IN ADDITION

Office of the Attorney General

Settlement of Claims for Federal Clean Air Act, Texas Clean Air Act, and Texas Water Code Violations

Notice is hereby given by the State of Texas of the proposed resolution of claims under the federal Clean Air Act, the Texas Clean Air Act, and the Texas Water Code. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of applicable laws.

Case Title and Court: United States of America, the Louisiana Department of Environmental Quality, and State of Texas v. Sid Richardson Carbon, Ltd., Cause No. 3:17-cv-01792-SDD-RLB, in the United States District Court for the Middle District of Louisiana.

Nature of Defendant's Operations: Defendant operates carbon black manufacturing plants in Texas and Louisiana, including facilities in Big Spring and Borger, Texas. In the joint Complaint, the United States, the State of Louisiana, and the State of Texas allege that Defendant made modifications to the plants to increase production without obtaining the necessary permits and installing necessary controls to reduce the emission of sulfur dioxide, nitrogen oxides, and particulate matter. Plaintiffs allege violations of (1) the federal Clean Air Act ("the Act"), 42 U.S.C. §§7412, 7413(b) and 7477; (2) the Texas Clean Air Act, Tex. Health and Safety Code Chapter 382, (3) Texas Water Code Chapter 7 (4), the Prevention of Significant Deterioration ("PSD") provisions of the Act, 42 U.S.C. §§7470-7492; (5) the nonattainment New Source Review provisions of the Act, 42 U.S.C. §§7501-7515; (6) the federally approved and enforceable PSD and New Source Review regulations set forth in the Louisiana and Texas State Implementation Plans, 40 C.F.R. §§52.21, 52.2299, 52.2303, 52.970, 52.999; LAC 33:III.504, 33:III.509.B; 30 Tex. Admin. Code §§116.12, 116.110, 116.111, 116.160; (7) Title V of the Act, 42 U.S.C. §§7661-7661f and the federally approved Texas Title V program, 30 Tex. Admin. Code, Subchapter B, Division 3, including certain operating permit requirements; (8) the National Emission Standards for Hazardous Air Pollutants ("NESHAP") provisions of the Act, 42 U.S.C. §7412, 40 C.F.R. Part 63, Subpart YY and related Texas regulations including 30 Tex. Admin. Code §§101.20, 113.560, 122.142; and (9) the Borger, Texas plant's operating permit issued by the Texas Commission on Environmental Quality, including unpermitted NOx emissions violating the terms of the permit and 30 Tex. Admin. Code §§116.115.

Nature of Settlement: The lawsuit will be settled by a consent decree in federal court.

Proposed Settlement: The proposed settlement agreement orders Defendant to pay $999,000 in civil penalties, to be equally divided between the United States, Louisiana, and Texas; and $10,000 in attorney's fees to the State of Texas. In addition, the settlement requires Defendant to implement a range of injunctive relief measures, including: (1) installation and operation of selective catalytic reduction, dry and wet flue gas desulfurization, nitrogen oxide continuous emissions monitors, and sulfur dioxide continuous emissions monitors; and compliance with all emissions limits; (2) compliance with a fugitive emissions best management practices control plan; (3) operation of an early warning particulate matter detection system; (4) cessation of operation of flares at all plants; and (5) commissioning a third party mechanical and structural "integrity assessment" at its Borger facility to find, fix and replace tail gas release points.

For a complete description of the proposed settlement, the complete proposed consent decree should be reviewed. Requests for copies of the consent decree and written comments on the proposed settlement should be directed to Phillip Ledbetter, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

TRD-201705408

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: December 28, 2017


Comptroller of Public Accounts

Notice of Contract Amendment

The Texas Comptroller of Public Accounts announces this notice of amendment of two (2) contracts for financial advisor services awarded under Request for Proposals No. 213a. The amendments extend the term of the contracts through December 31, 2018. The RFP was published in the October 30, 2016, issue of the Texas Register (40 TexReg 7711). The Notice of Award was published in the February 26, 2016, issue of the Texas Register (41 TexReg 1524).

The contracts awarded are:

1. George K. Baum & Company, 8115 Preston Road, Suite 650, Dallas, Texas 75225. The total amount of the contract is not to exceed $25,000.00. The term of the contract is January 29, 2016, through December 31, 2018, with option to renew for one (1) additional one-year period.

2. PFM Financial Advisors, LLC, 221 W. 6th Street, Ste. 1900, Austin, Texas 78701. The total amount of the contract is not to exceed $25,000.00. The term of the contract is February 10, 2016, through December 31, 2018, with option to renew for one (1) additional one-year period.

TRD-201705421

Cynthia Stapper

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: December 29, 2017


Notice of Contract Amendment

The Texas Comptroller of Public Accounts announces the amendment of a financial advisor services contract with George K. Baum & Company, 8115 Preston Road, Suite 650, Dallas, Texas 75225 ("Contractor"), awarded under Request for Proposals No. 215a ("RFP"). The Amendment extends the term of the contract through December 31, 2018. The total amount of the contract is $58,398.00 per Note issuance plus approved out-of-state travel. The term of the contract is May 19, 2016, through December 31, 2018, with option to renew for one (1) additional one-year period.

The RFP was published in the February 5, 2016, issue of the Texas Register (41 TexReg 998). The Notice of Award was published in the June 3, 2016, issue of the Texas Register (41 TexReg 4067).

TRD-201705422

Cynthia Stapper

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: December 29, 2017


Notice of Contract Amendment

The Texas Comptroller of Public Accounts announces the amendment of legal counsel services contracts awarded under Request for Proposals No. 215b ("RFP") for bond counsel for the issuance of Tax and Revenue Anticipation Notes, Commercial Paper Notes, or other debt instruments authorized under Chapter 404, Subchapter H, of the Texas Government Code ("Note"). The amendments extend the term of the contracts through December 31, 2018.

The two contracts awarded are:

Andrews Kurth LLP, 111 Congress Avenue, Suite 1700, Austin, Texas 78701. The amount of the contract is $100,000 per Note issuance. The term of the contract is June 6, 2016, through December 31, 2018.

Bracewell LLP, 111 Congress Avenue, Suite 2300, Austin, Texas 78701-4061. The amount of the contract is $100,000 per Note issuance. The term of the contract is June 10, 2016, through December 31, 2018.

The RFP was published in the February 19, 2016, issue of the Texas Register (41 TexReg 1270). The Notice of Award was published in the July 22, 2016, issue of Texas Register (41 TexReg 5455).

TRD-201705454

Cynthia Stapper

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: December 29, 2017


Notice of Request for Proposals

Pursuant to Section 403.452 and Chapter 771 of the Texas Government Code, the Texas Comptroller of Public Accounts ("Comptroller") announces its Request for Proposals No. 219n ("RFP 219n") for Endangered Species Research Projects for Effects of Coastal Habitat from Beach Access and Use on Species of Interest. The successful respondent(s), if any, will be expected to begin performance of the contract on or after March 23, 2018.

Contact: Parties interested in submitting a proposal should contact Cindy Stapper, Assistant General Counsel, Contracts Section, Texas Comptroller of Public Accounts, 111 E. 17th St., Rm. 201, Austin, Texas, 78774 ("Issuing Office"), telephone number: (512) 305-8673. Comptroller will make the entire RFP available electronically on the Electronic State Business Daily ("ESBD") at: http://www.txsmartbuy.com/sp on Friday, January 12, 2018, after 10:00 a.m. Central Time. The times stated in this notice refer to Central Time, Austin, Texas.

Questions: All written questions must be received in the Issuing Office not later than 2:00 p.m. on Friday, February 2, 2018. Prospective respondents are encouraged to fax or e-mail Questions to (512) 463-3669 or contracts@cpa.texas.gov to ensure timely receipt. On or about Friday, February 16, 2018, Comptroller expects to post responses to questions on the ESBD. Respondents are solely responsible for verifying timely receipt of Questions in the Issuing Office. Late questions will not be considered under any circumstances.

Closing Date: Proposals must be delivered to the Issuing Office no later than 2:00 p.m., on Thursday, March 1, 2018. Proposals received in the Issuing Office after this time and date will not be considered. Respondents shall be solely responsible for ensuring the timely receipt of Proposals in the Issuing Office.

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. Comptroller will make the final decision on award(s). Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is not obligated to execute a contract on the basis of this notice or the distribution of any RFP. Comptroller shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP- January 12, 2018, after 10:00 a.m.; Questions Due- February 2, 2018, 2:00 p.m.; Official Responses to Questions post - February 16, 2018, or as soon thereafter as practical; Proposals Due - March 1, 2018, 2:00 p.m. CT; Contract Execution - March 23, 2018, or as soon thereafter as practical; and Commencement of Work - on or after March 23, 2018. Comptroller reserves the right, in its sole discretion, to change the dates listed for the anticipated schedule of events. Any changes to this solicitation will be posted on the ESBD as a RFP Addendum. It is the responsibility of interested parties to periodically check the ESBD for updates to the RFP prior to submitting a Response.

TRD-201705419

Cindy Stapper

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: December 29, 2017


Notice of Request for Proposals

Pursuant to Section 403.452 and Chapter 771 of the Texas Government Code, the Texas Comptroller of Public Accounts ("Comptroller") announces its Request for Proposals No. 219o ("RFP 219o") for Endangered Species Research Projects for Effects of Coastal Habitat Alteration from Dredging on Species of Interest. The successful respondent(s), if any, will be expected to begin performance of the contract on or after March 23, 2018.

Contact: Parties interested in submitting a proposal should contact Cindy Stapper, Assistant General Counsel, Contracts Section, Texas Comptroller of Public Accounts, 111 E. 17th St., Rm. 201, Austin, Texas, 78774 ("Issuing Office"), telephone number: (512) 305-8673. Comptroller will make the entire RFP available electronically on the Electronic State Business Daily ("ESBD") at: http://www.txsmartbuy.com/sp on Friday, January 12, 2018, after 10:00 a.m. Central Time. The times stated in this notice refer to Central Time, Austin, Texas.

Questions: All written questions must be received in the Issuing Office not later than 2:00 p.m. on Friday, February 2, 2018. Prospective respondents are encouraged to fax or e-mail Questions to (512) 463-3669 or contracts@cpa.texas.gov to ensure timely receipt. On or about Friday, February 16, 2018, Comptroller expects to post responses to questions on the ESBD. Respondents are solely responsible for verifying timely receipt of Questions in the Issuing Office. Late questions will not be considered under any circumstances.

Closing Date: Proposals must be delivered to the Issuing Office no later than 2:00 p.m., on Thursday, March 1, 2018. Proposals received in the Issuing Office after this time and date will not be considered. Respondents shall be solely responsible for ensuring the timely receipt of Proposals in the Issuing Office.

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. Comptroller will make the final decision on award(s). Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is not obligated to execute a contract on the basis of this notice or the distribution of any RFP. Comptroller shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - January 12, 2018, after 10:00 a.m.; Questions Due - February 2, 2018, 2:00 p.m.; Official Responses to Questions post - February 16, 2018, or as soon thereafter as practical; Proposals Due - March 1, 2018, 2:00 p.m. CT; Contract Execution - March 23, 2018, or as soon thereafter as practical; and Commencement of Work - on or after March 23, 2018. Comptroller reserves the right, in its sole discretion, to change the dates listed for the anticipated schedule of events. Any changes to this solicitation will be posted on the ESBD as a RFP Addendum. It is the responsibility of interested parties to periodically check the ESBD for updates to the RFP prior to submitting a Response.

TRD-201705420

Cindy Stapper

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: December 29, 2017


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §303.003 and §303.009, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 01/01/18 - 01/07/18 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 01/01/18 - 01/07/18 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-201705396

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: December 27, 2017


Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.005, and 303.009, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 01/08/18 - 01/14/18 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 01/08/18 - 01/14/18 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.005 and 303.0093 for the period of 01/01/18 - 01/31/18 is 18% or Consumer/Agricultural/Commercial credit through $250,000.

The monthly ceiling as prescribed by §303.005 and 303.009 for the period of 01/01/18 - 01/31/18 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.

3 For variable rate commercial transactions only.

TRD-201800006

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: January 2, 2018


Texas Education Agency

Request for Applications Concerning the 2018-2019 Grow Your Own

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under RFA #701-18-106 from eligible applicants, which include local educational agencies (LEAs) and institutions of higher education (IHEs). Education service centers (ESCs) and IHEs may apply as fiscal agents.

Description. The purpose of the Grow Your Own grant program is to increase the quality and diversity of the teaching force, especially for small and/or rural districts. Applicants may select one or more pathways to achieve this goal. Pathway 1 focuses on the recruitment of future educators beginning in high school by offering education and training courses with the future potential of dual credit opportunities to current high school students. In order to teach the identified dual credit courses, teachers are required to have a master's degree. Pathway 2 focuses on the recruitment and support of paraprofessionals, instructional aides, and substitutes currently employed by the LEA to transition to certified, full-time teaching roles within the LEA. Pathway 3 focuses on developing well-qualified teacher candidates through a year-long clinical teaching assignment.

Dates of Project. The 2018-2019 Grow Your Own grant program will be implemented during the 2018-2019 and 2019-2020 school years for Pathways 1 and 2. Pathway 3 grants will be implemented during the 2018-2019 school year. All applicants should plan for a starting date of no earlier than April 13, 2018. Applicants for Pathways 1 and 2 should plan for an ending date of no later than May 31, 2020. Applicants for Pathway 3 should plan for an ending date of no later than June 30, 2019.

Project Amount. Approximately $3.04 million is available for funding the 2018-2019 Grow Your Own grant program. It is anticipated that approximately 100 grants will be awarded. Please see the Program Guidelines for additional information about the range of awards. The Program Guidelines will be posted on the TEA Grant Opportunities web page at http://tea4avoswald.tea.state.tx.us/GrantOpportunities/forms/GrantProgramSearch.aspx. In the "Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view and download all documents that pertain to this RFA. This project is funded 100 percent with state funds.

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

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

Applicants' Conference. A pre-recorded webinar will be posted on Thursday, February 1, 2018. The webinar will be posted on the TEA Grant Opportunities web page. In the "Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view and download all documents that pertain to this RFA. Questions relevant to the RFA may be emailed to Grace Wu at grace.wu@tea.texas.gov prior to Monday, January 29, 2018. These questions, along with other information, will be addressed during the webinar. The applicants' conference webinar will be available to all potential applicants and will provide general and clarifying information about the grant program and RFA.

Requesting the Application. The announcement letter and complete RFA will be posted on the TEA Grant Opportunities web page. In the "Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view and download all documents that pertain to this RFA.

Further Information. To make sure that no prospective applicant obtains a competitive advantage because of acquisition of information unknown to other prospective applicants, any and all questions must be submitted in writing to grace.wu@tea.texas.gov, the TEA email address identified in the program guidelines of the RFA, no later than Monday, February 12, 2018. All questions and the written answers thereto will be posted on the TEA Grant Opportunities web page in the format of Frequently Asked Questions (FAQs) by Monday, February 26, 2018. In the "Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.

Deadline for Receipt of Applications. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Tuesday, March 13, 2018, to be eligible to be considered for funding. TEA will not accept applications by email. Applications may be delivered to the TEA visitors' reception area on the second floor of the William B. Travis Building, 1701 North Congress Avenue (at 17th Street and North Congress, two blocks north of the Capitol), Austin, Texas 78701 or mailed to Document Control Center, Division of Grants Administration, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494.

TRD-201800018

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: January 3, 2018


Request for Applications Concerning the 2018-2019 Principal Preparation Grant

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under RFA #701-18-105 from eligible applicants, which include local educational agencies (LEAs) that are eligible for 2017-2018 Title II, Part A funding. Education service centers (ESCs) may apply as fiscal agents.

Description. The purpose of the 2018-2019 Principal Preparation Grant is to provide eligible LEAs funding to build strong campus leaders through principal residencies. LEAs that are awarded this grant will have the opportunity to identify strong principal candidates from among their current staff; partner with an effective principal preparation program that provides training focused on best practices in campus leadership, including a concentrated focus in instructional leadership; and offer candidates authentic campus-based leadership experiences throughout their residency year.

Dates of Project. The 2018-2019 Principal Preparation Grant will be implemented during the 2018-2019 school year. Applicants should plan for a starting date of no earlier than April 13, 2018, and an ending date of no later than June 30, 2019.

Project Amount. Approximately $4.67 million is available for funding the 2018-2019 Principal Preparation Grant. It is anticipated that approximately 120 grants will be awarded ranging in amounts from $13,000 to $130,000. Funding will be determined by the number of residents per LEA.

LEAs will receive $13,000 per resident. LEAs will receive funding for a maximum of 10 residents. This project is funded 100 percent with federal funds.

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

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

Applicants' Conference. A pre-recorded webinar will be posted on Thursday, February 1, 2018. The webinar will be posted on the TEA Grant Opportunities web page at http://tea4avoswald.tea.state.tx.us/GrantOpportunities/forms/GrantProgramSearch.aspx. In the "Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view and download all documents that pertain to this RFA. Questions relevant to the RFA may be emailed to Brenda Garcia at brenda.garcia@tea.texas.gov prior to Monday, January 29, 2018. These questions, along with other information, will be addressed during the webinar. The applicants' conference webinar will be available to all potential applicants and will provide general and clarifying information about the grant program and RFA.

Requesting the Application. The announcement letter and complete RFA will be posted on the TEA Grant Opportunities web page. In the "Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view and download all documents that pertain to this RFA.

Further Information. To make sure that no prospective applicant obtains a competitive advantage because of acquisition of information unknown to other prospective applicants, any and all questions must be submitted in writing to brenda.garcia@tea.texas.gov, the TEA email address identified in the program guidelines of the RFA, no later than Monday, February 12, 2018. All questions and the written answers thereto will be posted on the TEA Grant Opportunities web page in the format of Frequently Asked Questions (FAQs) by Monday, February 26, 2018. In the "Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.

Deadline for Receipt of Applications. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Tuesday, March 13, 2018, to be eligible to be considered for funding. TEA will not accept applications by email. Applications may be delivered to the TEA visitors' reception area on the second floor of the William B. Travis Building, 1701 North Congress Avenue (at 17th Street and North Congress, two blocks north of the Capitol), Austin, Texas 78701 or mailed to Document Control Center, Division of Grants Administration, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494.

Issued in Austin, Texas, on January 3, 2018.

TRD-201800019

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: January 3, 2018


State Board for Educator Certification

Notice of Correction of Error

The State Board for Educator Certification proposed new §§235.13, 235.15, 235.21, and 235.25 in the January 5, 2018, issue of the Texas Register (43 TexReg 25).

Due to error by the Texas Education Agency, the title for Chapter 235 was submitted incorrectly. The correct chapter title for proposed new Chapter 235 should read "Classroom Teacher Certification Standards."

TRD-201800020


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 12, 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 February 12, 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: ARNOLD TRUCKING, INCORPORATED; DOCKET NUMBER: 2017-1015-WQ-E; IDENTIFIER: RN109813758; LOCATION: Hallsville, Harrison County; TYPE OF FACILITY: aggregate production operation (APO); RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge stormwater associated with industrial activities under Texas Pollutant Discharge Elimination System General Permit Number TXR050000; TWC, §26.121(a)(1), by failing to prevent the unauthorized discharge of sediment into or adjacent to water of the state; and 30 TAC §342.25(b), by failing to register the site as an APO no later than the tenth business day before the beginning of the date of regulated activities; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Larry Butler, (512) 239-4935; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(2) COMPANY: Barry W. Blanton dba Thorp Springs Water; DOCKET NUMBER: 2017-1184-PWS-E; IDENTIFIER: RN102681640; LOCATION: Granbury, Hood County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(n)(1), by failing to maintain accurate and up-to-date detailed as-built plans or record drawings and specifications for each treatment plant, pump station, and storage tank at the facility; 30 TAC §290.46(n)(3), by failing to keep on file copies of well completion data as defined in 30 TAC §290.41(c)(3)(A) for as long as the well remains in service; 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 facility and its equipment; PENALTY: $157; ENFORCEMENT COORDINATOR: Ryan Byer, (512) 239-2571; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Bryan's Convenience & Food Store, LLC dba Bryan Food Stop; DOCKET NUMBER: 2017-1350-PST-E; IDENTIFIER: RN101726644; LOCATION: Beaumont, Jefferson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the underground storage tank system; PENALTY: $3,687; ENFORCEMENT COORDINATOR: James Baldwin, (512) 239-1337; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(4) COMPANY: Charles A. Leonard; DOCKET NUMBER: 2017-1278-PWS-E; IDENTIFIER: RN102671278; LOCATION: Bryan, Brazos County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(e)(4)(A), by failing to operate the facility under the direct supervision of a licensed water works operator who holds a Class D or higher license; and 30 TAC §290.46(d)(2)(A) 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 0.2 milligrams per liter free chlorine throughout the distribution system at all times; PENALTY: $176; ENFORCEMENT COORDINATOR: Michaelle Garza, (210) 403-4076; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(5) COMPANY: CIRCLE K STORES INCORPORATED Circle K 2706342/ Facility Number 1, Circle K 2704051/Facility Number 2, Circle K 2704045/Facility 3, and Circle K 2704043/Facility 4; DOCKET NUMBER: 2016-1051-PST-E; IDENTIFIERS: RN102004868/Facility 1, RN102346343/Facility 2, RN102347671/Facility 3, and RN102020179/Facility 4; LOCATIONS: Terrell, Kaufman County (Facility 1); Nixon, Gonzales County (Facility 2); Cuero, Dewitt County (Facility 3); Shiner, Lavaca County (Facility 4); TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month (Facilities 1, 2, 3, and 4); 30 TAC §334.74, by failing to investigate a suspected release of regulated substance within 30 days of discovery (Facilities 1, 2, 3, and 4); 30 TAC §334.72, by failing to report a suspected release of regulated substance within 24 hours of discovery (Facilities 2, 3, and 4); PENALTY: $138,150; ENFORCEMENT COORDINATOR: John Fennell, (512) 239-2616; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800; 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(6) COMPANY: City of Ackerly; DOCKET NUMBER: 2017-1086-PWS-E; IDENTIFIER: RN101174985; LOCATION: Ackerly, Dawson County; TYPE OF FACILITY: public water system; RULES VIOLATED: 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 executive director regarding the failure to conduct repeat coliform monitoring; and 30 TAC §290.106(f)(2) and Texas Health and Safety Code, §341.031(a), by failing to comply with the acute maximum contaminant level of ten milligrams per liter for nitrate; PENALTY: $374; ENFORCEMENT COORDINATOR: Paige Bond, (512) 239-2678; REGIONAL OFFICE: 9900 West IH-20, Suite 100, Midland, Texas 79706, (432) 570-1359.

(7) COMPANY: City of Garland; DOCKET NUMBER: 2017-1179-PST-E; IDENTIFIER: RN100796499; LOCATION: Garland, Dallas 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 tanks (USTs) for releases at a frequency of at least one every month; 30 TAC §334.602(a)(3), by failing to comply with UST Class C operator training requirements for the facility; 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; and 30 TAC §334.49(c)(4)(C) and TWC, §26.3475(d), by failing to have the cathodic protection system inspected and tested for operability and adequacy of the protection at a frequency of at least once every three years; PENALTY: $8,251; ENFORCEMENT COORDINATOR: Margarita Dennis, (817) 588-5892; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: City of Goldsmith; DOCKET NUMBER: 2017-1334-PWS-E; IDENTIFIER: RN101387553; LOCATION: Goldsmith, Ector County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(i)(6) and (j), by failing to provide a consumer notification of lead tap water monitoring results to persons served at the sites that were tested, and failing to mail a copy of the consumer notification of tap results to the executive director along with certification that the consumer notification has been distributed for the January 1, 2015 - December 31, 2015, monitoring period; PENALTY: $50; ENFORCEMENT COORDINATOR: Ryan Byer, (512) 239-2571; REGIONAL OFFICE: 9900 West IH-20, Suite 100, Midland, Texas 79706, (432) 570-1359.

(9) COMPANY: City of Jacksboro; DOCKET NUMBER: 2017-0540-WQ-E; IDENTIFIER: RN102917184; LOCATION: Jacksboro, Jack County; TYPE OF FACILITY: water treatment plant; RULE VIOLATED: TWC, §26.121(a)(2), by failing to prevent the unauthorized discharge of wastewater into or adjacent to any water in the state; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Caleb Olson, (512) 239-2541; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(10) COMPANY: City of Mineral Wells; DOCKET NUMBER: 2017-1296-PST-E; IDENTIFIER: RN102449147; LOCATION: Mineral Wells, Palo Pinto 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 tanks for releases at a frequency of at least once every month; PENALTY: $2,813; Supplemental Environmental Project offset amount of $2,251; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: City of Wilmer; DOCKET NUMBER: 2017-1071-PWS-E; IDENTIFIER: RN101414332; LOCATION: Wilmer, Dallas County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 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 20 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 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 public notification to the ED regarding the failure to conduct increased coliform monitoring and regarding the failure to submit the Disinfectant Level Quarterly Operating Report; PENALTY: $1,512; ENFORCEMENT COORDINATOR: Ross Luedtke, (512) 239-2537; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: City of Yorktown; DOCKET NUMBER: 2017-1112-PWS-E; IDENTIFIER: RN101386225; LOCATION: Yorktown, Dewitt County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(e)(4)(A), by failing to provide a full-face self-contained breathing apparatus or supplied air respirator that meets Occupational Safety and Health Administration standards and is readily accessible outside the chlorinator room and immediately available to the operator in the event of an emergency; 30 TAC §290.46(e)(4)(C) and TCEQ Agreed Order Docket Number 2014-1338-PWS-E, Ordering Provision Number 2.a.i., by failing to operate a groundwater system serving more than 1,000 connections under the direct supervision of at least two operators who hold a Class C or higher groundwater license, and who each work at least 16 hours per month at the public water system's production, treatment, or distribution facilities; 30 TAC §290.46(m)(6), by failing to maintain pumps, motors, valves, and other mechanical devices in good working condition; 30 TAC §290.42(l), by failing to compile and maintain a thorough and up-to-date plant operations manual for operator review and reference; 30 TAC §290.44(h)(4)(C), by failing to ensure that any backflow prevention assembly test report form which varies from the format specified in Commission Form 20700 is approved by the executive director prior to being placed in use; and 30 TAC §290.110(f)(1)(A), by failing to include all samples collected at sites designated in the monitoring plan as microbiological and disinfectant residual monitoring sites in the compliance determination calculations; PENALTY: $3,216; ENFORCEMENT COORDINATOR: Steven Hall, (512) 239-2537; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(13) COMPANY: Daisy Farms, LLC; DOCKET NUMBER: 2017-1360-AGR-E; IDENTIFIER: RN105670905; LOCATION: Paris, Lamar County; TYPE OF FACILITY: dairy farm; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §321.31(a) and §321.40(e), and Texas Pollutant Discharge Elimination System General Permit Number TXG921106, Part III, Pollution Prevention Plan Requirements, A. Technical Requirements Number 12(c)(6), by failing to prevent the discharge of wastewater from a concentrated animal feeding operation into or adjacent to water in the state; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Farhaud Abbaszadeh, (512) 239-0779; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(14) COMPANY: Dallas County Schools; DOCKET NUMBER: 2017-0918-PST-E; IDENTIFIER: RN100710037 (Facility 1), RN102248135 (Facility 2), and RN102245214 (Facility 3); LOCATION: Lancaster, Dallas County (Facility 2) Dallas, Dallas County (Facilities 1 and 3); 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 (UST) for releases at a frequency of at least once every month (Facilities 1, 2, and 3); 30 TAC §334.72 and §334.50(d)(9)(A)(v), by failing to report a suspected release to the TCEQ within 72 hours of discovery (Facilities 1 and 2); and 30 TAC §334.74, by failing to investigate a suspected release of a regulated substance within 30 days of discovery (Facilities 1 and 2); PENALTY: $43,750; ENFORCEMENT COORDINATOR: Stephanie McCurley, (512) 239-2607; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: Gary Hall; DOCKET NUMBER: 2017-1172-EAQ-E; IDENTIFIER: RN109756304; LOCATION: Georgetown, Williamson County; TYPE OF FACILITY: commercial development; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an Edwards Aquifer Protection Plan prior to commencing a regulated activity over the Edwards Aquifer Recharge Zone; PENALTY: $7,188; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(16) COMPANY: INVISTA S.a.r.l.; DOCKET NUMBER: 2017-0236-IHW-E; IDENTIFIER: RN102663671; LOCATION: Victoria, Victoria County; TYPE OF FACILITY: chemical refinery; RULES VIOLATED: 30 TAC §305.125(1) and §335.152(a)(8), 40 Code of Federal Regulations (CFR) §264.195(c) and §265.195(b), and Hazardous Waste (HW) Permit Number 50393, Permit Provision (PP) Number III.D., by failing to conduct daily inspections of permitted HW tanks and less than 90-day HW tanks; 30 TAC §305.125(1) and §335.152(a)(1), 40 CFR §264.15(d) and §265.15(d), and HW Permit Number 50393, PP Number III.D., by failing to properly record inspections in an inspection log or summary; 30 TAC §305.125(1) and §335.152(a)(7), 40 CFR §264.171, and HW Permit Number 50393, PP Number V.B.2., by failing to properly manage containers holding HW; 30 TAC §335.69(a)(1)(B) and 40 CFR §265.193(e)(1)(iii), by failing to maintain the external liners of secondary containment systems free of cracks and gaps; 30 TAC §335.112(a)(9) and 40 CFR §265.193(e)(3)(ii), by failing to protect double-walled tanks, if constructed of metal, from both corrosion of the primary tank interior and the external surface of the outer shell; 30 TAC §335.69(a)(3) and (d)(2) and 40 CFR §262.34(a)(3) and (c)(1)(ii), by failing to clearly label all HW containers with the words "Hazardous Waste"; 30 TAC §335.69(d)(1) and 40 CFR §262.34(c)(1)(i) and §265.173(a), by failing to keep a container storing HW closed except when adding or removing waste; 30 TAC §335.6(c), by failing to update the facility's Notice of Registration; and 30 TAC §335.10(a) and 40 CFR §262.20(a)(1), by failing to properly complete an HW manifest; PENALTY: $64,997; Supplemental Environmental Project offset amount of $25,999; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(17) COMPANY: J&S Water Company, L.L.C.; DOCKET NUMBER: 2017-1183-PWS-E; IDENTIFIER: RN101270080; LOCATION: Mont Belvieu, Chambers 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 §290.46(q)(1), by failing to issue a boil water notice to the customers of the facility within 24 hours of a low chlorine residual using the prescribed notification format as specified in 30 TAC §290.47(c)(1); PENALTY: $650; ENFORCEMENT COORDINATOR: Ronica Rodriguez, (512) 239-2601; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(18) COMPANY: Land Restoration, LLC; DOCKET NUMBER: 2017-1325-LII-E; IDENTIFIER: RN109752808; LOCATION: Austin, Travis County; TYPE OF FACILITY: landscape business; RULES VIOLATED: 30 TAC §30.5(a), TWC, §37.003, and Texas Occupations Code, §1903.251, by failing to hold an irrigator license prior to selling, designing, installing, maintaining, altering, repairing, or servicing an irrigation system; and 30 TAC §344.70(b), by failing to display in all forms of written and electronic advertisements for irrigation services, the irrigator's license number in the form of LI______.; PENALTY: $608; ENFORCEMENT COORDINATOR: David Carney, (512) 239-2583; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(19) COMPANY: Lyondell Chemical Company; DOCKET NUMBER: 2017-1202-AIR-E; IDENTIFIER: 102523107; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), Texas Health and Safety Code, §382.085(b), New Source Review Permit Number 9395, Special Conditions Number 1, Federal Operating Permit Number O1421, General Terms and Conditions and Special Terms and Conditions Number 24, by failing to prevent unauthorized emissions; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Robyn Babyak, 512-239-1853; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(20) COMPANY: Marie Ybarra dba Toledo Bend Trading Post; DOCKET NUMBER: 2017-1397-PST-E; IDENTIFIER: RN101851475; LOCATION: Burkeville, Newton County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the underground storage tanks (USTs); and 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to 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; PENALTY: $1,642; ENFORCEMENT COORDINATOR: Stephanie McCurley, (512) 239-2607; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(21) COMPANY: Michael Bennett dba Magic Touch Cleaners; DOCKET NUMBER: 2017-1128-DCL-E; IDENTIFIER: RN104262746; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: dry cleaning drop station; RULES VIOLATED: 30 TAC §337.11(e) and Texas Health and Safety Code, §374.102, by failing to renew the facility's registration by completing and submitting the required registration form to the TCEQ for a dry cleaning drop station facility; and 30 TAC §337.14(a) and TWC, §5.702, by failing to pay outstanding dry cleaner fees for TCEQ Financial Account Number 24007588 for fiscal years 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, and 2017; PENALTY: $5,000; ENFORCEMENT COORDINATOR: John Paul Fennell, (512) 239-2616; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(22) COMPANY: NW Austin Office Partners LLC; DOCKET NUMBER: 2017-0938-MLM-E; IDENTIFIER: RN102133238; LOCATION: Austin, Williamson County; TYPE OF FACILITY: corporate office; RULES VIOLATED: 30 TAC §213.4(a)(1) and Water Pollution Abatement Plan (WPAP) Number 98071001, Standard Conditions Number 2, by failing to obtain approval of a modification to an approved WPAP prior to commencing a regulated activity over the Edwards Aquifer Recharge Zone; and 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge stormwater under a Texas Pollutant Discharge Elimination System Construction General Permit; PENALTY: $6,053; ENFORCEMENT COORDINATOR: Austin Henck, (512) 239-6155; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(23) COMPANY: Phillips 66 Company; DOCKET NUMBER: 2017-1092-AIR-E; IDENTIFIER: RN102495884; LOCATION: Borger, Hutchinson County; TYPE OF FACILITY: petrochemical processing and manufacturing plant; RULES VIOLATED: 30 TAC §122.143(4) and §122.146(2), Federal Operating Permit (FOP) Number O2166, General Terms and Conditions (GTC) and Special Terms and Conditions Number 11, and Texas Health and Safety Code (THSC), §382.085(b), by failing to submit a Permit Compliance Certification (PCC) no later than 30 days after the end of the certification period; and 30 TAC §122.143(4) and §122.145(2)(A) and (C), FOP Number O2166, GTC, and THSC, §382.085(b), by failing to submit a deviation report no later than 30 days after the end of the reporting period, and failing to include all instances of deviations; PENALTY: $13,688; Supplemental Environmental Project offset amount of $5,475; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 403-4006; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(24) COMPANY: Randeep Singh dba Kountry Kwik and Charanjit Sandhu dba Kountry Kwik; DOCKET NUMBER: 2017-1087-PWS-E; IDENTIFIER: RN100927888; LOCATION: Huffman, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §§290.46(f)(4), 290.106(e), and 290.122(c)(2)(A) and (f), by failing to provide the results for nitrate sampling to the executive director (ED) for the January 1, 2015 - December 31, 2015, and January 1, 2016 - December 31, 2016, monitoring periods, and failing to issue public notification and provide a copy to the ED regarding the failure to provide the results for nitrate sampling for the January 1, 2015 - December 31, 2015, monitoring period; and 30 TAC §290.46(f)(4) and §290.118(e), by failing to provide the results for secondary constituents sampling to the ED for the January 1, 2013 - December 31, 2015, monitoring period; PENALTY: $172; ENFORCEMENT COORDINATOR: Ronica Rodriguez, (512) 239-2601; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(25) COMPANY: SUPER PETROLEUM, INCORPORATED dba Speedy Mart; DOCKET NUMBER: 2017-1260-PST-E; IDENTIFIER: RN100539212; LOCATION: Ennis, Ellis County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month; and 30 TAC §334.10(b)(2), by failing to assure that all UST recordkeeping requirements are met; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-201800002

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 2, 2018


Enforcement Orders

An agreed order was adopted regarding TAAS Corporation, Docket No. 2016-1374-PST-E on January 2, 2018, assessing $7,254 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 AMPM ENTERPRISES, INC. and Point Target Enterprises Inc dba Super Stop, Docket No. 2016-1773-PST-E on January 2, 2018, assessing $6,975 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Eric Grady, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-201800017

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 3, 2018


Notice of Hearing

DENALI WATER SOLUTIONS LLC

SOAH Docket No. 582-18-1343

TCEQ Docket No. 2017-1148-SLG

Permit No. WQ0005210000

APPLICATION

Denali Water Solutions LLC, 3308 Bernice Avenue, Russellville, Arkansas 72802, has applied to the Texas Commission on Environmental Quality (TCEQ) for new TCEQ Permit No. WQ0005210000 to authorize the land application of wastewater treatment plant sewage sludge and water treatment plant sludge for beneficial use on 302.9 acres. The anticipated date of the first application of sludge, subject to the issuance of the permit, is April 4, 2017. This permit will not authorize a discharge of pollutants into water in the state. TCEQ received this application on August 30, 2016.

The sludge land application site will be located approximately 4.7 miles west of the intersection of Mile 16 Road and Farm-to-Market Road 2058, in Hidalgo and Starr Counties, Texas 78541.

The sludge land application site will be located within the drainage basin of the Rio Grande below Falcon Reservoir in Segment No. 2302 of the Rio Grande Basin.

The TCEQ Executive Director has prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, Executive Director’s preliminary decision, and draft permit are available for viewing and copying at the Dustin Michael Sekula Memorial Library, 1906 South Closner Boulevard, Edinburg, Texas, and the Rio Grande City Public Library, 591 East Canales Street, Rio Grande City, Texas. As a public courtesy, we have provided the following Web page to an online map of the site or the facility’s general location. The online map is not part of the application or the notice: http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=26.475277&lng=-98.47&zoom=13&type=r. For the exact location, refer to the application.

CONTESTED CASE HEARING

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

10:00 a.m. - February 14, 2018

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The contested case hearing will be a legal proceeding similar to a civil trial in state district court. The hearing will address the disputed issues of fact identified in the TCEQ order concerning this application issued on October 9, 2017. In addition to these issues, the judge may consider additional issues if certain factors are met.

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

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

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

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

Further information may also be obtained from Denali Water Solutions LLC at the address stated above or by calling Mr. Mike Cook at (479) 970-8408.

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

Issued: December 21, 2017

TRD-201705398

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 27, 2017


Notice of Opportunity to Comment on an Agreed 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 Agreed Order (AO) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AO, the commission shall allow the public an opportunity to submit written comments on the proposed AO. 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 February 12, 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 the 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 the 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 February 12, 2018. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, TWC, §7.075 provides that comments on the AO shall be submitted to the commission in writing.

(1) COMPANY: City of Danbury; DOCKET NUMBER: 2015-1767-PWS-E; TCEQ ID NUMBER: RN101253607; LOCATION: on Spur 28, east of Highway 35 South, Danbury, Brazoria County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to submit a Disinfectant Level Quarterly Operating Report (DLQOR) to the executive director (ED) each quarter by the tenth day of the month following the end of the quarter; 30 TAC §290.117(c)(2)(B) and (i)(1), by failing to collect lead and copper samples at approved sample sites, have the samples analyzed at a TCEQ approved laboratory, and submit the results to the ED; 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; 30 TAC §290.117(c)(2)(C) and (i)(1), by failing to collect lead and copper samples at approved sample sites, have the samples analyzed at a TCEQ approved laboratory, and submit the results to the ED; and 30 TAC §290.122(c)(2)(A) and (f), by failing to provide the public notification and submit a copy of the public notification to the ED regarding the failure to submit DLQORs; PENALTY: $1,057; STAFF ATTORNEY: Isaac Ta, Litigation Division, MC 175, (512) 239-0683; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-201800003

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 2, 2018


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent 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 February 12, 2018. The commission will consider any written comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 12, 2018. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: Cheri McCoy; DOCKET NUMBER: 2017-0289-MLM-E; TCEQ ID NUMBER: RN109243741; LOCATION: 406 County Road 243, Angleton, Brazoria County; TYPE OF FACILITY: private residence; RULES VIOLATED: Texas Health and Safety Code, §382.085(b) and 30 TAC §111.201, by causing, suffering, allowing, or permitting outdoor burning within the state of Texas; and 30 TAC §330.15(c), by causing, suffering, allowing, or permitting the unauthorized disposal of municipal solid waste; PENALTY: $2,638; STAFF ATTORNEY: Adam Taylor, Litigation Division, MC 175, (512) 239-3345; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(2) COMPANY: Dario Jaime Gonzalez dba Darios Tire Shop; DOCKET NUMBER: 2017-0137-MSW-E; TCEQ ID NUMBER: RN109537613; LOCATION: 1724 East Business Highway 83, Weslaco, Hidalgo County; TYPE OF FACILITY: tire shop; RULES VIOLATED: 30 TAC §328.56(a)(1) and (d)(2) and §326.60(a), by failing to register as a used or scrap tire generator and storage site while storing more than 500 used or scrap tires on the ground or 2,000 used or scrap tires in enclosed or lockable containers; PENALTY: $11,250; STAFF ATTORNEY: Ian Groetsch, Litigation Division, MC 175, (512) 239-2225; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(3) COMPANY: PETRO-TECH ENVIRONMENTAL, LLC; DOCKET NUMBER: 2016-2108-IHW-E; TCEQ ID NUMBER: RN105198527; LOCATION: 8502 Cypress Street, Building 3, Houston, Harris County; TYPE OF FACILITY: commercial industrial solid waste (ISW) storage and processing facility; RULES VIOLATED: 30 TAC §335.6(c) and ISW Permit Number 88379, Permit Provision (PP) II. C.1.h., by failing to update the facility's notice of registration; 30 TAC §305.125(1) and ISW Permit Number 88379, PP III. F.1, by failing to immediately cease the receipt of wastes authorized for storage and processing as listed in Table III.B. of the Permit, as amended on February 6, 2013, upon the loss of authorization to discharge to a Publicly Owned Treatment Works (POTW) facility; 30 TAC §305.125(1) and ISW Permit Number 88379, PP III. F.2, by failing to notify the executive director and the TCEQ Region 12 Office of the loss of authorization to discharge to a POTW facility within ten calendar days of the date of the termination notification from the POTW; 30 TAC §305.125(1) and ISW Permit Number 88379, PP V. B.1, by failing to operate the container storage area for storage and processing within the permit limitations listed in Table IV.A. of the Permit; 30 TAC §305.125(1) and ISW Permit Number 88379, PP III. E.3, by failing to promptly remove collected ISW, spills, leaks, clean-up residues, and contaminated rainfall runoff after the spillage and/or rainfall event occurred; 30 TAC §305.125(1) and ISW Permit Number 88379, PP III. D., Table II.B., by failing to conduct inspections and tests for all facility units and basic elements at the frequency listed in Table II.B. of the Permit, and failing to conduct the five-year hydrostatic test and grounding on the receiving tanks; 30 TAC §305.69(b)(1)(A) and §305.125(1) and ISW Permit Number 88379, PP II. A.1, by failing to amend or modify the permit; and TWC, §5.702(a), by failing to pay outstanding fees for TCEQ Financial Account Number 23708505; PENALTY: $9,597; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(4) COMPANY: Rainbow Landscape Materials, LLC; DOCKET NUMBER: 2017-0771-WQ-E; TCEQ ID NUMBER: RN105695563; LOCATION: 3916 East Highway 87, Rainbow, Somervell County; TYPE OF FACILITY: aggregate production operation; RULES VIOLATED: 30 TAC §281.25(a)(4), 40 Code of Federal Regulations §122.26(c), and TCEQ AO Docket Number 2014-1523-WQ-E, Ordering Provisions Numbers 2.a.i. and 2.a.ii., failing to obtain authorization to discharge storm water associated with industrial activities under Texas Pollutant Discharge Elimination System General Permit Number TXR050000; PENALTY: $26,250; 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-201800005

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 2, 2018


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of Albert Anthony Jamail

SOAH Docket No. 582-18-1582

TCEQ Docket No. 2016-1452-MSW-E

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

10:00 a.m. - January 25, 2018

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's First Amended Report and Petition, mailed December 1, 2017, concerning assessing administrative penalties against and requiring certain actions of Albert Anthony Jamail, for violations in Kinney County, Texas, of: 30 Tex. Admin. Code §330.15(a) and (c).

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

Legal Authority: Tex. Water Code §7.054, Tex. Water Code ch. 7, Tex. Health & Safety Code ch. 361, and 30 Tex. Admin. Code chs. 70 and 330; Tex. Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 Tex. Admin. Code §70.108 and §70.109 and ch. 80, and 1 Tex. Admin. Code ch. 155.

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

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

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

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

TRD-201800011

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 3, 2018


Notice of Public Hearing

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

SOAH Docket No. 582-18-1580

TCEQ Docket No. 2017-0371-WQ-E

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

10:00 a.m. - January 25, 2018

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed September 25, 2017 concerning assessing administrative penalties against and requiring certain actions of the City of Palmhurst, for violations in Hidalgo County, Texas, of: 30 Tex. Admin. Code §281.25(a)(4) and 40 C.F.R. §122.26(a)(9)(i)(A).

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

Legal Authority: Tex. Water Code §7.054, Tex. Water Code chs. 7 and 26, 30 Tex. Admin. Code chs. 70 and 281, and 40 C.F.R. pt. 122; Tex. Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 Tex. Admin. Code §70.108 and §70.109 and ch. 80, and 1 Tex. Admin. Code ch. 155.

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

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

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

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

Issued: December 27, 2017

TRD-201800012

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 3, 2018


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of Sandra Ortega

SOAH Docket No. 582-18-1617

TCEQ Docket No. 2017-0937-MLM-E

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

10:00 a.m. - February 1, 2018

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed August 29, 2017, concerning assessing administrative penalties against and requiring certain actions of Sandra Ortega, for violations in Irion County, Texas, of: Texas Health & Safety Code §366.004 and §366.051, Texas Water Code §26.121(a)(1), 30 Texas Administrative Code §285.3(a)(1), and TCEQ Default Order Docket No. 2013-0757-MLM-E, Ordering Provision Nos. 3.d.i. and 3.d.ii.

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

Legal Authority: Texas Water Code §7.054 and ch. 26, Texas Health & Safety Code ch. 366, and 30 Texas Administrative Code chs. 70 and 285; Texas Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 Texas Administrative Code §70.108 and §70.109 and ch. 80, and 1 Texas Administrative Code ch. 155.

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

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

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

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

Issued: January 3, 2018

TRD-201800025

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 3, 2018


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of DSJS Management, LLC

SOAH Docket No. 582-18-1583

TCEQ Docket No. 2016-1035-MWD-E

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

10:00 a.m. - January 25, 2018

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed July 6, 2017, concerning assessing administrative penalties against and requiring certain actions of DSJS Management, LLC, for violations in Bexar County, Texas, of: Tex. Water Code §§26.039(b) and 26.121(a)(1) and 30 Tex. Admin. Code §305.42(a).

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

Legal Authority: Tex. Water Code §7.054 and Tex. Water Code chs. 7 and 26 and 30 Tex. Admin. Code chs. 70 and 305; Tex. Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 Tex. Admin. Code §70.108 and §70.109 and ch. 80, and 1 Tex. Admin. Code ch. 155.

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

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

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

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

TRD-201800013

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 3, 2018


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of First Yeti Inc. dba Classic Mart

SOAH Docket No. 582-18-1581

TCEQ Docket No. 2017-0512-PST-E

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

10:00 a.m. - January 25, 2018

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed September 5, 2017, concerning assessing administrative penalties against and requiring certain actions of First Yeti Inc dba Classic Mart, for violations in Lubbock County, Texas, of: Texas Water Code §26.3475(c)(1) and (d) and 30 Texas Administrative Code §334.49(c)(4)(C) and §334.50(b)(1)(A).

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

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

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

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

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

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

Issued: December 27, 2017

TRD-201800014

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 3, 2018


Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on December 22, 2017, in the matter of the Executive Director of the Texas Commission on Environmental Quality v. 4B GROUP LLC d/b/a Elmo Food Shop; SOAH Docket No. 582-17-3214; TCEQ Docket No. 2016-1226-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against 4B GROUP LLC d/b/a Elmo Food Shop on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Mehgan Taack, Office of the Chief Clerk, (512) 239-3300.

TRD-201800015

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 3, 2018


General Land Office

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of November 6, 2017 to November 22, 2017. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period extends 30 days from the date published on the Texas General Land Office web site. The notice was published on the web site on Friday, January 5, 2018. The public comment period for this project will close at 5:00 p.m. on Monday, February 5, 2018.

FEDERAL AGENCY ACTIONS:

Applicant: City of Galveston

Location: The project site is located in wetlands adjacent to Galveston Ship Channel, in Galveston, Galveston County, Texas.

LATITUDE & LONGITUDE (NAD 83): 29.29312 -94.839

Project Description: The applicant proposes to excavate 1.64 acres (est. 2,650 cubic yards) of fill materials, which will include 1.26 acres (est. 2,032 cubic yards) from wetlands and waters. With respect to the deposition of the fill materials, 0.91 acres (~1,475 cubic yards) of in-situ material will be relocated on-site; 0.73 acres (~1,175 cubic yards) of off-site material will be placed and graded on-site; and, 0.91 acres (~1,475 cubic yards) of limestone aggregate will be deposited on-site to provide base for the tanks. The end goal will be to replace the Hurricane Ike damaged 59th Street Pump Station (a 7.5 million gallon aboveground potable water storage tank) via funding from the federal Hazard Mitigation Grant Program and Texas General Land Office's Disaster Recovery Division CDBG program.

Type of Application: U.S. Army Corps of Engineers (USACE) permit application #SWG-2016-00959. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA).

CMP Project No: 18-1089-F1

Applicant: CenterPoint Energy Natural Gas Operations

Location: The project site is located in the San Jacinto Waste Pits Superfund Site Area of Concern, in wetlands adjacent to the San Jacinto River, approximately 0.44-mile east of the intersection of Market and Woodleigh Streets, in Channelview, Harris County, Texas.

LATITUDE & LONGITUDE (NAD 83): 29.793549 -95.064816

Project Description: The applicant proposes to perform maintenance to two, natural gas pipelines. Proposed activities include cutting and capping of existing 4-inch-diameter and 2-inch-diameter natural gas pipelines at three locations on Market Street. In addition, approximately 1,000 feet of existing 4-inch-diameter steel pipeline will be abandoned and replaced, and approximately 565 feet of existing 4-inch-diameter steel pipeline will be abandoned in place. Cut and cap activities will take place within temporary workspaces measuring approximately 5-foot-wide by 5-foot-long by 5-foot-deep. Installation activities will be completed using the horizontal bore method. Approximately, 9.26 cubic yards of native soil will be excavated and returned upon project completion. All project activities will be temporary in nature, and the project workspaces will be backfilled and returned to pre-construction conditions upon project completion.

Type of Application: U.S. Army Corps of Engineers (USACE) permit application #SWG-2017-00505. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (CWA).

CMP Project No: 18-1096-F1

Applicant: USA Rail Terminals, LLC

Location: The project site is located near the Neches River, within Spindletop Park, approximately 0.45-mile north-northeast of the intersection of South Martin Luther King, Jr. Parkway and Sulphur Plant Road, in Beaumont, Jefferson County, Texas.

LATITUDE & LONGITUDE (NAD 83): 30.034849 -94.055740

Project Description: The applicant proposes to construct a railroad spur and side rails that will connect to an existing railroad. The newly constructed facilities will include 21 rail siding lines, varying from 2,580 to 3,507 feet in length and a 1.03-mile emergency vehicle access road, at the project site. Fill will be permanently placed in jurisdictional waters to build the railway and access-road beds. A total of 1.25 acres of jurisdictional wetlands will be permanently impacted by this project. Two types of waters will be affected, palustrine shrub/scrub wetland (0.16 acres) and palustrine emergent wetland (1.09 acres).

Type of Application: U.S. Army Corps of Engineers (USACE) permit application #SWG-2017-00078. This application will be reviewed pursuant to Section 404 of the Clean Water Act (CWA).

CMP Project No: 17-1210-F1

Further information on the applications listed above, including a copy of the consistency certifications or consistency determinations for inspection, may be obtained from Ms. Allison Buchtien, P.O. Box 12873, Austin, Texas 78711-2873, or via email at federal.consistency@glo.texas.gov. Comments should be sent to Ms. Buchtien at the above address or by email.

TRD-201800024

Mark A. Havens

Chief Clerk, Deputy Land Commissioner

General Land Office

Filed: January 3, 2018


Notice of Request for Proposal for Financial Management - Internal Auditing Consulting Services

The Texas General Land Office ("GLO") invites consultants to submit proposals to provide consulting services to the GLO's Financial Management division.

The proposed project is to make recommendations to the GLO for efficiency, effectiveness, compliance, and best practices related to its Financial Management division's organization and processes. The consultant will develop findings, conclusions, and recommendations for management's consideration and decisions based on an operational review and improvement study of the GLO's Financial Management division.

The GLO intends to award a single contract for consulting services to review and make recommendations related to the GLO's transaction processing, accounting/reporting (i.e. general ledger activities, journal entries, account reconciliations, financial statements, account analysis, and account research), and budgeting (i.e. grant administration, appropriations, reporting, analysis, and monitoring).

Pursuant to Texas Government Code Chapter 2102 and related rules and the GLO's Internal Audit Charter, the GLO is seeking to contract for consulting services relating to Internal Audit to the GLO's Financial Management division beginning February 1, 2018, through August 31, 2018.

Persons interested in a copy of the Request for Proposals No. X0013990-DF should contact Debby French, Procurement Division, Texas General Land Office at 800-998-4456 or (512) 463-5309 or Debby.French@GLO.Texas.Gov to request a copy. The closing date for receipt of proposals is January 17, 2018. The GLO shall award any contract in accordance with the criteria and procedures set out in Request for Proposals No. X0013990-DF. The date of award is anticipated to be on or after February 12, 2018.

Further information may be obtained by contacting Kelly McBride, Texas General Land Office, 1700 N. Congress Avenue, Austin, Texas 78701-1495, telephone (512) 305-9108.

TRD-201800023

Mark A. Havens

Chief Clerk, Deputy Land Commissioner

General Land Office

Filed: January 3, 2018


Texas Health and Human Services Commission

Public Notice

The Texas Health and Human Services Commission (HHSC) is submitting a request to the Centers for Medicare & Medicaid Services (CMS) for an update to the Texas Managed Care Quality Strategy.

Proposed Updates

The Texas Managed Care Quality Strategy will be updated to include new requirements as outlined in the Code of Federal Regulations (CFR) Title 42, Chapter IV, Subchapter C, Part 438, Subpart E, Quality Measurement and Improvement; External Quality Review.

Additional updates reflect changes made during the 1115 Texas Healthcare Transformation Quality Improvement Program Waiver (THTQIP) Amendment 14. Amendment 14 was approved by CMS on August 24, 2017, and on September 1, 2017, recipients of the Medicaid for Breast and Cervical program and Adoption Assistance and Permanency Care Assistance programs transitioned to managed care.

An individual may obtain a free copy of the proposed update, or ask questions, obtain additional information, or submit comments regarding this update by contacting Sallie Allen by U.S. mail, telephone, fax, or email. The addresses are as follows:

U.S. Mail

Texas Health and Human Services Commission

Attention: Sallie Allen, Waiver Coordinator, Policy Development Support

P.O. Box 13247

Mail Code H-600

Austin, Texas 78711-3247

Telephone

(512) 424-6969

Fax

Attention: Sallie Allen, Waiver Coordinator, at (512) 487-3403

Email

TX_Medicaid_Waivers@hhsc.state.tx.us

TRD-201705453

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: December 29, 2017


Department of State Health Services

Certification Limitation Liability Report

The Hospital Survey Program in the Center for Health Statistics, Texas Department of State Health Services, has completed its analysis of hospital data for the purpose of certifying nonprofit hospitals or hospital systems for limited liability in accordance with Texas Health and Safety Code, §311.0456. Eleven hospitals requested certification. In accordance with §311.0456, each of the requesting hospitals will be notified, by mail, on the determination of whether certification requirements were met. The certification issued under Texas Health and Safety Code, §311.0456 to a nonprofit hospital or hospital system took effect on December 31, 2017, and expires on the anniversary of that date.

Certified: One non-profit hospital system (6 hospitals) and one non-profit hospital were determined to be eligible for certification based on information that they provided, i.e., charity care in an amount equal to or greater than 8 percent of their net patient revenue and that they provided 40 percent or more of the charity care in their counties.

1. Seton Healthcare System (Travis County only)

a. Dell Children's Medical Center in Travis County

b. Seton Medical Center Austin in Travis County

c. Seton Northwest Hospital in Travis County

d. Seton Shoal Creek Hospital in Travis County

e. Seton Southwest Hospital in Travis County

f. University Medical Center at Brackenridge in Travis County

2. Seton Edgar B Davis in Caldwell County

Not Certified: Four non-profit hospitals were not certified because, based on their survey data, they did not provide charity care in an amount equal to or greater than 8 percent of their net patient revenue and/or did they provide 40 percent of the charity care in their counties.

1. Seton Highland Lakes in Burnet County

2. Seton Medical Center Hays in Hays County

3. Seton Medical Center Williamson in Williamson County

4. Seton Smithville Regional Hospital in Bastrop County

For further information about this report, please contact Dwayne Collins or Andria Orbach in the Center for Health Statistics at (512) 776-7261.

TRD-201705404

Barbara L. Klein

General Counsel

Department of State Health Services

Filed: December 28, 2017


Texas Department of Insurance

Company Licensing

Application for AMERICAN HEALTHCARE INDEMNITY COMPANY, a foreign fire and/or casualty company, to change its name to SERVICE AMERICAN INDEMNITY COMPANY. The home office is in Oklahoma City, Oklahoma.

Application for PARTNERRE INSURANCE COMPANY OF NEW YORK, a foreign fire and/or casualty company, to change its name to EMPLOYERS INSURANCE COMPANY OF NEW YORK. The home office is in New York City, New York.

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

TRD-201800001

Norma Garcia

General Counsel

Texas Department of Insurance

Filed: January 2, 2018


Company Licensing

Application for MAPFRE TEPEYAC, S.A., an alien fire and/or casualty company, to change its name to MAPFR MEXICO, S.A. The home office is in Huixquilucan, Mexico.

Application for 1ST CHOICE AUTO INSURANCE COMPANY, INC., a foreign fire and/or casualty company, to change its name to 1ST CHOICE ADVANTAGE INSURANCE COMPANY, INC. The home office is in Everett, Pennsylvania.

Application to do business in the state of Texas for CHA HMO, INC., a foreign health maintenance organization. The home office is in Louisville, Kentucky.

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

TRD-201800010

Norma Garcia

General Counsel

Texas Department of Insurance

Filed: January 3, 2018


Texas Lottery Commission

Scratch Ticket Game Number 2029 "Numbers Game"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2029 is "NUMBERS GAME". The play style is "key symbol match".

1.1 Price of Scratch Ticket Game.

A. Tickets for Scratch Ticket Game No. 2029 shall be $5.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2029.

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: $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100, $250, $500, $1,000, $100,000, 01, 03, 04, 06, 07, 08, 09, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, STAR SYMBOL, 2X SYMBOL, 5X SYMBOL and 10X SYMBOL.

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

Figure 1: GAME NO. 2029 - 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 (2029), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 075 within each Pack. The format will be: 2029-0000001-001.

H. Pack - A Pack of "NUMBERS GAME" Scratch Ticket Game contains 075 Scratch Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the Pack; the back of Ticket 075 will be revealed on the back of the Pack. All Packs will be tightly shrink-wrapped. There will be no breaks between the Tickets in a Pack. Every other Pack will reverse i.e., reverse order will be: the back of Ticket 001 will be shown on the front of the Pack and the front of Ticket 075 will be shown on the back of the Pack.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - A Texas Lottery "NUMBERS GAME" Scratch Ticket Game No. 2029.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "NUMBERS GAME" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 40 (forty) Play Symbols. If the player reveals a "Star" Play Symbol, the player wins the PRIZE for that symbol. If the player reveals a "2X" Play Symbol, the player wins DOUBLE the PRIZE for that symbol. If the player reveals a "5X" Play Symbol, the player wins 5 TIMES the PRIZE for that symbol. If the player reveals a "10X" Play Symbol, the player wins 10 TIMES the PRIZE for that symbol. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly 40 (forty) 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 40 (forty) 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 40 (forty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 40 (forty) 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 of either Play Symbols or Prize Symbols.

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

C. On winning and Non-Winning Tickets, the top cash prizes of $1,000 and $100,000 will each appear at least once, except on Tickets winning twenty (20) times.

D. On winning and Non-Winning Tickets, a Prize Symbol will not appear more than four (4) times, except as required by the prize structure to create multiple wins.

E. A Ticket can win up to twenty (20) times.

F. Non-winning Prize Symbols will not match a winning Prize Symbol on a Ticket.

G. No matching non-winning Play Symbols will appear on a Ticket.

H. The "STAR" (WIN) Play Symbol will never appear on a Non-Winning Ticket.

I. The "STAR" (WIN) Play Symbol will win as per the prize structure.

J. The "2X" (DBL) Play Symbol will never appear on a Non-Winning Ticket.

K. The "2X" (DBL) Play Symbol will win DOUBLE the PRIZE and will win as per the prize structure.

L. The "2X" (DBL) Play Symbol will never appear more than once on a winning Ticket.

M. The "5X" (WINX5) Play Symbol will never appear on a Non-Winning Ticket.

N. The "5X" (WINX5) Play Symbol will win 5 TIMES the PRIZE and will win as per the prize structure.

O. The "5X" (WINX5) Play Symbol will never appear more than once on a winning Ticket.

P. The "10X" (WINX10) Play Symbol will never appear on a Non-Winning Ticket.

Q. The "10X" (WINX10) Play Symbol will win 10 TIMES the PRIZE and will win as per the prize structure.

R. The "10X" (WINX10) Play Symbol will never appear more than once on a winning Ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "NUMBERS GAME" Scratch Ticket Game prize of $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100, $250 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 $25.00, $50.00, $100, $250 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "NUMBERS GAME" 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 "NUMBERS GAME" 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 7,200,000 Scratch Tickets in the Scratch Ticket Game No. 2029. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2029 - 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. 2029 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket Game closing procedures and the Instant Game Rules. See 16 TAC §401.302(j).

6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 2029, 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-201800022

Bob Biard

General Counsel

Texas Lottery Commission

Filed: January 3, 2018


Public Utility Commission of Texas

Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on December 22, 2017, in accordance with the Texas Water Code.

Docket Style and Number: Application of Joe C. Desmit dba Knob Hill Water System and Knob Hill Water Utility Corp. for Sale, Transfer, or Merger of Facilities and Certificate Rights in Denton County, Docket Number 47899.

The Application: Joe C. Desmit dba Knob Hill Water System and Knob Hill Water Utility Corp. for Sale, Transfer, or Merger of Facilities and Certificate Rights in Denton County filed an application for the sale, transfer, or merger of facilities and certificate rights in Denton County. Specifically, Joe C. Desmit seeks approval to transfer all of its water service area under certificate of convenience and necessity No. 11414 to Knob Hill Water Utility Corp. The total area being requested includes approximately 40 acres and serves 76 current customers.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the commission as soon as possible as an intervention deadline will be imposed. A comment or request to intervene should be mailed to Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326. Further information may also be obtained by calling the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All correspondence should refer to Docket Number 47899.

TRD-201800007

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 2, 2018


Notice of Application for Waiver from Requirements

Notice is given to the public of an application filed on December 27, 2017, with the Public Utility Commission of Texas for waiver from the requirements in 16 Texas Administrative Code §26.420(f)(3)(B)(iii).

Docket Style and Number: Application of Tello LLC for Waiver to Apply Safe Harbor Percentage to Calculate Texas Universal Service Fund Assessment, Docket Number 47911.

The Application: Tello requests a permanent waiver under 16 TAC §26.420(f)(3)(B)(ii) because currently there is no means available to measure actual traffic and segregate the jurisdiction of the traffic. Tello proposes to use, for CMRS providers, a safe-harbor percentage of 69% (intrastate). The rate of 69% will be applied to all telecommunications traffic originating in Texas in order to determine intrastate receipts subject to TUSF assessment.

Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47911.

TRD-201705455

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 29, 2017


Notice of Application to Transfer Load into the Electric Reliability Council of Texas

Notice is given to the public of an application by East Texas Electric Cooperative, Inc. (ETEC) filed with the Public Utility Commission of Texas (commission) on December 21, 2017, under Public Utility Regulatory Act §§14.001, 35.004(d), and 39.151(d).

Docket Style and Number: Petition of East Texas Electric Cooperative, Inc. for Authority to Transfer 35 Megawatts of Load into the Electric Reliability Council of Texas, Docket Number 47898.

The Application: ETEC filed a petition for authority to transfer two wholesale delivery points, totaling 35 megawatts (MW) of load, into the Electric Reliability Council of Texas (ERCOT) from the Southwest Power Pool (SPP). ETEC stated that the proposed transfer would increase its load in ERCOT to about 185 MW in total and that it has acquired the approvals and made notifications concerning the load transfer to ERCOT, the SPP, and the Federal Energy Regulatory Commission.

Persons who wish to intervene in or comment upon this application should notify the commission as an intervention deadline will be established. A request to intervene or for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326. Further information may also be obtained by calling the commission at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All correspondence should refer to Docket Number 47898.

TRD-201705456

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: December 29, 2017


Supreme Court of Texas

In the Supreme Court of Texas

Order Adopting Texas Rule of Civil Procedure 308b and Amending Texas Rule of Evidence 203 (.pdf)

TRD-201705402

Jaclyn Lynch

Rules Attorney

Supreme Court of Texas

Filed: December 28, 2017


In the Supreme Court of Texas

Order on Judicial Instruction (.pdf)

TRD-201705403

Jaclyn Lynch

Rules Attorney

Supreme Court of Texas

Filed: December 28, 2017


Texas Department of Transportation

Public Notice - Aviation

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

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

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

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

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

TRD-201800016

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: January 3, 2018


Workforce Solutions Brazos Valley Board

Public Notice - Correction

Notice of Request for Quotes (RFQ) for Available Commercial Space to Lease in Caldwell, Texas

On January 8, 2018, the Workforce Solutions Brazos Valley Board (WSBVB) is releasing a request for quotes for lease of available commercial space in Caldwell, Texas for their workforce center. This space shall be used to assist individuals with securing and maintaining employment, training, child care, and employment services for Burleson County. Space should be centrally located in Caldwell, Texas. Space to be considered shall be an open environment and measure approximately 1,000 square feet to 1,800 square feet. Space should have adequate heating and cooling systems. Space must be able to be secure and allow for internet connectivity. Space must be ADA compliant per Texas Workforce Commission expectations with sufficient parking. The initial term of the lease will be one year with the option to renew yearly up to 10 years depending upon performance and funds availability.

The deadline for quotes to Workforce Solutions Brazos Valley Board is Friday, February 23, 2018, by 4:00 p.m. (CST). Bidders will have the opportunity to ask questions during the bidder's conference call on January 17, 2018, at 10:00 a.m. (CST). The number to call in on is (979) 595-2802. Bidders can submit questions concerning this RFQ to Barbara Clemmons at Barbara.clemmons@bvcog.org no later than January 16, 2018, 5:00 p.m. (CST). Attendance at the bidder's conference is not mandatory. Bidders may attend the bidder's conference call at the Center for Regional Services, 3991 East 29th Street in Bryan, Texas 77802. All answers to questions will be posted at www.bvjobs.org by close of business on January 22, 2018.

This RFQ can be accessed at the Board's web page at www.bvjobs.org or by request to Barbara Clemmons via email at Barbara.Clemmons@bvcog.org or via phone at (979) 595-2801 ext. 2061. The contact person for this RFQ is Barbara Clemmons, Board Program Specialist, (979) 595-2801 ext. 2061 or Barbara.clemmons@bvcog.org.

TRD-201705397

Patricia Buck

Program Manager

Workforce Solutions Brazos Valley Board

Filed: December 27, 2017