In Addition

Office of the Attorney General

Notice of Settlement of a Texas Water Code Enforcement Action

The State of Texas gives notice of the following proposed resolution of an environmental enforcement action under the Texas Water Code. Before the State may enter into a voluntary settlement agreement, pursuant to §7.110 of the Texas Water Code, the State shall permit the public to comment in writing. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreement if the comments disclose facts or considerations indicating that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the law.

Case Title: Entergy Gulf States Louisiana, LLC, et al. v. Texas Commission on Environmental Quality, No. D-1-GN-08-003250; in the 98th Judicial District Court, Travis County, Texas.

Background: This case involves the remediation of the Spector Salvage Yard State Superfund Site in Orange, Orange County, Texas. The Texas Commission on Environmental Quality ("TCEQ") has expended more that $2.5 million in cleaning up contamination at the site. Total response costs are expected to exceed $3 million. On August 7, 2008, the TCEQ issued an administrative order styled "In the Matter of the Site Known as Spector Salvage Yard State Superfund Site, Docket No. 2008-0759-SPF" ("the Order"), finding that certain parties were responsible for solid waste and hazardous substances at the Site, providing for a cleanup, and other matters. Various parties appealed the Order; those appeals were consolidated into the above-referenced case. In addition, the Order named fourteen federal agencies or agency components; those agencies did not appeal the Order but have negotiated a separate settlement with the State.

Nature of the Settlement: The lawsuit will be settled, as to twenty-six of the parties, by an agreed final judgment in the district court. The claim against the federal agencies will be settled by a separate agreement.

Proposed Settlement: The proposed judgment provides for the recovery of response costs and attorneys' fees; the federal settlement provides for the recovery of additional response costs.

The Office of the Attorney General will accept written comments relating to the proposed judgment and the federal settlement for thirty (30) days from the date of publication of this notice. Copies of the proposed judgment may be examined at the Office of the Attorney General, 300 W. 15th Street, 10th Floor, Austin, Texas. A copy of the proposed judgment may also be obtained in person or by mail at the above address for the cost of copying. Requests for copies of the judgment, and written comments on the same, should be directed to Thomas H. Edwards, Assistant Attorney General, Office of the Attorney General (018), P.O. Box 12548, Austin, Texas 78711-2548; telephone (512) 463-2012, fax (512) 320-0052.

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

TRD-201003221

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: June 7, 2010


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/14/10 - 06/20/10 is 18% for Consumer 1/Agricultural/Commercial2/credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/14/10 - 06/20/10 is 18% for Commercial over $250,000.

1Credit for personal, family or household use.

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

TRD-201003240

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: June 8, 2010


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 July 19, 2010. Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 19, 2010. 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: Ash Grove Texas, L.P.; DOCKET NUMBER: 2010-0332-IWD-E; IDENTIFIER: RN100225978; LOCATION: Midlothian, Ellis County; TYPE OF FACILITY: cement manufacturing plant; RULE VIOLATED: 30 Texas Administrative Code (TAC) §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0002427000, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a)(1), by failing to comply with effluent limitations for total suspended solids (TSS) and flow; PENALTY: $2,770; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: AZTEX DAIRY, INC.; DOCKET NUMBER: 2010-0486-AGR-E; IDENTIFIER: RN100796101; LOCATION: Dublin, Erath County; TYPE OF FACILITY: dairy operation; RULE VIOLATED: 30 TAC §321.31(a) and the Code, §26.121(a)(1), by failing to prevent an unauthorized discharge of agricultural wastewater; PENALTY: $2,075; ENFORCEMENT COORDINATOR: Evette Alvarado, (512) 239-2573; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Bell County Water Control and Improvement District Number 2; DOCKET NUMBER: 2009-1763-MWD-E; IDENTIFIER: RN101610418; LOCATION: Bell County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and §319.11(a) and TPDES Permit Number WQ0011091001, Monitoring and Reporting Requirements Number 2, by failing to comply with test procedures for analyses of pollutants; 30 TAC §305.125(1) and (5) and TPDES Permit Number WQ0011091001, Operational Requirements Number 1, by failing to ensure that all systems of collection, treatment, and disposal are being properly operated and maintained; 30 TAC §305.125(4), TPDES Permit Number WQ0011091001, Permit Conditions Number 2.g., and the Code, §26.121(a), by failing to prevent the unauthorized discharge of wastewater; 30 TAC §305.125(1) and TPDES Permit Number WQ0011091001, Monitoring and Reporting Requirements Numbers 7.a and b, by failing to report an unauthorized discharge within 24 hours and in writing within five days of becoming aware of the noncompliance; and 30 TAC §305.125(1), TPDES Permit Number WQ0011091001, Effluent Limitations and Monitoring Requirements Number 4 and Permit Conditions Number 2.d, and the Code, §26.121(a), by failing to prevent the unauthorized discharge of solids into the receiving stream; PENALTY: $74,500; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(4) COMPANY: Daniel W. Bickham; DOCKET NUMBER: 2010-0874-WOC-E; IDENTIFIER: RN103419099; LOCATION: Gregory, San Patricio County; TYPE OF FACILITY: licensing; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(5) COMPANY: City of Bruceville-Eddy; DOCKET NUMBER: 2010-0600-PWS-E; IDENTIFIER: RN102867934; LOCATION: Eddy, McLennan County; TYPE OF FACILITY: public water supply (PWS); RULE VIOLATED: 30 TAC §290.42(e)(3)(G), by failing to obtain approval under the exemption guidelines of 30 TAC §290.39(l) to use a primary disinfectant other than chlorine; PENALTY: $282; ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-2558; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(6) COMPANY: Capital Products, Inc.; DOCKET NUMBER: 2010-0511-MLM-E; IDENTIFIER: RN105893531; LOCATION: Jarrell, Williamson County; TYPE OF FACILITY: concrete block plant and cut stone site; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by failing to obtain authorization prior to the start of construction of a concrete block plant; 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 associated with construction activities; and 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to obtain authorization to discharge storm water associated with industrial activities; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.

(7) COMPANY: City of Chico; DOCKET NUMBER: 2008-1953-MWD-E; IDENTIFIER: RN102833845; LOCATION: Chico, Wise County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010023001, Effluent Limitations and Monitoring Requirements Numbers 1, 2, 3, and 6, and the Code, §26.121(a), by failing to maintain compliance with the permit effluent limits for dissolved oxygen, TSS, ammonia nitrogen (NH3N), five day carbonaceous biochemical oxygen demand, and chlorine; 30 TAC §305.62, TPDES Permit Number WQ0010023001, Permit Conditions Number 4, and the Code, §26.121(a), by failing to obtain authorization for a major permit amendment prior to making modifications to the permitted facility; 30 TAC §319.7(a) and TPDES Permit Number WQ0010023001, Permit Monitoring and Reporting Requirements Number 3.c, by failing to document monitoring activities; 30 TAC §317.6(b)(1)(E) and TPDES Permit Number WQ0010023001, Operational Requirements Number 1, by failing to equip the chlorine equipment/storage area with a detector and an alarm; and 30 TAC §317.7(d) and TPDES Permit Number WQ0010023001, Operational Requirements Number 1, by failing to provide proper signage on non-potable water outlets; PENALTY: $208,475; Supplemental Environmental Project (SEP) offset amount of $200,000 applied to having the respondent provide first-time wastewater service to approximately 12 or more low-income residences that comply with the parameters of this SEP; SEP offset amount of $8,475 applied to Texas Association of Resource Conservation & Development Areas, Inc. (RC&D) - Water or Wastewater Assistance; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: ConocoPhillips Company; DOCKET NUMBER: 2010-0284-AIR-E; IDENTIFIER: RN101619179; LOCATION: Old Ocean, Brazoria County; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §101.20(3) and §116.115(c), New Source Review Permit Numbers 22086, 5920A, PSD-TX-103M3, and 7467A, Special Condition (SC) Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $10,000; SEP offset amount of $5,000 applied to Texas Parent Teacher Association - Clean School Bus Program; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(9) COMPANY: City of Dallas; DOCKET NUMBER: 2009-1941-MWD-E; IDENTIFIER: RN101549061; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010060001, Permit Conditions Number 2.g, and the Code, §26.121(a), by failing to prevent the unauthorized discharge of wastewater; and 30 TAC §334.22(a) and the Code, §5.702, by failing to pay outstanding underground storage tank (UST) fees and associated late fees; PENALTY: $9,100; SEP offset amount of $9,100 applied to Keep Texas Beautiful - Stop Trashing Texas Program; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: Devon Gas Services, L.P.; DOCKET NUMBER: 2010-0232-AIR-E; IDENTIFIER: RN102700176; LOCATION: Rhome, Wise County; TYPE OF FACILITY: natural gas compressor station; RULE VIOLATED: 30 TAC §§122.121, 122.143(4), and 122.505(c), Federal Operating Permit (FOP) Number O-02543/General Operating Permit (GOP) Number 514, Site-wide requirements (b)(1), and THSC, §382.054 and §382.085(b), by failing to submit a renewal application at least six months prior to the expiration of a FOP/GOP and continuing to operate emissions sources at the plant after the permit expired; PENALTY: $5,625; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: Eagle Rock Field Services, L.P.; DOCKET NUMBER: 2010-0041-AIR-E; IDENTIFIER: RN100218148; LOCATION: near Pampa, Wheeler County; TYPE OF FACILITY: natural gas compressor station; RULE VIOLATED: 30 TAC §122.143(4) and §122.145(2)(A), GOP Number O-00146/Oil and Gas GOP Number 514, Site-wide requirements (b)(2), and THSC, §382.085(b), by failing to submit a complete semi-annual deviation report; PENALTY: $2,650; ENFORCEMENT COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE: 3916 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(12) COMPANY: City of Florence; DOCKET NUMBER: 2009-2048-MWD-E; IDENTIFIER: RN101920502; LOCATION: Williamson County; TYPE OF FACILITY: wastewater treatment system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010944001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permit effluent limits for TSS and NH3N; PENALTY: $5,970; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.

(13) COMPANY: Juan Garza; DOCKET NUMBER: 2010-0829-WOC-E; IDENTIFIER: RN105898589; LOCATION: Bee County; TYPE OF FACILITY: licensing; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupation license; PENALTY: $210; ENFORCEMENT COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(14) COMPANY: City of Gustine; DOCKET NUMBER: 2009-2080-PWS-E; IDENTIFIER: RN101384204; LOCATION: Gustine, Comanche County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.46(s)(1) and TCEQ Agreed Order Docket Number 2007-0916-PWS-E, Ordering Provision 2.b.ii, by failing to calibrate the well meters at least once every three years; 30 TAC §290.121(a) and (b), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan; 30 TAC §290.46(m)(1)(A), by failing to inspect the facility's ground storage tanks (GTS) annually; 30 TAC §290.46(m)(1)(B), by failing to inspect the facility's pressure tanks annually; 30 TAC §290.42(l), by failing to compile and maintain an up-to-date plant operations manual for operator review and reference; 30 TAC §290.43(c)(2) and TCEQ Agreed Order Docket Number 2007-0916-PWS-E, Ordering Provision Number 2.b.i, by failing to provide a GST that is designed, fabricated, and erected in strict accordance with American Water Works Association standards with the appropriate appurtenances; 30 TAC §290.46(i), by failing to adopt an adequate plumbing ordinance, regulations, or service agreement with provisions for proper enforcement to insure that neither cross-connections nor other unacceptable plumbing practices are permitted; and 30 TAC §290.46(t), by failing to post a legible sign at each production, treatment, and storage facility that contains the name of the water supply and emergency phone numbers where a responsible official can be contacted; PENALTY: $2,675; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(15) COMPANY: H & B Marketing Services, Inc. dba Alvin Shell & Blimpies; DOCKET NUMBER: 2010-0330-PST-E; IDENTIFIER: RN102239332; LOCATION: Alvin, Brazoria County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(6) and THSC, §382.085(b), by failing to maintain Stage II records at the station; 30 TAC §115.244(3) and THSC, §382.085(b), by failing to conduct monthly inspections of the Stage II vapor recovery system (VRS); and 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $9,008; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(16) COMPANY: Raymon Harrell and Audrey Grisham; DOCKET NUMBER: 2010-0148-PST-E; IDENTIFIER: RN103993184; LOCATION: Montgomery County; TYPE OF FACILITY: USTs; RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, a UST system; PENALTY: $2,750; ENFORCEMENT COORDINATOR: Amanda Henry, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(17) COMPANY: HOOVER CONSTRUCTION COMPANY, INC.; DOCKET NUMBER: 2010-0501-WQ-E; IDENTIFIER: RN105885438; LOCATION: Three Rivers, Live Oak County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activities; PENALTY: $750; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-0335.

(18) COMPANY: Laguna Tres, Inc.; DOCKET NUMBER: 2010-0378-PWS-E; IDENTIFIER: RN101276806; LOCATION: Hood County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(i) and THSC, §341.0315(c), by failing to provide a well capacity of 0.6 gallons per minute (gpm) per connection; 30 TAC §290.45(b)(1)(C)(iii) and THSC, §341.0315(c), by failing to provide two or more service pumps having a total capacity of two gpm per connection; and 30 TAC §290.51(a)(3) and the Code, §5.702, by failing to pay all required public health service fees; PENALTY: $214; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(19) COMPANY: Lone Oak Feeders, Inc.; DOCKET NUMBER: 2010-0408-AGR-E; IDENTIFIER: RN102887080; LOCATION: Erath County; TYPE OF FACILITY: concentrated animal feeding operation (CAFO); RULE VIOLATED: 30 TAC §321.46(d) and TPDES CAFO General Permit Number TXG921109 Part IV.A., by failing to submit records within five days of a written request; 30 TAC §321.39(b)(4) and TPDES CAFO General Permit Number TXG921109 Part III.A.9.(d), by failing to maintain a rain gauge capable of measuring the design rainfall event at the site; and 30 TAC §321.36(c) and §321.39(g)(2) and TPDES CAFO General Permit Number TXG921109 Part III.A.6.(c) and Part III.B.5., by failing to maintain vegetation, crops, forage growth, or post harvest residues in the normal growing season in pastures that maintain animals and to maintain and manage control facilities to retain all contaminated rainfall runoff from open lots and associated areas; PENALTY: $1,630; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(20) COMPANY: M & S Business Corporation dba M & S Food Mart; DOCKET NUMBER: 2010-0461-PST-E; IDENTIFIER: RN101431427; LOCATION: La Porte, 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; 30 TAC §115.242(9) and THSC, §382.085(b), by failing to post operating instruction conspicuously on the front of each gasoline dispensing pump equipped with a Stage II VRS; 30 TAC §334.42(i), by failing to inspect all sumps including the dispenser sumps, manways, overspill containers, or catchment basins associated with the UST system; and 30 TAC §115.246(7)(A) and THSC, §382.085(b), by failing to maintain Stage II records at the station and make them immediately available for review; PENALTY: $5,951; ENFORCEMENT COORDINATOR: Philip Aldridge, (512) 239-0855; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(21) COMPANY: Joe Marsden; DOCKET NUMBER: 2010-0355-EAQ-E; IDENTIFIER: RN105883151; LOCATION: Georgetown, Williamson County; TYPE OF FACILITY: commercial rental property; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of a Water Pollutant Abatement Plan; PENALTY: $1,600; ENFORCEMENT COORDINATOR: JR Cao, (512) 239-2543; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.

(22) COMPANY: Nazma, LLC; DOCKET NUMBER: 2010-0838-PST-E; IDENTIFIER: RN105738074; LOCATION: Kyle, Hays County; TYPE OF FACILITY: gasoline service station; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vi), by failing to submit initial/renewal UST registration and self-certification form; PENALTY: $875; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.

(23) COMPANY: Orange County Water Control and Improvement District Number 2; DOCKET NUMBER: 2009-1729-MWD-E; IDENTIFIER: RN101614030; LOCATION: Orange County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010240001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permitted effluent limits for biochemical oxygen demand (BOD), copper, TSS, and zinc; PENALTY: $14,550; ENFORCEMENT COORDINATOR: Steve Villatoro, (512) 239-4930; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(24) COMPANY: Parkside at Mayfield Ranch, Limited; DOCKET NUMBER: 2010-0571-EAQ-E; IDENTIFIER: RN105880991; LOCATION: Williamson County; TYPE OF FACILITY: residential amenity center; RULE VIOLATED: 30 TAC §213.23(a)(1), by failing to obtain approval of a contributing zone plan; PENALTY: $750; ENFORCEMENT COORDINATOR: JR Cao, (512) 239-2543; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.

(25) COMPANY: Petrogas, LLC dba Fallbrook Food Store; DOCKET NUMBER: 2010-0305-PST-E; IDENTIFIER: RN101748903; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.244(1) and THSC, §382.085(b), by failing to conduct daily inspections of the Stage II VRS; 30 TAC §115.244(3) and THSC, §382.085(b), by failing to conduct monthly inspections of the Stage II VRS; 30 TAC §115.246(3) and (5) and THSC, §382.085(b), by failing to maintain Stage II records at the station; 30 TAC §115.242(3)(K) and THSC, §382.085(b), by failing to maintain the Stage II VRS in proper operating condition; and 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment, vapor space manifolding, and dynamic back pressure; PENALTY: $5,848; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(26) COMPANY: QUICK FUEL FLEET SERVICES, LLC dba Quick Fuel; DOCKET NUMBER: 2010-0150-PST-E; IDENTIFIER: RN102032703; LOCATION: Grand Prairie, Tarrant County; TYPE OF FACILITY: unmanned retail petroleum sales; RULE VIOLATED: 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding USTs; 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued 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 §334.72(3)(B), by failing to report a suspected release to the TCEQ within 24 hours of the discovery; 30 TAC §334.74, by failing to investigate a suspected release of regulated substances within 30 days of discovery; and 30 TAC §115.245(1)(C) and THSC, §382.085(b), by failing to ensure that the proper Stage II vapor recovery test procedures are implemented to ensure accurate and consistent test results; PENALTY: $18,238; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(27) COMPANY: Texas Department of Criminal Justice; DOCKET NUMBER: 2009-2041-PWS-E; IDENTIFIER: RN105614580; LOCATION: Burleson County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.46(n)(2), by failing to provide an accurate and up-to-date map of the distribution system; 30 TAC §290.46(f)(2) and (3)(D)(ii), by failing to keep on file and make available for review an up-to-date record of water works operations and maintenance activities for operator review and reference; 30 TAC §290.44(h)(1)(A), by failing to install a backflow prevention assembly or an air gap where an actual or potential contamination hazard exists; 30 TAC §290.46(1), by failing to flush all dead-end mains at monthly intervals; 30 TAC §290.110(c)(4)(A), by failing to monitor the residual disinfectant concentration at representative locations in the distribution system; 30 TAC §290.110(b)(4), by failing to maintain a residual disinfectant concentration in the water within the distribution system of at least 0.2 milligrams per liter (mg/L) free chlorine or 0.5 mg/L total chlorine; 30 TAC §290.47(e), by failing to issue a boil water notice within 24 hours using the prescribed notification format; 30 TAC §290.45(d)(2)(B)(v), by failing to provide a minimum pressure tank capacity of 220 gallons; 30 TAC §290.43(e), by failing to provide an intruder-resistant fence or lockable building to protect the GSTs; 30 TAC §290.41(c)(3)(A), by failing to obtain approval by the executive director prior to placing a well into service as a public drinking water source; 30 TAC §290.41(c)(3)(J), by failing to provide a concrete sealing block that extends at least three feet from the exterior well casing in all directions; 30 TAC §290.41(c)(3)(K), by failing to properly seal the well head with the use of gaskets or a pliable crack-resistant caulking compound; and 30 TAC §290.41(c)(3)(N), by failing to provide a flow measuring device for the facility's well; PENALTY: $3,675; SEP offset amount of $2,940 applied to RC&D - Water or Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-2558; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(28) COMPANY: TIEN SHAN, INC. dba Dairy Ashford Mobil; DOCKET NUMBER: 2010-0450-PST-E; IDENTIFIER: RN101846285; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.51(b)(2)(C) and the Code, §26.3475(c)(2), by failing to equip the UST system with a valve or other appropriate device designed to automatically shut off the flow of regulated substances into the tank when the liquid level in the tank reaches a preset level no higher than 95% capacity level for the tank; PENALTY: $1,070; ENFORCEMENT COORDINATOR: Tate Barrett, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(29) COMPANY: TOTAL PETROCHEMICALS USA, INC.; DOCKET NUMBER: 2010-0257-AIR-E; IDENTIFIER: RN102457520; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), FOP Number O-01267, Special Terms and Conditions (STC) Number 28, Air Permit Number 56385, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(b) and §122.143(4), FOP Number O-01267, STC Number 2F, and THSC, §382.085(b), by failing to properly report an emissions event; PENALTY: $9,905; SEP offset amount of $3,962 applied to Southeast Texas Regional Planning Commission-Southeast Texas Regional Air Monitoring Network Ambient Air Monitoring Station; ENFORCEMENT COORDINATOR: Audra Benoit, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(30) COMPANY: Trend Gathering & Treating, LP; DOCKET NUMBER: 2010-0543-AIR-E; IDENTIFIER: RN104416151; LOCATION: Teague, Freestone County; TYPE OF FACILITY: compressor station; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.0518(A) and §382.085(b), by failing to obtain authorization to operate; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Raymond Marlow, (409) 898-3838; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

TRD-201003227

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 8, 2010


Enforcement Order

An order was entered regarding Ray Drennan, Docket No. 2008-0124-PST-E on June 7, 2010 assessing $11,550 in administrative penalties.

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

TRD-201003249

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 9, 2010


Notice of Request for Public Comments and Notice of Two Public Meetings for Twenty-Six Total Maximum Daily Loads

The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment 26 draft total maximum daily loads (TMDLs) for indicator bacteria in the San Jacinto River Basin located in Harris and/or Fort Bend Counties. The segments and water bodies are as follows: 1) Four draft TMDLs in Halls Bayou Above Tidal and Tributaries, Segments 1006D, 1006I, and 1006J, 2) 13 draft TMDLs in Eastern Houston watersheds, Segments 1006F, 1006H, 1007F, 1007G, 1007H, 1007I, 1007K, 1007M, 1007O, and 1007R, 3) Five draft TMDLs in Brays Bayou Above Tidal and Tributaries, Segments 1007B, 1007C, 1007E, and 1007L, 4) Four draft TMDLs in Sims Bayou Above Tidal and Tributary, Segments 1007D and 1007N.

The TCEQ will conduct two public meetings in the Houston area to receive comments on the draft TMDLs. This announcement also constitutes notice that the TMDLs will become part of the State Water Quality Management Plan upon approval by the United States Environmental Protection Agency (EPA).

Texas is required to develop TMDLs for impaired water bodies included in the State of Texas Clean Water Act, §303(d) list of impaired water bodies. A TMDL is a detailed water quality assessment that provides the scientific foundation to allocate pollutant loads in a certain body of water in order to restore and maintain designated uses.

The TCEQ will conduct the following public meetings on the draft TMDLs for indicator bacteria:

A public comment meeting will be held for Sims Bayou Above Tidal and Tributary and Brays Bayou Above Tidal and Tributaries. The joint public comment meeting will be held on Tuesday, July 13, 2010 at 6:30 p.m. at the Jewish Community Center, 5601 South Braeswood in Houston, Texas 77096-3999.

A public comment meeting will be held for Halls Bayou Above Tidal and Tributaries and Eastern Houston watersheds. The joint public comment meeting will be held on Wednesday, July 14, 2010 at 6:30 p.m. at Denver Harbor Multi-Service Center Conference Room, #229, 6402 Market Street, in Houston, Texas 77020.

The purpose of the public meetings is to provide the public an opportunity to comment on the draft TMDLs.

The commission requests comment on each of the major components of the TMDL: problem definition, endpoint identification, source analysis, seasonal variation, linkage between sources and receiving waters, margin of safety, pollutant loading allocation, public participation, and implementation and reasonable assurances. After the public comment period, TCEQ staff may revise the TMDLs, if appropriate. A request will then be made that the final TMDLs be considered by the commission for adoption. Upon adoption of the TMDLs by the commission, the final TMDLs and a response to all comments received will be made available on the TCEQ Web site. The TMDLs will then be submitted to EPA Region 6 for final action by EPA. Upon approval by EPA, the TMDLs will be certified as an update to the State of Texas Water Quality Management Plan.

At these meetings individuals have the opportunity to present oral statements when called upon in order of registration. An agency staff member will give a brief presentation at the start of the meeting and will be available to answer questions before and after public comments have been received.

Written comments should be submitted to Jason Leifester, Water Quality Planning Division, Texas Commission on Environmental Quality, MC 203, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1414. All comments must be received by 5:00 p.m., Monday, July 19, 2010, and should reference, Houston Metro Area Total Maximum Daily Loads for Indicator Bacteria. Please specify which water body you are submitting comments for. For further information regarding the draft TMDLs, please contact Jason Leifester, Water Quality Planning Division, at (512) 239-6457 or jleifest@tceq.state.tx.us. Copies of the draft TMDL document will be available and can be obtained via the commission's Web site at: http://www.tceq.state.tx.us/implementation/water/tmdl/tmdlcalendar.html or by calling Earlene Lambeth at (512) 239-3129.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meetings should contact Earlene Lambeth at (512) 239-3129. Requests should be made as far in advance as possible.

TRD-201003217

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: June 7, 2010


Notice of Water Quality Applications

The following notice was issued on May 28, 2010 through June 4, 2010.

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

SOUTHERN CLAY PRODUCTS INC which operates Elm Grove Clay Mine, has applied for a major amendment to TCEQ Permit No. WQ0003405000 to authorize the relocation of the irrigation area, due to a loss of lease of adjacent mining areas to the south of the Miller Property. The current permit authorizes the disposal of groundwater seepage and storm water at an application rate not to exceed 2.2 acre-feet per acre per year on 37 acres. The draft permit authorize the relocation of the irrigation area and disposal of groundwater seepage and storm water at an application rate not to exceed 2.2 acre-feet/acre/year on 40 acres of Bermuda grass and ryegrass. This permit will not authorize a discharge of pollutants into water in the State. The facility is located on the Miller Property (Parcel 26760), on Brown Road approximately two and one-quarter mile east of Elm Grove (located on Farm-to-Market Road 1115), Fayette County, Texas 78941. The irrigation area is located in the south central area of the Miller property (Parcel 26760); west of the overburden stockpile and mine water retention pond.

CITY OF WEATHERFORD MUNICIPAL UTILITY BOARD OF TRUSTEES has applied for a renewal of TPDES Permit No. WQ0014198001, which authorizes the discharge of filter backwash water at a daily average flow not to exceed 636,000 gallons per day. The facility is located approximately 1,400 feet east and 2,100 feet south of the pump station at the dam of Lake Weatherford in Parker County, Texas 76087.

VALERO REFINING TEXAS LP which operates a petroleum refinery, has applied for a major amendment to TPDES Permit No. WQ0001909000 to authorize the discharge of filtration unit reject water, reverse osmosis reject water, cooling tower blowdown, and miscellaneous utility wastewaters via Outfalls 103/003; authorize the discharge of reverse osmosis reject water via Outfall 007; transfer the authorization to discharge process wastewater and associated effluent limitations to new internal Outfall 103 (which will be re-used on-site or discharged via final Outfall 003); removal of monitoring requirements for total zinc at Outfalls 002, 003, and 006; removal of Outfall 011 from the permit; and authorize the discharge of wastes accepted from offsite terminals and pipelines associated with the Valero Complex. The current permit authorizes storm water runoff, steam condensate, fire monitor water, and hydrostatic test water via Outfalls 001, 002, 004, 006, and 008 on an intermittent and flow variable basis; treated process wastewater (including chromium containing wastewater), area washdown water, ballast water, and storm water runoff via Outfall 003 at a daily average flow not to exceed 2,390,000 gallons per day; treated domestic wastewater via Outfall 005 at a daily average flow not to exceed 50,000 gallons per day; utility wastewaters, storm water runoff, and reject water from the Electrodialysis Reversal (EDR) Process via Outfall 007 at a daily average flow not to exceed 3,300,000 gallons per day; and storm water runoff via Outfall 011 on an intermittent and flow variable basis. The facility is located at 5900 Up River Road, at the intersection of Valero Way and Up River Road, in the City of Corpus Christi, Nueces County, Texas 78407.

NUSTAR TERMINALS PARTNERS TX LP which operates Texas City Terminal 1, has applied for a major amendment to TPDES Permit No. WQ0002109000 to authorize the addition of Outfall 007 for the discharge of storm water runoff, hydrostatic test water, steam condensate, and air conditioner condensate. The current permit authorizes the discharge of storm water runoff, hydrostatic test water, steam condensate, and air conditioner condensate on an intermittent and flow variable basis via Outfalls 001, 003, 004, 005, and 006; and the discharge of process wastewater, boiler blowdown, storm water runoff, and treated domestic wastewater at a daily average flow not to exceed 84,000 gallons per day via Outfall 002. The facility is located at 201 Main Dock Road, adjacent to Texas City Ship Channel Turning Basin in the City of Texas City, Galveston County, Texas 77590.

ORANGE COUNTY CONTAINER GROUP LLC which operates the Orange County Container Group Forney Plant, a recycling facility that recycles 100% old corrugated containers into corrugating medium and linerboard, has applied for a major amendment with renewal of Texas Land Application Permit No. WQ0002309000, for a major amendment with renewal of Texas Land Application Permit No. WQ0002309000, to add coating process wastewaters, authorize periodic pond water pH adjustment and odor control, and recognize that the facility has incorporated water redistribution and production changes. The current permit authorizes the disposal of coating process, linerboard process, and medium process wastewaters and storm water at an annual net flow not exceed 2,073,200 gallons per year to evaporation Pond Nos. 6 and 7b. This permit will not authorize a discharge of pollutants into water in the State. The facility and evaporation ponds are located approximately 4,000 feet east of the intersection of State Highway 80 (I-20) and Farm-to-Market Road 1641, and 2,000 feet south of State Highway 80 (I-20), and approximately one-mile east of the City of Forney, Kaufman County, Texas 75123.

CITY OF BIG SPRING has applied for a new permit, proposed TPDES Permit No. WQ0010069003, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 3,800,000 gallons per day. The facility was previously permitted under TPDES Permit No. WQ0010069001 which expired December 1, 2009. The facility is located on the north side of Eleventh Street, approximately 1,000 feet east of the intersection of Farm-to-Market Road 700 and Eleventh Street in Howard County, Texas 79720.

CITY OF BYERS has applied for a renewal of TPDES Permit No. WQ0010890001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 43,000 gallons per day. The facility is located approximately 400 feet east of Byers City Lake in the City of Byers and approximately 4,000 feet northwest of the intersection of Farm-to-Market Road 171 and State Highway 79 in Clay County, Texas 76357.

STEAMBOAT SHORES OWNERS ASSOCIATION has applied for a renewal of TPDES Permit No. WQ0013659001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 13,500 gallons per day. The facility is located on the south bank of Lake Fork Reservoir between Penson Spring Branch and Boardtree Branch, approximately 1.2 miles north of the intersection of Farm-to-Market Road 2946 and Farm-to-Market Road 515 in Rains County, Texas 75440.

CITY OF HOUSTON has applied for a renewal of Texas Pollution Discharge Elimination System (TPDES) Permit No. WQ0003523000, (TXL0050000) which authorizes the disposal of municipal water treatment plant sludge in a 22.98 acre water treatment plant sludge monofill. The facility is designed to handle approximately 100 cubic yards per day of water treatment plant sludge, with the estimated life of the facility being 25 years. This permit will not authorize a discharge of pollutants into waters in the State. The disposal site is located at 3100 Genoa-Red Bluff Road, adjacent to Ellington Air Force Base in Harris County, Texas 77034.

The following do not require publication in a newspaper. Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 30 DAYS OF THE ISSUED DATE OF THE NOTICE.

TEXAS PARKS AND WILDLIFE DEPARTMENT has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0011722001 to authorize the addition of disinfection by chlorination to address E. coli effluent limits. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The facility is located 4,000 feet northwest of the intersection of Farm-to-Market Road 3126 and State Park Road 65, and 500 feet west of Farm-to-Market Road 3126 in Polk County, Texas 77351.

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-201003247

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 9, 2010


Public Hearing on Proposed Revisions to 30 TAC Chapter 37

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 Texas Administrative Code (TAC) Chapter 37, Financial Assurance, §37.9105, under the requirements of Texas Health and Safety Code, §382.017; and Texas Government Code, Chapter 2001, Subchapter B.

The proposed rulemaking would remove the requirement that the environmental impairment insurance policy required of Class B sewage sludge operators must provide an automatic renewal option to the insured.

The commission will hold a public hearing on this proposal in Austin on July 15, 2010 at 10:00 a.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Charlotte Horn, Office of Legal Services at (512) 239-0779. Requests should be made as far in advance as possible.

Written comments may be submitted to Devon Ryan, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: http://www5.tceq.state.tx.us/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2010-014-037-AD. The comment period closes July 19, 2010. Copies of the proposed rulemaking can be obtained from the commission's Web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html. For further information, please contact Rob Norris, Financial Assurance Unit, (512) 239-6239.

TRD-201003112

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: June 4, 2010


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: Monthly Report due January 5, 2010 for Committees

Lawrence R. Leonard, Runnels County Healthcare Coalition, 396 Private Road 2882, Ballinger, Texas 76821-7512

Deadline: Semiannual Report due January 15, 2010 for Candidates and Officeholders

Frank J. Corte Jr., 4203 Honeycomb St., San Antonio, Texas 78230-1403

Deadline: Semiannual Report due January 15, 2010 for Committees

David Ramos, PMB #210, 2403 N. 10th St., Ste. B, McAllen, Texas 78501

Deadline: 30-Day Pre-Election Report due February 1, 2010 for Candidates and Officeholders

Clement E. Glenn, 104 Dove Trail, Navasota, Texas 77868-9602

Rick Melendrez, 3030 Altura Ave., El Paso, Texas 79930

Deadline: 8-Day Pre-Election Report due February 1, 2010 for Candidates and Officeholders

Clement E. Glenn, 104 Dove Trail, Navasota, Texas 77868-9602

Donald J. 'Don' Large, 5499 Braesvalley #466W, Houston, Texas 77096

Julie Iris Oldham, 4523 Allegheny Dr., San Antonio, Texas 78229

Deadline: Lobby Activities Report due January 11, 2010

Jean Campbell, 1717 Main St., Ste. 4600, Dallas, Texas 75201-4605

Mark R. Clark, 1600 State St., 3rd Fl., Houston, Texas 77007

Jerry Philips, Capitol Station, P.O. Box 13506, Austin, Texas 78711

Deadline: Personal Financial Statement due February 16, 2010

Leonard M. Martinez, 5803 Chesterfield Ave., Austin, Texas 78752

Nicholas R. Rodriguez, 325 Dagger Island, Corpus Christi, Texas 78418

Kathleen M. Shaw, 812 Parkside Dr., Cedar Hill, Texas 75104

TRD-201003110

David Reisman

Executive Director

Texas Ethics Commission

Filed: June 3, 2010


Office of the Governor

Defense Economic Adjustment Assistance Grant Solicitation to Retrain Defense Workers

The Texas Military Preparedness Commission (TMPC) is the recipient of $5 million in American Recovery and Reinvestment Act (ARRA) funds appropriated by the Texas Legislature in Senate Bill 1, General Appropriations Act, Article XII, §25 for the 2010-2011 biennium, to be used as part of its Texas Defense Economic Adjustment Assistance Grant (DEAAG) Program.

Use of Grant Proceeds:

The retraining of defense workers defined as veterans, disabled veterans, Department of Defense (DoD) uniformed and civilian personnel as well as non-DoD displaced civilian defense workers.

For the purchase or lease of equipment to be used to retrain defense workers.

Qualifying Entities:

A public junior college district all or part of which is located in a defense community in Texas, which has been adversely or positively affected by DoD action. More information is available below under "Basis for Eligibility."

A campus or extension center for education purposes of the Texas State Technical College System located in a defense community in Texas, which has been adversely or positively affected by DoD action. More information is available below under "Basis for Eligibility."

Please note that TMPC does not provide a list of eligible communities.

It is the responsibility of the applicant to demonstrate eligibility.

Targeted Population:

A veteran or disabled veteran.

Uniformed or civilian employee of the United States Department of Defense (DoD).

An employee of a government agency or private business, or entity providing a DoD related function, who is employed on a defense facility.

An employee of a business that provides contracted direct services or products to the DoD and whose job is directly dependent on defense expenditures.

Award Amount:

The minimum award is $50,000. The maximum award is $2 million.

Program Coverage:

ARRA funds provided under the Defense Economic Adjustment Assistance Grant Program must be expended in full no later than May 27, 2011. Leased equipment will not be funded through ARRA after May 27, 2011.

Documentation and Verification:

Applicants will be required to provide adequate documentation that ARRA grant awards are used in the retraining of defense workers through the purchase or leasing of related training equipment as defined above.

Awards are subject to all relevant federal and state monthly, quarterly and annual reporting requirements concerning the use of ARRA funds.

Application Process:

Applicants will need to access TMPC's application at the Office of the Governor's eGrants website at https://egrants.governor.state.tx.us to register and apply for funding.

Closing Date for Receipt of Applications:

All applications must be certified by the Authorized Official via eGrants website on or before 5:00 p.m. CST, July 26, 2010.

Contact the Texas Military Preparedness Commission at tmpc@governor.state.tx.us with any questions concerning this application. Questions must be received no later than July 15, 2010. Answers will be posted no later than July 19, 2010.

Questions received after July 15, 2010 will not be answered.

The scoring of the Competitive Grant Solicitation will consider the following factors.

It is the responsibility of the applicant to prove eligibility based on the criteria below.

Basis of Eligibility (13%) - CRITICAL FACTOR1

Adversely Affected Defense Community: The defense community in which the qualifying entity is located meets the requirements of an Adversely Affected Community, as defined in Texas Government Code §486.003(b), with consideration given to the size, scope and significance of any downturn in military mission or defense related economic business, OR

Positively Affected Defense Community: The defense community in which the qualifying entity is located meets the requirements of a Positively Affected Community, as defined in Texas Government Code §486.003(c), with consideration given to the size, scope and significance of any increase in military mission or defense related economic business

Area Impact (16%) - the impact of the United States DoD base realignment on the community as measured by the applicant's employment/unemployment information, considering community population and statewide unemployment figures

Target Population (22%) - the applicant's projected enrollment of targeted students in classes where DEAAG funds are to be used, with consideration given to the likelihood of achieving the projection as demonstrated by community demographics and applicant's recruitment strategy.

Definition of Targeted Students -

A veteran or disabled veteran;

Uniformed member of the Armed Services;

A United States Department of Defense (DoD) civilian employee; and

An employee of a business that provides contracted direct services or products to the DoD and whose job is directly dependent on defense expenditures.

Alignment with DEAAG Program Goals (22%) - the likelihood of achieving DEAAG Program Goals through the purchase of equipment for training, with favorable consideration for projects with the greatest impact toward achieving those goals

DEAAG Program Goals

The purpose of the Texas program is to assist Public Junior Colleges or a campus or extension of the Texas State Technical College System in the retraining of defense workers, including veterans, disabled veterans, DoD uniformed and civilian personnel and non-DoD displaced workers through the purchase or leasing of equipment for instructional purposes. Funding can be used to purchase or lease equipment for the purpose of (re)training displaced defense workers. The use of funds for the purchase of equipment only is a CRITICAL FACTOR.2

Project Funding Sources (11%) - the applicant's efforts to secure additional state or federal funding sources or efforts to secure financial partners, such as a local defense contractor, favoring schools that have acquired additional financial backing or secured a local partnership to support the class/project

Project Milestones (16%) - Dates for the purchase occurring before May 27, 2011 and the corresponding dates classes will start, with preference given to grants with earlier expenditures and those supporting classes already in progress or earlier start date.

1 Applicants must demonstrate their eligibility as an adversely-affected and/or positively-affected defense community in order to receive funding.

2 Funding may only be used for equipment purchases. Other expenditures included in the budget will not be funded and may cause the application to be reject.

TRD-201003208

Aaron Demerson

Executive Director, Economic Development and Tourism

Office of the Governor

Filed: June 7, 2010


Texas Health and Human Services Commission

Public Notice

The Texas Health and Human Services Commission (HHSC) intends to submit to the Centers for Medicare and Medicaid Services a request for an amendment to the Community Based Alternatives (CBA) waiver program, which is a Medicaid home and community-based services waiver program under the authority of §1915(c) of the Social Security Act. The CBA waiver program is currently approved for the five-year period beginning September 1, 2007, and ending August 31, 2012. The proposed effective date for the amendment is September 1, 2009.

The CBA waiver program offers home and community-based services to persons age 21 and older who qualify for nursing facility care and do not reside in either the 1915(c) STAR+PLUS waiver or Integrated Care Management waivers service areas. Services are offered in the participant's home, an adult foster care home, or a licensed assisted living facility. Personal assistance services and respite are delivered using both provider-managed and participant-directed service delivery methods.

This amendment adds additional slots to the waiver program, documents the use of Individual Responsibility Agreements, and updates terminology throughout the waiver application.

HHSC is requesting that the waiver amendment be approved for the period beginning September 1, 2009, through August 31, 2012. This amendment maintains cost effectiveness for waiver years 2009 through 2012.

To obtain copies of the proposed waiver amendment, interested parties may contact Christine Longoria by mail at Texas Health and Human Services Commission, P.O. Box 85200, mail code H-620, Austin, Texas 78708-5200, phone (512) 491-1152, fax (512) 491-1957, or by e-mail at Christine.Longoria@hhsc.state.tx.us.

TRD-201003224

Steve Aragon

Chief Counsel

Texas Health and Human Services Commission

Filed: June 8, 2010


Department of State Health Services

Licensing Actions for Radioactive Materials

TRD-201003138

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: June 7, 2010


Texas Department of Housing and Community Affairs

Notice of Funding Availability

I. Source of Housing Trust Funds.

The Housing Trust Fund was established by the 72nd Legislature, Senate Bill 546, §2306.201 of the Texas Government Code, to create affordable housing for low and very low income individuals and families. Funding sources consist of appropriations or transfers made to the fund, unencumbered fund balances, and public or private gifts, grants, or donations.

II. Notice of Funding Availability (NOFA).

The Texas Department of Housing and Community Affairs ("the Department") announces the availability of up to $1,682,150 in funding from the 2010-2011 Housing Trust Fund (HTF) appropriation for the Homebuyer Assistance ("HBA") Program through the HTF Homeownership Program. The Program provides down payment, gap financing, and closing cost assistance for the acquisition of affordable single family housing that will be a primary residence.

HTF Homebuyer Assistance serves eligible Veterans and first-time homebuyers with a projected income of 80% or less of the Area Median Family Income (AMFI), as defined by the Department.

III. Applicant Eligibility.

Applicants must meet the qualifications of the NOFA and must be Units of Local Government, Nonprofit Organizations, Public Housing Authorities, or a partnership of several such entities.

IV. Funding Reservation Process.

To access funds, eligible Applicants must apply for approval to participate in the Funding Reservation Process in which approved Administrators may reserve funds on a first-come, first-served basis. Contracts will be required for participation in the Funding Reservation Process described in the Notice of Funding Availability.

V. Application Deadline and Availability.

The HTF Homebuyer Assistance Program NOFA is posted on the Department's website: http://www.tdhca.state.tx.us/htf/index.htm and organizations on the Department's list serve will receive an e-mail notification that the NOFA is available on the Department's web-site.

VI. Deadline for Receipt.

Eligible Applicants may apply for approval starting on Friday, June 4, 2010. The Department will accept applications on regular business days until all funds have been committed in the system, or until Friday, December 3, 2012 regardless of method of delivery.

Mailing Address:

Ms. Glynis Laing, Housing Trust Fund Program Specialist

Housing Trust Fund Division

Texas Department of Housing and Community Affairs

P.O. Box 13941

Austin, Texas 78711-3941

(All U.S. Postal Service including Express)

Courier Delivery:

221 East 11th Street, 1st Floor

Austin, Texas 78701

(FedEx, UPS, Overnight, etc.)

Hand Delivery: If you are hand delivering the application, contact Glynis Laing at (512) 936-7800 (Glynis.Laing@tdhca.state.tx.us) or Dee Copeland Patience at (512) 475-2567 (Dee.Copeland@tdhca.state.tx.us) when you arrive at the lobby of our building for application acceptance.

Questions. Questions pertaining to the content of the HTF Homebuyer Assistance Program NOFA may be directed to Glynis Laing at (512) 936-7800 (Glynis.Laing@tdhca.state.tx.us) or Dee Copeland Patience at (512) 475-2567 (Dee.Copeland@tdhca.state.tx.us).

TRD-201003222

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 7, 2010


Notice of Funding Availability

I. Source of Housing Trust Funds.

The Housing Trust Fund was established by the 72nd Legislature, Senate Bill 546, §2306.201 of the Texas Government Code, to create affordable housing for low and very low income individuals and families. Funding sources consist of appropriations or transfers made to the fund, unencumbered fund balances, and public or private gifts, grants, or donations.

II. Notice of Funding Availability (NOFA).

The Texas Department of Housing and Community Affairs ("the Department") announces the availability of up to $2,000,000 in funding from the 2010-2011 Housing Trust Fund (HTF) appropriation for the Veterans Rental Assistance ("VRA") Program through the HTF Texas Veterans Housing Support Program. The Program provides eligible tenant households with monthly rental subsidies, security deposits, utility deposits, and monthly utility subsidies (if applicable).

HTF Veterans Rental Assistance serves eligible Veterans with a projected income of 80% or less of the Area Median Family Income (AMFI), as defined by the Department.

III. Applicant Eligibility.

Applicants must meet the qualifications of the NOFA and must be Units of Local Government, Nonprofit Organizations, Public Housing Authorities, or a partnership of several such entities.

IV. Funding Reservation Process.

To access funds, eligible Applicants must apply for approval to participate in the Funding Reservation Process in which approved Administrators may reserve funds on a first-come, first-served basis. Contracts will be required for participation in the Funding Reservation Process described in the Notice of Funding Availability.

V. Application Deadline and Availability.

The HTF Veterans Rental Assistance Program NOFA is posted on the Department's website: http://www.tdhca.state.tx.us/htf/index.htm and organizations on the Department's list serve will receive an e-mail notification that the NOFA is available on the Department's web-site.

VI. Deadline for Receipt.

Eligible Applicants may apply for approval starting on Friday, June 4, 2010. The Department will accept applications on regular business days until all funds have been committed in the system, or until Friday, December 3, 2012 regardless of method of delivery.

Mailing Address:

Ms. Glynis Laing, Housing Trust Fund Program Specialist

Housing Trust Fund Division

Texas Department of Housing and Community Affairs

P.O. Box 13941

Austin, Texas 78711-3941

(All U.S. Postal Service including Express)

Courier Delivery:

221 East 11th Street, 1st Floor

Austin, Texas 78701

(FedEx, UPS, Overnight, etc.)

Hand Delivery: If you are hand delivering the application, contact Glynis Laing at (512) 936-7800 (Glynis.Laing@tdhca.state.tx.us) or Dee Copeland Patience at (512) 475-2567 (Dee.Copeland@tdhca.state.tx.us) when you arrive at the lobby of our building for application acceptance.

Questions. Questions pertaining to the content of the HTF Veterans Rental Assistance Program NOFA may be directed to Glynis Laing at (512) 936-7800 (Glynis.Laing@tdhca.state.tx.us) or Dee Copeland Patience at (512) 475-2567 (Dee.Copeland@tdhca.state.tx.us).

TRD-201003223

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 7, 2010


Texas Lottery Commission

Notice of Public Comment Hearing

A public hearing to receive public comments regarding proposed amendments to 16 TAC §401.315 relating to "Mega Millions" On-Line Game Rule will be held on Tuesday, June 29, 2010, at 10:00 a.m. at 611 E. 6th Street, Austin, Texas 78701. Persons requiring any accommodation for a disability should notify Michelle Guerrero, Executive Assistant to the General Counsel, and Texas Lottery Commission at (512) 344-5113 at least 72 hours prior to the public hearing.

TRD-201003246

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 9, 2010


Texas Public Finance Authority

Notice of Public Hearing

Texas Public Finance Authority Charter School Finance Corporation

Education Revenue Bonds (Evolution Academy Charter School) Series 2010

Notice is hereby given of a public hearing to be held on behalf of the Texas Public Finance Authority Charter School Finance Corporation (the "Issuer"), on Friday, July 2, 2010, at 10:00 a.m. in the Texas Public Finance Authority Conference Room, Suite 411, William P. Clements State Office Building, 300 W. 15th St., Austin, Texas 78701, with respect to the captioned bonds (the "Bonds") to be issued in a principal amount not to exceed $7,000,000 by the Issuer.

The proceeds of the Bonds will be loaned to Evolution Academy, a Texas non-profit corporation (the "School") to pay the costs of certain educational facilities, as follows: (i) financing certain costs for site improvements, design, construction, renovation, and/or equipment of educational facilities at the campus located at 1099 S. Sherman, Richardson, Texas 75081, including the construction, renovation and rehabilitation of an approximately 22,050 square foot building to include an auditorium, a dropout prevention center with a science center and math and reading labs, and a commercial kitchen (the "Project"); (ii) refinancing a loan in the original principal amount of $2,500,000, the proceeds of which were used for the acquisition and renovation of the property located at 1101 S. Sherman, Richardson, Texas 75081; (iii) refinancing a loan in the original principal amount of $900,000, the proceeds of which were used for the acquisition of the property located at 1099 S. Sherman, Richardson, Texas 75081; (iv) funding a debt service reserve fund or the purchase of a reserve fund surety policy or reserve fund guaranty; (v) paying capitalized interest on the Bonds; and (vi) paying a portion of the costs of issuance of the Bonds. The initial and exclusive operator of the Project and the educational facilities is and will be the School.

The public hearing will be conducted by Susan Durso, General Counsel to the Texas Public Finance Authority, or her designee (the "Hearing Officer"). All interested persons are invited to attend such public hearing to express their views with respect to the above-described project and the Bonds. Questions or requests for additional information may be directed to Janet Vaughan Robertson, Esq. at telephone number (713) 758-2797. Any interested persons unable to attend the hearing may submit their views in writing to Ms. Robertson prior to the date scheduled for the hearing, at fax number (713) 615-5797.

TRD-201003254

Susan Durso

General Counsel

Texas Public Finance Authority

Filed: June 9, 2010


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 June 2, 2010, 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 38325 before the Public Utility Commission of Texas.

The requested amendment is to expand the service area footprint to include Vidor, 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 (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) (800) 735-2989. All inquiries should reference Project Number 38325.

TRD-201003213

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 7, 2010


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on June 1, 2010, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).

Docket Title and Number: Application of Matrix Telecom, Inc. d/b/a Trinsic Communications for a Service Provider Certificate of Operating Authority, Docket Number 38323.

Applicant intends to provide facilities-based and resold telecommunications services.

Applicant's requested SPCOA geographic area includes the entire State of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 25, 2010. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 38323.

TRD-201003212

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 7, 2010


Notice of Application for Waiver of Denial of Numbering Resources

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on June 4, 2010, for waiver of denial by the Pooling Administrator (PA) of Southwestern Bell Telephone Company d/b/a AT&T Texas' (AT&T Texas) request for assignment of ten thousand-block of numbers on behalf of its customer, Harris County Information Technology Center, in the 713 NPA, in the Houston rate center.

Docket Title and Number: Petition of AT&T Texas for Waiver of Denial of Numbering Resources for Houston Rate Center, Docket Number 38332.

The Application: AT&T Texas submitted an application to the PA for the requested blocks in accordance with the current guidelines. The PA denied the request because AT&T Texas did not meet the months-to-exhaust and utilization criteria established by the Federal Communications Commission.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than June 25, 2010. Hearing and speech impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at (800) 735-2989. All comments should reference Docket Number 38332.

TRD-201003244

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 9, 2010


Notice of Application for Waiver of Denial of Numbering Resources

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on June 4, 2010, for waiver of denial by the Pooling Administrator (PA) of Southwestern Bell Telephone Company d/b/a AT&T Texas' (AT&T Texas) request for assignment of one (1) thousand-block of numbers on behalf of its customer, Conroe Independent School District in the 281 NPA, in the Spring rate center.

Docket Title and Number: Petition of AT&T Texas for Waiver of Denial of Numbering Resources for Spring Rate Center, Docket Number 38333.

The Application: AT&T Texas submitted an application to the PA for the requested blocks in accordance with the current guidelines. The PA denied the request because AT&T Texas did not meet the months-to-exhaust and utilization criteria established by the Federal Communications Commission.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than June 25, 2010. Hearing and speech impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at (800) 735-2989. All comments should reference Docket Number 38333.

TRD-201003245

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 9, 2010


Notice of Application to Relinquish a Service Provider Certificate of Operating Authority

On June 1, 2010, Syniverse Technologies, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60765. Applicant intends to relinquish its certificate.

The Application: Application of Syniverse Technologies, Inc. to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 38322.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 25, 2010. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 38322.

TRD-201003211

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 7, 2010


Public Notice of Hearing

The Public Utility Commission of Texas (commission) will hold an open meeting/hearing regarding Project No. 37623 - Rulemaking Proceeding to Amend Energy Efficiency Rules and Project No. 35792 - Rulemaking Relating to the Goal for Renewable Energy. The open meeting/hearing will begin at 10:00 a.m. on Wednesday, June 30, 2010, in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701.

Questions concerning the workshop or this notice should be referred to Theresa Gross at (512) 936-7367 or David Smithson at (512) 936-7156, Competitive Markets Division. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-201003239

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 8, 2010