IN ADDITION

Office of the Attorney General

Texas Water Code and Texas Health and Safety Code Settlement Notice

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Water Code and the Texas Health & Safety Code. Before the State may settle a judicial enforcement action under the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Texas Water Code and the Texas Health & Safety Code.

Case Title and Court: State of Texas v. Julio S. Alonso and Maria I. Alonso d/b/a A-1 Metal Finishing & Polishing, Cause No. D-1-GV-13-000630, in the 201st Judicial District Court, Travis County, Texas.

Nature of Defendants Operations: Defendants Julio and Maria Alonso owned and operated a metal plating facility, known as A-1 Metal Finishing & Polishing, located at 4206 Lonesome Trail, Von Ormy, Bexar County, Texas 78073 (the "Facility"). In late 2007, the TCEQ investigated the Facility and adjacent areas. TCEQ sampled and tested waste found in unlabeled/uncovered containers. The waste exhibited toxicity characteristic of chromium. Samples taken from an open septic system at the Facility showed elevated concentrations of mercury. Discharges were noted to the ground adjacent to the Facility. The analyzed soil samples showed elevated concentrations of chromium, nickel, and zinc. In 2010, the Defendants entered into an agreed administrative order with the TCEQ. Subsequent investigations revealed Defendants did not comply with the corrective actions required by the administrative order and failed to pay the administrative penalty.

Proposed Agreed Judgment: The Agreed Final Judgment includes a permanent injunction requiring Defendants to remove and properly dispose of all waste from the Facility, conduct an affected property assessment and perform any remediation required by the assessment. Defendants agree to pay civil penalties to the State in the amount of $12,000.00 and unpaid administrative penalties of $3,883.02. The Defendants will pay attorney's fees to the State of Texas in the amount of $4,000.00.

For a complete description, the Agreed Final Judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement, should be directed to David A. Terry, Assistant Attorney General, Office of the Attorney General of Texas, P.O. Box 12548 (MC-066), Austin, Texas 78711-2548, (512) 463-2012, fax (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

TRD-201704991

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: December 7, 2017


Comptroller of Public Accounts

Certification of the Average Closing Price of Gas and Oil

The Comptroller of Public Accounts, administering agency for the collection of the Oil Production Tax, has determined, as required by Tax Code, §202.058, that the average taxable price of oil for reporting period November 2017 is $37.32 per barrel for the three-month period beginning on August 1, 2017, and ending October 31, 2017. Therefore, pursuant to Tax Code, §202.058, oil produced during the month of November 2017, from a qualified low-producing oil lease, is not eligible for a credit on the oil production tax imposed by Tax Code, Chapter 202.

The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined, as required by Tax Code, §201.059, that the average taxable price of gas for reporting period November 2017 is $2.22 per mcf for the three-month period beginning on August 1, 2017, and ending October 31, 2017. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of November 2017, from a qualified low-producing well, is eligible for a 100% credit on the natural gas production tax imposed by Tax Code, Chapter 201.

The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of West Texas Intermediate crude oil for the month of November 2017 is $56.54 per barrel. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall not exclude total revenue received from oil produced during the month of November 2017, from a qualified low-producing oil well.

The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of gas for the month of November 2017 is $3.06 per MMBtu. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall exclude total revenue received from gas produced during the month of November 2017, from a qualified low-producing gas well.

Inquiries should be submitted to Teresa G. Bostick, Director, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.

TRD-201705046

Don Neal

Chief Deputy General Counsel

Comptroller of Public Accounts

Filed: December 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 12/18/17 - 12/24/17 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 12/18/17 - 12/24/17 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-201705083

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: December 12, 2017


Texas Education Agency

Request for Proficiency Tests for the Assessment of English Learners

Description. The Texas Education Agency (TEA) is notifying assessment publishers that proficiency assessments and/or achievement tests may be submitted for review for the List of State Approved Tests for the Assessment of English Learners. Texas Education Code (TEC), §29.056(a)(2), authorizes the TEA to compile a list of approved assessments for the purposes of identifying students as English language learners for entry into or exit from (when appropriate) bilingual education and/or English as a second language (ESL) programs; annually assessing oral language proficiency in English and Spanish when required; and measuring reading and writing proficiency in English and Spanish for program placement. The state-approved tests placed on the list must be based on scientific research and must measure oral language proficiency in listening and speaking in English and Spanish from Prekindergarten (PK)-Grade 12. Assessments must also measure reading and writing in English and Spanish from PK-Grade 12.

Norm-referenced standardized achievement tests in English will be used for identification and entry into programs and for exit from programs for Grades 1 and 2 and may be used as formative assessments.

Norm-referenced standardized achievement tests in Spanish may be used for placement or language development purposes only. All tests to be included on the List of State Approved Tests for the Assessment of English Learners must be re-normed at least every eight years to meet the criteria specified in the TEC, §39.032, which requires that standardization norms not be more than eight years old at the time the test is administered. Only new assessments, newly normed assessments, and/or modified/updated assessments must be submitted for evaluation at this time.

The Assessment Committee, comprised of stakeholders from throughout the state, will review and approve the 2018-2019 List of State Approved Tests for the Assessment of English Learners.

Selection Criteria. Assessment publishers will be responsible for submitting tests that they wish to be reviewed for consideration for inclusion on the 2018-2019 List of State Approved Tests for the Assessment of English Learners. All tests submitted for review must be based on scientific research and must measure oral language proficiency in listening and speaking in English and Spanish from PK-Grade 12. Assessments must measure reading and writing in English and Spanish from PK-Grade 12 and must meet the state criteria for reliability and validity. Therefore, technical manuals must also be submitted and must be available for the review of assessments to be held on Friday, January 26, 2018. Assessments must also measure specific proficiency levels in oral language, reading, and writing in English and Spanish. Assessment instruments (English and Spanish) submitted for review will be grouped in the following categories: (1) Oral Language Proficiency Tests in English in Listening and Speaking domains; (2) Oral Language Proficiency Tests in Spanish in Listening and Speaking domains; (3) Reading and Writing Proficiency in English; and (4) Reading and Writing Proficiency in Spanish. Publishers are not required to submit proposals for all categories.

Proposals must be submitted and presented on Friday, January 26, 2018, to be considered for inclusion on the 2018-2019 List of State Approved Tests for the Assessment of English Learners. Assessment publishers will be required to attend the review of the assessments on Friday, January 26, 2018, which will be held at the William B. Travis Building, Room 1-104, 1701 North Congress Avenue, Austin, Texas. Complete official sample test copies in English and Spanish with comprehensive explanations, including (1) scoring information; (2) norming data information, including ethnicity, gender, grade level, and geographic region; and (3) technical manuals with validity and reliability information, must be presented at that time. Only materials presented on Friday, January 26, 2018, will be considered for approval. Publishers must be available all day at the request of the committee and must make arrangements to pick up all materials at the end of the day. Any materials and/or revisions submitted after the deadline cannot be reviewed until the following year.

Further Information. For clarifying information, contact Susie Coultress, State Director of Bilingual/ESL/Title III, Texas Education Agency, (512) 463-9414.

TRD-201705109

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: December 13, 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 22, 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 22, 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: AMAN 2003 ENTERPRISE CORPORATION dba Pic N Go; DOCKET NUMBER: 2017-1065-PST-E; IDENTIFIER: RN102428505; LOCATION: Garland, Dallas 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: $3,000; ENFORCEMENT COORDINATOR: Jonathan Nguyen, (512) 239-1661; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Aqua Development, Incorporated; DOCKET NUMBER: 2017-1159-PWS-E; IDENTIFIER: RN102676822; LOCATION: Weatherford, Parker County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(e)(2), (h), and (i)(3) and 40 Code of Federal Regulations (CFR) §141.87 and §141.90(a), by failing to conduct water quality parameter sampling at the facility's entry point and the required distribution sample site for the July 1, 2016 - December 31, 2016, monitoring period following the January 1, 2016 - June 30, 2016, monitoring period during which the copper action level was exceeded, have the samples analyzed, and report the results to the executive director (ED); 30 TAC §290.117(d)(2)(A), (h), and (i)(2) and 40 CFR §141.88 and §141.90(b), by failing to collect one lead and copper sample from the facility's entry point no later than 180 days following the end of the January 1, 2016 - June 30, 2016, monitoring period during which the copper action level was exceeded, have the samples analyzed, and report the results to the ED; 30 TAC §290.117(f)(3)(A) and 40 CFR §§141.81(e)(1), 141.82(a), and 141.90(c)(2), by failing to submit a recommendation to the ED for optimal corrosion control treatment within six months following the end of the January 1, 2016 - June 30, 2016, monitoring period during which the copper action level was exceeded; and 30 TAC §290.117(g)(2)(A) and 40 CFR §141.83 and §141.90(d)(1), by failing to submit a recommendation to the ED for source water treatment within 180 days following the end of the January 1, 2016 - June 30, 2016, monitoring period during which the copper action level was exceeded; PENALTY: $1,035; ENFORCEMENT COORDINATOR: Sarah Kim, (512) 239-4728; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Aqua Utilities, Incorporated; DOCKET NUMBER: 2017-0895-PWS-E; IDENTIFIER: RN102684040; LOCATION: Needville, Fort Bend County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(m)(4), by failing to maintain all water treatment units, storage and pressure maintenance facilities, distribution system lines, and related appurtenances in a watertight condition and free of excessive solids; 30 TAC §290.46(f)(2) and (3)(D)(ii), by failing to maintain water works operation and maintenance records and make them available for review to the executive director during the investigation; and 30 TAC §290.42(l), by failing to maintain a thorough and up-to-date plant operations manual for operator review and reference; PENALTY: $800; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(4) COMPANY: City of Alvord; DOCKET NUMBER: 2017-0990-PWS-E; IDENTIFIER: RN101384063; LOCATION: Alvord, Wise County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.108(f)(1) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to comply with the maximum contaminant level (MCL) of 15 picoCuries per liter for gross alpha particle activity, based on the running annual average; and 30 TAC §290.108(f)(1) and THSC, §341.0315(c), by failing to comply with the MCL of 30 micrograms per liter for combined uranium, based on the running annual average; PENALTY: $345; ENFORCEMENT COORDINATOR: Ronica Rodriguez, (512) 239-2601; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: City of La Joya; DOCKET NUMBER: 2017-0145-MLM-E; IDENTIFIER: RN109523415; LOCATION: La Joya, Hidalgo County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) disposal site; RULES VIOLATED: 30 TAC §330.15(a) and (c), by failing to cause, suffer, allow, or permit the unauthorized disposal of MSW; and 30 TAC §111.201 and Texas Health and Safety Code, §382.085(b), by failing to cause, suffer, allow, or permit outdoor burning within the State of Texas; PENALTY: $15,000; Supplemental Environmental Project offset amount of $12,000; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(6) COMPANY: Clovercreek Municipal Utility District; DOCKET NUMBER: 2017-0872-MWD-E; IDENTIFIER: RN102844172; LOCATION: Houston, Montgomery County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0014907001, Interim I Effluent Limitations and Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $21,000; Supplemental Environmental Project offset amount of $21,000; ENFORCEMENT COORDINATOR: Caleb Olson, (512) 239-2541; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(7) COMPANY: CLUBCORP NV V, LLC dba Prestonwood Golf Club Hills; DOCKET NUMBER: 2017-1031-PST-E; IDENTIFIER: RN101444826; LOCATION: Plano, Denton County; TYPE OF FACILITY: fleet refueling facility; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (2) 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 by failing to provide release detection for the suction piping associated with the UST system; PENALTY: $4,640; ENFORCEMENT COORDINATOR: Steven Van Landingham, (512) 239-5717; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: CULP AND SON, LIMITED; DOCKET NUMBER: 2017-0839-EAQ-E; IDENTIFIER: RN105665319; LOCATION: Florence, Williamson County; TYPE OF FACILITY: aggregate production operation; RULES VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an Edwards Aquifer Protection Plan prior to commencing a regulated activity over the Edwards Aquifer Recharge Zone; PENALTY: $37,500; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547; REGIONAL OFFICE: 12100 Park 35 Circle, Austin, Texas 78753, (512) 339-2929.

(9) COMPANY: Diana Palacios; DOCKET NUMBER: 2017-0605-PST-E; IDENTIFIER: RN101804565; LOCATION: Crystal City, Zavala County; TYPE OF FACILITY: out of service underground storage tank (UST); RULES VIOLATED: 30 TAC §334.7(d)(1)(A), (1)(B), and (3), 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; and 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, a UST system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $9,187; ENFORCEMENT COORDINATOR: Carlos Molina, (512) 239-2557; REGIONAL OFFICE: 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6111.

(10) COMPANY: EnLink Midstream Services, LLC; DOCKET NUMBER: 2017-0070-AIR-E; IDENTIFIER: RN100223619; LOCATION: Bridgeport, Wise County; TYPE OF FACILITY: a natural gas processing plant; RULES VIOLATED: 30 TAC §§101.20(3), 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 O910, Special Terms and Conditions Number 7, and New Source Review Permit Numbers 16926 and PSDTX686M1, Special Conditions Number 1, by failing to comply with the maximum allowable emissions rates; and 30 TAC §122.143(4) and §122.145(2)(A), THSC, §382.085(b), and FOP Number O910, General Terms and Conditions, by failing to report all instances of deviations; PENALTY: $17,063; ENFORCEMENT COORDINATOR: Jo Hunsberger, (512) 239-1274; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: EPP-Texas Acquisition, LLC dba Texas Mini Mart; DOCKET NUMBER: 2016-1852-PST-E; IDENTIFIER: RN102387263; LOCATION: Hurst, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the underground storage tank system; PENALTY: $7,625; ENFORCEMENT COORDINATOR: Stephanie McCurley, (512) 239-2607; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: FEATHERLAND EGG FARMS, INCORPORATED; DOCKET NUMBER: 2017-0858-AGR-E; IDENTIFIER: RN100851948; LOCATION: Marion, Guadalupe County; TYPE OF FACILITY: large dry litter poultry operation; RULES VIOLATED: 30 TAC §321.33(a) and (f) and TWC, §26.121(a)(1), by failing to obtain authorization for a concentrated animal feeding operation (CAFO); and TWC, §26.121(a)(1), by failing to prevent the unauthorized discharge of wastewater from a CAFO into or adjacent to any water in the state; PENALTY: $5,313; Supplemental Environmental Project offset amount of $2,125; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(13) COMPANY: Greenville Electric Utility System; DOCKET NUMBER: 2017-1314-AIR-E; IDENTIFIER: RN100223023; LOCATION: Greenville, Hunt County; TYPE OF FACILITY: power plant; RULES VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), Federal Operating Permit (FOP) Number O1, Special Terms and Conditions Number 7, New Source Review Permit Number 3706, Special Conditions Numbers 1 and 5.B, and Texas Health and Safety Code (THSC), §382.085(b), by failing to comply with the permitted hourly maximum allowable emissions rate and the permitted natural gas firing rate limit; and 30 TAC §122.143(4) and §122.145(2)(C), FOP Number O1, General Terms and Conditions, and THSC, §382.085(b), by failing to submit deviations reports no later than 30 days after the end of the reporting periods; PENALTY: $14,775; ENFORCEMENT COORDINATOR: David Carney, (512) 239-2583; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: HDU Services, L.L.C. dba Birch Creek Village Water; DOCKET NUMBER: 2016-0240-PWS-E; IDENTIFIER: RN101191708; LOCATION: Lyons, Burleson County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 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; and 30 TAC §290.51(a)(6) and TWC, §5.702, by failing to pay annual public health service fees and/or any associated late fees for TCEQ Financial Administration Account Number 90260042 for Fiscal Years 2009 - 2016; PENALTY: $232; ENFORCEMENT COORDINATOR: Raime Hayes-Falero, (713) 767-3567; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(15) COMPANY: Ingram Readymix Number 87, L.L.C.; DOCKET NUMBER: 2017-1223-WQ-E; IDENTIFIER: RN101985398; LOCATION: Del Rio, Val Verde County; TYPE OF FACILITY: mineral mining; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to maintain authorization to discharge stormwater associated with industrial activities; PENALTY: $12,500; ENFORCEMENT COORDINATOR: Farhaud Abbaszadeh, (512) 239-0779; REGIONAL OFFICE: 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(16) COMPANY: Jacinta Lucio De Tavarez; DOCKET NUMBER: 2017-1283-PST-E; IDENTIFIER: RN102021912; LOCATION: Bryan, Brazos County; TYPE OF FACILITY: out of service underground storage tank (UST); RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, a UST system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $3,563; ENFORCEMENT COORDINATOR: Carlos Molina, (512) 239-2557; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(17) COMPANY: Jayesh A. Patel dba One Stop; DOCKET NUMBER: 2017-0720-PST-E; IDENTIFIER: RN102848520; LOCATION: Lubbock, Lubbock 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 (USTs) for releases at a frequency of at least once every month; 30 TAC §334.602(a), by failing to designate, train, and certify at least one named individual for each class of operator - Class A, Class B, and Class C for the facility; 30 TAC §334.49(c)(2)(C) and TWC, §26.3475(d), by failing to inspect the impressed current cathodic protection system at least once every 60 days to ensure that the rectifier and other system components are operating properly; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a non-removable point in the immediate area of the fill tube for each regulated UST at the facility according to the UST registration and self-certification form; 30 TAC §334.10(b)(1)(B) and §334.48(g), by failing to maintain the required UST records and make them immediately available for inspection upon request by agency personnel; 30 TAC §334.51(b)(2)(C) and TWC, §26.3475(c)(2), by failing to equip each tank with a valve or other appropriate device designed to automatically shut off the flow of regulated substances into the tank when the liquid reaches a preset level no higher than 95% capacity; PENALTY: $10,593; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(18) COMPANY: J-Country Bar, LLC; DOCKET NUMBER: 2017-1371-PWS-E; IDENTIFIER: RN104375100; LOCATION: Victoria, Victoria County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(d)(2)(A) and §290.110(b)(4) and Texas Health and Safety Code, §341.0315(c), by failing to maintain a minimum disinfectant residual of 0.2 milligrams per liter free chlorine throughout the distribution system at all times; PENALTY: $150; ENFORCEMENT COORDINATOR: Sarah Kim, (512) 239-4728; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(19) COMPANY: Landers Precast Concrete, LLC; DOCKET NUMBER: 2017-1224-WQ-E; IDENTIFIER: RN109225029; LOCATION: San Angelo, Tom Green County; TYPE OF FACILITY: concrete products plant; RULES VIOLATED: 30 TAC §205.4(a)(5) and TWC, §26.040(e) and §26.121(a)(1), by failing to maintain authorization to discharge wastewater and stormwater from industrial activities associated with a concrete products plant under Texas Pollutant Discharge Elimination System General Permit Number TXG110000; PENALTY: $7,875; ENFORCEMENT COORDINATOR: Claudia Corrales, (432) 620-6138; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(20) COMPANY: Oakmont Georgetown, LLC; DOCKET NUMBER: 2017-0992-EAQ-E; IDENTIFIER: RN109771840; LOCATION: Georgetown, Williamson County; TYPE OF FACILITY: residential property; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an Edwards Aquifer Protection Plan prior to commencing a regulated activity over the Edwards Aquifer Recharge Zone; PENALTY: $5,625; ENFORCEMENT COORDINATOR: Larry Butler, (512) 239-2543; REGIONAL OFFICE: 12100 Park 35 Circle, Austin, Texas 78753, (512) 329-2929.

(21) COMPANY: Oxy Vinyls, LP; DOCKET NUMBER: 2017-1049-AIR-E; IDENTIFIER: RN100706803; LOCATION: Deer Park, Harris County; TYPE OF FACILITY: vinyl chloride monomer production plant; RULES VIOLATED: 30 TAC §116.115(c) and §122.143(4), Federal Operating Permit Number O1369, Special Terms and Conditions Number 24, New Source Review Permit Number 4943B, Special Conditions Number 1, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $4,425; Supplemental Environmental Project offset amount of $1,770; ENFORCEMENT COORDINATOR: David Carney, (512) 239-2583; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(22) COMPANY: PULTE HOMES OF TEXAS, L.P.; DOCKET NUMBER: 2017-0863-WQ-E; IDENTIFIER: RN107941320; LOCATION: Conroe, Montgomery County; TYPE OF FACILITY: residential home construction; RULES VIOLATED: TWC, §26.121(a)(2), 30 TAC §307.4(b)(4), and Texas Pollutant Discharge Elimination System General Permit Number TXR150015340, Part II, Section C.2, Part III, Section F.4(e), and Part VII, Numbers 1 and 8, by failing to prevent the discharge of water not associated with stormwater and failing to take all reasonable steps to minimize or prevent any discharge that has a reasonable likelihood of adversely affecting human health or the environment; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Farhaud Abbaszadeh, (512) 239-0779; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(23) COMPANY: Shell Oil Company; DOCKET NUMBER: 2016-1439-AIR-E; IDENTIFIER: RN100211879; LOCATION: Deer Park, Harris County; TYPE OF FACILITY: petroleum refining plant; RULES VIOLATED: 30 TAC §101.20(1) and §122.143(4), 40 Code of Federal Regulations §60.104(a)(1), Federal Operating Permit (FOP) Number O1669, Special Terms and Conditions (STC) Number 1.A, and Texas Health and Safety Code (THSC), §382.085(b), by failing to comply with hydrogen sulfide concentration limits; 30 TAC §§101.20(3), 116.115(c), and 122.143(4), FOP Number O1669, STC Number 23, New Source Review Permit Numbers 22038 and PSDTX815, Special Conditions Number 22, and THSC, §382.085(b), by failing to comply with the nitrogen oxides concentration limit; and 30 TAC §122.143(4) and §122.145(2)(A), FOP Number O1669, General Terms and Conditions, and THSC, §382.085(b), by failing to report all instances of deviations; PENALTY: $54,001; Supplemental Environmental Project offset amount of $27,000; ENFORCEMENT COORDINATOR: Raime Hayes-Falero, (713) 767-3567; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(24) COMPANY: TORRES READY-MIX, INCORPORATED; DOCKET NUMBER: 2017-1335-WQ-E; IDENTIFIER: RN109134015; LOCATION: La Pryor, Zavala County; TYPE OF FACILITY: aggregate production operation; 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: $938; ENFORCEMENT COORDINATOR: Claudia Corrales, (432) 620-6138; REGIONAL OFFICE: 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(25) COMPANY: TPC Group LLC; DOCKET NUMBER: 2017-0911-AIR-E; IDENTIFIER: RN104964267; LOCATION: Port Neches, Jefferson County; TYPE OF FACILITY: petrochemical manufacturing plant; RULES VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), Federal Operating Permit Number O1327, Special Terms and Conditions Number 20, New Source Review Permit Number 20485, Special Conditions Number 1, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $7,500; Supplemental Environmental Project offset amount of $3,000; ENFORCEMENT COORDINATOR: Raime Hayes-Falero, (713) 767-3567; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

TRD-201705075

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: December 12, 2017


Amended Notice of Hearing

(To change hearing date.)

DAEDELUS CORPORATION

SOAH Docket No. 582-17-5686

TCEQ Docket No. 2017-0743-MWD

Permit No. WQ0015482001

APPLICATION.

Daedelus Corporation, 7160 Dallas Parkway, Suite 250, Plano, Texas 75024, has applied to the Texas Commission on Environmental Quality (TCEQ) for new Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0015482001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. TCEQ received this application on May 24, 2016.

The facility will be located approximately 1.0 mile south-southeast of the intersection of County Road 1641 and County Road 148, in Kaufman County, Texas 75160. The treated effluent will be discharged to a ditch; thence to Big Brushy Creek; thence to Kings Creek; thence to Cedar Creek Reservoir in Segment No. 0818 of the Trinity River Basin. The unclassified receiving water uses are minimal aquatic life use for the ditch and high aquatic life use for Big Brushy Creek. The designated uses for Segment No. 0818 are high aquatic life use, public water supply, and primary contact recreation. In accordance with Title 30 of the Texas Administrative Code (TAC) Section 307.5 and the TCEQ Procedures for the Implementation of the Texas Surface Water Quality Standards (June 2010), an antidegradation review of the receiving waters was performed. A Tier 1 antidegradation review has preliminarily determined that existing water quality uses will not be impaired by this permit action. Numerical and narrative criteria to protect existing uses will be maintained. A Tier 2 review has preliminarily determined that no significant degradation of water quality is expected in Big Brushy Creek, which has been identified as having high aquatic life use. Existing uses will be maintained and protected. The preliminary determination can be reexamined and may be modified if new information is received.

The TCEQ Executive Director has prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, Executive Director's preliminary decision, and draft permit are available for viewing and copying at the Talty Town Office, 9550 Helms Trail, Suite 500, Forney, Texas. As a public courtesy, we have provided the following Web page to an online map of the site or the facility's general location. The online map is not part of the application or the notice: http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=32.676944&lng=-96.3725&zoom=13&type=r. For the exact location, refer to the application.

CONTESTED CASE HEARING.

The State Office of Administrative Hearings (SOAH) will conduct a formal contested case hearing at:

10:00 a.m. - January 23, 2018

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The contested case hearing will be a legal proceeding similar to a civil trial in state district court. The hearing will address the disputed issues of fact identified in the TCEQ order concerning this application issued on July 31, 2017. In addition to these issues, the judge may consider additional issues if certain factors are met.

The hearing will be conducted in accordance with Chapter 2001, Texas Government Code; Chapter 26, Texas Water Code; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155. The hearing will be held unless all timely hearing requests have been withdrawn or denied.

To request to be a party, you must attend the hearing and show you would be adversely affected by the application in a way not common to members of the general public. Any person may attend the hearing and request to be a party. Only persons named as parties may participate at the hearing.

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."

INFORMATION.

If you need more information about the hearing process for this application, please call the Public Education Program, toll free, at (800) 687 4040. General information about the TCEQ can be found at our web site at http://www.tceq.texas.gov/.

Further information may also be obtained from Daedelus Corporation at the address stated above or by calling Mr. Leon Bradshaw, Vice President, at (214) 744-5000.

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

TRD-201705132

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 13, 2017


Enforcement Orders

An agreed order was adopted regarding City of Throckmorton, Docket No. 2015-1740-MWD-E on December 13, 2017, assessing $18,975 in administrative penalties with $18,975 deferred. Information concerning any aspect of this order may be obtained by contacting Alejandro Laje, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A order was adopted regarding Texas Architectural Aggregate, Inc., Docket No. 2015-1825-WQ-E on December 13, 2017, assessing $4,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jess Robinson, 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 Oci Beaumont LLC, Docket No. 2016-0031-AIR-E on December 13, 2017, assessing $9,525 in administrative penalties with $1,905 deferred. Information concerning any aspect of this order may be obtained by contacting Carol McGrath, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Pearsall, Docket No. 2016-0835-MLM-E on December 13, 2017, assessing $61,739 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Larry Butler, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Gulfwest Waste Solutions, LLC, Docket No. 2016-0924-AIR-E on December 13, 2017, assessing $18,450 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Shelby Orme, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was adopted regarding Silvia Arenales dba 4 Brothers Enterprises, Docket No. 2016-1026-MSW-E on December 13, 2017, assessing $3,812 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Amanda Patel, 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 Blue Ridge West Municipal Utility District, Docket No. 2016-1199-PWS-E on December 13, 2017, assessing $345 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting James Fisher, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Texas Land Reclamation, LLC dba UTW Transportation, Docket No. 2016-1567-MSW-E on December 13, 2017, assessing $19,688 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Audrey Liter, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was adopted regarding B.v.s. Construction, Inc., Docket No. 2016-1690-MLM-E on December 13, 2017, assessing $6,561 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ryan Rutledge, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default and shutdown order was adopted regarding Root Fuel, LLC dba Root Fuel Wallisville, Docket No. 2016-1720-PST-E on December 13, 2017, assessing $14,056 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jess Robinson, 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 City of Canadian, Docket No. 2016-1904-MWD-E on December 13, 2017, assessing $30,875 in administrative penalties with $6,175 deferred. Information concerning any aspect of this order may be obtained by contacting Claudia Corrales, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was adopted regarding Texas Rain Holding Company, Inc., Docket No. 2016-2042-MWD-E on December 13, 2017, assessing $24,850 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Lena Roberts, 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 City of Alba, Docket No. 2016-2054-MWD-E on December 13, 2017, assessing $65,812 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Farhaud Abbaszadeh, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.An agreed order was adopted regarding Old Alton Estates Home Owners Association, Docket No. 2016-2140-PWS-E on December 13, 2017, assessing $821 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ryan Byer, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default and shutdown order was adopted regarding Sahad Investments, Inc. dba Riverside Market, Docket No. 2017-0071-PST-E on December 13, 2017, assessing $4,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ryan Rutledge, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was adopted regarding Fazio Family Investments, Inc. dba Kid Korral, Docket No. 2017-0096-PWS-E on December 13, 2017, assessing $4,266 in administrative penalties with $4,266 deferred. Information concerning any aspect of this order may be obtained by contacting Lena Roberts, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was adopted regarding Ann Kim Nguyen dba Journeys Cleaners, Docket No. 2017-0129-MLM-E on December 13, 2017, assessing $14,899 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ryan Rutledge, 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 Cowtown Gas Processing Partners L.P., Docket No. 2017-0232-AIR-E on December 13, 2017, assessing $8,551 in administrative penalties with $1,710 deferred. Information concerning any aspect of this order may be obtained by contacting Carol McGrath, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Jameson Place, L.P., Docket No. 2017-0403-PWS-E on December 13, 2017, assessing $405 in administrative penalties with $405 deferred. Information concerning any aspect of this order may be obtained by contacting Carol McGrath, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Harker Heights, Docket No. 2017-0424-MWD-E on December 13, 2017, assessing $9,375 in administrative penalties with $9,375 deferred. Information concerning any aspect of this order may be obtained by contacting Elizabeth Carroll Harkrider, 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 Fort Worth Transportation Authority, Docket No. 2017-0434-PST-E on December 13, 2017, assessing $16,125 in administrative penalties with $3,225 deferred. Information concerning any aspect of this order may be obtained by contacting Keith Frank, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Sam Lim, Inc. dba J & J Quickstop, Docket No. 2017-0435-PST-E on December 13, 2017 assessing $11,475 in administrative penalties with $2,295 deferred. Information concerning any aspect of this order may be obtained by contacting James Baldwin, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Alton, Docket No. 2017-0472-MSW-E on December 13, 2017 assessing $12,000 in administrative penalties with $2,400 deferred. Information concerning any aspect of this order may be obtained by contacting Jonathan Nguyen, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Zrprasla Inc. dba Friendly Food Mart, Docket No. 2017-0513-PST-E on December 13, 2017 assessing $33,850 in administrative penalties with $6,770 deferred. Information concerning any aspect of this order may be obtained by contacting Ken Moller, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-201705127

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 13, 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 148826

APPLICATION. Silva Industries LLC, 550 Leissner School Road, Seguin, Texas 78155-1795 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 148826 to authorize the operation of a concrete batch plant. The facility is proposed to be located at 1100 Sweet Home Road, Seguin, Guadalupe County, Texas 78155. 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=29.48986&lng=-98.04691&zoom=13&type=r. This application was submitted to the TCEQ on October 2, 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 November 7, 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. Please be aware that any contact information you provide, including your name, phone number, email address and physical address will become part of the agency's public record.

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:

Monday, January 8, 2018, at 6:00 p.m.

Holiday Inn Express & Suites Seguin

2801 Jay Road

Seguin, Texas 78155

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 San Antonio Regional Office, located at 14250 Judson Rd, San Antonio, Texas 78233-4480, 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 Silva Industries, LLC, 550 Leissner School Road, Seguin, Texas 78155-1795, or by calling Mr. Fernando Silva Jr., Owner Operator at (210) 363-2183.

Notice Issuance Date: November 29, 2017

TRD-201704985

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 6, 2017


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of City of Wolfforth

SOAH Docket No. 582-18-1143

TCEQ Docket No. 2016-1395-PWS-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. - January 11, 2018

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 September 7, 2017 concerning assessing administrative penalties against and requiring certain actions of the City of Wolfforth, for violations in Lubbock County, Texas, of: Tex. Health & Safety Code §341.0315(c) and §341.0351 and 30 Tex. Admin. Code §§290.39(h)(1) and (j), 290.41(c)(3)(K), 290.42(e)(3), 290.43(c)(3) and (c)(4), 290.44(h)(4), 290.46(d)(2)(A), (f)(2), (f)(3)(B)(iv), (n)(1), (n)(3), (s)(1), and (u), and 290.110(b)(4).

The hearing will allow the City of Wolfforth, 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 the City of Wolfforth, 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 the City of Wolfforth 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. The City of Wolfforth, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.

Legal Authority: Tex. Health & Safety Code ch. 341 and 30 Tex. Admin. Code chs. 70 and 290; 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 Ryan Rutledge, 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.

Issued: December 11, 2017

TRD-201705135

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 13, 2017


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of Derby 581 Land Company, LLC

SOAH Docket No. 582-18-1142

TCEQ Docket No. 2017-1003-MSW-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. - January 4, 2018

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 September 12, 2017 concerning assessing administrative penalties against and requiring certain actions of Derby 581 Land Company, LLC, for violations in Frio County, Texas, of: 30 Texas Admin. Code §330.15(a) and (c).

The hearing will allow Derby 581 Land Company, LLC, 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 Derby 581 Land Company, LLC, 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 Derby 581 Land Company, LLC 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. Derby 581 Land Company, LLC, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.

Legal Authority: Texas Water Code §7.054 and ch. 7, Texas Health & Safety Code ch. 361, and 30 Texas Admin. Code chs. 70 and 330; Texas 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 Texas Admin. Code §70.108 and §70.109 and ch. 80, and 1 Texas Admin. Code ch. 155.

Further information regarding this hearing may be obtained by contacting Clayton Smith, 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 Texas 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.

Issued: December 4, 2017

TRD-201704986

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 6, 2017


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of Oxy USA WTP LP

SOAH Docket No. 582-18-1255

TCEQ Docket No. 2016-2134-AIR-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. - January 11, 2018

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 July 24, 2017, concerning assessing administrative penalties against and requiring certain actions of Oxy USA WTP LP, for violations in Kent County, Texas, of: Texas Health & Safety Code §382.085(b), 30 Texas Administrative Code §§101.20(3), 116.115(c), and 122.143(4), Federal Operating Permit No. O550, Special Terms and Conditions No. 6, and New Source Review Permit Nos. 20660 and PSDTX795M2, Special Condition No. 1.

The hearing will allow Oxy USA WTP LP, 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 Oxy USA WTP LP, 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 Oxy USA WTP LP 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. Oxy USA WTP LP, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.

Legal Authority: Texas Water Code §7.054 and Texas Water Code ch. 7, Texas Health & Safety Code ch. 382, and 30 Texas Administrative Code chs. 70, 101, 116, and 122; Texas 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 Texas Administrative Code §70.108 and §70.109 and ch. 80, and 1 Texas Administrative Code ch. 155.

Further information regarding this hearing may be obtained by contacting Elizabeth Lieberknecht, 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 Texas Administrative 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.

Issued: December 11, 2017

TRD-201705134

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 13, 2017


Notice of Public Hearing

on the Petition to Revoke

Permit No. WQ0015051001 Issued to Rancho Del Lago, Inc.

SOAH Docket No. 582-18-1098

TCEQ Docket No. 2017-1200-MWD

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 SOAH will conduct a formal public hearing beginning at:

10:00 a.m. - January 10, 2018

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to determine whether Mr. Ron Harris (Petitioner) qualifies, pursuant to applicable law, as a person affected by Permit No. WQ0015051001 issued on August 14, 2014, in Blanco County, Texas to Rancho del Lago, Inc. (RDL' s permit). Should SOAH determine that Petitioner qualifies as a person affected by RDL's permit, then SOAH will proceed with a hearing on the merits of the Petition to determine whether RDL's permit should be revoked pursuant to 30 Texas Administrative Code Chapter 305. The hearing on the merits will be a legal proceeding similar to a civil trial in state district court.

The first convened session of the hearing (the preliminary hearing) will be to establish jurisdiction, afford Petitioner, RDL, the Executive Director of the Commission, and the Commission's Public Interest Counsel an opportunity for settlement negotiations, and to establish a discovery and procedural schedule for the evidentiary hearing process. Unless agreed to by all parties in attendance at the preliminary hearing, an evidentiary hearing will not be held on the date of the preliminary hearing.

Ron Harris, Rancho del Lago, Inc., the Commission's Public Interest Counsel, and the Executive Director of the Commission are the only designated parties to this proceeding. Any person may attend the hearing but only persons named as parties may participate in the hearing. The failure of Petitioner or their representative to appear at the preliminary or evidentiary hearings may be grounds for withholding consideration of this matter or for dismissal of the Petition. The failure of RDL or its representative to appear at the preliminary or evidentiary hearings may result in a Proposal for Decision being issued by the administrative law judge based solely on the evidence presented by the other parties.

In accordance with 1 Tex. Admin. Code §155.201(a) and §155.401(a), 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.

The hearing will be conducted in accordance with Texas Government Code Chapter 2001; Texas Water Code Chapter 26; and the procedural rules of the TCEQ and SOAH, including Title 30 of the Texas Administrative Code, Chapters 80 and 305, and Title 1 of the Texas Administrative Code Chapter 155.

Any document filed in this matter must be filed with the Office of the Chief Clerk. Documents may be filed electronically at http://www14.tceq.texas.gov/epic/eFiling/ or sent to the following address: ATTN: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087. When contacting the Commission regarding this Petition, reference the TCEQ and SOAH docket numbers given at the top of this notice.

Further information regarding this hearing may be obtained by contacting Michael Parr, Staff Attorney, Texas Commission on Environmental Quality, Environmental Law Division, Mail Code 173, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-0611. Information concerning hearing procedures and public participation in hearings 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. General information about the TCEQ can be found at our web site at http://www.tceq.texas.gov/.

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

Issued: November 30, 2017

TRD-201704984

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 6, 2017


Notice of Public Meeting on January 25, 2018, in Pearland, Brazoria County, Texas Regarding the James Barr Facility State Superfund Site

The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ) is issuing this notice of a public meeting to receive comment on the intent to delete the James Barr Facility state Superfund site (the site) from the state Superfund registry (registry). The registry is the list of state Superfund sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The ED is proposing this deletion because the ED has determined that due to the remedial actions performed, the site no longer presents such an endangerment. This combined notice was also published in the Pearland Reporter News newspaper on December 20, 2017.

The site, including all land, structures, appurtenances, and other improvements, is approximately two acres and is located in the 3300 block of Industrial Drive, Pearland, Brazoria County, Texas. The site also includes any areas where hazardous substances had come to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.

The site was formerly operated as a storage site for hazardous waste. The waste was transported to the site by vacuum trucks and unloaded into various aboveground storage tanks located on the property. In 1995, Brazoria County auctioned the property due to unpaid taxes. A contractor was authorized to salvage the steel from the site. In April 1997, during salvage operations at the site, a hazardous spill occurred that caused benzene and 1,2-dichloroethane to be released onto the ground.

The TCEQ began investigating the site in July 1997 and performed a removal action at the site in 2001. During the removal action, the TCEQ removed 19 drums containing contaminated soil for off-site disposal and erected a fence to restrict access to the site.

The site was proposed for listing on the registry in the November 8, 2002, issue of the Texas Register (27 TexReg 10644). Between 2003 and 2011, remedial investigations were conducted, including groundwater monitoring. In addition, removal actions in 2011 and 2012 included excavation and off-site disposal of soil, sediment, and sludges; the surface impoundments were backfilled and graded. In August 2013, a remedy was selected for the site consisting of an on-site plume management zone to control and monitor arsenic impacts in the uppermost groundwater bearing zone at the site.

The TCEQ filed a deed notice in real property records of Brazoria County to restrict exposure to groundwater and continued routine groundwater monitoring at the site. Based on the monitoring data, the concentrations of the contaminant of concern in the groundwater no longer exceed the applicable protective concentration levels.

As a result of the remedial actions that have been performed at the site, the ED has determined that the site no longer presents an imminent and substantial endangerment to public health and safety or the environment. Therefore, the site is eligible for deletion from the registry as provided by 30 TAC §335.344(c).

In accordance with 30 TAC §335.344(b), the TCEQ will hold a public meeting to receive comment on this proposed deletion from the registry. This meeting will not be a contested case hearing within the meaning of Texas Government Code, Chapter 2001. The meeting will be held on January 25, 2018, at 7:00 p.m., in the Public Safety Building, 2nd Floor, located at 2555 Cullen Parkway, Pearland, Texas 77584.

All persons desiring to make comments regarding the proposed deletion of the site may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m. on January 24, 2018, and should be sent in writing to Sherell Heidt, Project Manager, TCEQ, Remediation Division, MC-143, P.O. Box 13087, Austin, Texas 78711-3087 or by email to superfnd@tceq.texas.gov or facsimile to (512) 239-2450. The public comment period for this action will end at the close of the public meeting on January 25, 2018.

A portion of the record for the site including documents pertinent to the ED's proposed deletion is available for review during regular business hours at the Pearland Library, located at 3522 Liberty Drive, Pearland, Texas 77581. (The Pearland Library is currently undergoing renovations and has temporarily moved to 2341 North Galveston Avenue, Pearland, Texas 77581.) The complete public file may be obtained during regular business hours at the TCEQ's Central File Room, Building E, Room 103, 12100 Park 35 Circle, Austin, Texas 78753, (512) 239-2900. Additional files may be obtained by contacting the TCEQ project manager for the site, Sherell Heidt, at (713) 767-3708. Fees are charged for photocopying file information. Parking for persons with disabilities is available on the east side of Building D, convenient to access ramps that are between Buildings D and E. Information is also available regarding the site's state Superfund history at https://www.tceq.texas.gov/remediation/superfund/state/jamesbarr.html.

Persons who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (800) 633-9363 or (512) 239-3844. Requests should be made as far in advance as possible.

For further information about the public meeting, please call Crystal Taylor, Community Relations Liaison, at (800) 633-9363.

TRD-201705078

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: December 12, 2017


Notice of Water Rights Application

Notices issued December 5 through 7, 2017

APPLICATION NO. 13204; SW Taber 2014, L.P., 2220 Sandy Lake Road, Carrollton, Texas 75006, Applicant, has applied for a Water Use Permit to authorize the use of the bed and banks of the Elm Fork Trinity River, Trinity River Basin to convey groundwater for storage in an off-channel reservoir and subsequent diversion for agricultural purposes in Dallas County. The application and partial fees were received on July 9, 2015. Additional information and fees were received on June 3, 2016 and September 1, 2016. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on September 9, 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, limiting the diversion of groundwater to amounts that do not exceed the actual daily amount of groundwater discharged. The application, technical memoranda, and Executive Director's 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 the information section below, by January 4, 2018.

CERTIFICATE OF ADJUDICATION No. 21-3207A; Bexar-Medina-Atascosa Counties Water Control and Improvement District No. 1, PO Box 170, Natalia, Texas 78059, Applicant, seeks authorization to extend the time to commence and complete modification of Chacon Reservoir on Chacon Creek, tributary of San Miguel Creek, tributary of the Frio River, tributary of the Nueces River, Nueces River Basin, Medina County. The application and partial fees were received on July 26, 2017. Additional information and fees were received on October 13, and October 18, 2017. The application was declared administratively complete and filed with office of the Chief Clerk on October 26, 2017. The Executive Director has determined the applicant has shown due diligence and justification for delay. In the event a hearing is held on this application, the Commission shall also consider whether the appropriation shall be forfeited for failure to demonstrate sufficient due diligence and justification for delay. The Executive Director has completed the technical review of the application and prepared a draft Order. The draft Order, if granted, would authorize the extension of time to commence and complete construction. The application, technical memoranda, and Executive Director's draft Order 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 the information section below, within 30 days of the date of newspaper publication of the notice.

To view the complete issued notice, view the notice on our web site 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 web site, type in the issued date range shown at the top of this document to obtain search results.

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

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

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

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, 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 web site at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.

TRD-201705106

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 13, 2017


Texas Forensic Science Commission

Correction of Error

The Texas Forensic Science Commission proposed new 37 TAC §§651.201 - 651.218 in the December 15, 2017, issue of the Texas Register (42 TexReg 7104). Due to an error by Commission staff, the date for the deadline to receive comments was published incorrectly. Under the Request for Public Comment section in the preamble of the submission, the deadline to receive comments was originally posted as January 18, 2017. The corrected paragraph and date should read as follows:

Request for Public Comment. The Texas Forensic Science Commission invites comments on the proposal from any member of the public. Please submit comments to Leigh Savage, 1700 North Congress Avenue, Suite 445, Austin, Texas 78701 or Leigh.savage@fsc.texas.gov. Comments must be received by January 18, 2018, to be considered by the Commission.

TRD-201705064


Texas Health and Human Services Commission

Notice of Public Hearing on Proposed Medicaid Payment Rate for Levulan Kerastick

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on January 11, 2018, at 3:00 p.m., to receive comment on the proposed Medicaid payment rate for Levulan Kerastick (J7308).

The public hearing will be held in HHSC's Public Hearing Room at the Brown-Heatly Building, located at 4900 North Lamar Boulevard, Austin, Texas. Entry is through security at the main entrance of the building, which faces Lamar Boulevard. HHSC also will broadcast the public hearing; the broadcast can be accessed at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings. The broadcast will be archived and can be accessed on demand at the same website. 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. The payment rate for Levulan Kerastick (J7308) is proposed to be effective January 1, 2018.

Methodology and Justification. The proposed payment rate was calculated in accordance with Title 1 of the Texas Administrative Code:

§355.8085, which addresses the reimbursement methodology for physicians and other practitioners; and

§355.8441, which addresses the reimbursement methodology for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Services (also known as Texas Health Steps).

Briefing Package. A briefing package describing the proposed payment rate will be available at http://rad.hhs.texas.gov/rate-packets on or after December 28, 2017. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Rate Analysis by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail at RADAcuteCare@hhsc.state.tx.us. The briefing package will also be available at the public hearing.

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

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

TRD-201705101

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: December 12, 2017


Notice of Public Hearing on Proposed Medicaid Payment Rates for the 2018 Annual Healthcare Common Procedure Coding System Updates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on January 11, 2018, at 3:00 p.m., to receive comment on proposed Medicaid payment rates for the 2018 Annual Healthcare Common Procedure Coding System (HCPCS) Updates.

The public hearing will be held in HHSC's Public Hearing Room at the Brown-Heatly Building, located at 4900 North Lamar Boulevard, Austin, Texas. Entry is through security at the main entrance of the building, which faces Lamar Boulevard. HHSC also will broadcast the public hearing; the broadcast can be accessed at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings. The broadcast will be archived and can be accessed on demand at the same website. 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. The payment rates for the 2018 Annual HCPCS Updates are proposed to be effective January 1, 2018, for the following services:

Physician Administered Drugs - Type of Service (TOS) 1 (Medical Services);

Medical Services - TOS 1 (Medical Services);

Surgery and Assistant Surgery Services - TOS 2 (Surgery Services) and 8 (Assistant Surgery);

Nonclinical Laboratory Services - TOS 5 (Laboratory), I (Interpretation Component), and T (Technical Component);

Clinical Laboratory Services - TOS 5 (Laboratory Services);

Anesthesia Services - TOS 7 (Anesthesia Services);

Durable Medical Equipment, Prosthetics, Orthotics, and Supplies - TOS 9 (Other Medical Items or Services) and J (DME Purchase - New);

Ambulatory Surgical Center - TOS F (Ambulatory Surgical Center); and

Dental Services - TOS W (Texas Health Steps Dental/Orthodontia).

Methodology and Justification. The proposed payment rates were calculated in accordance with Title 1 of the Texas Administrative Code:

§355.8021, which addresses the reimbursement methodology for home health services;

§355.8023, which addresses the reimbursement methodology for durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS);

§355.8085, which addresses the reimbursement methodology for physicians and other practitioners;

§355.8097, which addresses the reimbursement methodology for physical, occupational, and speech therapy services;

§355.8121, which addresses the reimbursement methodology for ambulatory surgical centers;

§355.8221, which addresses the reimbursement methodology for certified registered nurse anesthetists and anesthesiologist assistants;

§355.8441, which addresses the reimbursement methodology for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Services (also known as Texas Health Steps); and

§355.8610, which addresses the reimbursement methodology for clinical laboratory services.

Briefing Package. A briefing package describing the proposed payment rates will be available at http://rad.hhs.texas.gov/rate-packets on or after December 28, 2017. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Rate Analysis by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail at RADAcuteCare@hhsc.state.tx.us. The briefing package will also 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 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Rate Analysis at (512) 730-7475; or by e-mail to RADAcuteCare@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, Brown-Heatly Building, 4900 North Lamar Blvd., Austin, Texas 78751.

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

TRD-201705100

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: December 12, 2017


Department of State Health Services

Licensing Actions for Radioactive Materials (.pdf)

TRD-201705107

Barbara L. Klein

Interim General Counsel

Department of State Health Services

Filed: December 13, 2017


Texas Parks and Wildlife Department

Notice of Proposed Real Estate Transactions

Grant of Easement - Denton County

Communications Antenna at Lake Ray Roberts State Park

In a meeting on January 25, 2018, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing the grant of an easement at Lake Ray Roberts State Park in Randall County. The easement will allow an internet provider to place equipment on a tower located inside Lake Ray Roberts State Park to add additional capacity and coverage to their current broadband signal. The public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Trey Vick, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 (email trey.vick@tpwd.texas.gov); or via the department's website at www.tpwd.texas.gov.

Disposition of Real Estate - Williamson County

House and Lot in Williamson County Texas

In a meeting on January 25, 2018, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing the disposition of approximately 1/4 acre and manufactured home that was donated to Texas Parks and Wildlife Department. The funds made on the proposed transaction will be used for future State Park acquisitions. The public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Trey Vick, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 (email trey.vick@tpwd.texas.gov); or via the department's website at www.tpwd.texas.gov.

Disposition of Land - Walker County

Approximately .50 acre at Huntsville State Park

In a meeting on January 25, 2018, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing the disposition of approximately .50 acre at Huntsville State Park in exchange for a permanent 25' no-clear buffer along the perimeter of the park. The .50 acre will be used for needed repairs to the City of Huntsville's public utilities. The public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Trey Vick, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 (email trey.vick@tpwd.texas.gov); or via the department's website at www.tpwd.texas.gov.

Acceptance of Land Donations - Brazoria County

Approximately 190 Acres at Follets Island Coastal Management Area

In a meeting on January 25, 2018, the Texas Parks and Wildlife Commission (the Commission) will consider enlarging the project area for the Follets Island Coastal Management Area with the acceptance of a donation of 190 acres of land in Brazoria County. At this meeting the public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at ted.hollingsworth@tpwd.texas.gov or through the TPWD website at tpwd.texas.gov.

Disposition of Real Estate - Smith County

3.5-acre tract at the Tyler Fish Hatchery

In a meeting on January 25, 2018, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing the sale of an approximately 3.5-acre tract of land that was once part of the Texas Parks and Wildlife Department Tyler Fish Hatchery. The public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Stan David, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 (email stan.david@tpwd.texas.gov); or via the department's website at www.tpwd.texas.gov.

TRD-201705102

Robert D. Sweeney, Jr.

General Counsel

Texas Parks and Wildlife Department

Filed: December 12, 2017


Public Utility Commission of Texas

Notice of Application for a Service Provider Certificate of Operating Authority

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on December 12, 2017, for a service provider certificate of operating authority. Applicant intends to provide facilities-based, data, and resale services in the exchanges of all incumbent local exchange companies throughout the state of Texas.

Docket Title and Number: Application of Magna5 LLC for Service Provider Certificate of Operating Authority. Docket Number 47852.

Persons wishing to 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 1-888-782-8477 no later than December 29, 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 47852.

TRD-201705136

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 13, 2017


Notice of Application for Retail Electric Provider Certification

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on December 7, 2017, for retail electric provider certification, under Public Utility Regulatory Act (PURA) §39.352.

Docket Title and Number: Application of Power of Texas Holdings, Inc. for a Retail Electric Provider Certificate, Docket Number 47844.

Application: Power of Texas Holdings, Inc. filed an application for an option 1 certificate to provide retail electric services in the geographic service areas of the entire state of 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 Docket Number 47844.

TRD-201705087

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 12, 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 December 5, 2017, under the Public Utility Regulatory Act, Tex. Util. Code Ann. §39.154 and §39.158.

Docket Style and Number: Application of Fidelity Management & Research Company, Fortress Credit Advisors LLC, GSO/Blackstone Debt Funds Management LLC, Guggenheim Partners Investment Management, LLC, Oppenheimerfunds, Inc., Pinebridge Investments LLC, and Avenue Capital Management II, L.P., Lenders to Exgen Texas Power, LLC under §39.158 of the Public Utility Regulatory Act, Docket Number 47836.

The Application: On December 5, 2017, the members of an ad hoc committee of lenders to ExGen Texas Power, LLC (EGTP), holding a majority of EGTP's existing secured term loan, filed an application for approval of the distribution to EGTP's secured lenders of ownership interests in some or all of EGTP's subsidiaries: Wolf Hollow I Power, LLC, Colorado Bend I Power, LLC, Mountain Creek Power, LLC, LaPorte Power, LLC, and Handley Power, LLC (the project companies), owners of generation facilities in the power region of ERCOT. The combined generation owned and controlled by the project companies, the members of the ad hoc committee, and their affiliates after consummation of the proposed transaction will not exceed the 20% of the total electricity offered for sale in 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 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 comments should reference Docket Number 47836.

TRD-201705090

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 12, 2017


Notice of Application for Waiver from Requirements

Notice is given to the public of an application filed on December 5, 2017, with the Public Utility Commission of Texas (commission) for waiver from the requirements in 16 Texas Administrative Code §26.420(f)(3)(B)(iii).

Docket Style and Number: Application of Range Global Services LLC for Waiver to Apply Safe Harbor Percentage to Calculate Texas Universal Service Fund Assessment, Docket Number 47839.

The Application: Range Global requests a permanent waiver under 16 TAC §26.420(f)(3)(B)(ii) because currently there is no means available to measure actual traffic and segregate the jurisdiction of the traffic. Range Global proposes to use, for CMRS providers, 37.10% for interstate and international traffic and 62.90% for intrastate traffic. The percentages will be multiplied by Range Global's Texas revenues to arrive at a figure for Texas intrastate taxable telecommunications receipts and ultimately calculation of TUSF fees due.

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 47839.

TRD-201705086

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 12, 2017


Notice of Application to Obtain Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on December 5, 2017, to obtain a water certificate of convenience and necessity in Parker County.

Docket Style and Number: Application of Hood Water LLC for a Water Certificate of Convenience and Necessity in Parker County, Docket Number 47835.

The Application: Hood Water LLC filed an application to obtain a new water certificate of convenience and necessity in Parker County. The total area being requested includes approximately 1,078 acres and 50 current customers.

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 47835.

TRD-201705088

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 12, 2017


Notice of Application to Obtain Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on December 12, 2017, to obtain a water certificate of convenience and necessity in Midland County.

Docket Style and Number: Application of Countryside Acres Homeowners Association Inc. for a Water Certificate of Convenience and Necessity in Midland County, Docket Number 47854.

The Application: Countryside Acres Homeowners Association Inc. filed an application to obtain a new water certificate of convenience and necessity in Midland County. The total area being requested includes approximately 120 acres and no current customers.

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 47854.

TRD-201705112

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 13, 2017


Notice of Petition for Recovery of Universal Service Funding

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on November 29, 2017 for recovery of Universal Service Funding pursuant to Public Utility Regulatory Act §56.025 and 16 Texas Administrative Code §26.406.

Docket Style and Number: Application of Blossom Telephone Company to Recover Funds From the Texas Universal Service Fund. Docket Number 47812.

The Application: Blossom Telephone Company (BTC) seeks recovery of funds from the Texas Universal Service Fund (TUSF) due to Federal Communications Commission (FCC) actions resulting in a reduction in the Federal Universal Service Fund (FUSF) revenues available to BTC. The petition requests that the commission allow BTC recovery of funds from the TUSF in the amount of $158,838 to replace projected 2017 FUSF revenue reductions. BTC is not seeking any rate increases through this proceeding.

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. 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 47812.

TRD-201705029

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 11, 2017


Notice of Petition for Recovery of Universal Service Funding

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on November 29, 2017 for recovery of Universal Service Funding pursuant to Public Utility Regulatory Act §56.025 and 16 Texas Administrative Code §26.406.

Docket Style and Number: Application of Community Telephone Company to Recover Funds From the Texas Universal Service Fund. Docket Number 47813.

The Application: Community Telephone Company (CTC) seeks recovery of funds from the Texas Universal Service Fund (TUSF) due to Federal Communications Commission (FCC) actions resulting in a reduction in the Federal Universal Service Fund (FUSF) revenues available to CTC. The petition requests that the commission allow CTC recovery of funds from the TUSF in the amount of $179,900 to replace projected 2017 FUSF revenue reductions. CTC is not seeking any rate increases through this proceeding.

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. 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 47813.

TRD-201705031

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 11, 2017


Sam Houston State University

Notice of Intent to Seek Financial Report Auditing and Consulting Services

In compliance with the provisions of Texas Government Code, Chapter 2254, Sam Houston State University ("SHSU") in Huntsville, Texas, solicits Request for Qualifications ("RFQ") for auditing and consultant services. The services are for review of the University's Annual Financial Report ("AFR") as part of the reaffirmation process of its accreditation with the Southern Association of Colleges and Schools Commission on Colleges ("SACSCOC"). The President of Sam Houston State University has made a fact finding that the consulting services are necessary and Sam Houston State University does not have the in-house expertise to complete the review. Pursuant to Texas Government Code 2254.029(b) notice is given that the services sought relate to services provided in response to Lamar University's RFQ #734-08012017-SC awarded to Belt Harris Pechacek, LLLP, 3210 Bingle Road, Suite 300, Houston, Texas 77055, and that SHSU intends to award the contract for these services to Belt Harris Pechacek, LLLP, unless an offer of better value is received.

Texas law authorizes Institutions of Higher Education (defined by Section 61.003, Texas Education Code) to use the group purchasing procurement method (ref. Sections 51.9335 Texas Education Code). Institutions of Higher Education may enter into a contract with the successful respondent(s) for the purchase of the services described herein based on the terms, conditions, and prices, offered by the successful respondent for the duration of any agreement or contractual arrangement resulting from this solicitation. These State Agencies and Institutions of Higher Education will issue their own purchase orders, directly receive goods or services at their place of business, and receive direct billing by the successful respondent.

The closing date for receipt of offers is January 22, 2018. The date of award is anticipated to be on or before February 1, 2018.

SHSU contact for inquires is:

William H. Tidwell

Assistant Director Procurement and Business Services

P.O. Box 2028

Huntsville, Texas 77341-2028

Phone: (936) 294-2620

Email: rrm015@shsu.edu

TRD-201705082

Rhonda Beassie

Assistant General Counsel - TSUS

Sam Houston State University

Filed: December 12, 2017


Texas Department of Transportation

Dallas District Notice Affording an Opportunity for a Public Hearing - District Projects and Programs Affecting Bicycle Use on the State Highway System

In accordance with Texas Administrative Code - Title 43, Part 1, Chapter 25, Subchapter D, Rule §25.55(b), the Texas Department of Transportation (TxDOT) - Dallas District is affording the opportunity for a public hearing on district transportation projects and programs affecting bicycle use on the state highway system.

The purpose of this notice is to allow any person an opportunity to request, in writing, that a public hearing be held to provide information on the bicycle plans, policies, and programs for the TxDOT Dallas District. A mailing list will be developed by the district on this topic and interested individuals and groups may submit a request to be added to the list by contacting the TxDOT Dallas District as outlined below.

All interested individuals may request a public hearing be held by submitting a written request, by mail, to the TxDOT Dallas District - Advance Project Development, at 4777 East Highway 80, Mesquite, Texas 75150-6643, Attn.: Shelley D. Pridgen. All written requests must be postmarked on or before the Tuesday of January 16, 2018, to be included as a part of the official public hearing request record. For additional information, please contact Ms. Pridgen at (214) 320-6163 or email her at Shelley.Pridgen@txdot.gov. In the event a public hearing is requested, one would be scheduled and notices would be published indicating the hearing date and location.

TRD-201704990

Leonard Reese

Associate General Counsel

Texas Department of Transportation

Filed: December 6, 2017


Public Notice - Advertising in Texas Department of Transportation's Travel Literature and Texas Highways Magazine

Advertising in Texas Department of Transportation Travel Literature and Texas Highways magazine, both in print and in digital or online assets. The Texas Department of Transportation is authorized by Texas Transportation Code, Chapter 204, to publish literature for the purpose of advertising the highways of this state and attracting traffic thereto, and to include paid advertising in such literature. Title 43, Texas Administrative Code, §§23.15-23.18 describe the policies governing advertising in department travel literature and Texas Highways magazine, both in print and in digital or online, list acceptable and unacceptable subjects for advertising in department travel literature and the magazine, and describe the procedures by which the department will solicit advertising.

As required by 43 TAC §23.17, the department invites any entity or individual interested in advertising in department travel literature and Texas Highways magazine to request to be added to the department's contact list. Written requests may be mailed to the Texas Department of Transportation, Travel Information Division, Travel Publications Section, P.O. Box 141009, Austin, Texas, 78714-1009. Requests may also be made by telephone to (512) 486-5880 or sent by fax to (512) 486-5879.

The department is now accepting advertising for the 2019 edition of the Texas State Travel Guide, scheduled to be printed and available in January 2019. The Texas State Travel Guide is designed to encourage readers to explore and travel to and within the State of Texas. The guide lists cities and towns, featuring population figures and recreational travel sites for each, along with maps and 4-color photography. The guide may also include sections listing Texas lakes, state parks, state and national forests, along with hunting and fishing information. The State of Texas distributes this vacation guide to travelers in Texas and to those who request information while planning to travel in Texas.

Media kits are available on the texashighways.com website. All Texas State Travel Guide insertion orders, including premium space will be accepted on a first-come first-served basis. Insertion orders for an inside front cover spread and inside back cover spread will take precedence over an inside front cover and inside back cover insertion order. In most cases, larger ads will be positioned ahead of smaller ads.

The department is now accepting advertising for the 2019 edition of the Texas Official Travel Map scheduled to be printed and available in January 2019. The State of Texas distributes this map to travelers in Texas and to those who request information while planning to travel in Texas.

The department continues to accept advertising for all quarterly issues of the Texas Highways Events Calendar, beginning with the Summer 2018 calendar. The Texas Highways Events Calendar is published quarterly, corresponding with the seasons, to provide information about events happening in Texas throughout the year. The Texas Highways Events Calendar includes festivals, art exhibits, rodeos, indoor and outdoor music and theatre productions, concerts, nature tours, and more, depending on the season. The State of Texas distributes this quarterly calendar to travelers in Texas and to those who request information on events happening around the state.

The Summer 2018 calendar lists events scheduled for June 2018, July 2018, and August 2018. The Fall 2018 calendar lists events scheduled for September 2018, October 2018, and November 2018. The Winter 2018-2019 calendar lists events scheduled for December 2018, January 2019, and February 2019. The Spring 2019 calendar lists events scheduled for March 2019, April 2019, and May 2019.

The advertising due dates for the Texas Highways Events Calendar vary depending on the issue involved. The publication deadline for accepting advertising space in the Texas Highways Events Calendar is the third Wednesday of the fourth month preceding the issue date. The deadline for accepting materials for the Texas Highways Events Calendar is one week after space closing. When material or space closing dates fall on a Saturday, Sunday, or holiday, space and/or materials are due the preceding workday.

The department is now accepting advertising for all monthly 2018 issues of Texas Highways magazine. Texas Highways magazine is a monthly publication designed to encourage recreational travel within the state and to tell the Texas story to readers around the world. Accordingly, the content of the magazine is focused on Texas vacation, recreational, travel, or tourism related subjects, shopping opportunities in Texas and for Texas related products, various outdoor events, sites, facilities, and services in the state, transportation modes and facilities in the state, and other sites, products, facilities, and services that are travel related or Texas-based, and that are determined by the department to be of cultural, educational, historical, or recreational interest to Texas Highways readers.

The publication deadline for accepting advertising space in Texas Highways magazine is the 27th of the third month preceding the issue date. The deadline for accepting materials for Texas Highways magazine is seven days after space closing. When material or space closing dates fall on a Saturday, Sunday, or holiday, space and/or materials are due the preceding workday.

The rate card information for potential advertisers in the Texas State Travel Guide, the Texas Highways Events Calendar, Texas Highways magazine, the Texas Official Travel Map and related digital assets are included in this notice. Digital assets may include TexasHighways.com and Texas Highways Extra eNewsletter.

Rate Card (.pdf)

TRD-201705089

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: December 12, 2017


Texas Water Development Board

Applications for December 2017

Pursuant to Texas Water Code §6.195, the Texas Water Development Board provides notice of the following applications:

Project ID #62660, a request from the City of Gorman, P.O. Box 236, Gorman, Texas 76454-0236, received April 21, 2017, for $2,000,000 in financial assistance, consisting of a $1,000,000 obligation and $1,000,000 in principal forgiveness from the Drinking Water State Revolving Fund for construction of water system improvements.

Project ID #73769, a request from the City of Abilene, P.O. Box 60, Abilene, Texas 79604-0060, received June 22, 2017, for $18,370,000 in financing from the Clean Water State Revolving Fund for planning, design, and construction of a meter replacement project.

Project ID #62762, a request from the City of Paradise, P.O. Box 314, Paradise, Texas 76073-0314, received September 20, 2017, for $300,000 in principal forgiveness from the Drinking Water State Revolving Fund for planning, design, and construction of water system improvements.

Project ID #73775, a request from the Greater Texoma Utility Authority on behalf of the City of Gunter, 5100 Airport Dr., Denison, Texas 75020-8448, received September 20, 2017, for $2,300,000 in financing from the Clean Water State Revolving Fund for planning, design, and construction of wastewater system improvements.

TRD-201704997

Todd Chenoweth

General Counsel

Texas Water Development Board

Filed: December 8, 2017