In Addition

In Addition

Texas Department of Agriculture

Request for Information: Specialty Crop Research and Product Development Grant Program

Statement of Purpose. Pursuant to the Texas Agriculture Code, 12.002, and 12.007, the Texas Department of Agriculture (TDA) hereby requests proposals for projects designed to solely enhance the competitiveness of specialty crops.

Specialty Crop Block Grant Program (SCBGP) funds will be made available to Texas from the Federal 2009 fiscal year budget. Although the United States Department of Agriculture - Agricultural Marketing Service (USDA-AMS) has not officially released SCBGP funds to the states, TDA anticipates that $1.2 to $1.7 million will be available for Texas projects. Additional funds are anticipated for each of the fiscal years 2010 through 2012. Notice of funds and solicitation of proposals will be published each year in the Texas Register. Funding from the United States Department of Agriculture - Agricultural Marketing Service under the Specialty Crop Block Grant Program is authorized by the Food, Conservation, and Energy Act of 2008 (Farm Bill), which amended the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note) and authorized the USDA to provide grants to States for each of the fiscal years 2008 through 2012 to enhance the competitiveness of specialty crops.

Eligibility. Responses will be accepted from other agencies, universities, institutions, and producer, industry or community-based organizations involved with specialty crops.

Please note: Grant funds will not be awarded for projects that directly benefit or provide a profit to a single organization, institution or individual.

Funding Areas/Preferences. Specialty crops are defined as fruits and vegetables, dried fruit, tree nuts and nursery crops (including floriculture). Refer to Attachment 1 of this document for a list of common specialty crops. TDA encourages organizations to develop projects to solely enhance the competitiveness of specialty crops pertaining to the following issues affecting the specialty crop industry:

Food Safety - Possible projects include but are not limited to assisting entities in the specialty crop distribution chain in developing "Good Agricultural Practices", "Good Handling Practices", "Good Manufacturing Practices" or researching new methods to improve food safety.

Nutrition - Projects may focus on increasing child and adult nutrition knowledge and consumption of specialty crops.

Industry Development - Acceptable projects may include participation of industry representatives at meetings of international standard setting bodies in which the U.S. government participates or proposals aimed at improving efficiency and reducing costs of distribution systems.

Marketing- These projects may be geared at increasing the sales or consumption of specialty crops through advertising campaigns, in-store demonstrations, or promotional, educational and international literature.

Plant Health - Projects investing in specialty crop research, including organic research to focus on conservation and environmental outcomes; developing new and improved seed varieties and specialty crops; pest and disease control; and sustainability.

Funding Parameters.

Projects will be funded at varying levels depending on the nature of the project. All projects must demonstrate strong justification for the requested budget as well as the potential for providing significant demonstrable benefits to Texas specialty crops. Selected projects will be awarded funds for one funding cycle. Projects may re-submit in subsequent years for continued/additional funding.

TDA reserves the right to fund proposals partially or fully. Where more than one proposal on an eligible research topic is acceptable for funding, TDA may request cooperation between grantees or revision/adjustment to a proposal in order to avoid duplication and to realize the maximum benefit to the state.

TDA may choose to use a portion of the funds for projects conducted internal to the department such as some specialty crop marketing campaigns, promotions, surveys, or cost-share arrangements including but not limited to funding audits of Good Agricultural Practices or Fruit and Vegetable Month promotional activities.

Proposal Requirements. Each response must include the following information:

1. Personnel/Contact Information.

2. Proposal Title and Summary - Do Not Exceed 200 Words. Include the title and a brief summary of the project for which you are requesting funding.

3. Project Proposal - Do Not Exceed Four Pages. Include the following:

a. Project purpose. Clearly state the purpose of the project. Describe the specific issue, problem, interest, or need to be addressed. Explain why the project is important and timely. If applicable, indicate clearly how the new project complements previous work. Indicate if the project will be or has been submitted to or funded by another Federal or State grant program.

b. Potential impact. Discuss the number of people or operations affected, the intended beneficiaries of each project, and/or potential economic impact if such data are available and relevant to the project.

c. Expected measurable outcomes. Describe at least one distinct, quantifiable, and measurable outcome-oriented objective that directly and meaningfully supports the project's purpose. The measurable outcome oriented objective must define an event or condition that is external to the project and that is of direct importance to the intended beneficiaries and/or the public. Outcome measures may be long term that exceed the grant period. (Examples: Increase sales by X%. Prepared X organizations for GAP certification. Reached X students through the Fruit and Vegetable Month promotional activities.)

d. Work plan. Explain briefly the activities that will be performed to accomplish the objectives of the project. Include appropriate time lines. For all projects, be clear about who will do the work, TDA or the applying organization.

e. Budget narrative. Provide in sufficient detail, information about the budget to demonstrate that grant funds are being expended on eligible grant activities that meet the purpose of the program. Indirect costs should not to exceed 10 percent.

Evaluation of Information. Information submitted to TDA will be evaluated on the following elements:

1. Importance to the intended beneficiaries;

2. Potential economic impact;

3. Clear and achievable goals, objectives and outcomes;

4. Overall value; and

5. Demonstrated support.

Award Information and Notification. TDA will select projects to be included in the State plan submitted to Agricultural Marketing Service, USDA for funding. Selected projects may be asked to provide more detailed information regarding the scope of work, measurable outcomes, implementation, or anticipated expenditures.

TDA reserves the right to accept or reject any or all proposals submitted. TDA is under no legal or other obligation to execute a grant on the basis of a response submitted to this RFP. TDA shall not pay for any costs incurred by any entity in responding to this RFP.

The public announcements and written notifications will be made to all applicants and their affiliated agencies, organizations, or institutions. Favorable decisions will indicate the amount of award, duration of the grant, and any special conditions associated with the project.

Budget Information. Specialty Crop projects are paid on a cost reimbursement basis.

1. Eligible Expenses. Generally, expenses that are necessary and reasonable for proper and efficient performance and administration of a project are eligible. Expenses must be properly documented with sufficient backup detail, including copies of invoices. Examples of eligible expenditures are:

a. Personnel costs - both salary and benefits;

b. Travel - domestic;

c. Travel - foreign. Foreign travel may be paid on a case-by-case basis. To be eligible for reimbursement, foreign travel shall be approved in advance by TDA;

d. Materials and direct operating expenses - equipment that costs less than $5,000 per unit, research and office supplies, postage, telecommunications, printing, etc.;

e. Equipment - nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost of $5,000 or more;

f. Other expenses - any expenses that do not fall into the above categories;

g. Contracts - agreements made with other universities or private parties to perform a portion of the award; and

h. Indirect expenses - TDA limits reimbursable indirect expenses to 10% of the grant award.

2. Ineligible Expenses. Expenses that are prohibited by state or federal law are ineligible. Examples of these expenditures are:

a. Alcoholic beverages;

b. Entertainment;

c. Contributions, charitable or political;

d. Expenses falling outside of the contract period;

e. Expenses for expenditures not listed in the project budget; and

f. Expenses that are not adequately documented.

General Compliance Information.

1. Prior to accepting the research grant and signing the grant agreement, researchers will be provided a copy of the TDA reporting requirements for their review. This document will explain billing procedures, quarterly and annual reporting requirements, procedures for requesting a change in the project scope or budget, and other miscellaneous items.

2. Any delegation by the Grantee to a subcontractor regarding any duties and responsibilities imposed by the grant award shall be approved in advance by TDA and shall not relieve the Grantee of its responsibilities to TDA for their performance.

3. All grant awards are subject to the availability of appropriations and authorizations by the Agricultural Marketing Service, USDA and TDA.

4. Any information or documentation submitted to TDA as part of the project grant proposal is subject to disclosure under the Texas Public Information Act.

5. While TDA attempts to observe the strictest confidence in handling the research proposals, it cannot guarantee complete confidentiality on any matters that lie beyond its control. The confidentiality of recipient's "proprietary data" so designated shall be strictly observed to the extent permitted by appropriate Texas laws, including the Texas Public Information Act. There shall be no restriction on the publication of research results except when taking into consideration effects of prior publication on possible subsequent patent and license to use copyrighted material.

6. Control of the ownership and disposition of all patentable products and inventories shall be agreed to by Grantee and TDA. A copy of the intellectual property policy should be made available to TDA upon request.

7. Awarded grant projects must remain in full compliance with state and federal laws and regulations. Noncompliance with such law may result in termination by TDA.

8. Grant recipients must keep a separate bookkeeping account with a complete record of all expenditures relating to the research project. Records shall be maintained for three years after the completion of the research project or as otherwise agreed upon with TDA. TDA and the Texas State Auditor's Office reserve the right to examine all books, documents, records, and accounts relating to the research project at any time throughout the duration of the agreement and for three years immediately following completion of the project. If there has been any litigation, claim, negotiation, audit or other action started prior to the expiration of the three-year period involving the records, then the records must be retained until the completion of the action and resolution of all issues which arise from it, or until the end of the regular three-year period, whichever is later. TDA and the Texas State Auditor's Office reserve the right to inspect the research locations and to obtain from the research team full information regarding all project activities.

9. If the Grantee has a financial audit performed in any year during which Grantee receives funds from TDA, and if TDA requests information about the audit, the Grantee shall provide such information to TDA or provide information as to where the audit report can be publicly viewed, including the audit transmittal letter, management letter, and any schedules in which the Grantee's funds are included.

10. Grant awards to Texas institutions shall comply in all respects with the Uniform Grant Management Standards (UGMS). A copy may be downloaded from the following website: www.governor.state.tx.us/divisions/stategrants/guidelines/files/UGMS012001.doc

Deadline for Submission of Responses. Responses to this request should be submitted to Ms. Mindy Weth Fryer, Grants Specialist, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. The street address is 1700 North Congress, 11th Floor, Austin, Texas 78701. Fax: (888) 223-9048, e-mail: grants@TexasAgriculture.gov.

Submissions must be received no later than 5:00 p.m. on June 22, 2009.

TDA will send an acknowledgement receipt by email indicating the response was received.

Assistance and Questions.

For questions regarding project topics or cooperative projects with TDA, please contact Mr. Richard De Los Santos, Coordinator for Horticultural, Produce and Forestry, at (512) 463-7472 or by email at: Richard.DeLosSantos@TexasAgriculture.gov.

For questions regarding submission of the proposal and TDA documentation requirements, please contact Ms. Mindy Weth Fryer, Grants Specialist, at (512) 463-6908 or by email at grants@TexasAgriculture.gov.

ATTACHMENT 1

Definition of Specialty Crops. Specialty crops are defined by law as "fruits and vegetables, tree nuts, dried fruits and horticulture and nursery crops, including floriculture." The tables below list plants commonly considered fruits and tree nuts, vegetables, culinary herbs and spices, medicinal plants, and nursery, floriculture, and horticulture crops. Ineligible commodities are also listed.

This list is not intended to be all inclusive, but rather intended to give examples of the most common specialty crops. It will be updated as USDA gets new questions. Please refer to the USDA-AMS Web site to get the most current list (www.ams.usda.gov).

List of Plants Commonly Considered Fruits and Tree Nuts.

Almond, Apple, Apricot, Avocado, Banana, Blackberry, Blueberry, Breadfruit, Cacao, Cashew, Citrus, Cherimoya, Cherry, Chestnut (for nuts), Coconut, Coffee, Cranberry, Currant, Date, Feijou, Fig, Filbert (hazelnut), Gooseberry, Grape (including raisin), Guava, Kiwi, Litchi, Macadamia, Mango, Nectarine, Olive, Papaya, Passion fruit, Peach, Pear, Pecan, Persimmon, Pineapple, Pistachio, Plum (including prune), Pomegranate, Quince, Raspberry, Strawberry, Suriname cherry, Walnut

List of Plants Commonly Considered Vegetables.

Artichoke, Asparagus, Bean (Snap or green), Lima (Dry, edible), Beet table, Broccoli (including broccoli raab), Brussels sprouts, Cabbage (including Chinese), Carrot, Cauliflower, Celeriac, Celery, Chive, Collards (including kale), Cucumber, Eggplant, Endive, Garlic, Horseradish, Kohlrabi, Leek, Lettuce, Melon (all types), Mushroom (cultivated), Mustard and other greens, Okra, Pea, (Garden, English or edible pod), Onion, Opuntia, Parsley, Parsnip, Pepper, Potato, Pumpkin, Radish (all types), Rhubarb, Rutabaga, Salsify, Spinach, Squash (summer and winter), Sweet corn, Sweet potato, Swiss chard, Taro, Tomato (including tomatillo), Turnip, Watermelon

List of Commonly Considered Nursery, Floriculture, and Horticulture Crops.

Christmas Trees, Cut Flowers, Honey, Maple Syrup, Hops, Turfgrass Sod, Tea Leaves

List of Plants Commonly Considered Culinary Herbs and Spices.

Ajwain, Allspice, Angelica, Anise, Annatto, Artemisia (all types), Asafetida, Basil (all types), Bay (cultivated), Bladder wrack, Bolivian coriander, Borage, Calendula, Chamomile, Candle nut, Caper, Caraway, Cardamom, Cassia, Catnip, Chervil, Chicory, Cicely, Cilantro, Cinnamon, Clary, Cloves, Comfrey, Common rue, Coriander, Cress, Cumin, Curry, Dill, Fennel, Fenugreek, Filé (gumbo, cultivated), Fingerroot, French sorrel, Galangal, Ginger, Hops, Horehound, Hyssop, Lavender, Lemon balm, Lemon thyme, Lovage, Mace, Mahlab, Malabathrum, Marjoram, Mint (all types), Nutmeg, Oregano, Orris root, Paprika, Parsley, Pepper, Rocket (arugula), Rosemary, Rue, Saffron, Sage (all types), Savory (all types), Tarragon, Thyme, Turmeric, Vanilla, Wasabi, Water cress

List of Plants Commonly Considered Medicinal Herbs.

Artemisia, Arum, Astragalus, Boldo, Cananga, Comfrey, Coneflower, Ephedra, Fenugreek, Feverfew, Foxglove, Ginkgo biloba, Ginseng, Goat's rue, Goldenseal, Gypsywort, Horehound, Horsetail, Lavender, Yerba buena Liquorice, Marshmallow, Mullein, Passion flower, Patchouli, Pennyroyal, Pokeweed, St. John's wort, Senna, Skullcap, Sonchus, Sorrel, Stevia, Tansy, Urtica, Witch hazel, Wood betony, Wormwood, Yarrow

List of Ineligible Commodities.

Alfalfa, Barley, Borage, Canola Oil, Cotton, Cottonseed oil, Dairy products, Eggs,

Field corn, Fish (marine or freshwater), Flaxseed, Hay, Livestock products, Millet, Mustard seed oil, Oats, Peanut oil, Peanuts, Primrose, Rapeseed oil, Range grasses, Rice, Rye, Safflower oil, Shellfish (marine or freshwater), Sorghum, Soybean oil, Soybeans, Sugar beets, Sugarcane, Sunflower oil, Tobacco, Tofu, Wheat, Wild Rice.

TRD-200901714

Dolores Alvarado Hibbs

General Counsel

Texas Department of Agriculture

Filed: May 6, 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 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of April 24, 2009, through April 30, 2009. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for this activity extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on May 6, 2009. The public comment period for this project will close at 5:00 p.m. on June 5, 2009.

FEDERAL AGENCY ACTIONS:

Applicant: Brenda and Wayne Ganter; Location: The project is located on wetlands adjacent to the Gulf of Mexico, at 2444A Canal Drive, in Sargent, Matagorda County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Cedar Lakes West, Texas. Approximate UTM Coordinates in NAD 83 (meters): Zone 15; Easting: 248093; Northing: 3187225. Project Description: The applicant proposes to fill 0.10 acre of wetlands to level land for a private residence. The applicant also proposes to construct approximately 100 feet of bulkhead to separate the filled wetlands from the undisturbed wetlands. The applicant has stated that the project area contains wetlands that prevent the construction of a new private residence to suit the applicant's needs. As such, the proposed plan places the house in such a location as to conserve 0.09 acre of wetlands. A conservation easement will be required by the U.S. Army Corps of Engineers to ensure that the 0.09 acre of wetlands will not be developed in the future. CCC Project No.: 09-0151-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-01318 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.

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

TRD-200901687

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: May 4, 2009

Comptroller of Public Accounts

Notice of Request for Proposals

Pursuant to Chapters 403; 2155; 2156, §2156.121; and Chapter 2305, §2305.036, Texas Government Code, the Comptroller of Public Accounts (Comptroller), State Energy Conservation Office (SECO) announces its Request for Proposals (RFP #191b) and invites proposals from qualified, interested firms and institutions to partner with the Housing Partnership Program (Program) and Comptroller to provide training, technical, and educational outreach materials and support to public entities and low-to-moderate income residents regarding available energy efficiency programs and incentives, provide updates, and report to SECO. The Comptroller reserves the right to award more than one contract under the RFP. If a contract award is made under the terms of this RFP, Contractor will be expected to begin performance of the contract on or about July 1, 2009, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, in the Issuing Office at: 111 E. 17th St., Room 201, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on Friday, May 15, 2009, after 10:00 a.m. Central Zone Time (CZT) and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Electronic State Business Daily (ESBD) at: http://esbd.cpa.state.tx.us after 10:00 a.m. CZT on Friday, May 15, 2009.

Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and Non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. CZT on Friday, May 22, 2009. Prospective proposers are encouraged to fax Non-mandatory Letters of Intent and Questions to (512) 463-3669 to ensure timely receipt. Non-mandatory Letters of Intent must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. On or about Friday, May 29, 2009, the Comptroller expects to post responses to questions on the ESBD. Late Non-mandatory Letters of Intent and Questions will not be considered under any circumstances. Respondents shall be solely responsible for verifying timely receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.

Closing Date: Proposals must be delivered in the Issuing Office to the attention of the Assistant General Counsel, Contracts, no later than 2:00 p.m. CZT, on Friday, June 5, 2009. Late Proposals will not be considered under any circumstances. Respondents shall be solely responsible for verifying time receipt of Proposals in the Issuing Office.

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Comptroller will make the final decision. The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller is not obligated to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller shall not pay for any costs incurred by any entity in responding to this Notice or to the RFP.

The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - May 15, 2009, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - May 22, 2009, 2:00 p.m. CZT; Official Responses to Questions posted - May 29, 2009; Proposals Due - June 5, 2009, 2:00 p.m. CZT; Contract Execution - July 1, 2009, or as soon thereafter as practical; Commencement of Services - July 1, 2009.

TRD-200901707

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: May 6, 2009

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 05/11/09 - 05/17/09 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 05/11/09 - 05/17/09 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.005³ for the period of 05/01/09 - 05/31/09 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.

The monthly ceiling as prescribed by §303.005 for the period of 05/01/09 - 05/31/09 is 18% for Commercial over $250,000.

¹Credit for personal, family or household use.

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

³For variable rate commercial transactions only.

TRD-200901703

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: May 5, 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 June 15, 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 June 15, 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: Brazos Valley Septic & Water, Inc.; DOCKET NUMBER: 2009-0165-PWS-E; IDENTIFIER: RN102694106; LOCATION: Burleson County; TYPE OF FACILITY: public water supply (PWS); RULE VIOLATED: 30 Texas Administrative Code (TAC) §290.113(f)(4) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to comply with the maximum contaminant level (MCL) for total trihalomethanes (TTHM); PENALTY: $735; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3100; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(2) COMPANY: Chevron Phillips Chemical Company LP; DOCKET NUMBER: 2008-1927-AIR-E; IDENTIFIER: RN103919817; LOCATION: Baytown, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 37063, Special Condition (SC) Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to report Incident Number 111058 within 24 hours after discovery; 30 TAC §§111.111(a)(4)(A), 115.722(c), and 116.115(c), Air Permit Number 1504A and PSD-TX-748, SC Number 1, 40 Code of Federal Regulations (CFR) §60.18(c)(1), and THSC, §382.085(b), by failing to prevent unauthorized emissions during Incident Number 109537; and 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to report Incident Number 109537 within 24 hours after discovery; PENALTY: $23,624; Supplemental Environmental Project (SEP) offset amount of $9,450 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Rebecca Johnson, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) COMPANY: CLW, Inc.; DOCKET NUMBER: 2009-0239-AIR-E; IDENTIFIER: RN101900579; LOCATION: Cleveland, San Jacinto County; TYPE OF FACILITY: sawmill; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by failing to obtain a permit or meet the conditions of a permit by rule; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(4) COMPANY: Combined Consumers Special Utility District; DOCKET NUMBER: 2009-0334-PWS-E; IDENTIFIER: RN101440568; LOCATION: Quinlan, Hunt County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.113(f)(5) and THSC, §341.0315(c), by failing to comply with the MCL for haloacetic acids; PENALTY: $695; ENFORCEMENT COORDINATOR: Amanda Henry, (713) 767-3500; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: DCP Midstream, LP; DOCKET NUMBER: 2009-0201-AIR-E; IDENTIFIER: RN100222330; LOCATION: Goldsmith, Ector County; TYPE OF FACILITY: natural gas processing plant; RULE VIOLATED: 30 TAC §116.115(b)(2) and (c) and §116.615(2), Air Permit Numbers 676A, SC Number 1, Standard Permit Number 73563, Maximum Allowable Emissions Rate Table (MAERT), and THSC, §382.085(b), by failing to prevent the unauthorized release of air contaminants into the atmosphere; PENALTY: $10,000; SEP offset amount of $5,000 applied to Keep Odessa Beautiful, Inc.; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 3300 North A Street, Building 4-107, Midland, Texas 79705-5406, (432) 570-1359.

(6) COMPANY: DRS Rock Materials, LLC; DOCKET NUMBER: 2008-1938-AIR-E; IDENTIFIER: RN105096416; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: rock crusher; RULE VIOLATED: 30 TAC §106.142(3) and THSC, §382.085(b), by failing to have water sprays located at all inlet/outlet points of rock crushers; and 30 TAC §106.512(1) and THSC, §382.085(b), by failing to obtain permits for two reciprocating engines rated greater than 240 horsepower; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Audra Benoit, (409) 898-3838; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(7) COMPANY: Enertech Industries, Inc.; DOCKET NUMBER: 2009-0173-AIR-E; IDENTIFIER: RN104177423; LOCATION: Odessa, Ector County; TYPE OF FACILITY: oil field equipment painting yard; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(a) and (b), by failing to prevent nuisance conditions; PENALTY: $1,070; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 3300 North A Street, Building 4-107, Midland, Texas 79705-5406, (432) 570-1359.

(8) COMPANY: GJN L.L.C. dba Sunmart 141; DOCKET NUMBER: 2009-0136-PST-E; IDENTIFIER: RN101954907; 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; and 30 TAC §115.246(3), (4), and (6), and THSC, §382.085(b), by failing to maintain Stage II records at the station; PENALTY: $8,601; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(9) COMPANY: Harris County Municipal Utility District Number 167; DOCKET NUMBER: 2009-0305-MWD-E; IDENTIFIER: RN103138335; LOCATION: Harris County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0012834001, Interim II Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limits for total suspended solids, ammonia nitrogen (NH₃ N), and flow; PENALTY: $1,870; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(10) COMPANY: City of La Joya; DOCKET NUMBER: 2009-0030-PWS-E; IDENTIFIER: RN101276863; LOCATION: La Joya, Hidalgo County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.45(a)(6), TCEQ Agreed Order Docket Number 2006-1986-PWS-E, Ordering Provision Number 2.a.i., and THSC, §341.0315(c), by failing to provide treatment facility capacity that is not less than the anticipated maximum daily demand of the water system; 30 TAC §290.45(b)(2)(A), TCEQ Agreed Order Docket Number 2006-1986-PWS-E, Ordering Provision Number 2.a.iii., and THSC, §341.0315(c), by failing to provide a raw water pump capacity of 0.6 gallons per minute per connection with the largest pump out of service; 30 TAC §290.46(m), by failing to initiate maintenance housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.42(f)(1)(E)(ii)(I), by failing to provide containment facilities for a single container or for multiple interconnected containers large enough to hold the maximum amount of chemical that can be stored with a minimum freeboard of six vertical inches or to hold 110% of the total volume of the container(s), whichever is less; and 30 TAC §290.46(j), by failing to maintain customer service inspection certificates prior to providing continuous water service to new construction; PENALTY: $2,511; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(11) COMPANY: Ledezma Ready-Mix, LLC; DOCKET NUMBER: 2009-0295-WQ-E; IDENTIFIER: RN103949699; LOCATION: Brady, McCullough County; TYPE OF FACILITY: ready mix concrete; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to obtain authorization to discharge process wastewater and/or storm water associated with industrial activities; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(12) COMPANY: Lide Industries, LLC; DOCKET NUMBER: 2008-1919-AIR-E; IDENTIFIER: RN101698439; LOCATION: Mexia, Freestone County; TYPE OF FACILITY: tank manufacturing plant; RULE VIOLATED: 30 TAC §106.433(6)(A), New Source Review (NSR) Permit by Rule Registration Number 27190, and THSC, §382.085(b), by failing to comply with Permit by Rule emissions limits; and 30 TAC §106.452(2)(A), NSR Permit by Rule Registration Number 27379, and THSC, §382.085(b), by failing to comply with Permit by Rule material usage limitations; PENALTY: $30,100; SEP offset amount of $15,050 applied to Texas Parent Teacher Association - Clean School Bus Program; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(13) COMPANY: Lucite International, Inc.; DOCKET NUMBER: 2009-0171-AIR-E; IDENTIFIER: RN102736089; LOCATION: Nederland, Jefferson County; TYPE OF FACILITY: industrial organic chemical plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), Federal Operating Permit (FOP) Number 1960, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 2F, Air Permit Number 1743, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(a)(2)(F) and §122.143(4), FOP Number 1960, GTC and STC Number 2F, and THSC, §382.085(b), by failing to identify the compound descriptive type of the individually listed compounds or mixtures of all air contaminants released during Incident Number 110434 which exceeded the reportable quantity; PENALTY: $5,357; SEP offset amount of $2,143 applied to Jefferson County: Retrofit/Replacement of Heavy Equipment and Vehicles with Alternative Fueled Equipment and Vehicles; ENFORCEMENT COORDINATOR: Raymond Marlow, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(14) COMPANY: City of Marshall and Allied Waste Systems, Inc.; DOCKET NUMBER: 2008-1511-MSW-E; IDENTIFIER: RN102994753; LOCATION: Marshall, Harrison County; TYPE OF FACILITY: citizen's convenience station; RULE VIOLATED: 30 TAC §328.60(a), by failing to obtain a scrap tire storage site registration; 30 TAC §330.15 and §330.225(b) and the Code, §26.121, by failing to prevent the discharge of municipal solid waste (MSW) into or adjacent to waters of the state and to prohibit the unloading and depositing of MSW in an unauthorized area of a MSW facility; 30 TAC §330.233(a)(2), by failing to properly control windblown material and litter; and 30 TAC §330.245(k), by failing to take appropriate measures to control ponded water; PENALTY: $7,275; SEP offset amount of $2,910 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Clinton Sims, (512) 239-6933; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(15) COMPANY: Oak Manor Municipal Utility District; DOCKET NUMBER: 2009-0189-MWD-E; IDENTIFIER: RN102080736; LOCATION: Brazoria County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010700001, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, and the Code, §26.121(a)(1), by failing to comply with permitted effluent limits for NH_3/ N and total chlorine; PENALTY: $2,740; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(16) COMPANY: RACETRAC PETROLEUM, INC. dba Racetrac 573; DOCKET NUMBER: 2009-0280-PST-E; IDENTIFIER: RN102219730; 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; and 30 TAC §290.51(a)(3) and the Code, §5.702, by failing to pay outstanding water system fees and associated late fees; PENALTY: $4,846; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(17) COMPANY: RJR RESTAURANTS OF DENTON LIMITED PARTNERSHIP dba Rudy's Bar-B-Que and Country Store; DOCKET NUMBER: 2009-0323-PST-E; IDENTIFIER: RN104314729; LOCATION: Denton, Denton County; TYPE OF FACILITY: restaurant 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 vapor recovery system; PENALTY: $2,403; ENFORCEMENT COORDINATOR: Mike Pace, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(18) COMPANY: Rockfield Investments, LLC; DOCKET NUMBER: 2009-0174-EAQ-E; IDENTIFIER: RN105618391; LOCATION: New Braunfels, Comal County; TYPE OF FACILITY: recreational vehicle park construction site; RULE VIOLATED: 30 TAC §213.4(a), by failing to obtain approval of a water pollution abatement plan; PENALTY: $5,625; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(19) COMPANY: Safety-Kleen Systems, Inc.; DOCKET NUMBER: 2009-0074-IHW-E; IDENTIFIER: RN100703578; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: hazardous waste transportation, storage, and disposal; RULE VIOLATED: 30 TAC §335.2(b), 40 CFR §264.15(c), and Permit Number HW-50246-001, Section I.B and III.D., by failing to repair cracks and gaps in secondary containment; and 30 TAC §335.2(b), 40 CFR §265.15(a), and Permit Number HW-50246-001, Section I.B. and III.D., by failing to conduct adequate daily inspections of the solvent waste tank; PENALTY: $1,750; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(20) COMPANY: City of Sanger; DOCKET NUMBER: 2009-0183-MWD-E; IDENTIFIER: RN103014155; LOCATION: Denton County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0014372001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permitted effluent limitations for NH₃N; PENALTY: $5,700; SEP offset amount of $5,700 applied to RC&D - Clean School Buses; ENFORCEMENT COORDINATOR: Jennifer Graves, (956) 425-6010; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(21) COMPANY: SELAWI UNLIMITED, INC. dba Sammy Food Store; DOCKET NUMBER: 2009-0077-PST-E; IDENTIFIER: RN101633048; LOCATION: Arlington, Tarrant 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 renew a previously issued underground storage tank (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; 30 TAC §334.49(c)(2)(C) and the Code, §26.3475(d), by failing to inspect the impressed current cathodic protection system; and 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor the USTs for releases; PENALTY: $10,915; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(22) COMPANY: Southwest Convenience Stores, LLC; DOCKET NUMBER: 2009-0397-PST-E; IDENTIFIER: RN105691042; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §115.221 and §115.222 and THSC, §382.085(b), by failing to control displaced vapors by a vapor control or a vapor balance system during the transfer of gasoline from a tank-truck tank into the USTs; PENALTY: $750; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(23) COMPANY: TOTAL PETROCHEMICALS USA, INC.; DOCKET NUMBER: 2009-0013-AIR-E; IDENTIFIER: RN100212109; LOCATION: La Porte, Harris County; TYPE OF FACILITY: petrochemical manufacturing plant; RULE VIOLATED: 30 TAC §116.615(2), Standard Permit Number 78962, MAERT, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $20,000; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(24) COMPANY: Trent Water Works, Inc.; DOCKET NUMBER: 2009-0260-PWS-E; IDENTIFIER: RN101202752; LOCATION: Freeport, Brazoria County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.113(f)(4), TCEQ Agreed Order Docket Number 2005-1910-PWS-E, Ordering Provision Number 2.a., and THSC, §341.0315(c), by failing to comply with the MCL for TTHM; PENALTY: $1,275; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(25) COMPANY: United States Department of the Army; DOCKET NUMBER: 2008-1853-WQ-E; IDENTIFIER: RN102947124; LOCATION: Fort Hood, Coryell County; TYPE OF FACILITY: wastewater collection system; RULE VIOLATED: the Code, §26.121(a)(1), by failing to prevent the unauthorized discharge of sewage; PENALTY: $855; ENFORCEMENT COORDINATOR: Evette Alvarado, (512) 239-2573; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

TRD-200901693

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 5, 2009

Enforcement Orders

An agreed order was entered regarding Teofilo R. Gonzalez dba Mini Super Las Palmas, Docket No. 2004-0342-PST-E on April 27, 2009 assessing $46,725 in administrative penalties with $43,125 deferred.

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

A default order was entered regarding Walker Wood Preserving, Inc., Docket No. 2005-0349-MLM-E on April 27, 2009 assessing $101,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Barham Richard, 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 ASAP Enterprises, Inc. dba VIP Cleaners 5 and dba IP Cleaners, Docket No. 2006-1285-DCL-E on April 27, 2009 assessing $2,370 in administrative penalties.

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

An agreed order was entered regarding Fatima Family Village, Inc. dba Fatima Village Mobile Home Park, Docket No. 2006-1777-PWS-E on April 27, 2009 assessing $417 in administrative penalties.

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

An agreed order was entered regarding AP Livingston Limited Partnership dba Texaco Food Mart, Docket No. 2006-1894-PST-E on April 27, 2009 assessing $3,675 in administrative penalties.

A default order was entered regarding Mike Lucio dba Mike Lucio's Auto Service, Docket No. 2007-1243-PST-E on April 27, 2009 assessing $17,000 in administrative penalties.

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

An agreed order was entered regarding City of Kirbyville, Docket No. 2007-1599-MLM-E on April 27, 2009 assessing $29,470 in administrative penalties.

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 Richard Ayala dba All State Auto & Truck Parts Corpus Christi, Docket No. 2007-1656-WQ-E on April 27, 2009 assessing $1,050 in administrative penalties.

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

An agreed order was entered regarding JKD Builder, LLC, Docket No. 2007-1672-WQ-E on April 27, 2009 assessing $3,600 in administrative penalties.

A default order was entered regarding Joe Macias, Docket No. 2007-1686-PST-E on April 27, 2009 assessing $7,875 in administrative penalties.

An agreed order was entered regarding Shane Walls, Docket No. 2007-1743-LII-E on April 27, 2009 assessing $400 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.

An agreed order was entered regarding Maria A. Beltran dba 1017 Cafe, Docket No. 2007-1803-PWS-E on April 27, 2009 assessing $2,500 in administrative penalties.

A default order was entered regarding JE Jalaram, Inc. dba JC's Food Mart, Docket No. 2007-1939-PST-E on April 27, 2009 assessing $16,320 in administrative penalties.

An agreed order was entered regarding M-Co Auto Supply, Inc. dba M-Co Auto Parts, Docket No. 2008-0072-PST-E on April 27, 2009 assessing $6,096 in administrative penalties.

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

A default order was entered regarding Duran Properties, Inc., Docket No. 2008-0120-PST-E on April 27, 2009 assessing $23,625 in administrative penalties.

A default order was entered regarding Tynan Water Supply Corporation, Docket No. 2008-0540-MWD-E on April 27, 2009 assessing $26,750 in administrative penalties.

An agreed order was entered regarding Lauro Gonzalez dba Lauro's Welding and Sandblasting, Docket No. 2008-0895-AIR-E on April 27, 2009 assessing $4,000 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.

A default order was entered regarding Jarrod L. Meyer dba Jarrod's Lawn and Landscaping, Docket No. 2008-1155-LII-E on April 27, 2009 assessing $300 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tommy Tucker Henson, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Guss Lines dba Lines Cactus Grove Mobile Home Park, Docket No. 2008-1164-PWS-E on April 27, 2009 assessing $1,191 in administrative penalties.

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

A default order was entered regarding Leonard Garcia, Leonard, Docket No. 2008-1211-PST-E on April 27, 2009 assessing $16,800 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Phillip Goodwin, Staff Attorney at (512) 239-0675, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Kazi Begum dba Quick Stop, Docket No. 2008-1256-PST-E on April 27, 2009 assessing $6,390 in administrative penalties.

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

An agreed order was entered regarding The Lubrizol Corporation, Docket No. 2008-1282-AIR-E on April 27, 2009 assessing $20,410 in administrative penalties.

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

An agreed order was entered regarding City of Rochester, Docket No. 2008-1295-MWD-E on April 27, 2009 assessing $7,490 in administrative penalties with $1,498 deferred.

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

An agreed order was entered regarding Targa Midstream Services Limited Partnership, Docket No. 2008-1299-AIR-E on April 27, 2009 assessing $21,602 in administrative penalties.

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

An agreed order was entered regarding J.R. Garman, Jr. dba Garman & Sons Dairy, Docket No. 2008-1312-AGR-E on April 27, 2009 assessing $5,340 in administrative penalties with $1,068 deferred.

An agreed order was entered regarding CLS Excavation, Inc., Docket No. 2008-1397-EAQ-E on April 27, 2009 assessing $1,875 in administrative penalties with $375 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 C & R Distributing, Inc., Docket No. 2008-1417-AIR-E on April 27, 2009 assessing $1,000 in administrative penalties with $200 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 Chireno Independent School District, Docket No. 2008-1451-MWD-E on April 27, 2009 assessing $5,114 in administrative penalties with $1,022 deferred.

An agreed order was entered regarding LEADING EDGE AVIATION SERVICES AMARILLO, INC., Docket No. 2008-1459-AIR-E on April 27, 2009 assessing $26,750 in administrative penalties with $5,350 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 Channel Energy Center, LP, Docket No. 2008-1476-AIR-E on April 27, 2009 assessing $2,017 in administrative penalties with $403 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 Cardinal Meadows Improvement District, Docket No. 2008-1485-MLM-E on April 27, 2009 assessing $1,804 in administrative penalties with $360 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 C. H. INVESTMENTS, INC., Docket No. 2008-1494-EAQ-E on April 27, 2009 assessing $4,500 in administrative penalties with $900 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 City of New Summerfield, Docket No. 2008-1558-PWS-E on April 27, 2009 assessing $2,492 in administrative penalties with $498 deferred.

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 Huntsman Petrochemical Corporation, Docket No. 2008-1586-AIR-E on April 27, 2009 assessing $117,715 in administrative penalties with $23,543 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 Mike Hweidi dba Hicks Country Store, Docket No. 2008-1607-PST-E on April 27, 2009 assessing $16,858 in administrative penalties with $3,371 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 Circleville Store & Grain, Inc., Docket No. 2008-1610-AIR-E on April 27, 2009 assessing $3,000 in administrative penalties with $600 deferred.

An agreed order was entered regarding S.A.A.A. ENTERPRISES, INC. dba West Airport Food Mart, Docket No. 2008-1656-PST-E on April 27, 2009 assessing $3,150 in administrative penalties with $630 deferred.

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

An agreed order was entered regarding SANM INC. dba Rick's Drive In, Docket No. 2008-1665-PST-E on April 27, 2009 assessing $17,600 in administrative penalties with $3,520 deferred.

An agreed order was entered regarding Thomas Rifai dba J & J Truck Stop, Docket No. 2008-1678-PST-E on April 27, 2009 assessing $9,518 in administrative penalties with $1,903 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 Foster Consolidated Investments, L.L.C. dba Walburg Water System, Docket No. 2008-1688-PWS-E on April 27, 2009 assessing $168 in administrative penalties with $33 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 Ed Bell Construction Company, Docket No. 2008-1691-WQ-E on April 27, 2009 assessing $5,000 in administrative penalties.

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 Bosque Utilities Corporation, Docket No. 2008-1696-MWD-E on April 27, 2009 assessing $6,600 in administrative penalties with $1,320 deferred.

An agreed order was entered regarding City of Madisonville, Docket No. 2008-1703-MWD-E on April 27, 2009 assessing $6,500 in administrative penalties with $1,300 deferred.

An agreed order was entered regarding JWR-HO, L.P., Docket No. 2008-1705-MWD-E on April 27, 2009 assessing $3,760 in administrative penalties with $752 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 City of Kennard, Docket No. 2008-1710-MWD-E on April 27, 2009 assessing $8,745 in administrative penalties.

An agreed order was entered regarding I.C.A. Properties, Inc. dba Airline Mobile Home Park, Docket No. 2008-1728-MLM-E on April 27, 2009 assessing $1,705 in administrative penalties with $341 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 KRAS INVESTMENTS, LLC dba Bastrop Texaco, Docket No. 2008-1736-PST-E on April 27, 2009 assessing $20,673 in administrative penalties with $4,134 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 CMCR CORPORATION dba ASPS Beer and Wine, Docket No. 2008-1737-PST-E on April 27, 2009 assessing $6,596 in administrative penalties with $1,319 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 City of Thornton, Docket No. 2008-1740-PWS-E on April 27, 2009 assessing $282 in administrative penalties with $56 deferred.

An agreed order was entered regarding QUICK TRACK INC dba Quick Track, Docket No. 2008-1744-PST-E on April 27, 2009 assessing $2,631 in administrative penalties with $526 deferred.

An agreed order was entered regarding MPII, INC. dba Mission Park Funeral Chapel, Docket No. 2008-1745-EAQ-E on April 27, 2009 assessing $750 in administrative penalties with $150 deferred.

An agreed order was entered regarding Concan Country Club, Inc., Docket No. 2008-1752-MLM-E on April 27, 2009 assessing $14,000 in administrative penalties with $2,800 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 Comcast of Houston, LLC, Docket No. 2008-1766-PWS-E on April 27, 2009 assessing $4,252 in administrative penalties.

An agreed order was entered regarding Chevron Phillips Chemical Company LP, Docket No. 2008-1771-AIR-E on April 27, 2009 assessing $6,400 in administrative penalties with $1,280 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 Lone Star Petroleum, LP dba Cook Shell, Docket No. 2008-1782-PST-E on April 27, 2009 assessing $6,096 in administrative penalties with $1,219 deferred.

Information concerning any aspect of this order may be obtained by contacting Brianna Carlson, Enforcement Coordinator at (956) 430-6021, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Trinity Pines Conference Center, Inc., Docket No. 2008-1788-MWD-E on April 27, 2009 assessing $26,425 in administrative penalties with $5,285 deferred.

An agreed order was entered regarding NuStar Terminals Partners TX L.P., Docket No. 2008-1799-AIR-E on April 27, 2009 assessing $4,394 in administrative penalties with $878 deferred.

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

An agreed order was entered regarding Beach Road Municipal Utility District, Docket No. 2008-1806-MWD-E on April 27, 2009 assessing $4,350 in administrative penalties with $870 deferred.

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

An agreed order was entered regarding City of Hawk Cove, Docket No. 2008-1821-MWD-E on April 27, 2009 assessing $2,500 in administrative penalties with $500 deferred.

An agreed order was entered regarding FRIENDSHIP ENTERPRISES, INC. dba In and Out Mini Mart, Docket No. 2008-1828-PST-E on April 27, 2009 assessing $2,684 in administrative penalties with $536 deferred.

An agreed order was entered regarding The Goodyear Tire & Rubber Company, Docket No. 2008-1859-AIR-E on April 27, 2009 assessing $5,150 in administrative penalties with $1,030 deferred.

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

An agreed order was entered regarding Amirali Ladhani and Fatima Ladhani dba Rick's Drive In, Docket No. 2008-1916-PST-E on April 27, 2009 assessing $9,760 in administrative penalties with $1,952 deferred.

An agreed order was entered regarding Houston County Ready-Mix Concrete Co. Inc., Docket No. 2008-1920-AIR-E on April 27, 2009 assessing $1,500 in administrative penalties with $300 deferred.

An agreed order was entered regarding MERCANTILE ENTERPRISES, INC. dba In & Out Mini Mart #2, Docket No. 2008-1931-PST-E on April 27, 2009 assessing $2,309 in administrative penalties with $461 deferred.

An agreed order was entered regarding John Ho Im dba Johns Market, Docket No. 2008-1932-PST-E on April 27, 2009 assessing $2,500 in administrative penalties with $500 deferred.

An agreed order was entered regarding TC AND E REALTY, INC. dba Fastime Convenience, Docket No. 2008-1933-PST-E on April 27, 2009 assessing $9,200 in administrative penalties with $1,840 deferred.

An agreed order was entered regarding SUNESARA INVESTMENT INC. dba Baytown Market 2, Docket No. 2008-1944-PST-E on April 27, 2009 assessing $6,146 in administrative penalties with $1,229 deferred.

An agreed order was entered regarding Belco Manufacturing Company, Inc., Docket No. 2008-1952-AIR-E on April 27, 2009 assessing $2,500 in administrative penalties with $500 deferred.

An agreed order was entered regarding Brumley Manufacturing, LLC, Docket No. 2009-0006-AIR-E on April 27, 2009 assessing $2,100 in administrative penalties with $420 deferred.

An agreed order was entered regarding Texas Petrochemicals LLC, Docket No. 2009-0022-AIR-E on April 27, 2009 assessing $0 in administrative penalties.

A citation was entered regarding Southland Contracting, Inc., Docket No. 2008-1690-WQ-E on April 27, 2009 assessing $700 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 citation was entered regarding Robert D. Myers, Docket No. 2008-1755-WOC-E on April 27, 2009 assessing $210 in administrative penalties.

A citation was entered regarding Doug Bowden, Docket No. 2008-1756-WOC-E on April 27, 2009 assessing $210 in administrative penalties.

A citation was entered regarding Steve Simpson & Associates, Inc., Docket No. 2008-1758-WR-E on April 27, 2009 assessing $350 in administrative penalties.

A citation was entered regarding Dale K. Farrow, Docket No. 2008-1759-WR-E on April 27, 2009 assessing $350 in administrative penalties.

A citation was entered regarding Armstrong Mechanical Co., Inc., Docket No. 2008-1847-PST-E on April 27, 2009 assessing $1,750 in administrative penalties.

A citation was entered regarding Grand Texas Homes, Inc., Docket No. 2008-1847-WQ-E on April 27, 2009 assessing $700 in administrative penalties.

An order was entered regarding Tanvir A. Malik d/b/a Malik Exxon, Docket No. 2005-1953-PST-E on April 27, 2009 assessing $17,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting John Shelton, Enforcement Coordinator at (512) 239-2563, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

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 order was entered regarding City of Thornton, Docket No. 2006-0571-MWD-E on April 27, 2009 assessing $48,480 in administrative penalties with $24,240 deferred.

Information concerning any aspect of this order may be obtained by contacting Lynley Doyen, Enforcement Coordinator at (512) 239-1364, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An order was entered regarding Peach Cream Dam and Lake Club, Docket No. 2006-1304-PWS-E on April 27, 2009 assessing $1,400 in administrative penalties.

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

An order was entered regarding Chester Hermes, Docket No. 2007-0452-MSW-E on April 27, 2009 assessing $2,000 in administrative penalties.

A default order was entered regarding Gloria Serenil, Docket No. 2007-1503-PST-E on April 27, 2009 assessing $16,800 in administrative penalties.

An order was entered regarding MPR Investments, LLC, dba Oakridge Square Mobil Home Park, Docket No. 2007-1935-PWS-E on April 27, 2009 assessing $13,420 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Yuilya Dunaway, Enforcement Coordinator at (210) 490-3096, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200901718

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 6, 2009

Notice of Availability of the Draft April 2009 Update to the Water Quality Management Plan

The Texas Commission on Environmental Quality (TCEQ or commission) announces the availability of the draft April 2009 Update to the Water Quality Management Plan for the State of Texas (draft WQMP update).

The Water Quality Management Plan (WQMP) is developed and promulgated in accordance with the requirements of federal Clean Water Act, §208. The draft WQMP update includes projected effluent limits of indicated domestic dischargers useful for water quality management planning in future permit actions. Once the commission certifies a WQMP update, the update is submitted to the United States Environmental Protection Agency (EPA) for approval. For some Texas Pollutant Discharge Elimination System (TPDES) permits, the EPA's approval of a corresponding WQMP update is a necessary precondition to TPDES permit issuance by the commission. The draft WQMP update may contain service area populations for listed wastewater treatment facilities, designated management agency information and total maximum daily load (TMDL) updates.

A copy of the draft April 2009 WQMP update may be found on the commission's Web site located at http://www.tceq.state.tx.us/nav/eq/eq_wqmp.html. A copy of the draft may also be viewed at the TCEQ Library, Building A, 12100 Park 35 Circle, Austin, Texas.

Written comments on the draft WQMP update may be submitted to Nancy Vignali, Texas Commission on Environmental Quality, Water Quality Division, MC 150, P.O. Box 13087, Austin, Texas 78711-3087. Comments may also be faxed to (512) 239-4420, but must be followed up with the submission and receipt of the written comments within three working days of when they were faxed. Written comments must be submitted no later than 5:00 p.m. on June 15, 2009. For further information or questions, please contact Ms. Vignali at (512) 239-1303 or by e-mail at nvignali@tceq.state.tx.us.

TRD-200901689

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: May 5, 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 June 15, 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 June 15, 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: 10104, Inc. dba Northstar Food Store; DOCKET NUMBER: 2006-1472-PST-E; TCEQ ID NUMBER: RN101908481; LOCATION: 10104 Tidwell Road, Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(a) and TWC, §26.3475(d), by failing to provide corrosion protection for the underground storage tank (UST) system; 30 TAC §334.50(a)(1)(A) and TWC, §26.3475(c)(1), by failing to have a release detection method capable of detecting a release from any portion of the UST system which contained regulated substances including the tanks, piping, and other ancillary equipment; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs involved in the retail sale of petroleum substances used as a motor fuel; 30 TAC §334.10(b), by failing to make available legible copies of all required UST records for inspection upon request by agency personnel; PENALTY: $7,650; 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.

(2) COMPANY: Alfonso Garza Jr., Trustee of the Alfonso Garza Testamentary Trust and and Emma G. Garza; DOCKET NUMBER: 2007-1276-MSW-E; TCEQ ID NUMBER: RN105237036; LOCATION: 1.8 miles North of the intersection of Iowa Road and 7 Mile Line Road, La Joya, Hildago County, Texas; TYPE OF FACILITY: property; RULES VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $1,000; STAFF ATTORNEY: Becky Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(3) COMPANY: Ali Shahjhan dba Brownies; DOCKET NUMBER: 2007-2035-PST-E; TCEQ ID NUMBER: RN101557205; LOCATION: 501 Bedford Road, Bedford, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued UST delivery certificate by timely and proper submission of a completed UST registration and self-certification form to the agency at least 30 days before the expiration date of the certificate; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; and 30 TAC §115.245(2) and Texas Health and Safety Code (THSC), §382.085(b), by failing to verify proper operations of the Stage II equipment at least once every 12 months or upon major system replacement or modification; PENALTY: $5,821; 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.

(4) COMPANY: Casey Layne Vickrey; DOCKET NUMBER: 2007-1137-LII-E; TCEQ ID NUMBER: RN105193163; LOCATION: 109 North Ranch Road 620, Lakeway, Travis County; TYPE OF FACILITY: landscape irrigation business; RULES VIOLATED: 30 TAC §30.5(b) and §344.4(a), TWC, §37.003, and Texas Occupations Code, §1903.251, by failing to hold an irrigator license or registration prior to advertising or representing to the public that he could perform services for which a license or registration is required; PENALTY: $262; STAFF ATTORNEY: Rudy Calderon, Litigation Division, MC 175, (512) 239-0205; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(5) COMPANY: City of Goodrich; DOCKET NUMBER: 2006-1325-MWD-E; TCEQ ID NUMBER: RN101917649; LOCATION: east side of Southern Pacific Railroad, approximately 1,200 feet southwest of the intersection of Farm-to-Market (FM) Road 393 and United States (US) Highway 59, City of Goodrich, Polk County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(5) and Texas Pollutant Discharge Elimination System (TPDES) Permit Number 12711001, Operational Requirements Number 1, by failing to ensure that the facility and all its systems of treatment and control are properly operated and maintained; 30 TAC §305.125(1), TWC, §26.121(a), and TPDES Permit Number 12711001, Effluent Limitations and Monitoring Requirements Numbers 1 and 6, by failing to comply with permitted effluent limitations of 4.0 milligrams per liter (mg/L) minimum dissolved oxygen (DO) and 0.065 million gallons per day (MGD) annual average flow for Outfall 001; 30 TAC §319.7(c) and TPDES Permit Number 12711001, Monitoring and Reporting Requirements Number 3, by failing to maintain all records and information resulting from the required monitoring activities; 30 TAC §319.7(c) and TPDES Permit Number 12711001, Monitoring and Reporting Requirements Number 1, by failing to include on the Discharge Monitoring Reports (DMRs) results for DO, Biochemical Oxygen demand (BOD), hydrogen (pH), and total suspended solids for monitoring periods ending June 30 - July 15, 2005, results for daily maximum flow for monitoring periods ending August 31, 2005 and March 31, 2006, results for annual average flow for monitoring periods ending November 30, 2005, and results for BOD maximum single grab for monitoring period ending January 31, 2006; 30 TAC §305.125(17) and TPDES Permit Number 12711001, Sludge Provisions, by failing to submit the annual sludge report for the monitoring period ending July 31, 2005; and 30 TAC §305.125(1) and TPDES Permit Number 12711001, Monitoring and Reporting Requirements Number 7(c), by failing to notify the TCEQ of effluent violations that deviated from the permitted limitations by more than 40%; PENALTY: $12,150; STAFF ATTORNEY: James Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(6) COMPANY: The Dow Chemical Company; DOCKET NUMBER: 2007-0923-AIR-E; TCEQ ID NUMBER: RN100225945; LOCATION: 2301 North Brazosport Boulevard, Freeport, Brazoria County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §116.715(a) and §101.20(3), New Source Review (NSR) Flexible Air Permit Number 20432/PSD-TX-994M1, Special Condition (SC) Number III-1, and THSC, §382.085(b), by failing to comply with permitted emissions limits, during an excessive emissions event from June 26 - August 13, 2005; 30 TAC §116.715(a) and §101.20(3), NSR Flexible Air Permit Number 20432/PSD-TX-994M1, SC Number III-1, and THSC, §382.085(b), by failing to comply with permitted emissions limits, during an excessive emissions event from February 10 - 11, 2006; 30 TAC §116.115(c), NSR Air Permit Number 6803, SC Number 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits, during a stack test on December 29, 2006; 30 TAC §116.115(c), NSR Air Permit Number 7531, SC Numbers 1 and 2, and THSC, §382.085(b), by failing to comply with permitted emissions limits, during an excessive emissions event on February 9, 2007; 30 TAC §116.715(a), §101.20(1) and (3), 40 Code of Federal Regulations (CFR) §60.18(c)(2) and (d), NSR Flexible Air Permit Number 20432/PSD-TX-994M1, SC General Requirement 4 and SC Condition Number III-1, and THSC, §382.085(b), by failing to comply with permitted emissions limits, during an emissions event on January 30, 2007; and 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by allowing unauthorized emissions, during an emissions event on March 8, 2007; PENALTY: $166,465; Supplemental Environmental Project offset amount of $83,232 applied to Houston-Galveston Area Emission Reduction Credit Organization Clean Cities/Clean Vehicles Program; 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.

(7) COMPANY: Fort Worth Excavating, Inc.; DOCKET NUMBER: 2007-0152-MSW-E; TCEQ ID NUMBER: RN100733138; LOCATION: 5265 Shelby Road, Fort Worth, Tarrant County; TYPE OF FACILITY: unauthorized municipal solid waste disposal site; RULES VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $15,900; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: Irma Maldonado-Rullan dba ACCI Forwarding, Inc.; DOCKET NUMBER: 2004-0189-IHW-E; TCEQ ID NUMBER: RN103711255; LOCATION: 109 Flecha Lane, Laredo, Webb County; TYPE OF FACILITY: freight forwarder; RULES VIOLATED: 30 TAC §335.62, by failing to make a hazardous waste determination on approximately 50 sacks of ammonium hydrogen fluoride, approximately 80 sacks of polyvinyl alcohol, approximately 60 sacks of sodium per carbonate, approximately 80 sacks of unknown material, approximately 250 sacks of various materials, 12 15-gallon containers of unknown material, four 55-gallon drums of solvent, and 64 55-gallon drums of unknown material; PENALTY: $18,000; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(9) COMPANY: Lancaster Mini Mart, Inc. dba Lancaster Mini Mart; DOCKET NUMBER: 2007-1300-PST-E; TCEQ ID NUMBER: RN102378999; LOCATION: 3950 East Lancaster Avenue, Fort Worth, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 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; PENALTY: $2,050; STAFF ATTORNEY: Rudy Calderon, Litigation Division, MC 175, (512) 239-0205; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: Lupe Mercado; DOCKET NUMBER: 2007-1653-PST-E; TCEQ ID NUMBER: RN101866036; LOCATION: State Highway 72, Nordheim, DeWitt County; TYPE OF FACILITY: former retail gasoline service station; RULES VIOLATED: 30 TAC §334.47(a)(2) and §334.54(b), 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: $7,875; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(11) COMPANY: Melvin Terral dba T-Mart Food and Martha Terral dba T-Mart Food; DOCKET NUMBER: 2006-1685-PST-E; TCEQ ID NUMBER: RN103051561; LOCATION: 612 Commerce, Robert Lee, Coke County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor USTs for releases at a frequency of at least once per month (not to exceed 35 days between each monitoring); 30 TAC §334.49(a) and TWC, §26.3475(d), by failing to provide proper corrosion protection for the UST system; 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 §334.22(a) and TWC, §5.702 by failing to pay outstanding UST fees for TCEQ Financial Account Number 0038551U for Fiscal Years 1994 - 2006; PENALTY: $8,000; STAFF ATTORNEY: Dinniah Chahin, Litigation Division, MC 175, (512) 239-0617; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(12) COMPANY: TETH Investment; DOCKET NUMBER: 2007-1783-PST-E; TCEQ ID NUMBER: RN101698785; LOCATION: 1454 North US Highway 77, La Grange, Fayette 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, three USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; 30 TAC §334.22(a) and TWC, §5.702, by failing to pay UST fees for Fiscal Years 1988 - 2007 and associated late fees for Financial Administration Account Number 0038072U; PENALTY: $2,625; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(13) COMPANY: Victor C. Lopez; DOCKET NUMBER: 2007-1223-MSW-E; TCEQ ID NUMBER: RN105225718; LOCATION: 6607 FM Road 1346, San Antonio, Bexar County; TYPE OF FACILITY: property; RULES VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste at an unauthorized disposal site; PENALTY: $2,000; STAFF ATTORNEY: Rudy Calderon, Litigation Division, MC 175, (512) 239-0205; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(14) COMPANY: WTG Jameson, L.P.; DOCKET NUMBER: 2008-0979-AIR-E; TCEQ ID NUMBER: RN101246478; LOCATION: 1000 Gas Plant Road, Silver, Coke County; TYPE OF FACILITY: natural gas processing plant; RULES VIOLATED: 30 TAC §122.143(4), THSC, §382.085(b), and Site Operating Permit (SOP) O-00865, SC Number 3, by failing to conduct quarterly observations for visible emissions from all stationary vents for emission units in operation; 30 TAC §122.143(4), THSC, §382.085(b), and SOP, SC Number 7, by failing to conduct weekly visible emissions observations and to keep appropriate records for the acid gas flare (Emission Point Number (EPN) 384); 30 TAC §116.115(c), THSC, §382.085(b), and Permit 9941, SC Number 5, by failing to calculate the mass rate of hydrogen sulfide (H₂S) in pounds per hour (lbs/hr) that is sent to the acid gas flare (EPN 384) at least daily to calculate the total annual quantity at the end of each calendar year in tons per year; 30 TAC §116.115(c), THSC, §382.085(b), and Permit 55477, SC Number 5, by failing to conduct initial stack sampling for carbon monoxide (CO) and nitrogen oxide (NO_x ) on two of the four engines (EPN Numbers E-31-1 - E-31-4) authorized under the permit, within 180 days of the issuance of the permit on November 6, 2003; 30 TAC §116.115(c), THSC, §382.085(b), and Permit 55477, SC Number 6, by failing to conduct evaluations of the engine performance of EPN Numbers E-31-1 - E-31-4 within 360 days after the issuance of the permit, and quarterly thereafter, by measuring the NO_x, CO, and oxygen content of the exhaust and using the results to calculate emissions of NO_x and CO in lbs/hr; 30 TAC §106.512(2)(C)(iii) and THSC, §382.085(b), by failing to conduct testing for NO_x and CO emissions from engine EPN Numbers E-1, E-44-1A, and E-44-iB at least biennially; 30 TAC §106.512(2)(C)(i) and (ii) and THSC, §382.085(b), by failing to change oxygen sensors quarterly, and to perform required emissions testing within seven days of oxygen sensor replacements for EPN Numbers E-1 - E-3, E-44-1A, E-44-1B, E-45-1B, 36-6 - 36-8; 30 TAC §122.147(a) and THSC, §382.085(b), by failing to install, calibrate, maintain and operate a monitoring system for engines that are subject to Compliance Assurance Monitoring (CAM) requirements; 30 TAC §122.221(a) and THSC, §382.085(b), by failing to submit a significant revision for SOP O865 to the TCEQ in a timely manner; and 30 TAC §122.145(2) and THSC, §382.085(b), by failing to report, in writing, to the TCEQ all instances of deviations documented in the investigation, in all deviation reports from July 20, 2005 - January 19, 2006 reporting period to the present; PENALTY: $57,705; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

TRD-200901698

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 5, 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 June 15, 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 June 15, 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: AMK Enterprises, LLC dba The Olde Tymer; DOCKET NUMBER: 2008-1783-PWS-E; TCEQ ID NUMBER: RN102404399; LOCATION: 28295 Interstate Highway 10 West, Boerne, Bexar County; TYPE OF FACILITY: convenience store with a public water supply; RULES VIOLATED: 30 TAC §290.109(c)(3)(A)(ii), by failing to collect all repeat bacteriological monitoring samples within 24 hours of being notified of a coliform-found result during the months of October 2007 and 2008; 30 TAC §290.109(c)(2)(F) and §290.122(c)(2)(B), by failing to collect at least five distribution coliform samples during the month following a total coliform positive sample result and by failing to provide public notice of the failure to collect the proper number of samples; 30 TAC §290.109(f)(3) and §290.122(b)(2)(B) and Texas Health and Safety Code (THSC), §341.031(a), by exceeding the maximum contaminant level (MCL) for total coliform in May - June and October 2008, and by failing to provide public notice of the MCL exceedance in June 2008; PENALTY: $4,867; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: Albert E. Ellis; DOCKET NUMBER: 2008-0056-LII-E; TCEQ ID NUMBER: RN103862447; LOCATION: 7507 Dawn Mist Court, Sugar Land, Fort Bend County; TYPE OF FACILITY: landscape and lawn maintenance business; RULES VIOLATED: 30 TAC §30.5(a) and §344.4(a), TWC, §37.003, Texas Occupations Code, §1903.251, and Default Findings Order Docket Number 2003-1553-LII-E, Ordering Provision Number 2.a., by failing to possess a valid irrigator license issued by the TCEQ prior to selling, designing, consulting, installing, maintaining, altering, repairing or servicing an irrigation system; PENALTY: $872; STAFF ATTORNEY: Peipey Tang, Litigation Division, MC 175, (512) 239-0654; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(3) COMPANY: Baudelio Hernandez dba Chelas Landscaping; DOCKET NUMBER: 2008-1722-MSW-E; TCEQ ID NUMBER: RN105390496; LOCATION: 3811 Katy Lane, Bellmead, McLennan County; TYPE OF FACILITY: unauthorized disposal site; RULES VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $2,625; STAFF ATTORNEY: Jennifer Cook, Litigation Division, MC 175, (512) 239-1873; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(4) COMPANY: James C. Dunn dba Fillmore Cleaners; DOCKET NUMBER: 2006-0992-DCL-E; TCEQ ID NUMBER: RN104029194; LOCATION: 619 North Fillmore Street, Amarillo, Potter County; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30 TAC §337.11(e) and THSC, §374.102, by failing to renew the facility's registration by completing and submitting the required registration form to the TCEQ for a dry cleaning and/or drop station facility; and 30 TAC §337.14(c) and TWC, §5.702, by failing to pay outstanding dry cleaner and late fees for TCEQ Financial Account Number 24001447 for Fiscal Year 2006; PENALTY: $3,185; STAFF ATTORNEY: Tommy Tucker Henson II, Litigation Division, MC 175, (512) 239-0946; REGIONAL OFFICE: Amarillo Regional Office, 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(5) COMPANY: Jay L. Hutchins; DOCKET NUMBER: 2008-1489-WOC-E; TCEQ ID NUMBER: RN104954961; LOCATION: approximately two miles east of the intersection of State Highway 36 and Farm-to-Market (FM) Road 1476, Comanche County; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §30.5(a) and §30.331(b) and TWC, §26.0301 and §37.003, by failing to obtain a wastewater treatment operator Class "C" license prior to performing activities as a wastewater treatment operator; PENALTY: $1,367; STAFF ATTORNEY: Tommy Tucker Henson II, Litigation Division, MC 175, (512) 239-0946; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(6) COMPANY: John R. Preston dba Refugio Exxon North; DOCKET NUMBER: 2007-0944-PST-E; TCEQ ID NUMBER: RN102483823; LOCATION: 601 North Alamo, Refugio, Refugio County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 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 underground storage tanks (USTs); 30 TAC §334.50(b)(2)(A)(i)(III) and TWC, §26.3475(c)(1), by failing to test the line leak detectors annually for performance and operational reliability; 30 TAC §334.7(d)(3), §334.8(c)(4)(A)(vii), (B), and (5)(B)(ii), by failing to provide an amended registration for any change or 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, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; 30 TAC §334.10(b), by failing to maintain UST records and immediately make them available for inspection upon request by agency personnel; 30 TAC §334.72, by failing to report a suspected release to the agency within 24 hours of discovery; and 30 TAC §334.74, by failing to investigate a suspected release within 30 days of discovery; PENALTY: $26,250; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(7) COMPANY: Juan Miguel Mata; DOCKET NUMBER: 2008-0111-MSW-E; TCEQ ID NUMBER: RN105370712; LOCATION: FM Road 186 south of Whispering Tree Apartments, Carrizo Springs, Dimmit County; TYPE OF FACILITY: unauthorized used and scrap tire disposal service; RULES VIOLATED: 30 TAC §328.57(c)(3), by failing to insure that used or scrap tires or tire pieces are transported to an authorized scrap tire facility; 30 TAC §328.60(a), by failing to obtain from the commission a scrap tire storage site registration for the facility prior to storing more than 500 used scrap tires on the ground; and 30 TAC §328.57(c)(1), by failing to register with the commission as a scrap tire transporter prior to transporting used or scrap tires; PENALTY: $7,500; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(8) COMPANY: M.L. Stringer; DOCKET NUMBER: 2008-0257-PST-E; TCEQ ID NUMBER: RN101548774; LOCATION: Interstate 45 at Exit 221, south of Angus, Navarro County; TYPE OF FACILITY: inactive USTs; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to perform the permanent removal of four USTs that had not met the upgrade requirements; PENALTY: $10,500; STAFF ATTORNEY: Benjamin O. 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.

(9) COMPANY: Pat Walker dba Walker Waterfront; DOCKET NUMBER: 2007-1241-PWS-E; TCEQ ID NUMBER: RN101277770; LOCATION: 907 Tripple Creek Loop, Livingston, Polk County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.46(r), by failing to maintain a minimum pressure of 35 pounds per square inch (psi) throughout the distribution system under normal operating conditions; 30 TAC §290.46(e)(4)(A) and THSC, §341.033(a), by failing to ensure that the public water supply operation is under the direct supervision of a water works operator who holds a minimum of a Class D license; 30 TAC §290.41(c)(1)(F), by failing to provide a sanitary control easement or an approved exception to the easement requirement that covers the land within 150 feet of the well; 30 TAC §290.46(1), by failing to flush all dead-end mains at monthly intervals; 30 TAC §290.46(n)(2), by failing to maintain an up-to-date map of the distribution system so that valves and mains may be easily located during emergencies; 30 TAC §290.42(j), by failing to use an approved chemical or media for the disinfection of potable water that conforms to the American National Standards/National Sanitation Foundation standards; 30 TAC §290.42(1), by failing to compile and maintain a facility operations manual for operator review and reference; 30 TAC §290.121(a) and (b), by failing to maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the public water system will use to comply with the monitoring requirements; 30 TAC §290.46(m)(1), by failing to conduct an annual inspection of the water system's pressure tank; 30 TAC §290.45(b)(1)(E)(i) and THSC, §341.0315(c), by failing to meet the minimum well capacity requirement of 1.0 gallons per minute per connection; 30 TAC §290.45(b)(1)(A)(ii) and THSC, §341.0315(c), by failing to provide a minimum pressure tank capacity of 50 gallons per connection; 30 TAC §290.46(f)(2) and (3)(B)(iii), by failing to provide disinfectant residual monitoring records to commission personnel at the time of the investigation; 30 TAC §290.46(m)(4), by failing to maintain all treatment units, storage and pressure maintenance facilities, distribution system lines and related appurtenances in watertight condition; 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 system's facilities and equipment at the facility; PENALTY: $3,196; STAFF ATTORNEY: Dinniah Chahin, Litigation Division, MC 175, (512) 239-0617; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(10) COMPANY: Suncoast Environmental & Construction, Inc.; DOCKET NUMBER: 2008-0871-WQ-E; TCEQ ID NUMBER: RN105172878; LOCATION: 23460 Old San Antonio Road, Leon County; TYPE OF FACILITY: construction site; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(c), by failing to obtain authorization to discharge storm water related to construction activities; PENALTY: $2,100; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(11) COMPANY: TCS #1 Management Company, L.L.C. dba Texas Country Store 1; DOCKET NUMBER: 2008-1327-PST-E; TCEQ ID NUMBER: RN102791191; LOCATION: 3701 North 16th Street, Orange, Orange County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.74(a)(2) and §334.77(a)(3) and (4), by failing to conduct initial abatement measures and site check of contaminated soil in the excavated zone resulting from a prior confirmed release; PENALTY: $7,650; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(12) COMPANY: Tillie Grimes dba Gold Mine Restaurant; DOCKET NUMBER: 2008-1252-MLM-E; TCEQ ID NUMBER: RN105552707; LOCATION: 21 Raisin Road, Victoria, Victoria County; TYPE OF FACILITY: restaurant with a public water system; RULES VIOLATED: 30 TAC §290.42(b)(1) and (e)(3), by failing to provide disinfection facilities for the groundwater supply to ensure that continuous and effective disinfection can be secured under all conditions for the purpose of microbiological control throughout the distribution system; 30 TAC §290.39(m), by failing to provide written notification to the commission immediately upon the startup of a new public water supply system; and 30 TAC §335.62 and §335.504 and 40 CFR §262.11, by failing to conduct a waste determination on the contents of the concrete holding tank located approximately 50 feet east of the Gold Mine Restaurant; PENALTY: $3,350; STAFF ATTORNEY: Stephanie J. Frazee, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(13) COMPANY: Warren Hughes and Hughes Development, Inc.; DOCKET NUMBER: 2008-1565-WQ-E; TCEQ ID NUMBER: RN105109011; LOCATION: southeast of the intersection of FM Road 439 and Westcliff Road, Killeen, Bell County; TYPE OF FACILITY: residential subdivision construction site; RULES VIOLATED: 30 TAC §281.25(a)(4), 40 CFR §122.26(c), Texas Pollutant Discharge Elimination System Construction General Permit Number TXR150000, Part II Section D1(b), by failing to obtain authorization to discharge storm water associated with construction activities; and 30 TAC §205.6 and TWC, §5.702, by failing to pay General Permits Storm Water fees for Fiscal Years 2007 and 2008 (TCEQ Financial Administration Account Number 20024375); PENALTY: $7,280; STAFF ATTORNEY: Rebecca Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

TRD-200901699

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 5, 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 June 15, 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 June 15, 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: Armando Cantu dba E-Z Mart 5; DOCKET NUMBER: 2008-1218-PST-E; TCEQ ID NUMBER: RN101687986; LOCATION: 1500 West Business Highway 83, Mission, Hidalgo County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor underground storage tanks (USTs) for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.50(d)(1)(B)(ii) and TWC, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records at least once each month, sufficiently accurate to detect a release as small as the sum of 1.0% of the total substance flow-through for the month, plus 130 gallons; 30 TAC §334.50(d)(1)(B)(iii)(I) and TWC, §26.3475(c)(1), by failing to record inventory volume measurement for regulated substance inputs, withdrawals, and the amount remaining in the tank each operating day; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for an UST involved in the retail sale of petroleum substances used as a motor fuel; PENALTY: $5,000; STAFF ATTORNEY: Peipey Tang, Litigation Division, MC 175, (512) 239-0654; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(2) COMPANY: Logics Enterprise, L.L.C. dba Goodrich Food Mart; DOCKET NUMBER: 2008-1544-PST-E; TCEQ ID NUMBER: RN101913606; LOCATION: 7183 United States Highway 59 North, Goodrich, Polk County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(4) and TWC, §26.3475(d), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection at a frequency of at least once every three years; 30 TAC §334.50(d)(1)(B)(ii) and TWC, §26.3475(c)(1), by failing to provide proper release detection by failing to conduct reconciliation of detailed inventory control records at least once each month, sufficiently accurate to detect a release as small as the sum of 1.0% of the total substance flow-through for the month plus 130 gallons; 30 TAC §334.10(b), by failing to maintain UST records and make them available for inspection upon request by agency personnel; 30 TAC §114.316(g), §115.226(1) and (2), and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain copies of records of product transfer documents for a minimum of two years and make such copies or records available to representatives of the commission; 30 TAC §334.7(d)(3) and §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to notify the agency of any change or additional information regarding USTs within 30 days from the date of occurrence of the change or addition and by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form within 30 days of installation of a new tank; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the UST; PENALTY: $35,696; STAFF ATTORNEY: Tommy Tucker Henson II, Litigation Division, MC 175, (512) 239-0946; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(3) COMPANY: R.D.S.A., Inc. dba Texas Food Store; DOCKET NUMBER: 2006-1098-PST-E; TCEQ ID NUMBER: RN101780922; LOCATION: 8700 South Braeswood Boulevard, Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A), (2), and (A)(i)(III) and TWC, §26.3475(a) and (c)(1), by failing to monitor USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring), and by failing to provide release detection for the piping associated with the USTs, and by failing to test the line leak detectors at least once per year for performance and operational reliability; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for USTs involved in the retail sale of petroleum substances used as a motor fuel; PENALTY: $5,100; 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.

TRD-200901697

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 5, 2009

Notice of Water Quality Applications

The following notices were issued during the period of April 28, 2009 through May 1, 2009.

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

INFORMATION SECTION

CITY OF BRYAN which operates Atkins Street Power Station, an electric power plant, has applied for a renewal of TPDES Permit No. WQ0001906000, which authorizes the discharge of cooling tower blowdown, low volume waste sources, and storm water at a daily average flow not to exceed 385,000 gallons per day via Outfall 001. The facility is located at 601 Atkins Street, on a tract of land bounded on the north by Finfeather Lake, on the east by the Missouri Pacific Railroad, on the south by Union Street, and on the west by Fountain Street, in the City of Bryan, Brazos County, Texas.

CITY OF TEMPLE has applied for a renewal of TPDES Permit No. WQ0010470002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 7,500,000 gallons per day. The facility is located on the west side of State Highway Loop 363, approximately one mile south of the intersection of State Highway 53 and State Highway Loop 363 in Bell County, Texas.

EXTERRAN ENERGY SOLUTIONS LP has applied for a renewal of TCEQ Permit No. WQ0011975001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 6,000 gallons per day via surface irrigation of 50 acres of non-public access pastureland. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately four miles east of the City of Alleyton, 2,100 feet west of the intersection of Interstate Highway 10 and Farm-to-Market Road 949 in Colorado County, Texas.

U S ARMY CORPS OF ENGINEERS has applied for a renewal of Permit No. WQ0012253001 which authorizes the disposal of treated domestic wastewater at a daily average flow of 1,400 gallons per day via surface irrigation of 0.53 acres of non-public access unimproved range land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located in the Yegua Creek Park which is on the southeastern side of Somerville Lake and is east of Road F in the Park and approximately 650 feet due south of Park Roads F and J in Washington County, Texas.

MARTIN OPERATING PARTNERSHIP LP which operates Martin Operating Neches Terminal, an industrial park comprised of various manufacturing/commercial operations, has applied for a major amendment to TPDES Permit No. WQ0001202000 to authorize: changing the flow volume limits of Outfall 004 and 008 to dry weather flow limits; additional sources of wastestreams at Outfalls 002, 005, 006, and 007; and the removal of the term "diminimus" in the description of the sources of effluent to Outfall 003. The facility is located on the west bank of the Neches River, approximately three miles east of the intersection of U.S. Highway 90 and State Highway 380, and southeast of the City of Beaumont, Jefferson County, Texas. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the action is consistent with the applicable CMP goals and policies.

TEXAS A & M UNIVERSITY which operates Texas A&M Power Plant, a steam electric power generating and thermal supply plant, and cyclotron, has applied for a renewal of TPDES Permit No. WQ0004002000, which authorizes the discharge of cooling tower blowdown, low volume wastes, storm water runoff, and water treatment waste at a daily average flow not to exceed 930,000 gallons per day via Outfall 001. The facility is located at the steam electric power generating station and thermal supply plant located on Ireland Street immediately west of the intersection of Ireland Street and Ross Street; and the cyclotron is located on Spence Street at the intersection of Spence Street and University Drive on the Texas A&M University main campus, in the City of College Station, Brazos County, Texas.

SOUTHERN FOREST PRODUCTS LLC which operates the Southern Forest Products Facility, a sawmill and wood products manufacturing facility, has applied for a renewal of TPDES Permit No. WQ0004241000, which authorizes the discharge of wet decking wastewater and storm water runoff on an intermittent and flow variable basis via Outfall 001, and wet decking wastewater, utility wastewater (boiler blowdown), and storm water on an intermittent and flow variable basis via Outfall 002. The draft permit authorizes wet decking wastewater, utility wastewater (boiler blowdown), and storm water on an intermittent and flow variable basis via Outfall 001 (formerly Outfall 002). The facility is located adjacent to and east of Farm-to-Market Road 2626, approximately 2.3 miles northeast of the intersection of U.S. Highway 190 and Farm-to-Market Road 2626, Newton County, Texas.

KOPPERS INC AND BNSF RAILWAY COMPANY which operates Somerville Corrective Action Management Unit, a hazardous waste processing and post-closure care facility associated with a former tie-treating facility, has applied for a renewal of TPDES Permit No. WQ0004642000, which authorizes the discharge of storm water associated with industrial activity on an intermittent and flow variable basis via Outfalls 001 and 002. The facility is located on State Highway 36 approximately 0.7 miles northwest of the intersection of State Highway 36 and Farm-to-Market Road 1361 in the City of Somerville, Burleson County, Texas.

CITY OF ANTON has applied for a renewal of TCEQ Permit No. WQ0010021001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day via surface irrigation of 150 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located north of Yellow House Draw, approximately 0.5 mile south of the City of Anton, southwest of the intersection of U.S. Highway 84 and Farm-to-Market Road 168 in Hockley County, Texas.

CITY OF JOHNSON CITY has applied for a renewal of TPDES Permit No. WQ0010198001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 303,000 gallons per day. The facility is located approximately 2,500 feet south-southwest of the U.S. Highway 281 crossing of the Pedernales River and 3,700 feet north of the intersection of Farm-to-Market Road 2766 and U.S. Highway 281 in Blanco County, Texas.

CITY OF RICHMOND has applied for a renewal of TPDES Permit No. WQ0010258001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,000,000 gallons per day. The facility is located at 206 North Second Street, at the southeast corner of the intersection of Ferry Street and North Second Street in the City of Richmond in Fort Bend County, Texas.

THE CITY OF HOUSTON has applied for a new TPDES Permit No. WQ0010495152, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 5,000,000 gallons per day. This facility was previously authorized under TPDES Permit No. WQ0010495136, which expired September 1, 2008. The facility is located approximately 1.6 miles east-northeast of the intersection of Farm-to-Market Road 1959 and Interstate Highway 45, adjacent to the southeast corner of Ellington Air Field in Harris County, Texas. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the action is consistent with the applicable CMP goals and policies.

CITY OF MORAN has applied for a renewal of Permit No.WQ0011420001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 32,000 gallons per day via surface irrigation of 10 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 1,500 feet east of the intersection of State Highway 6 and Farm-to-Market Road 576 on the east bank of Post Oak Creek in the City of Moran in Shackelford County, Texas.

CITY OF ROCKSPRINGS has applied for a renewal of TPDES Permit No. 13490-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 133,000 gallons per day. The facility is located approximately 4,000 feet northwest of the intersection of U.S. Highway 377 and State Highway 55 in Edwards County, Texas.

CITY OF SINTON has applied for a renewal of TPDES Permit No. WQ0013641001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day. The facility is located in the Rob and Bessie Welder Park on U. S. Highway 181, approximately 2.4 miles north of the intersection of U. S. Highway 181 and Farm-to-Market Road 881 in San Patricio County, Texas.

DRIPPING SPRINGS APARTMENTS LP has applied for a renewal of Permit No. WQ0014146001 which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 0.014 gallons per day via subsurface drip irrigation system on 3.57 acres of non-public access land. This permit will not authorize a discharge of pollutants into the Waters of the State. The wastewater treatment facility and disposal site are located on the north side of U.S. Route 290, approximately 13,000 feet west along U.S. Route 290 from its intersection with State Route 12 in Hays County, Texas.

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO 5 has applied for a renewal of TPDES Permit No. WQ0014757001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility is located approximately 400 feet west of the intersection of State Highway 36 and Ustinik Road in Fort Bend County, Texas.

SPRIPES LLC has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014932001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 5,000 gallons per day. The facility will be located at 1801 West Mount Houston Road, northwest of the intersection of West Mount Houston Road (State Highway 249) and Veterans Memorial Drive in Harris County, Texas 77038.

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-200901716

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 6, 2009

Notice of Water Rights Applications

Notices issued April 27, 2009.

APPLICATION NO. 5635A; Michael Pawelek, 6630 Shady Bend Drive, San Antonio, Texas 78256, Applicant, has applied to amend Water Use Permit No. 5635 on Cibolo Creek, San Antonio River Basin, in Karnes County to extend the expiration date of the term water. Applicant also seeks to correct the Longitude of the authorized diversion point. More information on the application and how to participate in the permitting process is given below. The application was received on November 7, 2008, and additional information was received on January 30, February 5, 19, and 23, 2009. Fees were received on January 30, 2009. The application was declared administratively complete and accepted for filing on February 26, 2009. Written public comments and requests for a public meeting should be received in the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 12-3580E; George E., Juanita Sue, Brian, Kellie, and Carey Bingham, 2191 Highway 2247, Comanche, Texas, 76442, Applicants, have applied for an amendment to Certificate of Adjudication No. 12-3580 to extend the expiration date of their water right from December 31, 2009 to at least December 31, 2019 to divert and use water from two reservoirs, one located on an unnamed tributary of Beattie Branch and the other located on Beattie Branch, Brazos River Basin in Comanche County. More information on the application and how to participate in the permitting process is given below. The application and a portion of the fees were received on December 22, 2009. Additional information and fees were received on February 17 and 18, and March 4, 12, and 26, 2009. The application was accepted for filing and declared administratively complete on March 31, 2009. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 4264C; George E., Juanita Sue, Brian, Kellie, and Carey Bingham, 2191 Highway 2247, Comanche, Texas, 76442, Applicants, have applied for an amendment to Water Use Permit No. 4264 (Application No. 4577) to extend the expiration date of their water right from December 31, 2009 to at least December 31, 2019 to divert and use water from a reservoir on an unnamed tributary of Martins Creek, Brazos River Basin in Comanche County. More information on the application and how to participate in the permitting process is given below. The application and a portion of the fees were received on December 22, 2009. Additional information and fees were received on February 17 and 18, and March 4, 12, and 26, 2009. The application was accepted for filing and declared administratively complete on March 31, 2009. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

INFORMATION SECTION

To view the complete issued notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.

A public meeting is intended for the taking of public comment, and is not a contested case hearing.

The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "I/we request a contested case hearing"; and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.

TRD-200901717

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 6, 2009

Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on May 4, 2009, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Paul LaVoie; SOAH Docket No. 582-08-3669; TCEQ Docket No. 2007-0382-MLM-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Paul LaVoie on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Melissa Chao, Office of the Chief Clerk, (512) 239-3300.

TRD-200901719

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 6, 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: Semiannual Report due January 15, 2009 for Candidates and Officeholders

Carlos H. Garza, 12380 Edgemere Blvd., Ste. 102, El Paso, Texas 79938-2627

Terry E. Hockman Jr., P.O. Box 60153, Midland, Texas 79711-0153

Kevin T. Howell, 3423 S. Julian Blvd., Amarillo, Texas 79102-2032

Jeffrey S. Joyner, 2600 E. Renner Rd., Apt. 145, Richardson, Texas 75082-3459

TRD-200901625

David Reisman

Executive Director

Texas Ethics Commission

Filed: April 29, 2009

Texas Health and Human Services Commission

Public Notice

The Texas Health and Human Services Commission announces its intent to submit an amendment to the Texas State Plan for Medicaid services delivered by Physician Assistants, and Advanced Practice Nurses, including Nurse Practitioners, Clinical Nurse Specialists, and Certified Nurse Midwives under Title XIX of the Social Security Act. The proposed amendment is effective May 16, 2009.

The amendment will modify the reimbursement methodology in the Texas Medicaid State Plan for Certified Nurse Midwife services by allowing increased payments to Certified Nurse Midwives when services are delivered in a birthing center.

The proposed amendment has no estimated fiscal impact for federal fiscal year (FFY) 2009 through FFY 2013 since the increased payments to Certified Nurse Midwives will be offset by decreased payments to birthing centers. This change in payment methodology is mandated by the Centers for Medicare and Medicaid Services.

Interested parties may obtain copies of the proposed amendment 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-200901705

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: May 5, 2009

Department of State Health Services

Licensing Actions for Radioactive Materials

TRD-200901721

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: May 6, 2009

Texas Department of Housing and Community Affairs

Notice of Public Hearing - Community Services Block Grant American Recovery and Reinvestment Act of 2009

In accordance with the U.S. Department of Health and Human Services' requirement for the CSBG American Reinvestment and Recovery Act (Recovery Act) Plan and as part of the public information consultation and public hearing requirement for the Community Services Block Grant (CSBG) American Recovery and Reinvestment Act (ARRA) of 2009, the Texas Department of Housing and Community Affairs (TDHCA) is conducting a public hearing. The primary purpose of the hearing is to solicit comments on the proposed Texas CSBG Recovery Act Plan which describes the proposed use and distribution of CSBG ARRA funds to CSBG eligible entities and the proposed use of one percent of the funds which are to be utilized by the State for benefits enrollment coordination activities as it relates to the identification and enrollment of eligible individuals and families in federal, state, and local benefit programs. The funding period for CSBG ARRA funds is for the remainder of Federal Fiscal Year 2009 and all of Federal Fiscal Year 2010.

The schedule for the public hearing is as follows:

Tuesday, May 19th

11:00 a.m. - 1:00 p.m.

Texas Department of Housing and Community Affairs

221 East 11th Street

Conference Room 116

Austin, TX 78711-3941

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

A representative from TDHCA will be present to explain the planning process and receive comments from interested citizens and affected groups regarding the proposed plan. For questions, contact J. Al Almaguer, Senior Planner, in the Community Services Section at (512) 475-3908. Comments may be in the form of written comments or oral testimony at the hearing. Written comments may be submitted to TDHCA at the time of the hearing or by mail no later than May 22, 2009.

TRD-200901722

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 6, 2009

Texas Department of Insurance

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

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

BEST Life and Health Insurance Company

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

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

TRD-200901723

Brenda Caldwell

Assistant General Counsel

Texas Department of Insurance

Filed: May 6, 2009

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

Guarantee Trust Life Insurance Company

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

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

TRD-200901724

Brenda Caldwell

Assistant General Counsel

Texas Department of Insurance

Filed: May 6, 2009

Third Party Administrator Applications

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

Application of MAXIM INSURANCE SOLUTIONS, LC, (using the assumed name MAXIM ADMINISTRATORS LLC), a foreign third party administrator. The home office is JEFFERSON CITY, MISSOURI.

Application of CONSOLIDATED ASSOCIATIONS OF RAILROAD EMPLOYEES, a foreign third party administrator. The home office is TOPEKA, KANSAS.

Application of ETMG, LLC, a domestic third party administrator. The home office is AUSTIN, TEXAS.

Application of MHEALTH, INC., a domestic third party administrator. The home office is HOUSTON, TEXAS.

Application to change the name of AIG RETIREMENT SERVICES COMPANY to VALIC RETIREMENT SERVICES COMPANY, a domestic third party administrator. The home office is HOUSTON, TEXAS.

Application to change the name of CAREMARKPCS HEALTH, L.P. to CAREMARKPCS HEALTH, L.L.C., a foreign third party administrator. The home office is WILMINGTON, DELAWARE.

Application to change the name of FISERV HEALTH PLAN ADMINISTRATORS, INC. (doing business as FISERV HEALTH - WAUSAU BENEFITS) to UMR, INC., a foreign third party administrator. The home office is WILMINGTON, DELAWARE.

Application to change the name of HARRINGTON BENEFIT SERVICES, INC. (doing business as FISERV HEALTH - HARRINGTON), a foreign third party administrator. The home office is WILMINGTON, DELAWARE.

Application to change the name of ANCILLARY CARE MANAGEMENT, INC. to NOVOLOGIX, INC., a foreign third party administrator. The home office is WILMINGTON, DELAWARE.

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

TRD-200901725

Brenda Caldwell

Assistant General Counsel

Texas Department of Insurance

Filed: May 6, 2009

Texas Lottery Commission

Instant Game Number 1197 "Set for Life"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1197 is "SET FOR LIFE". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1197 shall be $10.00 per ticket.

1.2 Definitions in Instant Game No. 1197.

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.

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. 1197 - 1.2D

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

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

G. Mid-Tier Prize - A prize of $50.00, $100, $200 or $500.

H. High-Tier Prize - A prize of $1,000, $2,500 or $250,000/year (not to exceed $5,000,000).

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 (1197), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 050 within each pack. The format will be: 1197-0000001-001.

K. Pack - A pack of "SET FOR LIFE" Instant Game tickets contains 50 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 050 will be exposed on one side of the pack and ticket 001 on the other side.

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 "SET FOR LIFE" Instant Game No. 1197 ticket.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 44 (forty-four) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 44 (forty-four) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 44 (forty-four) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 44 (forty-four) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No five or more like non-winning prize symbols on a ticket.

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

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

E. The STAR (win x 10) play symbol will only appear on intended winning tickets as dictated by the prize structure.

F. The LIFE (win $250,000/year) play symbol will only appear with the $250,000/YR prize symbol and both symbols will only appear on the three winning tickets as dictated by the prize structure.

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

H. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 10 and $10).

2.3 Procedure for Claiming Prizes.

A. To claim a "SET FOR LIFE" Instant Game prize of $10.00, $20.00, $50.00, $100, $200 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $50.00, $100, $200 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "SET FOR LIFE" Instant Game prize of $1,000 or $2,500, 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. To claim a "SET FOR LIFE" top level prize of $250,000 per year, (not to exceed $5,000,000 total), the claimant must sign the winning ticket and present it at Texas Lottery Commission headquarters in Austin, Texas. 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.

D. When claiming a "SET FOR LIFE" Instant Game prize of $250,000 per year, (not to exceed $5,000,000 total the claimant will receive,

1. Annually via direct deposit to the winner's account. With this plan, upon validation of the prize, a payment of $250,000 less any taxes and/or other offsets or mandatory withholdings required by law, will be made once a year on the first business day of the anniversary month of the claim. Annual payments will be made for a period of 19 years or a total of 19 annual payments. One additional payment of $250,000 less any taxes and/or other offsets or mandatory withholdings required by law, will be made to reach the total maximum payment of $5,000,000.

2. If a payment falls on a holiday or weekend, the payment will be made on the following business day.

E. As an alternative method of claiming a "SET FOR LIFE" 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.

F. 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

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.

G. 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 "SET FOR LIFE" 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 "SET FOR LIFE" 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. 1197. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1197 - 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. 1197 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. 1197, 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-200901631

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 1, 2009

Instant Game Number 1198 "Cash Bingo"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1198 is "CASH BINGO". The play style is "bingo".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1198 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 1198.

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: B01, B02, B03, B04, B05, B06, B07, B08, B09, B10, B11, B12, B13, B14, B15, I16, I17, I18, I19, I20, I21, I22, I23, I24, I25, I26, I27, I28, I29, I30, N31, N32, N33, N34, N35, N36, N37, N38, N39, N40, N41, N42, N43, N44, N45, G46, G47, G48, G49, G50, G51, G52, G53, G54, G55, G56, G57, G58, G59, G60, O61, O62, O63, O64, O65, O66, O67, O68, O69, O70, O71, O72, O73, O74, O75, 01, 02, 03, 04, 05, 06, 07, 08, 09, 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, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, FREE SYMBOL, TRY AGAIN SYMBOL, $2.00, $3.00, $5.00, $10.00, $20.00, $50.00 and $100.

Figure 1: GAME NO. 1198 - 1.2D

F. Low-Tier Prize - A prize of $2.00, $3.00, $5.00, $10.00, $15.00 or $20.00.

G. Mid-Tier Prize - A prize of $30.00, $50.00, $100 or $500.

H. High-Tier Prize - A prize of $1,000 or $30,000.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1198), 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: 1198-0000001-001.

K. Pack - A pack of "CASH BINGO" 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 "CASH BINGO" Instant Game No. 1198 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 "CASH BINGO" Instant Game is determined once the latex on the ticket is scratched off to expose 131 (one hundred thirty-one) play symbols. The player must scratch off the "CALLER'S CARD" area to reveal 24 (twenty-four) Bingo Numbers and 6 (six) Bonus Numbers. The player must scratch all the Bingo Numbers on cards 1 through 4 that match the Bingo Numbers and the Bonus Numbers on the "CALLER'S CARD". Each "CARD" has a corresponding prize box. Players win by matching those same numbers on the four Bingo Cards. If the player matches all bingo numbers in a complete horizontal, vertical or diagonal line, the four corners of the grid, or an X pattern, they win the prize shown in the corresponding prize box. Examples of play: If a player matches all bingo numbers plus the Free Space in a complete horizontal, vertical or diagonal line pattern in any one card, the player wins the prize shown in the corresponding prize box. If the player matches all bingo numbers in all four (4) corners in any one card, the player wins the prize shown in the corresponding prize box. If the player matches all bingo numbers plus Free Space to make a complete "X" pattern in any one card, the player wins the prize shown in the corresponding prize box. In the INSTANT BONUS play area, if a player reveals a prize amount, the player wins that amount instantly! The player can only win one prize per "CARD". 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 131 (one hundred thirty-one) 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 131 (one hundred thirty-one) 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 131 (one hundred thirty-one) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 131 (one hundred thirty-one) 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 CALLING AREA is defined as the combined areas of the CALLER'S CARD and the BONUS NUMBERS.

C. No duplicate CALLING AREA play symbols.

D. The CALLING AREA will have a minimum of three (3) numbers from each letter (B, I, N, G and O) letter range.

E. The CALLING AREA will have a maximum of eight (8) numbers from each letter (B, I, N, G and O) letter range.

F. Each number in the CALLING AREA will appear on at least one of the BINGO CARDS.

G. There will be one (1) FREE symbol per card fixed in the center of each BINGO CARD.

H. No duplicate BINGO CARDS (same symbols in same position) on a ticket.

I. Non-winning BINGO CARDS will have a minimum of three (3) numbers called.

J. All numbers within each BINGO CARD will be unique.

K. There can be only one winning pattern on each BINGO CARD on winning cards.

L. A "near win" is a winner less one (1) number, except "X" where there are two (2) distinct numbers less, (one from each diagonal line, one of which must be from a corner).

M. The non-winning INSTANT BONUS box will always contain the TRY AGAIN symbol.

N. The winning INSTANT BONUS box will contain one (1) prize symbol per the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "CASH BINGO" Instant Game prize of $2.00, $3.00, $5.00, $10.00, $15.00, $20.00, $30.00, $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 $30.00, $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 "CASH BINGO" Instant Game prize of $1,000 or $30,000, 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 "CASH BINGO" 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 "CASH BINGO" 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 "CASH BINGO" 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.

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 30,000,000 tickets in the Instant Game No. 1198. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1198 - 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. 1198 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. 1198, 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-200901675

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 4, 2009

North Central Texas Council of Governments

Consultant Contract Award

Pursuant to the provisions of Government Code, Chapter 2254, the North Central Texas Council of Governments publishes this notice of consultant contract award. The consultant proposal request appeared in the February 20, 2009, issue of the Texas Register (34 TexReg 1301). The selected consultant will perform technical and professional work for the Dallas-Garland Road Vision Study.

The consultant selected for this project is HOK, 2711 North Haskell Avenue, Suite 2250, LB 26, Dallas, Texas 75204. The maximum amount of this contract is $150,000.

TRD-200901695

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: May 5, 2009

Consultant Contract Award

Pursuant to the provisions of Government Code, Chapter 2254, the North Central Texas Council of Governments publishes this notice of consultant contract award. The consultant proposal request appeared in the February 27, 2009, issue of the Texas Register (34 TexReg 1479). The selected consultant will perform technical and professional work for the North Texas Aviation Education Initiative: Development and Implementation.

The consultant selected for this project is Pavlik and Associates, 6115 Camp Bowie, Suite 270, Fort Worth, Texas 76116. The maximum amount of this contract is $85,000.

TRD-200901696

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: May 5, 2009

Texas Department of Public Safety

Consultant Services Award

In accordance with §2254.030 of the Texas Government Code, the Texas Department of Public Safety ("Department") announces the award of the contract pursuant to Request for Qualifications 405-HQ9-9053 - Agreement for Internal Audit Services, which was published in the February 20, 2009, issue of the Texas Register (34 TexReg 1303).

A description of the work to be performed under the contract:

Deloitte & Touche LLP ("Deloitte") will provide the Department with governmental auditing, risk assessment services, and accounting expertise for fiscal years 2009 through 2013 on a blanket order basis. Deloitte will: (a) complete certain internal audit projects; (b) evaluate and contribute to the improvement of risk management and control processes within the Department; and (c) provide internal auditing services to include risk assessments, informal and formal advice, analysis or assessments of Department business processes, governance processes, and related controls.

Name and business address of the consultant selected:

Deloitte & Touche LLP

400 W. 15th Street, Suite 1700

Austin, Texas 78701

The amount of the contract:

$500,000.00

Beginning and ending dates of the contract:

The contract became effective on April 27, 2009 and expires August 31, 2013.

Date for completion of work to be performed:

To date, the Department has ordered the following audit projects, which are currently due on the 35th business day after the effective date of the contract: (1) grant cash management audit; (2) grant acquisition audit; and (3) grant management audit.

TRD-200901708

Stanley E. Clark

Director

Texas Department of Public Safety

Filed: May 6, 2009

Public Utility Commission of Texas

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

The Public Utility Commission of Texas received an application on April 28, 2009, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).

Project Title and Number: Application of Time Warner Cable for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36941 before the Public Utility Commission of Texas.

The requested amendment is to (1) consolidate SICFA Numbers 90019, 90020, and 90021, reassigning all current service area footprint to SICFA Number 90019 and reflect the ownership/control transfer to Time Warner NY Cable LLC d/b/a Time Warner Cable; (2) amend SICFA Number 90019 to expand its area service footprint to include the unincorporated areas of Delta and Denton counties, excluding federal properties; and the cities of Double Oak and Princeton, Texas.

Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 36941.

TRD-200901651

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 1, 2009

Notice of Application for Designation as a Limited Eligible Telecommunications Carrier in the State of Texas

Notice is given to the public of an application filed with the Public Utility Commission of Texas on April 29, 2009, for designation as a limited eligible telecommunications carrier (ETC) in the State of Texas.

Docket Title and Number: Application of Virgin Mobile USA, L.P. for Limited Designation as an Eligible Telecommunications Carrier in the State of Texas. Docket Number 36946.

The Application: The company is requesting limited ETC designation for the limited purpose of providing Lifeline-supported services to qualifying Texas customers.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by June 4, 2009. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the Public Utility Commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. All comments should reference Docket Number 36946.

TRD-200901652

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 1, 2009

Notice of Application for Designation as an Eligible Telecommunications Carrier and Request to Relinquish ETC Designation

Notice is given to the public of an application filed with the Public Utility Commission of Texas on April 28, 2009, for designation as an eligible telecommunications carrier (ETC) and request to relinquish ETC designation.

Docket Title and Number: Application of Telenational Communications, Inc. for Designation as an Eligible Telecommunications Carrier (ETC) in Areas Served by Cedar Valley Communications and Request of Cedar Valley Communications to Relinquish its ETC Designation. Docket Number 36940.

The Application: The company is requesting ETC designation in those areas in which Cedar Valley Communications currently is designated as an ETC. Simultaneously, Cedar Valley Communications requests to relinquish its ETC designation in those areas in which it is currently so designated effective on the date of its merger into Telenational.

TRD-200901650

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 1, 2009

Notice of Proceeding to Sequence Certificate of Convenience and Necessity Applications for the Subsequent Projects for the Competitive Renewable Energy Zones

Notice is given to the public of a Public Utility Commission of Texas (commission) proceeding established to sequence certificate of convenience and necessity applications for the subsequent projects for the competitive renewable energy zones pursuant to the Public Utility Regulatory Act, Texas Utility Code Annotated. §§11.001 - 66.016 (Vernon 2007 and Supp. 2008) (PURA).

Docket Style and Number: Proceeding to Sequence Certificate of Convenience and Necessity Applications for the Subsequent Projects for the Competitive Renewable Energy Zones, Docket Number 36802.

The Application: On March 30, 2009, the commission issued its Order in Commission Staff's Petition for Selection of Entities Responsible for Transmission Improvements Necessary to Deliver Renewable Energy From Competitive Renewable Energy Zones, Docket Number 35665, wherein commission staff was directed, along with Cross Texas Transmission, LLC, Electric Transmission Texas, LLC, LCRA Transmission Services Corporation, Lonestar Transmission, LLC, Oncor Electric Delivery Company, LLC, Sharyland Utilities, LP, South Texas Electric Cooperative, and Wind Energy Transmission Texas (collectively, Designated TSPs) and the Electric Reliability Council of Texas, Inc. (ERCOT) to participate in the above styled and numbered docket to sequence subsequent project certificate of convenience and necessity (CCN) applications.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477 no later than May 15, 2009. A request to intervene should be submitted in writing by the June 12, 2009, deadline. Hearing or speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 36802.

TRD-200901704

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 5, 2009

Notice of Request for Proposals to Provide Program Oversight Services for Transmission Build-Out in Support of Competitive Renewable Energy Zones

RFP No. 473-09-00320

Deadline for proposal submission: 5:00 p.m., Central Daylight Time, Friday, June 26, 2009.

The Public Utility Commission of Texas (PUCT or Commission) is issuing a Request for Proposals (RFP) for an entity to provide program and project oversight of the planning, financing, and constructing of transmission capacity necessary to deliver renewable energy from competitive renewable energy zones (CREZs) to electric customers.

In 2005, the Texas Legislature amended the Public Utility Regulatory Act (PURA) by requiring the PUCT to identify areas in the state where renewable energy resources and land area are sufficient to develop electric generating capacity from renewable energy technologies and to designate these areas as competitive renewable energy zones (CREZs). In addition, the statute required the PUCT to develop a plan to construct the transmission capacity necessary to transmit the electric output from the CREZs to electric customers.

On October 7, 2008, the PUCT issued its final order, which identified the CREZs and announced that the PUCT would proceed to select the entity or entities responsible for constructing, operating, and maintaining the transmission improvements. The entities that will construct the transmission improvements are known as "transmission service providers," or TSPs. On March 30, 2009, the PUCT issued its final order naming the TSPs for each CREZ.

In addition to naming the TSPs, the PUCT delegated authority to the agency's executive director to select, engage, and oversee an entity that will be responsible for overseeing the planning, financing, and constructing of all the transmission improvements and facilities to ensure their timely completion.

Eligible proposers must be knowledgeable about planning, financing, constructing, and operating electric transmission facilities. Proposers must demonstrate that their project and program management experience is consistent with the size and complexity of the work described in Attachment A, Statement of Work, of the RFP.

The complete RFP is on the PUC website at: http://www.puc.state.tx.us/about/procurement/currentrfps.cfm

To obtain a copy of the RFP, contact Chris Wood, Purchaser at (512) 936-7069; chris.wood@puc.state.tx.us; or PUCT, P.O. Box 13326, Austin, TX 78711-3326.

TRD-200901706

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 5, 2009

Notice of Second Amended Application for Waiver from Requirements

Notice is given to the public of a second amended application filed on April 30, 2009 with the Public Utility Commission of Texas for waiver from the requirements in P.U.C. Substantive Rule §26.420(f)(3)(B).

Docket Style and Number: Application of Flat Wireless, LLC for Waiver to Apply Safe-Harbor Percentage to Calculate Texas Universal Service Fund (TUSF) Assessment Pursuant to P.U.C. Substantive Rule §26.420(f). Docket Number 36725.

The Application: Flat Wireless is a Commercial Mobile Radio Service (CMRS) provider. Flat Wireless states that it has elected to use the safe-harbor percentage approved by the Commission for its classification of telecommunications service provided. Flat Wireless requests that the commission grant it a waiver from the requirements contained in P.U.C. Substantive Rule §26.420(f)(3)(A) to allow Flat Wireless to use the commission-ordered safe-harbor TUSF assessment methodology to calculate TUSF assessments. Flat Wireless proposes that a regular waiver, not a permanent waiver, to use the commission-ordered safe-harbor TUSF assessment methodology to calculate TUSF assessments, is in the public interest and is appropriate.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by June 1, 2009, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 36725.

TRD-200901715

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 6, 2009