2,250 in administrative penalties.

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

An agreed order was entered regarding Republic Waste Services of Texas, Ltd., Docket No. 2007-0654-IHW-E on May 22, 2009, assessing $5,000 in administrative penalties.

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

A default order was entered regarding Raul R. Martinez, Docket No. 2007-0810-PST-E on May 22, 2009, assessing $5,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tommy Tucker Henson II, Staff Attorney, at (512) 239-0946, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Pencco, Inc., Docket No. 2007-0941-MSW-E on May 22, 2009, assessing $8,450 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jennifer Cook, Staff Attorney, at (512) 239-1873, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Edgewood, Docket No. 2007-1089-PWS-E on May 22, 2009, assessing $16,321 in administrative penalties.

An agreed order was entered regarding Bhayani Investment, Inc. dba Mickey's Pit Stop, Docket No. 2007-1513-PST-E on May 22, 2009, assessing $3,500 in administrative penalties.

An agreed order was entered regarding City of Laredo, Docket No. 2007-1751-WQ-E on May 22, 2009, assessing $12,933 in administrative penalties.

An agreed order was entered regarding Hien Huynh dba Food Store 9, Docket No. 2007-1793-PST-E on May 22, 2009, assessing $4,500 in administrative penalties.

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

An agreed order was entered regarding Vinklarek Underground Utilities Co., Docket No. 2007-1871-PST-E on May 22, 2009, assessing $3,675 in administrative penalties.

An agreed order was entered regarding One Way Hauling, Inc., Docket No. 2007-1964-WQ-E on May 22, 2009, assessing $14,500 in administrative penalties.

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

An agreed order was entered regarding Jose Ibarra, Docket No. 2007-1989-MLM-E on May 22, 2009, assessing $2,000 in administrative penalties.

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

An agreed order was entered regarding Addison Enterprises, Inc. dba Atwell 66, Docket No. 2007-2010-PST-E on May 22, 2009, assessing $1,070 in administrative penalties.

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

An agreed order was entered regarding Ernesto Siller, Docket No. 2008-0231-MSW-E on May 22, 2009, assessing $1,050 in administrative penalties.

A default order was entered regarding Huong Tran, Docket No. 2008-0280-PST-E on May 22, 2009, assessing $21,000 in administrative penalties.

An agreed order was entered regarding Trash Solutions, L.L.C. dba Wasted, Docket No. 2008-0313-MSW-E on May 22, 2009, assessing $1,070 in administrative penalties.

An agreed order was entered regarding City of Texarkana, Docket No. 2008-0632-PWS-E on May 22, 2009, assessing $715 in administrative penalties.

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

An agreed order was entered regarding Diamond Shamrock Refining Company, L.P., Docket No. 2008-0738-AIR-E on May 22, 2009, assessing $8,450 in administrative penalties with $1,690 deferred.

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

An agreed order was entered regarding Juan G. Rodriguez dba El Ranchito Convenience Store, Docket No. 2008-0814-PST-E on May 22, 2009, assessing $6,548 in administrative penalties with $1,309 deferred.

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

An agreed order was entered regarding The Dow Chemical Company, Docket No. 2008-0843-AIR-E on May 22, 2009, assessing $202,325 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, Enforcement Coordinator, at (361) 825-3420, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Petrus Adrianus Boekhorst dba Petal Dairy, Docket No. 2008-0972-MLM-E on May 22, 2009, assessing $11,776 in administrative penalties with $2,355 deferred.

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

A default and shutdown order was entered regarding Reddy-Gator Inc. and Swati Holding, Company dba Gator Stop 3, Docket No. 2008-1005-PST-E on May 22, 2009, assessing $17,850 in administrative penalties.

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

An agreed order was entered regarding The Premcor Refining Group Inc., Docket No. 2008-1043-AIR-E on May 22, 2009, assessing $17,100 in administrative penalties with $3,420 deferred.

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

An agreed order was entered regarding Bobby Johnson dba Blastmasters, Docket No. 2008-1054-AIR-E on May 22, 2009, assessing $16,200 in administrative penalties.

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

An agreed order was entered regarding Southwest Convenience Stores, L.L.C., Docket No. 2008-1135-AIR-E on May 22, 2009, assessing $4,850 in administrative penalties with $970 deferred.

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

An agreed order was entered regarding Aqua Utilities, Inc. dba Aqua Texas, Inc., Docket No. 2008-1294-MWD-E on May 22, 2009, assessing $7,410 in administrative penalties with $1,482 deferred.

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

An agreed order was entered regarding City of Kerens, Docket No. 2008-1486-MWD-E on May 22, 2009, assessing $16,725 in administrative penalties.

An agreed order was entered regarding Maximus Coffee Group, LP, Docket No. 2008-1619-AIR-E on May 22, 2009, assessing $3,500 in administrative penalties with $700 deferred.

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

An agreed order was entered regarding Eagle Rock Field Services, L.P., Docket No. 2008-1637-AIR-E on May 22, 2009, assessing $57,589 in administrative penalties with $11,517 deferred.

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

An agreed order was entered regarding Norit Americas, Inc., Docket No. 2008-1671-AIR-E on May 22, 2009, assessing $28,760 in administrative penalties with $5,752 deferred.

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

An agreed order was entered regarding North Texas District Council Assemblies of God, Docket No. 2008-1704-MWD-E on May 22, 2009, assessing $7,050 in administrative penalties with $1,410 deferred.

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

An agreed order was entered regarding PRO MOBIL, INC. dba Pro Mobil, Docket No. 2008-1730-PST-E on May 22, 2009, assessing $8,750 in administrative penalties with $1,750 deferred.

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

An agreed order was entered regarding City of Hackberry, Docket No. 2008-1741-MWD-E on May 22, 2009, assessing $7,800 in administrative penalties with $1,560 deferred.

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

An agreed order was entered regarding TOTAL PETROCHEMICALS USA, INC., Docket No. 2008-1773-AIR-E on May 22, 2009, assessing $43,103 in administrative penalties with $8,620 deferred.

An agreed order was entered regarding E-Z STAR INC. dba EZ Trip Food Stores 05, Docket No. 2008-1780-PST-E on May 22, 2009, assessing $2,686 in administrative penalties with $537 deferred.

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

An agreed order was entered regarding Marlow Water Supply Company, Docket No. 2008-1784-PWS-E on May 22, 2009, assessing $255 in administrative penalties with $51 deferred.

Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator, at (210) 403-4077, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CAHILL INVESTMENTS, INC. dba Resler Chevron, Docket No. 2008-1795-PST-E on May 22, 2009, assessing $8,125 in administrative penalties with $1,625 deferred.

An agreed order was entered regarding HRH Investments, LP dba John T White Shell, Docket No. 2008-1802-PST-E on May 22, 2009, assessing $2,411 in administrative penalties with $482 deferred.

An agreed order was entered regarding Federal Bureau of Prisons, Docket No. 2008-1823-PWS-E on May 22, 2009, assessing $1,079 in administrative penalties.

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

An agreed order was entered regarding City of Houston, Docket No. 2008-1871-MWD-E on May 22, 2009, assessing $7,800 in administrative penalties with $1,560 deferred.

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

An agreed order was entered regarding Gulf Coast Water Authority, Docket No. 2008-1887-SLG-E on May 22, 2009, assessing $2,080 in administrative penalties with $416 deferred.

An agreed order was entered regarding Killeen Majestic Homes, Inc., Docket No. 2008-1889-WQ-E on May 22, 2009, assessing $2,700 in administrative penalties with $540 deferred.

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

An agreed order was entered regarding E.I. du Pont de Nemours and Company, Docket No. 2008-1923-PWS-E on May 22, 2009, assessing $3,712 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator, at (361) 825-3425, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Bardwell, Docket No. 2008-1930-MWD-E on May 22, 2009, assessing $2,335 in administrative penalties with $467 deferred.

Information concerning any aspect of this order may be obtained by contacting Jennifer Graves, Enforcement Coordinator, at (956) 430-6023, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding OBBCO Ranch Corporation, Docket No. 2008-1937-AIR-E on May 22, 2009, assessing $1,100 in administrative penalties with $220 deferred.

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

An agreed order was entered regarding Lake Whitney Resorts, LLC, Docket No. 2008-1942-MLM-E on May 22, 2009, assessing $5,094 in administrative penalties with $1,018 deferred.

An agreed order was entered regarding Thomas Enterprises, Inc., Docket No. 2008-1948-EAQ-E on May 22, 2009, assessing $750 in administrative penalties with $150 deferred.

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

An agreed order was entered regarding Brian Paul Boehning dba Boehning Dairy, Docket No. 2008-1955-MLM-E on May 22, 2009, assessing $4,380 in administrative penalties with $876 deferred.

Information concerning any aspect of this order may be obtained by contacting Evette Alvarado, Enforcement Coordinator, at (512) 239-2573, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Amherst, Docket No. 2008-1968-MLM-E on May 22, 2009, assessing $1,000 in administrative penalties with $200 deferred.

Information concerning any aspect of this order may be obtained by contacting Michael Graham, Enforcement Coordinator, at (806) 796-7092, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Corpus Christi, Docket No. 2008-1971-PST-E on May 22, 2009, assessing $1,500 in administrative penalties with $300 deferred.

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

An agreed order was entered regarding Alfred Sapp, Docket No. 2009-0009-MSW-E on May 22, 2009, assessing $2,625 in administrative penalties with $525 deferred.

An agreed order was entered regarding Al Leonard dba Al Leonard Ranch, Docket No. 2009-0020-PWS-E on May 22, 2009, assessing $291 in administrative penalties with $58 deferred.

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

An agreed order was entered regarding Leander Independent School District, Docket No. 2009-0023-EAQ-E on May 22, 2009, assessing $1,875 in administrative penalties with $375 deferred.

An agreed order was entered regarding Victron Stores, L.P. dba Tiger Mart 61, Docket No. 2009-0025-PST-E on May 22, 2009, assessing $8,938 in administrative penalties with $1,787 deferred.

An agreed order was entered regarding Valet Enterprises, Inc. dba Olmos Mart, Docket No. 2009-0029-PST-E on May 22, 2009, assessing $4,500 in administrative penalties with $900 deferred.

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

An agreed order was entered regarding Sonterra Development LLC of Jarrell, Texas, Docket No. 2009-0036-MWD-E on May 22, 2009, assessing $3,440 in administrative penalties with $688 deferred.

An agreed order was entered regarding Michael D. Rose dba Freeway Chevron, Docket No. 2009-0037-PST-E on May 22, 2009, assessing $5,100 in administrative penalties with $1,020 deferred.

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

An agreed order was entered regarding HILLSIDE GROCERY, INC. dba Hillside Grocery, Docket No. 2009-0046-PST-E on May 22, 2009, assessing $5,644 in administrative penalties with $1,128 deferred.

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

An agreed order was entered regarding S.W.G., Limited Partnership dba Jonestown Liberty Mart, Docket No. 2009-0061-PST-E on May 22, 2009, assessing $7,419 in administrative penalties with $1,483 deferred.

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

An agreed order was entered regarding RESCAR, INC., Docket No. 2009-0103-AIR-E on May 22, 2009, assessing $3,050 in administrative penalties with $610 deferred.

An agreed order was entered regarding Bluff Manufacturing, Inc., Docket No. 2009-0134-AIR-E on May 22, 2009, assessing $1,050 in administrative penalties with $210 deferred.

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

An agreed order was entered regarding Horizon Retail LLC MJ's All Season Food Store, Docket No. 2009-0138-PST-E on May 22, 2009, assessing $5,196 in administrative penalties with $1,039 deferred.

An agreed order was entered regarding Texas A&M University, Docket No. 2009-0142-IWD-E on May 22, 2009, assessing $4,340 in administrative penalties with $868 deferred.

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

An agreed order was entered regarding FONDREN ADP, LTD. dba Fondren Mobil, Docket No. 2009-0144-PST-E on May 22, 2009, assessing $3,058 in administrative penalties with $611 deferred.

Information concerning any aspect of this order may be obtained by contacting Brianna Carlson, Enforcement Coordinator, at (956) 425-6021, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding RACETRAC PETROLEUM, INC. dba Raceway 6774, Docket No. 2009-0157-PST-E on May 22, 2009, assessing $5,599 in administrative penalties with $1,119 deferred.

An agreed order was entered regarding O'DONNELL OIL & BUTANE COMPANY, INC. dba Borden County Key Pumps, Docket No. 2009-0187-PST-E on May 22, 2009, assessing $1,855 in administrative penalties with $371 deferred.

An agreed order was entered regarding DJL Ventures, Inc. and Bulverde-Springs Branch EMS, Docket No. 2009-0212-MLM-E on May 22, 2009, assessing $1,900 in administrative penalties with $380 deferred.

A field citation was entered regarding John D. Walden, Jr., Docket No. 2008-1960-WOC-E on May 22, 2009, assessing $210 in administrative penalties.

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

A field citation was entered regarding Brazier Construction, Inc., Docket No. 2008-1962-WQ-E on May 22, 2009, assessing $700 in administrative penalties.

A field citation was entered regarding Parkway Construction & Associates, L.P., Docket No. 2009-0040-WQ-E on May 22, 2009, assessing $700 in administrative penalties.

A field citation was entered regarding THE ROSEBUD DEVELOPMENT LTD, Docket No. 2009-0057-WQ-E on May 22, 2009, assessing $700 in administrative penalties.

A field citation was entered regarding Rick Sage dba RCS Auto Recyclers, Docket No. 2009-0113-WQ-E on May 22, 2009, assessing $700 in administrative penalties.

A field citation was entered regarding City of Waco, Docket No. 2009-0240-WQ-E on May 22, 2009, assessing $700 in administrative penalties.

A field citation was entered regarding Sid Wright, Docket No. 2009-0245-WOC-E on May 22, 2009, assessing $210 in administrative penalties.

An order was entered regarding M.V.K, Inc. dba EZ Express 1, Docket No. 2004-00694-PST-E on June 1, 2009, assessing $1,000 in administrative penalties.

An order was entered regarding Asad Ali Corporation dba Sunrise Food Mart, Docket No. 2005-2000-PST-E on May 22, 2009, assessing $2,340 in administrative penalties.

A default order was entered regarding Juan Gomez, Docket No. 2008-0143-LII-E on May 22, 2009, assessing $625 in administrative penalties.

TRD-200902202

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 3, 2009

Notice of Meeting on July 16, 2009 in Iowa Colony, Texas Concerning the Force Road Oil and Vacuum Truck Company Proposed State Superfund Site

The purpose of the meeting is to obtain public input and information concerning the proposal to delete the Force Road Oil and Vacuum Truck Company proposed state Superfund site (the site) from the state Superfund registry.

The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing a notice of intent to delete the site from its proposed-for-listing status on the state registry. The state registry is the list of state Superfund sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The commission is proposing this deletion because it has received an application for the site to be placed in the Voluntary Cleanup Program. Final deletion of the site from the Superfund registry will be contingent upon acceptance of the application to the Voluntary Cleanup Program, pursuant to 30 TAC §335.344(c)(5).

The site, including all land, structures, appurtenances, and other improvements is approximately 28 acres located at 1722 County Road 573 (Alloy Road), northwest of Iowa Colony in Brazoria County, Texas. The site also includes any areas where hazardous substances have come to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.

The approximately 28-acre site consists of two tracts of land divided by County Road 573. The north tract consists of 16 acres of undeveloped land. The 12-acre tract of land south of County Road 573 was formerly used as a wastewater disposal and oil recovery facility from 1971 to 1983. The waste oils were received from industrial plants and service stations.

Site operations primarily involved the use of five surface impoundments for the separation of waste brought to the site. Upon entering the facility, tank trucks were unloaded into Pond 1. This pond served as the primary site for the separation of oils and wastewater. After separation, the oil was pumped off to one of the aboveground storage tanks (ASTs) and the wastewater was pumped through a series of two more ponds (Ponds 2 and 3) in which additional gravity separation occurred. Separated oil from each of these ponds was pumped into the aboveground tanks. The fourth surface impoundment was an "L" shaped waste management unit identified as the Sludge Pond (Pond 4). This pond was used to store oily wastes that were too thick to use as road oil. The Evaporation Pond (Pond 5) was the last and largest holding pond in the series of ponds at the site. After entering this pond, the wastewater was evaporated using a spray system. An impoundment was also constructed during site operations to temporarily store wastewater while the Evaporation Pond was under construction. The Temporary Holding Pond exists as a shallow depression on the west side of the site.

The only other structures remaining on the south tract are three ASTs, three underground storage tanks (USTs), and remnants of a metal pump house/storage shed. The ASTs are located along the northern portion of the former operations area adjacent to County Road 573. Two of the ASTs are estimated to be 20,000 gallons in size, and the third is estimated to be 12,000 gallons. These tanks are now empty. The USTs consist of buried railroad cars used to store various wastes. The total capacity of each UST is approximately 10,000 gallons. The tops of these tanks are exposed, and large openings have been cut in the tops of the tanks; however, no waste remains within the USTs.

In May 2009, the Force Road Task Force applied for the Voluntary Cleanup Program to remediate the site. The Response Action Plan, dated March 2009, proposes to remediate the former wastewater disposal and oil recovery facility to be protective of ecological receptors and residential land use in accordance with Remedy Standard B of the Texas Risk Reduction Program. The proposed response actions include: (1) removing and recycling the three empty ASTs; (2) abandoning the three empty USTs in place in accordance with 30 TAC §334.55(c); (3) removing the pump house/storage shed by recycling the sheet metal and placing the other building materials in the area to be capped; (4) dewatering Ponds 1 - 5, and treating (onsite with activated carbon or similar media) the water to the applicable standards prior to discharging the water to a ditch or disposing the water offsite at a permitted facility; (5) excavating affected sediment from Pond 5 and placing it in Ponds 1 - 4; (6) in-situ stabilizing the waste and affected sediment in Ponds 1 - 4 (using lime, fly ash, Portland cement or similar stabilizing agents); (7) constructing an engineered cap over Ponds 1 - 4 and the soil protective concentration level exceedence (PCLE) zones adjacent to Ponds 1 - 4; (8) constructing a security fence to include the capped area and groundwater plume management zone (PMZ); (9) filing an institutional control for the engineered cap and groundwater PMZ; and (10) two years of quarterly groundwater monitoring to demonstrate that the PCLE zones remain stable or shrinking and will permanently remain within the groundwater PMZ. Proposed post-response action care activities include: (1) monitoring and maintenance of the engineered cap for 30 years; and (2) three years of semi-annual groundwater monitoring to confirm the PCLE zones are permanently contained in the PMZ and post-response action care monitoring of groundwater is no longer necessary in accordance with 30 TAC §350.33(i).

In accordance with 30 TAC §335.344(b), the commission will hold a public meeting to receive comment on this proposed deletion. This meeting will not be a contested case hearing within the meaning of Texas Government Code, Chapter 2001. The meeting will be held on Thursday, July 16, 2009, at 7:00 p.m. at Iowa Colony City Hall, 12003 County Road 65, Iowa Colony, Texas 77583.

All persons desiring to make comments regarding the proposed deletion of the site may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m. on July 15, 2009, and should be sent in writing to Mark Arthur, P.G., Project Manager, Texas Commission on Environmental Quality, Remediation Division, MC 136, P.O. Box 13087, Austin, Texas 78711-3087 (or by facsimile at (512) 239-2450). The public comment period for this action will end at the close of the public meeting of July 16, 2009.

A portion of the record for the site including documents pertinent to the ED's proposed deletion is available for review during regular business hours at the Alvin Branch Library, 65 South Gordon Street, Alvin, Texas 77511, (281) 388-4302. The complete public file may be obtained during regular business hours at the commission's Records Management Center, Building E, First Floor, Records Customer Service, MC 199, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information. Parking for persons with disabilities is available on the east side of Building D, convenient to access ramps that are between Buildings D and E. Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (800) 633-9363 or (512) 239-1352. Requests should be made as far in advance as possible.

For further information about the public meeting, please call Kelly Peavler, Community Relations Liaison, at (800) 633-9363.

TRD-200902184

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 2, 2009

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 13, 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 July 13, 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: B&M Marshall Road, Ltd.; DOCKET NUMBER: 2008-0583-EAQ-E; TCEQ ID NUMBER: RN105468375; LOCATION: United States Highway 281 North and Marshall Road, San Antonio, Bexar County; TYPE OF FACILITY: commercial development property; RULES VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of a Water Pollution Abatement Plan prior to beginning a regulated activity over the Edwards Aquifer Recharge Zone; PENALTY: $25,000; 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.

(2) COMPANY: Citgo Refining and Chemicals, L.P.; DOCKET NUMBER: 2004-1279-AIR-E; TCEQ ID NUMBER: RN102555166; LOCATION: 1802 Nueces Bay Boulevard, Corpus Christi, Nueces County; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §§111.111(a)(1)(C), 116.115(c), 101.20(1) and (3); Permit Number 3390A and Permit Number 9604A, SC Numbers 1, 8, 11, and 15; THSC, §382.085(b), and 40 Code of Federal Regulations (CFR) §60.102 and §60.103(a), by failing to prevent unauthorized emissions from the Number 2 FCCU on October 28, 2003; PENALTY: $10,000; STAFF ATTORNEY: Jennifer Cook, Litigation Division, MC 175, (512) 239-1873; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(3) COMPANY: Citgo Refining and Chemicals Company, L.P.; DOCKET NUMBER: 2002-0290-AIR-E; TCEQ ID NUMBER: RN102555166 and 100238799; LOCATION: 1802 Nueces Bay Boulevard (the East Plant) and 7350 Interstate Highway 37 (the West Plant), Corpus Christi, Nueces County; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §101.6(a)(1) and Texas Health and Safety Code (THSC), §382.085(b), by failing to notify the TCEQ's regional office within 24 hours after the discovery of two upset events, both of which occurred on August 8, 2001; 30 TAC §116.115(b)(2)(G) and (c), TCEQ Permit Number 2704A, General Provision Number 1, TCEQ Permit Number 2703A, Special Provision Number 1, TCEQ Permit Number 3390A, Special Provision Number 1, and THSC, §382.085(b), by failing to obtain regulatory authority or meet the demonstration requirements of 30 TAC §101.111 for upset emissions resulting from two separate events which occurred on August 8, 2001; 30 TAC §116.115(b)(2)(F), Permit Number 3123A, SC Number 1, and THSC, §382.085(b), by failing to demonstrate compliance with the Maximum Allowable Emission Rate of Permit Number 3123A during a stack test performed at the East Plant, 30 TAC §116.115(c), Permit Number 46641, SC Number 1, and THSC, §382.085(b), by failing to prevent an unauthorized emission event which occurred May 26, 2004, at the Terminal Tank Farm of the East Plant; 30 TAC §116.115(b)(2)(E), and THSC, §382.085(b), by failing to maintain records containing the information and data sufficient to demonstrate compliance with the permit, including production records; 30 TAC §116.115(c), Permit Number 8778A, SC Number 30, and THSC, §382.085(b), by failing to maintain the Tail Gas Incinerator firebox exit temperature at a minimum of 1,475 degrees Fahrenheit; 30 TAC §116.115(c), Permit Number 7741A, SC Number 9, and THSC, §382.085(b), by failing to meet the fugitive emission monitoring requirements as specified in the permit; 30 TAC §113.340, THSC, §382.085(b), and 40 CFR §63.654(f)(6), by failing to submit the Notification of Compliance Status Report for maximum available control technology (MACT) Tank Numbers 6011, 6012, and 6015; 30 TAC §101.20 and §113.340, THSC, §382.085(b), and 40 CFR §§60.487(a), 60.592(e), and 63.648(a), by failing to submit the MACT-Subpart CC volatile organic compound semi-annual report for the first half of 2003; 30 TAC §116.115(c), Permit Number 7741A, SC Number 8F and Permit Number 8778A, SC Number 12F, THSC, §382.085(b), and 40 CFR §60.485(b)(1), by failing to properly calibrate the gas analyzer; PENALTY: $68,640; Supplemental Environment Project offset amount of $34,320 applied to Texas Parent Teachers Association d/b/a Texas PTA Clean School Buses; STAFF ATTORNEY: Jennifer Cook, Litigation Division, MC 175, (512) 239-1873; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(4) COMPANY: Diamond Shamrock Refining Company, L.P.; DOCKET NUMBER: 2008-0384-AIR-E; TCEQ ID NUMBER: RN100210517; LOCATION: 6701 Farm-to-Market 119, Moore County; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §101.201(b)(1)(D), (G), (H), and (J) and THSC, §382.085(b), by failing to include the common name of the facilities, compound descriptive type and estimated quantities of all compounds released, and the cause of the emissions event (Incident Number 96231) in the final emissions event report; 30 TAC §101.20(3) and §116.715(a), THSC, §382.085(b), and Flexible Permit Number 9708/PST-TX-861M2, Special Condition (SC) Number 2, by failing to prevent unauthorized emissions; 30 TAC §101.201(b)(1)(G) and THSC, §382.085(b), by failing to identify the compound descriptive type of all compounds released during an emissions event (Incident Number 97187) on the final emissions event; 30 TAC §101.20(3) and §116.715(a), THSC, §382.085(b), and Flexible Permit Number 9708/PSD-TX-861M2, SC Number 2, by failing to prevent unauthorized emissions; 30 TAC §101.20(3) and §116.715(a), THSC, §382.085(b), and Flexible Permit Number 9708/PSD-TX-861M2, SC Number 10, by failing to operate combustion sources with fuel at or below the maximum hydrogen sulfide concentration limit of 0.10 grain per dry standard cubic feet (162 parts per million), resulting in unauthorized emissions sulfur dioxide; 30 TAC §101.20(3) and §116.715(a), THSC, §382.085(b), and Flexible Permit Number 9708/PSD-TX-861M2, SC Number 16, by failing to operate Sulfur Recovery Unit (SRU) 1 with a minimum firebox temperature of 1,200 degrees Fahrenheit on September 22 and October 19, 2007, and SRU 2 on November 2, 2007; 30 TAC §101.20(3) and §116.715(a), THSC, §382.085(b), and Flexible Permit Number 9708/PSD-TX-861M2, SC Number 25, by failing to operate the FCCU stack at or below the maximum opacity limit of 15% 17 times in June 2007, 15 times in August 2007, twice in September 2007, ten times in October 2007, and once in November 2007; 30 TAC §101.20(3) and §116.715(a), THSC, §382.085(b), and Flexible Permit Number 9708/PSD-TX-861M2, SC Number 9.B., by failing to operate flares with a pilot flame present at all times; and 30 TAC §101.20(3) and §116.715(a), THSC, §382.085(b), and Flexible Permit Number 9708/PSD-TX-861M2, SC Number 9.C., by failing to operate the FCCU Flare with no visible emissions on September 7, 9, and 10, 2007; PENALTY: $93,236, Supplemental Environmental Project offset amount of $46,618 applied to Texas Association of Resource Conservation and Development Areas, Inc., Abandoned Tire Cleanups; STAFF ATTORNEY: Anna Treadwell, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Amarillo Regional Office, 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(5) COMPANY: Glazer's Wholesale Drug Company, Inc.; DOCKET NUMBER: 2009-0026-PST-E; TCEQ ID NUMBER: RN102456753; LOCATION: 101 45th Street, Corpus Christi, Nueces County; TYPE OF FACILITY: wholesale fleet refueling facility; RULES VIOLATED: 30 TAC §334.49(c)(2)(C) and (4) and TWC, §26.3475(d), by failing to inspect the impressed current cathodic protection system at least once every 60 days to ensure the rectifier and other components are operating properly and by failing to test the corrosion protection system once every three years; 30 TAC §334.49(c)(4), and TWC, §26.3475(d), by failing to test the corrosion protection system once every three years; and 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to ensure that all underground storage tanks are monitored in a manner which will detect a release at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $11,159; STAFF ATTORNEY: Michael Fishburn, Litigation Division, MC 175, (512) 239-0635; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(6) COMPANY: Kenneth Campbell; DOCKET NUMBER: 2008-0614-MLM-E; TCEQ ID NUMBER: RN105232722; LOCATION: intersection of Loop 500 and State Highway 87, near Center, Shelby County; TYPE OF FACILITY: municipal solid waste; RULES VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by failing to comply with the prohibition on outdoor burning; and 30 TAC §330.15, by failing to properly dispose of municipal solid waste at an authorized facility; PENALTY: $2,378; STAFF ATTORNEY: Benjamin Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

TRD-200902186

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 2, 2009

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 13, 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 July 13, 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: Grupo Victoria Corporation dba Los Tejanos Meat Market; DOCKET NUMBER: 2008-1071-PST-E; TCEQ ID NUMBER: RN101433282; LOCATION: 4401 McPherson Road, Laredo, Webb County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(a)(1)(A), (d)(1)(B)(ii), (iii)(I) and §335.50(b)(2)(A)(i)(III) and TWC, §26.3475(a) and (c)(1), by failing to provide a method of release detection capable of detecting a release from any portion of the underground storage tank (USTs) system which contained regulated substances, by failing to test the line leak detectors at least once per year for performance and operational reliability, by failing to conduct reconciliation of detailed inventory control records at least once each month, sufficiently accurate to detect a release as small as the sum of 1.0% of the total substance flow-through from the month plus 130 gallons, and by failing to record inventory volume measurement for regulated substance inputs, withdrawals, and the amount remaining in the tank each operating day; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs involved in the retail sale of petroleum substances used as a motor fuel. PENALTY: $6,096; STAFF ATTORNEY: Tammy Mitchell, Litigation Division, MC 175, (512) 239-0736; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

TRD-200902187

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 2, 2009

Notice of Water Quality Applications

The following notices were issued during the period of May 21, 2009 through May 29, 2009.

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

INFORMATION SECTION

CITY OF GANADO has applied for a renewal of TPDES Permit No. WQ0010010001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 350,000 gallons per day. The facility is located approximately 800 feet southwest of the City of Ganado limits and approximately 1,900 feet west of the intersection of Baker Street and State Highway 172, at the end of Baker Street in Jackson County, Texas.

THE CITY OF AUSTIN has applied for a renewal with changes of TPDES Permit No. WQ0011459001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 990,000 gallons per day. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,300,000 gallons per day. The facility is located 1,700 feet southwest of the intersection of U.S. Highway 183 and Farm-to-Market Road 620 and approximately 5,800 feet northwest of the intersection of U.S. Highway 183 and Anderson Mill Road in Williamson County, Texas.

CREEK PARK CORPORATION has applied for a renewal of TPDES Permit No. WQ0014556001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 6,100 gallons per day. The facility is located 0.75 mile south of the intersection of Farm-to-Market Road 917 and Farm-to-Market Road 1902, approximately 1/4 mile west of the intersection of Pleasant Oaks Road and County Road 1022 and approximately 2 miles east-southeast of the City of Joshua in Johnson County, Texas.

NALCO COMPANY which operates Nalco Company WWTP, a plant that produces anti-foaming agents used in the paper industry, has applied for a minor amendment of TPDES Permit No. WQ0002955000, authorizing removal of Total Suspended Solids (TSS) from the effluent limitations page of the permit, and simultaneously replacing it with Temperature. During the previous permit action, TSS was inadvertently listed on the effluent limitations page instead of Temperature. The existing permit authorizes the discharge of non-contact cooling water at a daily average flow not to exceed 40,000 gallons per day via Outfall 001. The facility is located at 3901 Terry Street, one-third of a mile east of Loop 151 (U.S. Highway 59) and two-thirds of a mile south of U.S. Highway 67 in the City of Texarkana, Bowie County, Texas 75501.

PHILLIPS ELECTRONICS NORTH AMERICA CORPORATION which operates a groundwater treatment unit at a former electronics manufacturing facility, has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0003835000, which authorizes the discharge of treated groundwater at a daily average flow not to exceed 28,800 gallons per day via Outfall 001. The facility is located on Harvey Road approximately 1.5 miles south of U.S. Highway 180 and approximately 0.4 miles east of Farm-to-Market Road 1195 in the City of Mineral Wells, Parker County, Texas.

WEBB COUNTY which operates Webb County Colorado Acres Water Plant, has applied for a renewal of TCEQ Permit No. WQ0004184000, which authorizes the disposal of reject water from the reverse osmosis treatment plant at a daily average flow not exceed 28,800 gallons per day via evaporation. The draft permit authorizes the disposal of reject water from the reverse osmosis treatment plant at a daily average flow not to exceed 9,500 gallons per day via evaporation. This permit will not authorize a discharge of pollutants into water in the State. The facility and land application site are located North of State Highway 59, approximately 15 miles east of the City of Laredo, Webb County, Texas, Webb County, Texas.

NAVARRO GENERATING LLC which proposes to operate Navarro Energy Center, a natural gas fired combined cycle electric generating facility, has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004870000, to authorize the discharge of cooling tower blowdown and low volume waste sources at a daily average flow not to exceed 1,430,000 gallons per day via Outfall 001, and storm water on an intermittent and flow variable basis via Outfall 002. The facility is located at the intersection of Farm-to-Market Road 1394 and Southwest County Road 2100, approximately 3.3 miles southwest of Richland, Navarro County, Texas.

CITY OF RALLS has applied for a renewal of TCEQ Permit No. WQ0010116001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 259,000 gallons per day via irrigation of 255 acres of restricted access land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located near the intersection of Pecan Street and First Street; 3,000 feet southeast of the intersection of U.S. Highway 82 and State Highway 207 in Crosby County, Texas.

CITY OF WEST COLUMBIA has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0010312001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,600,000 gallons per day. The facility is located on Fourth Street, approximately 1.7 miles east of the intersection of State Highway 35 (Business) and State Highway 36 in Brazoria County, Texas.

CITY OF BALLINGER has applied for a renewal of TCEQ Permit No. WQ0010325003, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 375,000 gallons per day via surface irrigation of 160 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into water in the State. The wastewater treatment facility and disposal site are located 3,000 feet southeast of the crossing of U.S. Highway 67 and Elm Creek and 4,000 feet east of the intersection of U.S. Highway 67 and 83 near the courthouse in the City of Ballinger in Runnels County, Texas.

CITY OF OLTON has applied for a renewal of TCEQ Permit No. WQ0010357001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day via surface irrigation of 49.8 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately one mile south of the intersection of U.S. Highway 70 and Farm-to-Market Road 168, and 1/4 mile east of Farm-to-Market Road 168 in Lamb County, Texas.

CITY OF BELLEVUE has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0011235003, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 33,000 gallons per day. The facility was previously permitted under TPDES Permit No. WQ0011235001 which expired December 1, 2006. The facility is located due north of Bellevue, approximately 900 feet east of Farm-to-Market Road 1288 and 0.35 mile north of the intersection of U.S. Highway 287 and Farm-to-Market Road 1288 in Clay County, Texas.

PRAIRIE VIEW A&M UNIVERSITY has applied for a renewal of TPDES Permit No. WQ0011275002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The facility is located on the northwest section of Prairie View A&M Campus, approximately 500 feet east of Farm-to-Market Road 1098 and 1.0 mile north of U.S. Highway 290 in Waller County, Texas.

MANITOU LTD INCORPORATED has applied for a renewal of TPDES Permit No. WQ0012015001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 240,000 gallons per day. The facility is located approximately 1 mile southwest of the intersection of North Graham Road and Farm-to-Market Road 2145 and approximately 2 miles south of the intersection of Farm-to-Market Road 2818 and Farm-to-Market Road 2154 in Brazos County, Texas.

WALL INDEPENDENT SCHOOL DISTRICT has applied for a major amendment to Permit No. WQ0013421001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 18,000 gallons per day via surface irrigation of 3.5 acres of non-public access agricultural land. The current permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 18,000 gallons per day via subsurface area drip dispersal system irrigation of 4.2 acres of public access land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located on the south side of the Wall Independent School District campus, approximately 0.5 mile south of the intersection of Loop 570 and Hawk Avenue, in the community of Wall in Tom Green County, Texas.

HAYS COUNTY DEVELOPMENT DISTRICT NO. 1 has applied for a renewal of TCEQ Permit No. WQ0014208001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day via surface irrigation on 120 acres of golf course. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site will be located approximately 1,000 feet west of Ranch Road 12 and approximately 1.5 miles south of the intersection of U.S. Highway 290 and Ranch Road 12 in Hays County, Texas.

METHODIST CHILDRENS HOME has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014464002, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 7,500 gallons per day. This facility was previously authorized to discharge under (TPDES) Permit No. WQ0014464001, which expired December 1, 2008. The facility is located 3.17 miles southwest of the intersection of U.S. Highway 84 and Loop 340 in McLennan County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 459 has applied for a renewal of TPDES Permit No. WQ0014554001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 180,000 gallons per day. The facility is located approximately one mile southeast of the intersection of Interstate 10 and Sjolander Road in Harris County, Texas.

AQUA WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. WQ0014607001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 750,000 gallons per day. The facility is located on an access road off Fagerquist Road, approximately 0.8 mile south of the intersection of Wolf Lane and Pearce Lane in Bastrop County, Texas.

CITY OF EDCOUCH has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014919001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 310,000 gallons per day. The facility was previously permitted under TPDES Permit No. WQ0013916001 which expired July 1, 2005. The facility is located approximately 0.5 mile northeast of the intersection of State Highway 107 and Farm-to-Market Road 1015 in Hidalgo County, Texas.

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

TRD-200902201

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 3, 2009

Texas Ethics Commission

List of Late Filers

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

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

William A. White, 18 Nursery Road, The Woodlands, Texas 77380-4001

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

William A. White, 18 Nursery Road, The Woodlands, Texas 77380-4001

Deadline: Semiannual Report due January 15, 2009 for Candidates and Officeholders

Frank D. Brown, 307 North 8th St., Alpine, Texas 78930-4503

Neil L. Durrance, 1108 N. Locust St., Denton, Texas 76201-2958

Deadline: 30-day Pre-election Report due April 9, 2009

Jason D. Fife, Republican Party of Waller County (CEC), P.O. Box 697, Pattison, Texas 77466

Deadline: Monthly Report due April 6, 2009 for Committees

Cindy P. Milrany, Freese and Nichols PAC, 4055 International Plaza, Ste. 200, Fort Worth, Texas 76109

Deadline: Lobby Activities Report due September 10, 2008

Douglas Dunsavage, 8200 Brookriver Dr., Ste. N-100, Dallas, Texas 75247

Deadline: Lobby Activities Report due December 10, 2008

Jessica Balladares Bennett, 12007 Research Blvd., Ste. 201, Austin, Texas 78759

Deadline: Lobby Activities Report due January 12, 2009

Kym Nicole Olson, 1001 Louisiana St., Houston, Texas 77002

Deadline: Lobby Activities Report due February 10, 2009

Rochonda Farmer-Neal, Baylor University, One Bear Place #97133, Waco, Texas 76798

Jana L. Hixson, Baylor University, One Bear Place #97133, Waco, Texas 76798

Deadline: Lobby Activities Report due March 10, 2009

Frank Jackson, 701 Brazos #500, Austin, Texas 78701

Deadline: Lobby Activities Report due April 10, 2009

Thomas Rene Aguillon, 1900 Blue Crest Ln., San Antonio, Texas 78247

Rochonda Farmer-Neal, Baylor University, One Bear Place #97133, Waco, Texas 76798

Amy Fitzgerald, 5604 Southwest Pkwy. #2613, Austin, Texas 78735

L. Alan Gray, 1212 Guadalupe #1003, Austin, Texas 78701

Jana L. Hixson, Baylor University, One Bear Place #97133, Waco, Texas 76798

Deadline: Personal Financial Statement due October 30, 2008

Stephanie E. Simmons, 3918 Emerald Lake Dr., Missouri City, Texas 77459

TRD-200902058

David Reisman

Executive Director

Texas Ethics Commission

Filed: May 28, 2009

Texas Facilities Commission

Request for Proposals #303-9-11951

The Texas Facilities Commission (TFC), on behalf of the Texas Health and Human Services Commission, and the Department of Assistive and Rehabilitative Services, announces the issuance of Request for Proposals (RFP) #303-9-11951. TFC seeks a five or ten year lease of approximately 16,754 square feet of office space in Round Rock, Williamson County, Texas.

The deadline for questions is June 22, 2009 and the deadline for proposals is July 6, 2009 at 3:00 p.m. The award date is August 19, 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=82899.

TRD-200902214

Kay Molina

General Counsel

Texas Facilities Commission

Filed: June 3, 2009

General Land Office

Public Notice of Damage Assessment Restoration Plan - Galveston Bay Mystery Spills (Natural Resource Trustee Program)

Notice of Intent to Conduct Restoration Planning Pursuant to the Oil Pollution Act of 1990 and 15 C.F.R. §990.44

Summary. Under the Oil Pollution Act of 1990 (OPA), and in accordance with the provisions of relevant regulations at 15 C.F.R. §990.42 and §990.44, the Texas Natural Resource Trustees (Texas Commission on Environmental Quality, Texas Parks and Wildlife Department, and Texas General Land Office) are proceeding with a Natural Resource Damage Assessment (NRDA), which shall include injury assessment and restoration planning for three Galveston Bay Mystery Spills (Spills) which occurred October 11, 1999, October 14, 2000, and December 18, 2004. The purpose of OPA is to make the environment and public whole for injuries to natural resources and resource services resulting from an incident involving a discharge of oil. The Trustees submitted a claim for past and future natural resource damage assessment costs associated with 13 Galveston Bay area spills to the U.S. Coast Guard National Pollution Funds Center (NPFC) on November 22, 2006. The NPFC ultimately determined that costs for three of the major spills are compensable. The NRDA will identify and quantify the nature and extent (both temporal and spatial) of injuries to natural resources and resource services arising out of the Spills and develop plans for the restoration, replacement, or rehabilitation of those injured resources, or the acquisition of equivalent resources or resource services. The assessment will be conducted pursuant to the regulations for NRDA, as contained in 15 C.F.R. Part 990, and in accordance with the assessment procedures and overall approach specified by the NPFC in the claims award letter of August 18, 2008. The NRDA will address natural resources and resource services in Galveston Bay for injuries attributable to the Spills that have been or can be determined.

October 1999 Oil Spill, Trinity Bay. On October 11, 1999, a shrimper discovered a leaking pipeline in Trinity Bay, three miles south of Beach City, Texas. The pipeline was leaking in three different places, creating an oil slick 1 mile x 2 miles in the open waters of the bay. Field investigation determined the 2-inch pipeline to be abandoned, with the bay end of the line not connected to any of the wells in the bay and the shore end of the pipeline also not connected to an existing pipeline. The abandoned pipeline was sealed at both ends and the broken section was removed by crane. The spill amount was estimated to be 3,150 gallons, with none of the spilled amount recovered. Subsequent investigation was unable to identify a responsible party.

October 14, 2000 Naptha Spill, Houston Ship Channel. On October 14, 2000, approximately four barrels of Naptha were spilled from the Manchester Dock #3 area of the Houston Ship Channel. The spill created a 0.5 mile by 300-yard sheen resulting in the oiling of five birds and approximately 1500 feet of channel rock/rip/rap. The birds were cleaned, but the rock/rip/rap was considered uncleanable. One hundred and sixty-eight gallons were spilled and an estimated 147 gallons were recovered. No responsible party was identified for this incident.

December 18, 2004 Crude Oil Spill, Highland Bayou. Because of corrosion, an abandoned tank battery near Highway 6 in Hitchcock, Texas released the entire contents of a tank into the surrounding marsh and Highland Bayou. An estimated 9,640 gallons of crude oil was released. Most of the spill was recovered, however the surrounding marsh was oiled, as well as several birds. Multiple potentially responsible parties were identified, but none accepted responsibility.

Responsibilities of the Trustees and the Oil Spill Liability Trust Fund. Multiple natural resources were exposed to oil from these Spills and experienced injuries. Documented damage to marsh areas, other shoreline areas, shrimp, and birds occurred. Pre-assessment modeling has also demonstrated that significant numbers of waterfowl and seabirds beyond those observed were probably impacted due to the size of the spills. The Trustees are responsible for assessing damages to natural resources under their trusteeship that resulted from the Spills, developing a plan for the restoration of injured resources, and pursuing funding from responsible parties. Since no responsible parties were found, the Trustees requested funding for restoration plan implementation from the Oil Spill Liability Trust Fund (OSLFT) administered by the U.S. Coast Guard National Pollution Funds Center. The Trustees selected the Texas General Land Office as the Lead Administrative Trustee (LAT) to coordinate the NRDA for these spills.

The Trustees submitted a claim for past and future natural resource damage assessment costs associated with 13 Galveston Bay area spills to the NPFC on November 22, 2006. The NPFC ultimately determined August 18, 2008 that costs for three of the major spills are compensable. Additional information on the NPFC, OSLTF, and the oil spill claim process can be obtained from the NPFC website at http://www.uscg.mil/hq.npfc/.

Trustee Determinations.

1. Jurisdiction. The Trustees have determined pursuant to 15 C.F.R. §990.41 that they have jurisdiction under OPA to pursue restoration for the Spills. Specifically:

a. Spills into the Houston Ship Channel, Trinity Bay, and Highland Bayou were discharges into or upon navigable waters or adjoining shorelines.

b. The spills were not permitted under federal, state, or local law.

c. The spills were not from a public vessel.

d. The spills did result or may have resulted in injuries to natural resources under the trusteeship of the Texas Trustees.

2. Determination to Conduct Restoration Planning. The Trustees have determined pursuant to 15 C.F.R. §990.42 that the necessary conditions prerequisite to restoration planning have been met. Specifically:

a. Injuries to natural resources have resulted, or are likely to result from the Spills.

b. Response actions have not adequately addressed the injuries resulting from the Spills.

c. Feasible primary and/or compensatory restoration actions exist to address the potential injuries.

Potential Resource Injuries and Restoration Actions. The November 22, 2006 damage assessment claim outlined injuries arising out of the three spills including, but is not limited to the following:

1. October 1999 Oil Spill, Trinity Bay. Oiling and mortality of waterfowl, seabirds, shorebirds, and wading birds.

2. October 14, 2000 Naptha Spill, Houston Ship Channel. Oiling and mortality of waterfowl and seabirds. Oil staining of vegetated shoreline and invertebrates on hard structures.

3. December 18, 2004 Crude Oil Spill, Highland Bayou. Oiling and mortality of waterfowl, seabirds, shorebirds, and wading birds. Dead shrimp. Oiling of surrounding marsh and shoreline of Highland Bayou.

The type and scale of potential restoration actions that are necessary and appropriate to address natural resource injuries attributable to the Spills will be determined as a part of the injury assessment and restoration planning that are the subjects of this Notice. Such actions might include, but are not limited to: replacement/restoration of, or increased protections for, habitats and/or biological resources of the types injured by the Spills. As required by OPA and pursuant to 15 C.F.R. §990.55, the planning of any restoration actions as part of the NRDA will be subject to public review and comment prior to the finalization of the Restoration Plan.

A full discussion and description of the potential assessment procedures to evaluate the injuries and define the appropriate type and scale of restoration for the injured natural resources and services may be found in the Trustee's assessment claim document entitled "2006 Galveston Bay Area Oil Spills Natural Resource Damage Assessment" (November 3, 2006). In summary, injuries resulting directly or indirectly from the Spills shall be determined and quantified through spill history file review, the use of oil spill fate and effects computer modeling, literature review, site visits, and interviews with witnesses. Restoration planning shall occur through surveys of available and appropriate projects to compensate for interim losses, or accelerate recovery, where feasible. Restoration projects will be sized (scaled) using a service-to-service scaling approach for lost biological resources.

Administrative Record. The Trustees have opened an Administrative Record (Record) in compliance with 15 C.F.R. §990.45. As restoration planning for the Spills proceeds, the Record will be periodically updated to include documents relied upon by the Trustees in making decisions pertaining to the injury assessment and restoration planning that are the subjects of this Notice. The Record is on file with the Natural Resource Trustee Program, Coastal Resources Program, Texas General Land Office. For access, please contact David Parmer at the address, phone number, or email listed below.

Opportunity to Comment. Pursuant to 15 C.F.R. §990.14 and §990.55, the Trustees will seek public involvement in restoration planning for the Spills through public review of, and comment on, this Notice of Intent (Notice), and the draft Damage Assessment and Restoration Plan (DARP), once it is completed. When the draft DARP is prepared, the public will be notified of its availability and the opportunity to comment. Prior to completion of the draft DARP, the public is invited to submit any information or comments that may inform the injury assessment and restoration planning process. Written comments on this notice will be accepted 30 days from publication in the Texas Register.

Questions or comments concerning this Notice or the Record may be directed to: David Parmer, Natural Resource Trustee Program, Coastal Resources Program, Texas General Land Office, 1700 N. Congress Avenue, P.O. Box 12873, Austin, Texas 78711, (512) 936-7958, david.parmer@glo.state.tx.us.

TRD-200902192

Larry L. Laine

Chief Clerk, Deputy Land Commissioner

General Land Office

Filed: June 2, 2009

Texas Health and Human Services Commission

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 1, 2009, at 9:00 a.m. to receive public comment on rate increases for the Community Based Alternatives (CBA) waiver program operated by the Department of Aging and Disability Services (DADS). The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.105(g), which require public notice and hearings on proposed Medicaid reimbursements. The public hearing will be held in the Lone Star Conference Room of the 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 increase the rates for certain services provided under CBA. The proposed rates will be effective September 1, 2009, and were determined in accordance with the rate setting methodologies listed below under "Methodology and Justification."

Methodology and Justification. The proposed rates were determined in accordance with the rate setting methodologies codified at: §355.112, Attendant Compensation Rate Enhancement; §355.114, Consumer Directed Services Payment Option; proposed new §355.502, Reimbursement Methodology for Professional Services in Home and Community-Based Services Waivers; and proposed amended §355.503, Reimbursement Methodology for the Community-Based Alternatives Waiver and Assisted Living/Residential Care Programs.

The proposed amendments to §355.503 and the proposed new §355.502 will be published in the July 3, 2009, issue of the Texas Register. These proposed new rule and amendments to the rules will give HHSC the authority to combine allowable costs per unit of service for identical professional services from all DADS 1915(c) waiver programs into a single database for use in determining rates for these services. The proposed amendments to §355.505 also add a reimbursement methodology for day activity and health services (DAHS) and continued family services.

The proposed rates for CBA were subsequently adjusted in accordance with §355.101, Introduction, and §355.109, Adjusting Reimbursement When New Legislation, Regulations or Economic Factors Affect Costs. These changes are being made in accordance with the 2010-11 General Appropriations Act (Article II, S.B. 1, 81st Legislature, Regular Session, 2009), which appropriated $110,298,243 general revenue funds for the State Fiscal Year 2010-2011 biennium for Medicaid rate increases for DADS' community care programs.

Briefing Package. A briefing package describing the proposed payment rates will be available on June 17, 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, 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.

TRD-200902206

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: June 3, 2009

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 1, 2009, at 9:00 a.m. to receive public comment on rate increases for the Community Living Assistance and Support Services (CLASS) waiver program operated by the Department of Aging and Disability Services (DADS). The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.105(g), which require public notice and hearings on proposed Medicaid reimbursements. The public hearing will be held in the Lone Star Conference Room of the 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 increase the rates for certain services provided under CLASS. The proposed rates will be effective September 1, 2009, and were determined in accordance with the rate setting methodologies listed below under "Methodology and Justification."

Methodology and Justification. The proposed rates were determined in accordance with the rate setting methodologies codified at: §355.112, Attendant Compensation Rate Enhancement; §355.114, Consumer Directed Services Payment Option; proposed new §355.502, Reimbursement Methodology for Professional Services in Home and Community-Based Services Waivers; proposed amended §355.505, Reimbursement Methodology for the Community Living Assistance and Support Services Waiver Program; and §355.6907, Reimbursement Methodology for Day Activity and Health Services.

The proposed amendments to §355.505 and the proposed new §355.502 will be published in the July 3, 2009, issue of the Texas Register. These proposed new rule and amendments to the rules will give HHSC the authority to combine allowable costs per unit of service for identical professional services from all DADS 1915(c) waiver programs into a single database for use in determining rates for these services.

The proposed rates for CLASS were subsequently adjusted in accordance with §355.101, Introduction, and §355.109, Adjusting Reimbursement When New Legislation, Regulations or Economic Factors Affect Costs. These changes are being made in accordance with the 2010-11 General Appropriations Act (Article II, S.B. 1, 81st Legislature, Regular Session, 2009), which appropriated $110,298,243 general revenue funds for the State Fiscal Year 2010-2011 biennium for Medicaid rate increases for DADS' community care programs.

TRD-200902208

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: June 3, 2009

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 1, 2009, at 9:00 a.m. to receive public comment on rate increases for the Deaf-Blind with Multiple Disabilities (DBMD) waiver program operated by the Department of Aging and Disability Services (DADS). The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.105(g), which require public notice and hearings on proposed Medicaid reimbursements. The public hearing will be held in the Lone Star Conference Room of the 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 increase the rates for certain services provided under DBMD. The proposed rates will be effective September 1, 2009, and were determined in accordance with the rate setting methodologies listed below under "Methodology and Justification."

Methodology and Justification. The proposed rates were determined in accordance with the rate setting methodologies codified at: §355.112, Attendant Compensation Rate Enhancement; §355.114, Consumer Directed Services Payment Option; proposed new §355.502, Reimbursement Methodology for Professional Services in Home and Community-Based Services Waivers; and proposed new §355.513, Reimbursement Methodology for the Deaf-Blind with Multiple Disabilities Waiver Program.

The proposed new §355.502 and §355.513 will be published in the July 3, 2009, issue of the Texas Register. Proposed new §355.502 will give HHSC the authority to combine allowable costs per unit of service for identical professional services from all DADS 1915(c) waiver programs into a single database for use in determining rates for these services. Proposed new §355.513 moves the reimbursement methodology language from §355.9022, Reimbursement Methodology for Community-Based Services Provided to People Who Are Deaf-Blind with Multiple Disabilities, which is simultaneously being proposed to be repealed, to a more appropriate subchapter. The proposed §355.513 also adds a reimbursement methodology for requisition fees to provide payments for the cost of acquiring adaptive aids and minor home modifications for consumers.

The proposed rates for DBMD were subsequently adjusted in accordance with §355.101, Introduction, and §355.109, Adjusting Reimbursement When New Legislation, Regulations or Economic Factors Affect Costs. These changes are being made in accordance with the 2010-11 General Appropriations Act (Article II, S.B. 1, 81st Legislature, Regular Session, 2009), which appropriated $110,298,243 general revenue funds for the State Fiscal Year 2010-2011 biennium for Medicaid rate increases for DADS' community care programs.

TRD-200902212

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: June 3, 2009

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 1, 2009, at 9:00 a.m. to receive public comment on proposed rate increases for the following community care programs and services operated by the Department of Aging and Disability Services (DADS): Community Based Alternatives Assisted Living/Residential Care (CBA AL/RC); Community Based Alternatives Personal Care III (CBA PC III); Day Activity and Health Services (DAHS); Medically Dependent Children Program (MDCP); Primary Home Care (PHC); and Residential Care (RC). 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. The public hearing will be held in the Lone Star Conference Room of the 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 adopt payment for certain services provided under the programs listed above. The proposed rates will be effective September 1, 2009, and were determined in accordance with the rate setting methodologies listed below under "Methodology and Justification."

Methodology and Justification. The proposed rates for CBA AL/RC were determined in accordance with the rate setting methodologies codified at: 1 TAC §355.112, Attendant Compensation Rate Enhancement; proposed amended 1 TAC §355.503, Reimbursement Methodology for the Community-Based Alternatives Waiver Program and Assisted Living/Residential Care Programs; proposed new 1 TAC §355.502, Reimbursement Methodology for Professional Services in Home and Community-Based Services Waivers, and 1 TAC §355.509, Reimbursement Methodology for Residential Care. The proposed rule amendments to 1 TAC §355.503 and new 1 TAC §355.502, which will be published in the July 3, 2009, issue of the Texas Register, will give HHSC the authority to combine allowable costs per unit of service for identical professional services from all DADS 1915(c) waiver programs into a single database for use in determining rates for these services.

The proposed rates for CBA PC III were determined in accordance with the rate setting methodologies codified at proposed amended 1 TAC §355.503, Reimbursement Methodology for the Community-Based Alternatives Waiver Program and Assisted Living/Residential Care Programs, and 1 TAC §355.509, Reimbursement Methodology for Residential Care. The proposed rule amendments to 1 TAC §355.503, which will be published in the July 3, 2009, issue of the Texas Register, are outlined above.

The proposed rates for DAHS were determined in accordance with 1 TAC §355.112, Attendant Compensation Rate Enhancement, and 1 TAC §355.6907, Reimbursement Methodology for Day Activity and Health Services.

The proposed rates for MDCP were determined in accordance with 1 TAC §355.112, Attendant Compensation Rate Enhancement, 1 TAC §355.114, Consumer Directed Services Payment Option, proposed new 1 TAC §355.502, Reimbursement Methodology for Professional Services in Home and Community-Based Services Waivers, and proposed amended 1 TAC §355.507, Reimbursement Methodology for the Medically Dependent Children Program. The proposed rule amendments to 1 TAC §355.507, which will be published in the July 3, 2009, issue of the Texas Register, remove language relating to nursing rates prior to September 1, 2007, rates for independent nurses, and language on pro forma reimbursement methodology. The proposed amendments and proposed new 1 TAC §355.502 will also give HHSC the authority to combine allowable costs per unit of service for identical professional services from all DADS 1915(c) waiver programs into a single database for use in determining rates for these services.

The proposed rates for PHC were determined in accordance with 1 TAC §355.112, Attendant Compensation Rate Enhancement, 1 TAC §355.114, Consumer Directed Services Payment Option, and 1 TAC §355.5902, Reimbursement Methodology for Primary Home Care.

The proposed rates for RC were determined in accordance with 1 TAC §355.112, Attendant Compensation Rate Enhancement, and 1 TAC §355.509, Reimbursement Methodology for Residential Care.

The proposed rates for the programs listed above were subsequently adjusted in accordance with 1 TAC §355.101, Introduction, and 1 TAC §355.109, Adjusting Reimbursement When New Legislation, Regulations or Economic Factors Affect Costs. These changes are being made in accordance with the 2010-11 General Appropriations Act (Article II, Senate Bill 1, 81st Legislature, Regular Session, 2009), which appropriated $110,298,243 general revenue funds for the State Fiscal Year 2010-2011 biennium for Medicaid rate increases for DADS' community care programs.

TRD-200902213

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: June 3, 2009

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 1, 2009, at 11:00 a.m. to receive public comment on rate increases for the Youth Empowerment Services (YES) waiver program operated by the Department of State Health Services (DSHS). The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.105(g), which require public notice and hearings on proposed Medicaid reimbursements. The public hearing will be held in the Lone Star Conference Room of the 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 adopt rates for the YES waiver program. The proposed rates will be effective September 1, 2009, and were determined in accordance with the rate setting methodologies listed below under "Methodology and Justification."

Methodology and Justification. The proposed rates were determined in accordance with the rate setting methodologies codified at TAC Title 1 Chapter 355, Subchapter A, §355.101, Introduction, and proposed new §355.9060, Reimbursement Methodology for the Youth Empowerment Services Waiver Program. The YES waiver program is a new program effective September 1, 2009, and requires rates before DSHS can implement the program.

TRD-200902216

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: June 3, 2009

Department of State Health Services

Designation of Salud y Vida as a Site Serving Medically Underserved Populations

The Department of State Health Services (department) is required under the Occupations Code, §157.052, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of such designations in the Texas Register and to provide an opportunity for public comment on the designations.

Accordingly, the department has proposed designating the following as a site serving medically underserved populations: Salud y Vida, 3329 Montana Avenue, El Paso, Texas 79903. The designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state, or locally funded health care programs.

Oral and written comments on this designation may be directed to Brian King, Program Director, Health Professions Resource Center - MC 1898, Center for Health Statistics, Department of State Health Services, P.O. Box 149347, Austin, Texas 78714-9347; telephone (512) 458-7261. Comments will be accepted for 30 days from the publication date of this notice.

TRD-200902218

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: June 3, 2009

Texas Department of Housing and Community Affairs

Notice of Public Hearing - Low-Income Home Energy Assistance Program State Plan

For the Federal Fiscal Year (FFY) that begins October 1, 2009, the Texas Department of Housing and Community Affairs (TDHCA) anticipates receiving federal funds to continue the operation of programs that assist very low-income Texans with home energy. In the process of deciding how to use Low-Income Home Energy Assistance Program State Plan (LIHEAP) funds, TDHCA solicits public input on the details of the plan.

As part of the public information, consultation, and public hearing requirements for LIHEAP, the Community Affairs Division of TDHCA has posted the proposed plan on the TDHCA internet site and will conduct a public hearing. Primarily, the hearing solicits comments on the proposed use and distribution of federal fiscal year (FFY) 2010 funds provided under LIHEAP. LIHEAP provides funding for the Weatherization Assistance Program (WAP) and utility assistance--known as "Comprehensive Energy Assistance Program (CEAP)."

The public hearing has been scheduled as follows:

Friday, June 26, 2009, 2:30 p.m.

Room #116, Insurance Annex Building

221 East 11th Street

Austin, Texas 78701

A representative from TDHCA will explain the planning process and receive comments from stakeholders and the general public regarding the proposed plan for LIHEAP. A copy of the Draft LIHEAP may be obtained after June 1, 2009, through TDHCA's web site, http://www.tdhca.state.tx.us/ea.htm or by contacting the Texas Department of Housing and Community Affairs, Community Affairs Division, Energy Assistance Section, P.O. Box 13941, Austin, Texas 78711-3941, or by phone at (512) 475-1435.

Anyone may submit comments on the draft plan in written form or oral testimony at the public hearing. TDHCA must receive written comments no later than 5:00 p.m., Friday, June 26, 2009. Comments concerning the draft plan may be submitted via the Internet to john.touchet@tdhca.state.tx.us or by fax to (512) 475-3935 or by mail to the Texas Department of Housing and Community Affairs, Community Affairs Division, Energy Assistance Section, Attention: John Touchet, P.O. Box 13941, Austin, Texas 78711-3941. If you have questions regarding the public hearing process or any of the programs referenced above, please contact TDHCA, Community Affairs Division, Energy Assistance Section.

Individuals who require auxiliary aids or services for this meeting should contact Gina Esteves at (512) 475-3943 or Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made.

Non-English speaking individuals who require interpreters for this meeting should contact John Touchet, (512) 475-1435 at least three days before the meeting so that appropriate arrangements can be made.

Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados.

TRD-200902205

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 3, 2009

Department of Information Resources

Request for Proposals

The Texas Department of Information Resources (DIR) announces its Request for Proposals for Transactional Legal Services for fiscal year 2010 (RFP No. DIR-LEGAL-Transactional-Fiscal Year 2010) from qualified law firms and attorneys. The successful respondent, if any, will provide transactional legal services to DIR on an as needed basis as described in the RFP during fiscal year 2010. At DIR's option, the contract may be extended one additional year.

The transactional legal services that may be provided include: full range intellectual property representation; reviewing, drafting, and negotiating information resources contracts, licenses and amendments thereto; reviewing and drafting procurement documents relevant to the solicitation of information resources products and services; advising management and attorneys on legal strategies to best protect DIR in information resources transactions; providing legal advice and counsel to DIR management and attorneys with respect to bankruptcy proceedings related to DIR contracts; and providing legal advice and counsel to DIR management and attorneys with respect to bid protests and challenges.

Contact: Parties interested in submitting a proposal should contact Carrie Cooper, Purchaser, Texas Department of Information Resources, 300 West 15th Street, Suite 1300, Room 1335, Austin, Texas 78701, (512) 936-6896, carrie.cooper@dir.state.tx.us, to obtain a copy of the RFP. The RFP is available electronically on the Electronic State Business Daily after Monday, June 1, 2009.

Questions: All written questions regarding the RFP must be received by Ms. Cooper (contact information above) by 4:00 p.m. CDT, June 11, 2009. Questions received after this time and date will not be considered. DIR expects to post responses to questions by 4:00 p.m. CDT, June 19, 2009.

Closing Date: Proposals must be delivered to Carrie Cooper, Purchaser, Texas Department of Information Resources, 300 West 15th Street, Suite 1300, Room 1335, Austin, Texas 78701 no later than 4:00 p.m. CDT, July 1, 2009. Proposals received after this time and date will not be considered regardless of the reason for the late delivery and receipt.

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Executive Director shall make the final decision on any contract award or awards resulting from this RFP.

DIR reserves the right, in its sole discretion, to accept or reject any or all proposals submitted. DIR is not obligated to award or execute any contracts on the basis of this notice or the distribution of any RFP. DIR shall not pay for any costs incurred by any entity in responding to this notice or the RFP.

TRD-200902181

Renee Mauzy

General Counsel

Department of Information Resources

Filed: June 1, 2009

Texas Department of Insurance

Company Licensing

Application to change the name of HOMESHIELD INSURANCE CO. to LIFESHIELD NATIONAL INSURANCE CO., a foreign life company. The home office is in Oklahoma City, Oklahoma.

Application for admission to the State of Texas by ASPEN U.S. INSURANCE COMPANY, a foreign fire and casualty company. The home office is in New York, New York.

Application to change the name of GMAC INSURANCE COMPANY ONLINE, INC. to ALLY INSURANCE COMPANY ONLINE, INC., a foreign fire and casualty company. The home office is in Maryland Heights, Missouri.

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

TRD-200902210

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: June 3, 2009

Notice of Application by a Small Employer Health Benefit Plan Issuer to be a Risk-Assuming Health Benefit Plan Issuer

Notice is given to the public of the application of the listed small employer health benefit plan issuer to be a risk-assuming health benefit plan issuer under Insurance Code §1501.312. A small employer health benefit plan issuer is defined by Insurance Code §1501.002(16) as a health benefit plan issuer offering, delivering, issuing for delivery, or renewing health benefit plans subject to the Insurance Code, Chapter 1501, Subchapters C - H. A risk-assuming health benefit plan issuer is defined by Insurance Code §1501.301(4) as a small employer health benefit plan issuer that does not participate in the Texas Health Reinsurance System. The following small employer health benefit plan issuer has applied to be a risk-assuming health benefit plan issuer:

UniCare Health Plans of Texas, Inc.

The application is subject to public inspection at the offices of the Texas Department of Insurance, Legal Division - Nick Hoelscher, 333 Guadalupe, Tower I, Room 920, Austin, Texas.

If you wish to comment on the application of UniCare Health Plans of Texas, Inc. to be a risk-assuming health benefit plan issuer, you must submit your written comments within 60 days after publication of this notice in the Texas Register to Gene C. Jarmon, General Counsel and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-91204. Upon consideration of the application and comments, and a determination that all requirements of law have been met, the Commissioner or his designee may take final action on the applicant's election to be a risk-assuming health benefit plan issuer.

TRD-200902209

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: June 3, 2009

Texas Department of Licensing and Regulation

Public Notice - Revised Enforcement Plan

The Texas Commission of Licensing and Regulation ("Commission") provides this public notice that at their regularly scheduled meeting held May 19, 2009, the Commission adopted the Texas Department of Licensing and Regulation's ("Department") revised enforcement plan which was established in compliance with Texas Occupations Code, §51.302(c).

The enforcement plan gives all license holders notice of the specific ranges of penalties and license sanctions that apply to specific alleged violations of the statutes and rules enforced by the Department. The enforcement plan also presents the criteria that are considered by the Department's Enforcement staff in determining the amount of a proposed administrative penalty or the magnitude of a proposed sanction.

The enforcement plan is revised to update penalty matrices for Cosmetologists and Cosmetology Schools. The changes are necessary as a result of statutory changes which occurred during the 80th Legislative Session regarding provisions that allowed for dual shop and mobile shop licenses and allowed shops that perform manicure and pedicure services to use other forms of sterilizers aside from an autoclave.

A copy of the revised enforcement plan is posted on the Department's website and may be downloaded at www.license.state.tx.us. You may also contact the Enforcement Division at (512) 539-5600 or by e-mail at enforcement@license.state.tx.us to obtain a copy of the revised plan.

TRD-200902200

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: June 3, 2009

Texas Lottery Commission

Instant Game Number 1200 "Super Black Jack"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1200 is "SUPER BLACK JACK". The play style is "poker".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1200 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 1200.

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: 4 CARD SYMBOL, 5 CARD SYMBOL, 6 CARD SYMBOL, 7 CARD SYMBOL, 8 CARD SYMBOL, 9 CARD SYMBOL, 10 CARD SYMBOL, J CARD SYMBOL, Q CARD SYMBOL, K CARD SYMBOL, A CARD SYMBOL, 17 CARD SYMBOL, 18 CARD SYMBOL, 19 CARD SYMBOL, 20 CARD SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $100, and $1,000.

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. 1200 - 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 $1.00, $2.00, $4.00, $5.00, $10.00, or $20.00.

G. Mid-Tier Prize - A prize of $40.00 or $100.

H. High-Tier Prize - A prize of $1,000.

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 (1200), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 150 within each pack. The format will be: 1200-0000001-001.

K. Pack - A pack of "SUPER BLACK JACK" Instant Game tickets contains 150 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; tickets 006 to 010 on the next page; etc.; and tickets 146 to 150 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of ticket 001 and 010 will 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 "SUPER BLACK JACK" Instant Game No. 1200 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 "SUPER BLACK JACK" Instant Game is determined once the latex on the ticket is scratched off to expose 13 (thirteen) Play Symbols. If any of HANDS 1-4 beats the DEALER'S HAND, the player wins PRIZE shown for that hand. If any of HANDS 1-4 equals 21, the player wins ALL 4 PRIZES. 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 13 (thirteen) 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 13 (thirteen) 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 13 (thirteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 13 (thirteen) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate non-winning prize symbols.

C. Non-winning prize symbols will never be the same as the winning prize symbol(s).

D. No duplicate non-winning HANDS 1-4 in any order.

E. No ties between any HANDS 1-4 and the DEALER'S HAND.

F. No duplicate non-winning HANDS 1-4 play symbols within a HAND.

G. No HAND 1-4 will total less than 14.

H. When a HAND 1-4 totals "21" (win all), there will be no occurrence of any other HAND 1-4 on the ticket beating the DEALER'S HAND.

I. The top prize symbol will appear once on every ticket unless otherwise restricted.

2.3 Procedure for Claiming Prizes.

A. To claim a "SUPER BLACK JACK" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $40.00 or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "SUPER BLACK JACK" Instant Game prize of $1,000, 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 "SUPER BLACK JACK" 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 "SUPER BLACK JACK" 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 "SUPER BLACK JACK" 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 11,040,000 tickets in the Instant Game No. 1200. The approximate number and value of prizes in the game are as follows:

Figure 2: Game No. 1200 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1200 without advance notice, at which point no further tickets in that game may be sold. The determination of the closing date and reasons for closing the game will be made in accordance with the instant game closing procedures and the Instant Game Rules, 16 TAC §401.302(j).

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. 1200, 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-200902130

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 1, 2009

Instant Game Number 1201 "Big Payout"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1201 is "BIG PAYOUT". The play style is "key number match with multiplier".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1201 shall be $10.00 per ticket.

1.2 Definitions in Instant Game No. 1201.

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, 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, MONEY BAG SYMBOL, 10X SYMBOL, $10, $20, $50, $100, $200, $500, $1,000, $2,500, and $250,000.

Figure 1: Game No. 1201- 1.2D

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 or $250,000.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1201), 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: 1201-0000001-001.

K. Pack - pack of "BIG PAYOUT" 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.

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BIG PAYOUT" Instant Game No. 1201 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 "BIG PAYOUT" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) Play Symbols. If player matches any of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols, the player wins the PRIZE shown for that number. If the player reveals a "moneybag" symbol, the player wins the PRIZE shown for that symbol instantly. If a player reveals a "10X" play symbol, the player wins 10 TIMES the PRIZE shown for that symbol. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 45 (forty-five) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 45 (forty-five) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

16. Each of the 45 (forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 45 (forty-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

2.2 Programmed Game Parameters.

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

B. The "10X" (win x 10) play symbol will only appear as dictated by the prize structure.

C. No duplicate non-winning YOUR NUMBERS play symbols.

D. No duplicate WINNING NUMBERS play symbols.

E. No more than four (4) matching non-winning prize symbols will appear on a ticket.

F. Non-winning prize symbols will never be the same as the winning prize symbol(s).

G. The play symbols, with the exception of the "10X" (win x 10) and "MONEYBAG" (auto win) play symbols, will be used an approximately equal number of times.

H. No prize amount in a non-winning spot will correspond with the play symbol (i.e., 20 and $20).

I. The top prize symbol will appear on every ticket unless otherwise restricted.

2.3 Procedure for Claiming Prizes.

A. To claim a "BIG PAYOUT" 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 "BIG PAYOUT" Instant Game prize of $1,000, $2,500, $250,000, 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 "BIG PAYOUT" 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.