IN ADDITION

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 02/05/18 - 02/11/18 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 02/05/18 - 02/11/18 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-201800381

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: January 30, 2018


Texas Education Agency

Notice of Correction: Request for Applications Concerning the 2018-2019 Services to Students with Autism Grant Program

Filing Authority. The availability of grant funds under Request for Applications (RFA) #701-18-107 is authorized by Texas Education Code, §29.026, as added by House Bill 21, Section 3, 85th Texas Legislature, Regular Session, 2017.

The Texas Education Agency (TEA) published Request for Applications Concerning the 2018-2019 Services to Students with Autism Grant Program in the January 26, 2018, issue of the Texas Register (43 TexReg 478).

TEA is amending the TEA contact and the last date that questions must be submitted in writing. The new TEA contact email is amy.kilpatrick@tea.texas.gov. The new date that questions must be submitted is February 15, 2018.

TRD-201800397

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: January 31, 2018


Notice of Correction: Request for Applications Concerning the 2018-2019 Services to Students with Dyslexia Grant Program

Filing Authority. The availability of grant funds under Request for Applications (RFA) #701-18-108 is authorized by Texas Education Code, §29.027, as added by House Bill 21, Section 3, 85th Texas Legislature, Regular Session, 2017.

The Texas Education Agency (TEA) published Request for Applications Concerning the 2018-2019 Services to Students with Dyslexia Grant Program in the January 26, 2018, issue of the Texas Register (43 TexReg 478).

TEA is amending the TEA contact and the last date that questions must be submitted in writing. The new TEA contact email is karin.miller@tea.texas.gov. The new date that questions must be submitted is February 15, 2018.

TRD-201800398

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: January 31, 2018


Public Notice: Extension of Public Comment Period on Proposed Amendment to 19 TAC Chapter 129, Student Attendance, Subchapter AA, Commissioner's Rules, §129.1025, Adoption by Reference: Student Attendance Accounting Handbook

The Texas Education Agency (TEA) published proposed amendment to 19 TAC Chapter 129, Student Attendance, Subchapter AA, Commissioner's Rules, §129.1025, Adoption by Reference: Student Attendance Accounting Handbook, in the December 29, 2017, issue of the Texas Register (42 TexReg 7510).

The TEA is extending the end date of the public comment period on the proposed amendment to 19 TAC §129.1025 from January 29, 2018, to February 12, 2018. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. Comments may also be submitted electronically to rules@tea.texas.gov.

Further Information. For clarifying information about this notice, contact Rulemaking, TEA, (512) 475-1497.

Issued in Austin, Texas, on January 29, 2018.

TRD-201800375

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: January 29, 2018


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 March 13, 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 March 13, 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: 4 Way Bar and Grill, LLC; DOCKET NUMBER: 2017-1333-PWS-E; IDENTIFIER: RN107100901; LOCATION: Lakehills, Bandera County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(v), by failing to ensure that the electrical wiring is securely installed in compliance with a local or national electrical code; 30 TAC §290.41(c)(3)(M), by failing to provide a suitable sampling tap on the discharge pipe of the facility's well pump prior to any treatment; 30 TAC §290.45(d)(2)(B)(v) and Texas Health and Safety Code, §341.0315(c), by failing to provide a minimum pressure tank capacity of 220 gallons; 30 TAC §290.46(s)(1), by failing to calibrate the facility's well meter at least once every three years; 30 TAC §290.46(n)(1), by failing to maintain accurate and up-to-date detailed as-built plans or record drawings for each treatment plant, pump station, and storage tanks at the public water system until the facility is decommissioned; 30 TAC §290.46(m)(4), by failing to maintain all water treatment units, storage and pressure maintenance facilities, distribution system lines, and related appurtances in a watertight condition and free of excessive solids; 30 TAC §290.43(e), by failing to install all potable water storage tanks and pressure maintenance facilities in a lockable building or enclosed by an intruder-resistant fence with lockable gates; and 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; PENALTY: $730; ENFORCEMENT COORDINATOR: Jason Fraley, (512) 239-2552; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: Allen Watts dba Lago Vista Water System; DOCKET NUMBER: 2017-1331-PWS-E; IDENTIFIER: RN102676350; LOCATION: Luling, Guadalupe 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 disinfectant residual of at least 0.2 milligrams per liter of free chlorine throughout the distribution system at all times; and 30 TAC §290.39(m), by failing to provide written notification of the reactivation of an existing public water supply system; PENALTY: $313; ENFORCEMENT COORDINATOR: Steven Hall, (512) 239-2569; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(3) COMPANY: Ann Robinson dba Beachview Acres Water Association; DOCKET NUMBER: 2017-0158-PWS-E; IDENTIFIER: RN101437135; LOCATION: Hillsboro, Hill County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.41(c)(1)(F), by failing to obtain a sanitary control easement; 30 TAC §290.46(f)(2), (3)(B)(iv), and (D)(ii), by failing to maintain water works operation and maintenance records and make them available for review by commission personnel; 30 TAC §290.46(e)(4)(A) and Texas Health and Safety Code (THSC), §341.033(a), by failing to operate the facility under the direct supervision of an operator who holds a Class D or higher license; 30 TAC §290.46(m)(4), by failing to maintain all treatment units, storage and pressure maintenance facilities, distribution system lines, and related appurtenances in a watertight condition; 30 TAC §290.46(d)(2)(A) and §290.110(b)(4) and THSC, §341.0315(c), by failing to maintain a disinfectant residual of at least 0.2 milligrams per liter of free chlorine throughout the distribution system at all times; 30 TAC §§290.46(f)(4), 290.106(c) and (e), and 290.122(c)(2)(A) and (f), by failing to collect an asbestos sample, have the sample analyzed, and report the results to the executive director (ED), and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect the asbestos sample; 30 TAC §290.117(c)(2)(B), (h), and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the ED, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples; 30 TAC §290.117(c)(2)(C), (h), and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the ED, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap; and 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit the Disinfectant Level Quarterly Operating Report and regarding the failure to collect the nitrate sample; PENALTY: $1,855; ENFORCEMENT COORDINATOR: Ryan Byer, (512) 239-2537; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(4) COMPANY: BARI GROUP, INCORPORATED dba Mini Mart; DOCKET NUMBER: 2017-1190-PST-E; IDENTIFIER: RN101432847; LOCATION: Palestine, Anderson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks (USTs); 30 TAC §334.49(c)(2)(C) and (4) 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 system components are operating properly, and failing to test the corrosion protection system for operability and adequacy of protection at a frequency of at least once every three years; 30 TAC §334.48(c) and §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to conduct effective manual or automatic inventory control procedures for all USTs involved in the retail sale of petroleum substances used as motor fuel, and failing to monitor the USTs for releases at a frequency of at least once every month; and 30 TAC §334.602(a) and (4), by failing to designate, train, and certify at least one Class C operator for the facility, and failing to ensure that at least one certified operator is present at the facility during hours of operation; PENALTY: $12,194; ENFORCEMENT COORDINATOR: Jonathan Nguyen, (512) 239-1661; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(5) COMPANY: BASF Corporation; DOCKET NUMBER: 2017-1100-AIR-E; IDENTIFIER: RN100218049; LOCATION: Freeport, Brazoria County; TYPE OF FACILITY: chemical manufacturing 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 O1927, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 15, and New Source Review Permit Numbers 9513A and PSDTX641M1, Special Conditions Number 1, by failing to prevent unauthorized emissions; 30 TAC §101.201(a)(1)(B) and §122.143(4), FOP Number O1927, STC Number 2.F, and THSC, §382.085(b), by failing to submit the initial notification for a reportable emissions event no later than 24 hours after discovery of an emissions event; and 30 TAC §122.143(4) and §122.146(2), THSC, §382.085(b), and FOP Number O1536, GTC, by failing to submit a permit compliance certification no later than 30 days after the end of the certification period; PENALTY: $142,063; Supplemental Environmental Project offset amount of $71,031; ENFORCEMENT COORDINATOR: Shelby Orme, (512) 239-4575; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(6) COMPANY: City of Beaumont; DOCKET NUMBER: 2017-0406-PWS-E; IDENTIFIER: RN101253094; LOCATION: Beaumont, Jefferson County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(d)(2)(B) and §290.110(b)(4) and Texas Health and Safety Code, §341.0315(c), by failing to maintain a disinfectant residual of at least 0.5 milligrams per liter of chloramine throughout the distribution system at all times; 30 TAC §290.46(q)(1), by failing to issue a boil water notification to customers of the facility within 24 hours of a low disinfectant residual using the prescribed notification format as specified in 30 TAC §290.47(c); and 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; PENALTY: $12,893; Supplemental Environmental Project offset amount of $12,893; ENFORCEMENT COORDINATOR: Steven Hall, (512) 239-2569; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(7) COMPANY: City of DeSoto; DOCKET NUMBER: 2017-1500-PWS-E; IDENTIFIER: RN101419141; LOCATION: Desoto, Dallas County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(d)(2)(B) and §290.110(b)(4) and Texas Health and Safety Code, §341.0315(c), by failing to operate the disinfection equipment to maintain a minimum disinfectant residual of 0.5 milligrams per liter chloramine throughout the distribution system at all times; PENALTY: $120; ENFORCEMENT COORDINATOR: Sarah Kim, (512) 239-4728; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: City of Edmonson; DOCKET NUMBER: 2017-1297-PWS-E; IDENTIFIER: RN101205375; LOCATION: Edmonson, Hale County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(c)(2)(A), (h), and (i)(1), by failing to collect lead and copper tap samples at the required ten sample sites, have the samples analyzed, and report the results to the executive director (ED); 30 TAC §290.117(c)(2)(B), (h), and (i)(1), and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the ED, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples; 30 TAC §290.117(c)(2)(C), (h), and (i)(1), and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the ED, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples; and 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit the Disinfectant Level Quarterly Operating Report and regarding the failure to conduct routine coliform sampling; PENALTY: $845; ENFORCEMENT COORDINATOR: Jason Fraley, (512) 239-2552; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(9) COMPANY: City of Garland Power and Light; DOCKET NUMBER: 2017-1358-AIR-E; IDENTIFIER: RN100214766; LOCATION: Denton, Denton County; TYPE OF FACILITY: power plant; RULES VIOLATED: 30 TAC §122.143(4) and §122.145(2)(C), Texas Health and Safety Code (THSC), §382.085(b), and Federal Operating Permit (FOP) Number O84, General Terms and Conditions (GTC), by failing to submit deviation reports within 30 days after the end of the reporting periods; 30 TAC §122.143(4) and §122.145(2)(C), THSC, §382.085(b), and FOP Number O84, GTC, by failing to report all instances of deviations; and 30 TAC §117.1345(d) and §122.143(4), THSC, §382.085(b), and FOP Number O84, Special Terms and Conditions Number 1.A, by failing to submit semiannual reports within 30 days after the end of each calendar semiannual period; PENALTY: $21,450; ENFORCEMENT COORDINATOR: David Carney, (512) 239-2583; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: City of Richardson; DOCKET NUMBER: 2017-1492-WQ-E; IDENTIFIER: RN101391480; LOCATION: Richardson, Dallas County; TYPE OF FACILITY: sanitary sewer collection system; RULE VIOLATED: TWC, §26.121(a)(1), by failing to prevent the unauthorized discharge of municipal waste into or adjacent to any water in the state; PENALTY: $5,625; Supplemental Environmental Project offset amount of $5,625; ENFORCEMENT COORDINATOR: Caleb Olson, (512) 239-2541; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: DUBLIN STOP GROUP INCORPORATED dba Dublin Stop; DOCKET NUMBER: 2017-1440-PST-E; IDENTIFIER: RN102019536; LOCATION: Dublin, Erath County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.72, by failing to report a suspected release to the agency within 24 hours of discovery; and 30 TAC §334.74, by failing to investigate a suspected release of a regulated substance within 30 days of discovery; PENALTY: $16,352; ENFORCEMENT COORDINATOR: Danielle Porras, (719) 767-3682; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: Harris County Fresh Water Supply District 1-A; DOCKET NUMBER: 2017-1110-PWS-E; IDENTIFIER: RN104424320; LOCATION: Baytown, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(i)(6) and (j), by failing to provide a consumer notification of lead tap water monitoring results to persons served at the sites that were tested, and failing to mail a copy of the consumer notification of tap results to the executive director (ED) along with certification that the consumer notification has been distributed for the

January 1, 2016 - December 31, 2016, monitoring period; and 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to conduct repeat coliform monitoring during the month of July 2013, and regarding the failure to conduct increased coliform monitoring during the month July 2014; PENALTY: $157; ENFORCEMENT COORDINATOR: Ross Luedtke, (512) 239-3157; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(13) COMPANY: Industrial Asphalt, LLC; DOCKET NUMBER: 2017-1421-AIR-E; IDENTIFIER: RN108082330; LOCATION: Schertz, Comal County; TYPE OF FACILITY: hot mix asphalt plant; RULES VIOLATED: 30 TAC §116.115(c), Texas Health and Safety Code, §382.085(b), Standard Permit Registration Number 130426, and Air Quality Standard Permit for Hot Mix Asphalt Plants, General Requirements (1)(H), by failing to prevent visible fugitive emissions from leaving the property for a period exceeding 30 seconds in any six-minute period; PENALTY: $2,625; ENFORCEMENT COORDINATOR: Shelby Orme, (512) 239-1001; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(14) COMPANY: Intergulf Corporation; DOCKET NUMBER: 2017-1013-AIR-E; IDENTIFIER: RN105127476; LOCATION: La Porte, Harris County; TYPE OF FACILITY: petrochemical plant; RULES VIOLATED: 30 TAC §116.115(c), New Source Review (NSR) Permit Number 85092, Special Conditions (SC) Number 16.A., and Texas Health and Safety Code (THSC), §382.085(b), by failing to comply with permitted sampling requirements; 30 TAC §116.115(c), NSR Permit Number 85092, SC Number 16.A., and THSC, §382.085(b), by failing to submit a permit application no later than 30 days after detecting volatile organic compounds from the final canister; 30 TAC §116.115(c), NSR Permit Number 85092, SC Number 16.B.(1), and THSC, §382.085(b), by failing to calibrate the flame ionization detector immediately prior to performing sampling of the Carbon Adsorpotion System (CAS); 30 TAC §116.115(c), NSR Permit Number 85092, SC Number 16.D., and THSC, §382.085(b), by failing to maintain adequate records for sampling of the CAS; and 30 TAC §116.115(c) and §117.2035(e)(9), NSR Permit Number 85092, SC Number 23, and THSC, §382.085(b), by failing to submit a stack test report within 60 days after the test was complete; PENALTY: $46,147; Supplemental Environmental Project offset amount of $18,450; ENFORCEMENT COORDINATOR: David Carney, (512) 239-2583; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(15) COMPANY: J.C. ALL SEASONS MARKET, INCORPORATED; DOCKET NUMBER: 2017-1282-PST-E; IDENTIFIER: RN101435055; LOCATION: Houston, Harris County; TYPE OF FACILITY: a 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; and 30 TAC §115.225, Texas Health and Safety Code, §382.085(b), and 40 Code of Federal Regulations §63.11120(a), by failing to conduct the annual testing of the Stage I equipment; PENALTY: $3,603; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3421; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(16) COMPANY: Luis Enrique Estrada; DOCKET NUMBER: 2017-1119-MSW-E; IDENTIFIER: RN109302489; LOCATION: Belton, Bell County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) site; RULES VIOLATED: 30 TAC §330.15(a) and (c), by failing to cause, suffer, allow, or permit the unauthorized disposal of MSW; PENALTY: $1,312; ENFORCEMENT COORDINATOR: John Paul Fennell, (512) 239-2616; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(17) COMPANY: Medina Children's Home; DOCKET NUMBER: 2017-1262-PST-E; IDENTIFIER: RN101252146; LOCATION: Medina, Bandera County; TYPE OF FACILITY: fleet refueling facility; RULES VIOLATED: 30?TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tank for releases at a frequency of at least once every month; PENALTY: $3,263; ENFORCEMENT COORDINATOR: John Paul Fennell, (512) 239-2616; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(18) COMPANY: Pasadena Refining System, Incorporated; DOCKET NUMBER: 2014-0228-MLM-E; IDENTIFIER: RN100716661; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §115.729(b) and Texas Health and Safety Code (THSC), §382.085(b), by failing to demonstrate initial compliance with the vent gas control requirements by no later than 60 days after being brought into Highly Reactive Volatile Organic Compound (HRVOC) service for the SZORB Heater {Emissions Point Number (EPN) HTLSG001}, the Crude Heater 4 (EPN HTCRU004), the Atmospheric and Vacuum Tower Heaters (EPN HTCRU001-S), and Hydrotreater RH1 and RH2 Heaters (EPNs HTREF001 and HTREF002); 30 TAC §115.726(a)(2) and THSC, §382.085(b), by failing to submit written notification to the Houston Regional Office at least 45 days prior to conducting vent gas stream testing; 30 TAC §122.132(e)(2)(A) and §122.210(a) and THSC, §382.085(b), by failing to submit an application for a revision to Federal Operating Permit (FOP) Number O1544 to add the applicable requirements for each emissions unit; 30 TAC §116.115(c) and §122.143(4), THSC, §382.085(b), FOP Number O1544, Special Terms and Conditions (STC) Numbers 1.A, 17, and 22.A.(i)2, and New Source Review (NSR) Permit Numbers 20246, 22039, and 56389 Special Conditions (SC) Number 1, by failing to comply with the permitted emissions rate; 30 TAC §116.115(c) and §122.143(4), FOP Number O1544, STC Number 17, NSR Permit Number 56389, SC Number 29.C., and THSC, §382.085(b), by failing to demonstrate initial compliance for nitrogen oxides (NOx), carbon monoxide (CO), and sulfur dioxide before the deadline for the Atmospheric and Vacuum Tower Heaters (EPN HTCRU001-S); 30 TAC §117.335(a) and §117.9020(2)(A)(ii)(I) and (C)(i), and THSC, §382.085(b), by failing to demonstrate initial compliance for NOx for Hydrotreater RH1 and RH2 Heaters (EPNs HTREF001 and HTREF002); 30 TAC §117.345(c)(1) and THSC, §382.085(b), by failing to submit a stack test report within 60 days after conducting a stack test; 30 TAC §116.115(c) and §122.143(4), FOP Number O1544, STC Numbers 1.A and 17, NSR Permit Number 56389, SC Numbers 1, 20, and 21, and THSC, §382.085(b), by failing to comply with the permitted emissions rates and emissions limits; 30 TAC §116.115(c) and §122.143(4), FOP Number O1544, STC Numbers 1.A and 17, NSR Permit Number 56389, SC Number 21, and THSC, §382.085(b), by failing to limit the CO concentration to 100 parts per million by volume corrected to 3% oxygen; 30 TAC §115.725(a)(1)(C) and §122.143(4), FOP Number O1544, STC Number 1.A, and THSC, §382.085(b), by failing to comply with the established fuel gas flow rates; 30 TAC §§101.20(1), 101.221(a), 116.115(c), and 122.143(4), FOP Number O1544, STC Number 17, 40 Code of Federal Regulations §60.18(c)(2), NSR Permit Number 56389, SC Numbers 1 and 6.B., NSR Permit Number 20246, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §116.115(c) and §122.143(4), FOP Number O1544, STC Numbers 1.A and 17, NSR Permit Number 56389, SC Numbers 1, 20, and 21, and THSC, §382.085(b), by failing to comply with the permitted emissions rates and emissions limits; and TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0000574000 Effluent Limitations and Monitoring Requirements Number 1 for Outfall Number 002, by failing to comply with the permitted effluent limitations; PENALTY: $907,191; Supplemental Environmental Project offset amount of $453,595; ENFORCEMENT COORDINATOR: Raime Hayes-Falero, (713) 767-3567; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: SEHER ENTERPRISE INCORPORATED dba Best Food Mart; DOCKET NUMBER: 2017-0890-PST-E; IDENTIFIER: RN102901535; LOCATION: Tomball, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(a)(1) and TWC, §26.3475(d), by failing to provide corrosion protection for the underground storage tank (UST) system; 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the UST system; and 30 TAC §115.225, Texas Health and Safety Code, §382.085(b), and 40 Code of Federal Regulations §63.11120(a), by failing to comply with annual Stage I vapor recovery testing requirements; PENALTY: $8,478; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(20) COMPANY: SHADY GROVE NUMBER 2 WATER SUPPLY CORPORATION; DOCKET NUMBER: 2017-1506-PWS-E; IDENTIFIER: RN101457760; LOCATION: Sulphur Springs, Hopkins County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(c)(2)(A), (h), and (i)(1), by failing to collect lead and copper tap samples at the required 20 sample sites, have the samples analyzed, and report the results to the executive director (ED) for the January 1, 2017 - June 30, 2017, monitoring period; 30 TAC §290.117(c)(2)(B), (h), and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required ten sample sites, have the samples analyzed, and report the results to the ED for the January 1, 2016 - December 31, 2016, monitoring period, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1, 2016 - December 31, 2016, monitoring period; and 30 TAC §290.117(c)(2)(C), (h), and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required ten sample sites, have the samples analyzed, and report the results to the ED for the January 1, 2013 - December 31, 2015, monitoring period, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1, 2013 - December 31, 2015, monitoring period; PENALTY: $639; ENFORCEMENT COORDINATOR: Steven Hall, (512) 239-2569; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(21) COMPANY: SOIL BUILDING SYSTEMS, INCORPORATED; DOCKET NUMBER: 2017-1516-MSW-E; IDENTIFIER: RN109611822; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: composting and recycling facility; RULES VIOLATED: 30 TAC §328.5(b), by failing to submit a Notice of Intent to the executive director prior to the commencement of recycling activities; 30 TAC §328.5(c)(1), by failing to provide a written cost estimate showing the cost of hiring a third party to close the facility by disposition of all processed and unprocessed materials; 30 TAC §328.5(f)(1) and (2), by failing to maintain recycling records to show compliance with the requirements for limitations on storage of recyclable materials and reasonable efforts to maintain source-separation of materials received by the facility; and 30 TAC §328.5(d) and §37.921, by failing to establish and maintain financial assurance for the closure of the facility that stores combustible materials outdoors; PENALTY: $4,876; ENFORCEMENT COORDINATOR: Margarita Dennis, (817) 588-5892; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(22) COMPANY: Solutia Incorporated; DOCKET NUMBER: 2017-1313-AIR-E; IDENTIFIER: RN103057568; LOCATION: Alvin, Brazoria County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §§115.354(2)(c), 116.115(c), and 122.143(4), New Source Review (NSR) Permit Number 3046, Special Conditions (SC) Number 9.F., Federal Operating Permit (FOP) Number O2317, Special Terms and Conditions (STC) Numbers 1.A and 17, and Texas Health and Safety Code (THSC), §382.085(b), by failing to conduct Leak Detection and Repair monitoring on 173 out of 184 valves in gas/vapor service during the third quarter of 2015; 30 TAC §116.115(c) and §122.143(4), NSR Permit Number 3046, SC Number 5.B., FOP Number O2317, STC Number 17, and THSC, §382.085(b), by failing to comply with the maximum liquid surface temperature of 140 degree Fahrenheit; and 30 TAC §122.143(4) and §122.145(2)(A), FOP Number O2317, General Terms and Conditions, and THSC, §382.085(b), by failing to report all instances of deviations; PENALTY: $9,682; ENFORCEMENT COORDINATOR: David Carney, (512) 239-2583; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(23) COMPANY: Southwest Convenience Stores, LLC dba 7 Eleven 57812 and 7 Eleven 57816; DOCKET NUMBER: 2016-1411-PST-E; IDENTIFIERS: RN102410701 (Facility 1) and RN102436987 (Facility 2); LOCATION: Midland, Midland County; TYPE OF FACILITY: convenience store with retail sales of gasoline and diesel fuel; RULES VIOLATED: 30?TAC §334.74, by failing to investigate a suspected release of regulated substance within 30 days of discovery (Facility 1 and 2); and 30?TAC §334.72, by failing to report a suspected release to the TCEQ within 24 hours of discovery (Facility 1 and 2); PENALTY: $37,700; ENFORCEMENT COORDINATOR: Tyler Richardson, (512) 239-4872; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (432) 570-1359.

(24) COMPANY: Sunoco Partners Marketing and Terminals L.P.; DOCKET NUMBER: 2017-1251-AIR-E; IDENTIFIER: RN100214626; LOCATION: Nederland, Jefferson County; TYPE OF FACILITY: petroleum storage terminal; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), New Source Review Permit Numbers 56508 and PSDTX1444, Special Conditions Number 1, Federal Operating Permit (FOP) Number O1573, Special Terms and Conditions Number 10, and Texas Health and Safety Code (THSC), §382.085(b), by failing to comply with the permitted annual maximum allowable emissions rate; and 30 TAC §122.145(2)(A) and §122.143(4), FOP Number O1573, General Terms and Conditions, and THSC, §382.085(b), by failing to report all instances of deviations; PENALTY: $47,195; Supplemental Environmental Project offset amount of $18,878; ENFORCEMENT COORDINATOR: David Carney, (512) 239-2583; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(25) COMPANY: UTOPIA WATER SUPPLY CORPORATION; DOCKET NUMBER: 2017-1543-PWS-E; IDENTIFIER: RN101256980; LOCATION: Utopia, Uvalde County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.44(h)(1)(A), by failing to install a backflow prevention assembly or an air gap at all residences or establishments where an actual or potential contamination hazard exists, as identified in 30 TAC §290.47(f); 30 TAC §290.46(m)(4), by failing to maintain all distribution system lines, storage and pressure maintenance facilities, water treatment units, and all related appurtenances in a watertight condition; and 30 TAC §290.42(b)(2)(C), by failing to provide all processes involving exposure of the water to atmospheric contamination with subsequent disinfection of the water ahead of ground storage tanks and be accomplished in a manner such that insects, birds, and other foreign materials will be excluded from the water; PENALTY: $250; ENFORCEMENT COORDINATOR: Paige Bond, (512) 239-2678; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

TRD-201800379

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 30, 2018


Enforcement Orders

An agreed order was adopted regarding Venus Operating Corp. dba Venus Food Mart, Docket No. 2016-1188-PST-E on January 30, 2018 assessing $4,125 in administrative penalties with $825 deferred. Information concerning any aspect of this order may be obtained by contacting John Fennell, 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 United States Department of Agriculture, Docket No. 2016-1329-PST-E on January 30, 2018 assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, 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 Naresh P. Patel dba Westside Grocery, Docket No. 2016-1490-PST-E on January 30, 2018 assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, 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 MERITOCRACY UNION INC. dba Tex Mex Food Mart 1, Docket No. 2016-1564-PST-E on January 30, 2018 assessing $5,754 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 Saakshi Inc, Docket No. 2016-1758-PST-E on January 30, 2018 assessing $4,500 in administrative penalties with $900 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.

An agreed order was adopted regarding SHIV OMKARA INC dba Bulldog Express Mart, Docket No. 2016-1871-PST-E on January 30, 2018 assessing $3,375 in administrative penalties with $675 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 Akbar Ali Momin dba Leander Grocery, Docket No. 2017-0171-PST-E on January 30, 2018 assessing $3,563 in administrative penalties with $712 deferred. Information concerning any aspect of this order may be obtained by contacting Ross Luedtke, 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 Cliff J. Chambers, Docket No. 2017-0339-OSS-E on January 30, 2018 assessing $527 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jake Marx, 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 FRANKLIN EXPRESSWAY, INC. and G & G LIONS, INC. dba Lions Den Exxon, Docket No. 2017-0545-PST-E on January 30, 2018 assessing $3,750 in administrative penalties with $750 deferred. Information concerning any aspect of this order may be obtained by contacting Margarita Dennis, 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 Shane Taylor and Conway Clary, Docket No. 2017-0635-PST-E on January 30, 2018 assessing $2,250 in administrative penalties with $450 deferred. Information concerning any aspect of this order may be obtained by contacting Jo Hunsberger, 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 Monarch Mountain Minerals & Aggregates LLC, Docket No. 2017-0639-AIR-E on January 30, 2018 assessing $2,550 in administrative penalties with $510 deferred. Information concerning any aspect of this order may be obtained by contacting Jo Hunsberger, 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 SHIVAM BUSINESS, INC. dba Lonestar Exxon, Docket No. 2017-0750-PST-E on January 30, 2018 assessing $6,879 in administrative penalties with $1,375 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.

An agreed order was adopted regarding BUFFALO CHEVRON FOOD MART, INC. dba Chevron of Buffalo, Docket No. 2017-0780-PST-E on January 30, 2018 assessing $2,567 in administrative penalties with $513 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 RAHIL INVESTMENTS INC dba West End Grocery, Docket No. 2017-0869-PST-E on January 30, 2018 assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting Caleb Olson, 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 Vishva, Inc. dba Pac N Go 905, Docket No. 2017-0903-PST-E on January 30, 2018 assessing $3,000 in administrative penalties with $600 deferred. 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 SilverBow Resources Operating, LLC, Docket No. 2017-0912-AIR-E on January 30, 2018 assessing $7,276 in administrative penalties with $1,455 deferred. Information concerning any aspect of this order may be obtained by contacting Jo Hunsberger, 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 Gulmohar Enterprises Inc dba Honey Grove Gas and Grocery, Docket No. 2017-0952-PST-E on January 30, 2018 assessing $3,129 in administrative penalties with $625 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.

An agreed order was adopted regarding Legacy Reserves Operating LP, Docket No. 2017-0970-AIR-E on January 30, 2018 assessing $4,500 in administrative penalties with $900 deferred. Information concerning any aspect of this order may be obtained by contacting Jo Hunsberger, 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 Reliant Processing Group LLC, Docket No. 2017-1014-IWD-E on January 30, 2018 assessing $5,625 in administrative penalties with $1,125 deferred. Information concerning any aspect of this order may be obtained by contacting Sandra Douglas, 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 CIRCLE K STORES INC. dba CIRCLE K 2704034, Docket No. 2017-1191-PST-E on January 30, 2018 assessing $7,500 in administrative penalties with $1,500 deferred. Information concerning any aspect of this order may be obtained by contacting Austin Henck, 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 SBE ENTERPRISES, INC. dba Ekko Fuels and Oil, Docket No. 2017-1213-PST-E on January 30, 2018 assessing $1,736 in administrative penalties with $347 deferred. Information concerning any aspect of this order may be obtained by contacting Carlos Molina, 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 SUNSHINE FOOD MART, INC. dba Sunshine Food Mart, Docket No. 2017-1237-PST-E on January 30, 2018 assessing $3,750 in administrative penalties with $750 deferred. Information concerning any aspect of this order may be obtained by contacting Caleb Olson, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-201800401

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 31, 2018


Notice of a Proposed Renewal with Amendment of General Permit TXG830000 Authorizing the Discharge of Wastewater

The Texas Commission on Environmental Quality (TCEQ or commission) is proposing to renew and amend Texas Pollutant Discharge Elimination System General Permit TXG830000. This general permit authorizes the discharge of water contaminated by petroleum substances into or adjacent to water in the state. The proposed general permit applies to the entire state of Texas. General permits are authorized by Texas Water Code, §26.040.

PROPOSED GENERAL PERMIT. The executive director has prepared a draft general permit renewal with amendments of an existing general permit that authorizes the discharge of water contaminated by petroleum substances into or adjacent to water in the state. No significant degradation of high quality waters is expected and existing uses will be maintained and protected. The executive director proposes to require certain dischargers to submit a Notice of Intent to obtain authorization to discharge.

The executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) according to Coastal Coordination Advisory Committee regulations and has determined that the action is consistent with applicable CMP goals and policies.

A copy of the proposed general permit and fact sheet are available for viewing and copying at the TCEQ Office of the Chief Clerk located at the TCEQ Austin office, at 12100 Park 35 Circle, Building F. These documents are also available at the TCEQ's 16 regional offices and on the TCEQ website at http://www.tceq.texas.gov/permitting/wastewater/general/index.html.

PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments or request a public meeting about this proposed general permit. The purpose of a public meeting is to provide the opportunity to submit written or oral comment or to ask questions about the proposed general permit. Generally, the TCEQ will hold a public meeting if the executive director determines that there is a significant degree of public interest in the proposed general permit or if requested by a state legislator. A public meeting is not a contested case hearing.

Written public comments must be received by the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at www.tceq.texas.gov/about/comments.html within 30 days from the date this notice is published.

APPROVAL PROCESS. After the comment period, the executive director will consider all the public comments and prepare a written response. The response will be filed with the TCEQ Office of the Chief Clerk at least 10 days before the scheduled commission meeting when the commission will consider approval of the general permit. The commission will consider all public comment in making its decision and will either adopt the executive director's response or prepare its own response. The commission will issue its written response on the general permit at the same time the commission issues or denies the general permit. A copy of any issued general permit and response to comments will be made available to the public for inspection at the agency's Austin office and regional offices. A notice of the commissioners' action on the proposed general permit and a copy of its response to comments will be mailed to each person who submitted a comment. Also, a notice of the commission's action on the proposed general permit and the text of its response to comments will be published in the Texas Register.

MAILING LISTS. In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices mailed by the TCEQ Office of the Chief Clerk. You may request to be added to: 1) the mailing list for this specific general permit; 2) the permanent mailing list for a specific county; or 3) both. Clearly specify the mailing lists to which you wish to be added and send your request to the TCEQ Office of the Chief Clerk at the address previously mentioned. Unless you otherwise specify, you will be included only on the mailing list for this specific general permit.

INFORMATION. If you need more information about this general permit or the permitting process, please call the TCEQ Public Education Program, toll free, at (800) 687-4040. General information about the TCEQ can be found at our website at: http://www.tceq.texas.gov.

Further information may also be obtained by calling Laurie Fleet, TCEQ Water Quality Division, at (512) 239-5445.

Si desea información en español, puede llamar (800) 687-4040.

TRD-201800344

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: January 26, 2018


Notice of Opportunity to Comment on a Default Order of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Order (DO). The commission staff proposes a DO when the staff has sent the Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 13, 2018. The commission will consider any written comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of the proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 13, 2018. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorney is available to discuss the DO and/or the comment procedure at the listed phone number; however, TWC, §7.075 provides that comments on the DO shall be submitted to the commission in writing.

(1) COMPANY: Justin Vincent; DOCKET NUMBER: 2017-0818-LII-E; TCEQ ID NUMBER: RN109698712; LOCATION: Onalaska, Polk County (Facility) and 7421 Teaswood Drive, Conroe, Montgomery County; TYPE OF FACILITY: business; RULES VIOLATED: TWC, §37.003, Texas Occupations Code, §1903.251, and 30 TAC §30.5(a), by failing to hold an irrigator license prior to selling, designing, consulting, installing, altering, repairing, or servicing an irrigation system; PENALTY: $948; STAFF ATTORNEY: Audrey Liter, Litigation Division, MC 175, (512) 239-0684; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

TRD-201800377

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 30, 2018


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

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 13, 2018. TWC, §7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239 3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711 3087 and must be received by 5:00 p.m. on March 13, 2018. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: ASHEVILLE ENTERPRISES, INC. dba Mr. T's Convenience Store; DOCKET NUMBER: 2017-1163-PST-E; TCEQ ID NUMBER: RN101998573; LOCATION: 6808 Bowman Springs Road, Arlington, Tarrant County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $3,750; STAFF ATTORNEY: Joey Washburn, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: City of White Settlement; DOCKET NUMBER: 2017-0676-PWS-E; TCEQ ID NUMBER: RN101390292; LOCATION: 214 Meadow Park Drive, White Settlement, Tarrant County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.117(c)(2)(B), (h), and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required sample sites, have the samples analyzed, and report the results to the executive director (ED), and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples; 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year and failing to submit to the TCEQ by July 1st of each year a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with the compliance monitoring data; and 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the notification to the ED regarding the failure to submit a Disinfectant Level Quarterly Operating Report; PENALTY: $1,950; STAFF ATTORNEY: Adam Taylor, Litigation Division, MC 175, (512) 239-3345; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: GUL ENTERPRISES LLC dba Texaco Corner; DOCKET NUMBER: 2016-0591-PST-E; TCEQ ID NUMBER: RN102352911; LOCATION: 2700 East 5th Street, Tyler, Smith County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $4,500; STAFF ATTORNEY: Amanda Patel, Litigation Division, MC 175, (512) 239-3990; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(4) COMPANY: Howard C. Bigham Jr. dba Key Mobile Home Park; DOCKET NUMBER: 2017-0571-PWS-E; TCEQ ID NUMBER: RN101246262; LOCATION: 2116 Tuscola Avenue near Snyder, Scurry County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.110(e)(4)(A) and (f)(3) and TCEQ Order Docket Number 2013-2230-PWS-E, Ordering Provision Number 2.d.ii., by failing to submit a Disinfectant Level Quarterly Operating Report (DLQOR) to the executive director (ED); 30 TAC §290.117(c)(2)(B), (h), and (i)(1) and TCEQ Order Docket Number 2013-2230-PWS-E, Ordering Provision Number 2.d.i., by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the ED; 30 TAC §290.117(c)(2)(A), (h), and (i)(1) and TCEQ Order Docket Number 2013-2230-PWS-E, Ordering Provision Number 2.d.i., by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the ED; 30 TAC §290.117(i)(6) and (j), by failing to mail consumer notification of lead tap water monitoring results to persons served at the locations that were sampled and failing to submit to the TCEQ a copy of the consumer notification and certification that the consumer notification had been distributed to the persons served at the locations in a manner consistent with TCEQ requirements; 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st for each year and failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ; 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a DLQOR to the ED and the failure to collect lead and copper tap samples; 30 TAC §290.46(f)(2), (3)(A)(i)(III), (ii)(III), and (B)(iii) and TCEQ Order Docket Number 2015-0103-PWS-E, Ordering Provision Number 2.a., by failing to maintain water works operation and maintenance records and make them readily available to commission personnel upon request; 30 TAC §290.44(i) and TCEQ Order Docket Number 2015-0103-PWS-E, Ordering Provision Number 2.c., by failing to obtain an approval from the ED prior to supplying drinking water distributed by a tanker truck or trailer to persons served by the facility; 30 TAC §290.46(i), by failing to adopt an adequate plumbing ordinance, regulations, or service agreement with provisions for proper enforcement to ensure that neither cross-connection nor other unacceptable plumbing practices are permitted; 30 TAC §290.46(z), by failing to create a nitrification action plan for a system distributing chloraminated water; 30 TAC §290.42(e)(3)(G), by failing to obtain an exception, in accordance with 30 TAC §290.39(l), prior to blending water containing chloramines and water containing free chlorine; 30 TAC §290.46(f)(2), (3)(B)(iv), and (D)(ii), by failing to maintain water works operation and maintenance records and make them readily available to commission personnel upon request; and Texas Health and Safety Code, §341.0315(c) and 30 TAC §290.46(d)(2)(B) and §290.110(b)(4), by failing to maintain a disinfectant residual of at least 0.5 milligrams per liter of chloramine (measured as total chlorine), throughout the distribution system at all times; PENALTY: $3,614; STAFF ATTORNEY: Ian Groetsch, Litigation Division, MC 175, (512) 239-2225; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(5) COMPANY: ICR Energy LLC dba Bitters Road Express Grocery & Dry Cleaners; DOCKET NUMBER: 2016-2093-MLM-E; TCEQ ID NUMBER: RN102980265; LOCATION: 1005 West Bitters Road, San Antonio, Bexar County; TYPE OF FACILITY: dry cleaning drop station; underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: Texas Health and Safety Code, §374.102(a) and 30 TAC §337.10(a)(1) and (2), by failing to complete and submit the required registration form to the TCEQ for a dry cleaning facility and/or drop station facility; TWC, §26.3475(a) and 30 TAC §334.50(b)(1)(A), by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(2)(A)(i)(III), by failing to provide release detection for the pressurized piping associated with the UST system; 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; TWC, §26.3467(a) and 30 TAC §334.8(c)(5)(A)(i), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the UST; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the UST identification 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 according to the UST registration and self-certification form; TWC, §26.3475(c)(2) and 30 TAC §334.42(i), by failing to inspect all sumps, including dispenser sumps, manways, overspill containers or catchment basins associated with a UST system at least once every 60 days to ensure that their sides, bottoms, and any penetration points are maintained liquid tight and free of any liquid or debris; and 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $18,440; STAFF ATTORNEY: Amanda Patel, Litigation Division, MC 175, (512) 239-3990; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(6) COMPANY: RIJAL TRADERS, INC. dba Mercado Food & Fuels; DOCKET NUMBER: 2016-0136-PST-E; TCEQ ID NUMBER: RN102978657; LOCATION: 301 East Avenue G, Conroe, Montgomery County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); TWC, §26.3475(a) and 30 TAC §334.50(b)(2)(A)(i)(III), by failing to test the line leak detectors at least once per year for performance and operational reliability; TWC, §26.3475(a) and 30 TAC §334.50(b)(2)(A)(ii), by failing to provide release detection for the pressurized piping associated with the UST system; and 30 TAC §334.50(d)(1)(B), by failing to conduct inventory control procedures including volume measurement reconciliation of detailed inventory control records at least once a month, in a manner sufficiently accurate to detect a release which equals or exceeds the sum of 1.0 % of the total substance flow through for the month plus 130 gallons; PENALTY: $5,607; STAFF ATTORNEY: Ian Groetsch, Litigation Division, MC 175, (512) 239-2225; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(7) COMPANY: SEMINOLE VENTURES LLC dba Alsbury Food Mart; DOCKET NUMBER: 2017-0644-PST-E; TCEQ ID NUMBER: RN102021508; LOCATION: 776 Northeast Alsbury Boulevard, Burleson, Tarrant County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); TWC, §26.3475(d) and 30 TAC §334.49(a)(4), by failing to provide corrosion protection for the UST system; and 30 TAC §334.10(b) and 30 TAC §334.51(c)(1), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; PENALTY: $7,313; STAFF ATTORNEY: Isaac Ta, Litigation Division, MC 175, (512) 239-0683; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-201800376

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 30, 2018


Notice of Public Hearing on Proposed Revisions

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 TAC Chapter 305, Consolidated Permits, §305.541, under the requirements of Texas Government Code, Chapter 2001, Subchapter B.

The proposed rulemaking would amend §305.541 to adopt by reference 40 Code of Federal Regulations Part 441 as published on June 14, 2017, in the Federal Register (82 FedReg 27154 - 27178) and minor corrections to the rule that were published in the Federal Register on June 26, 2017, and July 5, 2017, (82 FedReg 28777; 82 FedReg 30997). The proposed rulemaking would also adopt by reference the United States Environmental Protection Agency's Effluent Limitations Guidelines and Standards for the Dental Category.

The commission will hold a public hearing on this proposal in Austin on March 8, 2018, at 2:00 p.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing.

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

Written comments may be submitted to Ms. Kris Hogan, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: http://www1.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2017-009-305-OW. The comment period closes on March 12, 2018. Copies of the proposed rulemaking can be obtained from the commission's website at http://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Laurie Fleet, Wastewater Permitting Section, at (512) 239-5445.

TRD-201800346

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: January 26, 2018


Notice of Water Rights Application

Notices issued January 25, 2018

APPLICATION NO. 13340; The City of Wichita Falls, 600 11th Street Room 209, Wichita Falls, Texas 76301, Applicant, seeks a temporary water use permit to divert and use not to exceed 20 acre-feet of water over a two-year period from Plum Creek at a maximum diversion rate of 0.22 cfs (100 gpm), for agricultural purposes in Wichita County. The application and fees were received on September 23, 2016. Additional information and fees were received on April 28, 2017. The application was declared administratively complete and filed with the Office of the Chief Clerk on June 22, 2017. The Executive Director completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would include special conditions including, but not limited to, installing a measuring device for diversions. 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 February 9, 2018.

APPLICATION NO. 13419; Magellan Terminals Holdings, L.P., One Williams Center, OTC-8, Tulsa, Oklahoma 74172, Applicant, seeks a temporary water use permit to divert and use not to exceed 200 acre-feet of water within a period of three years from a point on Buffalo Bayou (Houston Ship Channel), San Jacinto River Basin for industrial purposes in Harris County. The application and fees were received on August 14, 2017. Additional information and fees were received on September 21 and September 26, 2017. The application was declared administratively complete and filed with the Office of the Chief Clerk on October 24, 2017. The Executive Director completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would include special conditions including, but not limited to, installing a measuring device for diversions. 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 the Chief Clerk, at the address provided in the information section below, by February 9, 2018.

APPLICATION NO. 18-2445A; Camp Mystic, Inc., Route 2, Box 257, Hunt, Texas 78024, Applicant, seeks to amend Certificate of Adjudication No. 18-2445 to authorize an existing dam and reservoir with a capacity of 15 acre-feet on Cypress Creek, Guadalupe River Basin for recreational purposes in Kerr County. The application does not request a new appropriation of water or to increase the amount of water authorized to be stored, taken, or diverted. The application and partial fees were received on April 28, 2015. Additional information and fees were received on October 5 and October 27, 2016, and June 23, 2017. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on July 12, 2017. The Executive Director has completed the technical review of the application and prepared a draft amendment. The amendment, if granted, would include special conditions including, but not limited to, maintaining the reservoir full at all time with an alternate source of water. 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, within 30 days of the date of newspaper publication of the notice.

To view the complete issued notice, view the notice on our website at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the website, type in the issued date range shown at the top of this document to obtain search results.

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

The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement [I/we] request a contested case hearing; and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided 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 website at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.

TRD-201800402

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 31, 2018


Update to the Water Quality Management Plan

The Texas Commission on Environmental Quality (TCEQ or commission) requests comments from the public on the draft January 2018 Update to the WQMP for the State of Texas.

Download the draft January 2018 WQMP Update at https://www.tceq.texas.gov/permitting/wqmp/WQmanagement_updates.html or view a printed copy at the TCEQ Library, Building A, 12100 Park 35 Circle, Austin, Texas.

The WQMP is developed and promulgated in accordance with the requirements of Federal Clean Water Act, §208. The draft update includes projected effluent limits of specific domestic dischargers, which may be useful for planning in future permit actions. The draft update may also contain service area populations for listed wastewater treatment facilities, designated management agency information, and total maximum daily load (TMDL) revisions.

Once the commission certifies a WQMP update, it is submitted to the United States Environmental Protection Agency (EPA) for approval. For some Texas Pollutant Discharge Elimination System (TPDES) permits, the EPA's approval of a corresponding WQMP update is a necessary precondition to TPDES permit issuance by the commission.

Deadline

All comments must be received at the TCEQ no later than 5:00 p.m. on March 12, 2018.

How to Submit Comments

Comments must be submitted in writing to:

Nancy Vignali

Texas Commission on Environmental Quality

Water Quality Division, MC 150

P.O. Box 13087

Austin, Texas 78711-3087

Comments may also be faxed to (512) 239-4420, but must be followed up with written comments by mail within three working days of the fax date or by the comment deadline, whichever is sooner.

For further information, or questions, please contact Ms. Vignali at (512) 239-1303 or by email at Nancy.Vignali@tceq.texas.gov.

TRD-201800378

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: January 30, 2018


Texas Ethics Commission

List of Late Filers

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

Deadline: Personal Financial Statement due October 23, 2017

#00081802 - Michael Dokupil, 4212 San Felipe, Suite 410, Houston, Texas 77027

TRD-201800306

Seana Willing

Executive Director

Texas Ethics Commission

Filed: January 25, 2018


Texas Lottery Commission

Scratch Ticket Game Number 2071 "Lucky Dog"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2071 is "LUCKY DOG". The play style is "key symbol match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2071 shall be $1.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2071.

A. Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket.

C. Play Symbol- The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are:

MAX PLAY SYMBOL, CHARLIE PLAY SYMBOL, COCO PLAY SYMBOL, SPOT PLAY SYMBOL, RUSS PLAY SYMBOL, JACK PLAY SYMBOL, FIDO PLAY SYMBOL, MOLLY PLAY SYMBOL, BRUCE PLAY SYMBOL, ROCKY PLAY SYMBOL, LOLA PLAY SYMBOL, ROVER PLAY SYMBOL, BUDDY PLAY SYMBOL, DUKE PLAY SYMBOL, SPIKE PLAY SYMBOL, SOPHIE PLAY SYMBOL, BUSTER PLAY SYBMOL, RUFUS PLAY SYMBOL, DINO PLAY SYMBOL, SADIE PLAY SYMBOL, GINGER PLAY SYMBOL, BAILEY PLAY SYMBOL, $1, $2, $5, $10, $20, $50, $100 and $500.

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

Figure 1: GAME NO. 2071 - 1.2D (.pdf)

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

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

G. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2071), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 150 within each Pack. The format will be: 2071-0000001-001.

H. Pack - A Pack of the "LUCKY DOG" Scratch Ticket Game contains 150 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; Tickets 006 to 010 on the next page; etc.; and Tickets 146 to 150 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of Ticket 001 and 010 will be exposed.

I. Non-Winning Scratch Ticket - A Scratch Ticket which is not programmed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "LUCKY DOG" Scratch Ticket Game No. 2071.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "LUCKY DOG" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 8 (eight) Play Symbols. If a player matches any of the YOUR DOGS Play Symbols to the WINNING DOG Play Symbol, the player wins the PRIZE for that dog. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly 8 (eight) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket;

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

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

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

5. The Scratch Ticket shall be intact;

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

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

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

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

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

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

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

13. The Scratch Ticket must be complete and not miscut, and have exactly 8 (eight) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Scratch Ticket Number on the Scratch Ticket;

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

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

16. Each of the 8 (eight) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 8 (eight) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of either Play Symbols or Prize Symbols.

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

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

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

E. No matching non-winning Prize Symbols on a Ticket, unless restricted by other parameters, play action or prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "LUCKY DOG" Scratch Ticket Game prize of $1.00, $2.00, $5.00, $10.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $100 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B of these Game Procedures.

B. As an alternative method of claiming a "LUCKY DOG" Scratch Ticket Game prize, the claimant must sign the winning Scratch Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct:

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "LUCKY DOG" Scratch Ticket Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the "LUCKY DOG" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Scratch Ticket Ownership.

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

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

4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 9,120,000 Scratch Tickets in Scratch Ticket Game No. 2071. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2071 - 4.0 (.pdf)

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

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 2071 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Scratch Ticket Game Rules. See 16 TAC §401.302(j).

6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 2071, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-201800382

Bob Biard

General Counsel

Texas Lottery Commission

Filed: January 30, 2018


Public Utility Commission of Texas

Major Consulting Services Contract

RFP No. 473-17-00005, Project No. 47410

Contract No. 473-17-00005 for a financial audit of the Texas Universal Service Fund and internal control audit of the Texas Universal Service Fund Administrator.

Consultant:

Hurlbert CPA, LLC

P.O. Box 615

Liberty, MO 64063

Contract No. 473-17-00005 expires April 30, 2021

Compensation: $159,000

Contractor will submit a draft audit for FY 2017 by March 15, 2018, and a final audit by May 15, 2018.

For FY 2018, 2019, 2020 - Draft audit due by the last working day in January following the close of the fiscal year audited. Final audit due by the last working day in March following the close of the fiscal year audited.

Public Utility Commission of Texas

1701 N. Congress Avenue

Austin, TX 78711

Point of contact: jay.stone@puc.texas.gov

Publication in Texas Register after entering into major consulting services contract required by Texas Government Code §2254.030.

TRD-201800380

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2018


Notice of Application to Amend 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 January 29, 2018, in accordance with Public Utility Regulatory Act §§54.151 - 54.156.

Docket Title and Number: Application of Aeon Communications, LLC for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 47993.

Applicant seeks to amend service provider certificate of operating authority number 60882 to reflect discontinuation of certain telecommunications services and to permanently withdraw from offering any services in the State of Texas.

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 (888) 782-8477 no later than February 23, 2018. 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 47993.

TRD-201800391

Andrea Gonzalez

Assistant Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2018


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

Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 24, 2018, to amend certificates of convenience and necessity in Medina County.

Docket Style and Number: Application of the City of Castroville to Amend its Water Certificate of Convenience and Necessity and to Decertify a Portion of New Alsace Water Supply Corporation's Service Area in Medina County, Docket Number 47985.

The Application: The City of Castroville filed an application to amend its water certificate of convenience and necessity (CCN) No. 10218 and to decertify a portion of New Alsace Water Supply Corporation's service area under CCN No. 12558 in Medina County. The total area being requested includes approximately 7 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 47985.

TRD-201800384

Andrea Gonzalez

Assistant Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2018


Notice of Application to Amend Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 17, 2018, to amend a certificate of convenience and necessity (CCN) in Hays County.

Docket Style and Number: Application of the City of Dripping Springs to Amend a Water Certificate of Convenience and Necessity in Hays County, Docket Number 47957.

The Application: The City of Dripping Springs filed an application to amend its water CCN No. 13030 to add service area in Hays County. The total area being requested includes approximately 522 acres and zero 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 47957.

TRD-201800386

Andrea Gonzalez

Assistant Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2018


Notice of Application to Amend Water Certificates of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) on January 23, 2018, of an application to amend water certificates of convenience and necessity (CCN) in Rockwall and Kaufman Counties.

Docket Style and Number: Application of the City of Heath to Amend a Water Certificate of Convenience and Necessity Under Water Code §13.255 and to Decertify a Portion of Forney Lake Water Supply Corporation's Service Area in Rockwall and Kaufman Counties, Docket Number 47979.

The Application: The City of Heath filed an application to amend water CCN No. 12060 to provide water service to the Forney Lake Water Supply Corporation's (FLWS) CCN area and to decertify a portion of the FLWS CCN No. 10086 in Rockwall and Kaufman Counties. The total area being removed from CCN No. 10086 includes approximately 2,600 acres and 839 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 47979.

TRD-201800330

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 25, 2018


Texas Racing Commission

Notice of Deadline

Pursuant to §3.13 of the Texas Racing Act, Texas Revised Civil Statutes Ann. Art. 179e, and Title 16, Texas Administrative Code §309.299, the Executive Director for the Texas Racing Commission provides notice that Monday, March 1, 2018, is the deadline to request Commission recognition as the horsemen's representative organization.

Section 3.13 of the Texas Racing Act authorizes the Commission to recognize an organization to represent members of a segment of the racing industry, including owners, breeders, trainers, kennel operators, and other persons involved in the racing industry. In 16 TAC §309.299, the Commission has adopted criteria for being recognized as the organization to represent horse owners and trainers. This organization will be responsible for negotiating with each licensed racetrack regarding the racetrack's live racing programs, including but not limited to the allocation of purse money to various live races, the exporting of simulcast signals, and the importing of simulcast signals during live race meetings.

To be eligible for recognition as the horsemen's representative organization, each officer and director of the organization during the two-year term of the recognition must be licensed by the Commission as an owner or trainer. The Commission will also review the experience and qualifications of the organization's directors, executive officers, and management personnel, the organization's benevolence programs, and the degree to which the organization's membership represents a fair and equitable cross-section of the horse owners and trainers participating at each of the racetracks in this state. The organization is subject to audit by the Texas Racing Commission.

To request recognition, an organization must file a written request on a form prescribed by the Executive Director. To obtain a copy of the form or for more information, interested persons should contact Devon Bijansky, General Counsel, Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711-2080, (512) 833-6699, FAX (512) 833-6907.

TRD-201800304

Devon Bijansky

General Counsel

Texas Racing Commission

Filed: January 24, 2018