In Addition

Cancer Prevention and Research Institute of Texas

Request for Applications

P-13-CPMG1 Cancer Prevention Microgrants

The Cancer Prevention and Research Institute of Texas (CPRIT) seeks grant applications from qualified organizations in the State of Texas that propose programs focusing on improving systems and removing barriers that will increase the delivery of primary preventive services for all cancers and/or screening services. The purpose of this grant mechanism is to support organizations proposing evidence-based strategies in areas of the State that have populations with great need or high incidence and/or mortality rates, but lack the infrastructure to carry out prevention programs or services that are larger in scope. For Microgrants, CPRIT will consider measurable outcomes on a project-specific basis. Successful applicants are eligible for a grant award of up to $150,000 in direct costs for up to 24 months.

A request for applications titled Cancer Prevention Microgrants is available online at www.cprit.state.tx.us. Applications will be accepted beginning at 7:00 a.m. CST on June 21, 2012, and must be submitted via the CPRIT Application Receipt System (www.CPRITGrants.org). Only applications submitted at this portal will be considered eligible for evaluation. Applications are due on or before 3:00 p.m. CST on Tuesday, August 28, 2012. CPRIT will not accept late applications or applications that are not submitted via the portal.

TRD-201203063

William "Bill" Gimson

Executive Director

Cancer Prevention and Research Institute of Texas

Filed: June 13, 2012


Request for Applications

P-13-EBP1 Evidence-Based Cancer Prevention Services

The Cancer Prevention and Research Institute of Texas (CPRIT) seeks grant applications from qualified organizations located in the State of Texas that propose to deliver evidence-based services in at least one of the following cancer prevention and control areas: 1) Primary cancer prevention (e.g. vaccine-conferred immunity, tobacco cessation); 2) Secondary prevention (e.g., screening/early detection for breast, cervical, and/or colorectal cancer); or 3) Tertiary prevention (e.g., survivorship services such as physical rehabilitation/therapy, psychosocial interventions, navigation services, palliative care). Comprehensive projects that include a continuum of services comprised of all or some of the following are preferred: Public and/or professional education and training, patient outreach, delivery of prevention and screening services, follow-up navigation, and survivorship services. CPRIT expects measurable outcomes of supported activities. Successful applicants are eligible for a grant award of up to $1.5 million in direct costs for up to 36 months.

A request for applications titled Evidence-Based Cancer Prevention Services is available online at www.cprit.state.tx.us. Applications will be accepted beginning at 7:00 a.m. CST on June 21, 2012, and must be submitted via the CPRIT Application Receipt System (www.CPRITGrants.org). Only applications submitted at this portal will be considered eligible for evaluation. Applications are due on or before 3:00 p.m. CST on Tuesday, August 28, 2012. CPRIT will not accept late applications or applications that are not submitted via the portal.

TRD-201203064

William "Bill" Gimson

Executive Director

Cancer Prevention and Research Institute of Texas

Filed: June 13, 2012


Request for Applications

P-13-PE1 Health Behavior Change Through Public Education

The Cancer Prevention and Research Institute of Texas (CPRIT) seeks grant applications from qualified organizations located in the State of Texas that propose health promotion, education, and outreach for prevention, early detection, and survivorship of cancer for the public that, if successful, would increase the number of persons who improve their health behaviors related to the prevention of cancer, obtain recommended cancer screening tests, have cancers detected at earlier stages, and improve their quality of life if they are survivors of cancer. CPRIT expects measurable outcomes of supported activities. Successful applicants are eligible for a grant award of up to $300,000 in direct costs for up to 36 months.

A request for applications titled Health Behavior Change Through Public Education is available online at www.cprit.state.tx.us. Applications will be accepted beginning at 7:00 a.m. CST on June 21, 2012, and must be submitted via the CPRIT Application Receipt System (www.CPRITGrants.org). Only applications submitted at this portal will be considered eligible for evaluation. Applications are due on or before 3:00 p.m. CST on Tuesday, August 28, 2012. CPRIT will not accept late applications or applications that are not submitted via the portal.

TRD-201203065

William "Bill" Gimson

Executive Director

Cancer Prevention and Research Institute of Texas

Filed: June 13, 2012


Comptroller of Public Accounts

Notice of Coastal Protection Fee Suspension

The Comptroller of Public Accounts, administering agency for the collection of the Coastal Protection Fee, has received certification from the Commissioner of the General Land Office that the balance in the Coastal Protection Fund has exceeded the maximum amount allowed by law.

Pursuant to Natural Resource Code, §40.155 and §`40.156, the comptroller hereby provides notice of the suspension of the coastal protection fee effective July 1, 2012.

No fee shall be collected or required to be paid on crude oil transferred to or from a marine terminal on or after July 1, 2012, or until notice of the reinstatement of the fee is published in the Texas Register.

Inquiries should be directed to Bryant Lomax, Manager, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711.

TRD-201202924

Ashley Harden

General Counsel

Comptroller of Public Accounts

Filed: June 8, 2012


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 06/18/12 - 06/24/12 is 18% for Consumer 1Agricultural/Commercial2 credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/18/12 - 06/24/12 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-201203042

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: June 11, 2012


Court of Criminal Appeals

Availability of Grant Funds

The Court of Criminal Appeals announces the availability of funds to be provided in the form of grants to entities for the purpose of providing continuing legal education courses, programs, and technical assistance projects for prosecutors, prosecutor office personnel, criminal defense attorneys who regularly represent indigent defendants in criminal matters, clerks, judges, and other court personnel of the appellate courts, district courts, county courts at law, county courts, justice courts and municipal courts of this State, or other persons as provided by statute.

The Court of Criminal Appeals also announces the availability of funds to be provided in the form of grants to entities for the purpose of providing continuing legal education courses, programs, and technical assistance projects on actual innocence for law enforcement officers, law students, criminal defense attorneys, prosecuting attorneys, judges, or other persons as provided by statute.

Funds are subject to the provisions of Chapter 56 of the Texas Government Code and the General Appropriations Act. The grant period is September 1, 2012 through August 31, 2013. The deadline for applications is July 1, 2012. To request an application packet or more information, please contact the Judicial Education Section of the Texas Court of Criminal Appeals:

205 West 14th Street, Suite 103

Austin, TX 78701

(512) 475-2312

judicial.education@cca.courts.state.tx.us

www.cca.courts.state.tx.us/jcptfund/jcptfundhome.asp

TRD-201203029

Louise Pearson

Clerk of the Court

Court of Criminal Appeals

Filed: June 11, 2012


Texas Council for Developmental Disabilities

Notice of Availability of Funds for Outreach and Development Projects

The Texas Council for Developmental Disabilities (TCDD) announces the continued availability of funds for up to 5 projects to support organizations representing people who are black/African American, Hispanic/Latino, Asian, or Native American to address the need for culturally competent services and supports for people with developmental disabilities. To receive a grant, the majority of the members and/or the leadership of the applicant organization must belong to one of these ethnic/racial groups. Organizations may apply for only one of these grants.

The Council has approved funding for up to $10,000 per project per year, for up to 1 year, for the projects funded under this Announcement. Funds available for this project are provided to TCDD by the U.S. Department of Health and Human Services, Administration on Intellectual and Developmental Disabilities, pursuant to the Developmental Disabilities Assistance and Bill of Rights Act. Funding for the project is dependent on the results of a review process established by the Council and on the availability of funds. Non-federal matching funds of at least 10% of the total project costs are required for projects in federally designated poverty areas. Non-federal matching funds of at least 25% of total project costs are required for projects in other areas.

Additional information concerning this Request for Proposals (RFP) or more information about TCDD may be obtained through TCDD's website at http://www.txddc.state.tx.us. All questions pertaining to this RFP should be directed to Joanna Cordry, Planning Coordinator, at (512) 437-5410 or via email to Joanna.Cordry@tcdd.state.tx.us, or to Cynthia Ellison, Senior Grants Specialist, at (512) 437-5436 or via email to Cynthia.Ellison@tcdd.state.tx.us. Application packets must be requested in writing or downloaded from the Internet.

Deadline: One hard copy, with original signatures, and one electronic copy must be submitted. There is no submission deadline; proposals will be considered as long as funds are available. Proposals may be delivered by hand or mailed to TCDD at 6201 East Oltorf, Suite 600, Austin, TX 78741-7509, to the attention of Jerianne Barnard. Faxed proposals cannot be accepted. Electronic copies should be addressed to Jerianne.Barnard@tcdd.state.tx.us.

TRD-201202942

Roger Webb

Executive Director

Texas Council for Developmental Disabilities

Filed: June 8, 2012


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 (TWC), §7.075. TWC, §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. TWC, §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 23, 2012. TWC, §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 23, 2012. 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, TWC, §7.075 provides that comments on the AOs shall be submitted to the commission in writing.

(1) COMPANY: AAA & Family, L.L.C. dba Tommy's Drive In; DOCKET NUMBER: 2012-0178-PST-E; IDENTIFIER: RN101663474; LOCATION: Bryan, Brazos County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor underground storage tanks for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $1,875; ENFORCEMENT COORDINATOR: Audra Benoit, (409) 899-8799; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(2) COMPANY: Baker Hughes Oilfield Operations, Incorporated; DOCKET NUMBER: 2012-0056-PWS-E; IDENTIFIER: RN102149002; LOCATION: Hempstead, Waller County; TYPE OF FACILITY: oilfield services company with a public water supply; RULE VIOLATED: 30 TAC §290.109(c)(4)(B), by failing to collect one raw groundwater source escherichia coli sample from the facility's well within 24 hours of notification of a distribution total coliform-positive sample during the month of September 2011; 30 TAC §290.109(c)(3)(A)(ii), by failing to collect a set of repeat distribution coliform samples within 24 hours of being notified of a total coliform-positive result on a routine sample during the month of September 2011; 30 TAC §290.106(e), by failing to timely report the results of annual nitrate sampling to the executive director; 30 TAC §290.106(e), by failing to report the results of triennial inorganic sampling to the executive director; and 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to timely submit a Disinfectant Level Quarterly Operating Report to the executive director each quarter by the tenth day of the month following the end of the quarter; PENALTY: $1,015; ENFORCEMENT COORDINATOR: Andrea Linson, (512) 239-1482; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Blue Bell Manor Utility Company, Incorporated and Magna Flow Environmental Management, Incorporated; DOCKET NUMBER: 2012-0235-MWD-E; IDENTIFIER: RN101919231; LOCATION: Houston, Harris County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0011473001, Final Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $3,015; ENFORCEMENT COORDINATOR: Jacquelyn Green, (512) 239-2587; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: City of Leander; DOCKET NUMBER: 2011-2089-MWD-E; IDENTIFIER: RN101917722; LOCATION: Leander, Williamson County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: TWC, §26.121, 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0012644001, Permit Conditions Number 2.g, by failing to prevent the unauthorized discharges of wastewater from a collection system into water in the state; and TWC, §26.121(a)(1), 30 TAC §305.125(1), and TPDES Permit Number WQ0012644001, Final Effluent Limitations and Monitoring Requirements Numbers 1 and 2, by failing to comply with the permitted effluent limits; PENALTY: $33,000; Supplemental Environmental Project offset amount of $33,000 applied to Household Hazardous Waste, Municipal Solid Waste, and Tire Collection Event; ENFORCEMENT COORDINATOR: Jeremy Escobar, (361) 825-3422; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753-1808, (512) 339-2929.

(5) COMPANY: City of Valley View; DOCKET NUMBER: 2012-0282-MWD-E; IDENTIFIER: RN101524338; LOCATION: Valley View, Cooke County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0014892001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permit effluent limits; PENALTY: $4,388; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Energy Corporation of America; DOCKET NUMBER: 2011-2327-AIR-E; IDENTIFIER: RN106176720; LOCATION: Richmond, Fort Bend County; TYPE OF FACILITY: oil and gas production site; RULE VIOLATED: 30 TAC §115.112(d)(1) and Texas Health and Safety Code (THSC), §382.085(b), by failing to route flashed gases from the storage tanks to a vapor recovery system or a control device; 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by failing to obtain authorization to construct and operate a source of air emissions; and 30 TAC §122.121 and §122.130(b) and THSC, §382.054 and §382.085(b), by failing to obtain a federal operating permit; PENALTY: $16,521; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 403-4006; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: FOURTH QUARTER PROPERTIES 140, LLC; DOCKET NUMBER: 2012-0638-EAQ-E; IDENTIFIER: RN106301054; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: car wash construction site; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain authorization prior to beginning regulated activities over the Edwards Aquifer Contributing Zone; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Jorge Ibarra, P.E., (817) 588-5890; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(8) COMPANY: HOUSTON COUNTRY CLUB; DOCKET NUMBER: 2012-0725-PST-E; IDENTIFIER: RN102013802; LOCATION: Houston, Harris County; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §334.50(b)(2), and TWC, §26.3475(a), by failing to provide release detection for the piping associated with the underground storage tanks; PENALTY: $2,625; ENFORCEMENT COORDINATOR: Brianna Carlson, (956) 430-6021; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: Kemp Independent School District; DOCKET NUMBER: 2012-0140-PST-E; IDENTIFIER: RN101443752; LOCATION: Kemp, Kaufman County; TYPE OF FACILITY: fleet fueling; RULE VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(b), by failing to provide proper release detection for the piping associated with the underground storage tank system; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Audra Benoit, (409) 899-8799; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: Ken Batchelor Cadillac Company, Incorporated; DOCKET NUMBER: 2012-0583-PST-E; IDENTIFIER: RN103026258; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: car dealership; RULE VIOLATED: 30 TAC §334.8(c)(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 at least 30 days before the expiration date; and 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: $2,990; ENFORCEMENT COORDINATOR: Lanae Foard, (512) 239-2554; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(11) COMPANY: KINCHELOE OIL COMPANY; DOCKET NUMBER: 2012-0360-PST-E; IDENTIFIER: RN101548865; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(b), by failing to provide release detection for the suction piping associated with the underground storage tank; PENALTY: $2,017; ENFORCEMENT COORDINATOR: Brianna Carlson, (956) 430-6021; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: Liberty Tire Recycling, LLC; DOCKET NUMBER: 2011-2262-MSW-E; IDENTIFIER: RN104370275; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: scrap tire storage; RULE VIOLATED: 30 TAC §§328.56(d)(2), 328.59(a), and 328.60(a), by failing to obtain a scrap tire storage site registration for the facility prior to storing more than 500 used or scrap tires on the ground or 2,000 used or scrap tires in trailers, or in enclosed or lockable containers; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Mike Pace, (817) 588-5933; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(13) COMPANY: Lloyd Earl Hunt; DOCKET NUMBER: 2012-0141-MSW-E; IDENTIFIER: RN106021231; LOCATION: Creedmoor, Travis County; TYPE OF FACILITY: unauthorized waste disposal site; RULE VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $1,187; ENFORCEMENT COORDINATOR: Mike Pace, (817) 588-5933; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753-1808, (512) 339-2929.

(14) COMPANY: Mark A. Clampitt; DOCKET NUMBER: 2012-0035-LII-E; IDENTIFIER: RN103431623; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: irrigation and landscape business; RULE VIOLATED: 30 TAC §344.62(f), by failing to install the irrigation system at matched precipitation rates; PENALTY: $127; ENFORCEMENT COORDINATOR: Heather Podlipny, (512) 239-2603; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: Maverick County; DOCKET NUMBER: 2012-0283-MSW-E; IDENTIFIER: RN104154240; LOCATION: Eagle Pass, Maverick County; TYPE OF FACILITY: municipal solid waste landfill; RULE VIOLATED: 30 TAC §37.131 and §37.271(5), by failing to demonstrate acceptable financial assurance that meets the requirements of the local government financial test and inflation adjustments; and Texas Health and Safety Code, §367.010 and §382.0621 and TWC, §5.702, by failing to pay outstanding On-site Wastewater Treatment Research Council and Air Emissions fees for TCEQ Financial Account Numbers 0620138 and 21009550; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(16) COMPANY: MDM FARM SUPPLY & SERVICE, INCORPORATED; DOCKET NUMBER: 2012-0656-PST-E; IDENTIFIER: RN101444933; LOCATION: Spearman, Hansford County; TYPE OF FACILITY: farm supply store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide proper release detection for the pressurized piping associated with the underground storage tanks; PENALTY: $2,383; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(17) COMPANY: Mohammad Sajjad dba Helena Drive In; DOCKET NUMBER: 2012-0177-PST-E; IDENTIFIER: RN101778538; LOCATION: Nederland, Jefferson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and Texas Health and Safety Code (THSC), §382.085(b), by failing to verify proper operation of the Stage II equipment at least once every 12 months and the Stage II vapor space manifolding and dynamic back pressure at least once every 36 months or upon major system replacement or modification, whichever occurs first; 30 TAC §115.246(1) and THSC, §382.085(b), by failing to maintain the Stage II records at the station and making them immediately available for review upon request by agency personnel; 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that at least one station representative received training in the operation and maintenance of the Stage II vapor recovery system, and each current employee receives in-house Stage II vapor recovery training regarding the purpose and correct operation of the Stage II equipment; and 30 TAC §115.244(2) and (3) and THSC, §382.085(b), by failing to conduct daily and monthly inspections of the Stage II vapor recovery system; PENALTY: $7,176; ENFORCEMENT COORDINATOR: Clinton Sims, (512) 239-6933; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(18) COMPANY: Molly-Jack Moser Waldrop; DOCKET NUMBER: 2012-0209-MSW-E; IDENTIFIER: RN105888135; LOCATION: Menard, Menard County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) disposal site; RULE VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of MSW; PENALTY: $1,070; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (325) 655-9479.

(19) COMPANY: Montgomery County Municipal Utility District Number 89; DOCKET NUMBER: 2011-1214-MWD-E; IDENTIFIER: RN102335346; LOCATION: Montgomery County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0013985001, Permit Condition Number 2.d., TWC, §26.121(a)(1) and 30 TAC §305.125(4), by failing to prevent the unauthorized discharge of sludge into the receiving stream; TWC, §26.039(b) and TPDES Permit Number WQ0013985001, Monitoring and Reporting Requirements Numbers 7.a. and 7.c., by failing to submit noncompliance notifications to the TCEQ regional office within 24 hours of unauthorized discharges and within five working days of any effluent violations which deviate from the permitted effluent limitations; and TPDES Permit Number WQ0013985001, Effluent Limitations and Monitoring Requirements Number 1, 30 TAC §305.125(1) and TWC, §26.121(a), by failing to comply with permitted effluent limits; PENALTY: $17,500; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5886; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(20) COMPANY: Nido, LTD dba Beck Landfill; DOCKET NUMBER: 2012-0292-MSW-E; IDENTIFIER: RN102310968; LOCATION: Schertz, Guadalupe County; TYPE OF FACILITY: municipal solid waste landfill; RULE VIOLATED: 30 TAC §330.121 and §330.401, by failing to submit required permit modifications; and 30 TAC §330.171 and §330.5(a)(2), by failing to prevent the unauthorized disposal of waste; PENALTY: $10,625; ENFORCEMENT COORDINATOR: Brianna Carlson, (956) 430-6021; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(21) COMPANY: Palo Duro Service Company, Incorporated; DOCKET NUMBER: 2011-2318-PWS-E; IDENTIFIER: RN101185684; LOCATION: Weatherford, Parker County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(n)(2), by failing to provide an accurate and up-to-date map of the distribution system so that valves and mains can be easily located during emergencies; 30 TAC §290.39(h)(1), (j)(1)(A) and (D), and Texas Health and Safety Code (THSC), §341.0351, by failing to notify and receive approval from the executive director prior to making any significant change or addition to the system's production, treatment, storage, pressure maintenance, or distribution facilities; 30 TAC §290.45(b)(1)(C)(i) and THSC, §341.0315(c), by failing to provide a minimum well capacity of 0.6 gallons per minute per connection; 30 TAC §290.109(c)(1)(A), by failing to collect routine distribution coliform samples at active service connections which are representative of water quality throughout the distribution system; 30 TAC §290.44(a)(1) and (2), by failing to ensure that all newly installed pipes and related products conform to the American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 61 and bear the NSF seal of approval, or conform to other executive director approved standards; 30 TAC §290.46(v), by failing to securely install all water system electrical wiring in compliance with a local or national electrical code; 30 TAC §290.46(m)(4), by failing to maintain all water treatment units, storage, and pressure maintenance facilities, distribution system lines, and related appurtenances in a watertight condition; 30 TAC §290.121(a) and (b), by failing to develop and 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 facility will use to comply with the monitoring requirements; and 30 TAC §290.46(j), by failing to complete a customer service inspection certificate prior to providing continuous service to new construction, or after any material improvement, correction, or addition to the facility; PENALTY: $3,630; ENFORCEMENT COORDINATOR: Andrea Linson, (512) 239-1482; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(22) COMPANY: PHUQUY ENTERPRISES, INCORPORATED dba Shop or Buy; DOCKET NUMBER: 2012-0337-PST-E; IDENTIFIER: RN104264049; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tank for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $2,000; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(23) COMPANY: Robert Stanley Edwards; DOCKET NUMBER: 2012-0933-WOC-E; IDENTIFIER: RN101701316; LOCATION: Cleburne, Johnson County; TYPE OF FACILITY: individual; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $175; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(24) COMPANY: SAWANI ENTERPRISES, INCORPORATED dba Handi Stop 106; DOCKET NUMBER: 2012-0532-PST-E; IDENTIFIER: RN104162649; LOCATION: Katy, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide proper release detection for the pressurized piping associated with the underground storage tanks; PENALTY: $1,755; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(25) COMPANY: Shell Pipeline Company LP; DOCKET NUMBER: 2011-2227-AIR-E; IDENTIFIER: RN102027174; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: petroleum storage and transfer; RULE VIOLATED: 30 TAC §101.201(a)(1)(B) and §122.143(4), Texas Health and Safety Code (THSC), §382.085(b), and Federal Operating Permit (FOP) Number O2733, General Terms and Conditions (GTC), by failing to submit the initial notification for Incident Number 157001 within 24 hours of discovery; and 30 TAC §§106.6 (b), 116.715(a) and (c)(7), and 122.143(4), THSC, §382.085(b), FOP Number O2733, GTC, Flexible Permit Number 56342, Special Conditions Number 1, and Permit by Rule Registration Number 56343, by failing to prevent unauthorized emissions; PENALTY: $30,156; ENFORCEMENT COORDINATOR: Audra Benoit, (409) 899-8799; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(26) COMPANY: Southeastern Freight Lines, Incorporated; DOCKET NUMBER: 2012-0923-WQ-E; IDENTIFIER: RN106376676; LOCATION: Wichita Falls, Wichita County; TYPE OF FACILITY: individual; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a Multi-Sector General Permit (stormwater); PENALTY: $875; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(27) COMPANY: Syed Asif Mohiuddin; DOCKET NUMBER: 2012-0043-OSS-E; IDENTIFIER: RN105660575; LOCATION: Rosenberg, Fort Bend County; TYPE OF FACILITY: rental home with an on-site sewage facility; RULE VIOLATED: 30 TAC §285.7(d)(2), by failing to have a new maintenance contract signed and submitted to the TCEQ at least 30 days before the contract expires; and 30 TAC §285.33(d)(2)(G)(v), by failing to have a sprinkler head permanently colored purple; PENALTY: $1,779; ENFORCEMENT COORDINATOR: Heather Brister, (254) 761-3034; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(28) COMPANY: TMT, INCORPORATED dba Whip In 107, dba Whip In 109, and Whip In 116; DOCKET NUMBER: 2012-0130-PST-E; IDENTIFIER: RN102391521 (Facility 1), RN102387701 (Facility 2), and RN102382223 (Facility 3); LOCATION: Mesquite and Garland, Dallas County; TYPE OF FACILITY: convenience stores with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.10(b), by failing to maintain the required underground storage tank (UST) records and making them immediately available for inspection upon request by agency personnel at Facility 1; 30 TAC §334.10(b), by failing to maintain the required UST records and making them immediately available for inspection upon request by agency personnel at Facility 2; and 30 TAC §334.10(b), by failing to maintain the required UST records and making them immediately available for inspection upon request by agency personnel at Facility 3; PENALTY: $4,520; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(29) COMPANY: Wolff Construction LP; DOCKET NUMBER: 2012-0924-WQ-E; IDENTIFIER: RN106377112; LOCATION: Belton, Bell County; TYPE OF FACILITY: individual; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a Construction General Permit (stormwater); PENALTY: $875; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(30) COMPANY: XEXES, Incorporated dba Texas Toys; DOCKET NUMBER: 2012-0086-AIR-E; IDENTIFIER: RN106265044; LOCATION: Cypress, Harris County; TYPE OF FACILITY: vehicle dealership; RULE VIOLATED: 30 TAC §114.20(c)(1) and Texas Health and Safety Code (THSC), §382.085(b), by failing to equip a motor vehicle with either the control systems or devices that were originally a part of the motor vehicle or motor vehicle engine or an alternate control system prior to offering it for sale; and 30 TAC §114.20(c)(3) and THSC, §382.085(b), by failing to have a notice of the prohibitions and requirements of 30 TAC §114.20 displayed at a commercial motor vehicle sales facility in a conspicuous and prominent location near each customer entrance way and in each sales or lease office; PENALTY: $1,750; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-201203018

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 11, 2012


Enforcement Orders

An agreed order was entered regarding Marion Muras dba Marion Muras Shell, Docket No. 2011-0943-PST-E on May 21, 2012 assessing $2,250 in administrative penalties with $450 deferred.

Information concerning any aspect of this order may be obtained by contacting Stephen Thompson, Enforcement Coordinator at (512) 239-2558, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding AUSTIN MAC HAIK FORD LINCOLN LTD, Docket No. 2011-1334-PST-E on May 21, 2012 assessing $2,379 in administrative penalties with $475 deferred.

Information concerning any aspect of this order may be obtained by contacting Philip Aldridge, 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 M & F, INC. dba Marathon Phillips, Docket No. 2011-1470-PST-E on May 21, 2012 assessing $3,500 in administrative penalties with $700 deferred.

Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (713) 767-3682, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SHAKU BROTHERS INC. dba Memorial Hill Food Mart, Docket No. 2011-1593-PST-E on May 21, 2012 assessing $6,822 in administrative penalties with $1,364 deferred.

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

An agreed order was entered regarding Ranch Utilities, L.P., Docket No. 2011-1609-MWD-E on May 21, 2012 assessing $6,390 in administrative penalties with $1,278 deferred.

Information concerning any aspect of this order may be obtained by contacting JR Cao, Enforcement Coordinator at (512) 239-2543, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding The Lubrizol Corporation, Docket No. 2011-1637-AIR-E on May 21, 2012 assessing $3,425 in administrative penalties with $685 deferred.

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

An agreed order was entered regarding Jose O. Beltran and Maria A. Beltran dba 1017 Cafe, Docket No. 2011-1653-PWS-E on May 21, 2012 assessing $612 in administrative penalties with $122 deferred.

Information concerning any aspect of this order may be obtained by contacting Bridget Lee, Enforcement Coordinator at (512) 239-2565, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding WIN-MARK PROPERTIES LTD. dba Grant Express, Docket No. 2011-1722-PST-E on May 21, 2012 assessing $2,250 in administrative penalties with $450 deferred.

Information concerning any aspect of this order may be obtained by contacting Jacquelyn Green, Enforcement Coordinator at (512) 239-2587, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Dragon Products, Ltd., Docket No. 2011-1750-PWS-E on May 21, 2012 assessing $675 in administrative penalties with $135 deferred.

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

An agreed order was entered regarding Big Oaks Municipal Utility District, Docket No. 2011-1773-MWD-E on May 21, 2012 assessing $1,350 in administrative penalties with $270 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 Harris County, Docket No. 2011-1803-PST-E on May 21, 2012 assessing $3,400 in administrative penalties with $680 deferred.

Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (713) 767-3682, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Pete A. Dlugosch dba Double D RV Park 1, Docket No. 2011-1831-PWS-E on May 21, 2012 assessing $325 in administrative penalties with $65 deferred.

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

An agreed order was entered regarding AARIN C-STORE, INC. dba Stop N Joy, Docket No. 2011-1834-PST-E on May 21, 2012 assessing $2,679 in administrative penalties with $535 deferred.

Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (713) 767-3682, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CHU-DINH CORPORATION dba West Fuqua Conoco, Docket No. 2011-1882-PST-E on May 21, 2012 assessing $3,570 in administrative penalties with $714 deferred.

Information concerning any aspect of this order may be obtained by contacting JR Cao, Enforcement Coordinator at (512) 239-2543, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Pitts Ready Mix of Burkburnett, Inc., Docket No. 2011-1910-IWD-E on May 21, 2012 assessing $5,978 in administrative penalties with $1,195 deferred.

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

An agreed order was entered regarding CROWN ENTERPRISES, INC. dba Central Transport, Docket No. 2011-1912-PST-E on May 21, 2012 assessing $2,500 in administrative penalties with $500 deferred.

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

An agreed order was entered regarding PHAL & MUY, INC. dba Kwik Stop, Docket No. 2011-1922-PST-E on May 21, 2012 assessing $5,649 in administrative penalties with $1,129 deferred.

Information concerning any aspect of this order may be obtained by contacting David Carney, Enforcement Coordinator at (512) 239-2583, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CCI-MBM II, L.P., Docket No. 2011-1924-PWS-E on May 21, 2012 assessing $727 in administrative penalties with $145 deferred.

Information concerning any aspect of this order may be obtained by contacting Stephen Thompson, Enforcement Coordinator at (512) 239-2558, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Terry Tackett dba A OK Septic Service, Docket No. 2011-1926-SLG-E on May 21, 2012 assessing $1,187 in administrative penalties with $237 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 Oxy Vinyls, LP, Docket No. 2011-1928-AIR-E on May 21, 2012 assessing $5,275 in administrative penalties with $1,055 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 City of Ropesville, Docket No. 2011-1944-MLM-E on May 21, 2012 assessing $5,950 in administrative penalties with $1,190 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 R & R Suleiman LLC dba Chevron Express, Docket No. 2011-1952-PST-E on May 21, 2012 assessing $5,545 in administrative penalties with $1,109 deferred.

Information concerning any aspect of this order may be obtained by contacting Andrea Park, Enforcement Coordinator at (512) 239-4575, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Newton Independent School District, Docket No. 2011-1956-PST-E on May 21, 2012 assessing $1,875 in administrative penalties with $375 deferred.

Information concerning any aspect of this order may be obtained by contacting David Carney, Enforcement Coordinator at (512) 239-2583, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ASM Gasha Inc dba Lancaster Food Mart, Docket No. 2011-1961-PST-E on May 21, 2012 assessing $5,029 in administrative penalties with $1,005 deferred.

Information concerning any aspect of this order may be obtained by contacting Michaelle Sherlock, Enforcement Coordinator at (210) 403-4076, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding U.S. MART, INC. dba U S Mart #101, Docket No. 2011-1962-PST-E on May 21, 2012 assessing $5,200 in administrative penalties with $1,040 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 Ebeling Water Supply Corporation, Docket No. 2011-1975-WR-E on May 21, 2012 assessing $525 in administrative penalties with $105 deferred.

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

An agreed order was entered regarding TEXAS BLUE STAR ENTERPRISES INC. dba Sonu Convenience, Docket No. 2011-1988-PST-E on May 21, 2012 assessing $2,425 in administrative penalties with $485 deferred.

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

An agreed order was entered regarding S & L SERVICES, INC. dba Sam's Chevron, Docket No. 2011-1998-PST-E on May 21, 2012 assessing $4,600 in administrative penalties with $920 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 Traversari USA LLC dba Texaco 155, Docket No. 2011-2027-PST-E on May 21, 2012 assessing $2,557 in administrative penalties with $511 deferred.

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

An agreed order was entered regarding NEW STAR INVESTMENTS, INC. dba H K Food Mart, Docket No. 2011-2049-PST-E on May 21, 2012 assessing $1,975 in administrative penalties with $395 deferred.

Information concerning any aspect of this order may be obtained by contacting JR Cao, Enforcement Coordinator at (512) 239-2543, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Athens Independent School District, Docket No. 2011-2136-PST-E on May 21, 2012 assessing $2,500 in administrative penalties with $500 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 P C S Development Company dba Parkview Water Supply, Docket No. 2011-2141-PWS-E on May 21, 2012 assessing $346 in administrative penalties with $69 deferred.

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

An agreed order was entered regarding Jenny Tran dba ABC Texaco, Docket No. 2011-2143-PST-E on May 21, 2012 assessing $5,870 in administrative penalties with $1,174 deferred.

Information concerning any aspect of this order may be obtained by contacting Andrea Park, Enforcement Coordinator at (512) 239-4575, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding S N S GROUP INC. dba Four Star Quick Pantry, Docket No. 2011-2152-PST-E on May 21, 2012 assessing $1,125 in administrative penalties with $225 deferred.

Information concerning any aspect of this order may be obtained by contacting Keith Frank, Enforcement Coordinator at (512) 239-1203, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding GRAND HAVEN HOMES, L.P., Docket No. 2011-2159-MSW-E on May 21, 2012 assessing $1,000 in administrative penalties with $200 deferred.

Information concerning any aspect of this order may be obtained by contacting Keith Frank, Enforcement Coordinator at (512) 239-1203, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Wilkinson Jim Iron & Metal, Inc., Docket No. 2011-2162-AIR-E on May 21, 2012 assessing $3,400 in administrative penalties with $680 deferred.

Information concerning any aspect of this order may be obtained by contacting Heather Podlipny, Enforcement Coordinator at (512) 239-2603, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Nico Tyme Water Co-op, Inc., Docket No. 2011-2163-PWS-E on May 21, 2012 assessing $1,083 in administrative penalties with $216 deferred.

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

An agreed order was entered regarding GN INC. dba Food & Fuel Stop, Docket No. 2011-2165-PST-E on May 21, 2012 assessing $3,627 in administrative penalties with $725 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 Vehbi Erdagi dba Easy Stop FFP 3272, Docket No. 2011-2173-PST-E on May 21, 2012 assessing $4,375 in administrative penalties with $875 deferred.

Information concerning any aspect of this order may be obtained by contacting Epifanio Villareal, 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 TERRILL PETROLEUM CO., INC. dba DJs Trading Post, Docket No. 2011-2181-PST-E on May 21, 2012 assessing $2,641 in administrative penalties with $528 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 United Site Services of Texas, Inc., Docket No. 2011-2182-PST-E on May 21, 2012 assessing $4,129 in administrative penalties with $825 deferred.

Information concerning any aspect of this order may be obtained by contacting David Carney, Enforcement Coordinator at (512) 239-2583, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HAMILTON HOLDINGS, L.P., Docket No. 2011-2186-PST-E on May 21, 2012 assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting Jill Russell, Enforcement Coordinator at (512) 239-4564, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Northeast Texas Community College, Docket No. 2011-2188-MWD-E on May 21, 2012 assessing $5,678 in administrative penalties with $1,135 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 Belo Wiley, Docket No. 2011-2191-AIR-E on May 21, 2012 assessing $1,120 in administrative penalties with $224 deferred.

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

An agreed order was entered regarding HEB Grocery Company, LP dba HEB 610, Docket No. 2011-2205-PST-E on May 21, 2012 assessing $6,861 in administrative penalties with $1,372 deferred.

Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (713) 767-3682, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Methodist Hospitals of Dallas dba Methodist Dallas Medical Center, Docket No. 2011-2222-PST-E on May 21, 2012 assessing $4,500 in administrative penalties with $900 deferred.

Information concerning any aspect of this order may be obtained by contacting Stephen Thompson, Enforcement Coordinator at (512) 239-2558, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SS & SY Investments, Inc. dba Newark Food Mart, Docket No. 2011-2239-PST-E on May 21, 2012 assessing $2,004 in administrative penalties with $400 deferred.

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

An agreed order was entered regarding Hamid Niakan and Masoud Rezaeizadeh dba Country Boys Market, Docket No. 2011-2241-PST-E on May 21, 2012 assessing $1,875 in administrative penalties with $375 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 Warm Springs Foundation, Inc., Docket No. 2011-2247-MWD-E on May 21, 2012 assessing $832 in administrative penalties with $166 deferred.

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

An agreed order was entered regarding Thomas N. Harrison dba Harrison's Seven Seas Grocery, Docket No. 2011-2266-PST-E on May 21, 2012 assessing $2,163 in administrative penalties with $432 deferred.

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

An agreed order was entered regarding Ennis Independent School District, Docket No. 2011-2275-PST-E on May 21, 2012 assessing $2,250 in administrative penalties with $450 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 Ennis S & D LLC dba McClain Food Store, Docket No. 2011-2286-PST-E on May 21, 2012 assessing $1,875 in administrative penalties with $375 deferred.

Information concerning any aspect of this order may be obtained by contacting David Carney, Enforcement Coordinator at (512) 239-2583, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Car Spa, Inc. dba Car Spa 17, Docket No. 2011-2325-PST-E on May 21, 2012 assessing $1,925 in administrative penalties with $385 deferred.

Information concerning any aspect of this order may be obtained by contacting Stephen Thompson, Enforcement Coordinator at (512) 239-2558, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Upper Leon River Municipal Water District, Docket No. 2011-2365-PWS-E on May 21, 2012 assessing $680 in administrative penalties with $136 deferred.

Information concerning any aspect of this order may be obtained by contacting Stephen Thompson, Enforcement Coordinator at (512) 239-2558, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding U.S. Mart, Inc. dba US Mart 105, Docket No. 2011-2367-PST-E on May 21, 2012 assessing $5,100 in administrative penalties with $1,020 deferred.

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

A field citation was entered regarding Southern Crushed Concrete LLC, Docket No. 2012-0017-WQ-E on May 21, 2012 assessing $700 in administrative penalties.

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

A field citation was entered regarding Jack Mossburg, Docket No. 2012-0018-WQ-E on May 21, 2012 assessing $700 in administrative penalties.

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

An agreed order was entered regarding SINGH AND SUNNY CORPORATION dba Texas Fill Up, Docket No. 2012-0075-PST-E on May 21, 2012 assessing $2,250 in administrative penalties with $450 deferred.

Information concerning any aspect of this order may be obtained by contacting Andrea Park, Enforcement Coordinator at (512) 239-4575, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was entered regarding Cody J. Carothers, Docket No. 2012-0094-WOC-E on May 21, 2012 assessing $210 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Heather Podlipny, Enforcement Coordinator at (512) 239-2603, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was entered regarding Elida Moreno, Docket No. 2012-0218-WOC-E on May 21, 2012 assessing $210 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Heather Podlipny, Enforcement Coordinator at (512) 239-2603, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Joe Perez dba J & R Body Shop, Docket No. 2010-1686-AIR-E on June 04, 2012 assessing $1,300 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Anna M. Treadwell, 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 Mark A. Vasquez dba Maverick Cleaners, Docket No. 2010-1973-MLM-E on June 04, 2012 assessing $30,444 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jeffrey Huhn, 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 Maganbhai Ranchlodbhai Patel, Bhagubhai Bhula Patel, Vinubhai Bhulo Patel, and Laxmiben Lalbhai Patel, Docket No. 2011-0177-MWD-E on June 04, 2012 assessing $52,627 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tammy Mitchell, 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 City Public Service, Docket No. 2011-0484-AIR-E on June 04, 2012 assessing $24,000 in administrative penalties with $4,800 deferred.

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

A default order was entered regarding Ecaterina Najm dba Sunmart 352, Docket No. 2011-0598-PST-E on June 04, 2012 assessing $3,669 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Phillip M. Goodwin, P.G., 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 APRIL PLAZA MARINA, INC., Docket No. 2011-0803-MWD-E on June 04, 2012 assessing $10,646 in administrative penalties with $2,129 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.

A default order was entered regarding Thong Van Nguyen dba T & L Conoco, Docket No. 2011-0835-PST-E on June 04, 2012 assessing $12,081 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jim Sallans, 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 Francisca Richter dba Hillside Water Works, Docket No. 2011-0992-PWS-E on June 04, 2012 assessing $1,620 in administrative penalties.

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

A default order was entered regarding Stephen A. Venzon dba All Star Grocery 3, Docket No. 2011-1025-PST-E on June 04, 2012 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Anna M. Treadwell, 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 Exxon Mobil Corporation, Docket No. 2011-1061-AIR-E on June 04, 2012 assessing $12,100 in administrative penalties with $2,420 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.

A default order was entered regarding Misha Enterprises Inc., Docket No. 2011-1086-PST-E on June 04, 2012 assessing $11,349 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jennifer Cook, 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 The Dow Chemical Company, Docket No. 2011-1123-AIR-E on June 04, 2012 assessing $259,222 in administrative penalties with $51,844 deferred.

Information concerning any aspect of this order may be obtained by contacting John Muennink, Enforcement Coordinator at (361) 422-8970, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Adrian, Docket No. 2011-1165-PWS-E on June 04, 2012 assessing $3,262 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Elizabeth Lieberknecht, 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 Ascend Performance Materials LLC, Docket No. 2011-1185-AIR-E on June 04, 2012 assessing $113,629 in administrative penalties with $22,725 deferred.

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

A default order was entered regarding CJY Investments, L.L.C. dba Beverage Palace, Docket No. 2011-1199-PST-E on June 04, 2012 assessing $16,511 in administrative penalties.

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 KR MINA, INC. dba Fuqua Power Fuel, Docket No. 2011-1232-PST-E on June 04, 2012 assessing $7,328 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kari L. Gilbreth, 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 Diamond Shamrock Refining Company, L.P., Docket No. 2011-1350-AIR-E on June 04, 2012 assessing $33,913 in administrative penalties with $6,782 deferred.

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

A default order was entered regarding CHINATOWN WATERWORKS, INC., Docket No. 2011-1383-PWS-E on June 04, 2012 assessing $1,084 in administrative penalties.

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

A default order was entered regarding RUSCHE OIL CO., INC., Docket No. 2011-1436-PST-E on June 04, 2012 assessing $15,956 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sharesa Y. Alexander, 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 STAFFORD MOBILE HOME PARK, INC., Docket No. 2011-1460-MWD-E on June 04, 2012 assessing $13,425 in administrative penalties with $2,685 deferred.

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

A default order was entered regarding SAHAS BUSINESS, INC. dba Rubys Food Store, Docket No. 2011-1538-PST-E on June 04, 2012 assessing $6,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Joel Cordero, 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 Equistar Chemicals, LP, Docket No. 2011-1596-AIR-E on June 04, 2012 assessing $20,000 in administrative penalties with $4,000 deferred.

Information concerning any aspect of this order may be obtained by contacting Kimberly Morales, Enforcement Coordinator at (713) 422-8938, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Eastland County Water Supply District, Docket No. 2011-1612-MWD-E on June 04, 2012 assessing $8,990 in administrative penalties.

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

An agreed order was entered regarding NORTH TEXAS CONVENIENCE STORES, INC. dba A J Shell, Docket No. 2011-1619-PST-E on June 04, 2012 assessing $21,850 in administrative penalties with $4,370 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 ConocoPhillips Company, Docket No. 2011-1680-IHW-E on June 04, 2012 assessing $37,500 in administrative penalties with $7,500 deferred.

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.

An agreed order was entered regarding Eastman Chemical Company, Docket No. 2011-1691-AIR-E on June 04, 2012 assessing $63,300 in administrative penalties with $12,660 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 Taylor Petroleum Companies, Inc., Docket No. 2011-1702-PWS-E on June 04, 2012 assessing $4,355 in administrative penalties.

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

An agreed order was entered regarding Texas State University-San Marcos, Docket No. 2011-1728-AIR-E on June 04, 2012 assessing $17,150 in administrative penalties with $3,430 deferred.

Information concerning any aspect of this order may be obtained by contacting Raymond Marlow, P.G., 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 Cowtown Gas Processing Partners L.P., Docket No. 2011-1730-AIR-E on June 04, 2012 assessing $19,170 in administrative penalties with $3,834 deferred.

Information concerning any aspect of this order may be obtained by contacting John Muennink, Enforcement Coordinator at (713) 422-8970, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Enterprise Products Operating LLC, Docket No. 2011-1731-AIR-E on June 04, 2012 assessing $5,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Heather Podlipny, Enforcement Coordinator at (512) 239-2603, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JAE'S ALL SEASONS MARKET, INC. dba Jaes All Season 2, Docket No. 2011-1753-PST-E on June 04, 2012 assessing $16,042 in administrative penalties with $3,208 deferred.

Information concerning any aspect of this order may be obtained by contacting Keith Frank, Enforcement Coordinator at (512) 239-1203, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding GULKAS INC. dba RNS Express Mart, Docket No. 2011-1799-PST-E on June 04, 2012 assessing $8,926 in administrative penalties with $1,785 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 Equistar Chemicals, LP, Docket No. 2011-1829-AIR-E on June 04, 2012 assessing $10,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting John Muennink, Enforcement Coordinator at (713) 422-8970, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BP Amoco Chemical Company, Docket No. 2011-1983-AIR-E on June 04, 2012 assessing $11,450 in administrative penalties with $2,290 deferred.

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

An agreed order was entered regarding Southwest Convenience Stores, LLC dba 7 Eleven 57202 and 7 Eleven 57205, Docket No. 2011-2012-PST-E on June 04, 2012 assessing $11,000 in administrative penalties with $2,200 deferred.

Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (713) 767-3682, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Austin, Docket No. 2011-2019-MWD-E on June 04, 2012 assessing $13,050 in administrative penalties.

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

An agreed order was entered regarding CLEAR LAKE SERVICES, INC. dba Ryan's Express CL 1, Docket No. 2011-2060-MLM-E on June 04, 2012 assessing $9,527 in administrative penalties with $1,904 deferred.

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

An agreed order was entered regarding Ricky Bonds Septic Systems & Water Wells LLC, Docket No. 2011-2065-WR-E on June 04, 2012 assessing $3,350 in administrative penalties with $670 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 INEOS USA LLC dba INEOS Polyethylene North America, Docket No. 2011-2221-IWD-E on June 04, 2012 assessing $17,490 in administrative penalties with $3,498 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 Long Bow Development, LLC dba Cumberland Salvage Yard, Docket No. 2010-0906-MLM-E on June 8, 2012 assessing $3,850 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jeffrey Huhn, 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 Daniel Ramirez dba San Antonio Auto & Truck, Docket No. 2010-1838-IHW-E on June 8, 2012 assessing $1,875 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jeffrey Huhn, 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 ANUM TEXAS CORP dba Big Country Mart, Docket No. 2011-0279-PST-E on June 8, 2012 assessing $3,121 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sharesa Y. Alexander, 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 Sharon Gorman Locher Rogers, Docket No. 2011-0573-PST-E on June 8, 2012 assessing $3,325 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rudy Calderon, 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 DeGeer Trucking, Inc., Docket No. 2011-0576-AIR-E on June 8, 2012 assessing $800 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Anna M. Treadwell, 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 GRAMSN FUELS inc dba Pleasant Run Conoco, Docket No. 2011-1186-PST-E on June 8, 2012 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Joel Cordero, 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 Alinas Estate, Inc. dba Good to Go, Docket No. 2011-1435-PST-E on June 8, 2012 assessing $2,250 in administrative penalties.

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

TRD-201203058

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 13, 2012


Invitation for Public Comment

The Texas Commission on Environmental Quality (TCEQ or commission) announces the availability of the Fiscal Year 2011 Update to the Water Quality Management Plan (WQMP) developed for the Houston-Galveston region of Texas prepared by the Houston-Galveston Area Council (H-GAC).

The WQMP update is developed and promulgated in accordance with the requirements of the federal Clean Water Act, §208 and §604(b). The WQMP update includes WQMP review and coordination, wastewater infrastructure planning elements, and support for watershed planning in the Lake Houston Watershed. Once the commission certifies the WQMP update, it is submitted to the United States Environmental Protection Agency (EPA) for approval. The draft WQMP may contain service area populations for specific wastewater treatment facilities, designated management agency information, and data to support current wastewater infrastructure planning elements.

A copy of the Fiscal Year 2011 H-GAC WQMP update may be found at the Houston-Galveston Area Council Web site located at http://www.h-gac.com/community/water/quality. A copy of the update 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 Dr. Clyde E. Bohmfalk, Texas Commission on Environmental Quality, Water Quality Planning Division, MC-203, P.O. Box 13087, Austin, Texas 78711-3087. Comments may also be faxed to (512) 239-4732, but must be followed up with the submission and receipt of written comments within three working days of when they were faxed. Written comments must be submitted no later than 5:00 p.m. on July 23, 2012. For further information, or questions, please contact Dr. Bohmfalk at (512) 239-1315 or by email at clyde.bohmfalk@tceq.texas.gov.

TRD-201203044

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: June 12, 2012


Notice of Application and Opportunity to Request a Public Meeting for New Municipal Solid Waste Facility Registration Application No. 40262

Application. Mediwaste Disposal, LLC, 2517 Memphis Avenue, El Paso, Texas 79930, has applied to the Texas Commission on Environmental Quality (TCEQ) for proposed Registration No. 40262, to construct and operate a Type V Medical Waste Storage, Processing, and Transfer Facility. The proposed facility, Mediwaste Medical Waste Treatment Facility will be located at 381 Darrington Road, Horizon City, Texas 79928, in El Paso County. The Applicant is requesting authorization to store, process, and transfer untreated medical waste as defined in 30 TAC §330.3(85), and may include treated and untreated special waste from health care related facilities and industries that is comprised of animal waste, bulk blood, bulk human blood, bulk human body fluids, microbiological waste, pathological waste, sharps, and other health care related items that come into contact with body fluids and/or blood, pharmaceuticals, seized drugs, USDA Animal and Plant Health Inspection Service (APHIS) and similar wastes, and general municipal characterized waste mixed with other acceptable wastes. The registration application is available for viewing and copying at the Main Downtown Library, 501 North Oregon Street, El Paso, Texas 79901, and may be viewed online at http://cook-joyce.com/documents.htm. The following link to an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice: http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=31.739166&lng=-106.192777&zoom=13&type=r. For exact location, refer to application.

Public Comment/Public Meeting. Written public comments or written requests for a public meeting must be submitted to the Office of Chief Clerk at the address included in the information section below. If a public meeting is held, comments may be made orally at the meeting or submitted in writing by the close of the public meeting. A public meeting will be held by the executive director if requested by a member of the legislature who represents the general area where the development is to be located, or if there is a substantial public interest in the proposed development. The purpose of the public meeting is for the public to provide input for consideration by the commission, and for the applicant and the commission staff to provide information to the public. A public meeting is not a contested case hearing. The executive director will review and consider public comments and written requests for a public meeting submitted during the comment period. The comment period shall begin on the date this notice is published and end 60 calendar days after this notice is published. The comment period shall be extended to the close of any public meeting. The executive director is not required to file a response to comments.

Executive Director Action. The executive director shall, after review of an application for registration, determine if the application will be approved or denied in whole or in part. If the executive director acts on an application, the chief clerk shall mail or otherwise transmit notice of the action and an explanation of the opportunity to file a motion to overturn the executive director's decision. The chief clerk shall mail this notice to the owner and operator, the public interest counsel, to adjacent landowners as shown on the required land ownership map and landowners list, and to other persons who timely filed public comment in response to public notice. Not all persons on the mailing list for this notice will receive the notice letter from the Office of the Chief Clerk.

Information. Written public comments or requests to be placed on the permanent mailing list for this application should be submitted to the Office of the Chief Clerk mail code MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 or electronically submitted to http://www10.tceq.state.tx.us/epic/ecmnts/. If you choose to communicate with the TCEQ electronically, please be aware that your e-mail address, like your physical mailing address, will become part of the agency's public record. For information about this application or the registration process, individual members of the general public may call the TCEQ Public Education Program at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us. Further information may also be obtained from Mediwaste Disposal, LLC at the address stated above or by calling Mr. Michael R. Perez, Manager/Partner at (915) 526-7171.

TRD-201203061

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 13, 2012


Notice of District Petition

Notice issued June 6, 2012.

TCEQ Internal Control No. D-04042012-001; Sienna Plantation Municipal Utility District No. 1 of Fort Bend County (District) filed an application with the Texas Commission on Environmental Quality (TCEQ) for authority to levy an increase in the impact fee from $8,320 to $8,874 per equivalent single-family connection for utility services. The District files this application under the authority of Chapter 395 of the Local Government Code, 30 Texas Administrative Code Chapter 293, and the procedural rules of the TCEQ. Sienna Plantation Municipal Utility District is a Master Utility District (MaUD) in Sienna Plantation and provides regional water, wastewater, and drainage to the land within its service area through construction of MaUD facilities. The internal municipal utility districts (MUDs) within Sienna Plantation each have a contract and agree to pay an impact fee to the MaUD based on the region or service area to which water, wastewater, and drainage are provided. The MaUD periodically must recalculate and adjust the amount of the impact fee it charges to the internal MUDs. The impact fee application and supporting information are available for inspection and copying during regular business hours in the Utilities and Districts Section of the Water Supply Division, Third Floor of Building F (in the TCEQ Park 35 Office Complex located between Yager and Braker lanes on North IH-35), 12100 Park 35 Circle, Austin, Texas 78753. The TCEQ may grant a contested case hearing on this application if a written hearing request is filed within 30 days after the publication of this 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.

The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.state.tx.us.

TRD-201203059

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 13, 2012


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. TWC, §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. TWC, §7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 23, 2012. TWC, §7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 23, 2012. 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, TWC, §7.075 provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: City of Port Arthur; DOCKET NUMBER: 2011-1977-MWD-E; TCEQ ID NUMBER: RN101701241; LOCATION: 6300 Procter Street Extension, Port Arthur, Jefferson County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1) and (7), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010364001, Permit Conditions Number 4.a., by failing to give notice to the executive director when an addition or alteration results in a significant change in sludge use or disposal practices; and 30 TAC §305.125(1) and (7), and TPDES Permit Number WQ0010364001, Permit Conditions Number 1.a., by failing to submit relevant facts in a permit application; PENALTY: $3,300; STAFF ATTORNEY: Tammy Mitchell, Litigation Division, MC 175, (512) 239-0736; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(2) COMPANY: Frerich Materials, L.L.C.; DOCKET NUMBER: 2011-1849-WR-E; TCEQ ID NUMBER: RN106192800; LOCATION: Northeast of County Road 285 on the south bank of the Colorado River (Segment Number 1426), approximately 12 miles northeast of Tennyson, Runnels County; TYPE OF FACILITY: gravel mining operation; RULES VIOLATED: TWC, §11.121 and 30 TAC §297.11, by failing to obtain authorization from the TCEQ prior to diverting, storing, impounding or using state water; PENALTY: $2,868; STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(3) COMPANY: George DeVries dba DeVries Dairy; DOCKET NUMBER: 2010-0508-AGR-E; TCEQ ID NUMBER: RN100802917; LOCATION: approximately four miles southwest of Stephenville and 6.5 miles northeast of Dublin, Erath County; TYPE OF FACILITY: concentrated animal feeding operation; RULES VIOLATED: 30 TAC §321.31(a), TWC, §26.121(a)(1), and TCEQ Permit Number 03061, V. Conditions of the Permit, by failing to prevent an unauthorized discharge of wastewater from a confined animal feeding operation into or adjacent to water in the state; PENALTY: $8,300; STAFF ATTORNEY: Tammy Mitchell, Litigation Division, MC 175, (512) 239-0736; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Hadi & Aga Store Management LLC d/b/a H&A Food Mart 4; DOCKET NUMBER: 2011-1140-PST-E; TCEQ ID NUMBER: RN101786275; LOCATION: 7601 Mid Cities Boulevard, North Richland Hills, Tarrant County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $2,550; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Henry M. Garza d/b/a Cielo Azul Ranch; DOCKET NUMBER: 2011-1281-PWS-E; TCEQ ID NUMBER: RN101217792; LOCATION: Ranch-to-Market Road 32, Wimberley, Hays County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to submit a Disinfectant Level Quarterly Operating Report to the executive director each quarter by the tenth day of the month following the end of each quarter; PENALTY: $2,892; STAFF ATTORNEY: Sharesa Y. Alexander, Litigation Division, MC 175, (512) 239-3503; REGIONAL OFFICE: Austin Regional Office, Post Office Box 13087, MC R-11, Austin, Texas 78711, (512) 339-2929.

(6) COMPANY: INS EMERALD, L.L.C. DBA Luna Mart; DOCKET NUMBER: 2011-1760-PST-E; TCEQ ID NUMBER: RN101562726; LOCATION: 2647 West Northwest Highway, Dallas, Dallas County; TYPE OF FACILITY: underground storage tank (UST) system and a 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 delivery certificate by submitting a UST registration and self-certification form at least 30 days before the expiration date; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(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 at the facility; TWC, §26.3475(d) and 30 TAC §334.49(a)(1), by failing to provide proper corrosion protection for the UST system at the facility; TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs at the facility at a frequency of at least once every month (not to exceed 35 days between each monitoring); and 30 TAC §334.10(b), by failing to maintain the UST records at the facility and make them immediately available for inspection upon request by agency personnel; PENALTY: $7,125; STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Marine Quest - Hidden Cove, L.P.; DOCKET NUMBER: 2011-1955-MWD-E; TCEQ ID NUMBER: RN102094950; LOCATION: approximately 1.75 miles south of Farm-to-Market Road 720 and approximately three miles west of Farm-to-Market Road 423, Denton County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0013785001, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, by failing to comply with permitted effluent limitations; 30 TAC §305.125(1) and (17) and TPDES Permit Number WQ0013785001, Sludge Provisions, by failing to timely submit the annual sludge report for the monitoring period ending July 31, 2010, by September 1, 2010; and 30 TAC §305.125(1) and (17) and TPDES Permit Number WQ0013785001, Monitoring and Reporting Requirements Number 1, by failing to submit results at the intervals specified in the permit; PENALTY: $8,484; 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.

(8) COMPANY: ZEAM, INCORPORATED d/b/a Shell Food Mart; DOCKET NUMBER: 2011-0823-PST-E; TCEQ ID NUMBER: RN102425808; LOCATION: 801 North Main Street, Mansfield, Tarrant County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; 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 §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); and 30 TAC §334.51(b)(2)(B) and TWC, §26.3475(c)(2), by failing to equip each tank with a spill containment device; PENALTY: $5,500; 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.

TRD-201203047

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 12, 2012


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; the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 23, 2012. The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 23, 2012. 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: Absolute Fuels, LLC; DOCKET NUMBER: 2011-2326-PST-E; TCEQ ID NUMBER: RN101840577; LOCATION: 3819 Idalou Road, Lubbock, Lubbock County; TYPE OF FACILITY: underground storage tank (UST) system and a former retail gasoline service station; RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding the USTs within 30 days of the occurrence of the change or addition; 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, a UST system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; 30 TAC §334.54(b)(1), by failing to maintain all vent lines open and functioning; and 30 TAC §334.54(b)(2), by failing to maintain all piping, pumps, manways, tank access points, and ancillary equipment in a capped, plugged, locked, and/or otherwise secured manner to prevent access, tampering, or vandalism by unauthorized persons; PENALTY: $8,750; STAFF ATTORNEY: Joel Cordero, Litigation Division, MC 175, (512) 239-0672; REGIONAL OFFICE: Lubbock Regional Office, 5012 50th Street, Suite 100, Lubbock, Texas 79414-3421, (806) 796-7613.

(2) COMPANY: ALIA ENTERPRISES, INC. d/b/a Monroe Texaco; DOCKET NUMBER: 2011-2216-PST-E; TCEQ ID NUMBER: RN101832921; LOCATION: 8450 Gulf Freeway, Houston, Harris County; TYPE OF FACILITY: underground storage tank system and a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.72, by failing to report a suspected release to the TCEQ within 24 hours of discovery; and 30 TAC §334.74, by failing to immediately investigate a suspected release of a regulated substance; PENALTY: $21,520; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) COMPANY: B.K. TRADING, INC. d/b/a Speedy Stop 4; DOCKET NUMBER: 2011-2237-PST-E; TCEQ ID NUMBER: RN105240097; LOCATION: 4895 Farm Road 79, Paris, Lamar County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the USTs; and 30 TAC §334.10(b), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; PENALTY: $3,631; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(4) COMPANY: DAYNA 100 INVESTMENTS, INC.; DOCKET NUMBER: 2011-1534-PST-E; TCEQ ID NUMBER: RN102790607; LOCATION: 4625 Yale Street, Houston, Harris County; TYPE OF FACILITY: underground storage tank system and property; RULES VIOLATED: 30 TAC §334.54(b)(2), by failing to ensure that all piping, pumps, manways, tank access points, and ancillary equipment are capped, plugged, locked, and/or otherwise secured to prevent access, tampering, or vandalism by unauthorized persons; PENALTY: $1,050; STAFF ATTORNEY: Elizabeth Lieberknecht, Litigation Division, MC 175, (512) 239-0620; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(5) COMPANY: Jeff Barosh LLC d/b/a Lawn Rangers; DOCKET NUMBER: 2012-0027-MSW-E; TCEQ ID NUMBER: RN106301260; LOCATION: 3099 Columbia Memorial Parkway, Kemah, Galveston County; TYPE OF FACILITY: landscaping company; RULES VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $3,750; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(6) COMPANY: MFMK, INC. d/b/a Phillips 66 Food Mart; DOCKET NUMBER: 2011-1029-PST-E; TCEQ ID NUMBER: RN100699479; LOCATION: 12306 Beechnut Street, Houston, Harris County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(C) and (5)(B)(i), by failing to submit a properly completed UST registration and self-certification form within 30 days of ownership change; 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 §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 containing a regulated substance; and 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the 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 proper release detection for the product piping associated with the UST system; PENALTY: $17,519; STAFF ATTORNEY: Kari L. Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(7) COMPANY: SHAWNA INC.; DOCKET NUMBER: 2011-2299-PST-E; TCEQ ID NUMBER: RN102911591; LOCATION: West Highway 36, Rising Star, Eastland County; TYPE OF FACILITY: underground storage tank (UST) system and property; RULES VIOLATED: 30 TAC §334.47(a)(2) and TCEQ Agreed Order Docket Number 2009-1238-PST-E, Ordering Provision Number 2.a., by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, a UST system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $68,750; STAFF ATTORNEY: Mike Fishburn, Litigation Division, MC 175, (512) 512-0635; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(8) COMPANY: SYNERGY MANAGEMENT GROUP, L.L.C.; DOCKET NUMBER: 2011-1909-MSW-E; TCEQ ID NUMBER: RN104378492 and RN103933362; LOCATION: 6810 United States Highway 277 South, Stamford, Haskell County; TYPE OF FACILITY: scrap tire transportation facility; RULES VIOLATED: 30 TAC §330.15(a) and (c), by failing to prevent the unauthorized disposal of municipal solid waste at the processing facility; and 30 TAC §330.15(a) and (c), by failing to prevent the unauthorized disposal of municipal solid waste at the transportation facility; PENALTY: $22,200; STAFF ATTORNEY: Tammy Mitchell, Litigation Division, MC 175, (512) 239-0736; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

TRD-201203048

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 12, 2012


Notice of Opportunity to Comment on Shutdown/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 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 July 23, 2012. 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 July 23, 2012. 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: Pleasanton Retail, Inc. d/b/a Diamond Xpress #2; DOCKET NUMBER: 2011-2263-PST-E; TCEQ ID NUMBER: RN102226883; LOCATION: 14400 Nacogdoches Road, San Antonio, Bexar County; TYPE OF FACILITY: UST system and a convenience store; RULES VIOLATED: TWC, §26.3475(d) and 30 TAC §334.49(a)(1), by failing to provide proper corrosion protection for the UST system; and TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the piping associated with the USTs; PENALTY: $10,126; STAFF ATTORNEY: Mike Fishburn, Litigation Division, MC 175, (512) 512-0635; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: TRISTAR CONVENIENCE STORES, INC. DBA Handi Stop 75; DOCKET NUMBER: 2011-1241-PST-E; TCEQ ID NUMBER: RN102446218; LOCATION: 3543 Oak Forest Drive, Houston, Harris County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(a) and (c)(1) and 30 TAC §334.50(b)(1)(A) and (2), by failing to monitor the 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 UST system; PENALTY: $2,679; STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-201203049

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 12, 2012


Notice of Receipt of Application and Intent to Obtain a Municipal Solid Waste Limited Scope Permit, Permit No. 1410c

APPLICATION. BFI Waste Systems of North America, LLC, (owner of BFI Tessman Road Landfill, a municipal solid waste disposal and processing facility), P.O. Box 201960, San Antonio, Bexar County, Texas 78220, has applied to the Texas Commission on Environmental Quality (TCEQ) for a Type I Municipal Solid Waste Limited Scope Permit Amendment proposing to change the operating hours to 24 hours per day, 7 days a week. The facility is located at 7000 IH 10 East, San Antonio, Bexar County, Texas 78219. The TCEQ received the application on May 25, 2012. The limited scope permit amendment application is available for viewing and copying at the San Antonio Public Library - Carver Library, 3350 E. Commerce Street, San Antonio, Bexar County, Texas 78220. The following link to an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice: http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=29.450555&lng=-98.344722&zoom=13&type=r For exact location, refer to application.

ADDITIONAL NOTICE. TCEQ's Executive Director has determined the application is administratively complete and will conduct a technical review of the application. After technical review of the application is complete, the Executive Director may prepare a draft permit and will issue a preliminary decision on the application. Notice of the Application and Preliminary Decision will be published and mailed to those who are on the county-wide mailing list and to those who are on the mailing list for this application. That notice will contain the deadline for submitting public comments

PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments or request a public meeting on this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. TCEQ will hold a public meeting if the Executive Director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.

OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material, or significant public comments. Unless the application is directly referred for a contested case hearing, the response to comments, and the Executive Director's decision on the application, will be mailed to everyone who submitted public comments and to those persons who are on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting reconsideration of the Executive Director's decision and for requesting a contested case hearing. A person who may be affected by the facility is entitled to request a contested case hearing from the commission. A contested case hearing is a legal proceeding similar to a civil trial in state district court.

TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your name, address, phone number; applicant's name and permit number; the location and distance of your property/activities relative to the facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; and, the statement "[I/we] request a contested case hearing." If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group's representative for receiving future correspondence; identify an individual member of the group who would be adversely affected by the facility or activity; provide the information discussed above regarding the affected member's location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are relevant to the group's purpose. Following the close of all applicable comment and request periods, the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. The Commission will only grant a contested case hearing on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised in timely filed comments that were not subsequently withdrawn.

MAILING LIST. If you submit public comments, a request for a contested case hearing or a reconsideration of the Executive Director's decision, you will be added to the mailing list for this application to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and permit number; and/or (2) the mailing list for a specific county. To be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.

AGENCY CONTACTS AND INFORMATION All public comments and requests must be submitted either electronically at www.tceq.texas.gov/about/comments.html or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. If you choose to communicate with the TCEQ electronically, please be aware that your email address, like your physical mailing address, will become part of the agency's public record. For more information about this limited scope permit amendment application or the permitting process, please call the TCEQ's Public Education Program, Toll Free, at 1-800-687-4040. Si desea información en español, puede llamar al 1-800-687-4040. Further information may also be obtained from BFI Waste Systems of North America, LLC, at the address stated above or by calling Mr. Ray L. Shull, P.E. V.P., Civil & Environmental Consultants, Inc. at (512) 329-0006.

TRD-201203060

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 13, 2012


Notice of Water Quality Applications

The following notices were issued on June 1, 2012, through June 8, 2012.

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

ASH GROVE TEXAS LP which operates a portland cement manufacturing plant, has applied for a major amendment to TPDES Permit No. WQ0002427000 to replace the existing daily maximum flow limitation of 150,000 gallons per day with a daily average flow limit not to exceed 300,000 gallons per day via Outfall 001, and to exempt the facility from meeting the proposed flow limit if a discharge is caused by a 2-year, 24-hour storm event. The current permit authorizes the discharge of wash water, process wastewater, cooling system cleaning wastes, storm water, and previously monitored effluents (treated domestic wastewater from internal Outfall 101) at a daily maximum flow not to exceed 150,000 gallons per day via Outfall 001. The facility is located at 900 Gifco Road, 1.5 miles west of U.S. Highway 67, and north of the City of Midlothian, Ellis County, Texas 76065.

SHELL PIPELINE COMPANY LP which operates the Port Arthur Products Station, has applied for a renewal of TPDES Permit No. WQ0003530000, which authorizes the discharge of treated wastewater and storm water on an intermittent and flow variable basis. The facility is located on Old West Port Arthur Road at the intersection of State Highway 73 and State Highway 82 in the City of Port Arthur, Jefferson County, Texas 77640.

BATTLEGROUND OIL SPECIALTY TERMINAL COMPANY LLC 1836 Miller Cut-Off Road, La Porte, Texas 77571, which proposes to operate the Battleground Oil Specialty Terminal Company LLC - La Porte Terminal, a bulk petroleum liquid storage and distribution terminal, has applied for a new permit, proposed TPDES Permit No. WQ0004985000, to authorize the discharge of treated wastewater consisting of: steam condensate, boiler blowdown, tempering water, floor wash wastewater, equipment cleaning wastewater, and contact stormwater on an intermittent and flow variable basis, via Outfall 001. The facility is located at 1836 Miller Cut-Off Road, approximately 1.7 miles north of the intersection of Miller Cut-Off Road and State Highway 225, on the western shore of the Houston Ship Channel at Barnes Island, in the City of La Porte, Harris County, Texas 77571. 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 CROCKETT has applied for a renewal of TPDES Permit No. WQ0010154002, 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 3,000 feet south of the intersection of U.S. Highway 287 and State Highway Loop 304 in Southeast Crockett in Houston County, Texas 75835.

CITY OF HUNTSVILLE has applied for a renewal of TPDES Permit No. WQ0010781004, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,500,000 gallons per day. The facility is located on Farm-to-Market Road 1374, approximately 4 miles south of the intersection of Interstate Highway 45 and Farm-to-Market Road 1374 in Walker County, Texas 77340.

WHITE OAK OWNERS ASSOCIATION INC, a homeowner association, has applied for a renewal of TPDES Permit No. WQ0012132001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 59,000 gallons per day. The facility is located at 1880 White Oak Drive, on the north side of White Oak Drive, approximately 1700 feet west of Houston Avenue in the City of Houston in Harris County, Texas 77009.

VIA BAYOU INC has applied for a renewal of TPDES Permit No. WQ0013033001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 12,000 gallons per day. The facility is located within the complex located at 11810 Interstate 10 East, approximately 1.4 miles east of the intersection of State Highway 146 and Interstate Highway 10 in Chambers County, Texas 77523.

TRINITY RURAL WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. WQ0014902001, which authorizes the discharge of treated filter backwash effluent from a water treatment plant at a daily average flow not to exceed 150,000 gallons per day. The facility is located at 5004 South State Highway 19, approximately 4 miles south of Trinity in Trinity County, Texas 75862.

1977 KINDRED II LP has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to TPDES Permit No. WQ0014920001 (EPA I.D. No. TX0075078) to authorize a reduction in the frequency of certified operator inspections from daily to five times per week. The current permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 5,000 gallons per day. The facility is located at 1977 Kindred Street, Houston, Harris County, Texas 77049.

CARTER CC LTD has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0014928001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The facility will be located 550 feet south of Farm-to-Market Road 563 approximately 1.8 miles southeast from the intersection of Farm-to-Market Road 563 and Interstate Highway 10 in Chambers County, Texas 77514.

If you need more information about these permit applications or the permitting process, please call the TCEQ Public Education Program, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.TCEQ.texas.gov. Si desea información en español, puede llamar al 1-800-687-4040.

TRD-201203057

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 13, 2012


Texas Facilities Commission

Request for Proposals #303-3-20338

The Texas Facilities Commission (TFC), on behalf of the Health and Human Services Commission (HHSC), the Department of Family and Protective Services (DFPS), and the Department of Aging and Disability Services (DADS), announces the issuance of Request for Proposals (RFP) #303-3-20338. TFC seeks a five (5) or ten (10) year lease of approximately 5,486 square feet of office space in Childress, Texas.

The deadline for questions is July 18, 2012 and the deadline for proposals is July 25, 2012 at 3:00 p.m. The award date is August 23, 2012. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting the Regional Leasing Assistant, Jana D. Walp, at (512) 463-3160. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=100791.

TRD-201202988

Kay Molina

General Counsel

Texas Facilities Commission

Filed: June 11, 2012


General Land Office

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 during the period of May 21, 2012, through June 1, 2012. 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 extends 30 days from the date published on the General Land Office's web site. The notice was published on the web site on June 6, 2012. The public comment period for this project will close at 5:00 p.m. on July 6, 2012.

FEDERAL AGENCY ACTIONS:

Applicant: Fairport North Industrial, LLC

Location: The project site is located in wetlands adjacent to Big Island Slough, southeast of the intersection of Fairmont Parkway and Underwood Parkway, in Harris County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: La Porte, Texas. NAD 83, Latitude: 29.647637 North; Longitude: -95.075457 West.

Project Description: The applicant proposes to construct a commercial warehouse complex and parking lot. To construct the proposed project, the applicant proposes to fill 8.98 acres of jurisdictional wetlands. The complex will include 4 warehouse buildings and a parking lot. The purpose of the proposed warehouse complex is to create storage space for shipping containers and cargo close to the Bayport and Barbour's Cut Terminal facilities. To compensate for impacts to jurisdictional wetlands, the applicant proposes to create 5.13 acres of wetlands within an onsite mitigation area. The wetlands will be constructed around the existing avoided wetlands. Once created the entire 6.86-acre tract will be deed restricted. In addition, the applicant proposes to purchase a tract of land through an approved In-Lieu-Fee program, and place a conservation easement on the property to be held by a certified land trust.

CMP Project No.: 12-0756-F1

Type of Application: U.S.A.C.E. permit application #SWG-2011-00740 is being evaluated under §404 of the Clean Water Act (33 U.S.C.A. §1344).

Note: The consistency review for this project will be conducted by the Texas Commission on Environmental Quality under §401 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 or activity is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Land Commissioner for review.

Further information on the application listed above, including a copy of the consistency certifications or consistency determinations for inspection may be obtained from Kate Zultner, Consistency Review Specialist, P.O. Box 12873, Austin, Texas 78711-2873, or via email at kate.zultner@glo.texas.gov. Comments should be sent to Ms. Zultner at the above address or by email.

TRD-201203068

Larry L. Laine

Chief Clerk/Deputy Land Commissioner

General Land Office

Filed: June 13, 2012


Texas Health and Human Services Commission

Correction of Public Notice

The Texas Health and Human Services Commission published a public notice in the June 8, 2012, issue of the Texas Register (37 TexReg 4281), regarding the intent to submit a request for an amendment to the NorthSTAR waiver program, under the authority of §1915(b) of the Social Security Act. The NorthSTAR waiver program is currently approved for the two-year period beginning October 1, 2011, and ending September 30, 2013. The proposed effective date for the amendment is September 1, 2012.

The purpose of this amendment is to change the NorthSTAR behavioral health program enrollment period from 45 days to 15 days. The notice incorrectly stated that the waiver enrollment period was changing from 30 days to 15 days. Currently, a client is allowed 45 days after the enrollment broker is notified of the client's eligibility to enroll in the NorthSTAR program, and the State is shortening the enrollment timeframe to 15 days. The NorthSTAR eligible Medicaid population is mandatorily enrolled into the program, and the program currently has only a single managed care plan. Clients' enrollment effective date in the NorthSTAR program is retroactive to the first Medicaid eligibility date for the program. Due to the retroactive enrollment process and a single managed care plan, the expedited enrollment process will not affect client choice and will simply ensure that clients receive services sooner.

The Texas Health and Human Services Commission requests this waiver amendment be approved for the period beginning September 1, 2012, through September 30, 2013. This amendment maintains cost savings for waiver years 2012 through 2013.

To obtain copies of the proposed waiver amendment, interested parties may contact JayLee Therrien by mail at Texas Health and Human Services Commission, P.O. Box 85200, mail code H-370, Austin, Texas 78708-5200, phone (512) 491-1152, fax (512) 491-1957, or by email at Jaylee.Therrien@hhsc.state.tx.us.

TRD-201203026

Steve Aragon

Chief Counsel

Texas Health and Human Services Commission

Filed: June 11, 2012


Texas Department of Housing and Community Affairs

HOME Investment Partnerships Program - Multifamily Development Program 2012-1 Notice of Funding Availability (NOFA)

(1) Summary. The Texas Department of Housing and Community Affairs (the "Department") announces the availability of up to $37,220,274 in funding from the HOME Investment Partnerships Program for the development of affordable multifamily rental housing for low-income Texans. The availability and use of these funds is subject to the State HOME Rules at Title 10 Texas Administrative Code (10 TAC) Chapter 53 (HOME Rules) in effect at the time Application is submitted, the federal HOME regulations governing the HOME program (24 CFR Part 92), and Texas Government Code, Chapter 2306. Other federal regulations may also apply such as, but not limited to, 24 CFR Parts 50 and 58 for environmental requirements, Davis-Bacon Act for labor standards, 24 CFR §84.42 and §85.36 for conflict of interest and 24 CFR Part 5, Subpart A for fair housing. HUD-funded assistance connected to construction, rehab, demolition, or other public construction must comply with §3, a HUD requirement (24 CFR Part 135): HUD funds invested in housing and community development activities include among their purposes to give, to the greatest extent feasible, and consistent with existing federal, state, and local laws and regulations, job training, employment, contracting and other economic opportunities to §3 residents and §3 business concerns. Applicants are encouraged to familiarize themselves with all of the applicable state and federal rules that govern the program.

(2) Allocation of HOME Funds.

(a) These funds are made available through the Department's allocation of HOME funds from the U.S. Department of Housing and Urban Development (HUD). These HOME funds have been programmed for Multifamily Development activities involving acquisition or refinance and new construction or acquisition or refinance and rehabilitation of affordable housing. The funds made available under this NOFA are subject to the following set-asides.

(i) CHDO Set-Aside. Approximately $9,550,000 in funds are set-aside to eligible Community Housing Development Organizations (CHDOs) meeting the requirements of 10 TAC §53.90 and this NOFA. Funds under the CHDO Set-Aside are subject to the Regional Allocation Formula (RAF).

(ii) Persons with Disabilities Set-Aside. Approximately $938,066 in funds are set-aside to fund Applications proposing all of their HOME units to be restricted for persons with disabilities and are subject to the Department's Integrated Housing Rule at 10 TAC §1.15. Funds requested and awarded under this set-aside may be located in any area of the state including within other Participating Jurisdictions. Funds under the Persons with Disabilities Set-Aside are not subject to the Regional Allocation Formula (RAF).

(iii) General Set-Aside. Approximately $26,732,208 in funds shall be available to all other Applications proposing Multifamily Development that meet the requirements of this NOFA, the HOME Program Rule, and the Federal HOME regulations. Of the funds available under the General Set-Aside, $9,471,008 is made available from the 2012 allocation, $5,000,000 reprogrammed from other activities, $2,556,976 remaining from the 2011 MFD NOFA, and $9,704,224 in funds from the Department's balance of funds available for programming. Funds under the General Set-Aside are subject to the Regional Allocation Formula (RAF). An Applicant may have only one active Application per Development at a time and may only apply under one set-aside at a time. Additionally, the following processes will be followed for the review and award of Applications:

(I) Once all funds from the CHDO Set-Aside have been awarded, all pending Applications remaining in this set-aside will be considered for funds under the General Set-Aside;

(II) Once all funds from the Persons with Disabilities Set-Aside have been awarded, pending Applications under this set-aside must reapply to be considered under the General or other set-asides due to the different statutory and program requirements for these funds; and

(III) The Department may require completion of the CHDO Certification process for Applications that originally applied under the CHDO Set-Aside but receiving funds from the General Set-Aside in order to meet the Department's future obligations to award funds for CHDO activities.

(iv) Transfer of Active Applications. Applications that remain active under the 2011 HOME MFD NOFA are eligible to receive funds under this NOFA without an additional application or election from an applicant. Each transferred application must continue to meet the applicable rules and requirements of this NOFA and the rules under which their Application was submitted.

(b) This NOFA will be conducted as an open Application cycle and funding will be available on a first-come, first-served basis with transferred applications (referenced in §(2)(a)(iv) of this NOFA) maintaining their received date priority. Applications for funds under the CHDO or General Set-Asides are subject to the Regional Allocation Formula (RAF). Should any funds remain after awarding all eligible applications under the RAF, the funds will collapse statewide and become available to award to all other eligible applications regardless of region. The RAF tables for each set-aside can be accessed at www.tdhca.state.tx.us. Funds under the Persons with Disabilities Set-Aside are not subject to regional allocation.

(c) Based on the availability of funds, Applications for the statewide open Application cycle will be accepted until 5:00 p.m. September 30, 2012. Project funds awards are limited as follows:

(i) Up to $2,000,000 per Application under the General Set-Aside;

(ii) Up to $3,000,000 per Application under the CHDO Set-Aside; and

(iii) Up to $500,000 per Application under the Persons with Disabilities set-aside.

(d) Each CHDO that is awarded HOME funds may also be eligible to receive a grant of up to $50,000 for CHDO Operating Expenses, which are defined in 24 CFR §92.208 as including salaries, wages, and other employee compensation and benefits; employee education, training, and travel; rent; utilities; communication costs; taxes; insurance; and equipment, materials, and supplies.

(e) Developments involving rehabilitation must establish that the rehabilitation will substantially improve the condition of the housing and will involve at least $15,000 per unit in direct hard costs, unless the property is also being financed by the United States Department of Agriculture's Rural Development program.

(3) Application Submission.

(a) All Applications submitted under this NOFA must be received on or before 5:00 p.m. September 30, 2012. The Department will accept Applications from 8:00 a.m. to 5:00 p.m. each business day, excluding federal and state holidays from the date the NOFA Summary is published in the Texas Register until the deadline date. For questions regarding this NOFA, please contact Eileen Manes, Multifamily Loan Programs Manager, at eileen.manes@tdhca.state.tx.us.

(b) If an Application is submitted to the Department that requests funds from two separate housing finance programs, the Application will be handled in accordance with the guidelines for each housing program. The Applicant is responsible for adhering to the deadlines and requirements of both programs. Applicants layered with tax-exempt bonds must have submitted an application to the Bond Review Board prior to submitting an application for HOME funds.

(c) All Applications must be submitted, and provide all documentation, as described in this NOFA and associated Application materials.

(d) Applicants must submit the Application materials as detailed in the ASPM in effect at the time the Application is submitted. All scanned copies must be scanned in accordance with the guidance provided in the ASPM in effect at the time the Application is submitted.

(e) The Application consists of several parts as described in the ASPM. A complete Application for each proposed development must be submitted in an electronic PDF format on a recordable compact disc (CD-R). Incomplete Applications or improperly compiled Applications will not be accepted. Applicants must submit the Application materials as detailed in the ASPM in effect at the time the Application is submitted.

(f) Third Party Reports. Applications that have not submitted third party reports due to a later deadline under the housing tax credit program may be held as incomplete Applications until the housing tax credit deadline for submission of third party reports. Such Applications will not be considered complete Applications and shall not be assigned a "Received Date" until the third party reports are received.

(g) If a Development has an existing Housing Tax Credit allocation or HOME contract with the Department and construction on the development has not begun, an abbreviated Application for a HOME award or for an increase in the existing HOME award can be submitted under this NOFA. If additional funds are sought, such an Application may also request that the terms for the additional HOME funds also apply for the funds in an existing HOME Contract. The entire amount of HOME funds received from the Department may not exceed the maximum award per development as reflected in this NOFA for the respective set-aside. An Application qualifying for the abbreviated Application process may be considered by staff to have already met the threshold requirements without additional review unless staff determines additional documentation is required in accordance with §(8)(h) of this NOFA.

(h) The requirements of the abbreviated Application will be reflected in the Application Submission Procedures Manual (ASPM). In addition to the Application requirements in the ASPM, staff may use discretion to determine if additional information that is typically required in the full Application (including third party reports) is necessary or prudent in order to review for compliance with state or federal rules or due to changes in the market since last reviewed by the Department. Full Application and an amendment may be required for any Application that includes changes to the previous Board approved Application beyond those that are directly related to the development costs, financing structure or additional HOME program related requirements or that affect an existing allocation of Housing Tax Credits.

(i) All Application materials including manuals, NOFAs, program guidelines, and all applicable HOME rules, will be available on the Department's website at www.tdhca.state.tx.us. Applications will be required to adhere to the HOME Rule and threshold requirements in effect at the time of the Application submission. Applications must be on forms provided by the Department, and cannot be altered or modified and must be in final form before submitting them to the Department.

(j) Applicants are required to remit a non-refundable Application fee payable to the Texas Department of Housing and Community Affairs in the amount of $500.00 per Application. Payment must be in the form of a check, cashier's check or money order. Do not send cash. Section 2306.147(b) of the Texas Government Code requires the Department to waive Application fees for nonprofit organizations that offer expanded services such as child care, nutrition programs, job training assistance, health services, or human services. These organizations must include proof of their exempt status and a description of their supportive services in lieu of the Application fee. An Application fee is not required for Applications submitted pursuant to §(8)(g) of this NOFA and that have an existing HOME Contract with the Department. The Application fee is not a reimbursable cost under the HOME Program.

(k) This NOFA does not include text of the various applicable regulatory provisions pertinent to the HOME Program. For proper completion of the application, the Department strongly encourages potential applicants to review the state and federal regulations, and contact the HOME Division for guidance and assistance.

(l) Applications must be sent via overnight delivery, or delivered by hand to:

HOME Program Division

Texas Department of Housing and Community Affairs

Attn: Misael Arroyo

221 East 11th Street

Austin, Texas 78701-2410

or via the U.S. Postal Service to:

HOME Program Division

Texas Department of Housing and Community Affairs

Attn: Misael Arroyo

Post Office Box 13941

Austin, Texas 78711-3941

TRD-201203062

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 13, 2012


Texas Lottery Commission

Instant Game Number 1439 "Bingo Multi-Prize"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1439 is "BINGO MULTI-PRIZE". The play style for the game BINGO is "bingo".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1439 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 1439.

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 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 and FREE.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. Crossword and Bingo style games do not typically have play symbol captions. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Figure 1: GAME NO. 1439-1.2D

E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining ten (10) digits of the Serial Number are the Validation Number. 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 $5.00, $10.00, $15.00 or $20.00.

G. Mid-Tier Prize - A prize of $25.00, $30.00, $40.00, $50.00, $75.00, $100, $200 or $500.

H. High-Tier Prize - A prize of $1,000, $2,000, $5,000, $20,000 or $50,000.

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 (1439), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 1439-0000001-001.

K. Pack - A pack of "BINGO MULTI-PRIZE" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the pack; the back of ticket 075 will be revealed on the back of the pack. All packs will be tightly shrink-wrapped. There will be no breaks between the tickets in a pack. Every other book will reverse i.e., reverse order will be: the back of ticket 001 will be shown on the front of the pack and the front of ticket 075 will be shown on the back of the pack.

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 "BINGO MULTI-PRIZE" Instant Game No. 1439 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 "BINGO MULTI-PRIZE" Instant Game is determined once the latex on the ticket is scratched off to expose 195 (one hundred ninety-five) play symbols. The player must scratch off the CALLER'S CARD area to reveal 24 (twenty-four) BINGO Numbers and 6 (six) BONUS NUMBERS. MULTI PRIZE CARD: Scratch all numbers that match the BINGO Numbers and BONUS NUMBERS on the CALLER'S CARD. If you reveal all numbers in one horizontal row, multiply the total prizes for CARDS 1 through 6 by the PRIZE MULTIPLIER for that row. The player must scratch all of the BINGO Numbers and BONUS NUMBERS on CARDS 1 through 6 that match the Bingo Numbers and Bonus Numbers on the CALLER'S CARD. Each "CARD" has a corresponding prize legend. Players win by matching those same numbers on the six Player's CARDS. If the player finds a diagonal, vertical or horizontal straight line, the four corners of the grid, or an X pattern, the player wins a prize according to the legend of the respective playing grid. 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 prize according to the legend of the respective playing CARD. If the player matches all bingo numbers in all four (4) corners pattern in any one CARD, the player wins prize according to the legend of the respective playing CARD. If the player matches all bingo numbers plus FREE Space to make a complete "X" pattern in any one CARD, the player wins prize according to the legend of the respective playing CARD. If the player matches all bingo numbers in all four (4) corners pattern in any one CARD, the player wins prize according to the legend of the respective playing CARD. If the player matches all bingo numbers plus FREE Space to make a complete "X" pattern in any one CARD, the player wins prize according to the legend of the respective playing 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 195 (one hundred ninety-five) Play Symbols must appear under the Latex Overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption; Crossword and Bingo style games do not typically have play symbol captions.

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 195 (one hundred ninety-five) Play Symbols under the Latex Overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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 195 (one hundred ninety-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 195 (one hundred ninety-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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 within a pack will not have identical patterns.

B. A ticket will win as indicated by the prize structure.

C. A ticket can win up to six times.

D. BINGO CARDS: There will never be more than one win on a single BINGO CARD.

E. BINGO CARDS: The highest prize won per card will be paid.

F. BINGO CARDS: No duplicate numbers will appear on the CALLER'S CARD.

G. BINGO CARDS: No duplicate numbers will appear on each individual BINGO CARDS.

H. BINGO CARDS: The number range used for each letter (B, I, N, G, O) will be as follows: B (01-15), I (16-30), N (31-45), G (46-60), O (61-75).

I. BINGO CARDS: Each BINGO CARD on the same ticket must be unique.

J. BINGO CARDS: The 24 CALLER'S CARD numbers and 6 BONUS NUMBERS will match 53 to 83 numbers per ticket.

K. BINGO CARDS: The majority of the tickets will have unique configurations.

L. BINGO CARDS: There will be at least one (1) 'near win' on each of the six (6) BINGO CARDS on each non-winning ticket.

M. BINGO CARDS: A "near win" is one number short of a complete horizontal, vertical, diagonal line or 4 corners, except for the "X" where there are two numbers less, one in each diagonal line (one of which must be a corner).

N. MULTI-PRIZE CARD: All numbers within the MULTI-PRIZE CARD will be unique.

O. MULTI-PRIZE CARD: Only one completed combination per MULTI-PRIZE CARD per ticket (i.e., on any ticket, if the "5X PRIZE" row is completed, the "2X PRIZE" and "10X PRIZE" rows will not be completed).

P. Non-winning tickets will not have a completed combination in any MULTI-PRIZE CARD.

2.3 Procedure for Claiming Prizes.

A. To claim a "BINGO MULTI-PRIZE" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $25.00, $30.00, $40.00, $50.00, $75.00, $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 $25.00, $30.00, $40.00, $50.00, $75.00, $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 2.3.C of these Game Procedures.

B. To claim a "BINGO MULTI-PRIZE" Instant Game prize of $1,000, $2,000, $5,000, $20,000 or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "BINGO MULTI-PRIZE" 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 Texas Lottery is not responsible for tickets lost in the mail. 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:

1. a sufficient amount from the winnings of a prize winner who has been finally determined to be:

a. delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code §403.055;

b. in default on a loan made under Chapter 52, Education Code; or

c. in default on a loan guaranteed under Chapter 57, Education Code; and

2. delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231, Family Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "BINGO MULTI-PRIZE" 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 $600 or more from the "BINGO MULTI-PRIZE" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any rights to a prize that is 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 15,000,000 tickets in the Instant Game No. 1439. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1439 - 4.0

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

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. 1439 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 will be made in accordance with the instant game closing procedures and the Instant Game Rules. See 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. 1439, 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-201203054

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 13, 2012


Instant Game Number 1449 "Chili Pepper Tripler"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1449 is "CHILI PEPPER TRIPLER". The play style is "key symbol match".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1449 shall be $3.00 per ticket.

1.2 Definitions in Instant Game No. 1449.

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 ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, BLACK STAR SYMBOL, $3.00, $6.00, $8.00, $9.00, $10.00, $15.00, $18.00, $24.00, $30.00, $60.00, $90.00, $100, $300, $1,000, $3,000 and $30,000. The possible red play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and RED FLAME SYMBOL.

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. 1449 - 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 is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining ten (10) digits of the Serial Number are the Validation Number. 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 $3.00, $6.00, $9.00, $15.00, $18.00 or $24.00.

G. Mid-Tier Prize - A prize of $30.00, $60.00, $90.00 or $300.

H. High Tier Prize - A prize of $3,000 or $30,000.

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 (1449), 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: 1449-0000001-001.

K. Pack - A pack of "CHILI PEPPER TRIPLER" 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.

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 "CHILI PEPPER TRIPLER" Instant Game No. 1449 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 "CHILI PEPPER TRIPLER" Instant Game is determined once the latex on the ticket is scratched off to expose 30 (thirty) play symbols. If a player reveals a "BLACK STAR" play symbol, the player wins the PRIZE for that symbol. If a player reveals a "RED FLAME" play symbol, the player wins TRIPLE the PRIZE for that symbol. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 30 (thirty) 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 30 (thirty) 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 30 (thirty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 30 (thirty) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No four or more duplicate non-winning prize symbol(s) on a ticket.

C. No prize amount in a non-winning spot will correspond with the play symbol (i.e., 3 and $3).

D. A non-winning prize symbol will never be the same as a winning prize symbol.

E. No duplicate non-winning play symbols on a ticket regardless of color.

F. The "BLACK STAR" (auto win) play symbol will only appear as dictated by the prize structure.

G. The "RED FLAME" (tripler) play symbol will only appear as dictated by the prize structure.

H. Every ticket will contain a minimum of four (4) and a maximum of seven (7) red play symbols unless otherwise restricted by the prize structure.

I. Non-winning play symbols and captions will appear in both black and red imaging.

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

2.3 Procedure for Claiming Prizes.

A. To claim a "CHILI PEPPER TRIPLER" Instant Game prize of $3.00, $6.00, $9.00, $15.00, $18.00, $24.00, $30.00, $60.00, $90.00 or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $30.00, $60.00, $90.00 or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B of these Game Procedures.

B. To claim a "CHILI PEPPER TRIPLER" Instant Game prize of $3,000 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 "CHILI PEPPER TRIPLER" 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 Texas Lottery is not responsible for tickets lost in the mail. 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:

1. a sufficient amount from the winnings of a prize winner who has been finally determined to be:

a. delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code §403.055;

b. in default on a loan made under Chapter 52, Education Code; or

c. in default on a loan guaranteed under Chapter 57, Education Code; and

2. delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231, Family Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.C 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 under $600 from the "CHILI PEPPER TRIPLER" 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 $600 or more from the "CHILI PEPPER TRIPLER" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000 tickets in the Instant Game No. 1449. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1449 - 4.0

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

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. 1449 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 will be made in accordance with the instant ticket game closing procedures and the Instant Game Rules. See 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. 1449, 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-201203055

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 13, 2012


Instant Game Number 1455 "High Roller"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1455 is "HIGH ROLLER". The play style is "key number match".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1455 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 1455.

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

D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Figure 1: GAME NO. 1455 - 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 is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining ten (10) digits of the Serial Number are the Validation Number. 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 $5.00, $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, $5,000 or $100,000.

I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) Bar Code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the ticket.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1455), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 1455-0000001-001.

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

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 "HIGH ROLLER" Instant Game No. 1455 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 "HIGH ROLLER" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) play symbols. If a player matches any of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols, the player wins the PRIZE for that number. If a player reveals a "2X" play symbol, the player wins DOUBLE the PRIZE for that symbol. If a player reveals a "10X" play symbol, the player wins 10 TIMES the PRIZE for that symbol. If a player reveals a "WIN" play symbol, the player wins ALL 20 PRIZES instantly! No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

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

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.2 Programmed Game Parameters.

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

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

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

D. No more than four identical non-winning prize symbols on a ticket.

E. A non-winning prize symbol will never be the same as a winning prize symbol.

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

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

H. The "2X" (win x 2), "10X" (win x 10) and "WIN" (win all) play symbols will only appear on intended winning tickets as dictated by the prize structure.

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

2.3 Procedure for Claiming Prizes.

A. To claim a "HIGH ROLLER" Instant Game prize of $5.00, $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 of these Game Procedures.

B. To claim a "HIGH ROLLER" Instant Game prize of $1,000, $5,000 or $100,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "HIGH ROLLER" 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 Texas Lottery is not responsible for tickets lost in the mail. 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:

1. a sufficient amount from the winnings of a prize winner who has been finally determined to be:

a. delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code §403.055;

b. in default on a loan made under Chapter 52, Education Code; or

c. in default on a loan guaranteed under Chapter 57, Education Code; and

2. delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231, Family Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.C 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 under $600 from the "HIGH ROLLER" 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 $600 or more from the "HIGH ROLLER" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any rights to a prize that is 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 6,000,000 tickets in the Instant Game No. 1455. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1455 - 4.0

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

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. 1455 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 will be made in accordance with the instant ticket game closing procedures and the Instant Game Rules. See 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. 1455, 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-201203056

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 13, 2012


Notice of Public Comment Hearing

A public hearing to receive public comments regarding the proposed amendments to 16 TAC §402.100 relating to Definitions, 16 TAC §402.103 relating to Training Program, 16 TAC §402.200 relating to General Restrictions on the Conduct of Bingo, 16 TAC §402.202 relating to Transfer Funds, 16 TAC §402.203 relating to Unit Accounting, 16 TAC §402.204 relating to Prohibited Price Fixing, 16 TAC §402.205 relating to Unit Agreements, and 16 TAC §402.600 relating to Bingo Reports, will be held on Wednesday, July 11, 2012, 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, Texas Lottery Commission, at (512) 344-5113 at least 72 hours prior to the public hearing.

TRD-201202987

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 11, 2012


Panhandle Regional Planning Commission

Legal Notice

The Panhandle Regional Planning Commission (PRPC) seeks a vendor(s) that can supply purchase (e.g., gift) cards usable by workforce development program customers at most retail outlets in the Panhandle Workforce Development Area.

A copy of the Request for Information (RFI) is available from Leslie Hardin, Workforce Development Division Coordinator, at (806) 372-3381/(800) 477-4562 or lhardin@theprpc.org. Copies of the RFI may also be obtained at PRPC's offices located at 415 West Eighth Street in Amarillo, Texas. Responses must be received by 3:00 p.m., Friday, July 6, 2012.

TRD-201202948

Leslie Hardin

Workforce Development Coordinator

Panhandle Regional Planning Commission

Filed: June 8, 2012


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 5, 2012, to amend 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 or Amendment to a State-Issued Certificate of Franchise Authority, Project Number 40462.

The requested amendment is to expand the service area footprint to include the municipality of Corpus Christi, 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 telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll free) at (800) 735-2989. All inquiries should reference Project Number 40462.

TRD-201202962

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 8, 2012


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

The Public Utility Commission of Texas received an application on June 5, 2012, to amend 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 a State-Issued Certificate of Franchise Authority, Project Number 40463.

The requested amendment is to expand the service area footprint to include the municipalities of Dallas and Irving, 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 telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll free) at (800) 735-2989. All inquiries should reference Project Number 40463.

TRD-201202963

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 8, 2012


Notice of Application for Amendment to Certificated Service Area Boundary

Notice is given to the public of an application filed on June 5, 2012 with the Public Utility Commission of Texas for an amendment to a certificated service area boundary in Bexar County, Texas.

Docket Style and Number: Application of Guadalupe Valley Telephone Cooperative, Inc. for an Amendment to a Certificate of Convenience and Necessity for a Minor Service Area Boundary Change in Bexar County. Docket Number 40461.

The Application: The minor boundary amendment is being filed to adjust the boundary between the Balcones exchange of Guadalupe Valley Telephone Cooperative, Inc., and the Helotes exchange of AT&T Texas. The amendment will transfer a portion of AT&T Texas' serving area in the Helotes exchange to Guadalupe Valley Telephone Cooperative, Inc.'s Balcones exchange. AT&T Texas has provided a letter of concurrence endorsing this proposed change.

Persons wishing to comment on the action sought or to intervene should contact the Public Utility Commission of Texas by June 29, 2012, 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 telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) at (800) 735-2989. All comments should reference Docket Number 40461.

TRD-201202961

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 8, 2012


Notice of Application for Approval of the Provision of Non-Emergency 311 Service

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) for approval to provide non-emergency 311 services.

Docket Style and Number: Application of Southwestern Bell Telephone, L.P., dba AT&T Texas for Administrative Approval to Provide Non-Emergency 311 Service for the City of El Paso; Docket Number 40467.

The Application: On June 6, 2012, Southwestern Bell Telephone, L.P., dba AT&T Texas (AT&T Texas) filed an application pursuant to P.U.C. Substantive Rule §26.127 for approval to provide Non-Emergency 311 (NE311) service.

As a certified telecommunications utility, AT&T Texas seeks approval on behalf of the City of El Paso to provide NE311 service to residents within the city limits of El Paso, Texas, and portions of surrounding communities in AT&T Texas' certificated area. NE311 service is available to local governmental entities to provide to their residents an easy-to-remember number to call for access to non-emergency services. By implementing NE311 service, communities can improve 911 response times for those callers with true emergencies. Each local government entity that elects to implement NE311 service will determine the types of non-emergency calls that will be handled by their 311 call center.

Persons who wish to comment on this application should notify the Public Utility Commission of Texas, by July 22, 2012. Requests for further information should be mailed to the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326, or you may call the commission's Office of Customer Protection at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.

TRD-201202966

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 11, 2012


Notice of Application for a 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 8, 2012, 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 Baltimore-Washington Telephone Company for a Service Provider Certificate of Operating Authority, Docket Number 40470.

Applicant intends to provide data, facilities-based, and resale telecommunications services.

Applicant proposes the geographic area of 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 (888) 782-8477 no later than June 29, 2012. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll-free at (800) 735-2989. All comments should reference Docket Number 40470.

TRD-201203028

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 11, 2012


Notice of Internal Ownership Interest Transfer

Notice is given to the public of the transfer of an ownership interest in Electric Transmission Texas, LLC (ETT) from one subsidiary of American Electric Power Company, Inc. (AEP), AEP Utilities, Inc., to another subsidiary of AEP, AEP Transmission Holding Company LLC. This transfer will align AEP's transmission companies under a single transmission-focused organizational structure, create a larger transmission entity more attractive to raising capital, and increase transparency from an investor relations perspective. The transaction will not affect the rates, service company employees, or operations of ETT. The proceeding was filed with the Public Utility Commission of Texas on May 31, 2012, pursuant to the Public Utility Regulatory Act, Tex. Util. Code Ann. §§14.101, 39.262, and 39.915 (Vernon 2007 and Supp. 2011) (PURA).

Docket Style and Number: Application of Electric Transmission Texas, LLC for Approval of Internal Ownership Interest Transfer, Docket Number 40448.

The Application: ETT filed an application for approval of an internal ownership interest transfer to the extent necessary under PURA §§14.101, 39.262 or 39.915. Subsidiaries of AEP and MidAmerican own equal shares of ETT. Under this transaction, AEP Utilities will transfer its 50% membership interest to AEP Transmission and AEP Transmission Partner. MidAmerican's 50% interest will remain unaffected.

Persons who wish to intervene in or comment upon this application should notify the Public Utility Commission of Texas as soon as possible, as an intervention deadline will be imposed. A request to intervene or for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326. Further information may also be obtained by calling the Public Utility Commission 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. All correspondence should refer to Docket Number 40448.

TRD-201203027

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 11, 2012


Texas Department of Transportation

Request for Information

The Texas Department of Transportation (department) is seeking information that may assist in the development, construction, and operation of an ancillary facility in support of toll roads in the Central Texas area. For this Request for Information (RFI), an ancillary facility is defined as facilities and services provided on a toll road through the lease of right of way for the purpose of providing toll customer support services including a gas station, garage, store, hotel, restaurant, railroad tracks, utilities, and telecommunications facilities and equipment. The department is also soliciting information to determine the availability of capable operator/developer teams that can accomplish this task. This RFI is issued solely to obtain information to assist the department in its planning process and to identify operators/developers that may be interested in participating in any future procurement.

This RFI does not constitute a Request for Qualifications (RFQ), a Request for Proposals (RFP), or other solicitation document, nor does it represent an intention to issue an RFQ or an RFP in the future. This RFI does not commit the department to contract for any supply or service whatsoever, nor will any response to this RFI be considered in the evaluation of any response to a solicitation document. The department will not pay for any information or administrative cost incurred in response to this RFI.

1. Overview

The department currently operates SH 130, a multi-lane, limited access toll facility, which currently begins north of Georgetown, Texas, and extends 49 miles south to US 183 in southeast Travis County. The department also anticipates that an additional 41 miles of SH 130, currently under construction, will come on line late 2012 through Caldwell and Guadalupe counties providing for a continuous route from north of Georgetown to I-10 northeast of Seguin. The department is dedicated to providing a safe and efficient system of tolled highways while ensuring the highest possible level of service and efficiency to its customers. The department intends to provide the traveling public with the option to obtain basic motorist services (food, gasoline, rest area, restrooms, etc.) without having to exit the corridor to search for those services. The nearest facility providing similar services is approximately 4 miles away.

At a minimum, an ancillary facility should provide for food, gas, and rest area services, and may include additional services as allowed by statute. The department currently owns right of way in between the main lanes of SH 130, Segment 3, just north of the Colorado River in Travis County. The available right of way is approximately 2,875 feet longitudinal to the main lanes and approximately 450 feet wide (+/- 30 acres). Access to the facility site would be accomplished by left ingress/egress ramps which would be provided by the operator/developer as part of the overall site development. Additional requirements may be explored to provide for added truck parking, transfer docks, or other maintenance type activities. This site may also serve as a point of sale for TxTAG or similar related functions. The department would be responsible for providing the environmental documentation and securing needed environmental approvals for the site.

2. Information Requested

Purpose - The purpose of this RFI is to gauge industry interest in a long term lease, finance, develop, and operate contract process.

Objectives - the department anticipates leasing the available right of way to a developer for turn-key installation of an ancillary facility(ies).

The objectives of this RFI include:

A. Identification of potential services that may be offered to toll road customers.

B. Identification of potential funding sources to maximize services provided.

C. Identification of flexible, cost-effective business models that may provide for additional revenue through cost sharing or similar arrangements.

D. Areas of specific interest:

i. Added services that may enhance driver safety.

ii. Added services that may attract or support additional toll road users.

iii. Added services that may attract or support the trucking industry.

3. Functional Requirements

This RFI is issued for the purpose of obtaining information that will be reviewed and evaluated by a team composed of staff from different functional areas within the department. It is the department's intent to analyze the responses to determine appropriate and suitable solutions to meet the department's requirements and to potentially develop specifications for a future request for offer (RFO) or request for proposals (RFP).

4. Work Task Requirements

This project may consist of the following components:

A. Telecommunications Elements or Services

B. Construction

i. Civil site development

ii. Architectural site development

iii. Underground storage tanks

iv. Survey/geotechnical testing

v. Signing, signing structures, and installation

vi. Utilities (water, electricity, etc.)

vii. Intermodal services

viii. Stormwater control structure(s)

ix. Wastewater treatment system

x. Rest area

xi. Loading docks

xii. Environmental hazard

xiii. Incidental construction

C. Contract Administration

i. Project management

ii. Design/development

iii. Documentation/as-built plans

iv. Coordination with the department and others (as needed)

v. Miscellaneous

D. Ancillary Facility Maintenance

E. Mobilization, Bonds, Insurance, and Letter of Credit

F. All That is Necessary

Provide any and all necessary services, equipment, and/or systems that are required for a complete and functional ancillary facility as described herein.

5. Response Format

Please number the answers to match the question numbers below. In addition, please provide a brief (no more than 3 page) summary of your organization and your previous experience with this type of service and other relevant qualifications.

Respondents are invited to provide a written summary, and any additional literature, of how best to address this RFI. The response should be organized with separate sections as follows:

1.1 Title Page

The title page should include:

(a) The following title and subtitle:

SH 130 ANCILLARY FACILITIES SERVICES

Response to the Request for Information from the State of Texas

(b) Company name, address, and point-of-contact name.

1.2 Company Overview

(a) Company Profile - A statement describing your company, products, services, approaches, etc. including any relevant materials, documents, white papers, websites, etc.

(b) Point-of-Contact - Identification of a single point of contact to respond to any questions regarding the response, including name, e-mail address, telephone number, and address.

1.3 Solution Description

(a) Proposed Services Overview - An overview of the proposed services you would anticipate providing to the department should the department move forward with a procurement, including a description of the business model(s) that would achieve the proposed objectives of this RFI.

1.4.Solution Approach

(a) Project Management - A statement describing your approach to project management.

(b) Requirements Gathering - A statement of your approach to discovery and documentation of the existing environment and validation of the business requirements.

(c) Estimated Timeline - Estimate of implementation timeframe for the development and implementation of the services.

1.5 Infrastructure

(a) Civil Site Development and Requirements.

(b) Architectural Site Development and Requirements.

(c) Service Levels - Recommended and/or proposed service levels typically associated with this service and any specific examples of metrics that are commonly tracked to indicate the status and/or performance levels that may be monitored.

(d) Services - A statement of the service options that might be available for this facility.

1.6 Attachments

Any relevant materials, documents, white papers, websites, etc., that help describe the services, products, approaches, etc. involved in the proposed facility.

6. Confidentiality/Public Information Act

All written correspondence, exhibits, photographs, reports, other printed material, tapes, electronic disks, and other graphic and visual aids submitted to the department in response to this RFI are, upon their receipt by the department, the property of the State of Texas, may not be returned to the submitting parties, and are subject to the Government Code, Chapter 552, Public Information Act (the "Act"). Respondents should familiarize themselves with the provisions of the Act. In no event shall the State of Texas, the department, or any of their agents, representatives, consultants, directors, officers, or employees be liable to a respondent for the disclosure of all or a portion of the information submitted in response to this RFI.

If the department receives a request for public disclosure of all or any portion of a response, the department will use reasonable efforts to notify the applicable respondent of the request and give such respondent an opportunity to assert, in writing and at its sole expense, a claimed exception under the Act or other applicable law within the time period specified in the notice issued by the department and allowed under the Act.

If a respondent has special concerns about information which it desires to make available to the department but which it believes constitute a trade secret, proprietary information, or other information excepted from disclosure, such respondent should specifically and conspicuously designate that information by placing "CONFIDENTIAL" in the center header of each page affected. Blanket, all inclusive identifications by designation of whole pages or sections as containing proprietary information, trade secrets, or confidential commercial or financial information are discouraged and may be deemed invalid. Nothing contained in this provision shall modify or amend requirements and obligations imposed on the department by the Act or other applicable law, and the provisions of the Act or other laws shall control in the event of a conflict between the procedures described above and the applicable law.

The department will submit a request for an opinion from the Office of the Attorney General prior to disclosing any documents designated as "confidential." The respondent shall then have the opportunity to assert its basis for non-disclosure to the Office of the Attorney General; however, it is the sole responsibility of the respondent to monitor such proceedings and make timely filings. The department may, but is not obligated to make, filings of its own concerning possible disclosure; however, the department is under no obligation to support the positions of respondent. Under no circumstances will the department be responsible or liable to a respondent or any other party as a result of disclosing any such labeled materials, whether the disclosure is deemed required by law, by an order of court, or occurs through inadvertence, mistake, or negligence on the part of the department or its officers, employees, contractors, or consultants.

The department will not advise a submitting party as to the nature or content of specific documents entitled to protection from disclosure under the Act or other Texas laws or as to the interpretation of such laws. Each respondent is advised to contact its own legal counsel concerning the effect of applicable laws to the submitting party's own circumstances.

In the event of any proceeding or litigation concerning the disclosure of any material submitted by the respondent, the department will be a stakeholder retaining the material until otherwise ordered by a court or such other authority having jurisdiction with respect thereto, and the respondent shall be responsible for otherwise prosecuting or defending any action concerning the materials at its sole expense and risk; provided, however, that the department reserves the right, in its sole discretion, to intervene or participate in the litigation in such manner as it deems necessary or desirable.

7. General Information

RFI Issuance Date: June 22, 2012

RFI Response Deadline: 3:00 PM on July 25, 2012

Format: Please submit 5 paper copies and one complete electronic copy of the response to this RFI to the Point of Contact listed below.

Questions: Questions regarding this RFI should be submitted in writing to the Point of Contact at the email address listed below. The department will post responses to questions on the RFI website without identifying the party(ies) submitting the questions. Respondents are encouraged to submit questions prior to July 3, 2012.

RFI Website and Addenda: The department will post any addenda to the RFI on the RFI website. It is the respondent's responsibility to monitor the RFI website on a regular basis for updates, questions and responses, addenda, and additional RFI documents and information. The RFI website is http://www.txdot.gov/business/projects/toll_support.htm.

The department reserves the right to modify the above anticipated schedule milestones at any time and for any reason. At its option, the department may also elect to follow-up directly with respondents with more detailed questions or to clarify submissions.

Contracting Office Address:

Texas Department of Transportation - Toll Operations Division

12719 Burnet Road

Austin, Texas 78727

Point of Contact:

Marcy Saenz, P.E.

Toll Operations Division

Texas Department of Transportation

12719 Burnet Road

Austin, Texas 78727

Telephone: (512) 874-9708

E-mail: TxDOT-TOD-RFI-SH130AF@TXDOT.GOV

TRD-201203066

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: June 13, 2012


Revised Notice of Intent - Loop 375 Border Highway West Extension Project, El Paso County, Texas

Pursuant to 43 Texas Administrative Code §2.5(e)(2), the Texas Department of Transportation (department) is issuing this notice to advise the public that a state-level Environmental Impact Statement (EIS) will be prepared for a proposed transportation project, Loop 375 Border Highway West Extension Project in El Paso, Texas. The proposed project limits would be from Racetrack Drive to US 54 and would extend for approximately nine miles.

The project limits have been revised to extend the eastern project limits to US 54, approximately 1 mile, to include a new interchange at Coles Street. The Coles Street interchange would allow for much needed direct access from the east to downtown. This connection would provide a new, non-toll access point between US 54 and Santa Fe Street. The department also determined a need to revise the alternatives near the western terminus at US 85 and Racetrack Drive. Information regarding a proposed levee project, railroad easements, and potential historic structures became available following the December 2011 public scoping meeting. The revised alternatives at the US 85, Racetrack Drive, Doniphan Drive, and New Mexico 273 (McNutt Road) interchange would provide for a controlled access connection, better ramping configurations, improved trip circulation, and improved incident management for I-10.

The project would provide a continuation of Loop 375, starting south of downtown and heading northwest. Currently traffic crossing the downtown area must take a circuitous route on local streets. Traffic starting at Park Street must take a four lane boulevard to US 62, and take US 85 from US 62 to New Mexico Route 273. The proposed project is currently included in the Mission 2035 Metropolitan Transportation Plan as a new four-lane partially controlled access facility that may follow portions of existing Loop 375 or US 85. Due to the changes in project funding, the project will proceed as a state-level EIS. This project description is subject to revision based on agency and public input as well as the completion of the alternatives analysis process.

The project would add capacity and upgrade the existing facility to a controlled access facility with four through-lanes (two lanes in each direction).

The EIS will evaluate potential impacts from construction and operation of the project, including, but not limited to, the following: impacts or potential displacements to residents and businesses; detours; air and noise impacts from construction equipment and operation of the project; water quality impacts from the construction area and from roadway storm water runoff; impacts to waters of the United States; impacts to historic and archeological resources; impacts to floodplains; impacts to socio-economic resources (including environmental justice and limited English proficiency populations); indirect impacts; cumulative impacts; land use; vegetation; wildlife; and aesthetic and visual resources. Unique and potential significant impacts could include aesthetic and visual resources, noise, water quality, and cultural resources.

The department will consider several alternatives intended to satisfy the identified need and purpose. The alternatives will include the no-build alternative, Transportation System Management/Transportation Demand Management, mass transit, and roadway build alternatives. The roadway build alternatives may include limited access and non-limited access (arterial) designs, and toll and non-toll lanes. There are international crossings located within the project limits and the department will study the need to elevate or depress portions of the proposed facility.

The project may require approvals by the federal government under Section 401 or 404 of the Clean Water Act and Section 7 of the Endangered Species Act. The actual approvals required may change after the department completes field surveys and selects the alignment for the project.

A revised project coordination plan has been prepared to guide coordination of public and agency participation in and comment on the environmental review process. Revisions to the Coordination Plan reflect the change to a state EIS process, change in project limits as stated in this notice, new state rule requirements effective April 16, 2012, and general updates and summary of information based on status of project development. The project coordination plan is designed to be part of a flexible and adaptable process. The revised plan will be available for public review at public meetings and hearings held throughout the environmental process, and upon request at the department's El Paso District Office. The public may submit comments on the revised coordination plan for a period of 30 days following the date of publication of this notice.

A scoping meeting is an opportunity for participating agencies, cooperating agencies, and the public to be involved in defining the need and purpose for the proposed project, to assist in determining the range of alternatives for consideration in the draft EIS, and to comment on methodologies to evaluate alternatives. The department has already held scoping meetings on October 23, and October 30, 2007, December 8, 2011, and June 20, 2012. The deadline for public comment on materials presented at the scoping meeting is July 2, 2012.

Public notices of any public meeting or hearing held on this project will be given stating the date, time, and location of the meeting or hearing and will be published in English as well as Spanish. Provision will be made for those with special communication needs, including translation if requested. The department will also send correspondence to federal, state, and local agencies, and to organizations and individuals who have previously expressed or are known to have an interest in the project, which will describe the proposed project and solicit comments. The department invites comments and suggestions from all interested parties to ensure that the full range of issues related to the proposed project are identified and addressed. Comments or questions should be directed to the department at the address set forth below.

A proposed schedule for completion of the environmental review process is available on the department's website: http://www.txdot.gov/project_information/projects/el_paso/border_highway_west.htm.

Agency Contact: Comments or questions concerning this proposed action and the EIS should be sent to Eduardo Calvo, Advance Transportation Planning Director, El Paso District, Texas Department of Transportation, 13301 Gateway Boulevard West, El Paso, Texas 79928-5410; telephone (915) 790-4200.

TRD-201203067

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: June 13, 2012