IN ADDITION

Office of the Attorney General

Notice of Settlement of a Texas Water Code Enforcement Action

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

Case Title: State of Texas v. United States of America, et al., Civil Action No. 4:16-cv-2726, in the U.S. District Court for the Southern District of Texas.

Background: This is an action for Superfund cost recovery arising from the cleanup of the ArChem/Thames Chelsea State Superfund Site, a 10.14 acre tract located at 13103 Conklin Lane, Houston, Harris County, Texas. The Site was operated as a specialty chemical and toll manufacturing facility, and a wide range of organic chemicals and catalysts was manufactured there. The Site contained processing and waste handling equipment. Hazardous substances, including benzene, toluene, chlorobenzene, dichlorobenzene, methylene chloride, tetrachloroethylene, ethylbenzene and xylene, were disposed of at the Site and were released or threatened to be released into the environment.

The Texas Commission on Environmental Quality (TCEQ) conducted a remedial investigation of the Site between 2002 and 2005. The TCEQ issued an administrative order on July 15, 2009, calling for removal and off-site disposal of the contaminated materials, and naming parties responsible for the cleanup, including the U.S. Department of the Air Force. The TCEQ conducted the remedial action from December 2010 through March 2011. This cost recovery action was brought against the United States, et al., on September 8, 2016.

Nature of the Settlement: The lawsuit is to be settled by a Consent Decree in the U.S. District Court. The proposed Consent Decree provides for the payment of $200,000 by the United States to the State of Texas, designated as Superfund response costs, in partial reimbursement for the TCEQ's cleanup costs.

The Office of the Attorney General will accept written comments on the proposed settlement for thirty (30) days from the date of publication of this notice. Copies of the proposed settlement documents may be examined at the Office of the Attorney General, 300 W. 15th Street, 10th Floor, Austin, Texas. Copies may also be obtained in person or by mail at the above address for the cost of copying. Requests for copies of the settlement, and written comments on the same, should be directed to Thomas H. Edwards, Assistant Attorney General, Office of the Attorney General (MC-066), P.O. Box 12548, Austin, Texas 78711-2548; telephone (512) 463-2012, fax (512) 320-0911; email Thomas.Edwards@oag.texas.gov.

TRD-201703119

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: August 11, 2017


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 and §303.009, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/21/17 - 08/2717 is 18% for Consumer1/Agricultural/Commercial2 credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/21/17 - 08/27/17 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-201703136

Leslie Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: August 15, 2017


Credit Union Department

Application to Amend Articles of Incorporation

Notice is given that the following application has been filed with the Credit Union Department (Department) and is under consideration:

An application for a place of business change was received from Credit Union of Texas, Dallas, Texas. The credit union is proposing to change its domicile to 8131 LBJ Freeway, Suite 500, Dallas, Texas, 75251.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-201703160

Harold E. Feeney

Commissioner

Credit Union Department

Filed: August 16, 2017


Application to Expand Field of Membership

Notice is given that the following application has been filed with the Credit Union Department (Department) and is under consideration:

An application was received from City Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit persons who work, worship, reside or attend school in Rockwall County, Texas, to be eligible for membership in the credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.cud.texas.gov/page/bylaw-charter-applications. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-201703159

Harold E. Feeney

Commissioner

Credit Union Department

Filed: August 16, 2017


Notice of Final Action Taken

In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following applications:

Application to Expand Field of Membership - Approved

Texell Credit Union, Temple, Texas - See Texas Register issue dated May 26, 2017.

Amplify Credit Union, Austin, Texas - See Texas Register issue dated June 30, 2017.

Application to Amend Articles of Incorporation - Approved

Centex Citizens Credit Union, Mexia, Texas - See Texas Register issue dated June 30, 2017.

Southern Star Credit Union, Houston, Texas - See Texas Register issue dated June 30, 2017.

American Baptist Association Credit Union, Alvin, Texas - See Texas Register issue dated June 30, 2017.

TRD-201703158

Harold E. Feeney

Commissioner

Credit Union Department

Filed: August 16, 2017


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 September 25, 2017. 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 September 25, 2017. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission's 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: Arrowhead Pipeline, L.P.; DOCKET NUMBER: 2017-0524-AIR-E; IDENTIFIER: RN100212000; LOCATION: Sweeny, Brazoria County; TYPE OF FACILITY: natural gas processing plant; RULES VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), Texas Health and Safety Code (THSC), §382.085(b), Federal Operating Permit (FOP) Number O3162, Special Terms and Conditions (STC) Number 7, and New Source Review (NSR) Permit Number 79228, Special Conditions (SC) Number 1, by failing to comply with the maximum allowable emissions rates (MAER); and 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), THSC, §382.085(b), FOP Number O3162, STC Number 7, and NSR Permit Number 79228, SC Numbers 1, 5, and 8, by failing to comply with the permitted emissions rates; PENALTY: $51,039; ENFORCEMENT COORDINATOR: Abigail Lindsey, (512) 239-2576; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(2) COMPANY: BASF Corporation; DOCKET NUMBER: 2017-0665-AIR-E; IDENTIFIER: RN100223379; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: chemical processing and manufacturing plant; RULES VIOLATED: 30 TAC §§101.20(1), 116.115(c), and 122.143(4), 40 Code of Federal Regulations §60.18(f)(2), New Source Review Permit Number 19344, Special Conditions Number 2.B, Federal Operating Permit Number O1473, Special Terms and Conditions Numbers 1.A and 11, and Texas Health and Safety Code, §382.085(b), by failing to operate the flare with a constant pilot flame; PENALTY: $14,840; ENFORCEMENT COORDINATOR: Sandra Douglas, (512) 239-2549; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) COMPANY: CHIRAGH ENTERPRISE INCORPORATED dba Fraley's Store; DOCKET NUMBER: 2017-0803-PST-E; IDENTIFIER: RN101432797; LOCATION: Midway, Madison County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3421; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(4) COMPANY: City of Anna; DOCKET NUMBER: 2016-0675-MWD-E; IDENTIFIER: RN102754199; LOCATION: Anna, Collin County; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0011283001, Interim Effluent Limitations and Monitoring Requirements Number 1, Outfall Number 002., by failing to comply with permitted effluent limitations; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Caleb Olson, (512) 239-2541; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: City of Anton; DOCKET NUMBER: 2014-1208-MLM-E; IDENTIFIER: RN101720589; LOCATION: Anton, Hockley County; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §217.328(a) and (c), by failing to secure the facility with an intruder-resistant fence; 30 TAC §111.201 and Texas Health and Safety Code, §382.085(a), by failing to comply with the general prohibition on outdoor burning within the State of Texas; 30 TAC §305.125(1) and (5), and TCEQ Permit Number WQ0010021001, Special Provisions Number 3 and Operational Requirements Number 1, by failing to operate and maintain the facility in order to achieve optimum efficiency of treatment capability; and 30 TAC §217.251(d)(1)(E) and §305.125(1) and (5), and TCEQ Permit Number WQ0010021001, Special Provisions Number 3 and Operational Requirements Number 1, by failing to ensure that the facility and all of its systems of collection, treatment, and disposal are properly operated and maintained; PENALTY: $9,675; Supplemental Environmental Project offset amount of $7,740; ENFORCEMENT COORDINATOR: Had Darling, (512) 239-2520; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3421, (806) 796-7092.

(6) COMPANY: City of Edmonson; DOCKET NUMBER: 2017-0394-PWS-E; IDENTIFIER: RN101205375; LOCATION: Edmonson, Hale County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(e), by failing to operate the production, treatment, and distribution facilities at the public water system at all times under the direct supervision of a water works operator who holds an applicable, valid license issued by the executive director (ED); 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the facility and its equipment; 30 TAC §290.43(d)(3), by failing to equip the air injection lines with filters or other devices to prevent compressor lubricants or other contaminants from entering the facility's pressure tank; and 30 TAC §290.46(f)(2), by failing to have the water system's operating records accessible for review during inspections and be available to the ED upon request; PENALTY: $700; ENFORCEMENT COORDINATOR: James Fisher, (512) 239-2537; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(7) COMPANY: City of Grandview; DOCKET NUMBER: 2017-0655-MWD-E; IDENTIFIER: RN101918753; LOCATION: Grandview, Johnson County; TYPE OF FACILITY: sewage treatment plant; RULES VIOLATED: 30 TAC §305.125(1) and TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0010180001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $1,562; ENFORCEMENT COORDINATOR: Ronica Rodriguez, (512) 239-2601; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: Fikes Wholesale, Incorporated dba Taylor Food Mart 2068; DOCKET NUMBER: 2017-0480-PST-E; IDENTIFIER: RN101827483; LOCATION: Brownfield, Terry County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(a)(2) and §334.72, by failing to report suspected releases to the TCEQ within 24 hours of discovery; and 30 TAC §334.74, by failing to investigate a suspected release of a regulated substance within 30 days of discovery; PENALTY: $30,488; ENFORCEMENT COORDINATOR: John Paul Fennell, (512) 239-2616; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(9) COMPANY: GREEN CREEK WATER SUPPLY CORPORATION; DOCKET NUMBER: 2017-0599-PWS-E; IDENTIFIER: RN101268688; LOCATION: Stephenville, Erath County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(c)(2)(B), (h), and (i)(1), by failing to collect lead and copper tap samples at the required ten sample sites, have the samples analyzed, and report the results to the executive director (ED) for the January 1, 2015 - December 31, 2015, and the January 1, 2016 - December 31, 2016, monitoring periods; and 30 TAC §290.117(c)(2)(C), (h), and (i)(1), by failing to collect lead and copper tap samples at the required ten sample sites, have the samples analyzed, and report the results to the ED for the January 1, 2012 - December 31, 2014, monitoring period; PENALTY: $571; ENFORCEMENT COORDINATOR: Ross Luedtke, (512) 239-3157; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: Hidalgo County Drainage District Number 1; DOCKET NUMBER: 2017-0541-WQ-E; IDENTIFIER: RN105591697; LOCATION: Edinburg, Hidalgo County; TYPE OF FACILITY: small municipal separate storm sewer system (MS4); RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(a)(9)(i)(A), by failing to maintain authorization to discharge stormwater with a Texas Pollutant Discharge Elimination System General Permit for Small MS4; PENALTY: $15,000; Supplemental Environmental Project offset amount of $12,000; ENFORCEMENT COORDINATOR: Ross Luedtke, (512) 239-3157; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(11) COMPANY: L-3 Communications Integrated Systems L.P.; DOCKET NUMBER: 2017-0638-AIR-E; IDENTIFIER: RN100753755; LOCATION: Greenville, Hunt County; TYPE OF FACILITY: aircraft maintenance plant; RULES VIOLATED: 30 TAC §122.143(4) and §122.145(2)(C), Federal Operating Permit Number O1180, General Terms and Conditions, and Texas Health and Safety Code, §382.085(b), by failing to submit a deviation report no later than 30 days after the end of the reporting period; PENALTY: $5,026; Supplemental Environmental Project offset amount of $2,010; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: Liquid Environmental Solutions of Texas, LLC; DOCKET NUMBER: 2017-0642-MSW-E; IDENTIFIER: RN100708841; LOCATION: Houston, Harris County; TYPE OF FACILITY: Type V liquid waste processing facility; RULES VIOLATED: 30 TAC §330.7(a) and Municipal Solid Waste (MSW) Permit Number 2234D, Permit Provision II.C., by failing to obtain a permit or other authorization prior to conducting storage, processing, or disposal of MSW; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(13) COMPANY: MISSION INDEV, LLC; DOCKET NUMBER: 2017-0455-PWS-E; IDENTIFIER: RN101208130; LOCATION: Houston, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §§290.46(f)(4), 290.106(c) and (e), 290.108(c) and (e), and 290.122(c)(2)(A) and (f), by failing to collect and report the results of cyanide and radionuclides sampling to the executive director (ED) for the January 1, 2009 - December 31, 2014, monitoring period, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect and report the results of cyanide and radionuclides sampling to the ED for the January 1, 2009 - December 31, 2014, monitoring period; 30 TAC §§290.46(f)(4), 290.107(c) and (e), and 290.122(c)(2)(A) and (f), by failing to collect and report the results of synthetic organic chemical group 5 (SOC5) contaminants sampling to the ED for the January 1, 2012 - December 31, 2014, monitoring period, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect and report the results of SOC5 sampling to the ED for the January 1, 2012 - December 31, 2014, monitoring period; 30 TAC §290.46(f)(4) and §290.115(e), by failing to timely report the results of Stage 2 Disinfection Byproducts sampling to the ED for the January 1, 2014 - December 31, 2016, monitoring period; 30 TAC §290.117(i)(6) and (j), by failing to provide a consumer notification of lead tap water monitoring results to persons served at the sites that were tested, and failing to mail a copy of the consumer notification of tap results to the ED along with certification that the consumer notification has been distributed in a manner consistent with TCEQ requirements for the January 1, 2016 - December 31, 2016, monitoring period; and 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notifications and submit a copy of the public notifications to the ED regarding the failure to collect and report the results of nitrate sampling to the ED for the January 1, 2014 - December 31, 2014, monitoring period, and the failure to collect lead and copper tap samples for the January 1, 2013 - December 31, 2015, monitoring period; PENALTY: $1,451; ENFORCEMENT COORDINATOR: Jason Fraley, (512) 239-2552; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(14) COMPANY: Nalco Company LLC; DOCKET NUMBER: 2017-0536-AIR-E; IDENTIFIER: RN101618882; LOCATION: Fresno, Fort Bend County; TYPE OF FACILITY: a chemical manufacturing plant; RULES VIOLATED: 30 TAC §116.115(b) and §122.143(4), Texas Health and Safety Code, §382.085(b), Federal Operating Permit Number O3536, Special Terms and Conditions Number 11, and New Source Review Permit Number 4005, General Conditions Number 8, by failing to comply with the maximum allowable emissions rates; PENALTY: $28,687; Supplemental Environmental Project offset amount of $11,475; ENFORCEMENT COORDINATOR: Jo Hunsberger, (512) 239-1274; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(15) COMPANY: RITA BUSINESS INCORPORATED dba Mike Stop N Shop; DOCKET NUMBER: 2017-0547-PST-E; IDENTIFIER: RN102348380; LOCATION: Kingsville, Kleberg County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(4)(C) and TWC, §26.3475(d), by failing to test the corrosion protection system for operability and adequacy of protection at a frequency of at least once every three years; and 30 TAC §334.50(b)(1)(A) and (2)(B) and TWC, §26.3475(b) and (c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month, and failing to provide release detection for the suction piping associated with the UST system; PENALTY: $7,443; ENFORCEMENT COORDINATOR: James Baldwin, (512) 239-1337; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(16) COMPANY: ST. MARTIN AQUACULTURE, INCORPORATED; DOCKET NUMBER: 2017-0577-IWD-E; IDENTIFIER: RN101525517; LOCATION: Palacios, Calhoun County; TYPE OF FACILITY: mariculture shrimp and fish facility; RULES VIOLATED: 30 TAC §305.125(1) and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0003819000, Monitoring and Reporting Requirements Number 7(c), by failing to report in writing any effluent violation which deviates from the permitted effluent limitation by more than 40% to the TCEQ Corpus Christi Regional Office and the Enforcement Division within five working days of becoming aware of the noncompliance; 30 TAC §305.125(1) and (17) and §319.7(d), and TPDES Permit Number WQ0003819000, Monitoring and Reporting Requirements Number 1, by failing to submit effluent monitoring results at the intervals specified in the permit; 30 TAC §305.125(1) and (17) and §319.7(d), and TPDES Permit Number WQ0003819000, Monitoring and Reporting Requirements Number 1, by failing to timely submit effluent monitoring results at the intervals specified in the permit; and 30 TAC §305.125(1) and TPDES Permit Number WQ0003819000, Aquaculture Requirements Number 2, by failing to evaluate the effects of the operation on the diversion and subsequent use of water; PENALTY: $47,821; ENFORCEMENT COORDINATOR: Ross Luedtke, (512) 239-3157; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(17) COMPANY: The Dow Chemical Company; DOCKET NUMBER: 2017-0378-AIR-E; IDENTIFIER: RN100225945; LOCATION: Freeport, Brazoria County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §§101.20(2), 116.115(b)(2)(F) and (c), and 122.143(4), Texas Health and Safety Code (THSC), §382.085(b), 40 Code of Federal Regulations §63.9000(a), Federal Operating Permit (FOP) Number O1388, Special Terms and Conditions (STC) Number 20, and New Source Review (NSR) Permit Number 5340, Special Conditions (SC) Number 1, by failing to comply with the maximum allowable emissions rates for Thermal Heat Recovery Oxidizer FB-1A and FB-1B, Emission Point Number A16S1, and failing to control the hydrogen chloride (HCl) concentration limit with a control efficiency of at least 99% or to a HCl concentration of no more than 20 parts per million by volume; and 30 TAC §116.115(c) and §122.143(4), THSC, §382.085(b), FOP Number O1388, STC Number 20, and NSR Permit Number 5340, SC Number 17.E, by failing to submit a stack test report within 60 days after the stack test date; PENALTY: $5,626; Supplemental Environmental Project offset amount of $2,250; ENFORCEMENT COORDINATOR: Abigail Lindsey, (512) 239-2576; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(18) COMPANY: United Skates Incorporated; DOCKET NUMBER: 2017-0722-PWS-E; IDENTIFIER: RN101196434; LOCATION: Lubbock, Lubbock County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §§290.46(f)(4), 290.106(e), and 290.122(c)(2)(A) and (f), by failing to timely provide the results of quarterly nitrate sampling to the executive director (ED) for the third and fourth quarters of 2016, and failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to provide the results of nitrate sampling to the ED for the third quarter of 2016; and TWC, 5.702, and 30 TAC 290.51(a)(6), by failing to pay Public Health Service fees and associated late fees for TCEQ Financial Administration Account Number 91520163 for fiscal year 2017; PENALTY: $100; ENFORCEMENT COORDINATOR: Sandra Douglas, (512) 239-2549; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(19) COMPANY: Valeria Lynn Raub dba Cypress Gardens Mobile Home Subdivision; DOCKET NUMBER: 2017-0396-PWS-E; IDENTIFIER: RN101226066; LOCATION: Tomball, Harris County; TYPE OF FACILITY: puiblic water supply; RULES VIOLATED: 30 TAC §290.109(d)(4)(B) (formerly 290.109(c)(4)(B)) and §290.122(c)(2)(A) and (f), by failing to collect a raw groundwater source Escherichia coli (E. coli) sample from each active source within 24 hours of notification of a distribution total coliform-positive result during the months of April 2015 and August 2015, and failing to provide public notification and submit a copy of the public notification to the executive director (ED) regarding the failure to collect a raw groundwater source E.coli sample from well G1012048A after the routine distribution total coliform-positive result during the months of April 2015 and August 2015; 30 TAC §290.117(c)(2)(A), (h), and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required ten sample sites for the January 1, 2016 - June 30, 2016, and July 1, 2016 - December 31, 2016, monitoring periods, have the samples analyzed, and report the results to the ED, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1, 2016 - June 30, 2016, monitoring period; 30 TAC §290.117(c)(2)(B), (h), and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required five sample sites for the Januay 1, 2015 - December 31, 2015, monitoring period, have the samples analyzed, and report the results to the ED, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the Januay 1, 2015 - December 31, 2015, monitoring period; and 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to conduct increased coliform monitoring during the month of September 2015, and the failure to conduct repeat coliform monitoring during the month of August 2015; PENALTY: $1,969; ENFORCEMENT COORDINATOR: James Fisher, (512) 239-2537; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(20) COMPANY: Victoria County Drainage District Number 3; DOCKET NUMBER: 2017-0298-WQ-E; IDENTIFIER: RN105679518; LOCATION: Victoria, Victoria County; TYPE OF FACILITY: small municipal separate storm sewer system (MS4); RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(a)(9)(i)(A), by failing to maintain authorization to discharge stormwater associated with Texas Pollutant Discharge Elimination System General Permit for Small MS4; PENALTY: $13,750; ENFORCEMENT COORDINATOR: Ronica Rodriguez, (512) 239-2601; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

TRD-201703109

Gitanijali Yadav

Acting Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 11, 2017


Enforcement Orders

An agreed order was adopted regarding VALLEY EXPRESS MART, INC. dba Santa Fe Express 2, Docket No. 2016-1270-PST-E on August 15, 2017 assessing $5,129 in administrative penalties with $3,929 deferred. Information concerning any aspect of this order may be obtained by contacting Isaac Ta, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding S&P TEXAN, INC dba Waxahachie Quick Stop, Docket No. 2016-1373-PST-E on August 15, 2017 assessing $3,563 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Clayton Smith, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted GAMS INC. dba Kingsville Food Mart, Docket No. 2016-1962-PST-E on August 15, 2017 assessing $4,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Adam Taylor, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Al - Sara Enterprises, Inc. dba Pronto Food Mart, Docket No. 2016-1981-PST-E on August 15, 2017 assessing $3,375 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Eric Grady, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding ST. PAUL WATER SUPPLY CORPORATION, Docket No. 2016-2124-PWS-E on August 15, 2017 assessing $737 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Adam Taylor, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-201703153

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 16, 2017


Notice of a Public Meeting for a New Municipal Solid Waste Facility Registration Application Number 40291

Application. Lealco, Inc., 7118 US Highway 59 South, Goodrich, Texas 77335, has applied to the Texas Commission on Environmental Quality (TCEQ) for proposed Registration No. 40291, to construct and operate a Type V municipal solid waste transfer station. The proposed facility, Bastrop Transfer Station, will be located approximately 0.5 miles northeast of the intersection of State Hwy 21 and FM 812 at 2019 W SH 21, Cedar Creek, Texas, 78612, in Bastrop County. The Applicant is requesting authorization to transfer municipal solid waste which includes wastes resulting from or incidental to municipal, community, commercial, institutional, and recreational activities; construction or demolition waste; special waste that does not interfere with site operations; and other wastes such as Class 2 and Class 3 industrial waste. A complete listing of acceptable and prohibited wastes is contained in the application which can be viewed online at http://www.scsengineers.com/State. The applicant is also proposing to recycle at least 10 percent of municipal solid waste by weight or weight equivalent through source-separation recycling programs. 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=30.0749&lng=-97.5649&zoom=13&type=r. For exact location, refer to application.

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, 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.

Public Comment/Public Meeting. A public meeting will be held and will consist of two parts, an Informal Discussion Period and a Formal Comment Period. A public meeting is not a contested case hearing under the Administrative Procedure Act. During the Informal Discussion Period, the public will be encouraged to ask questions of the applicant and TCEQ staff concerning the registration application. The comments and questions submitted orally during the Informal Discussion Period will not be considered before a decision is reached on the registration application and no formal response will be made. Responses will be provided orally during the Informal Discussion Period. During the Formal Comment Period on the registration application, members of the public may state their formal comments orally into the official record. All formal comments will be considered before a decision is reached on the registration application. The executive director is not required to file a response to comments.

The Public Meeting is to be held: Monday, September 18, 2017

at 7:00 p.m.

Cedar Creek High School (Cafetorium)

793 Union Chapel Road

Cedar Creek, Texas 78612

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, Texas 78711-3087 or electronically submitted to http://www14.tceq.texas.gov/epic/eComment/. 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 information about this application or the registration process, individual members of the general public may call the TCEQ Public Education Program at (800) 687-4040. Si desea información en español, puede llamar (800) 687-4040.

General information regarding the TCEQ can be found at our website at www.tceq.texas.gov.

The registration application is available for viewing and copying at the Bastrop Public Library, 1100 Church Street, Bastrop, Texas 78602 and may be viewed online at http://www.scsengineers.com/State. Further information may also be obtained from Lealco, Inc. at the address stated above or by calling Mr. Chris Ruane, Region Engineering Manager at (832) 442-2204.

Persons with disabilities who need special accommodations at the meeting should call the Office of the Chief Clerk at (512) 239-3300 or (800) RELAY-TX (TDD) at least one week prior to the meeting.

TRD-201703157

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 16, 2017


Notice of Application and Public Hearing for an Air Quality Standard Permit for a Concrete Batch Plant with Enhanced Controls Proposed Air Quality Registration Number 147797

APPLICATION. Heritage Asphalt Company LLC, 608 Henrietta Creek Road, Roanoke, Texas 76262-6339 has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit for a Concrete Batch Plant with Enhanced Controls Registration Number 147797 to authorize the operation of a concrete batch plant. The facility is proposed to be located at 2601 Sherman Street, Grand Prairie, Tarrant County, Texas 75051. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=32.7362&lng=-97.0466&zoom=13&type=r. This application was submitted to the TCEQ on July 24, 2017. The primary function of this plant is to manufacture concrete by mixing materials including (but not limited to) sand, aggregate, cement and water. The executive director has determined the application was technically complete on August 1, 2017.

PUBLIC COMMENT / PUBLIC HEARING. Public written comments about this application may be submitted at any time during the public comment period. The public comment period begins on the first date notice is published and extends to the close of the public hearing. Public comments may be submitted either in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087, or electronically at www.tceq.texas.gov/about/comments.html. Any personal information you submit to the TCEQ will become part of the agency's record; this includes email addresses.

A public hearing has been scheduled that will consist of two parts, an informal discussion period and a formal comment period. During the informal discussion period, the public is encouraged to ask questions of the applicant and TCEQ staff concerning the application, but comments made during the informal period will not be considered by the executive director before reaching a decision on the permit, and no formal response will be made to the informal comments. During the formal comment period, members of the public may state their comments into the official record. Written comments about this application may also be submitted at any time during the hearing. The purpose of a public hearing is to provide the opportunity to submit written comments or an oral statement about the application. The public hearing is not an evidentiary proceeding.

The Public Hearing is to be held:

Tuesday, September 19, 2017, at 6:00 p.m.

Doubletree Arlington DFW South (Blue Bonnet A)

1507 North Watson Road

Arlington, Texas 76006

RESPONSE TO COMMENTS. A written response to all formal comments will be prepared by the executive director after the comment period closes. The response, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments and the response to comments will be posted in the permit file for viewing.

The executive director shall approve or deny the application not later than 35 days after the date of the public hearing, considering all comments received within the comment period, and base this decision on whether the application meets the requirements of the standard permit.

CENTRAL/REGIONAL OFFICE. The application will be available for viewing and copying at the TCEQ Central Office and the TCEQ Dallas/Fort Worth Regional Office, located at 2309 Gravel Drive, Fort Worth, Texas 76118-6951, during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, beginning the first day of publication of this notice.

INFORMATION. If you need more information about this permit application or the permitting process, please call the Public Education Program toll free at (800) 687-4040. Si desea información en español, puede llamar al (800) 687-4040.

Further information may also be obtained from Heritage Asphalt Company LLC, 608 Henrietta Creek Road, Roanoke, Texas 76262-6339, or by calling Mrs. Kathryn Sipe, Environmental Specialist, Westward Environmental, Inc. at (830) 249-8284.

Notice Issuance Date: August 11, 2017

TRD-201703156

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 16, 2017


Notice of Costs to Administer the Voluntary Cleanup Program and the Innocent Owner/Operator Program

In accordance with Texas Health and Safety Code (THSC), §361.613 (pertaining to the Voluntary Cleanup Program (VCP)) and 30 Texas Administrative Code §333.43 (pertaining to the Innocent Owner/Operator Program (IOP)), the executive director of the Texas Commission on Environmental Quality (TCEQ or commission) annually shall calculate the commission's costs to administer the VCP and the IOP, and shall publish in the Texas Register the rates established for the purposes of identifying the costs recoverable by the commission. The TCEQ has calculated and is publishing the bill rate for both the VCP and the IOP as $115 per hour for the commission's Fiscal Year 2018.

The VCP and the IOP are implemented by the same TCEQ staff. Therefore, a single hourly bill rate for both programs is appropriate. The hourly bill rate is determined based upon current projections for staff salaries for the Fiscal Year 2018, including the fringe benefit rate and the indirect cost rate, minus anticipated federal funding that the commission will receive, and then divided by the estimated number of staff hours necessary to complete the program tasks. Fringe benefits include retirement, social security, and insurance expenses and are calculated at a set rate for the entire agency. The current fringe benefit rate is 36.30% of the budgeted salaries. Indirect costs include allowable overhead expenses calculated at a set rate for the entire agency. The current indirect cost rate is 28.30% of the budgeted salary. The release time hours include, for example, sick leave, holidays, military duty, and jury duty, and are set at 24.60%. The hourly bill rate was calculated and then rounded to the nearest whole dollar amount. The commission will use an hourly bill rate of $115 for both the VCP and the IOP for the Fiscal Year 2018. After an applicant's initial $1,000 application fee has been depleted for the VCP or the IOP review and oversight costs, invoices will be sent monthly to the applicant, or designee, for payment.

The commission anticipates receiving federal funding during Fiscal Year 2018 for the continued development and enhancement of the VCP and the IOP. If the federal funding anticipated for Fiscal Year 2018 does not become available, the commission may calculate and publish a new hourly bill rate. Federal funding of the VCP and the IOP should occur prior to October 1, 2017.

For more information, please contact Ms. Merrie Smith, PG, VCP-CA Section, Remediation Division, Texas Commission on Environmental Quality, MC 221, 12100 Park 35 Circle, Austin, Texas 78753 or call (512) 239-5051 or email: merrie.smith@tceq.texas.gov.

TRD-201703097

Gitanijali Yadav

Acting Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 11, 2017


Notice of District Petition

Notices issued August 1, 2017

TCEQ Internal Control No. D-01172017-016; McMillian Investments, Ltd. (Petitioner) filed a petition for creation of Waller County Municipal Utility District No. 19 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §9 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner holds title to land representing 100% of value of all such land in the proposed District; (2) here are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 333.6 acres located within Waller County, Texas; and (4) the proposed District is within the corporate boundaries of the City of Brookshire, Texas and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Resolution No. 1257, passed and approved July 21, 2016, the City of Brookshire gave its consent to the creation of the proposed District, pursuant to Texas Water Code §54.016. The petition further states that the proposed District will purchase, construct, acquire, maintain, own, and operate water, wastewater, drainage, and road facilities for commercial and residential purposes. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioner, from the information available at this time, that the cost of said project will be approximately $34,200,000 ($32,200,000 for utilities plus $2,000,000 for roads).

TCEQ Internal Control No. D-12292016-034; High Point Water Supply Corporation (Petitioner) filed an application with the TCEQ to convert High Point Water Supply Corporation to High Point Special Utility District of Kaufman and Rockwall Counties. High Point Special Utility District's business address will be: 16983 Walley View Road, Forney, Texas 75126. The petition was filed pursuant to Chapter 65 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The nature and purpose of the petition are for the conversion of High Point Water Supply Corporation and the organization, creation and establishment of High Point Special Utility District of Kaufman and Rockwall Counties under the provisions of Article XVI, §59 of the Texas Constitution, and Chapter 65 of the Texas Water Code, as amended. The District shall have the purposes and powers provided in Chapter 65 of the Texas Water Code, as amended. The nature of the services presently performed by High Point Water Supply Corporation are to supply potable water for municipal uses, domestic uses, power and commercial purposes, and other beneficial uses or controls. The nature of the services proposed to be provided by High Point Special Utility District of Kaufman and Rockwall Counties are to supply water for municipal uses, domestic uses, power and commercial purposes, and other beneficial uses or controls; and provide any other service that a special utility district is authorized to provide to the public pursuant to Section 59, Article XVI, Texas Constiution, and/or Chapters 49 and 65 of the Texas Water Code, as amended from time to time. It is anticipated that conversion will have no adverse effects on the rates and services provided to the customers.

INFORMATION SECTION

To view the complete issued notice, view the notice on our website at www.tceq.texas.gov/agency/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 website, 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, Texas 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 website at www.tceq.texas.gov.

Issued in Austin, Texas on August 15, 2017

TRD-201703151

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 16, 2017


Notice of Opportunity to Comment on a Shutdown/Default Order 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 Order (S/DO). 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, 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 September 25, 2017. The commission will consider any written comments received and the commission may withdraw or withhold approval of an 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.

A copy 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 September 25, 2017. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorney is available to discuss the S/DO and/or the comment procedure at the listed phone number; however, comments on the S/DO shall be submitted to the commission in writing.

(1) COMPANY: Root Fuel, LLC dba Root Fuel Wallisville; DOCKET NUMBER: 2016-1720-PST-E; TCEQ ID NUMBER: RN102480407; LOCATION: 9505 Wallisville Road, Houston, Harris County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of the petroleum USTs; 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 UST system; TWC, §26.3475(c)(2) and 30 TAC §334.51(b)(2), by failing to equip the UST system with spill containment and overfill prevention equipment; Texas Health and Safety Code, §382.085(b) and 30 TAC §115.245(2), by failing to verify proper operation of the Stage II equipment at least once every 12 months 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; and 30 TAC §334.602(a), by failing to designate, train, and certify at least one individual for each class of operator - Class A, B, and C - for the station; PENALTY: $14,056; STAFF ATTORNEY: Jess Robinson, Litigation Division, MC 175, (512) 239-0455; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-201703098

Gitanijali Yadav

Acting Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 11, 2017


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 September 25, 2017. 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 September 25, 2017. 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 Liverpool; DOCKET NUMBER: 2016-1747-PWS-E; TCEQ ID NUMBER: RN101231231; LOCATION: 2220 7th Street, Liverpool, Brazoria County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year, and failing to submit to the TCEQ by July 1st of each year a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with compliance monitoring data; 30 TAC §290.122(b)(3)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the executive director (ED) regarding the failure to comply with the maximum contaminant level for arsenic; 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a Disinfectant Level Quarterly Operating Report to the ED and the failure to collect lead and copper tap samples; and 30 TAC §290.117(i)(6) and (j), by failing to provide a consumer notification of lead tap water monitoring results to persons served at the sites (taps) that were tested, and failing to mail a copy of the consumer notification of tap results to the ED along with certification that the consumer notification has been distributed; PENALTY: $610; STAFF ATTORNEY: Ryan Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(2) COMPANY: Jerry Ung dba KU Food Mart and K. U. FOOD MART, L.P. dba KU Food Mart; DOCKET NUMBER: 2016-1456-PST-E; TCEQ ID NUMBER: RN102385887; LOCATION: 2221 West Seminary Drive, Fort Worth, Tarrant County; TYPE OF FACILITY: underground storage tank (UST) 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 investigate a suspected release of regulated substance within 30 days of discovery; PENALTY: $21,106; STAFF ATTORNEY: Audrey Liter, Litigation Division, MC 175, (512) 239-0684; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Samuel Zuniga Corona; DOCKET NUMBER: 2016-2100-MSW-E; TCEQ ID NUMBER: RN109419879; LOCATION: 8709 Karens Corner, Alvarado, Johnson County; TYPE OF FACILITY: unauthorized municipal solid waste and tire storage site; RULES VIOLATED: 30 TAC §328.56(d)(2) and §328.60(a), by failing to register as a Scrap Tire Storage Site; PENALTY: $3,750; STAFF ATTORNEY: Eric Grady, Litigation Division, MC 175, (512) 239-0655; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-201703101

Gitanijali Yadav

Acting Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 11, 2017


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 September 25, 2017. 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 September 25, 2017. 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, TWC, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: Mike Jason Tilley; DOCKET NUMBER: 2016-1841-LII-E; TCEQ ID NUMBER: RN103354742; LOCATIONS: 9731 Shawnee Lane, Quinlan, Hunt County and 700 Mason Drive, Allen, Collin County; TYPE OF FACILITY: landscaping business; RULES VIOLATED: Texas Occupations Code, §1903.251, TWC, §37.003, and 30 TAC §30.5(a), by failing to hold an irrigator license prior to selling, designing, installing, maintaining, altering, repairing, servicing, or providing consulting services relating to an irrigation system; and TWC, §37.003 and 30 TAC §30.5(b), by failing to refrain from advertising or representing to the public that it can perform services for which a license is required unless it holds a current license, or unless it employs an individual who holds a current license; PENALTY: $1,206; STAFF ATTORNEY: Eric Grady, Litigation Division, MC 175, (512) 239-0655; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: TOVA INC dba Petromart 115; DOCKET NUMBER: 2016-1695-PST-E; TCEQ ID NUMBER: RN102785227; LOCATION: 839 North Main Street, Lumberton, Hardin County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.6(b)(2)(C), by failing to notify the appropriate regional office between 24 and 72 hours prior to the scheduled time of initiation to confirm the time of the initiation of a proposed major UST construction activity; and 30 TAC §334.50(d)(9)(A)(iii), by failing to assure that monthly analysis reports are received from the entity which actually performed the statistical inventory reconciliation analysis no more than 15 calendar days following the last day of the calendar month for which the analysis was performed; PENALTY: $6,105; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(3) COMPANY: W R J CLEANERS,INC dba Fashion Cleaners; DOCKET NUMBER: 2016-2103-DCL-E; TCEQ ID NUMBER: RN104355912; LOCATION: 8925 Fallbrook Drive, Suite 1200, Houston, Harris County; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: Texas Health and Safety Code, §374.102 and 30 TAC §337.10(b) and §337.11(e), by failing to provide written notice to the executive director of a change in owner within 30 days from the date of the occurrence of the change and failed to renew the Facility's registration by completing and submitting the required registration form to the TCEQ; 30 TAC §337.20(e)(6)(B), by failing to visually inspect each installed secondary containment structure weekly to ensure that the structure is not damaged and keep a log of the inspections; and 30 TAC §337.72(1), by failing to maintain documentation of invoices of dry cleaning solvent purchases showing the name, type, and quantity of the dry cleaning solvent purchased, the name and address of the seller, and the date of purchase; PENALTY: $1,397; STAFF ATTORNEY: Clayton Smith, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-201703107

Gitanijali Yadav

Acting Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 11, 2017


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of Cydia Inc. dba Kerens Quik Stop

SOAH Docket No. 582-17-5598

TCEQ Docket No. 2016-1970-PST-E

The Texas Commission on Environmental Quality (TCEQ or the Commission) has referred this matter to the State Office of Administrative Hearings (SOAH). An Administrative Law Judge with the State Office of Administrative Hearings will conduct a public hearing at:

10:00 a.m. - September 14, 2017

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed April 24, 2017, concerning assessing administrative penalties against and requiring certain actions of CYDIA INC dba Kerens Quik Stop, for violations in Navarro County, Texas, of: Tex. Water Code §26.3475(a) and (d) and 30 Tex. Admin. Code §§334.49(c)(4)(C), 334.50(b)(2), and 334.605(a).

The hearing will allow CYDIA INC dba Kerens Quik Stop, the Executive Director, and the Commission's Public Interest Counsel to present evidence on whether a violation has occurred, whether an administrative penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hearing will be to establish jurisdiction, afford CYDIA INC dba Kerens Quik Stop, the Executive Director of the Commission, and the Commission's Public Interest Counsel an opportunity to negotiate and to establish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the preliminary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. Upon failure of CYDIA INC dba Kerens Quik Stop to appear at the preliminary hearing or evidentiary hearing, the factual allegations in the notice will be deemed admitted as true, and the relief sought in the notice of hearing may be granted by default. The specific allegations included in the notice are those set forth in the Executive Director's Preliminary Report and Petition, attached hereto and incorporated herein for all purposes. CYDIA INC dba Kerens Quik Stop, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.

Legal Authority: Tex. Water Code §7.054, Tex. Water Code chs. 7 and 26, and 30 Tex. Admin. Code chs. 70 and 334; Tex. Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 Tex. Admin. Code §70.108 and §70.109 and ch. 80, and 1 Tex. Admin. Code ch. 155.

Further information regarding this hearing may be obtained by contacting Audrey Liter, Staff Attorney, Texas Commission on Environmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Information concerning your participation in this hearing may be obtained by contacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the same P.O. Box address given above, or by telephone at (512) 239-6363.

Any document filed prior to the hearing must be filed with TCEQ's Office of the Chief Clerk and SOAH. Documents filed with the Office of the Chief Clerk may be filed electronically at http://www.tceq.texas.gov/goto/eFilings or sent to the following address: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087. Documents filed with SOAH may be filed via fax at (512) 322-2061 or sent to the following address: SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. When contacting the Commission or SOAH regarding this matter, reference the SOAH docket number given at the top of this notice.

In accordance with 1 Tex. Admin. Code §155.401(a), Notice of Hearing, "Parties that are not represented by an attorney may obtain information regarding contested case hearings on the public website of the State Office of Administrative Hearings at www.soah.texas.gov, or in printed format upon request to SOAH."

Persons who need special accommodations at the hearing should call the SOAH Docketing Department at (512) 475-3445, at least one week before the hearing.

TRD-201703155

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 16, 2017


Notice of Water Quality Application.

The following notice was issued on August 10, 2017.

The following does not require publication in a newspaper. Written comments or requests for a public meeting 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 ISSUED DATE OF THE NOTICE.

INFORMATION SECTION

CITY OF WIMBERLEY has applied for a minor amendment to the Texas Pollutant Discharge Elimination System Permit No. WQ0013321001 to authorize a reduction in the Interim phase flow from a daily average flow not to exceed 15,000 gallons per day to a daily average flow not to exceed 9,450 gallons per day, and add an Interim II phase to provide for effluent disinfection for public access subsurface irrigation. The method of irrigation, the irrigation area, and the Final phase permit conditions for discharge shall remain the same. The facility will be located approximately one mile northeast of the intersection of Ranch-to-Market Road 12 and Ranch-to-Market Road 3237, in Hays County, Texas 78676. The existing wastewater treatment facility and disposal site are located approximately 500 feet to the west of the proposed facility within the same property.

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

TRD-201703150

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 16, 2017


Notice of Water Rights Application

Notices issued August 2, 2017, through August 11, 2017

APPLICATION NO. 13163; Annabelle Partners, Ltd., 3001 Knox St. Suite 207, Dallas, Texas 75205, Applicant, has applied for a Water Use Permit to construct and maintain a reservoir on an unnamed tributary of Big Fossil Creek, Trinity River Basin, for recreational purposes and for a bed and banks authorization to convey groundwater for agricultural purposes to irrigate land in Tarrant County. The application does not request a new appropriation of water. The application and partial fees were received on October 24, 2014. Additional information and fees were received on December 28, 2015; January 4, May 4, June 6, June 17, June 21, October 19, and November 29, 2016. The application was declared administratively complete and filed with the Office of the Chief Clerk on December 27, 2016. The Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would contain special conditions including, but not limited to, maintaining the reservoir full with groundwater and maintaining records of the amount of groundwater discharged and diverted. The application, technical memoranda, and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Bldg. F., Austin, Texas 78753. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in below, within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 12-2318; Confluence Partners LTD., P.O. Box 21625, Waco, Texas 76702, Applicant, seeks an amendment to Certificate of Adjudication No. 12-2318 to change the place of use for agricultural purposes and change the diversion point to a point on the Bosque River, Brazos River Basin in McLennan County. The application and partial fees were received June 28, 2012. Additional information and fees were received August 7, September 27, November 16, and December 19, 2012. The application was declared administratively complete and accepted for filing on January 4, 2013. Additional information was received on January 17, 2017. The Executive Director has completed the technical review of the application and prepared a draft amendment. The draft amendment, if granted, would contain special conditions including, but not limited to, maintaining a measuring device. The application, technical memoranda, and Executive Director's draft amendment are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Bldg. F, Austin, Texas 78753. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided below by August 24, 2017.

APPLICATION NO. 13241; KM Liquids Terminals LLC, 906 Clinton Drive, Galena Park, Texas 77547, Applicant, has applied for a water use permit to divert and use not to exceed 250 acre-feet of water per year from a point located on the Houston Ship Channel (Buffalo Bayou), San Jacinto River Basin, for industrial purposes in Harris County. The application and fees were received on November 20, 2015. Additional information and fees were received on October 17, 2016, and March 20, 2017. The application was declared administratively complete and filed with the Office of the Chief Clerk on April 13, 2017. The TCEQ Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would contain special conditions including, but not limited to, installing a measuring device. The application and Executive Director's draft permit are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Building F., Austin, Texas 78753. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided below, within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 13242; KM Liquids Terminals LLC, 906 Clinton Drive, Galena Park, Texas 77547, Applicant, has applied for a water use permit to divert and use not to exceed 250 acre-feet of water per year from a point located on Vince Bayou, San Jacinto River Basin, for industrial purposes in Harris County. The application and fees were received on November 20, 2015. Additional information and fees were received on November 10, 2016, and March 20, 2017. The application was declared administratively complete and filed with the Office of the Chief Clerk on April 13, 2017. The TCEQ Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would contain special conditions including, but not limited to, installing a measuring device. The application and Executive Director's draft permit are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Building F., Austin, Texas 78753. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided below, within 30 days of the date of newspaper publication of the notice.

To view the complete issued notice, view the notice on our website at www.tceq.texas.gov/agency/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 website, type in the issued date range shown at the top of this document to obtain search results.

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

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

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

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 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 Public Education Program at (800) 687-4040. General information regarding the TCEQ can be found at our website at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.

Issued in Austin, Texas, on August 15, 2017.

TRD-201703152

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 16, 2017


Proposals for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on August 14, 2017, in the matter of the Executive Director of the Texas Commission on Environmental Quality v. JENKINS INVESTMENT, LTD.; SOAH Docket No. 582-17-1700; TCEQ Docket No. 2016-0437-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against JENKINS INVESTMENT, LTD. on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Mehgan Taack, Office of the Chief Clerk, (512) 239-3300.

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on August 15, 2017, in the matter of the Executive Director of the Texas Commission on Environmental Quality v. NNP TRADING, INC. dba Easy Food Mart; SOAH Docket No. 582-17-2459; TCEQ Docket No. 2016-1352-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against NNP TRADING, INC. dba Easy Food Mart on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Mehgan Taack, Office of the Chief Clerk, (512) 239-3300.

TRD-201703154

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 16, 2017


Texas Ethics Commission

List of Late Filers

Below is a list from the Texas Ethics Commission naming the filers who failed to pay the penalty fine for failure to file the report, or filing a late report, in reference to the specified filing deadline. If you have any questions, you may contact Sue Edwards at (512) 463-5800.

Deadline: Lobby Activities Report due May 10, 2017

Dana Harris, 535 E. 5th St., Austin, Texas 78701 ($500)

Deadline: Personal Financial Statement due May 10, 2017

Sonya Medina Williams, 104 Bushnell Ave., San Antonio, Texas 78282 ($500)

TRD-201703052

Seana Willing

Executive Director

Texas Ethics Commission

Filed: August 10, 2017


Texas Facilities Commission

Request for Proposals #303-9-20607-A

The Texas Facilities Commission (TFC), on behalf of the Comptroller of Public Accounts - Enforcement Division (CPA), announces the issuance of Request for Proposals (RFP) #303-9-20607-A. TFC seeks a five (5) or ten (10) year lease of approximately 5,553 square feet of office space in the City of Fort Worth, North Richland Hills, Haslet, Saginaw, Lake Worth, White Settlement, Benbrook, Edgecliff Village, Forest Hill, Everman, Haltom City, Richland Hills, or Hurst, Texas.

The deadline for questions is August 29, 2017, and the deadline for proposals is September 12, 2017, at 3:00 p.m. The award date is October 26, 2017. 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 Program Specialist, Evelyn Esquivel, at (512) 463-6494. 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=143155.

TRD-201703070

Kay Molina

General Counsel

Texas Facilities Commission

Filed: August 10, 2017


Request for Proposals #303-9-20612

The Texas Facilities Commission (TFC), on behalf of the Health and Human Services Commission (HHSC), announces the issuance of Request for Proposals (RFP) #303-9-20612. TFC seeks a five (5) or ten (10) year lease of approximately 9,956 square feet of office space in Tyler, Smith County, Texas.

The deadline for questions is September 7, 2017 and the deadline for proposals is September 21, 2017 at 3:00 p.m. The award date is October 26, 2017. 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 Program Specialist, Evelyn Esquivel, at (512) 463-6494. 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=143157.

TRD-201703071

Kay Molina

General Counsel

Texas Facilities Commission

Filed: August 10, 2017


Texas Health and Human Services Commission

Notice of Public Hearing on Proposed Medicaid Payment Rates for Small and Large, State-Operated Intermediate Care Facilities for Individuals with an Intellectual Disability (ICF/IID)

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on September 5, 2017, at 8:30 a.m., to receive public comment on proposed interim per diem Medicaid reimbursement rates for small and large, state-operated Intermediate Care Facilities for Individuals with an Intellectual Disability (ICF/IID).

The public hearing will be held in Room 5155 of the Brown-Heatly Building located at 4900 N. Lamar Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building facing Lamar Boulevard. The hearing will be held in compliance with Texas Human Resources Code §32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements.

Proposal. HHSC proposes the following interim reimbursement rates for small and large state-operated ICF/IIDs to be effective retroactive to September 1, 2017.

Small State-Operated ICF/IID

Proposed interim daily rate: $694.72

Large State-Operated ICF/IID - Medicaid Only clients

Proposed interim daily rate: $949.04

Large State-Operated ICF/IID - Dual-eligible Medicaid/Medicare clients

Proposed interim daily rate: $912.89

HHSC is proposing these interim rates so that adequate funds will be available to serve individuals residing in these facilities. The proposed interim rates account for actual and projected increases in costs to operate these facilities.

Methodology and Justification. The proposed payment rates were determined in accordance with Title 1 of the Texas Administrative Code §355.456(e), which addresses the reimbursement methodology for state-operated ICF/IID facilities.

Briefing Package. A briefing package describing the proposed payment rates will be available at http://www.hhsc.state.tx.us/rad/rate-packets.shtml on or after August 25, 2017. Interested parties may obtain a copy of the briefing package before the hearing by contacting the HHSC Rate Analysis Department by telephone at (512) 730-7401; by fax at (512) 730-7475; or by email at RAD-LTSS@hhsc.state.tx.us. The briefing package will also will be available at the public hearing.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Rate Analysis Department, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Rate Analysis at (512) 730-7475; or by email to LTSS@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to the Texas Health and Human Services Commission, Rate Analysis Department, Mail Code H-400, Brown-Heatly Building, 4900 North Lamar Boulevard, Austin, Texas 78751-2316.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Rate Analysis by calling (512) 730-7401 at least 72 hours prior to the hearing so appropriate arrangements can be made.

TRD-201703161

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: August 16, 2017


Department of State Health Services

Licensing Actions for Radioactive Materials (.pdf)

TRD-201703165

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: August 16, 2017


Texas Department of Insurance

Company Licensing

Application for AMERIHEALTH INSURANCE COMPANY, a foreign fire and/or casualty company, to change its name to AHC INSURANCE COMPANY. The home office is in Philadelphia, Pennsylvania.

Application for BANNER LIFE INSURANCE COMPANY, a foreign life, accident, and/or health company, to change its name to LEGAL & GENERAL AMERICA LIFE INSURANCE COMPANY. The home office is in Frederick, Maryland.

Application for BANNER LIFE INSURANCE COMPANY, a foreign life, accident, and/or health company, to change its name to LEGAL & GENERAL LIFE INSURANCE COMPANY OF AMERICA. The home office is in Frederick, Maryland.

Application for BANNER LIFE INSURANCE COMPANY, a foreign life, accident, and/or health company, to change its name to LEGAL & GENERAL LIFE INSURANCE COMPANY. The home office is in Frederick, Maryland.

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

TRD-201703164

Norma Garcia

General Counsel

Texas Department of Insurance

Filed: August 16, 2017


Texas Lottery Commission

Scratch Ticket Game Number 1899 "Texas Lottery® Platinum"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 1899 is "TEXAS LOTTERY® PLATINUM". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. Tickets for Scratch Ticket Game No. 1899 shall be $50.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 1899.

A. Display Printing - That area of the Scratch 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 Scratch Ticket.

C. Play Symbol - The printed data under the latex on the front of the Scratch 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: 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, 76, 77, 78, 79, 80, $$ SYMBOL, STAR SYMBOL, $50.00, $70.00, $100, $150, $200, $500, $1,000, $2,500, $10,000 and $5MILL.

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. 1899 - 1.2D (.pdf)

E. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.

F. 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 Scratch Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.

G. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1899), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 020 within each Pack. The format will be: 1899-0000001-001.

H. Pack - A Pack of "TEXAS LOTTERY® PLATINUM" Scratch Ticket Game contains 020 Scratch Tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; Tickets 006 to 010 on the next page; etc.; and Tickets 016 to 020 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of Ticket 001 and 020 will be exposed.

I. Non-Winning Ticket - A Scratch Ticket which is not programmed to be a winning Scratch Ticket or a Scratch 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.

J. Scratch Ticket Game, Scratch Ticket or Ticket - A Texas Lottery "TEXAS LOTTERY® PLATINUM" Scratch Ticket Game No. 1899.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch 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 Scratch Ticket. A prize winner in the "TEXAS LOTTERY® PLATINUM" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 88 (eighty-eight) Play Symbols. If the player matches any of the YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the prize for that number. If the player reveals a "$$" Play Symbol, the player wins DOUBLE the prize for that symbol. If the player reveals a "STAR" Play Symbol, the player wins 10 TIMES 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 Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly 88 (eighty-eight) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch 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 Scratch Ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Scratch 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 Scratch Ticket;

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

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

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

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

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

13. The Scratch Ticket must be complete and not miscut, and have exactly 88 (eighty-eight) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Scratch Ticket Number on the Scratch Ticket;

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

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

16. Each of the 88 (eighty-eight) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 88 (eighty-eight) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch 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-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

B. The Scratch 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 Scratch 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 Scratch Ticket. In the event a defective Scratch Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket, solely at the Executive Director's discretion.

Programmed Game Parameters.

A. Consecutive Non-Winning Tickets in a Pack will not have matching play data, spot for spot.

B. The top Prize Symbol will appear on every Ticket, unless restricted by other parameters, play action or prize structure.

C. No matching non-winning YOUR NUMBERS Play Symbols on a Ticket.

D. No matching WINNING NUMBERS Play Symbols on a Ticket.

E. The multiplier YOUR NUMBERS Play Symbols "$$" (DBL) and "STAR" (WINX10) will only appear on intended winning Tickets as dictated by the prize structure.

F. A Ticket may have up to six (6) matching non-winning Prize Symbols, unless restricted by other parameters, play action or prize structure.

G. A non-winning Prize Symbol will never match a winning Prize Symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "TEXAS LOTTERY® PLATINUM" Scratch Ticket Game prize of $70.00, $100, $150, $200 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch 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 Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $70.00, $100, $150, $200 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "TEXAS LOTTERY® PLATINUM" Scratch Ticket Game prize of $2,500, $10,000 or $5,000,000, the claimant must sign the winning Scratch 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 Scratch 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 "TEXAS LOTTERY® PLATINUM" Scratch Ticket Game prize, the claimant must sign the winning Scratch Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch 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 Scratch 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 "TEXAS LOTTERY® PLATINUM" Scratch Ticket 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 "TEXAS LOTTERY® PLATINUM" Scratch Ticket 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 Scratch Ticket Claim Period. All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket 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 Scratch Ticket, shall be forfeited.

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

3.0 Scratch Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated, a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket. When a signature is placed on the back of the Scratch Ticket in the space designated, the player whose signature appears in that area shall be the owner of the Scratch 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 Scratch Ticket in the space designated. If more than one name appears on the back of the Scratch 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 Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket.

4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 3,600,000 Scratch Tickets in the Scratch Ticket Game No. 1899. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1899 - 4.0

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

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 1899 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket Game closing procedures and the Instant Game Rules. See 16 TAC §401.302(j).

6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 1899, 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-201703134

Bob Biard

General Counsel

Texas Lottery Commission

Filed: August 15, 2017


Scratch Ticket Game Number 2002 "Ultimate Crossword/Ultimate Bingo"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2002 is "ULTIMATE CROSSWORD/ULTIMATE BINGO". The play style is "multiple games".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2002 shall be $20.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2002.

A. Display Printing - That area of the Scratch 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 Scratch Ticket.

C. Play Symbol - The printed data under the latex on the front of the Scratch 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: A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z, BLACKENED SQUARE SYMBOL, 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 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. 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. 2002 - 1.2D (.pdf)

E. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.

F. 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 Scratch Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.

G. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2002), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 025 within each Pack. The format will be: 2002-0000001-001.

H. Pack - A Pack of the "ULTIMATE CROSSWORD/ULTIMATE BINGO" Scratch Ticket Game contains 025 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 001 and 025 will be exposed.

I. Non-Winning Scratch Ticket - A Scratch Ticket which is not programmed to be a winning Scratch Ticket or a Scratch 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.

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "ULTIMATE CROSSWORD/ULTIMATE BINGO" Scratch Ticket Game No. 2002.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch 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 Scratch Ticket. A prize winner in the "ULTIMATE CROSSWORD/ULTIMATE BINGO" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 490 (four hundred ninety) possible Play Symbols. ULTIMATE CROSSWORD (FRONT): The player must scratch all of the YOUR 20 LETTERS. The player then scratches all the letters found in GAME 1, GAME 2, GAME 3 and GAME 4 that exactly match the YOUR 20 LETTERS. If the player has scratched at least 3 complete WORDS in the same GAME, the player wins the prize found in the corresponding GAME KEY. Each GAME is played separately. WORDS revealed in one GAME cannot be combined with WORDS revealed from another GAME. Only one prize will be paid per GAME. Only letters within the same GAME that are matched with the YOUR 20 LETTERS can be used to form a complete WORD. In each GAME, every lettered square within an unbroken horizontal (left to right) or vertical (top to bottom) sequence must be matched with the YOUR 20 LETTERS to be considered a complete WORD. Words revealed in a diagonal sequence are not considered valid WORDS. Words within WORDS are not eligible for a prize. A complete WORD must contain at least three letters. GAME 1 and GAME 2 can win by revealing 3 to 9 complete WORDS on each GAME. GAME 3 and GAME 4 can win by revealing 3 to 7 complete WORDS on each GAME. ULTIMATE BINGO (BACK): The player must scratch the "CALLER'S CARD" area to reveal thirty (30) Bingo Numbers. The player must scratch only those Bingo Numbers on the four (4) "BINGO CARDS" that match the "CALLER'S CARD" Bingo Numbers. The player must also scratch the "FREE" spaces on the four (4) "BINGO CARDS". If the player matches all Bingo Numbers in a complete vertical, horizontal or diagonal line; all Bingo Numbers in all four (4) corners; or all Bingo Numbers to complete an "X" {eight (8) Bingo Numbers plus the "FREE" space} on the same "BINGO CARD", the player wins the prize in the corresponding prize legend for that "BINGO CARD". Note: Only the highest prize per "BINGO CARD" will be paid. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly 490 (four hundred ninety) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch 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; Crossword and Bingo 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 Scratch Ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Scratch 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 Scratch Ticket;

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

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

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

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

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

13. The Scratch Ticket must be complete and not miscut, and have exactly 490 (four hundred ninety) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Scratch Ticket Number on the Scratch Ticket;

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

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

16. Each of the 490 (four hundred ninety) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 490 (four hundred ninety) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch 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-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

B. The Scratch 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 Scratch 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 Scratch Ticket. In the event a defective Scratch Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Consecutive Non-Winning Tickets in a Pack will not have matching play data, spot for spot.

B. No win(s) will appear in the ULTIMATE BINGO game (Ticket Back) unless there is at least one (1) win in the ULTIMATE CROSSWORD game (Ticket Front).

C. ULTIMATE CROSSWORD (FRONT): Each grid from GAME 1 and GAME 2 will contain exactly the same number of letters.

D. ULTIMATE CROSSWORD (FRONT): Each grid from GAME 3 and GAME 4 will contain exactly the same number of words.

E. ULTIMATE CROSSWORD (FRONT): No matching words on a Ticket.

F. ULTIMATE CROSSWORD (FRONT): All words used will be from the TEXAS APPROVED WORD LIST CASHWORD/CROSSWORD v.1.1 dated July 2, 2015.

G. ULTIMATE CROSSWORD (FRONT): All words will contain a minimum of three (3) letters.

H. ULTIMATE CROSSWORD (FRONT): All words will contain a maximum of nine (9) letters in GAME 1 and GAME 2.

I. ULTIMATE CROSSWORD (FRONT): No consonant will appear more than nine (9) times, and no vowel will appear more than fourteen (14) times in GAME 1 and GAME 2.

J. ULTIMATE CROSSWORD (FRONT): No consonant will appear more than seven (7) times, and no vowel will appear more than ten (10) times in GAME 3 and GAME 4.

K. ULTIMATE CROSSWORD (FRONT): No matching Play Symbols in the YOUR 20 LETTERS play area.

L. ULTIMATE CROSSWORD (FRONT): There will be a minimum of three (3) vowels in the YOUR 20 LETTERS play area. Vowels are considered to be A, E, I, O, U.

M. ULTIMATE CROSSWORD (FRONT): At least fifteen (15) of the letters in the YOUR 20 LETTERS play area will open at least one letter in the GAME 1 and GAME 2 (11X11) and GAME 3 and GAME 4 (7x7) crossword grids combinations.

N. ULTIMATE CROSSWORD (FRONT): The presence or absence of any letter or combination of letters in the YOUR 20 LETTERS play area will not be indicative of a winning or Non-Winning Ticket.

O. ULTIMATE CROSSWORD (FRONT): Words from the TEXAS REJECTED WORD LIST V.2.2, dated July 2, 2015, will not appear horizontally, vertically or diagonally in the YOUR 20 LETTERS play area when read left to right or right to left.

P. ULTIMATE CROSSWORD (FRONT): On Non-Winning Tickets, there will be at least two (2) completed words in GAME 1 and GAME 2.

Q. ULTIMATE CROSSWORD (FRONT): There will be a random distribution of all Play Symbols on the Ticket unless restricted by other parameters, play action or prize structure.

R. ULTIMATE CROSSWORD (FRONT): GAME 1 and GAME 2 will not have more than nine (9) complete words per grid.

S. ULTIMATE CROSSWORD (FRONT): GAME 3 and GAME 4 will not have more than seven (7) complete words per grid.

T. ULTIMATE CROSSWORD (FRONT): All words will contain a maximum of seven (7) letters in GAME 3 and GAME 4.

U. ULTIMATE BINGO (BACK): The "CALLING AREA" is defined as the "CALLER'S CARD" play area.

V. ULTIMATE BINGO (BACK): The seventy-five (75) Play Symbols (numbers) will be randomly distributed in the "CALLING AREA"'s thirty (30) Play Symbol spots.

W. ULTIMATE BINGO (BACK): The seventy-five (75) Play Symbols (numbers) will be randomly distributed over all "BINGO CARDS" with respect to parameter X below.

X. ULTIMATE BINGO (BACK): The number range used for each letter (B, I, N, G, O) will be as follows: B (1-15), I (16-30), N (31-45), G (46-60) and O (61-75).

Y. ULTIMATE BINGO (BACK): No matching Play Symbols (numbers) will appear in the "CALLING AREA".

Z. ULTIMATE BINGO (BACK): Each Play Symbol (number) in the "CALLING AREA" will appear on at least one of the "BINGO CARDS".

AA. ULTIMATE BINGO (BACK): There will be one (1) "FREE" Play Symbol per card fixed in the center of each "BINGO CARD".

BB. ULTIMATE BINGO (BACK): All Play Symbols (numbers) within each "BINGO CARD" are different.

CC. ULTIMATE BINGO (BACK): Each "BINGO CARD" on a Ticket will be different. Two (2) cards match if they have the same Play Symbols (numbers) in the same spots.

DD. ULTIMATE BINGO (BACK): There can only be one winning pattern on each "BINGO CARD".

EE. ULTIMATE BINGO (BACK): Non-winning "BINGO CARDS" will match a minimum of three (3) Play Symbols (numbers).

2.3 Procedure for Claiming Prizes.

A. To claim a "ULTIMATE CROSSWORD/ULTIMATE BINGO" Scratch Ticket Game prize of $20.00, $40.00, $50.00, $100, $200 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch 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 Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $40.00, $50.00, $100, $200 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "ULTIMATE CROSSWORD/ULTIMATE BINGO" Scratch Ticket Game prize of $1,000, $5,000, $10,000, $20,000 or $500,000, the claimant must sign the winning Scratch 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 Scratch 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 "ULTIMATE CROSSWORD/ULTIMATE BINGO" Scratch Ticket Game prize, the claimant must sign the winning Scratch Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch 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.

F. If a person is indebted or owes delinquent taxes to the State, and is selected as a winner in a promotional second-chance drawing, the debt to the State must be paid within 30 days of notification or the prize will be awarded to an Alternate.

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 Scratch 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 "ULTIMATE CROSSWORD/ULTIMATE BINGO" Scratch Ticket 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 "ULTIMATE CROSSWORD/ULTIMATE BINGO" Scratch Ticket 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 Scratch Ticket Claim Period. All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket 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 Scratch Ticket, shall be forfeited.

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

3.0 Scratch Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated, a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket. When a signature is placed on the back of the Scratch Ticket in the space designated, the player whose signature appears in that area shall be the owner of the Scratch 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 Scratch Ticket in the space designated. If more than one name appears on the back of the Scratch 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 Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket.

4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 6,000,000 Scratch Tickets in Scratch Ticket Game No. 2002. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2002 - 4.0 (.pdf)

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

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 2002 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Instant Game Rules. See 16 TAC §401.302(j).

6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 2002, 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-201703143

Bob Biard

General Counsel

Texas Lottery Commission

Filed: August 15, 2017


North Central Texas Council of Governments

Request for Proposals for Collin County Outer Loop

The North Central Texas Council of Governments is requesting consultant assistance with cultural resource and mollusk surveys for the Collin County Outer Loop project. NCTCOG is supporting the Collin County Toll Road Authority (CCTRA) in developing the Collin County Outer Loop. As part of this effort, NCTCOG is assisting CCTRA in developing a local environmental document for the purposes of purchasing right-of-way and constructing frontage roads for Segment 3 (SH 289 (Preston Road) to US 75) of the Collin County Outer Loop. The environmental documentation requires historical properties and archeological surveys per the Antiquities Code of Texas and mollusk surveys per Texas Parks and Wildlife Department requirements.

Proposals must be received no later than 5:00 p.m., on Friday, September 22, 2017, to Sandy Wesch, P.E., AICP, Project Engineer, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011. The full RFP, including selection criteria, vehicle platforms, and other desired elements, will be available at www.nctcog.org/rfp by the close of business on Friday, August 25, 2017.

NCTCOG encourages participation by disadvantaged business enterprises and does not discriminate on the basis of age, race, color, religion, sex, national origin, or disability.

TRD-201703167

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: August 16, 2017


Public Utility Commission of Texas

Amended Notice of Application to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line

Notice is given to the public of an application filed with the Commission on July 11, 2017, to amend a certificate of convenience and necessity for a proposed transmission line in Pecos County, Texas. Amended notice in this proceeding addresses an extension of the intervention deadline.

Docket Style and Number: Application of AEP Texas, Inc. to Amend a Certificate of Convenience and Necessity for the Solstice to Roserock POI 138-Kv Transmission Line in Pecos County, Docket Number 47187.

The Application: The application is designated as the Solstice to Roserock POI 138-Kv Transmission Line Project. The facilities include construction of a new 138-kV transmission line from the AEP Texas Solstice Substation to the Roserock Point of Interconnection in Pecos County.

The total estimated cost for the project including transmission and substation facilities is between $6.191 million and $6.967 million. The Commission may approve any of the routes or route segments presented in the application.

Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. The revised deadline for intervention in this proceeding is September 25, 2017. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47187.

TRD-201703141

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 15, 2017


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

The Public Utility Commission of Texas (commission) received an application on August 9, 2017, to amend a state-issued certificate of franchise authority, under Public Utility Regulatory Act §§66.001 - 66.016.

Project Title and Number: Application of Cebridge Acquisition, L.P. dba Suddenlink Communications for Amendment to its State-Issued Certificate of Franchise Authority, Project Number 47484.

The requested amendment is to expand the service area footprint to include the municipal boundaries of the City of Hutto, Texas.

Information on the application may be obtained by contacting the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All inquiries should reference Project Number 47484.

TRD-201703075

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 10, 2017


Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on August 8, 2017, pursuant to the Public Utility Regulatory Act, Tex. Util. Code Ann. §39.154 and §39.158.

Docket Style and Number: Application of Palmwood Wind, LLC Under §39.158 of the Public Utility Regulatory Act, Docket Number 47481.

The Application: Palmwood Wind, LLC filed an application for approval of the conveyance of certain passive Class B membership interests in Palmwood by EFS Renewables Holdings, LLC and BAL Investment & Advisory, Inc. (the investors). Following the proposed transaction, the combined generation capacity of Palmwood, investors, and their affiliates would be 1.68% which is less than 20% of the installed capacity in, or capable of delivering electricity to ERCOT.

Persons wishing to intervene or comment on the action sought should contact the commission as soon as possible as an intervention deadline will be imposed. A comment or request to intervene should be mailed to P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47481.

TRD-201703073

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 10, 2017


Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on August 8, 2017, pursuant to the Public Utility Regulatory Act, Tex. Util. Code Ann. §39.154 and §39.158.

Docket Style and Number: Application of Sterling Wind, LLC Under §39.158 of the Public Utility Regulatory Act, Docket Number 47482.

The Application: Sterling Wind, LLC filed an application for approval of the conveyance of certain passive Class B membership interests in Sterling by EFS Renewables Holdings, LLC and BAL Investment & Advisory, Inc. (the investors). Following the proposed transaction, the combined generation capacity of Sterling, investors, and their affiliates would be 1.68% which is less than 20% of the installed capacity in, or capable of delivering electricity to ERCOT.

Persons wishing to intervene or comment on the action sought should contact the commission as soon as possible as an intervention deadline will be imposed. A comment or request to intervene should be mailed to P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47482.

TRD-201703074

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 10, 2017


Notice of Application to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on August 11, 2017, to amend a certificate of convenience and necessity for a proposed transmission line in Montgomery and Walker Counties, Texas.

Docket Style and Number: Application of Entergy Texas, Inc. to Amend a Certificate of Convenience and Necessity for a 230-kV Transmission Line in Montgomery and Walker Counties, Docket Number 47462.

The Application: The application of Entergy Texas, Inc. is designated as the Rocky Creek or Quarry to Lewis Creek 230-kV Transmission Line Project. The facilities include construction of a new 230-kV transmission line that will connect the existing Lewis Creek substation located in Montgomery County (near Willis) to a proposed new substation located in Walker County, which depending on the approved location will be called either Rocky Creek substation (west of Huntsville) or Quarry substation (north of Huntsville). The total estimated cost for the project ranges from approximately $120,453,450 to $142,828,248 depending on the route chosen.

The proposed project is presented with 19 alternate routes and is estimated to be approximately 33 to 45 miles in length. Any of the routes or route segments presented in the application could be approved by the commission.

Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. The deadline for intervention in this proceeding is September 25, 2017. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47462.

TRD-201703140

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 15, 2017


Notice of Application to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on August 14, 2017, to amend a certificate of convenience and necessity for a proposed transmission line in Fannin County, Texas.

Docket Style and Number: Application of Rayburn Country Electric Cooperative, Inc. to Amend its Certificate of Convenience and Necessity for the Lower Bois d'Arc Pump Station 138-kV Transmission Line in Fannin County, Docket Number 47448.

The Application: Rayburn Country Electric Cooperative, Inc.'s application is designated as the Lower Bois d'Arc Pump Station 138-kV Transmission Line Project. The facilities include construction of a single circuit 138-kV transmission line on steel and/or concrete single-pole structures connecting the proposed Lower Bois d'Arc Creek Reservoir pump station substation, to the proposed Lower Bois d'Arc Creek Reservoir pump station switch, to be located at one of three alternative tap points along Oncor Electric's existing Valley-Paris switching station 138-kV transmission line in Fannin County. The total estimated cost for the project ranges from approximately $4.1 million to $6.8 million depending on the route chosen.

The proposed project is presented with 12 alternate routes and is estimated to be approximately 5 to 9 miles in length. Any of the routes or route segments presented in the application could be approved by the commission.

Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. The deadline for intervention in this proceeding is September 28, 2017. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47448.

TRD-201703142

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 15, 2017


Public Notice of Hearing on Proposed ERCOT Budget for 2016-2017 and Request for Comments

The staff of the Public Utility Commission of Texas (commission) will hold a public hearing regarding the proposed budget and change in the System Administrative Fee for 2018/2019 for the Electric Reliability Council of Texas (ERCOT) on Monday, September 18, 2017, at 10:00 a.m. in the commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 38533, PUC Review of ERCOT Budget, has been established for this proceeding.

Pursuant to 16 Texas Admin. Code §25.363(d) (relating to ERCOT Budget and Fees), ERCOT is required to submit for commission review its board-approved budget, budget strategies, and staffing needs, with a justification for all expenses, capital outlays, additional debt, and staffing requirements. The commission may approve, modify, or reject ERCOT's proposed budget and budget strategies. Under Public Utility Regulatory Act (PURA) §39.151, the proceeding to consider changes to ERCOT's proposed budget or to authorize or set the range for the System Administrative Fee is not a contested case. Additionally, under §39.151, the commission can require ERCOT to prepare an annual or biennial budget. When the commission approved ERCOT's 2016/2017 biennial budget and System Administrative Fee (Fee), it instructed ERCOT to file its proposed 2018/2019 biennial budget and Fee request no later than September 1, 2017, and to provide specific information to facilitate the commission's consideration of the 2018/2019 request. On July 20, 2017, ERCOT filed in Project No. 38533 its proposed budget for 2018/2019. As part of its 2018/2019 budget, ERCOT proposes to keep the Fee set at $0.555 per MWh, which is the same Fee granted for 2016/2017.

Questions concerning the public hearing or this notice should be referred to Kasey Feldman-Thomason, General Counsel, (512) 936-7144. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1.

TRD-201703163

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 16, 2017


Staff Strawman Proposal and Request for Comment

The Public Utility Commission of Texas Staff proposes to repeal 16 Texas Administrative Code (TAC), Chapter 25, Subchapter Q, including 16 TAC §§25.451, 25.453, 25.454, 25.455, and 25.457, to reflect the cessation of the System Benefit Fund (SBF) as required by HB 1101, 84th Legislative Session. In addition, Commission Staff proposes to amend 16 TAC §§25.5, 25.41, 25.43, 25.107, 25.181, 25.344, 25.431, 25.475, 25.478, 25.479, 25.480, 25.497, and 25.498, in order to update language to remove references to the SBF. The strawman proposed text can be found in the Commission's Central Records InterChange Filing System under Project No. 47343.

Staff requests that interested parties submit written comments on this strawman by September 25, 2017. Reply comments should be submitted by October 10, 2017.

Additionally, Staff requests comment from the parties on the following questions:

1. Should Retail Electric Providers (REPs) that opt-in to request a list of low-income customers from the Low-Income Discount Administrator (LIDA) be required to report to the Commission on an annual basis the REP's utilization of such a list, in particular with respect to any bill assistance programs, discounts, or other benefits the REP may offer? Please provide proposed language, and indicate any rules that would be affected.

2. Should REPs that do not opt-in to request a list of low-income customers from the LIDA be required to report to the Commission on an annual basis the REP's available bill assistance programs, discounts, or other benefits the REP may offer? Please provide proposed language, and indicate any rules that would be affected.

3. Should all REPs be required to provide notice to their customers, via bill inserts on a regular basis, whether or not the REP offers bill assistance programs, discounts, or other benefits for their customers? Please provide proposed language, and indicate any rules that would be affected.

Responses to the questions for comment should be submitted by Monday, September 25, 2017. Replies to responses should be submitted by Tuesday, October 10, 2017.

Responses may be filed by submitting 16 copies to the Commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. All responses should reference Project No. 47343.

Questions concerning this project should be referred to Kristin Abbott at (512) 936-7459 or Jay Stone at (512) 936-7425.

TRD-201703162

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 16, 2017


Teacher Retirement System of Texas

Notice of Contract Award

The Teacher Retirement System of Texas (TRS) announces this notice of award for consulting services Agreement to AON Hewitt, 200 E. Randolph Street, Suite 1500, Chicago, IL 60601. The total amount of the contract is not to exceed $105,000.00. The term of the contract is November 1, 2016, through June 30, 2017. TRS may at its option, extend the term by written notice to the consultant for up to two (2) additional calendar quarters, in one or more increments of not less than a calendar quarter. For avoidance of doubt, TRS may exercise this option, so long as the aggregate extensions do not exceed two (2) additional calendar quarters, with no increase in fees except as provided in a written amendment to the agreement.

TRD-201703133

LaTressa Stroud

Director of Procurement and Contracts

Teacher Retirement System of Texas

Filed: August 14, 2017


Texas Department of Transportation

Request for Proposal - Private Consultant Services

The Texas Department of Transportation (TxDOT) announces a Request for Proposal (RFP) for private consultant services pursuant to Government Code, Chapter 2254, Subchapter B. The term of the contract will be from project initiation for a 36 month period. TxDOT will administer the contract. The RFP will be released on August 25, 2017, and is contingent on the finding of necessity from the Governor's Office.

Purpose: This is a proposed contract to provide services for the analysis of services, selection, transition, and integration of a managed Information Technology (IT) outsourced services provider for the Texas Department of Transportation's (TxDOT) Information Management Division (IMD). TxDOT is preparing to solicit a provider for its outsourced IT services.

Eligible Applicants: Eligible applicants include, but are not limited to, organizations that provide consulting services for outsourcing organizations including evaluation and integration of service providers.

Program Goal: To obtain private consultant, procurement, and implementation support in three separate phases: 1) analyze the existing state of TxDOT's outsourced IT program, including the current environment, service provider operations, and existing contract to prepare for the new solicitation; 2) assist TxDOT in the procurement process for the replacement provider(s); and 3) assist TxDOT with vendor transition and integration from the current state to the future state.

Review and Award Criteria: Each application will first be screened for completeness and timeliness. Proposals that are deemed incomplete or arrive after the deadline will not be reviewed. A team of reviewers from TxDOT will evaluate the proposals as to the private consultant's competence, knowledge, and qualifications and as to the reasonableness of the proposed fee for the services. The criteria and review process are further described in the RFP.

Deadlines: TxDOT must receive proposals prepared according to instructions in the RFP package on or before September 29, 2017, at 1:00 p.m.

To Obtain a Copy of the RFP: Requests for a copy of the RFP should be submitted to Louis Ojeda, Contract Services Division, 125 East 11th Street, Austin, Texas 78701-2483, email louis.ojeda@txdot.gov, telephone number (512) 416-4670. Copies will also be available on the Electronic State Business Daily at http://esbd.cpa.state.tx.us/.

TRD-201703137

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: August 15, 2017


Workforce Solutions Brazos Valley Board

Public Notice: 2017 Targeted Occupation List Update

The Workforce Solutions Brazos Valley Board seeks public comment on an update to the 2017 Targeted Occupations list for the time period of August 18, 2017, to September 18, 2017. Three occupations are being added. They are certified medical assistant, certified hospitality management and certified customer service representative. The Targeted Occupations list is used to provide Workforce Innovation Opportunity Act (WIOA) training for eligible customers to achieve self-sufficient wages. A copy of this list may be reviewed at the Center for Regional Services located at 3991 East 29th Street, Bryan, Texas 77802 between 8:00 a.m. to 5:00 p.m., Monday through Friday, for the period of August 18, 2017, to September 18, 2017, by asking for Ms. Clemmons. The proposed updated 2017 Targeted Occupation List is also posted on www.bvjobs.org under Board. Any comments can be emailed to Barbara.clemmons@bvcog.org by September 18, 2017.

Equal Opportunity Employer/Program

Auxiliary aids and services are available upon request to individuals with disabilities.

Deaf, hard-of-hearing or speech-impaired customers may contact Relay Texas 800 735-2989 (TTY) and 711 (Voice) and 979-595-2180.

Equal opportunity is the law.

TRD-201703166

Patricia Buck

Program Manager

Workforce Solutions Brazos Valley Board

Filed: August 16, 2017


Workforce Solutions Deep East Texas

Request for Qualifications 17-362

The Deep East Texas Workforce Development Board, Inc. doing business as Workforce Solutions - Deep East Texas, is requesting interested and qualified parties to respond to this Request for Qualifications (RFQ 17-362) for Legal Services for Workforce Development Board.

The Deep East Texas Local Workforce Development Board (DETLWDB) is soliciting Request for Qualifications (RFQ) from individuals or firms licensed to practice law in the State of Texas. The purpose of the RFQ is to provide legal services to furnish advice and counsel and to issue legal opinions on general, administrative and statutory matters including, but not limited to, personnel and employment issues, real estate matters, competitive bidding procedures, contractual matters, statutory funding requirements, statutory contractual oversight functions, Open Records request and Open Meetings requirements. Attendance at DETLWDB Board and Committee Meetings is required.

The Board will award a contract for Legal Services to Respondents whose proposals, conforming to the Request for Qualifications (RFQ), are determined to present the best value to the Board. The Board reserves the right to negotiate two (2) 1-year contract renewals, contingent upon successful contract performance. The contract shall begin on October 1, 2017, and will expire or be renewed September 30, 2018, contingent upon performance.

TRD-201703123

Kelly Davis

Executive Coordinator

Workforce Solutions Deep East Texas

Filed: August 11, 2017