IN ADDITION

Texas Department of Banking

Supervisory Memorandum

Pursuant to Texas Occupations Code §53.025, the Texas Department of Banking (the Department) is issuing the following guidelines, which apply to felony convictions of officers, directors, and owners of entities regulated by the Department and the entities themselves. The guidelines state the reasons a particular crime is considered to directly relate to the duties and responsibilities of a particular licensee and any other criterion that affects the licensing decisions of the Department. The guidelines reflect the Department's overarching duty to regulate the fiduciary and financial responsibilities of its licensees.

SUPERVISORY MEMORANDUM – 1042 (.pdf)

TRD-201704689

Catherine Reyer

General Counsel

Texas Department of Banking

Filed: November 17, 2017


Capital Area Rural Transportation System

Publication of Notice: Open House for Proposed Eastside Bus Plaza

CARTS has sold it's Austin Headquarters on East 6th Street. Since the mid-1990's this location has also served as the Austin Station where passengers transfer buses for destinations throughout CARTS 9-county service area. CARTS has been working with Capital Metro, the City of Austin and TxDOT on developing a new multimodal/bus plaza in East Austin. CARTS invites the community to an Eastside Bus Plaza project open house that will be held December 6, 2017, 5-7 p.m. at CARTS HQ located at 2010 East 6th Street, Austin, Texas. There will be a brief presentation starting at 6 p.m. Light refreshments will be served. The open house is an opportunity for the public to learn more about the project and provide comment on the proposed multi modal hub.

For more information, please contact (512) 478-RIDE (7433) or visit our website at RideCARTS.com.

TRD-201704602

Dave Marsh

General Manager

Capital Area Rural Transportation System

Filed: November 15, 2017


Office of Consumer Credit Commissioner

Request for Official Interpretation

Under Texas Finance Code, §14.108, the Consumer Credit Commissioner of Texas may issue official interpretations of Texas Finance Code, Title 4, Subtitle A or B, after approval of the official interpretation by the Finance Commission. The provisions of Texas Government Code, Chapter 2001 that relate to the adoption of an administrative rule do not apply to the issuance of an official interpretation under this section.

The commissioner has received the following request for an official interpretation:

Request Number 2017-03, from Robert T. Mowrey of Dallas, Texas. The request concerns the following issue: "The issue for consideration by the Commissioner is whether the department requires, pursuant to Texas law or otherwise, a motor vehicle dealership to include a paper or electronic copy of the privacy policy notice in the transaction file as part of a retail installment sales contract, in addition to providing a copy of the privacy policy notice to the customer."

Interested parties may submit briefs and proposals pertaining to the issue raised by the requestor to Laurie Hobbs, Assistant General Counsel, Office of Consumer Credit Commissioner, 2601 North Lamar Boulevard, Austin, Texas 78705-4207 or by email to laurie.hobbs@occc.texas.gov. To be considered, briefs and proposals must be received on or before 5:00 p.m. central time on the 31st day after the date this request is published in the Texas Register.

TRD-201704693

Laurie B. Hobbs

Assistant General Counsel

Office of Consumer Credit Commissioner

Filed: November 17, 2017


Credit Union Department

Application for a Merger or Consolidation

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 Neighborhood Credit Union (Dallas) seeking approval to merge with Good Street Baptist Church Federal Credit Union (Dallas), with Neighborhood Credit Union being the surviving 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. 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-201704674

Harold E. Feeney

Commissioner

Credit Union Department

Filed: November 16, 2017


Texas Education Agency

Notice of Correction: Request for Applications Concerning the 2018-2019 Pathways in Technology Early College High Schools Planning Grant

The Texas Education Agency (TEA) published Request for Applications (RFA) #701-18-102 Concerning the 2018-2019 Pathways in Technology Early College High Schools (P-TECH) Planning Grant in the November 10, 2017, issue of the Texas Register (42 TexReg 6393).

The TEA is amending the name of the project, filing authority, and project amounts.

The new name of the project is 2018-2019 Pathways in Technology Early College High School (P-TECH) and Industry Cluster Innovative Academies (ICIA) Planning Grant. The P-TECH funds are authorized by General Appropriations Act, Article III, Rider 67, 85th Texas Legislature, Regular Session, 2017; and Texas Education Code (TEC), §§29.551-29.556 (P-TECH). The ICIA funds are authorized by General Appropriations Act, Article III, Rider 49, 85th Texas Legislature, Regular Session, 2017; TEC, §29.908; and the Workforce Innovation and Opportunity Act, Dislocated Workers §17.278, and Adult Activities §17.258. Approximately $1 million is available for funding the 2018-2019 P-TECH and ICIA Planning Grant. It is anticipated that approximately 20 grants will be awarded in the amount of up to $50,000 each. This project is funded 50 percent with federal funds and 50 percent with state funds.

All other sections of the notice remain the same.

TRD-201704687

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: November 16, 2017


Notice of Correction: Request for Applications Concerning the 2018-2020 Pathways in Technology Early College High Schools Success Grant

The Texas Education Agency (TEA) published Request for Applications (RFA) #701-18-101 Concerning the 2018-2020 Pathways in Technology Early College High Schools (P-TECH) Success Grant in the November 10, 2017 issue of the Texas Register (42 TexReg 6394).

The TEA is amending the name of the project, filing authority, and project amounts.

The new name of the project is 2018-2020 Pathways in Technology Early College High School (P-TECH) and Industry Cluster Innovative Academies (ICIA) Success Grant. The P-TECH funds are authorized by General Appropriations Act, Article III, Rider 67, 85th Texas Legislature, Regular Session, 2017; and Texas Education Code (TEC), §§29.551-29.556 (P-TECH). The ICIA funds are authorized by General Appropriations Act, Article III, Rider 49, 85th Texas Legislature, Regular Session, 2017; TEC, §29.908; and the Workforce Innovation and Opportunity Act, Dislocated Workers §17.278, and Adult Activities §17.258. Approximately $3.9 million is available for funding the 2018-2020 P-TECH and ICIA Success Grant. It is anticipated that approximately 15 grants will be awarded in the amount of up to $260,000 each. This project is funded 64 percent with federal funds and 36 percent with state funds.

All other sections of the notice remain the same.

TRD-201704688

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: November 16, 2017


Request for Applications Concerning the 2018-2020 Public Charter School Program Start-Up Grant

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under RFA #701-18-104 from eligible charter schools to provide initial start-up funding for planning and/or implementing charter school activities. This competitive grant opportunity is available for charter schools that meet the federal definition of a charter school, have never received Public Charter School Program start-up funds, and are one of the following: (1) a campus charter school authorized by the local board of trustees in Boles Independent School District (ISD), Dallas ISD, Edgewood ISD, Fort Bend ISD, Longview ISD, Palestine ISD, or San Antonio ISD pursuant to the Texas Education Code (TEC), Chapter 12, Subchapter C, on or before January 26, 2018, that submits all required documentation as stated in the RFA; (2) an open-enrollment charter school authorized by the commissioner of education under the Generation 22 charter application pursuant to the TEC, Chapter 12, Subchapter D; or (3) an open-enrollment charter school designated by the commissioner for the 2018-2019 school year as a new school under an existing charter. A campus charter school must apply through its public school district, and the application must be signed by the district's superintendent or the appropriate designee. Any campus charter school authorized by the local board of trustees in Boles ISD, Edgewood ISD, and Fort Bend ISD for the 2018-2019 school year is considered eligible to apply for the grant. However, the U.S. Department of Education (USDE) must approve the district's charter authorizing policy prior to the charter receiving grant funding, if awarded. Charters awarded by the commissioner under the Generation 22 application that have been notified of contingencies to be cleared prior to receiving a charter contract are considered eligible to apply for the grant. However, these charters should be diligent in working with TEA to complete the contingency process as all contingencies pertaining to the charter application and approval must be cleared and a contract issued to the charter holder prior to receiving grant funding, if awarded. Charters submitting an application for a New School Designation for the 2018-2019 school year are considered eligible to apply for the grant. However, the commissioner must designate the campus as a new school under an existing charter prior to the charter receiving grant funding, if awarded.

Description. The purpose and goals of the 2018-2020 Public Charter School Program Start-Up Grant are to provide financial assistance for the start-up and implementation of charter schools and expand the number of high-quality charter schools available to students across the state.

Dates of Project. The 2018-2020 Public Charter School Program Start-Up Grant will be implemented primarily during the 2018-2019 and 2019-2020 school years. Applicants should plan for a starting date of no earlier than March 15, 2018, and an ending date of no later than July 31, 2020, contingent on the continued availability of federal funding.

Project Amount. Approximately $8 million is available for funding the 2018-2020 Public Charter School Program Start-Up Grant. It is anticipated that approximately 10 to 15 grants of no more than $800,000 each will be awarded. Applicants that are in their first or second year of eligibility may apply for grant funding. However, if selected for funding, the award amount will be prorated based on the remaining months of eligibility. This project is funded 100 percent with federal funds.

Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA.

TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Applicants' Conference. A webinar will be held on Friday, December 15, 2017, from 10:00 a.m. to 12:00 p.m. Register for the webinar at https://attendee.gotowebinar.com/register/98024047108026626. Questions relevant to the RFA may be emailed to Arnoldo Alaniz at CharterSchools@tea.texas.gov or faxed to (512) 463-9732 prior to Friday, December 8, 2017. These questions, along with other information, will be addressed during the webinar. The applicants' conference webinar will be open to all potential applicants and will provide general and clarifying information about the grant program and RFA.

Requesting the Application. The announcement letter and complete RFA will be posted on the TEA Grant Opportunities web page at http://tea4avoswald.tea.state.tx.us/GrantOpportunities/forms/GrantProgramSearch.aspx for viewing and downloading. In the "Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view and download all documents that pertain to this RFA.

Further Information. In order to make sure that no prospective applicant obtains a competitive advantage because of acquisition of information unknown to other prospective applicants, any and all questions must be submitted in writing to the TEA contact persons identified in the program guidelines of the RFA at CharterSchools@tea.texas.gov no later than Monday, December 18, 2017. All questions and the written answers thereto will be posted on the TEA Grant Opportunities web page in the format of Frequently Asked Questions (FAQs) by Tuesday, January 2, 2018. In the "Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.

Deadline for Receipt of Applications. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Tuesday, January 30, 2018, to be eligible to be considered for funding. TEA will not accept applications by email. Applications may be delivered to the TEA visitors' reception area on the second floor of the William B. Travis Building, 1701 North Congress Avenue (at 17th Street and North Congress, two blocks north of the Capitol), Austin, Texas 78701 or mailed to Document Control Center, Division of Grants Administration, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494.

TRD-201704686

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: November 16, 2017


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ, agency, 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 January 5, 2018. 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 January 5, 2018. 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: Agri-Empresa LLC; DOCKET NUMBER: 2017-1062-AIR-E; IDENTIFIER: RN105994370; LOCATION: Wellman, Terry County; TYPE OF FACILITY: bulk mineral product handling site; RULES VIOLATED: 30 TAC §106.144(1), Permit by Rule Registration Number 93416, and Texas Health and Safety Code (THSC), §382.085(b), by failing to transport all material in a closed conveying system and vent all exhaust air to the atmosphere through a fabric filter; and 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b) by failing to obtain authorization prior to commencing construction and operation of an additional source of air contaminants; PENALTY: $2,250; ENFORCEMENT COORDINATOR: David Carney, (512) 239-2583; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(2) COMPANY: ALLEN KELLER COMPANY I, LLC; DOCKET NUMBER: 2017-1255-WQ-E; IDENTIFIER: RN108168964; LOCATION: Junction, Kimble County; TYPE OF FACILITY: aggregate production operations; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge stormwater associated with industrial activities under Texas Pollutant Discharge Elimination System General Permit Number TXR050000; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-4935; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(3) COMPANY: Bill Mayhew dba Wood Trail Water Supply; DOCKET NUMBER: 2017-1211-PWS-E; IDENTIFIER: RN101244523; LOCATION: Kerrville, Kerr County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.45(b)(1)(F)(i) and Texas Health and Safety Code, §341.0315(c), by failing to provide the minimum well capacity of 0.6 gallons per minute per connection; 30 TAC §290.121(a) and (b), by failing to maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the public water system will use to comply with the monitoring requirements; and 30 TAC §290.46(f)(2) and (3)(A)(iv), by failing to provide the operating records and make them readily available and accessible for review to the executive director upon request; PENALTY: $150; ENFORCEMENT COORDINATOR: Ronica Rodriguez, (512) 239-2601; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(4) COMPANY: CATEX Acquisitions, LLC; DOCKET NUMBER: 2017-0673-PWS-E; IDENTIFIER: RN101217347; LOCATION: Giddings, Lee County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.110(e)(4)(A) and (f)(3) and §290.122(c)(2)(A) and (f), by failing to submit a Disinfectant Level Quarterly Operating Report (DLQOR) to the executive director (ED) by the tenth day of the month following the end of each quarter for the third quarter of 2015 through the fourth quarter of 2016, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a DLQOR for the third quarter of 2015 through the third quarter of 2016; 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, have the samples analyzed, and report the results to the ED for the January 1, 2015 - December 31, 2015 and January 1, 2016 - December 31, 2016, monitoring periods, 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 - December 31, 2016, monitoring period; 30 TAC §290.109(d)(2)(A)(ii) (formerly §290.109(c)(2)(A)(ii)), and §290.122(c)(2)(A) and (f) and Texas Health and Safety Code, §341.033(d), by failing to collect a routine distribution water sample for coliform analysis for the months of September 2015 - March 2016 and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect a routine distribution water sample for the months of November 2015 - March 2016; and 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 for calendar years 2014 and 2015; PENALTY: $3,968; ENFORCEMENT COORDINATOR: Jason Fraley, (512) 239-2552; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(5) COMPANY: Celanese Limited; DOCKET NUMBER: 2017-1076-AIR-E; IDENTIFIER: RN100227016; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), Texas Health and Safety Code, §382.085(b), New Source Review Permit Number 55046, Special Conditions Number 1, and Federal Operating Permit Number O1893, General Terms and Conditions and Special Terms and Conditions Number 31, by failing to prevent unauthorized emissions; PENALTY: $5,475; ENFORCEMENT COORDINATOR: Jo Hunsberger, (512) 239-1274; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(6) COMPANY: Channel Energy Center, LLC; DOCKET NUMBER: 2017-0793-AIR-E; IDENTIFIER: RN100213107; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: cogeneration of energy; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(c), and 122.143(4), Texas Health and Safety Code (THSC), §382.085(b), New Source Review (NSR) Permit Numbers 42179, PSDTX955M1, and N021M1, Special Conditions (SC) Number 2.A and Federal Operating Permit (FOP) Number O2084, Special Terms and Conditions (STC) Number 10, by failing to comply with the permitted emissions limit; and 30 TAC §§101.20(3), 116.115(c), and 122.143(4), THSC, §382.085(b), NSR Permit Numbers 42179, PSDTX955M1, and N021M1, SC Numbers 6.A and 33, and FOP Number O2084, STC Numbers 1.A and 10, by failing to comply with the permitted maximum allowable emissions rate and concentration limit; PENALTY: $6,301; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(7) COMPANY: Deer Creek Ranch Water Company, LLC; DOCKET NUMBER: 2017-0627-PWS-E; IDENTIFIER: RN100822527; LOCATION: Dripping Springs, Travis County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.45(b)(2)(H) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide emergency power that will deliver water at a minimum rate of 0.35 gallon per minute per connection to the distribution system in the event of the loss of normal power supply; and 30 TAC §290.45(b)(2)(G) and THSC, §341.0315(c), by failing to provide a minimum pressure tank capacity of 20 gallons per connection; PENALTY: $260; ENFORCEMENT COORDINATOR: James Fisher, (512) 239-2537; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(8) COMPANY: Enbridge Pipelines (Texas Gathering) L.P.; DOCKET NUMBER: 2017-1252-AIR-E; IDENTIFIER: RN106175219; LOCATION: Wheeler, Wheeler County; TYPE OF FACILITY: natural gas compression and dehydration station; RULES VIOLATED: 30 TAC §122.143(4) and §122.146(2), Federal Operating Permit (FOP) Number O3820, General Terms and Conditions and Special Terms and Conditions Number 12, and Texas Health and Safety Code (THSC), §382.085(b), by failing to submit a permit compliance certification no later than 30 days after the end of the certification period; and 30 TAC §122.143(4) and §122.145(2)(A) and (C), FOP Number O3449/Oil and Gas General Operating Permit Number 514, Site-wide Requirements (b)(2), and THSC, §382.085(b), by failing to submit a deviation report no later than 30 days after the end of the reporting period; PENALTY: $7,838; ENFORCEMENT COORDINATOR: David Carney, (512) 239-2583; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(9) COMPANY: Gary Hatchett dba Li'l Haden's Playhouse and Learning Center Too and LI'L HADEN'S CENTERS, INCORPORATED dba Li'l Haden's Playhouse and Learning Center Too; DOCKET NO: 2016-2125-PWS-E; IDENTIFIER: RN109472084; LOCATION: Lubbock, Lubbock County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.41(c)(1)(D), by failing to ensure that livestock in pastures are not allowed within 50 feet of a water supply well; 30 TAC §290.41(c)(3)(J), by failing to provide the well with a concrete sealing block that extends a minimum of three feet from the well casing in all directions, with a minimum thickness of six inches and sloped to drain away at not less than 0.25 inch per foot; 30 TAC §290.41(c)(3)(N), by failing to provide the facility's well with a flow measuring device to measure production yields and provide for the accumulation of water production data; 30 TAC §290.41(c)(3)(O), by failing to protect the well with an intruder-resistant fence with a lockable gate or enclose the well in a locked and ventilated well house; 30 TAC §290.42(b)(1) and (e)(3), by failing to provide disinfection facilities for the groundwater supply for the purpose of microbiological control and distribution protection; 30 TAC §290.45(d)(2)(A)(ii) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide a minimum pressure tank capacity of 220 gallons; 30 TAC §290.46(v), by failing to ensure that the electrical wiring is securely installed in compliance with a local or national electrical code; 30 TAC §290.39(e)(1) and (h)(1) and THSC, §341.035(a), by failing to submit plans and specifications to the executive director for review and approval prior to the construction of a new public water supply; 30 TAC §290.46(e)(4)(A) and THSC, §341.033(a), by failing to operate the facility under the direct supervision of a licensed water works operator who holds a Class D or higher license; and 30 TAC §290.41(c)(3)(A), by failing to submit well completion data for review and approval prior to placing the facility's public drinking water well into service; PENALTY: $4,347; ENFORCEMENT COORDINATOR: Steven Hall, (512) 239-2569; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(10) COMPANY: HERITAGE MINISTRIES; DOCKET NUMBER: 2017-1142-PWS-E; IDENTIFIER: RN109792440; LOCATION: Waco, McLennan County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(b)(1) and (e)(3), by failing to provide disinfection facilities for the groundwater supply for the purpose of microbiological control and distribution protection; 30 TAC §290.46(e)(4)(A) and Texas Health and Safety Code, §341.033(a), by failing to operate the water system under the direct supervision of a water works operator who holds a Class D or higher license; 30 TAC §290.46(q)(1), by failing to issue a boil water notice to customers throughout the distribution system or in the affected area(s) of the distribution system as soon as possible, but in no case later than 24 hours as a special precaution due to a lack of disinfection equipment; and 30 TAC §290.46(n)(1), by failing to maintain accurate and up-to-date detailed as-built plans or record drawings and specifications for each treatment plant, pump station, and storage tank at the facility; PENALTY: $950; ENFORCEMENT COORDINATOR: Steven Hall, (512) 239-2569; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(11) COMPANY: HFOTCO, LLC; DOCKET NUMBER: 2017-0819-AIR-E; IDENTIFIER: RN100223445; LOCATION: Houston, Harris County; TYPE OF FACILITY: Petrochemical; RULES VIOLATED: 30 TAC §122.143(4) and §122.145(2)(A), Texas Health and Safety Code, §382.085(b), and Federal Operating Permit Number O1093, General Terms and Conditions, by failing to report all instances of deviations; PENALTY: $1,750; ENFORCEMENT COORDINATOR: Jo Hunsberger, (512) 239-1274; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(12) COMPANY: Keith McNeese dba Bottom of the Hill; DOCKET NUMBER: 2016-2145-MLM-E; IDENTIFIER: RN105814842; LOCATION: Justiceburg, Garza County; TYPE OF FACILITY: convenience store and restaurant and public water supply; RULES VIOLATED: 30 TAC §290.41(c)(3)(J), by failing to provide a concrete sealing block that extends a minimum of three feet from the well casing in all directions with a minimum thickness of six inches and sloped to drain away at not less than 0.25 inch per foot; 30 TAC §290.41(c)(3)(K), by failing to provide a well casing vent with an opening that is covered with 16-mesh or finer corrosion-resistant screen, facing downward, elevated and located so as to minimize the drawing of contaminants into the well; 30 TAC §290.41(c)(3)(N), by failing to provide a flow measuring device for the facility's well to measure production yields and provide for the accumulation of water production data; 30 TAC §290.42(b)(1) and (e)(3), by failing to provide disinfection facilities for the groundwater supply for the purpose of microbiological control and distribution protection; 30 TAC §290.44(h)(1)(A), by failing to install a backflow prevention assembly or an air gap at all residences or establishments where an actual or potential contamination hazard exists; 30 TAC §290.45(d)(2)(A)(ii) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide a minimum pressure tank capacity of 220 gallons; 30 TAC §290.46(v), by failing to ensure that all electrical wiring is securely installed in compliance with a local or national electrical code; 30 TAC §290.46(n)(1), by failing to maintain plans, specifications, maps and other pertinent information on file at the facility to facilitate the operation and maintenance of the water system's facilities and equipment; 30 TAC §111.201 and THSC, §382.085(b), by failing caused, suffered, allowed, or permitted outdoor burning within the State of Texas; and 30 TAC §330.15(a) and (c) and TWC, §26.121, by failing to caused, suffered, allowed or permitted the unauthorized disposal of municipal solid waste; PENALTY: $4,649; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(13) COMPANY: MILO DRIVE, INCORPORATED; DOCKET NUMBER: 2017-1012-EAQ-E; IDENTIFIER: RN105116677; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: residential development; RULE VIOLATED: 30 TAC §213.4(k), by failing to maintain temporary and permanent best management practices; PENALTY: $8,750; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(14) COMPANY: Montgomery County Municipal Utility District 60; DOCKET NUMBER: 2017-0956-PWS-E; IDENTIFIER: RN101414597; LOCATION: The Woodlands, Montgomery County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 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 executive director along with certification that the consumer notification has been distributed for the January 1, 2012 - December 31, 2014, monitoring period; and 30 TAC §290.115(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.080 milligrams per liter for total trihalomethanes, based on the locational running annual average; PENALTY: $517; ENFORCEMENT COORDINATOR: Steven Hall, (512) 239-2569; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(15) COMPANY: NARAYANSWARUP, INCORPORATED dba Silverlake Plaza Food Mart; DOCKET NUMBER: 2017-0549-PST-E; IDENTIFIER: RN102492055; LOCATION: Pearland, Brazoria County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.76(1), by failing to perform initial response action within 24 hours of a release from an underground storage tank (UST) system; 30 TAC §334.77(b) and §334.78(c), by failing to submit a report to the TCEQ summarizing the initial abatement steps taken within 20 days after a release of a regulated substance from a UST system also, failing to submit a site assessment report within 45 days after a confirmed release of a regulated substance from a UST system; and 30 TAC §334.48(a), by failing to ensure the UST system is operated, maintained, and managed in a manner that will prevent releases of regulated substances; PENALTY: $11,350; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(16) COMPANY: Phillips 66 Pipeline LLC; DOCKET NUMBER: 2017-1218-AIR-E; IDENTIFIER: RN100221506; LOCATION: Sundown, Cochran County; TYPE OF FACILITY: pump station; RULES VIOLATED: 30 TAC §122.143(4) and §122.145(2)(C), Federal Operating Permit Number O2750, 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: $3,750; ENFORCEMENT COORDINATOR: Austin Henck, (512) 239-4935; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(17) COMPANY: Southland Independent School District; DOCKET NUMBER: 2017-1206-PWS-E; IDENTIFIER: RN101197168; LOCATION: Southland, Garza County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(m)(1)(B), by failing to conduct annual inspections of the facility's three pressure tanks; and 30 TAC §290.46(s)(2)(C)(i), by failing to verify the accuracy of the manual disinfectant residual analyzer at least once every 90 days using chlorine solutions of known concentrations; PENALTY: $478; ENFORCEMENT COORDINATOR: Ross Luedtke, (512) 239-3157; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(18) COMPANY: SPORT CYCLES, INCORPORATED; DOCKET NUMBER: 2017-1027-PST-E; IDENTIFIER: RN101867489; LOCATION: Tomball, Harris County; TYPE OF FACILITY: facility with out-of-service tanks; RULES VIOLATED: 30 TAC §334.7(d)(1)(A), (B), and (3), by failing to provide an amended registration for any change or additional information to the agency regarding the underground storage tanks (USTs), within 30 days from the date of the occurrence of the change or addition, or within 30 days from the date on which the owner or operator first became aware of the change or addition; and 30 TAC §§37.867(a), 334.47(a)(2), 334.49, 334.50, and 334.54(b)(2) and (c)(1) and (2), and TWC, §26.3475(c)(1) and (d), by failing to permanently remove from service, no later than 60 days after the prescribed implementation date, three USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements and, failing to maintain all piping, pumps, manways, tank access points and ancillary equipment in a capped, plugged, locked, and/or otherwise secured manner to prevent access, tampering, or vandalism by unauthorized persons; PENALTY: $11,125; ENFORCEMENT COORDINATOR: Jonathan Nguyen, (512) 239-1661; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(19) COMPANY: UNITED FIBERGLASS, INCORPORATED; DOCKET NUMBER: 2016-1536-AIR-E; IDENTIFIER: RN105915011; LOCATION: Amarillo, Randall County; TYPE OF FACILITY: plastic composite manufacturing; RULES VIOLATED: 30 TAC §§101.20(2), 113.1060, and 122.143(4), 40 Code of Federal Regulations §63.5910(b)(3) and (4), Texas Health and Safety Code (THSC), §382.085(b), and Federal Operating Permit (FOP) Number O3558, Special Terms and Conditions (STC) Numbers 1.E and 4, by failing to submit timely semi-annual Maximum Achievable Control Technology compliance reports; 30 TAC §116.115(c) and §122.143(4), THSC, §382.085(b), New Source Review (NSR) Permit Number 95828, Special Conditions (SC) Number 9, and FOP Number O3558, STC Number 5, by failing to implement adaptor modifications to the resin gun system; 30 TAC §116.115(c) and §122.143(4), THSC, §382.085(b), NSR Permit Number 95828, SC Number 10.B, and FOP Number O3558, STC Number 5, by failing to limit the styrene content of resin used in operation from exceeding 44% by weight; 30 TAC §122.143(4) and §122.145(2)(B), THSC, §382.085(b), and FOP Number O3558, General Terms and Conditions (GTC), by failing to submit a deviation report when deviations were known to have occurred; and 30 TAC §122.143(4) and §122.145(2)(A), THSC, §382.085(b), and FOP Number O3558, GTC, by failing to report all instances of deviations; PENALTY: $18,851; ENFORCEMENT COORDINATOR: David Carney, (512) 239-2583; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(20) COMPANY: Western Dairy Transport, L.L.C.; DOCKET NUMBER: 2017-1117-AIR-E; IDENTIFIER: RN105139372; LOCATION: Dublin, Erath County; TYPE OF FACILITY: milk transportation; RULES VIOLATED: 30 TAC §101.4 and Texas Health and Safety Code, §382.085(a) and (b), by failing to prevent nuisance dust conditions; PENALTY: $876; ENFORCEMENT COORDINATOR: Shelby Orme, (512) 239-4574; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-201704607

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: November 16, 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 January 5, 2018. 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 January 5, 2018. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: Cliff J. Chambers; DOCKET NUMBER: 2017-0339-OSS-E; TCEQ ID NUMBER: RN103749859; LOCATION: 7075 Highway 326 North, Kountze, Hardin County; TYPE OF FACILITY: on-site sewage facility (OSSF); RULES VIOLATED: Texas Health and Safety Code, §366.051(c) and 30 TAC §285.61(4), by failing to ensure that an authorization to construct had been obtained prior to beginning construction of an OSSF; PENALTY: $527; STAFF ATTORNEY: Jake Marx, Litigation Division, MC 175, (512) 239-5111; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(2) COMPANY: NEW K & T QUICK STOP, INC. dba K & H FOOD STORE; DOCKET NUMBER: 2017-0821-PST-E; TCEQ ID NUMBER: RN101570570; LOCATION: 809 West Northside Drive, Fort Worth, Tarrant County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(d) and 30 TAC §334.49(c)(4)(C), by failing to inspect and test the cathodic protection system for operability and adequacy of protection at a frequency of at least once every three years; 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); and 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; PENALTY: $11,948; STAFF ATTORNEY: Clayton Smith, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-201704605

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: November 16, 2017


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

The Texas Commission on Environmental Quality (TCEQ, agency, 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 the 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 January 5, 2018. 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 January 5, 2018. 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: ABHH INTERNATIONAL LLC and Mohammad H. Khan; DOCKET NUMBER: 2016-1893-PST-E; TCEQ ID NUMBER: RN101630572; LOCATION: 1717 Nederland Avenue, Nederland, Jefferson County; TYPE OF FACILITY: underground storage tank (UST) system; RULES VIOLATED: 30 TAC §334.7(d)(3) and (e)(2), by failing to provide an amended registration for any change or additional information regarding the USTs within 30 days from the date of the occurrence of the change or addition; TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A) and §334.54(c)(2), by failing to monitor an out-of-service UST system for releases; and 30 TAC §334.54(b)(2), by failing to maintain all piping, pumps, manways, tank access points and ancillary equipment in a capped, plugged, locked, and/or otherwise secured manner to prevent access, tampering, or vandalism by unauthorized persons; PENALTY: $13,125; STAFF ATTORNEY: Isaac Ta, Litigation Division, MC 175, (512) 239-0683; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(2) COMPANY: Albo Enterprises, Inc.; DOCKET NUMBER: 2017-0230-PST-E; TCEQ ID NUMBER: RN100810555; LOCATION: 12496 Montana Avenue, El Paso, El Paso County; TYPE OF FACILITY: underground storage tank (UST) system; RULES VIOLATED: 30 TAC §334.601(b) and §334.606 and TCEQ AO Docket Number 2014-1135-PST-E, Ordering Provision Number 2.a.i., by failing to comply with UST operator training requirements; and 30 TAC §334.47(a)(2) and TCEQ AO Docket Number 2014-1135-PST-E, Ordering Provision Number 2.a.iii., by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, a UST system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $101,250; STAFF ATTORNEY: Isaac Ta, Litigation Division, MC 175, (512) 239-0683; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(3) COMPANY: Kelli D. Cook, Danny Allen Cook, and Cook & Clader Construction, LLC; DOCKET NUMBER: 2016-0558-WQ-E; TCEQ ID NUMBERS: RN108004326, RN108036526, and RN108003930; LOCATIONS: on the north side of a private road between County Road 128 (Jessie Thompson Road) and Nubbin Fuller Road, which the Rusk County Appraisal District defines as Abstract 519, TJ Martin Survey; Property Identification. 24170 (Pit-A) (Site Number 1), on the south side of private road between County Road 128 (Jessie Thompson Road) and Nubbin Fuller Road, which the Rusk County Appraisal District defines as Abstract 732; J Smith Survey; Property Identification. 7920 (Pit-B) (Site Number 2), and 2324 North County Road 4144 and North County Road 4105, which the Rusk County Appraisal District defines as Abstract 7; F Cordova Survey; Property Identification. 49230 (Pit-C) (Site Number 3), Overton, Rusk County; TYPE OF FACILITIES: aggregate production operations (APOs); RULES VIOLATED: TWC, §26.121(a)(2), by failing to prevent the discharge of other waste into or adjacent to any water in the state from Site Numbers 1, 2, and 3; 30 TAC §342.25(b), by failing to register Site Numbers 1 and 3 as an APO no later than the tenth business day before the beginning date of regulated activities; and 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge storm water associated with industrial activities under Texas Pollutant Discharge Elimination System General Permit Number TXR050000 from Site Numbers 2 and 3; PENALTY: $52,500; STAFF ATTORNEY: Isaac Ta, Litigation Division, MC 175, (512) 239-0683; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(4) COMPANY: Dao Pham and Lai Nguyen dba Heights Super Cleaners; DOCKET NUMBER: 2017-0864-DCL; TCEQ ID NUMBER: RN103970562; LOCATION: 740 East 20th Street, Suite A, Houston, Harris County; TYPE OF FACILITY: dry cleaning drop station; RULES VIOLATED: Texas Health and Safety Code, §374.102, 30 TAC §337.11(e), and TCEQ AO Docket Number 2014-0326-DCL-E, Ordering Provision Number 3.b.i., by failing to renew the facility’s registration by completing and submitting the required registration form to the TCEQ for a dry cleaning and/or drop station facility; 30 TAC §337.10(b) and TCEQ AO Docket Number 2014-0326-DCL-E, Ordering Provision Number 3.b.i., by failing to provide written notice to the executive director of changes made at the facility within 30 days from the date of the occurrence of the changes; 30 TAC §337.20(e)(6)(B) and §337.70(a) and TCEQ AO Docket Number 2014-0326-DCL-E, Ordering Provision Number 3.a., by failing to maintain dry cleaning and/or drop station facility records and make them immediately available for inspection upon request by agency personnel; and TWC, §5.702, 30 TAC §337.14(a), and TCEQ AO Docket Number 2014-0326-DCL-E, Ordering Provision Number 3.b.ii., by failing to pay outstanding dry cleaner fees for TCEQ Financial Account Number 24003728 for Fiscal Years 2009 through 2013; PENALTY: $3,492; 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.

(5) COMPANY: Fritz Town Entertainment LLC; DOCKET NUMBER: 2015-1821-PWS-E; TCEQ ID NUMBER: RN104497466; LOCATION: 2254 South United States Highway 87, Fredericksburg, Gillespie County; TYPE OF FACILITY: public water system; RULES VIOLATED: Texas Health and Safety Code, §341.033(d) and 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(A) and (f), by failing to collect routine distribution water samples for coliform analysis and failing to post public notification and submit a copy of the public notification to the executive director; PENALTY: $1,815; STAFF ATTORNEY: Clayton Smith, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(6) COMPANY: THE CAMPGROUND INVESTMENT GROUP, INC. dba American Campground; DOCKET NUMBER: 2016-1881-PWS-E; TCEQ ID NUMBER: RN102676715; LOCATION: 10348 West United States Highway 90 near Lake View, Val Verde County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(f)(4) and §290.107(e), by failing to report the results of synthetic organic chemical (SOC) contaminants (method 504, 515 and 531) sampling to the executive director (ED); 30 TAC §§290.46(f)(4), 290.106(e), 290.107(e), 290.115(e), and 290.122(c)(2)(A) and (f), by failing to report the results of nitrate, SOC (group 5) contaminants, and Stage 2 Disinfection Byproducts (DBP2) sampling to the ED for the January 1 - December 31, 2015 monitoring period and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to report the results of DBP2 sampling to the ED; 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; 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 the compliance monitoring data; and TWC, §5.702 and 30 TAC §290.51(a)(6), by failing to pay annual Public Health Service fees and/or any associated late fees for TCEQ Financial Administration Account Number 92330023; PENALTY: $723; STAFF ATTORNEY: Ryan Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(7) COMPANY: Luciano Trevino; DOCKET NUMBER: 2017-0282-WQ-E; TCEQ ID NUMBER: RN109241158; LOCATION: approximately 0.55 mile north of Split Rail Lane on the east side of State Highway 304, Bastrop County; TYPE OF FACILITY: aggregate production operation (APO); RULES VIOLATED: TWC, §26.121, 40 Code of Federal Regulations §122.26(c), and 30 TAC §281.25(a)(4), by failing to obtain authorization to discharge storm water associated with industrial activities under Texas Pollutant Discharge Elimination System General Permit Number TXR050000; and 30 TAC §342.25(b), by failing to register the site as an APO no later than the tenth business day before the beginning date of regulated activities; PENALTY: $6,312; STAFF ATTORNEY: Clayton Smith, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: Austin Regional Office, 12100 Park 35 Circle, Building A, Room 179, Austin, Texas 78753, (512) 339-2929.

TRD-201704606

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: November 16, 2017


Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 114 and to the State Implementation Plan

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 Texas Administrative Code (TAC) Chapter 114, Control of Air Pollution from Motor Vehicles, §§114.620, 114.622, 114.623, 114.644, 114.650 - 114.653, and 114.680 - 114.682; the repeal of §§114.648, 114.658, 114.660 - 114.662, and 114.670 - 114.672, and corresponding revisions to the state implementation plan (SIP) under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Chapter 2001, Subchapter B; and 40 Code of Federal Regulations §51.102 of the United States Environmental Protection Agency (EPA) concerning SIPs.

The proposed rulemaking would implement portions of Senate Bill (SB) 1731 enacted by the 85th Texas Legislature, 2017, Regular Session, which amended statutory provisions pertaining to programs that are part of the Texas Emissions Reduction Plan. The proposed rulemaking would amend existing rules implementing the Diesel Emissions Reduction Incentive Program established under Texas Health and Safety Code (THSC), Chapter 386, Subchapter C; the Texas Clean School Bus Program established under THSC, Chapter 390; the Texas Clean Fleet Program established under THSC, Chapter 392; and the Seaport and Rail Yard Areas Emissions Reduction Program established under THSC, Chapter 386, Subchapter D-1. The proposed changes include updates and revisions to program criteria and processes.

The commission will hold a public hearing on this proposal in Austin on December 11, 2017, at 10:00 a.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Sandy Wong, Office of Legal Services at (512) 239-1802 or (800) RELAY-TX (TDD). Requests should be made as far in advance as possible.

Written comments may be submitted to Derek Baxter, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: http://www1.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2017-031-114-AI. The comment period closes on December 22, 2017. Copies of the proposed rulemaking can be obtained from the commission's website at http://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Steve Dayton, Implementation Grants Section, at (512) 239-6824.

TRD-201704638

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: November 16, 2017


Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 114, Subchapter K, Division 2

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 TAC Chapter 114, Subchapter K, Division 2, Light-Duty Motor Vehicle Purchase or Lease Incentive Program, under the requirements of Texas Government Code, Chapter 2001, Subchapter B. The commission is proposing the repeal of §§114.610 - 114.612 and §114.616; and new §§114.610 - 114.613.

The proposed rulemaking would implement Senate Bill (SB) 1731 from the 85th Texas Legislature, 2017, Regular Session, to implement a new Light-Duty Motor Vehicle Purchase or Lease Incentive Program (program) established under Texas Health and Safety Code, Chapter 386, Subchapter D. The proposed rulemaking would repeal the criteria and requirements pertaining to the previous program that ended in 2015, and would replace those sections with the criteria and requirements for the new program established under SB 1731.

The commission will hold a public hearing on this proposal in Austin on December 11, 2017, at 2:00 p.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Sandy Wong, Office of Legal Services at (512) 239-1802 or (800) RELAY-TX (TDD). Requests should be made as far in advance as possible.

Written comments may be submitted to Ms. Kris Hogan, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: http://www1.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2017-030-114-AI. The comment period closes on December 22, 2017. Copies of the proposed rulemaking can be obtained from the commission's website at http://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Steve Dayton, Implementation Grants Section, at (512) 239-6824.

TRD-201704654

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: November 16, 2017


Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 334

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 Texas Administrative Code (TAC) Chapter 334, Underground and Aboveground Storage Tanks, §§334.2, 334.4, 334.6, 334.7, 334.10, 334.19, 334.42, 334.45 - 334.52, 334.54, 334.55, 334.72, 334.74, 334.123 - 334.125, 334.127, 334.208, 334.407, 334.424, 334.491, 334.496, 334.499, 334.602, 334.603, and 334.605, under the requirements of Texas Government Code, Chapter 2001, Subchapter B.

The proposed rulemaking would include federal rule updates required by the United States Environmental Protection Agency (EPA) pertaining to underground storage tanks (USTs). In addition to updates to EPA's UST regulations, this rulemaking also proposes minor rule revisions relating to fee on delivery of petroleum products and the funding of the Petroleum Storage Tank Remediation account (House Bill 7, 84th Texas Legislature, Regular Session, which amended Texas Water Code (TWC), §26.3574(b-1)), and rule revisions related to the fee on the delivery of certain petroleum products (Senate Bill 1557, 85th Texas Legislature, Regular Session, which amended TWC, §26.3574(a) - (i)).

The commission will hold a public hearing on this proposal in Austin on January 9, 2018, at 2:00 p.m. in Building E, Conference Room 201S (Agenda Room), at the commission's central office located at 12100 Park 35 Circle. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Sandy Wong, Office of Legal Services at (512) 239-1802 or (800)-RELAY-TX (TDD). Requests should be made as far in advance as possible.

Written comments may be submitted to Patricia Durón, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: http://www1.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2016-019-334-CE. The comment period closes January 9, 2018. Copies of the proposed rulemaking can be obtained from the commission's website at http://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Cynthia Gandee, Program Support Section, at (512) 239-7025.

TRD-201704685

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: November 16, 2017


Notice of Public Hearing on Proposed Revisions to 30 TAC Chapters 39 and 55 and to the State Implementation Plan

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 TAC Chapter 39, Public Notice, §39.411 and §39.603; Chapter 55, Requests for Reconsideration and Contested Case Hearings; Public Comment, §55.152, and to the State Implementation Plan (SIP) under the requirements of Texas Health and Safety Code, §382.017; Texas Water Code, §5.103; Texas Government Code, Chapter 2001, Subchapter B; and 40 Code of Federal Regulations §51.102 of the United States Environmental Protection Agency (EPA) concerning SIPs.

If adopted, the amendments to §§39.411(e)(10) and (11)(A)(v) and (vi) and (F), (f) (introductory paragraph), and (f)(8); 39.603; and 55.152(a)(3), (4), (7), and (8) will be submitted to EPA as revisions to the SIP.

The proposed rulemaking would implement Senate Bill 1045 from the 85th Texas Legislature, 2017, Regular Session, relating to consolidation of public notice requirements for certain air quality permit applications.

The commission will hold a public hearing on this proposal in Austin on January 3, 2018, at 10:00 a.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Sandy Wong, Office of Legal Services at (512) 239-1802 or (800) RELAY-TX (TDD). Requests should be made as far in advance as possible.

Written comments may be submitted to Ms. Kris Hogan, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: http://www1.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2017-027-039-LS. The comment period closes January 3, 2018. Copies of the proposed rulemaking can be obtained from the commission's website at http://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Janis Hudson, Environmental Law Division, at (512) 239-0466.

TRD-201704648

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: November 16, 2017


Request for Members to Serve - Water Utility Operator Licensing Advisory Committee

The Texas Commission on Environmental Quality (TCEQ) is seeking a total of seven members to serve on the TCEQ Water Utility Operator Licensing Advisory Committee (the Committee).

The Committee membership represents various geographic areas of the state, ethnicity, businesses, governments, associations, and industries. If you have served on this advisory committee or applied in the past, you may do so again. When members' terms expire, the committee representation changes and individuals with varying backgrounds and geographic locations are needed each time.

The authority for the committee is found in 30 TAC Chapter 5. The objectives of the 13-member committee are: 1) to review training and educational material to promote quality education and training; 2) to review Job Analysis exam validations and to advise and assist regarding licensing requirements; 3) to assist with the review of rules, regulations, guidance documents, and policy statements; 4) to represent a diversity of viewpoints; 5) and to promote interaction with outside organizations.

All appointments will be made by the TCEQ commissioners. The committee meets as needed, usually four times a year. Meetings are held at the TCEQ offices located at 12100 Park 35 Circle in Austin, Texas, and last up to four hours. No financial compensation is available. Additional information regarding the Committee is available at the following website: http://www.tceq.texas.gov/licensing/groups/wuoc_comm.html.

To apply, download and complete the Water Utility Operator Licensing Advisory Committee (WUOLAC) application from our website (previously listed), or contact us directly to request an application be mailed to you. You may submit a resume in addition to the application, but not in lieu of the application.

Completed Applications must be received at TCEQ by 5:00 p.m., on January 5, 2018. Applications may be delivered to Colby Eaves by email (colby.eaves@tceq.texas.gov), fax (512-239-6316), or U.S. mail: Colby Eaves, Occupational Licensing Section, MC 178, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-201704601

Robert Martinez

Director, Environmental Law Division

Texas Commission Environmental Quality

Filed: November 15, 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 July 11, 2016

Frank R. Santos, 1122 Colorado St., Ste. 200, Austin, Texas 78701

Deadline: Lobby Activities Report due July 10, 2017

Frank R. Santos, 1122 Colorado St., Ste. 200, Austin, Texas 78701

Deadline: Lobby Activities Report due August 10, 2017

Frank R. Santos, 1122 Colorado St., Ste. 200, Austin, Texas 78701

TRD-201704608

Seana Willing

Executive Director

Texas Ethics Commission

Filed: November 16, 2017


Texas Health and Human Services Commission

Notification of Consulting Procurement

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health and Human Services Commission (HHSC) announces the release of its Project Quote Request for Proposals to the previously procured contractors awarded through the Multi-Consultant Contractor Pool RFP #529-16-0083. The Project Quote Request for Proposals is for Consultant Services to assist in fulfilling requirements associated with Riders 219, and 220 in the State of Texas Appropriations Act from the 85th Texas Legislature. HHSC seeks to contract with a single qualified consultant for all of the scope.

The primary objective for this Project Quote Request is to seek the assistance of a consultant with certain expertise to assist HHSC with analytical reporting related to Parts A, B, C, and D of Rider 220; the evaluation of Medicaid and CHIP Managed Care in Texas as well as an analysis and report for Rider 219 regarding the administration of prescription drug benefits.

Consulting services will include a study and report on potential cost savings in the administration of prescription drug benefits (Rider 219); a comprehensive review of, and evaluation of managed care (Rider 220 Part a) in Texas Medicaid and Children's Health Insurance Program (CHIP); a review and report on preliminary findings of the agency's contract management and oversight function for Medicaid and CHIP managed care contracts (Rider 220 Part b); a study of Medicaid managed care rate setting processes and methodologies in other states (Rider 220 Part c); and a review of administrative expenses incurred by managed care organizations (MCOs) in Medicaid and CHIP (Rider 220 Part d), and a final comprehensive report inclusive of the results of all of the above. The Rider 219 review will be addressed and included in the final comprehensive report, as well as a separate report specifically to address Rider 219.

Health and Human Services Commission's Sole Point-Of-Contact for Project Quote Request

April Elyabouri, CTCM

Health and Human Services Commission

Contract Administration and Provider Monitoring

4900 Lamar Blvd, H340

Austin, Texas 78751

(512) 424-6948

April.Elyabouri@hhsc.state.tx.us

All proposals must be received at the above-referenced address on or before 3:00 PM Central Time on December 27, 2017. Proposals received after this time and date will not be considered.

All proposals will be subject to evaluation based on the criteria and procedures set forth in the Project Quote Request for Proposals. HHSC reserves the right to accept or reject any or all proposals submitted. HHSC is under no legal or other obligation to execute any contracts on the basis of this notice. HHSC will not pay for costs incurred by any entity in responding to this Project Quote Request for Proposals.

TRD-201704690

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: November 17, 2017


Public Notice - Methodology for Determining Caseload Reduction Credit for the Temporary Assistance for Needy Families Program for Federal Fiscal Year 2018

The Texas Health and Human Services Commission (HHSC) announces its intent to seek comments from the public on its estimate and methodology for determining the Temporary Assistance for Needy Families (TANF) Program caseload reduction credit for Federal Fiscal Year (FFY) 2018. HHSC will base the methodology on caseload reduction occurring from FFY 2005 to FFY 2017. This methodology and the resulting estimated caseload reduction credit will be submitted for approval to the United States Department of Health and Human Services, Administration for Children and Families.

Section 407(b)(3) of the Social Security Act provides for a TANF caseload reduction credit, which gives a state credit for reducing its TANF caseload between a base year and a comparison year. To receive the credit, a state must complete and submit a report that, among other things, describes the methodology and the supporting data that the state used to calculate its caseload reduction estimates. See 45 C.F.R. §261.41(b)(5). Prior to submitting the report, the state must provide the public with an opportunity to comment on the estimate and methodology. See id. §261.41(b)(6).

As the state agency that administers the TANF program in Texas, HHSC believes it is eligible for a caseload reduction credit and has developed the requisite estimate and methodology. HHSC hereby notifies the public of the opportunity to submit comments.

HHSC will post the methodology and the estimated caseload reduction credit on the HHSC website at https://hhs.texas.gov/about-hhs/records-statistics/data-statistics/temporary-assistance-needy-families-tanf-statistics by December 1, 2017. The public comment period begins December 1, 2017, and ends December 15, 2017.

Written Comments. Written comments may be sent by U.S. mail, overnight mail, special delivery mail, hand delivery, fax, or email:

U.S. Mail

Texas Health and Human Services Commission

Attention: Hilary Davis

P.O. Box 149030

MC 2115

Austin, Texas 78714-9030

Overnight mail, special delivery mail, or hand delivery

Texas Health and Human Services Commission

Attention: Hilary Davis

909 W. 45th Street

Bldg. 2, MC 2115

Austin, Texas 78751

Phone number for package delivery: (512) 206-5252

Fax

Attention: Policy Strategy, Analysis, and Development, Hilary Davis

Fax Number: (512) 206-5141

Email

Hilary.Davis@hhsc.state.tx.us

TRD-201704691

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: November 17, 2017


North Central Texas Council of Governments

Request for Proposals for DART Red and Blue Line Corridors Last Mile Connections

The North Central Texas Council of Governments (NCTCOG) is requesting consultant services to develop engineering analyses, recommendations, and opinions of probable cost for bicycle and pedestrian improvements on prioritized routes leading to select Dallas Area Rapid Transit (DART) Red and Blue Line stations. The consultant will also provide recommendations and opinions of probable costs for possible improvements on the select DART station properties that will improve pedestrian and bicycle accessibility and circulation.

Proposals must be received no later than 5:00 p.m. Central Time, on Friday, January 5, 2018, to Kevin Kokes, Principal Transportation Planner, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011. Copies of the Request for Proposal will be available at www.nctcog.org/rfp by the close of business on Friday, December 1, 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-201704675

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: November 16, 2017


Public Utility Commission of Texas

Notice of Application to Amend a Water Certificate of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) on November 14, 2017, of an application to amend a water certificate of convenience and necessity in Henderson County.

Docket Style and Number: Application of Bethel-Ash Water Supply Corporation to Amend a Water Certificate of Convenience and Necessity in Henderson County, Docket Number 47776.

The Application: Bethel-Ash Water Supply Corporation filed an application to amend water certificate of convenience and necessity number 10821 in Henderson County.

Persons wishing to intervene or comment on the action sought should contact 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. A deadline for intervention in this proceeding will be established. 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 47776.

TRD-201704599

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: November 15, 2017


Texas Department of Transportation

Public Notice - Aviation

Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.

For information regarding actions and times for aviation public hearings, please go to the following website:

www.txdot.gov/inside-txdot/get-involved/about/hearings-meetings.html

Or visit www.txdot.gov, and under How Do I, choose Find Hearings and Meetings, then choose Hearings and Meetings, and then choose Schedule.

Or contact Texas Department of Transportation, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4500 or (800) 68-PILOT.

TRD-201704596

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: November 15, 2017