In Addition

In Addition

Capital Area Rural Transportation System

Invitation for Bids

The Capital Area Rural Transportation System (CARTS) is requesting bids for 22 and 25 foot cutaway buses on behalf of all Rural Transit Districts in Texas participating in this joint procurement.

It is anticipated that 120 - 150 buses will purchased under this procurement. Texas state law requires that bus purchases be made through a certified Texas dealer.

Bid documents will be available on March 10, 2009. If you are a licensed Texas dealer for this type of bus, or a manufacturer of this type of bus, and you wish to receive an electronic copy of the bid document send a request to TexasBusBuy@RideCARTS.com. All correspondence and actions related to this bid will be done by electronic mail ONLY.

The schedule for the pre-bid conference and other events for this procurement will be provided with the bid documents. A public bid opening for this procurement is scheduled to be conducted at CARTS, 2010 E 6th Street, Austin, Texas 78702 at 2:00 p.m. CST on April 15, 2009.

TRD-200900953

Dave Marsh

General Manager

Capital Area Rural Transportation System

Filed: March 5, 2009

Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 Texas Administrative Code (TAC) Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of February 27, 2009, through March 5, 2009. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for this activity extends 30 days from the date published on the Coastal Coordination Council's web site. The notice was published on the web site on March 11, 2009. The public comment period for this project will close at 5:00 p.m. on April 10, 2009.

FEDERAL AGENCY ACTIONS:

Applicant: Save Cedar Bayou, Inc.; Location: The project is located at Cedar Bayou, Vinson Slough, and the Gulf of Mexico, near the Aransas County/Calhoun County line in Aransas County and Calhoun County, Texas. Directions: the project cannot be accessed by automobile; directions are given from Goose Island State Park, approximately 10 miles northeast of Rockport, Texas. From Goose Island State Park, travel by boat southeast towards Spalding Cove. Past the Gulf Intracoastal Waterway, turn northeast towards Carlos Bay, then east into Mesquite Bay. In Mesquite Bay, follow San Jose Island southeast to the entrance of Cedar Bayou. The project site begins approximately 1.5 miles southwest of this entrance. The project can be located on the U.S.G.S. quadrangle map entitled "Saint Charles Bay SE, Tex." Approximate UTM Coordinates in NAD 27 (meters): Zone 14; beginning at Mesquite Bay at approximately Easting 713200, Northing 3111800; ending in the Gulf of Mexico at approximately Easting 711000, Northing 3105625. Project Description: The applicant proposes to restore the historic hydraulic connection between Cedar Bayou and the Gulf of Mexico to create a fish pass as a route for migrating marine species and subsequently improve the fisheries of Mesquite Bay and the surrounding bay system. The applicant proposes to dredge the Cedar Bayou channel to the Gulf and dredge Vinson Slough to connect it to Cedar Bayou before it reaches the Gulf. The proposed dimensions for both the Cedar Bayou and Vinson Slough channels are 100 feet wide (bottom width) by 6 feet deep Mean Sea Level with 4Horizontal:1Vertical side slopes. The project is not intended as a navigation channel. CCC Project No.: 09-0104-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-00813 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Bend Petroleum Corporation; Location: The project is located in wetlands within the Bessie Heights Wildlife Management Area adjacent to the Neches River, 3.6 miles northwest of Nederland, in Orange County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Terry, Texas. Approximate UTM Coordinates in NAD 83 (meters): Zone 15; Easting: 408922; Northing: 3324024. Project Description: The applicant proposes to install, operate and maintain structures and equipment necessary for oil and gas drilling, production and transportation activities. The applicant proposes to fill 1.12 acres of wetlands/open water to construct a 175- by 280-foot wellpad and ring levee. Once the well is constructed and producing, the wellpad will be reduced to the minimum size necessary for production. Approximately 907 cubic yards of either shell or gravel will be used as fill material. The applicant proposes to mitigate by planting 5,228 feet of terrace levees (2.4 acres) in shallow, non-vegetated open waters, discharging 9,681 cubic yards of earthen material from borrow ditches adjacent to the proposed terrace levees. CCC Project No.: 09-0106-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-00410 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Doug Norrell; Location: The project is located on the east side of Broadway just south of the Harbor Oaks Channel to Little Bay and will affect the land tract now occupied by Little Bay Marine, the adjacent shoreline, and the open water area of Little Bay, Rockport, Aransas County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Rockport, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 693347; Northing: 3103816. Project Description: The applicant proposes to place fill material into 1,267 square feet of tidal wetlands and 7,483 square feet of unvegetated tidal waters along approximately 500 linear feet of the Little Bay shoreline for a residential development. The applicant also proposes to dredge a 40,340-square-foot area from the proposed shoreline and thence waterward 75 feet to a depth of minus 5.2 feet mean low low water. No docks are proposed and boats will be moored alongside the proposed bulkhead. Excavation will occur either by barge mounted track-hoe or a track hoe working on mats. Dredged material will be temporarily placed in a contained barge, or double handled in the bay. CCC Project No.: 09-0107-F1. Type of Application: U.S.A.C.E. permit application #SWG-1997-02938 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).

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

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

TRD-200901004

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: March 10, 2009

Resolution of the Coastal Coordination Council Regarding Geotextile Tube Consistency Agreements with the City of Galveston and Galveston County

WHEREAS, the Coastal Coordination Council entered into agreements with Galveston County (the "County") on March 15, 2001 and the City of Galveston (the "City") on September 7, 2001 (collectively, the "Agreements"); and

WHEREAS, the Agreements authorized the City and the County to maintain certain previously constructed geo-textile shore protection projects (the "Geotubes") and provided for certain beach nourishment, access, monitoring, and reporting requirements in an effort to maximize the probability that the Geotubes would be maintained in a manner consistent with the Texas Coastal Management Program ("CMP"); and

WHEREAS, the Agreements noted that the Geotubes were installed as a temporary measure to slow the landward migration of the public beach and were not meant to be permanent fixtures; and

WHEREAS, the Agreements required the City and the County to remove their respective Geotubes if the monitoring demonstrated that the Geotubes were exacerbating erosion or otherwise negatively impacting the public beach or public use of the beach, or if the Coastal Coordination Council (the "Council") required removal as a result of improper nourishment or maintenance; and

WHEREAS, Hurricane Ike made landfall in the County on September 13, 2008, causing extensive damage to the City and the County, including all of the Geotubes; and

WHEREAS, due to the level of destruction to the Geotubes, the City and the County have removed them from the public beach in their entirety; and

WHEREAS, because the Geotubes no longer exist and the Council, the City, and the County have no further obligations or rights under the Agreements, the Agreements are now moot and no longer necessary.

NOW THEREFORE, BE IT RESOLVED BY THE COASTAL COORDINATION COUNCIL OF THE STATE OF TEXAS:

Section 1. Definitions. Capitalized terms used in this Resolution shall have the meaning ascribed to them in the recitals.

Section 2. Agreements. The Agreements are deemed moot and no longer necessary because the Council, the City, and the County have no further obligations or rights under the Agreements and the Geotubes have been fully removed from the public beach.

Section 3. Future Projects. Any new shore protection projects authorized or constructed by the City or County in critical dune areas or areas adjacent to or on Gulf Beaches, including the construction of new geo-textile tubes, must be in compliance with the CMP and the shoreline protection rules (31 Texas Administrative Code §501.26(b)).

Section 4. Notice. This Resolution or a memorandum of this Resolution shall be mailed to the City and the County by the Council Secretary and shall be published in the In Addition section of the Texas Register.

PASSED AND APPROVED by the Coastal Coordination Council of the State of Texas this 5th day of March, 2009.

TRD-200901003

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: March 10, 2009

Comptroller of Public Accounts

Local Sales Tax Rate Changes Effective April 1, 2009

TRD-200900970

Martin Cherry

General Counsel

Comptroller of Public Accounts

Filed: March 9, 2009

Office of Consumer Credit Commissioner

Notice of Rate Bracket Adjustment

The Consumer Credit Commissioner of Texas has ascertained the following brackets and ceilings by use of the formula and method described in Texas Finance Code §341.203.¹

The amounts of brackets in Texas Finance Code §342.201(a) are changed to $1,800.00 and $15,000.00, respectively.

The amounts of brackets in Texas Finance Code §342.201(e) are changed at $3,000.00, $6,300.00, and $15,000.00, respectively.

The ceiling amount in Texas Finance Code §342.251 and §342.259 are changed to $600.00 and $1,200.00, respectively.

The amounts of the brackets in Texas Finance Code §345.055 are changed to $3,000.00 and $6,000.00, respectively.

The amounts of the bracket in Texas Finance Code §345.103 is changed to $3,000.00.

The ceiling amount of Texas Finance Code §371.158 is changed to $15,000.00.

The amounts of the brackets in Texas Finance Code §371.159 are changed to $180.00, $1,200.00, and $1,800.00, respectively.

The above dollar amounts of the brackets and ceilings shall govern all applicable credit transactions and loans made on or after July 1, 2009, and extending through June 30, 2010.

¹Computation method: The Reference Base Index (the Index for December 1967) = 101.6. The December 2007 Index = 610.075. The percentage of change is 600.47%. This equates to an increase of 600% after disregarding the percentage of change in excess of multiples of 10%.

TRD-200900997

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: March 9, 2009

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/16/09 - 03/22/09 is 18% for Consumer¹ /Agricultural/Commercial²/credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/16/09 - 03/22/09 is 18% for Commercial over $250,000.

¹Credit for personal, family or household use.

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

TRD-200900998

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: March 9, 2009

Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 20, 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 April 20, 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: Al Leonard dba Al Leonard Ranch; DOCKET NUMBER: 2009-0020-PWS-E; IDENTIFIER: RN102671278; LOCATION: Brazos County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 Texas Administrative Code (TAC) §290.46(t), by failing to post a legible sign at the facility that contains the name of the water supply and emergency telephone numbers; 30 TAC §290.41(c)(1)(D), by failing to ensure that livestock in pastures are not allowed within 50 feet of a water supply well; 30 TAC §290.43(e), by failing to provide an intruder-resistant fence around all potable tanks and pressure maintenance facilities; and 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the facility and its equipment; PENALTY: $291; ENFORCEMENT COORDINATOR: Christopher Keffer, (512) 239-5610; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(2) COMPANY: Bexar Metropolitan Water District Public Facility Corporation; DOCKET NUMBER: 2008-1849-PWS-E; IDENTIFIER: RN101236321; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(iv) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide an elevated storage capacity of 100 gallons per connection; 30 TAC §290.42(f)(1)(E)(ii), by failing to provide containment facilities for the liquid chemical storage tank; and 30 TAC §290.46(f)(3)(A)(i)(II), by failing to maintain records regarding the amount of sodium hypochlorite used each day; PENALTY: $508; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(3) COMPANY: Scott A. Bundy; DOCKET NUMBER: 2009-0243-WOC-E; IDENTIFIER: RN105467468; LOCATION: Palestine, Anderson County; TYPE OF FACILITY: water operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(4) COMPANY: CMCR CORPORATION dba ASPS Beer & Wine; DOCKET NUMBER: 2008-1737-PST-E; IDENTIFIER: RN101569754; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(a)(1)(A) and the Code, §26.3475(c)(1), by failing to provide a method of release detection capable of detecting a release; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; 30 TAC §334.10(b), by failing to maintain the required underground storage tank (UST) records and make them immediately available for inspection; and 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II vapor space manifolding and dynamic back pressure; PENALTY: $6,596; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: City of Crandall; DOCKET NUMBER: 2008-0589-MWD-E; IDENTIFIER: RN101917136; LOCATION: Crandall, Kaufman County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §30.350(d) and §305.125(1) and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010834001, Other Requirements Number 1, by failing to employ or contract with one or more licensed wastewater treatment facility operators or wastewater system operations companies holding a valid license or registration; 30 TAC §305.125(17) and TPDES Permit Number WQ0010834001, Sludge Provisions, by failing to submit the annual sludge reports; 30 TAC §305.125(5) and §317.4(d) and TPDES Permit Number WQ0010834001, Operational Requirements Number 1, by failing to properly operate and maintain all facilities and systems of treatment and control; 30 TAC §305.125(1), TPDES Permit Number WQ0010834001, Effluent Limitations and Monitoring Requirements Numbers 1 and 6, Agreed Order Docket Number 2005-0837-MWD-E, Ordering Provision Number 3.b, and the Code, §26.121(a), by failing to comply with the permitted interim effluent limitations; 30 TAC §305.125(1) and TPDES Permit Number WQ0010834001, Monitoring and Reporting Requirement Number 7.c, by failing to submit noncompliance notification reports for effluent violations which deviate from the permitted effluent limitation by more than 40%; 30 TAC §305.125(1) and (11)(B) and §319.7(c) and TPDES Permit Number WQ0010834001, Monitoring and Reporting Requirements Number 3.b, by failing to have all the required monitoring and reporting records available for review; 30 TAC §§305.125(1), 319.1, and 319.7(a)(5) and TPDES Permit Number WQ0010834001, Monitoring and Reporting Requirements Number 2, by failing to accurately complete monthly effluent reports; 30 TAC §305.125(17) and TPDES Permit Number WQ0010834001, Monitoring and Reporting Requirements Number 1, by failing to submit monitoring results at the intervals specified in the permit; 30 TAC §305.125(1) and (4), TPDES Permit Number WQ0010834001, Effluent Limitations and Monitoring Requirements Number 4 and Permit Conditions Number 2.g, and the Code, §26.121(a), by failing to prevent the unauthorized discharge of wastewater from the sanitary sewer collection system and floating solids; 30 TAC §305.125(9) and TPDES Permit Number WQ0010834001, Monitoring and Reporting Requirements Number 7.a, by failing to notify the TCEQ of noncompliances which may endanger human health or safety, or the environment; and 30 TAC §§305.125(1), 319.1. and 319.7(d) and TPDES Permit Number WQ0010834001, Monitoring and Reporting Requirements Number 1, by failing to timely submit effluent reports; PENALTY: $63,616; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Juan G. Rodriguez dba El Ranchito Convenience Store; DOCKET NUMBER: 2008-0814-PST-E; IDENTIFIER: RN102347788; LOCATION: San Benito, Cameron County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form; 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid current delivery certificate; and 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $6,548; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(7) COMPANY: City of Fort Worth; DOCKET NUMBER: 2008-1924-WQ-E; IDENTIFIER: RN101424687; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: public water supply; RULE VIOLATED: the Code, §26.121(a)(1), by failing to prevent the unauthorized discharge of municipal waste; PENALTY: $3,750; Supplemental Environmental Project (SEP) offset amount of $3,750 applied to Keep Texas Beautiful; ENFORCEMENT COORDINATOR: Evette Alvarado, (512) 239-2573; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: Foster Consolidated Investments, L.L.C. dba Walburg Water System; DOCKET NUMBER: 2008-1688-PWS-E; IDENTIFIER: RN101453124; LOCATION: Williamson County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(B)(ii) and THSC, §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection; and 30 TAC §290.46(m)(4), by failing to maintain all water treatment units, storage and pressure maintenance facilities, distribution system lines, and related appurtenances in a watertight condition; PENALTY: $168; ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-2558; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.

(9) COMPANY: FRIENDSHIP ENTERPRISES, INC. dba In & Out Mini Mart; DOCKET NUMBER: 2008-1828-PST-E; IDENTIFIER: RN101743698; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $2,684; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(10) COMPANY: Abdulbhai Momin dba Handi Plus 37; DOCKET NUMBER: 2008-1480-PST-E; IDENTIFIER: RN102838729; LOCATION: Alvin, Brazoria County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; 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; 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition and free of defects; and 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding the USTs; PENALTY: $16,196; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(11) COMPANY: INEOS USA LLC; DOCKET NUMBER: 2007-1279-AIR-E; IDENTIFIER: RN100238708; LOCATION: Alvin, Brazoria County; TYPE OF FACILITY: petrochemical manufacturing plant; RULE VIOLATED: 30 TAC §101.20(3) and §116.715(a), Flexible Permit Number 95/PSD-TX-854, Special Condition (SC) Number 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits; 30 TAC §§101.20(3), 116.115(c), and 116.715(a), Flexible Permit Number 95/PSD-TX-854, SC Number 1, New Source Review (NSR) Permit Number 2866C, SC Number 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits; 30 TAC §§101.20(1) - (3), 116.715(a), and 122.143(4), 40 CFR §60.18(c)(3)(ii) and §63.11(b)(6)(ii), Federal Operating Permit (FOP) Number O-02327, Special Terms and Conditions (STC) 1A and 19, Flexible Permit Number 95/PSD-TX-854, SC Number 11A, and THSC, §382.085(b), by failing to maintain a minimum header net heating value of 300 British thermal units per standard cubic foot; 30 TAC §§101.20(3), 116.715(a), and 122.143(4), FOP Number O-02327, STC 19, Flexible Permit Number 95/PSD-TX-854, SC Number 13, and THSC, §382.085(b), by failing to comply with permitted emissions limits; 30 TAC §117.310(c)(2) (formerly 30 TAC §117.206(e)(2)), and §122.143(4), FOP Number O-02327, STC 1A, and THSC, §382.085(b), by failing to comply with permitted emissions limits; 30 TAC §117.310(c)(1)(A) (formerly 30 TAC §117.206(e)(1)(A)), and §122.143(4), FOP Number O-02327, STC 1A, and THSC, §382.085(b), by failing to comply with permitted emissions limits; 30 TAC §§101.20(2) and (3), 115.112(a)(1), 116.715(a), and 122.143(4), 40 CFR §63.119(b)(1), FOP Number O-02327, STC 1A, 4, and 19, Flexible Permit Number 95/PSD-TX-854, SC Number 5, and THSC, §382.085(b), by failing to prevent the landing of the internal floating tank roof; 30 TAC §115.112(a)(1) and §122.143(4), FOP Number O-02327, STC 1A and 4, and THSC, §382.085(b), by failing to prevent the landing of the internal floating tank roof; 30 TAC §117.8100(b)(1)(B)(2) (formerly 30 TAC §117.213(f)(3)) and §122.143(4), FOP Number O-02327, STC 1A, and THSC, §382.085(b), by failing to prevent a greater than 5% down-time for the predictive emissions monitoring system (PEMS); 30 TAC §§101.20(3), 116.715(a), and 122.143(4), FOP Number O-02327, STC 19, Flexible Permit Number 95/PSD-TX-854, SC Number 1 and General Condition Number 8, and THSC, §382.085(b), by failing to maintain 12-month rolling average for nitrogen oxides emissions; 30 TAC §101.20(3) and §116.715(a), Flexible Permit Number 95/PSD-TX-854, SC Number 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits; 30 TAC §§101.20(3), 111.111(a)(1)(B), and 116.715(a), Flexible Permit Number 95/PSD-TX-854, SC Number 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits; 30 TAC §101.20(3) and §116.715(a), Flexible Permit Number 95/PSD-TX-854, SC Number 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits; 30 TAC §101.20(3) and §116.715(a), Flexible Permit Number 95/PSD-TX-854, SC Number 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits; 30 TAC §§101.20(2) and (3), 115.352(4), 116.115(c), 116.715(a), and 122.143(4), 40 CFR §61.242-6(a) and §63.167(a)(1), FOP Number O-02327, STC 1A and 19, Flexible Permit Number 95/PSD-TX-854, SC Numbers 34E and 4, NSR Permit Number 2866C, SC Number 4E, NSR Permit Number 489, SC Number 5E, and THSC, §382.085(b), by failing to plug or cap open-ended lines; 30 TAC §117.310(f) (formerly 30 TAC §117.206(i)) and §122.143(4), FOP Number O-02327, STC 7A, and THSC, §382.085(b), by failing to prevent operation of a diesel engine; 30 TAC §116.115(c) and §122.143(4), FOP Number O-02327, STC 19, NSR Permit Number 2798, SC Number 4B, and THSC, §382.085(b), by failing to prevent a boiler from exceeding the permitted firing rate; 30 TAC §116.115(c) and §122.143(4), FOP Number O-02327, STC 19, NSR Permit Number 9517, SC Number 1, and THSC, §382.085(b), by failing to prevent a boiler from exceeding the permitted firing rate; 30 TAC §117.345(b)(2) (formerly 30 TAC §117.219(b)(2)) and §122.143(4), FOP Number O-02327, STC 1A, and THSC, §382.085(b), by failing to submit the Post-PEMS report within 15 days following the completion of the test; 30 TAC §122.222(k)(2) and THSC, §382.085(b), by failing to include emission points and their associated emissions in an FOP; 30 TAC §117.345(f)(10) (formerly 30 TAC §117.219(f)(10)) and §122.143(4), FOP Number O-02327, STC 1A and 7E, and THSC, §382.085(b), by failing to consistently record the start/stop or run times for diesel engines; 30 TAC §117.8130 (formerly 30 TAC §117.214(a)(1)) and §122.143(4), FOP Number O-02327, STC 1A, and THSC, §382.085(b), by failing to adequately monitor the ammonia slip of a boiler; 30 TAC §122.143(4), FOP Number O-02327, STC 18, and THSC, §382.085(b), by failing to document the parts washer monthly inspections; 30 TAC §115.782(c)(1)(B)(iii) and THSC, §382.085(b), by failing to perform extraordinary repair attempts to leaking valves; and 30 TAC §111.111(a)(4)(A)(ii) and §122.143(4), FOP Number O-02327, STC 1A, and THSC, §382.085(b), by failing to make an entry on the flare visible emissions log; PENALTY: $320,995; SEP offset amount of $160,497 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(12) COMPANY: William K. Ingram; DOCKET NUMBER: 2009-0241-WOC-E; IDENTIFIER: RN103400933; LOCATION: Johnson County; TYPE OF FACILITY: water operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: John Ho Im dba Johns Market; DOCKET NUMBER: 2008-1932-PST-E; IDENTIFIER: RN101879583; LOCATION: Corpus Christi, Nueces County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Brianna Carlson, (956) 425-6010; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(14) COMPANY: City of La Ward; DOCKET NUMBER: 2008-1848-PWS-E; IDENTIFIER: RN101388825; LOCATION: La Ward, Jackson County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(ii) and THSC, §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection; 30 TAC §290.45(b)(1)(C)(iii) and THSC, §341.0315(c), by failing to provide two or more service pumps having a total capacity of two gallons per minute per connection; 30 TAC §290.46(m)(1)(B), by failing to conduct an annual inspection of the facility's pressure tank as well as an inspection of the interior of the pressure tank; and 30 TAC §290.41(c)(1)(F), by failing to provide sanitary control measurements; PENALTY: $1,664; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(15) COMPANY: Deanna Lee; DOCKET NUMBER: 2009-0244-WOC-E; IDENTIFIER: RN105648638; LOCATION: Whitney, Hill County; TYPE OF FACILITY: water operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(16) COMPANY: Marlow Water Supply Corporation; DOCKET NUMBER: 2008-1784-PWS-E; IDENTIFIER: RN101198000; LOCATION: Cameron, Milam County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.43(c)(4), by failing to provide a liquid level indicator; and 30 TAC §290.41(c)(3)(K), by failing to provide the well casing vent with a 16-mesh or finer corrosion-resistant screen; PENALTY: $255; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(17) COMPANY: Jimmie Wayne Massey; DOCKET NUMBER: 2008-1683-MWD-E; IDENTIFIER: RN102178092; LOCATION: Matagorda County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0011768001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permitted limits for total suspended solids and oil and grease; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(18) COMPANY: MERCANTILE ENTERPRISES, INC. dba In & Out Mini Mart #2; DOCKET NUMBER: 2008-1931-PST-E; IDENTIFIER: RN101892800; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $2,309; ENFORCEMENT COORDINATOR: Michael Pace, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(19) COMPANY: David Nelson; DOCKET NUMBER: 2009-0246-WOC-E; IDENTIFIER: RN105646186; LOCATION: Whitney, Hill County; TYPE OF FACILITY: water operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(20) COMPANY: Hector Guzman dba Shiloh Oak Mobile Home Park; DOCKET NUMBER: 2008-1800-PWS-E; IDENTIFIER: RN101217222; LOCATION: Liberty County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(ii) and THSC, §341.033(d), by failing to collect routine distribution coliform samples; and 30 TAC §290.122(c)(2)(A), by failing to provide public notice of the failure to collect coliform samples; PENALTY: $8,272; ENFORCEMENT COORDINATOR: Amanda Henry, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(21) COMPANY: TC AND E REALTY, INC. dba Fastime Convenience; DOCKET NUMBER: 2008-1933-PST-E; IDENTIFIER: RN103732269; LOCATION: Killeen, Bell 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 inspection; 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding the USTs; 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; 30 TAC §334.45(c)(3)(A), by failing to ensure that the emergency shutoff valves were securely anchored at the base of the dispensers; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for the UST system; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor the UST for releases; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; and 30 TAC §334.50(d)(1)(B)(iii)(I) and the Code, §26.3475(c)(1), by failing to record inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; PENALTY: $9,200; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(22) COMPANY: The Goodyear Tire & Rubber Company; DOCKET NUMBER: 2008-1859-AIR-E; IDENTIFIER: RN102608932; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §116.115(c), NSR Permit Number 9582, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $5,150; SEP offset amount of $2,060 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(23) COMPANY: United Fuel & Energy Corporation; DOCKET NUMBER: 2009-0242-PST-E; IDENTIFIER: RN102247038; LOCATION: Lubbock, Lubbock County; TYPE OF FACILITY: petroleum bulk stations and terminals; RULE VIOLATED: 30 TAC §334.50(a)(1)(A), by failing to provide release detection; and 30 TAC §334.49(a)(1), by failing to provide corrosion protection; PENALTY: $3,500; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(24) COMPANY: City of Waco; DOCKET NUMBER: 2009-0240-WQ-E; IDENTIFIER: RN105207575; LOCATION: McLennan County; TYPE OF FACILITY: storm water; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(25) COMPANY: Sid Wright; DOCKET NUMBER: 2009-0245-WOC-E; IDENTIFIER: RN105648646; LOCATION: Whitney, Hill County; TYPE OF FACILITY: water operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

TRD-200901005

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 10, 2009

Enforcement Orders

A default order was entered regarding Bountheung Noymany dba Boat Club Grocery, Docket No. 2006-0490-PST-E on March 3, 2009 assessing $21,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rebecca 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 Buddy Ford, Docket No. 2006-0504-PST-E on February 27, 2009 assessing $5,704 in administrative penalties.

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

A default order was entered regarding Fairmont Cleaners, Inc. dba Fairmont Cleaners, Docket No. 2006-1316-DCL-E on March 3, 2009 assessing $1,185 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tammy Mitchell, Staff Attorney at (512) 239-0736, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Prince Texas Group, Inc., Docket No. 2007-0084-PST-E on March 3, 2009 assessing $11,050 in administrative penalties.

A default order was entered regarding Jake Davis, Docket No. 2007-0606-PST-E on March 3, 2009 assessing $7,875 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.

A default order was entered regarding FKD Enterprises Inc. dba Lucky Seven Food Mart, Docket No. 2007-0728-PST-E on March 3, 2009 assessing $14,300 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 City of Port Arthur, Docket No. 2007-0787-MWD-E on March 3, 2009 assessing $13,860 in administrative penalties with $2,772 deferred.

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

A default order was entered regarding Rodolfo Ruiz, Docket No. 2007-0866-MSW-E on March 3, 2009 assessing $5,250 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.

A default order was entered regarding Jason S. Goff, Docket No. 2007-0875-LII-E on March 3, 2009 assessing $262 in administrative penalties.

An agreed order was entered regarding Corinne Maib dba Coleto Water, Docket No. 2007-0935-PWS-E on March 3, 2009 assessing $2,365 in administrative penalties with $473 deferred.

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

An agreed order was entered regarding ICI Construction, Inc., Docket No. 2007-1146-WQ-E on March 3, 2009 assessing $17,000 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 T S Ranch & Retreat, Inc., Docket No. 2007-1360-PWS-E on March 3, 2009 assessing $3,350 in administrative penalties.

An agreed order was entered regarding BASF Corporation, Docket No. 2007-1508-AIR-E on March 3, 2009 assessing $5,642 in administrative penalties.

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

An agreed order was entered regarding E. I. du Pont de Nemours and Company, Docket No. 2007-1531-AIR-E on March 3, 2009 assessing $28,825 in administrative penalties.

A default order was entered regarding Stoneridge Custom Homes, Inc., Docket No. 2007-1682-WQ-E on March 3, 2009 assessing $4,000 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 Hank Cantu dba Hills of Texas Bulk Water, Docket No. 2007-1826-PWS-E on March 3, 2009 assessing $3,640 in administrative penalties.

An agreed order was entered regarding Carotex, Inc., Docket No. 2007-2019-IWD-E on March 3, 2009 assessing $9,800 in administrative penalties with $1,960 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 A. K. Interests-Hunterwood, L.P., Docket No. 2008-0562-MWD-E on March 3, 2009 assessing $2,834 in administrative penalties with $566 deferred.

An agreed order was entered regarding Four States Recycling, Inc., Docket No. 2008-0596-MLM-E on March 3, 2009 assessing $6,115 in administrative penalties with $1,223 deferred.

Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239-2602, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Estate of Patetreen Petty dba Big Wood Springs Water System, Docket No. 2008-0608-MLM-E on February 26, 2009 assessing $8,672 in administrative penalties with $7,400 deferred.

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

An agreed order was entered regarding ConocoPhillips Company, Docket No. 2008-0687-AIR-E on March 3, 2009 assessing $40,000 in administrative penalties with $8,000 deferred.

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

An agreed order was entered regarding Lucite International, Inc., Docket No. 2008-0822-AIR-E on March 3, 2009 assessing $31,600 in administrative penalties with $6,320 deferred.

An agreed order was entered regarding Chevron Phillips Chemical Company LP, Docket No. 2008-0921-AIR-E on March 3, 2009 assessing $15,850 in administrative penalties with $3,170 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 The Imaging Bureau, Inc., Docket No. 2008-1024-AIR-E on March 3, 2009 assessing $6,290 in administrative penalties with $1,258 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 Fort Gates Water Supply Corporation, Docket No. 2008-1037-PWS-E on March 3, 2009 assessing $480 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 Silo Road Partners, Ltd., Docket No. 2008-1105-WQ-E on March 3, 2009 assessing $1,500 in administrative penalties with $300 deferred.

Information concerning any aspect of this order may be obtained by contacting Lauren Smitherman, Enforcement Coordinator at (512) 239-5223, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding AUSTWELL AQUA FARM, INC., Docket No. 2008-1113-IWD-E on March 3, 2009 assessing $1,270 in administrative penalties with $254 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 Overwraps Packaging, L.P., Docket No. 2008-1116-AIR-E on March 3, 2009 assessing $2,375 in administrative penalties with $475 deferred.

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

An agreed order was entered regarding Eastman Chemical Company, Docket No. 2008-1120-AIR-E on March 3, 2009 assessing $39,290 in administrative penalties with $7,858 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 INEOS USA LLC dba INEOS Polyethylene North America, Docket No. 2008-1121-AIR-E on March 3, 2009 assessing $4,450 in administrative penalties with $890 deferred.

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

An agreed order was entered regarding Klass Talsma dba Talsma Dairy, Docket No. 2008-1146-AGR-E on March 3, 2009 assessing $10,815 in administrative penalties with $2,163 deferred.

An agreed order was entered regarding Gerene Ferguson, Docket No. 2008-1159-PST-E on March 3, 2009 assessing $5,748 in administrative penalties with $1,149 deferred.

An agreed order was entered regarding PD Glycol LP, Docket No. 2008-1180-AIR-E on March 3, 2009 assessing $5,875 in administrative penalties with $1,175 deferred.

An agreed order was entered regarding Rogelio Ramon, Docket No. 2008-1197-MLM-E on March 3, 2009 assessing $3,740 in administrative penalties with $748 deferred.

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

An agreed order was entered regarding Vopak Terminal Deer Park, Inc., Docket No. 2008-1205-AIR-E on March 3, 2009 assessing $11,200 in administrative penalties with $2,240 deferred.

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

An agreed order was entered regarding ExxonMobil Oil Corporation, Docket No. 2008-1230-AIR-E on March 3, 2009 assessing $10,000 in administrative penalties with $2,000 deferred.

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

An agreed order was entered regarding ExxonMobil Oil Corporation, Docket No. 2008-1231-AIR-E on March 3, 2009 assessing $8,100 in administrative penalties with $1,620 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 Julie Ann Thames dba Primrose Mobile Home Park, Docket No. 2008-1238-PWS-E on March 3, 2009 assessing $588 in administrative penalties with $117 deferred.

An agreed order was entered regarding City of Riesel, Docket No. 2008-1243-MWD-E on March 3, 2009 assessing $1,950 in administrative penalties with $390 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 Ofelia Bosquez dba Wenchos Gas & Food Mart, Docket No. 2008-1251-AIR-E on March 3, 2009 assessing $1,420 in administrative penalties with $284 deferred.

An agreed order was entered regarding Flint Hills Resources, LP, Docket No. 2008-1269-AIR-E on March 3, 2009 assessing $7,025 in administrative penalties with $1,405 deferred.

An agreed order was entered regarding Hood Flexible Packaging Corporation, Docket No. 2008-1273-AIR-E on March 3, 2009 assessing $2,550 in administrative penalties with $510 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 Honeywell International Inc., Docket No. 2008-1283-AIR-E on March 3, 2009 assessing $2,700 in administrative penalties with $540 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 The Grove Water Supply Corporation, Docket No. 2008-1297-PWS-E on March 3, 2009 assessing $2,265 in administrative penalties with $453 deferred.

Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (210) 490-3096, 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. 2008-1298-AIR-E on March 3, 2009 assessing $6,656 in administrative penalties with $1,331 deferred.

An agreed order was entered regarding Favelle Favco Cranes USA, Inc., Docket No. 2008-1300-MLM-E on March 3, 2009 assessing $4,128 in administrative penalties with $825 deferred.

Information concerning any aspect of this order may be obtained by contacting Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding G & J INTERNATIONAL, INC. dba Sunny's Food Mart 3, Docket No. 2008-1344-PST-E on March 3, 2009 assessing $4,700 in administrative penalties with $940 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 ConocoPhillips Pipe Line Company, Docket No. 2008-1349-AIR-E on March 3, 2009 assessing $3,325 in administrative penalties with $665 deferred.

An agreed order was entered regarding CHEVRON U.S.A. INC., Docket No. 2008-1358-PST-E on March 3, 2009 assessing $6,300 in administrative penalties with $1,260 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 Eagle Disposal Company, Inc., Docket No. 2008-1372-MSW-E on March 3, 2009 assessing $3,888 in administrative penalties with $777 deferred.

An agreed order was entered regarding Clarkson Energy Homes, Inc. dba Sun Valley Mobile Home Park, Docket No. 2008-1376-PWS-E on March 3, 2009 assessing $5,146 in administrative penalties with $1,029 deferred.

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

An agreed order was entered regarding Ata Ur Rahman Khawaja dba M & R Food Market, Docket No. 2008-1387-PST-E on March 3, 2009 assessing $3,097 in administrative penalties with $619 deferred.

An agreed order was entered regarding Greif Packaging LLC, Docket No. 2008-1416-AIR-E on March 3, 2009 assessing $3,250 in administrative penalties with $650 deferred.

An agreed order was entered regarding Jeske Construction Co., Docket No. 2008-1419-WQ-E on March 3, 2009 assessing $7,500 in administrative penalties.

An agreed order was entered regarding City of Hallsville, Docket No. 2008-1420-MWD-E on March 3, 2009 assessing $4,780 in administrative penalties.

An agreed order was entered regarding NEPTUNE INTERNATIONAL INC. and PARKVIEW PROPERTIES, INC. dba Sugar Land Food Mart, Docket No. 2008-1438-PST-E on March 3, 2009 assessing $13,846 in administrative penalties with $2,769 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 Lufkin Industries, Inc., Docket No. 2008-1439-AIR-E on March 3, 2009 assessing $3,366 in administrative penalties with $673 deferred.

An agreed order was entered regarding Altivia Corporation, Docket No. 2008-1442-IWD-E on March 3, 2009 assessing $5,250 in administrative penalties with $1,050 deferred.

An agreed order was entered regarding Toll Bros., Inc., Docket No. 2008-1452-WQ-E on March 3, 2009 assessing $4,000 in administrative penalties with $800 deferred.

An agreed order was entered regarding Merisol USA LLC, Docket No. 2008-1458-AIR-E on March 3, 2009 assessing $3,425 in administrative penalties with $685 deferred.

An agreed order was entered regarding Mitsubishi Caterpillar Forklift America Inc., Docket No. 2008-1469-AIR-E on March 3, 2009 assessing $1,625 in administrative penalties with $325 deferred.

An agreed order was entered regarding AAEMS LLC dba Kwik Mart 2, Docket No. 2008-1487-PST-E on March 3, 2009 assessing $9,521 in administrative penalties with $1,904 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 Johnson Plate and Tower Fabrication, Inc., Docket No. 2008-1519-AIR-E on March 3, 2009 assessing $12,250 in administrative penalties with $2,450 deferred.

An agreed order was entered regarding Whirlwind Steel Buildings, Inc., Docket No. 2008-1528-AIR-E on March 3, 2009 assessing $10,700 in administrative penalties with $2,140 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 INEOS USA LLC, Docket No. 2008-1561-AIR-E on March 3, 2009 assessing $9,250 in administrative penalties with $1,850 deferred.

An agreed order was entered regarding Frontera Generation Limited Partnership, Docket No. 2008-1625-AIR-E on March 3, 2009 assessing $5,450 in administrative penalties with $1,090 deferred.

An agreed order was entered regarding City of Hale Center, Docket No. 2008-1644-PWS-E on March 3, 2009 assessing $336 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Andrea Linson-Mgbeoduru, Enforcement Coordinator at (512) 239-1482, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HCN MANAGEMENT, LLC, Docket No. 2008-1666-WQ-E on March 3, 2009 assessing $1,050 in administrative penalties with $210 deferred.

An agreed order was entered regarding Permian Enterprises, Ltd., Docket No. 2008-1701-AIR-E on March 3, 2009 assessing $1,000 in administrative penalties with $200 deferred.

A field citation was entered regarding HNQ, Inc. dba Kool Corner, Docket No. 2008-1500-PST-E on March 3, 2009 assessing $1,750 in administrative penalties.

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

A field citation was entered regarding Larry Oates Construction Company, Docket No. 2008-1507-WQ-E on March 3, 2009 assessing $700 in administrative penalties.

A field citation was entered regarding 50's Classic Car Wash of Lubbock, Inc., Docket No. 2008-1573-PST-E on March 3, 2009 assessing $1,750 in administrative penalties.

An order was entered regarding Clear Lake City Water Authority dba Robert T. Savely Water Reclamation Facility, Docket No. 2005-2018-MWD-E on February 27, 2009 assessing $3,400 in administrative penalties.

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

TRD-200901052

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 11, 2009

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 20, 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 April 20, 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: AP Livingston Limited Partnership dba Texaco Food Mart; DOCKET NUMBER: 2006-1894-PST-E; TCEQ ID NUMBER: RN101784478; LOCATION: 688 Highway 190 West, Onalaska, Polk County; TYPE OF FACILITY: owned real estate that had three out of service underground storage tanks (USTs); RULES VIOLATED: 30 TAC §334.47(a)(2) and §334.54(b)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, an existing UST system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; and 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding the USTs within 30 days of the occurrence of the change or addition; PENALTY: $3,675; STAFF ATTORNEY: Jennifer Cook, Litigation Division, MC 175, (512) 239-1873; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(2) COMPANY: Evans Weaver; DOCKET NUMBER: 2007-0393-LII-E; TCEQ ID NUMBER: RN104787213; LOCATION: 10324 Farm-to Market Road (FM) 2244, Austin, Travis County; TYPE OF FACILITY: landscape business; RULES VIOLATED: 30 TAC §30.5 and §344.4(a), TWC, §37.003, and Texas Occupations Code, §1903.251, by failing to hold an irrigator license prior to selling, designing, consulting, installing, maintaining, altering, repairing, or servicing an irrigation system, including the connection of such system to any water supply; PENALTY: $625; STAFF ATTORNEY: Rebecca Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(3) COMPANY: Hien Huynh dba Quick Food Store 9; DOCKET NUMBER: 2007-1793-PST-E; TCEQ ID NUMBER: RN101791770; LOCATION: 204 East Little York Road, Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: Texas Health and Safety Code (THSC), §382.085(b) and 30 TAC §115.242(1)(C) and §115.242(3) and (A), by failing to upgrade the Stage II equipment to onboard refueling vapor recovery compatible systems and by failing to maintain the Stage II vapor recovery system in proper operation condition, as specified by the manufacturer and/or any applicable California Air Resource Board Executive Order, and free of defects that would impair the effectiveness of the system; and THSC, §382.085(b) and 30 TAC §115.245(2), by failing to verify proper operation of the Stage II equipment at least once every 12 months or upon major system replacement or modifications, whichever occurs first; PENALTY: $4,500; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(4) COMPANY: Keeper Management, L.L.C.; DOCKET NUMBER: 2008-0256-MWD-E; TCEQ ID NUMBER: RN101523264; LOCATION: 6421 Hermann Road, Houston, Harris County; TYPE OF FACILITY: domestic wastewater treatment system; RULES VIOLATED: TWC, §26.121(a) and 30 TAC §305.65 and §305.125(2), by failing to maintain authorization for the discharge of wastewater; PENALTY: $2,160; STAFF ATTORNEY: Barham Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(5) COMPANY: Maverick County; DOCKET NUMBER: 2008-0637-MSW-E; TCEQ ID NUMBER: RN102459690; LOCATION: behind the Loma Bonita Subdivision between Bianca Street and Christian Street, Eagle Pass, Maverick County; TYPE OF FACILITY: unauthorized disposal site; RULES VIOLATED: 30 TAC §330.15(c) and TCEQ Docket Number 2006-1812-MSW-E, Ordering Provisions IV.2.b., by failing to dispose of municipal solid waste at an authorized facility and by failing to comply with ordering provisions for Docket Number 2006-1812-MSW-E; and 30 TAC §312.9 and TWC, §5.702, by failing to pay late Sludge Haulers fees for TCEQ Financial Administration Account Number 0803551H; PENALTY: $3,810; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(6) COMPANY: Phil Skloss; DOCKET NUMBER: 2008-0899-PST-E; TCEQ ID NUMBER: RN104259221; LOCATION: 7803 FM 1346, San Antonio, Bexar County; TYPE OF FACILITY: real property; RULES VIOLATED: 30 TAC §334.7(a)(1), by failing to register all USTs in existence on or after September 1, 1987, with the agency on authorized agency forms; and 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, a UST system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $3,675; STAFF ATTORNEY: Peipey Tang, Litigation Division, MC 175, (512) 239-0654; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(7) COMPANY: Teofilo R. Gonzalez dba Mini Super Las Palmas; DOCKET NUMBER: 2004-0342-PST-E; TCEQ ID NUMBER: RN101681252; LOCATION: 1/4 mile west of the intersection of FM 2221 and Minnesota Road, Mission, Hidalgo County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.48(c), by failing to conduct inventory control at a retail fuel dispensing facility; 30 TAC §334.50(a)(1)(A) and TWC, §26.3475(a) and (c)(1), by failing to have a release detection method capable of detecting a release from any part of the UST; 30 TAC §334.49(c)(4) and (2)(C), and TWC, §26.3475(d), by failing to have the cathodic protection system tested by a corrosion specialist or corrosion technician once every three years, and by failing to inspect the impressed current cathodic protection system at least every 60 days to ensure that the rectified and other system components are operating properly; 30 TAC §334.7(d)(3), by failing to file with the agency within 30 days from the date of the occurrence of the change or addition, an amended registration form; 30 TAC §334.8(c)(5)(C), by failing to permanently tag, label, or mark the UST system with an identification number listed on the UST Registration and Self-certification form; 30 TAC §334.8(c)(5)(B)(ii), by failing to ensure that a delivery certificate is renewed by timely and proper submission of a new UST Registration and Self-Certification form to the commission; 30 TAC §334.8(c)(5)(A)(i) and TWC §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before delivery of a regulated substance into an UST; 30 TAC §334.10(b), by failing to maintain records pertaining to the UST system at the facility and to provide those records to commission personnel upon request; and 30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding UST fees for TCEQ Financial Administration Account Number 0057001U; PENALTY: $46,725; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

TRD-200901000

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 10, 2009

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 20, 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 April 20, 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: Arnold J. Garcia; DOCKET NUMBER: 2008-0716-PST-E; TCEQ ID NUMBER: RN101836021; LOCATION: intersection of Highway 81 and Ranch Road 117, Dilley, Frio County; TYPE OF FACILITY: former retail gasoline station; RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding the underground storage tank (UST) within 30 days of the occurrence of the change or addition; 30 TAC §334.10(b), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; and 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, two USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $12,600; STAFF ATTORNEY: Tammy Mitchell, Litigation Division, MC 175, (512) 239-0736; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: ASAP Enterprises, Inc. dba VIP Cleaners 5 and dba IP Cleaners; DOCKET NUMBER: 2006-1285-DCL-E; TCEQ ID NUMBER: RN104098116 and RN100705763; LOCATION: 12379 Kingsride Lane, Houston, Harris County (VIP Cleaners 5 Facility) and 2368 South Dairy Ashford, Houston, Harris County (IP Cleaners Facility); TYPE OF FACILITY: dry cleaning drop stations; RULES VIOLATED: 30 TAC §337.10(a) and Texas Health and Safety Code (THSC), §374.102, by failing to complete and submit the required registration form to the TCEQ for a dry cleaning and/or drop station facility; and 30 TAC §337.11(e) and THSC, §374.102, by failing to renew the registration by completing and submitting the required registration form to the TCEQ for a dry cleaning and/or drop station facility; PENALTY: $2,370; STAFF ATTORNEY: Dinniah Chahin, Litigation Division, MC 175, (512) 239-0617; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(3) COMPANY: Carmen Martinez; DOCKET NUMBER: 2008-0914-PST-E; TCEQ ID NUMBER: RN101683373; LOCATION: 305 South Seventh Street, Raymondville, Willacy County; TYPE OF FACILITY: former retail gasoline service station; RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to notify TCEQ of any change or additional information regarding the USTs within 30 days of the occurrence of the change or addition; and 30 TAC §334.47(a)(2) and §334.54(b)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, four USTs for which any applicable component of the system is not brought into compliance with the upgrade requirements and by failing to maintain all piping, pump, manways, tank access points, and ancillary equipment in a capped, plugged, locked, and/or otherwise secured manner to prevent access, tampering, or vandalism by unauthorized persons; PENALTY: $22,050; STAFF ATTORNEY: Stephanie J. Frazee, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(4) COMPANY: Curtis Cashion; DOCKET NUMBER: 2008-0176-PST-E; TCEQ ID NUMBER: RN104999008; LOCATION: 407 North Avenue C, Olney, Young County; TYPE OF FACILITY: former retail gasoline service station; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service no later than 60 days after the prescribed update one UST for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $7,875; STAFF ATTORNEY: Stephanie J. Frazee, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(5) COMPANY: Fikremariam Deresse and Gizaw Getachew dba John's Corner Store; DOCKET NUMBER: 2007-1786-PST-E; TCEQ ID NUMBER: RN101539716; LOCATION: 4925 South Second Avenue, Dallas, Dallas County; TYPE OF FACILITY: inactive UST; RULES VIOLATED: 30 TAC §334.47(a)(2) by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, three USTs for which any applicable component of the system had not been brought into timely compliance with the upgrade requirements; and 30 TAC §334.22 and TWC, §5.702, by failing to pay outstanding UST fees and associated late fees for TCEQ financial account number 0031759U for Fiscal Years 1997 - 2007; PENALTY: $7,875; STAFF ATTORNEY: Benjamin Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: James F. Lunsford dba Fairview Joint Venture; DOCKET NUMBER: 2008-1086-MWD-E; TCEQ ID NUMBER: RN101516672; LOCATION: east of United States (US) Route 75, one mile south of the intersection of State Route 121 and US 75, Collin County; TYPE OF FACILITY: operates the Fairview Mobile Home Park Wastewater Treatment Facility; RULES VIOLATED: 30 TAC §305.125(1) and (4), TWC, §26.121(a), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0013806001, Permit Condition 2.d., by failing to operate and maintain the facility to prevent the discharge and accumulation of sludge in the receiving stream; 30 TAC §305.125(1), TWC, §26.121(a), and TPDES Permit Number WQ0013806001, Monitoring and Reporting Requirement Number 7c, by failing to submit non-compliance notifications as required; 30 TAC §319.7(a), §305.125(1) and (11)(B), and TPDES Permit Number WQ0013806001, Monitoring and Reporting Requirement Number 3.b., by failing to retain facility records; 30 TAC §217.281(a)(1) and §305.125(1) and (11), and TPDES Permit Number WQ0013806001, Effluent Limitations and Monitoring Requirements Number 2, by failing to maintain the 20 minute detention time in the chlorine contact basin; 30 TAC §305.125(1), TWC, §26.121(a), and TPDES Permit Number WQ0013806001, Effluent Limitations and Monitoring Requirements Number 6, by failing to comply with permitted effluent limits; 30 TAC §317.4(a)(5) (currently §§217.37(a), 217.128, and 217.161(d)), and TPDES Permit Number WQ0013806001, Operational Requirements Number 4, by failing to provide a form of auxiliary power at the facility; 30 TAC §305.125(17) and TPDES Permit Number WQ0013806001, Sludge Provisions, by failing to submit the annual sludge report by September 1st of each year as required by permit; 30 TAC §317.4(a)(8) and §317.7(i) (currently §217.330(a) and (b)), by failing to properly install the reduced-pressure backflow assembly (RPBA) at the plant's main potable water service line and to test the RPBA annually; 30 TAC §305.125(5) and §317.4(b)(4) (currently §217.123(b)), and TPDES Permit Number WQ0013806001, Operational Requirements Number 1, by failing to properly dispose of screenings; 30 TAC §305.125(5) and TPDES Permit Number WQ0013806001, Operational Requirements Number 1, by failing to properly operate and maintain the treatment system; 30 TAC §319.11(d) and TPDES Permit Number WQ0013806001, Monitoring and Reporting Number 2, by failing to accurately calculate instantaneous flow measurements; and 30 TAC §305.125(1) and TPDES Permit Number WQ0013806001, Other Requirements Number 8, by failing to submit a report that addresses the feasibility of connecting the system served by the permitted facility within six months of issuance of the permit; PENALTY: $38,850; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Jarrod L. Meyer dba Jarrod's Lawn and Landscaping; DOCKET NUMBER: 2008-1155-LII-E; TCEQ ID NUMBER: RN104846183; LOCATION: 5902 Stoneleigh Drive, Tyler, Smith County; TYPE OF FACILITY: landscape irrigation business; RULES VIOLATED: 30 TAC §30.5(b) and §344.4(a), by failing to prevent the advertisement or representation of oneself to the public as a holder of a license or registration without possession of a current license or registration; PENALTY: $300; STAFF ATTORNEY: Tommy Tucker Henson II, Litigation Division, MC 175, (512) 239-0946; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(8) COMPANY: Javier B. Armendariz; DOCKET NUMBER: 2008-1668-PST-E; TCEQ ID NUMBER: RN101835726; LOCATION: 1112 South Dixie Boulevard, Odessa, Ector County; TYPE OF FACILITY: abandoned mechanic shop/car wash facility; RULES VIOLATED: 30 TAC §334.50(b)(1)(A), TWC §26.3475(c)(1), and TCEQ Agreed Order, Docket Number 2006-1902-PST-E, Ordering Provisions Number 2.a.i., by failing to monitor USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.49(a), TWC, §26.3475(d), and TCEQ Agreed Order, Docket Number 2006-1902-PST-E, Ordering Provisions Number 2.a.ii., by failing to provide proper corrosion protection for the UST system; and TCEQ Agreed Order, Docket Number 2006-1902-PST-E, Ordering Provision Number 1, by failing to timely and satisfactorily comply with the administrative penalty payment requirements and late fees associated with the penalty; PENALTY: $31,250; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: Midland Regional Office, 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(9) COMPANY: Jimmy Miller, Executor of the Latham Miller Estate; DOCKET NUMBER: 2008-0666-PST-E; TCEQ ID NUMBER: RN102249836; LOCATION: Highway 71 between East Willis Street and West Willis Street, Pontotoc, Mason County; TYPE OF FACILITY: former gasoline service station; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed implementation date, two USTs for which any applicable component of the system is not brought into compliance with the upgrade requirement; and 30 TAC §334.7(d)(3), by failing to provide amended registration for any change or additional information regarding USTs within 30 days of the date on which the owner or operator first became aware of the change or addition; PENALTY: $11,550; STAFF ATTORNEY: Stephanie J. Frazee, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(10) COMPANY: John M. Harris; DOCKET NUMBER: 2007-1980-WOC-E; TCEQ ID NUMBER: RN103714820; LOCATION: northeast of the junction of State Highway 114 and US Highway 377, Town of Marshall Creek, Denton County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §30.5(a), TWC, §37.003, and THSC, §341.034(b), by failing to renew a public water system operator license prior to performing duties in production, treatment, and distribution of public drinking water; PENALTY: $250; STAFF ATTORNEY: Benjamin Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: Kazi Begum dba Quick Stop; DOCKET NUMBER: 2008-1256-PST-E; TCEQ ID NUMBER: RN102457785; LOCATION: 12111 Farm-to-Market Road 3083, Conroe, Montgomery County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(d)(1)(B)(iii)(I) and TWC, §26.3475(c)(1), by failing to provide release detection 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 §115.246(4) and (6) and THSC, §382.085(b), by failing to maintain Stage II records at the Station and make them available upon request by agency personnel; and 30 TAC §115.242(1)(C) and (3)(A) and THSC, §382.085(b), by failing to upgrade the Stage II equipment to onboard refueling vapor recovery compatible systems and failing to maintain the Stage II equipment in proper operating condition, as specified by the manufacturer and/or any applicable California Air Resources Board Executive Order, and free of defects that would impair the effectiveness of the system; PENALTY: $6,390; STAFF ATTORNEY: Tommy Tucker Henson II, Litigation Division, MC 175, (512) 239-0946; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(12) COMPANY: Leonard Garcia; DOCKET NUMBER: 2008-1211-PST-E; TCEQ ID NUMBER: RN102130598; LOCATION: 1220 North Garfield Street, San Angelo, Tom Green County; TYPE OF FACILITY: three inactive USTs; RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to notify TCEQ of any change or additional information regarding the USTs within 30 days of the occurrence of the change or addition; 30 TAC §334.47(a)(2) and §334.54(b)(2), by failing to remove from service, no later than 60 days after the prescribed implementation date, three USTs for which any applicable component of the UST system is not brought into timely compliance with the upgrade requirements and by failing to maintain all piping, pumps, manways, tank access points and ancillary equipment in a capped, plugged, locked, and otherwise secured manner to prevent access, tampering, or vandalism by unauthorized persons; and 30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding UST fees and associated late fees for TCEQ Financial Account Number 0042001U for Fiscal Years 1995 - 2006; PENALTY: $16,800; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(13) COMPANY: Samuel Fachorn; DOCKET NUMBER: 2008-0578-MLM-E; TCEQ ID NUMBER: RN105370001; LOCATION: 2877 County Road 216, Burleson County; TYPE OF FACILITY: property; RULES VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by failing to comply with the general prohibition of outdoor burning within the State of Texas; and 30 TAC §330.15(c), by failing to comply with the general prohibition of dumping or disposal of municipal solid waste within the State of Texas; PENALTY: $3,142; STAFF ATTORNEY: Tommy Tucker Henson II, Litigation Division, MC 175, (512) 239-0946; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(14) COMPANY: Walker Wood Preserving, Inc.; DOCKET NUMBER: 2005-0349-MLM-E; TCEQ ID NUMBER: RN102523461; LOCATION: 3947 State Highway 146 South, Livingston, Polk County; TYPE OF FACILITY: wood preserving facility; RULES VIOLATED: 30 TAC §§305.62, 305.69, 305.125(8), 335.2, and 335.69, Industrial Hazardous Waste (IHW) Permit Number 50308, Provision II.A.I., and 40 Code of Federal Regulations (CFR) §262.34(a), by failing to amend or modify the facility's permit; 30 TAC §305.125(1) and IHW Permit Number 50308, Provision II.A.2., by failing to comply with the provisions of IHW Permit Number 50308; 30 TAC §111.201 and THSC, §382.085(b), by causing, suffering, or allowing outdoor burning in the State of Texas without the authorization from the commission; 30 TAC §335.62 and §335.431(c) and 40 CFR §262.11 and §268.7(a)(1), by failing to conduct hazardous waste determinations for two hazardous waste streams (United States Environmental Protection Agency Hazardous Waste Codes K001, D004, D007, and F035) and determine if its waste streams were restricted from land disposal prior to shipping off-site; 30 TAC §335.6, by failing to notify the commission of the existence of hazardous waste streams and hazardous waste management units; 30 TAC §335.13(i), IHW Permit Number 50308, Provision II.C.1.h., and 40 CFR §262.40(a), by failing to retain hazardous waste manifests for hazardous waste for a minimum of three years from the date of shipment; 30 TAC §335.9(a)(1) and IHW Permit Number 50308, Provision II.C.1.h., by failing to keep records of all hazardous and industrial solid waste activities regarding the quantities generated, stored, processed, and disposed of; 30 TAC §335.4 and TWC, §26.121(a)(1), by failing to prevent unauthorized discharges of hazardous and industrial waste; and 30 TAC §§205.6, 335.324, and 335.331, TWC, §5.702, and THSC, §361.135(c), by failing to pay Storm Water General Permit and Hazardous Waste Facility fees for Fiscal Year 2005; PENALTY: $101,000; STAFF ATTORNEY: Barham Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

TRD-200901001

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 10, 2009

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

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

Copies of each of the proposed S/DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the S/DO shall be sent to the attorney designated for the S/DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 20, 2009. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission attorneys are available to discuss the S/DOs and/or the comment procedure at the listed phone numbers; however, comments on the S/DOs shall be submitted to the commission in writing.

(1) COMPANY: Adnan Najm dba Sunmart 352; DOCKET NUMBER: 2008-0752-PST-E; TCEQ ID NUMBER: RN101943140; LOCATION: 3300 Yellowstone Boulevard, Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(1), (3), and (7)(A) and Texas Health and Safety Code (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 §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment at least once every 12 months and the Stage II vapor space manifolding and dynamic back pressure at least once every 36 months or upon major system replacement or modification, whichever occurs first; 30 TAC §115.244(1) and (3) and THSC, §382.085(b), by failing to conduct daily and monthly inspections of the Stage II vapor recovery system; 30 TAC §115.248(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 vapor recovery system, and each current employee receives in-house Stage II vapor recovery training regarding the purpose and operation of the vapor recovery system; 30 TAC §115.242(1)(C) and (3)(K) and THSC, §382.085(b), by failing to upgrade the Stage II equipment to onboard refueling vapor recovery compatible systems; 30 TAC §334.50(b)(1)(A), (2), (A)(i)(III), (d)(1)(B)(ii), (iii)(I) and TWC, §26.3475(a) and (c)(1), by failing to ensure that all USTs are monitored in a manner which will detect a release at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3475(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; 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 involved in the retail sale of petroleum substances used as motor fuel each operating day; and 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 according to the UST registration and self-certification form; PENALTY: $22,708; STAFF ATTORNEY: Barham Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(2) COMPANY: Je Jalaram, Inc. dba JC's Food Mart; DOCKET NUMBER: 2007-1939-PST-E; TCEQ ID NUMBER: RN102485737; LOCATION: 5801 John Stockbauer Drive, Victoria, Victoria County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50 and TWC, §26.3475(c)(1), by failing to provide a method of release detection capable of detecting a release from any portion of the UST system which contained regulated substances; 30 TAC §334.10(b), by failing to have the required UST records maintained, readily accessible, and make them available for inspection upon request by agency personnel; 30 TAC §334.7(d)(3), §334.8(c)(4)(A)(vii), (B), and (5)(B)(ii), by failing to notify the agency of any change of any additional information regarding USTs within 30 days from the date of the occurrence of the change or addition; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3475(a), by failing to make available to a common carrier, a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; 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 motor fuel; PENALTY: $16,320; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(3) COMPANY: Mike Lucio dba Mike Lucio's Auto Service; DOCKET NUMBER: 2007-1243-PST-E; TCEQ ID NUMBER: RN101687572; LOCATION: 106 South Commerce Street, Harlingen, Cameron County; TYPE OF FACILITY: operates an automotive servicing facility; RULES VIOLATED: 30 TAC §334.50(a)(1)(A) and TWC, §26.3475(c)(1), by failing to provide a method of release detection capable of detecting a release from any portion of the UST system which contains regulated substances; 30 TAC §334.49(a)(1) and TWC, §26.3475(d), by failing to provide a corrosion protection system for the UST at the facility; 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; 30 TAC §334.7(d)(3), by failing to provide amended registration for any change or additional information regarding an UST within 30 days from the date of the occurrence of the change or addition; 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, four USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; and 30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding UST fees for TCEQ Financial Account Number 0032789U for Fiscal Years 2006 - 2007; PENALTY: $17,000; STAFF ATTORNEY: Rudy Calderon, Litigation Division, MC 175, (512) 239-0205; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

TRD-200900999

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 10, 2009

Notice of Water Quality Applications

The following notices were issued during the period of March 3, 2009 through March 6, 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

BRAZOS ELECTRIC POWER COOPERATIVE INC which operates a steam electric generating facility, has applied for a renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0001904000, which authorizes the discharge of once-through cooling water (from unit 1, 2, and 3) at a daily average flow not to exceed 85,000,000 gallons per day via Outfall 001; and low volume wastewater, previously monitored effluents (water treatment waste and metal cleaning waste from internal Outfall 102), and storm water runoff on an intermittent and flow variable basis via Outfall 002. The draft permit authorizes the discharge of once-through cooling water (from unit 1, 2, and 3) and deminimus auxiliary cooling water at a daily average flow not to exceed 85,000,000 gallons per day via Outfall 001; and low volume wastewater, previously monitored effluents (water treatment waste and metal cleaning waste from internal Outfall 102), and storm water runoff on an intermittent and flow variable basis via Outfall 002. The facility is located at 602 West Lake Drive on the southwest shore of Lake Weatherford, approximately four miles northeast of the City of Weatherford, Parker County, Texas.

THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) has initiated a minor amendment of the TPDES permit WQ0012090001 issued to U.S. Army Corps of Engineers to include the monitoring frequency of once per month and sample type of instantaneous for flow. The existing permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 95 gallons per day via evaporation. 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 Granger Lake Project Office adjacent to Farm-to-Market Road 971 at the north end of Granger Dam at a point approximately 8 miles east of the intersection of State Highway 95 and Farm-to-Market Road 971 in Williamson County, Texas.

ABITIBI CONSOLIDATED CORP which operates the Lufkin Mill, an integrated pulp and paper mill, has applied for a renewal of TPDES Permit No. WQ0000368000, which authorizes the discharge of process wastewater, utility wastewater, washdown water, domestic wastewater, landfill leachate, and storm water at a daily average dry weather flow not to exceed 17,400,000 gallons per day via Outfall 001; storm water and water from the water storage tanks on an intermittent and flow variable basis via Outfall 002; storm water, boiler blowdown, discharges from the fire system (i.e., fire system test water), and cooling water on an intermittent and flow variable basis via Outfall 004; and storm water on an intermittent and flow variable basis via Outfall 005. The facility is located at 3201 Atkinson Drive, on the north side of State Highway 103, approximately 0.25 of a mile east of the intersection of State Highway 103 and Farm-to-Market Road 842 on the northeast of the City of Lufkin, Angelina County, Texas.

OAK GROVE MINING COMPANY LLC which operates the Oak Grove Lignite Mining Area, a lignite surface mining facility, has applied for a major amendment to TPDES Permit No. WQ0002699000 to add Outfall 004 for the discharge of wastewater from the new active Kosse Expansion Mining Area, and Outfall 104 for the discharge of wastewater from the new post Kosse Expansion Mining Area, to the permit. The current permit authorizes the discharge from retention ponds in the "active mining areas" on an intermittent and flow variable basis via Outfalls 001 (Kosse Mining Area), 002 (Bremond Mining Area), and 003 (Thornton Mining Area); the discharge of treated wastewater from retention ponds in the "post-mining area" on an intermittent and flow variable basis via Outfalls 101 (Post Kosse Mining Area), 102 (Post Bremond Mining Area), and 103 (Post Thornton Mining Area); and the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day via Outfall 201. The facility is located along Farm-to-Market Road 2293, approximately 6 miles southeast of the City of Bremond, Limestone and Robertson Counties, Texas.

SYNAGRO OF TEXAS CDR INC has applied for a renewal of Permit No. WQ0004591000, which authorizes the land application of sewage sludge for beneficial use. The current permit authorizes land application of sewage sludge for beneficial use on 202.7 acres. This permit will not authorize a discharge of pollutants into waters in the State. The land application site is located approximately 1 3/4 miles southeast of Rock Island, Texas, and approximately 2.5 miles south of the intersection of Alternate Highway 90 West and County Road 118 in Colorado County, Texas.

THE CITY OF GORMAN has applied for a renewal of Permit No. WQ0010091001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 120,000 gallons per day. The facility is located southwest of the City of Gorman, west of Farm-to-Market Road 79 (Crescent Street) in Eastland County, Texas.

CITY OF HARKER HEIGHTS has applied for a renewal of TPDES Permit No. WQ0010155001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 3,000,000 gallons per day. The facility is located approximately 3,000 feet northwest of the intersection of U.S. Business 190 and Farm-to-Market Road 3219, approximately 1/4 mile north of U.S. Business 190 on the south bank of Nolan Creek in Bell County, Texas.

THE CITY OF GONZALES has applied for a major amendment to TPDES Permit No. WQ0010488001 to move the point of discharge, revise the discharge route and remove effluent limits and monitoring requirements for Total Dissolved Solids and Chlorides. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,250,000 gallons per day. The facility is located at the confluence of the Guadalupe River and Tinsley Creek, approximately 4,000 feet east of U.S. Highway 183, and approximately 5,000 feet south of U.S. Highway 90-A in Gonzales County, Texas.

MATAGORDA COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO 6 has applied for a renewal of TPDES Permit No. WQ0010663001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 193,000 gallons per day. The facility is located approximately 3,000 feet east of the intersection of State Highway 35 and Farm-to-Market Road 2540 in Matagorda County, Texas.

TARRANT BAPTIST ASSOCIATION INC has applied to TCEQ for a renewal of TPDES Permit No. WQ0010895001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day. TCEQ received this application on November 14, 2008. The facility is located approximately 1,000 feet due west of the Brazos River and approximately four miles due east of the intersection of Farm-to-Market Road 56 and Farm-to-Market Road 144 in Somervell County, Texas.

BRAZOS RIVER AUTHORITY has applied for a renewal of TPDES Permit No. WQ0011318001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 10,000,000 gallons per day. The facility is located approximately 3,000 feet south of Farm-to-Market Road 93 and approximately 1.5 miles east of the intersection of Farm-to-Market Road 93 and Interstate Highway 35 in Bell County, Texas.

EAST CEDAR CREEK FRESH WATER SUPPLY DISTRICT has applied for a major amendment to TPDES Permit No. WQ0011858001 to authorize installation of a tertiary clarifier and upgrades in the chemical feed and sludge handling system. The current permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 750,000 gallons per day. The facility is located on the northeast side of Cedar Creek Reservoir within the City of Gun Barrel City, approximately 1,500 feet northwest of the intersection of Hammer Street and Welch Lane, and approximately 1.2 miles southwest of the intersection of State Highway 334 and State Highway 198 in Henderson County, Texas.

TEXAS PARKS AND WILDLIFE DEPARTMENT has applied to TCEQ for a renewal of TPDES Permit No. WQ0012234002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 16,000 gallons per day. The facility is located approximately three miles east of Farm-to-Market Road 762 and 1.3 miles north of Farm-to-Market Road 1462 and approximately 2,700 feet south of the Park Interpretive Building in Brazos Bend State Park in Fort Bend County, Texas.

CAMP FOR ALL FOUNDATION has applied for a renewal of TPDES Permit No. WQ0013838001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 45,000 gallons per day. The facility is located approximately 270 feet south of the intersection of Rehburg Road and Oliver Earl Lane north of the Town of Burton in the northwest portion of Washington County, Texas.

HORSESHOE VILLAGE MHC LLC has applied for a renewal of Permit No. WQ0013880001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 20,460 gallons per day via subsurface drip irrigation of 4.7 acres of non-public access agricultural land and requested for deletion of the 29,260 gallons per day final phase. The wastewater treatment facility and disposal site are located approximately 0.25 mile north of the intersection of U.S. Highway 183 and State Highway 29 in Williamson County, Texas.

SOUTHWEST MILAM WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. WQ0014110001, which authorizes the discharge of treated water treatment filter backwash water at a daily average flow not to exceed 31,000 gallons per day. The facility is located on the south side of Farm-to-Market Road 908 approximately 1,500 feet east of the intersection of Farm-to-Market Road 908 and Milam County Road 316 in Milam County, Texas.

SUNFIELD MUNICIPAL UTILITY DISTRICT NO 4 and Guadalupe-Blanco River Authority has applied for a renewal of TPDES Permit No. WQ0014377001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 990,000 gallons per day. The facility will be located at 1431 Satterwhite Road, approximately 2,000 feet east of the intersection of Farm-to-Market Road 2001 and Satterwhite Road in Hays County, Texas.

LOWER COLORADO RIVER AUTHORITY AND BRAZOS RIVER AUTHORITY has applied for a renewal of TPDES Permit No. WQ0014477001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,200,000 gallons per day. The facility is located approximately 9,150 feet southeast of the intersection of U.S. Highway 183 and State Highway 29, and approximately 4,000 feet north of the South Fork San Gabriel River in Williamson 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-200901051

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 11, 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: 8-Day Pre-election Report due October 27, 2008

June Perdue Jenkins, Texas Democratic Women of Collin County, 5421 Palace Dr., Richardson, Texas 75082

Richard D. Ramsey, P.O. Box 971, Newton, Texas 75966

Deadline: Monthly Report due January 5, 2009

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

Deadline: Annual Report of Unexpended Contributions due January 15, 2009 for Candidates and Officeholders

Guadalupe A. Gonzalez, 2111 Dorado Dr., Mission, Texas 78573-8590

Rick W. Neudorff, 2307 Bengal Ln., Plano, Texas 75023-7703

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

Anette J. Carlisle, 1216 S. Lamar St., Amarillo, Texas 79102-1321

David M. Davenport, 8701 W. Parmer Ln. Apt. 11323, Austin, Texas 78729-4958

Harold V. Dutton Jr., 4001 Jewett St., Houston, Texas 77026-5544

Randy Frazier, 2450 Louisiana St., Ste. 400-514, Houston, Texas 77006-2380

John B. Gordon, 1007 Green Meadow Dr., Round Rock, Texas 78664-3102

Lehman Jeremiah Harris, 519 E. Interstate 30 #715, Rockwall, Texas 75087-5408

Jeff Humber, 1721 High Ridge Rd., Benbrook, Texas 76126-2907

Abel C. Limas, 974 E. Harrison St., Brownsville, Texas 78520-7123

Juan J. Maldonado, 105 E. Expy 83, Ste. F, Pharr, Texas 78577-6560

David H. Melasky, 2777 Allen Pkwy, Ste. 1000, Houston, Texas 77019-2165

Borris Lee Miles, 5302 Almeda Rd., Houston, Texas 77004-7440

Richard A. Olivo, 421A Executive Center Blvd., El Paso, Texas 79902-1003

David C. Rankin, 3111 Skyline Dr., Nacogdoches, Texas 75965-3169

Ronald E. Reynolds, 6565 W. Loop S., Ste. 115, Bellaire, Texas 77401-3505

Felix Saldivar Jr., 3160 N. Lee Trevino Dr., Ste. 110A, El Paso, Texas 79936-2061

Jim Sharp, P.O. Box 2611, Houston, Texas 77252-2611

Vernard G. Solomon, 103 E. Houston St., Marshall, Texas 75670-4143

Kathryn A. Ward, 1517 Tampico Dr., Plano, Texas 75075-2223

Jimmy P. Wrotenbery, 2300 Mimosa Dr., Houston, Texas 77019

Jorge Borunda Zaragoza, 1049 W. 16th St., Houston, Texas 77008-3427

Deadline: Semiannual Report due January 15, 2009 for Political Action Committees

Dwayne E. Adams, Bexar County Democratic Party (CEC), 3010 N. Saint Marys St., Ste. 1101, San Antonio, Texas 78212

James W. Blair, Lancaster Police Officer's Association, 3817 Regent St., Midlothian, Texas 76065

Russell L. Burnett, Automobile Insurance Agents of Texas PAC, P.O. Box 428, Lake Jackson, Texas 77566-0428

Noel Candelaria, Ysleta Educators PAC, 10935 Ben Crenshaw Dr., Ste. 210, El Paso, Texas 79935-3039

Roger Chan, Small Business PAC, 5207 Backtrail Dr., Austin, Texas 78731-2668

Chelsea R. Chapman, Houston Area Conservatives, 705 Main St., Ste. 303, Houston, Texas 77002

Lawrence Collins, Texas Motion Picture Alliance PAC, 919 Congress Ave., Ste. 1100, Austin, Texas 78701-2179

Marcia M. Gilbert, Rockwall Republican Executive Committee General Purpose PAC (CEC), P.O. Box 863, Rockwall, Texas 75087-0863

Albert Alex Gonzalez, Travis County Republican National Hispanic Assembly, 14606 Gold Fish Pond Ave., Austin, Texas 78728

Carolyn Gregory-Barclay, Canyon Lake Republican Women PAC, 1034 Island View, Canyon Lake, Texas 78133-5121

James B. Hotze, Texas Conservative PAC, 5000 Terminal St., Bellaire, Texas 77401

June Perdue Jenkins, Texas Democratic Women of Collin County, 5421 Palace Dr., Richardson, Texas 75082

Phyllis London, Delta County Republican Women, 10 County Road 3060, Cooper, Texas 75432

Sarah W. Pribyl, Victoria Federation of Teachers Committee on Political Education, 1007 E. Airline Rd., Ste. C, Victoria, Texas 77901-4013

Heather Ramon-Ayala, Texans for Local Control, 3822 Blue Oak Pass, San Antonio, Texas 78223

R. Yvonne Scherz, Katy Republican Women, 2123 FM 1960 Rd. W. #108, Houston, Texas 77090

Richard W. Snyder, Heart Place PAC, 14800 Landmark Blvd., Ste. 700, Dallas, Texas 75254-7010

Bruce A. Tankleff, Texas Democratic Women of Montgomery County PAC, 15 Gillium Bluff Pl., The Woodlands, Texas 77382-1622

William D. Taylor, BoerneForward, 603 Live Oak St., Boerne, Texas 78006

Deborah D. Tucker, Texans Against Gun Violence Political Victory Fund, 4612 Shoal Creek Blvd., Austin, Texas 78756-2915

Samuel Wesley, P.O.W.E.R. PAC, 3602 S. Macgregor Way, Houston, Texas 77021-1504

Deadline: Lobby Activities Report due October 10, 2008

William J. Stevens, 1801 Lavaca, Ste. 5L, Austin, Texas 78701

Deadline: Lobby Activities Report due December 10, 2008

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

Linda S. Sickels, 2525 N. Stemmons Fwy., Dallas, Texas 75207

Deadline: Lobby Activities Report due January 12, 2009

Joseph W. Bishop, 1122 Colorado St., Ste. 320, Austin, Texas 78701

George "Hank" Clements, 5907 Hillcrest Ave., Dallas, Texas 75205

Don Comedy, 837 Los Escondidos, Marble Falls, Texas 78654

Robert K. Feather, 801 Seventh Ave., Fort Worth, Texas 76104

Anthony Haley, 919 Congress Ave., Ste. 1130, Austin, Texas 78701

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

Marc A. Levin, 900 Congress Ave., Ste. 400, Austin, Texas 78701

Evelyn W. Njuguna, 1821 Rutherford Lane, Ste. 400, Austin, Texas 78754

James F. Shearer, 1122 Colorado St., Ste. 320, Austin, Texas 78701

Linda S. Sickels, 2525 N. Stemmons Fwy., Dallas, Texas 75207

G. Gail Watkins, 1301 McKinney, Ste. 5100, Houston, Texas 77010

Larry F. York, 816 Congress Ave., Ste. 1670, Austin, Texas 78701

TRD-200900954

David Reisman

Executive Director

Texas Ethics Commission

Filed: March 5, 2009

Texas Forensic Science Commission

Notice of Major Consulting Services Contract

In accordance with the provisions of Texas Government Code, Chapter 2254, the Texas Forensic Science Commission (TFSC) and Sam Houston State University have entered into a contract, dated March 1, 2009, with Dr. Craig Beyler for purposes of delivering an expert review of two Texas fire incidents to begin March 1, 2009 and end on June 1, 2009. The total amount of the project shall not exceed $33,600.

Dr. Beyler's investigation will include but not be limited to the following:

A. Conduct an independent evaluation of the origin and spread of each fire, using current and appropriate fire analysis theory and methodology as well as proper scientific method.

B. Evaluate the origin of each fire using appropriate fire analysis theory and methodology, ensuring the proper scientific method was employed.

C. Evaluate the fire investigation and analyses previously performed in response to both fires and determine the following:

(1) whether prior investigations correctly determined the fire origin and spread of each fire;

(2) whether prior investigations and analyses were performed based on the correct scientific information and fire technology available at the time such investigations and analyses were made; and

(3) whether the professional who conducted the prior investigations and analyses were appropriately trained in the then-current scientific information and fire technology available at the time of their investigations.

D. Evaluate the trial testimony of fire experts and investigators who testified at the trials on each fire, including evaluating whether the opinions offered by such experts and investigators were in accordance with the then-current scientific information and fire technology available to them at the time.

E. Determine if, based on current scientific information and fire technology analysis available, the fire investigation analysis performed in each case was conducted to the appropriate level expected of trained individuals at this time.

F. Determine whether the fire investigation analysis performed in each case was conducted to the appropriate level of trained professionals as what was generally accepted fire science on or about the date of each incident.

G. Include in the review whether there were valid determinations of the fire origin and spread. Further, determine if the State Fire Marshal and other investigators provided testimony which was in accordance with what would be expected of a fire expert employing the scientific method at that time.

H. Review the trial testimony of fire experts and investigators and deliver an opinion as to their validity both at the time of testimony as well as at the current time, considering recent developments in fire science and literature.

I. Compare the fire literature and practical theory that was available at the time of each incident versus post fire incident fire science and technology. It is requested that you render opinions regarding whether or not a retrospective examination could have been examined conducted in a timely manner.

J. Deliver an opinion as to the quality and scientific expression of the available data to include examination of fire investigative reports, scene photos, fire evidence collection techniques and interpretation of investigative findings.

K. Conduct an examination of the autopsy reports.

L. If any significant analyses were flawed or testimony was given that was incorrect or misleading of scientific relevance it is requested that these issues be included in your expert report. Determination of negligence or professional misconduct is the limitation of TFSC's duties under Texas law.

M. It is requested that recommendations for the future be provided in your report to TFSC. Any recommendation may include preventive actions to be taken by forensic scientists who perform arson analyses.

N. In the initial development of conclusions, if any additional documentation is required or has been deemed not available, Consultant will indicate how that may or may not alter the outcome of the assessment.

The purpose of this engagement is to investigate the two incidents, provide an interpretation, and advise the TFSC in the development of recommendations to the Texas Fire Marshal's Office.

Dr. Beyler's business address is as follows:

Hughes & Associates, Inc.

3610 Commerce Drive, Suite 817

Baltimore, Maryland 21227

Parties interested in more information regarding the Contract shall contact the Texas Forensic Science Commission at:

Leigh M. Tomlin

Sam Houston State University

College of Criminal Justice

Texas Forensic Science Commission

Box 2296

816 17th Street

Huntsville, Texas 77341

Phone: 1-888-296-4232

Fax: 1-888-305-2432

E-mail: info@fsc.state.tx.us

TRD-200900935

Fernando Gomez

Legal Counsel, Texas State University System

Texas Forensic Science Commission

Filed: March 4, 2009

Texas Health and Human Services Commission

Public Notice

The Texas Health and Human Services Commission announces its intent to submit amendments to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendments are effective April 1, 2009.

The amendments will modify the reimbursement methodologies in the Texas Medicaid State Plan as a result of Medicaid fee changes for services provided by:

Physicians and Certain Other Practitioners

Providers of Durable Medical Equipment, Prosthetics, Orthotics, and Supplies

Early and Periodic, Screening and Diagnosis and Treatment (EPSDT)

Family Planning

The proposed amendments are estimated to result in additional annual aggregate expenditures of $150,115 for the remainder of the federal fiscal year (FFY) 2009, with approximately $89,228 in federal funds and $60,887 in state general revenue (GR). For FFY 2010, the estimated additional aggregate expenditure is $321,536 with approximately $188,838 in federal funds and $132,698 in GR. For FFY 2011, the estimated additional aggregate expenditure is $374,126 with approximately $220,585 in federal funds and $153,541 in GR.

Interested parties may obtain copies of the proposed amendments by contacting Dan Huggins, Director of Rate Analysis for Acute Care Services, by mail at the Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1432; by facsimile at (512) 491-1998; or by e-mail at dan.huggins@hhsc.state.tx.us. Copies of the proposals will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.

TRD-200901015

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: March 10, 2009

Public Notice

The Texas Health and Human Services Commission (HHSC) intends to submit to the Centers for Medicare and Medicaid Services a request to amend the Medically Dependent Children Program (MDCP) waiver. The MDCP is a Medicaid home and community based service waiver authorized under the authority of Title XIX, §1915(c), of the Social Security Act. The current 1915(c) waiver is approved from September 1, 2007, to August 31, 2012.

The MDCP waiver provides support to families and primary caregivers of individuals under age 21, who wish to move from a nursing facility to the community or to remain in the community. MDCP strives to support inclusion of children with disabilities in a cost-effective manner through a process that does not supplant the family role and to support permanency planning for all program participants. MDCP services include respite, adaptive aids, adjunct support services, financial management services, minor home modifications and transition assistance services. Effective February 1, 2009, MDCP expanded the Consumer Directed Services option to include Registered Nurses and Licensed Vocational Nurses as providers of respite and adjunct support services.

Because Registered Nurse (RN) and Licensed Vocational Nurse (LVN) services will be available through the CDS option, they no longer need to be independently contracted. This amendment will remove RNs and LVNs as independently contracted providers of respite and adjunct support services.

HHSC is requesting that the waiver amendment be approved for the period beginning September 1, 2009, through August 31, 2012. This amendment maintains cost neutrality of service costs for federal fiscal years 2009 through 2012.

To obtain copies of the proposed waiver, interested parties may contact Christine Longoria by mail at Texas Health and Human Services Commission, P.O. Box 85200, Mail Code H-620, Austin, Texas 78708-5200, telephone (512) 491-1152, fax (512) 491-1953, or e-mail christine.longoria@hhsc.state.tx.us.

TRD-200901019

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: March 10, 2009

Department of State Health Services

Designation of The Med Clinic 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: The Med Clinic, 3705-9th Avenue, Port Arthur, Texas 77642. 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-200901002

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: March 10, 2009

Licensing Actions for Radioactive Materials

TRD-200900996

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: March 9, 2009

Texas Department of Housing and Community Affairs

Request for Proposals for Temporary Housing for Rapid Deployment in Response to Disasters Contingency Contract

Summary. The Texas Department of Housing and Community Affairs (TDHCA) announces an Request for Proposals (RFP) for Temporary Housing for Rapid Deployment in Response to Disasters.

Deadline For Submission. The deadline for submission in response to the RFP is 5:00 p.m., Central Daylight Saving Time, Friday, May 1, 2009. No proposal received after the deadline will be considered. No incomplete, unsigned, or late proposals will be accepted after the proposal deadline, unless TDHCA determines, in its sole discretion, that it is in the best interest of TDHCA to do so.

TDHCA reserves the right to accept or reject any (or all) proposals submitted. The information contained in this proposal request is intended to serve only as a general description of the services desired by TDHCA, and TDHCA intends to use responses as a basis for further negotiation of specific project details with offerors. This request does not commit TDHCA to pay for any costs incurred prior to the execution of a contract and is subject to availability of funds. Issuance of this RFP in no way obligates TDHCA to award a contract or to pay any costs incurred in the preparation of a response.

Individuals or firms interested in submitting a proposal should visit our website at http://www.tdhca.state.tx.us/cdbg/index.htm, for a complete copy of the RFP. Throughout the procurement process, all questions relating to this RFP must be submitted to TDHCA in writing to Julie Dumbeck (julie.dumbeck@tdhca.state.tx.us).

Place and Method of Proposal Delivery. Proposals shall be delivered to:

Texas Department of Housing and Community Affairs

Mailing Address:

P.O. Box 13941

Austin, TX 78711-3941

Physical Address for Overnight Carriers:

221 East 11th Street

Austin, Texas 78701-2410

(512) 475-3800

TRD-200900950

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 5, 2009

Houston-Galveston Area Council

Request for Proposals

The Houston-Galveston Area Council solicits proposals from qualified organizations to provide summer jobs for youth. A proposal package will be available for download at www.h-gac.com or www.wrksolutions.com beginning at 12:00 noon Central Standard Time on Friday, March 6, 2009. Hard copies of the proposal package will also be available at that time.

A bidder's conference is scheduled for Thursday, March 12, 2009 starting at 10:00 am at the Doubletree Post Oak Hotel, 2001 Post Oak Blvd., 2nd floor - San Felipe Room, Houston, Texas. Proposals are due at H-GAC offices on or before 12:00 noon Central Daylight Time on Friday, March 27, 2009. Mailed proposals must be postmarked no later than Wednesday, March 25, 2009. H-GAC will not accept late proposals; we will make no exceptions.

Prospective bidders may contact Carol Kimmick at (713) 627-3200 or ckimmick@theworksource.org or visit the web site to request a proposal package.

TRD-200900955

Jack Steele

Executive Director

Houston-Galveston Area Council

Filed: March 5, 2009

Texas Lottery Commission

Instant Game Number 1186 "Happy Holidays!"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1186 is "HAPPY HOLIDAYS!" The play style is "key number match with doubler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1186 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 1186.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, SNOWFLAKE 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. 1186 - 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 (1186), 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: 1186-0000001-001.

K. Pack - A pack of "HAPPY HOLIDAYS!" 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 "HAPPY HOLIDAYS!" Instant Game No. 1186 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 "HAPPY HOLIDAYS!" Instant Game is determined once the latex on the ticket is scratched off to expose 11 (eleven) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to the WINNING NUMBER play symbol, the player wins the PRIZE shown for that number. If a player reveals a "SNOWFLAKE" play symbol, the player wins DOUBLE 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 11 (eleven) 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 11 (eleven) 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 11 (eleven) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 11 (eleven) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate non-winning prize symbols on a ticket.

C. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.

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

E. The "SNOWFLAKE" (doubler) play symbol will only appear on winning tickets as dictated by the prize structure.

F. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 5 and $5).

G. The top prize will appear on every ticket unless otherwise restricted by the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "HAPPY HOLIDAYS!" 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 "HAPPY HOLIDAYS!" 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 "HAPPY HOLIDAYS!" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 12,000,000 tickets in the Instant Game No. 1186. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1186 - 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. 1186 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. 1186, 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-200900937

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 5, 2009

Instant Game Number 1188 "Stocking Stuffer"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1188 is "STOCKING STUFFER". The play style is "coordinate with prize legend".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1188 shall be $3.00 per ticket.

1.2 Definitions in Instant Game No. 1188.

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: A1, A2, A3, A4, A5, A6, B1, B2, B3, B4, B5, B6, C1, C2, C3, C4, C5, C6, D1, D2, D3, D4, D5, D6, E1, E2, E3, E4, E5, E6, F1, F2, F3, F4, F5 and F6.

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. 1188 - 1.2D

F. Low-Tier Prize - A prize of $3.00, $5.00, $10.00, $15.00 or $20.00.

G. Mid-Tier Prize - A prize of $30.00, $40.00, $50.00, $60.00, $75.00, $100, $150 or $300.

H. High-Tier Prize - A prize of $3,000 or $35,000.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1188), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 1188-0000001-001.

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

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "STOCKING STUFFER" Instant Game No. 1188 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 "STOCKING STUFFER" Instant Game is determined once the latex on the ticket is scratched off to expose 48 (forty-eight) play symbols. The player scratches the "STOCKING GRID COORDINATES". The player then scratches ONLY the boxes on STOCKING GRID whose letters and numbers match the "STOCKING GRID COORDINATES". The player reveals 3 matching symbols to win according to prize legend. 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 48 (forty-eight) 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 48 (forty-eight) 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 48 (forty-eight) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 48 (forty-eight) 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 in a pack will not have identical play data, spot for spot.

B. A ticket may win up to four (4) times per the prize structure.

C. No duplicate STOCKING GRID COORDINATES play symbols on a ticket.

D. No grid will be used consecutively.

E. No four matching grid symbols will match a winning STOCKING GRID symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "STOCKING STUFFER" Instant Game prize of $3.00, $5.00, $10.00, $15.00, $20.00, $30.00, $40.00, $50.00, $60.00, $75.00, $100, $150 or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $30.00, $40.00, $50.00, $60.00, $75.00, $100, $150 or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "STOCKING STUFFER" Instant Game prize of $3,000 or $35,000, 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 "STOCKING STUFFER" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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 "STOCKING STUFFER" 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 "STOCKING STUFFER" 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.

3.0 Instant Ticket Ownership.

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 6,000,000 tickets in the Instant Game No. 1188. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1188 - 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. 1188 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. 1188, 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-200900957

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 6, 2009

Instant Game Number 1189 "Winter Winnings"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1189 is "WINTER WINNINGS". The play style is "key number match with win all".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1189 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 1189.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, SLEIGH SYMBOL, TREE SYMBOL, $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100, $500, $1,000 and $50,000.

Figure 1: GAME NO. 1189 - 1.2D

F. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.

G. Mid-Tier Prize - A prize of $50.00, $100 or $500.

H. High-Tier Prize - A prize of $1,000, $5,000 or $50,000.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1189), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 1189-0000001-001.

K. Pack - A pack of "WINTER WINNINGS" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "WINTER WINNINGS" Instant Game No. 1189 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 "WINTER WINNINGS" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols, the player wins PRIZE shown for that number. If a player reveals a "SLEIGH" play symbol, the player wins PRIZE shown for that symbol instantly. If a player reveals a "TREE" symbol, the player wins ALL 20 PRIZES instantly! 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 in a pack will not have identical play data, spot for spot.

B. The "SLEIGH" (auto win) play symbol will never appear more than once on a ticket.

C. No four or more matching non-winning prize symbols on a ticket.

D. No duplicate WINNING NUMBERS play symbols on a ticket.

E. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.

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

G. When the "TREE" (win all) play symbol appears, there will be no occurrence of any of YOUR NUMBERS play symbols matching any WINNING NUMBER play symbol.

H. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 5 and $5).

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

2.3 Procedure for Claiming Prizes.

A. To claim a "WINTER WINNINGS" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, $100 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 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 "WINTER WINNINGS" Instant Game prize of $1,000, $5,000 or $50,000, 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 "WINTER WINNINGS" 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.