IN ADDITION

Office of the Attorney General

Notice of Settlement of a Claim for Clean Water Act and Texas Water Code Violations

Notice is hereby given by the State of Texas of the proposed resolution of claims under the Clean Water 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 and the State of Texas v. City of Tyler, Cause No. 6:17-cv-00029 in the United States District Court for the Eastern District of Texas.

Nature of Defendant’s Operations: The City of Tyler, Texas, ("Tyler") operates a municipal wastewater collection and transmission system ("WCTS"). Since 2005, blockages, structural defects, line breaks, and other deficiencies in Tyler’s WCTS caused sewage to be released from the system. The sewage eventually flowed into navigable waters and waters of the State of Texas. These releases and Tyler’s failures to report and maintain the system violate the federal Clean Water Act, Texas statutes, and the permit issued to Tyler by the State of Texas. The State of Texas joined the lawsuit on behalf of the citizens of the State of Texas to stop further releases.

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 $281,500 in civil penalties and $30,000 in attorneys’ fees to the State of Texas. The agreement includes injunctive relief that requires the Defendant to take a number of actions to ensure its system is in compliance with federal and state laws and regulations and its permit.

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 Mary E. Smith, 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-201700187

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: January 17, 2017


Comptroller of Public Accounts

Certification of the Average Closing Price of Gas and Oil - December 2016

The Comptroller of Public Accounts, administering agency for the collection of the Crude Oil Production Tax, has determined, as required by Tax Code, §202.058, that the average taxable price of crude oil for reporting period December 2016 is $35.26 per barrel for the three-month period beginning on September 1, 2016, and ending November 30, 2016. Therefore, pursuant to Tax Code, §202.058, crude oil produced during the month of December 2016, from a qualified low-producing oil lease, is not eligible for a credit on the crude oil production tax imposed by Tax Code, Chapter 202.

The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined, as required by Tax Code, §201.059, that the average taxable price of gas for reporting period December 2016 is $1.89 per mcf for the three-month period beginning on September 1, 2016, and ending November 30, 2016. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of December 2016, from a qualified low-producing well, is eligible for a 100% credit on the natural gas production tax imposed by Tax Code, Chapter 201.

The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of West Texas Intermediate crude oil for the month of December 2016 is $52.17 per barrel. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall not exclude total revenue received from oil produced during the month of December 2016, from a qualified low-producing oil well.

The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of gas for the month of December 2016 is $3.58 per MMBtu. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall exclude total revenue received from gas produced during the month of December 2016, from a qualified low-producing gas well.

TRD-201700184

Don Neal

Chief Deputy General Counsel

Comptroller of Public Accounts

Filed: January 17, 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, 303.009 and 304.003, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 01/23/17 - 01/29/17 is 18% for Consumer1/Agricultural/Commercial2 credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 01/23/17 - 01/29/17 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 02/01/17 - 02/28/17 is 5.00% for Consumer/Agricultural/Commercial credit through $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 01/01/17 - 02/28/17 is 5.00% for commercial over $250,000.

1 Credit for personal, family or household use.

2 Credit for business, commercial, investment or other similar purpose.

TRD-201700188

Leslie Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: January 17, 2017


Credit Union Department

Application to Expand Field of Membership

Notice is given that the following applications have been filed with the Credit Union Department (Department) and are under consideration:

An application was received from Amplify Credit Union, Austin, Texas to expand its field of membership. The proposal would permit current members of the American Consumer Council/Texas Consumer Council or those individuals eligible for membership in the American Consumer Council/Texas Consumer Council who reside within the State of Texas, to be eligible for membership in the credit union.

An application was received from InTouch Credit Union, Plano, Texas to expand its field of membership. The proposal would permit persons who are members of Friends of Consumer Freedom, Inc. that live or work in Collin, Dallas, or Denton Counties, and members of their families, to be eligible for membership in the credit union.

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

TRD-201700195

Harold E. Feeney

Commissioner

Credit Union Department

Filed: January 18, 2017


Notice of Final Action Taken

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

Application to Expand Field of Membership - Approved

Associated Credit Union of Texas (League City) - See Texas Register issue dated July 29, 2016.

Application for a Merger or Consolidation - Approved

The Grocer's Supply Employees Credit Union (Houston) and Texas Bay Credit Union (Houston) - See Texas Register issue dated September 30, 2016.

TRD-201700194

Harold E. Feeney

Commissioner

Credit Union Department

Filed: January 18, 2017


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 28, 2017. TWC, §7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 28, 2017. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission 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: Ables Springs Cafe and Country Store, Incorporated; DOCKET NUMBER: 2016-1422-PST-E; IDENTIFIER: RN105365506; LOCATION: Terrell, Kaufman County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $2,438; ENFORCEMENT COORDINATOR: Tiffany Maurer, (512) 239-2696; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: ANMOL ENTERPRISES INCORPORATED dba Tarkington Exxon; DOCKET NUMBER: 2016-1625-PST-E; IDENTIFIER: RN101780450; LOCATION: Cleveland, Liberty County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month, and failing to provide release detection for the pressurized piping associated with the UST system; and 30 TAC §334.602(a), by failing to identify and designate for each UST facility at least one named individual for each class of operator - Class A, Class B, and Class C; PENALTY: $5,817; ENFORCEMENT COORDINATOR: John Fennell, (512) 239-2616; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) COMPANY: Coastal Transport Company, Incorporated; DOCKET NUMBER: 2016-1961-PST-E; IDENTIFIER: RN101700599; LOCATION: Austin, Travis County; TYPE OF FACILITY: fleet refueling facility; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tank for releases at a frequency of at least once every month; PENALTY: $2,813; ENFORCEMENT COORDINATOR: Stephanie McCurley, (512) 239-2607; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(4) COMPANY: Eco Services Operations Corporation; DOCKET NUMBER: 2016-1502-IHW-E; IDENTIFIER: RN100220581; LOCATION: Houston, Harris County; TYPE OF FACILITY: commercial sulfuric acid regeneration facility; RULES VIOLATED: 30 TAC §335.69(b) and §335.431(c)(1), 40 Code of Federal Regulations (CFR) §262.34(b) and §268.50(a) and (c), and Hazardous Waste (HW) Permit Number 50095, Permit Provisions (PPs) II. C.1.e. and C.2.k., by failing to comply with the 90-day accumulation time limitation for storage of HW, and failing to comply with 365-day accumulation time limitation for storage of hazardous Resource Conservation and Recovery Act waste; 30 TAC §335.152(a)(8), 40 CFR §264.193(e)(1)(iii), and HW Permit Number 50095, PPs II. C.1.e. and C.2.g., by failing to maintain secondary containment free of gaps and cracks; 30 TAC §335.152(a)(18), 40 CFR §264.1050(d), and HW Permit Number 50095, PPs II. C.1.e. and C.2.h., by failing to mark connections associated with HW lines (Subpart BB equipment) in such a manner to be distinguished readily from other pieces of equipment; 30 TAC §335.4, by failing to not cause, suffer, allow, or permit the unauthorized disposal of Industrial Solid Waste and HW; 30 TAC §335.69(d)(1) and §335.112(a)(8) and 40 CFR §262.34(c)(1)(i) and §265.173(a), by failing to maintain HW containers closed except when adding or removing wastes; 30 TAC §335.69(a)(2) and (3) and 40 CFR §262.34(a)(2) and (3), by failing to clearly label all HW containers with the words "Hazardous Waste" and mark each container with the date on which the accumulation period began; and 30 TAC §335.10(a)(1) and 40 CFR §262.20(a)(1), by failing to include a Texas Waste Code for each HW itemized on the manifest; PENALTY: $90,938; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(5) COMPANY: GARY WATER SUPPLY CORPORATION; DOCKET NUMBER: 2016-1993-PWS-E; IDENTIFIER: RN101436004; LOCATION: Gary, Panola County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(f)(1)(A)(ii) and (i)(7), by failing to perform and submit a corrosion control study to identify optimal corrosion control treatment for the system within 12 months after the end of the January 1, 2013 - December 31, 2013, monitoring period in which the system first exceeded the copper action level; PENALTY: $68; ENFORCEMENT COORDINATOR: Katy Montgomery, (210) 403-4016; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(6) COMPANY: Gateway 26 Doors, LLC; DOCKET NUMBER: 2016-1605-EAQ-E; IDENTIFIER: RN108802323; LOCATION: Dripping Springs, Hays County; TYPE OF FACILITY: residential condominium development; RULE VIOLATED: 30 TAC §213.23(a)(1), by failing to obtain approval of a Contributing Zone Plan prior to commencing a regulated activity over the Edwards Aquifer; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Steven Van Landingham, (512) 239-5717; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(7) COMPANY: Jorawhar Incorporated dba Nat 24 Number 1; DOCKET NUMBER: 2016-1491-PST-E; IDENTIFIER: RN102250933; LOCATION: Greenville, Hunt County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $5,625; ENFORCEMENT COORDINATOR: Ronica Rodriguez, (512) 239-2601; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: MEHAK AND HARIS LLC dba Lucky Seven Food Store; DOCKET NUMBER: 2016-1808-PST-E; IDENTIFIER: RN102344892; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $3,937; ENFORCEMENT COORDINATOR: Anthony Rios, (512) 239-2557; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(9) COMPANY: Oncor Electric Delivery Company LLC; DOCKET NUMBER: 2016-1660-PST-E; IDENTIFIER: RN102275138; LOCATION: Athens, Henderson County; TYPE OF FACILITY: fleet refueling center; RULES VIOLATED: 30 TAC §334.72, by failing to report a suspected release to the TCEQ within 24 hours of discovery; and 30 TAC §334.74, by failing to investigate a suspected release of a regulated substance within 30 days of discovery; PENALTY: $7,975; ENFORCEMENT COORDINATOR: James Baldwin, (512) 239-1337; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(10) COMPANY: Southcross Processing LLC; DOCKET NUMBER: 2016-1765-AIR-E; IDENTIFIER: RN106131113; LOCATION: Refugio, Refugio County; TYPE OF FACILITY: natural gas processing plant; RULES VIOLATED: 30 TAC §116.615(2) and §122.143(4), Texas Health and Safety Code, §382.085(b), Federal Operating Permit Number O3548/Oil and Gas General Operating Permit Number 511 Site-wide requirements (b)(9)(E)(ii), and Standard Permit Registration Number 96045, by failing to comply with the permitted nitrogen oxides emissions rate of 0.5 grams per horsepower hour for the engine, Emissions Point Number RC-300; PENALTY: $2,888; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(11) COMPANY: STAFF WATER SUPPLY CORPORATION; DOCKET NUMBER: 2016-2051-PWS-E; IDENTIFIER: RN101189918; LOCATION: Ranger, Eastland County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.060 milligrams per liter for haloacetic acids based on the locational running annual average; PENALTY: $172; ENFORCEMENT COORDINATOR: Michaelle Garza, (210) 403-4076; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(12) COMPANY: Teton Petroleum Transport, LLC; DOCKET NUMBER: 2016-1731-AIR-E; IDENTIFIER: RN100811066; LOCATION: Anthony, El Paso County; TYPE OF FACILITY: common carrier of fuel; RULES VIOLATED: 30 TAC §115.252(2) and Texas Health and Safety Code, §382.085(b), by failing to comply with the maximum Reid Vapor Pressure requirement of 7.0 pounds per square inch absolute for gasoline transferred during the control period from June 1 - September 16; PENALTY: $1,125; ENFORCEMENT COORDINATOR: Raime Hayes-Falero, (713) 767-3567; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(13) COMPANY: Texas Department of Public Safety; DOCKET NUMBER: 2016-1578-PST-E; IDENTIFIER: RN101487163; LOCATION: Tyler, Smith County; TYPE OF FACILITY: a fleet refueling and emergency generator 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: $3,750; ENFORCEMENT COORDINATOR: Claudia Corrales, (432) 620-6138; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(14) COMPANY: US Ayaan LLC dba Chevron Mart; DOCKET NUMBER: 2016-1591-PST-E; IDENTIFIER: RN101843407; LOCATION: Tyler, Smith County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month, and failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $4,816; ENFORCEMENT COORDINATOR: Jonathan Nguyen, (512) 239-1661; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(15) COMPANY: ZSA INVESTMENT INCORPORATED dba JS Food Mart; DOCKET NUMBER: 2016-1431-PST-E; IDENTIFIER: RN102259504; LOCATION: Schertz, Guadalupe 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 tank for releases at a frequency of at least once every month; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Ross Luedtke, (512) 239-3157; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

TRD-201700182

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 17, 2017


Amended Notice of Application and Public Hearing for an Air Quality Standard Permit for a Concrete Batch Plant with Enhanced Controls

PROPOSED AIR QUALITY REGISTRATION NUMBER 143876

APPLICATION. L D Building Services LLC, P.O. Box 23935, Waco, Texas 76702-3935 has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit for a Concrete Batch Plant with Enhanced Controls Registration Number 143876 to authorize the operation of a permanent concrete batch plant. The facility is proposed to be located at the following driving directions: from the intersection of Bosque Boulevard and Texas Loop 348, travel west on Loop 348 for 3.0 miles, then turn left on Tom Ledbetter for 1.2 miles, road turns left for another 0.7 mile, entrance on left, Waco, McLennan County, Texas 76712. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=31.525594&lng=-97.2601&zoom=13&type=r. This application was submitted to the TCEQ on November 10, 2016. The primary function of this plant is to manufacture concrete by mixing materials including (but not limited to) sand, aggregate, cement and water. The executive director has determined the application was technically complete on December 1, 2016.

PUBLIC COMMENT/PUBLIC HEARING. Public written comments about this application may be submitted at any time during the public comment period. The public comment period begins on the first date notice is published and extends to the close of the public hearing. Public comments may be submitted either in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, TX 78711-3087, or electronically at www.tceq.texas.gov/about/comments.html. If you choose to communicate with the TCEQ electronically, please be aware that your email address, like your physical mailing address, will become part of the agency's public record.

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

The Public Hearing is to be held:

Tuesday, February 21, 2017, at 6:00 p.m.

ART Room, Waco Montessori School

1920 Columbus Avenue

Waco, Texas 76701

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

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

CENTRAL/REGIONAL OFFICE. The application will be available for viewing and copying at the TCEQ Central Office and the TCEQ Waco Regional Office, located at 6801 Sanger Ave. Ste. 2500, Waco, Texas 76710-7826, during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, beginning the first day of publication of this notice.

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

Further information may also be obtained from L D Building Services, LLC, P.O. Box 23935, Waco, Texas 76702-3935, or by calling Mr. Jim Sayles, Consultant, Logos Environmental LLC at (512) 964-6685.

Amended Notice Issuance Date: January 11, 2017.

TRD-201700209

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 18, 2017


Enforcement Orders

An agreed order was adopted regarding Frost Crushed Stone Company Inc. dba Simon Bros Quarry Junction Plant, Docket No. 2013-1729-MLM-E on January 18, 2017, assessing $11,057 in administrative penalties with $2,210 deferred. Information concerning any aspect of this order may be obtained by contacting Keith Frank, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Kolkhorst Petroleum Company dba Rattlers Country Store 6, Docket No. 2014-0873-PST-E on January 18, 2017, assessing $12,600 in administrative penalties with $2,520 deferred. Information concerning any aspect of this order may be obtained by contacting James Baldwin, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Bernardo Espinoza dba J B Stone Company, Docket No. 2014-1206-WQ-E on January 18, 2017, assessing $18,938 in administrative penalties with $3,787 deferred. Information concerning any aspect of this order may be obtained by contacting Had Darling, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Bottom Line Food Processors, Inc., Docket No. 2014-1672-WQ-E on January 18, 2017, assessing $13,125 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Had Darling, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Delara Landscaping, Inc., Docket No. 2015-0611-MLM-E on January 18, 2017, assessing $14,501 in administrative penalties with $2,900 deferred. Information concerning any aspect of this order may be obtained by contacting Jonathan Nguyen, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was adopted regarding Jay Charles Svoboda, Docket No. 2015-0768-WR-E on January 18, 2017, assessing $388 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jim Sallans, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was adopted regarding Waylon Ray Collins, Docket No. 2015-1257-PST-E on January 18, 2017, assessing $57,375 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Lena Roberts, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Lone Star NGL Fractionators LLC, Docket No. 2015-1485-AIR-E on January 18, 2017, assessing $52,500 in administrative penalties with $10,500 deferred. Information concerning any aspect of this order may be obtained by contacting Raime Hayes-Falero, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Roger Gomez dba Optimum Calves, Docket No. 2015-1497-AGR-E on January 18, 2017, assessing $9,000 in administrative penalties with $1,800 deferred. Information concerning any aspect of this order may be obtained by contacting Jason Fraley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Sunoco Partners Marketing & Terminals L.P., Docket No. 2015-1512-AIR-E on January 18, 2017, assessing $72,340 in administrative penalties with $14,468 deferred. Information concerning any aspect of this order may be obtained by contacting David Carney, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Liberty, Docket No. 2015-1549-MWD-E on January 18, 2017, assessing $58,800 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Leo J. Leo, Jr. dba Leo’s Drive In 6, Docket No. 2015-1678-PST-E on January 18, 2017, assessing $9,188 in administrative penalties with $1,837 deferred. Information concerning any aspect of this order may be obtained by contacting John Fennell, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Texmark Chemicals, Inc., Docket No. 2015-1684-AIR-E on January 18, 2017, assessing $50,394 in administrative penalties with $10,078 deferred. Information concerning any aspect of this order may be obtained by contacting Abigail Lindsey, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Seadrift Coke L.P., Docket No. 2015-1732-AIR-E on January 18, 2017, assessing $50,671 in administrative penalties with $10,134 deferred. Information concerning any aspect of this order may be obtained by contacting Raime Hayes-Falero, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Runge, Docket No. 2015-1739-MLM-E on January 18, 2017, assessing $9,035 in administrative penalties with $1,807 deferred. Information concerning any aspect of this order may be obtained by contacting Jason Fraley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was adopted regarding Randall & Spencer, LLC dba 2 Cousins Gas & Grocery, Docket No. 2015-1747-PWS-E on January 18, 2017, assessing $1,815 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Adam Taylor, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was adopted regarding Lass Utility Service Company Inc. ("Lass Utility") and Sandra R. Barbey ("Ms. Barbey"), Docket No. 2016-0039-PWS-E on January 18, 2017, assessing $2,447 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ryan Rutledge, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding TPC Group LLC, Docket No. 2016-0041-AIR-E on January 18, 2017, assessing $206,740 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Shelby Orme, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Whitesboro, Docket No. 2016-0105-MWD-E on January 18, 2017, assessing $51,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Claudia Corrales, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Victoria County Water Control and Improvement District No. 1, Docket No. 2016-0167-MWD-E on January 18, 2017, assessing $24,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ross Luedtke, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Intertek USA Inc., Docket No. 2016-0191-MLM-E on January 18, 2017, assessing $7,691 in administrative penalties with $1,537 deferred. Information concerning any aspect of this order may be obtained by contacting Holly Kneisley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Braskem America, Inc., Docket No. 2016-0198-IWD-E on January 18, 2017, assessing $9,000 in administrative penalties with $1,800 deferred. Information concerning any aspect of this order may be obtained by contacting Claudia Corrales, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Nolanville, Docket No. 2016-0318-WQ-E on January 18, 2017, assessing $22,500 in administrative penalties with $4,500 deferred. Information concerning any aspect of this order may be obtained by contacting James Boyle, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Lucite International, Inc., Docket No. 2016-0348-IWD-E on January 18, 2017, assessing $56,010 in administrative penalties with $11,202 deferred. Information concerning any aspect of this order may be obtained by contacting Caleb Olson, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Detroit, Docket No. 2016-0382-PWS-E on January 18, 2017, assessing $411 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting James Fisher, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was adopted regarding Global New Millennium Partners, Ltd., Docket No. 2016-0418-PST-E on January 18, 2017, assessing $9,187 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Adam Taylor, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Uvalde, Docket No. 2016-0442-MWD-E on January 18, 2017, assessing $15,187 in administrative penalties with $3,037 deferred. Information concerning any aspect of this order may be obtained by contacting Sandra Douglas, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Willow Park, Docket No. 2016-0448-MWD-E on January 18, 2017, assessing $2,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding God Bless, Inc. dba C & C Drive Inn Grocery, Docket No. 2016-0508-PST-E on January 18, 2017, assessing $9,026 in administrative penalties with $1,805 deferred. Information concerning any aspect of this order may be obtained by contacting Jonathan Nguyen, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default and shutdown order was adopted regarding Searose Inc. dba Discount Mart 3, Docket No. 2016-0551-PST-E on January 18, 2017, assessing $6,378 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Isaac Ta, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default and shutdown order was adopted regarding Benton Rainey, Inc. dba East End Station, Docket No. 2016-0595-PST-E on January 18, 2017, assessing $4,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Isaac Ta, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding United Rentals, Inc., Docket No. 2016-0637-PST-E on January 18, 2017, assessing $9,855 in administrative penalties with $1,971 deferred. Information concerning any aspect of this order may be obtained by contacting John Fennell, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of San Juan, Docket No. 2016-0663-MSW-E on January 18, 2017, assessing $75,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jonathan Nguyen, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding The Premcor Refining Group Inc., Docket No. 2016-0678-AIR-E on January 18, 2017, assessing $69,689 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Carol Mcgrath, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Acme Brick Company, Docket No. 2016-0694-AIR-E on January 18, 2017, assessing $8,438 in administrative penalties with $1,687 deferred. Information concerning any aspect of this order may be obtained by contacting Raime Hayes-Falero, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding State Rubber and Environmental Solutions, LLC, Docket No. 2016-0775-MSW-E on January 18, 2017, assessing $10,125 in administrative penalties with $2,025 deferred. Information concerning any aspect of this order may be obtained by contacting Jonathan Nguyen, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was adopted regarding Ali Hemani Corporation dba 7-Eleven 39047, Docket No. 2016-0784-PST-E on January 18, 2017, assessing $18,855 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Lena Roberts, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Southwest Convenience Stores, LLC dba 7-Eleven 57819, Docket No. 2016-0802-PST-E on January 18, 2017, assessing $9,481 in administrative penalties with $1,896 deferred. Information concerning any aspect of this order may be obtained by contacting Abigail Lindsey, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding West Harrison Water Supply Corporation, Docket No. 2016-0823-PWS-E on January 18, 2017, assessing $172 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Mountain Water Supply Corporation, Docket No. 2016-0845-PWS-E on January 18, 2017, assessing $345 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding BRP Properties LLC, Docket No. 2016-0853-PWS-E on January 18, 2017, assessing $938 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Burleson County Municipal Utility District 1, Docket No. 2016-0875-PWS-E on January 18, 2017, assessing $460 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting James Fisher, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Hutchins, Docket No. 2016-0910-WQ-E on January 18, 2017, assessing $15,250 in administrative penalties with $3,050 deferred. Information concerning any aspect of this order may be obtained by contacting Austin Henck, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Mullin Independent School District, Docket No. 2016-0916-PWS-E on January 18, 2017, assessing $960 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Roxton, Docket No. 2016-0976-PWS-E on January 18, 2017, assessing $345 in administrative penalties with $345 deferred. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Rozi Business, Inc. dba Step N Go, Docket No. 2016-1017-PST-E on January 18, 2017, assessing $7,935 in administrative penalties with $1,587 deferred. Information concerning any aspect of this order may be obtained by contacting Keith Frank, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Uirc-Gsa Cotulla Tx, LLC, Docket No. 2016-1117-PWS-E on January 18, 2017, assessing $975 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Cimarron Self Storage, LLC, Docket No. 2016-1154-EAQ-E on January 18, 2017, assessing $8,438 in administrative penalties with $1,687 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Van Landingham, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Al’s Investments, Inc. dba Golden Express Truck Stop, Docket No. 2016-1182-PST-E on January 18, 2017, assessing $7,875 in administrative penalties with $1,575 deferred. Information concerning any aspect of this order may be obtained by contacting Jonathan Nguyen, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Little Elm Valley Water Supply Corporation, Docket No. 2016-1240-PWS-E on January 18, 2017, assessing $172 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Melissa Castro, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Gainesville, Docket No. 2016-1242-PWS-E on January 18, 2017, assessing $702 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Sarah Kim, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding GREEN LAND VENTURES, LTD., Docket No. 2014-1703-WQ-E on January 17, 2017, assessing $4,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Elizabeth Harkrider, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Coryell County, Docket No. 2015-0662-WQ-E on January 17, 2017, assessing $4,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ian Groetsch, 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 H Shaheen LLC dba AM Food Mart, Docket No. 2015-0973-PST-E on January 17, 2017, assessing $9,105 in administrative penalties with $1,821 deferred. Information concerning any aspect of this order may be obtained by contacting Clayton Smith, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding LGI HOMES-TEXAS, LLC, Docket No. 2016-0354-WQ-E on January 17, 2017, assessing $7,313 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Audrey Liter, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Daniel Lopez and Heriberto Lopez dba Brothers Authentic Shop, Docket No. 2016-0378-AIR-E on January 17, 2017, assessing $2,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jess Robinson, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding NAVI, Inc. dba The Hitching Post, Docket No. 2016-0576-PST-E on January 17, 2017, assessing $4,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Eric Grady, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding WACO TRUCK & FOOD STOP INC. dba Waco Express Mart, Docket No. 2016-0824-PST-E on January 17, 2017, assessing $5,004 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-201700200

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 18, 2017


Notice of Correction to Agreed Order Number 31

In the January 6, 2017, issue of the Texas Register (42 TexReg 18), the Texas Commission on Environmental Quality published notice of Agreed Orders, specifically Item Number 31 for Tovia P. Grynewiez. The reference to the company "Tovia P. Grynewiez" should be corrected to read: "Tovia P. Grynewicz" and also the reference to the docket number "2016-2003-WQ-E" should be corrected to read: "2016-2003-OSI.

For questions concerning this error, please contact Michael Parrish at (512) 239-2548.

TRD-201700183

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 17, 2017


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

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 27, 2017. TWC, §7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400, and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 27, 2017. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, TWC, §7.075 provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: causeway marina llc; DOCKET NUMBER: 2016-0894-PST-E; TCEQ ID NUMBER: RN102225422; LOCATION: 1106 East Cedar Creek Parkway, Seven Points, Henderson County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); and TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $3,505; STAFF ATTORNEY: Isaac Ta, Litigation Division, MC 175, (512) 239-0683; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(2) COMPANY: L. H. CHANEY MATERIALS, INC. d/b/a Chaney Trucking; DOCKET NUMBER: 2016-1144-PST-E; TCEQ ID NUMBER: RN101563344; LOCATION: 7022 East Highway 114, Haslet, Wise County; TYPE OF FACILITY: underground storage tank (UST) system and a fleet refueling facility; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.74, by failing to investigate a suspected release of a regulated substance within 30 days of discovery; and 30 TAC §334.72, by failing to report a suspected release of a regulated substance to the TCEQ within 24 hours of discovery; PENALTY: $29,731; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Mcdade Valero LLC dba MNJ Grocery; DOCKET NUMBER: 2016-0703-PST-E; TCEQ ID NUMBER: RN101699411; LOCATION: 1606 Highway 290 East, McDade, Bastrop County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of the USTs; PENALTY: $3,563; STAFF ATTORNEY: Adam Taylor, Litigation Division, MC 175, (512) 239-3345; REGIONAL OFFICE: Austin Regional Office, 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(4) COMPANY: NNS INC d/b/a Andys Food Mart; DOCKET NUMBER: 2016-0080-PST-E; TCEQ ID NUMBER: RN101542405; LOCATION: 2403 North Fitzhugh Avenue, Dallas, Dallas County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(d) and 30 TAC §334.49(a)(1), by failing to provide corrosion protection for the UST system; TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.10(b)(1)(B), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; Texas Health and Safety Code, §382.085(b) and 30 TAC §115.246(b)(2), by failing to maintain a copy of the Stage II records at the station and make them immediately available for inspection on-site and immediately available for inspection upon request by agency personnel; and 30 TAC §334.602(a)(3), by failing to comply with UST class C operator training requirements for the station; PENALTY: $13,500; STAFF ATTORNEY: Amanda Patel, Litigation Division, MC 175, (512) 239-3990; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Sidak's Petro Inc d/b/a Sidak's Petro; DOCKET NUMBER: 2016-0606-PST-E; TCEQ ID NUMBER: RN101551281; LOCATION: 4049 Boat Club Road, Lake Worth, Tarrant County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.74(3), by failing to file a release determination report with the commission within 45 days after the first observation of a suspected release has occurred; and 30 TAC §334.72, by failing to report a suspected release to the TCEQ within 24 hours of Discovery; PENALTY: $2,981; STAFF ATTORNEY: Audrey Liter, Litigation Division, MC 175, (512) 239-0684; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Z & H ENTERPRISES INC d/b/a 5 CORNERS FOOD MART; DOCKET NUMBER: 2016-1094-PST-E; TCEQ ID NUMBER: RN101907798; LOCATION: 3517 South Gevers Street, San Antonio, Bexar County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); and TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $5,005; STAFF ATTORNEY: Eric Grady, Litigation Division, MC 175, (512) 239-0655; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

TRD-201700178

Kathleen C. Decker

Director, Litigation Division

Texas Commision on Environmental Quality

Filed: January 17, 2017


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 27, 2017. The commission will consider any written comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 27, 2017. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: Las Palomas Water Services Company d/b/a Lake Valley Water; DOCKET NUMBER: 2016-0077-PWS-E; TCEQ ID NUMBER: RN101278521; LOCATION: five miles east of La Vernia on Farm-to-Market Road 539 near La Vernia, Wilson County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.117(c)(2)(A), (h), and (i)(1) and 40 Code of Federal Regulations (CFR) §141.86 and §141.90(a), by failing to collect lead and copper tap samples at the required ten sample sites, have the samples analyzed, and report the results to the executive director (ED) and by failing to collect one of the required ten samples, have the sample analyzed, and report 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 regarding the failure to collect lead and copper tap samples; 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the notification to the ED regarding the failure to submit a Disinfectant Level Quarterly Operating Report; 30 TAC §290.117(i)(6) and (j) and 40 CFR §141.85(d) and §141.90(f)(3), by failing to provide a consumer notification of lead tap water monitoring results to persons served at the sites (taps) that were tested, and by failing to mail a copy of the consumer notification of tap results to the ED along with certification that the consumer notification has been distributed; TWC, §5.702 and 30 TAC §291.76 by failing to pay regulatory assessment fees for the TCEQ Public Utility Account regarding Certificate of Convenience and Necessity Number 12308; TWC, §5.702 and 30 TAC §290.51(a)(6), by failing to pay annual public health service fees and/or any associated late fees for TCEQ Financial Administration Account Number 92470020; 30 TAC §290.117(g)(2)(A) and 40 CFR §141.83, by failing to submit a recommendation to the ED for source water treatment within 180 days after the end of the monitoring period during which the copper action level was exceeded; 30 TAC §290.122(b)(2)(A) and (f) and 40 CFR §141.90(d)(1), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a recommendation to the ED for source water treatment; 30 TAC §290.117(f)(3)(A) and 40 CFR §141.81(e)(1) and §141.82(a), by failing to submit a recommendation to the ED for optimal corrosion control treatment within six months after the end of the monitoring period during which the copper action level was exceeded; 30 TAC §290.122(b)(2)(A) and (f) and 40 CFR §141.90(c)(2), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a recommendation to the ED for optimal corrosion control treatment; 30 TAC §290.117(d)(2)(A), (h), and (i)(2) and 40 CFR §141.88 and §141.90(b), by failing to collect one lead and copper sample from each of the facility’s entry points no later than 180 days after the end of the monitoring period during which the copper action level was exceeded, have the samples analyzed, and report 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 regarding the failure to collect one lead and copper sample from each of the facility’s entry points no later than 180 days after the end of the monitoring period; 30 TAC §290.117(e)(2), (h), and (i)(3) and 40 CFR §141.87 and §141.90(a), by failing to conduct water quality parameter sampling at each of the facility’s entry points and the required distribution sample sites for two consecutive six-month periods following the monitoring period during which the copper action level was exceeded, have the samples analyzed, and report the results to the ED; 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 all of the required water quality parameter sampling; PENALTY: $3,890; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: Michael V. I. McIver; DOCKET NUMBER: 2016-0152-LII-E; TCEQ ID NUMBER: RN105522593; LOCATION: 3613 Wickersham Street, Corpus Christi, Nueces County; TYPE OF FACILITY: landscaping business; RULES VIOLATED: 30 TAC §344.35(d)(2), by failing to obtain a permit prior to the installation of an irrigation system; and 30 TAC §344.52(c), by failing to ensure backflow prevention devices are tested prior to being put into service; PENALTY: $1,530; STAFF ATTORNEY: Jess Robinson, Litigation Division, MC 175, (512) 239-0455; REGIONAL OFFICE: Corpus Christi Regional Office, NRC Building, Suite 1200, 6300 Ocean Drive, Unit 5839, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(3) COMPANY: RL Gordon; DOCKET NUMBER: 2015-1703-MSW-E; TCEQ ID NUMBER: RN108794041; LOCATION: 5215 Sweet Gum Road, Big Sandy, Upshur County; TYPE OF FACILITY: property with an unauthorized scrap tire storage site; RULES VIOLATED: 30 TAC §328.60(a), by failing to obtain a scrap tire storage site registration for the site prior to storing more than 500 used or scrap tires on the ground or 2,000 used or scrap tires in enclosed and lockable containers; and 30 TAC §330.15(c), by causing, suffering, allowing, or permitting the unauthorized disposal of municipal solid waste; PENALTY: $11,250; STAFF ATTORNEY: Jake Marx, Litigation Division, MC 175, (512) 239-5111; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

TRD-201700179

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 17, 2017


Notice of Public Comment Period and Hearing on Draft Oil and Gas General Operating Permits

The Texas Commission on Environmental Quality (TCEQ) is providing an opportunity for public comment and a notice and comment hearing (hearing) on the draft Oil and Gas General Operating Permits (GOPs) Numbers 511 and 514. The draft GOPs contain revisions based on recent state and federal rule changes, which include updates to the requirements tables and updates to the terms. This renewal also corrects typographical errors and updates language for administrative preferences.

The draft GOPs are subject to a 30-day comment period. During the comment period, any person may submit written comments on the draft GOPs. A hearing will be held in Austin on February 23, 2017, at 2:00 p.m. in Building E, Room 201S of the TCEQ offices, located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, TCEQ staff members will be available to discuss the draft GOPs 30 minutes prior to the hearing and will be available to answer questions after the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact the TCEQ at (512) 239-4000 or 1-800-RELAY-TX (TDD). Requests should be made as far in advance as possible.

Copies of the draft GOPs may be obtained from the TCEQ website at https://www.tceq.texas.gov/permitting/air/nav/titlev_news.html or by contacting Ms. Tasha Burns, Office of Air, Air Permits Division, at (512) 239-5868 or via email to tasha.burns@tceq.texas.gov. Written comments may be mailed to Ms. Sherry Davis, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: http://www1.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference the project number 2017-010-OTH-NR and should mention the appropriate draft Oil and Gas GOP number. The comment period closes on February 27, 2017. For further information, contact Ms. Burns at (512) 239-5868.

TRD-201700180

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: January 17, 2017


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of MAGNOLIA TRUCK TIRE SERVICE, INC.

SOAH Docket No. 582-17-1942

TCEQ Docket No. 2016-1138-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. - February 9, 2017

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed September 26, 2016, concerning assessing administrative penalties against and requiring certain actions of MAGNOLIA TRUCK TIRE SERVICE, INC., for violations in Harris County, Texas, of: 30 Tex. Admin. Code §328.60(a) and §328.63(c).

The hearing will allow MAGNOLIA TRUCK TIRE SERVICE, INC., 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 MAGNOLIA TRUCK TIRE SERVICE, INC., 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 MAGNOLIA TRUCK TIRE SERVICE, INC. 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. MAGNOLIA TRUCK TIRE SERVICE, INC., 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 ch. 7, Tex. Health & Safety Code ch. 361, and 30 Tex. Admin. Code chs. 70 and 328; 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.

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 11, 2017

TRD-201700210

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 18, 2017


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of Murphy Oil USA, Inc.

SOAH Docket No. 582-17-2168

TCEQ Docket No. 2016-0878-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. - February 16, 2017

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed October 31, 2016, concerning assessing administrative penalties against and requiring certain actions of MURPHY OIL USA, INC., for violations in Grayson County, Texas, of: Tex. Water Code §§26.3475(d) and 26.3467(a) and 30 Tex. Admin. Code §§334.7(a)(1) and (c), 334.8(c)(4)(A)(vi)(II) and (c)(5)(A)(i), 334.46(c)(1), and 334.49(b)(2).

The hearing will allow MURPHY OIL USA, INC., 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 MURPHY OIL USA, INC., 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 MURPHY OIL USA, INC. 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. MURPHY OIL USA, INC., 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 334; Tex. Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 Tex. Admin. Code §70.108 and §70.109 and ch. 80, and 1 Tex. Admin. Code ch. 155.

Further information regarding this hearing may be obtained by contacting 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.

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-201700211

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 18, 2017


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of Q Environmental, Inc.

SOAH Docket No. 582-17-1938

TCEQ Docket No. 2015-0708-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 9, 2017

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed May 31, 2016, concerning assessing administrative penalties against and requiring certain actions of Q ENVIRONMENTAL, INC., for violations in Harris County, Texas, of: 40 C.F.R. §§262.11, 279.22(b) and (d), 279.45(c)(1), (c)(2), (g)(1), and (h), 279.54(b)(1), (b)(2), (f)(1) and (g), 279.56, and 279.70(c)(2) and (3) and 30 Tex. Admin. Code §§324.1, 324.4(2)(C)(ii), 324.6, 324.11, 324.12, 324.13, 324.15, 328.23(a), 328.26(d), 335.4, 335.6(c) and (h), 335.62, 335.503(a), 335.504, 335.511 and 335.513.

The hearing will allow Q ENVIRONMENTAL, INC., 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 Q ENVIRONMENTAL, INC., 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 Q ENVIRONMENTAL, INC. 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. Q ENVIRONMENTAL, INC., 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 ch. 7, 40 C.F.R. Parts 262 and 279, Tex. Health & Safety Code chs. 361 and 371, and 30 Tex. Admin. Code chs. 70, 324, and 335; 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 Elizabeth Lieberknecht, Staff Attorney, Texas Commission on Environmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Information concerning your participation in this hearing may be obtained by contacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the same P.O. Box address given above, or by telephone at (512) 239-6363.

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

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-201700212

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 18, 2017


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of

QXY LLC AND SAM ZAMER DBA KIRBY SHELL

SOAH Docket No. 582-17-1937

TCEQ Docket No. 2016-0027-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. - February 9, 2017

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed November 14, 2016, concerning assessing administrative penalties against and requiring certain actions of QXY LLC and Sam Zamer dba Kirby Shell, for violations in Harris County, Texas, of: Tex. Water Code §26.121(a) and §26.3475(a) and (c)(1) and 30 Tex. Admin. Code §§334.10(b)(1)(B), 334.50(b)(1)(A) and (b)(2), and 334.54(a)(1).

The hearing will allow QXY LLC and Sam Zamer dba Kirby Shell, 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 QXY LLC and Sam Zamer dba Kirby Shell, 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 QXY LLC and Sam Zamer dba Kirby Shell 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. QXY LLC and Sam Zamer dba Kirby Shell, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.

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

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

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

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-201700213

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 18, 2017


Notice of Water Quality Application

The following notice was issued on January 10, 2017.

The following does not require publication in a newspaper. Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087 WITHIN (30) DAYS OF THE ISSUED DATE OF THE NOTICE.

INFORMATION SECTION

CITY OF GLEN ROSE has applied for a minor amendment to Texas Pollutant Discharge Elimination System Permit No. WQ0010177001 to authorize the addition of an alternative, adjacent outfall for use during wet weather conditions, and to reduce the 2-hour peak flow in the Final phase. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,000,000 gallons per day. The facility is located at 1509 Northeast Big Bend Trail (U.S. Highway 67) at the crossing of Van Zandt Branch and U.S. Highway 67 on the north side of U.S. Highway 67 (Big Bend Trail Northeast) and approximately 2000 feet northeast of the intersection of U.S. Highway 67 and State Highway 144 (Bernard Street) in Somervell County, Texas 76043.

TRD-201700192

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 18, 2017


Notice of Water Rights Application

Notice issued January 11, 2017

APPLICATION NO. 13112; Thomas J. Turner, 458 North County Road 391, Louise, TX 77455, Applicant, has applied for a water use permit to authorize the maintenance of a dam and reservoir on Lookout Creek, Lavaca River Basin and to authorize the use of the bed and banks of the reservoir and an unnamed tributary of Lookout Creek to convey groundwater for subsequent diversion and use for agricultural purposes to irrigate land in Wharton County. The application and partial fees were received on March 5, 2014. Additional information and fees were received on March 7, 2014; April 13, 2015; April 14, April 22, and September 18. The application was declared administratively complete and filed with the Office of the Chief Clerk on December 30, 2015. The Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would contain special conditions including, but not limited to, limiting the diversion of groundwater to 98.2% of the volume of groundwater discharged. The application, technical memoranda, and Executive Director’s draft permit are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Bldg. F., Austin, TX 78753. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 12-3589C; Elisabeth Kay Morgan, Applicant, 7608 Grace Avenue, Plano, Texas 75024, seeks to amend Certificate of Adjudication No. 12-3589, pursuant to a lease, to change the place of use for the authorized 182.369 acre-feet of water per year to irrigate an additional 30 acres out of an 85.218-acre tract for agricultural purposes in Comanche County, Texas. The application and fees were received on July 18, 2016. Additional information and fees were received on September 16, 2016. The application was declared administratively complete and filed with the Office of the Chief Clerk on October 28, 2016. The Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would contain special conditions including, but not limited to, maintenance of the lease agreement. The application, technical memoranda, and Executive Director’s draft permit are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Bldg. F., Austin, TX 78753. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided below by January 30, 2017.

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

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

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

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Public Education Program at (800) 687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.

TRD-201700193

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 18, 2017


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 January 2, 2017, through January 13, 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 20, 2017. The public comment period for this project will close at 5:00 p.m. on Monday, February 20, 2017.

FEDERAL AGENCY ACTIONS:

Applicant: Anadarko Petroleum Corporation

Location: The project is located in the Outer Continental Shelf, Lease # G08484, Mississippi Canyon Block 84, Gulf of Mexico

LATITUDE & LONGITUDE (NAD 83): 28.8933514 - 87.9846120

Project Description: Under this Supplemental Exploration Plan (EP), Anadarko Petroleum Corporation (Anadarko) proposes to drill and complete three wells, locations F, FF, and FFF, in Mississippi Canyon Block 84. Please note that the surface and bottom-hole locations used for the "F" well were previously cleared and approved under Exploration Plan Control No. S-7724 (MC 84 "F"). The wells will conduct operations using either a Dynamically Positioned (DP) Drillship or DP Semisubmersible drilling rig. Drilling and completion operations for the proposed well locations will utilize a Subsea BOP stack.

CMP Project No: 17-1092-F4

Type of Application: OCS Plan

Applicant: Odfjell Terminals Houston

Location: The project site is located in the Bayport Turning Basin, at 12211 Port Road, in Seabrook, Harris County, Texas. The project can be located on the U.S.G.S. quadrangle map titled: League City, Texas.

LATITUDE & LONGITUDE (NAD 83): 29.610608 - 95.018416

Project Description: The applicant requests to modify their existing permit to add authorization to relocate the existing drainage structure, construct a wing wall roughly parallel to the shoreline, install four new mooring dolphins and a high capacity fender on the bulkhead, and hydraulically dredge approximately 150,000 cubic yards of material from Docks #3 and #4 to a depth of 45 feet below mean sea level with 2 foot of over dredge. The purpose of this amendment to convert Dock #3 to serve ships as well as barges and construct a new ship dock (Dock #4). The dredged material is proposed to be placed in one of 6 existing Dredged Material Placement Areas (DMPAs). The purpose of this project is to expand the capabilities at the existing facility to take advantage of recent dredging in the channel and turning basin.

CMP Project No: 16-1021-F1

Applicant: Martin Midstream Partners

Location: The project site is located in the Corpus Christi Ship Channel at the Proposed Dock 15 location, along the north shore of the west end of the Main Turning Basin, approximately 1.04 miles west of the Harbor Bridge, in Corpus Christi, Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Corpus Christi, Texas.

LATITUDE & LONGITUDE (NAD 83): 27.81480 - 97.41197

Project Description: The applicant proposes to amend the existing Permit SWG-2014-00776. The project will consist of: 1) Increase the dock slip length from 750 feet to 1,100 feet. 2) Install two additional 72-inch-diameter monopole mooring dolphins. 3) The dock slip will be dredged at the same depth as authorized previously (-46.5 feet mean lower low water +2 feet overdepth). The proposed dredge volume will increase from the currently permitted amount of approximately 85,000 cubic yards of material to 120,000 cubic yards of material. The proposed dredge area will increase from 4.5 acres to 6.1 acres. The increased dredge area is a new work area. The dredge disposal site will be either the South Shore Cell B or the Herbie Mauer dredge material placement area #1 and #2.

CMP Project No: 17-1093-F1

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

TRD-201700197

Anne L. Idsal

Chief Clerk/Deputy Land Commissioner

General Land Office

Filed: January 18, 2017


Texas Department of Insurance

Company Licensing

Application to do business in the State of Texas by THE GRAY INDEMNITY COMPANY, a foreign fire and/or casualty company. The home office is in Metairie, Louisiana.

Application to do business in the State of Texas by NORMANDY INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Deerfield Beach, Florida.

Application for AIG STRUCTURED MORTGAGE INSURANCE COMPANY, a foreign fire and/or casualty company, to change its name to ARCH STRUCTURED MORTGAGE INSURANCE COMPANY. The home office is in Greensboro, North Carolina.

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-201700196

Norma Garcia

General Counsel

Texas Department of Insurance

Filed: January 18, 2017


Public Notice

To comply with 28 Texas Administrative Code §7.68(s), the Texas Department of Insurance is providing notice of the annual, quarterly, and supplemental filing checklists that reference the latest editions of the annual statement, quarterly statement, forms, and instructions adopted by the NAIC and the Texas-specific filing forms and instructions. These checklists may be found at www.tdi.texas.gov/financial/indexsmart.html.

TRD-201700186

Norma Garcia

General Counsel

Texas Department of Insurance

Filed: January 17, 2017


Texas Lottery Commission

Scratch Ticket Game Number 1875 "Aces High"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 1875 is "ACES HIGH". The play style is "beat score".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 1875 shall be $1.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 1875.

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: 3, 4, 5, 6, 7, 8, 9, 10, J, Q, K, A, $1.00, $2.00, $3.00, $5.00, $10.00, $20.00, $50.00, $100 and $1,000.

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. 1875 - 1.2D

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-Scratch Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1875), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 150 within each Pack. The format will be: 1875-0000001-001.

H. Pack - A Pack of the "ACES HIGH" Scratch Ticket Game contains 150 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Ticket 001 to 005 will be on the top page; Tickets 006 to 010 on the next page etc.; and Tickets 146 - 150 will be on the last page. All Packs will be tightly shrink-wrapped. There will be no breaks between the Tickets in a Pack.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "ACES HIGH" Scratch Ticket Game No. 1875.

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 "ACES HIGH" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 12 (twelve) Play Symbols. If a YOUR CARD Play Symbol beats the DEALER’S CARD Play Symbol, the player wins the PRIZE for that HAND. If a player reveals an "ACE" Play Symbol, the player wins double the PRIZE for that HAND. Card ranking (highest to lowest): A, K, Q, J, 10, 9, 8, 7, 6, 5, 4, 3. Each HAND plays separately. 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 12 (twelve) 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 12 (twelve) 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 12 (twelve) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 12 (twelve) 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. A Ticket can win up to four (4) times.

D. On winning and Non-Winning Tickets, the top cash prize of $1,000 will appear at least once, except on Tickets winning four (4) times.

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

F. Ranks of cards in this game in order from highest to lowest: A, K, Q, J, 10, 9, 8, 7, 6, 5, 4, 3. Each HAND plays separately.

G. Each HAND consists of one (1) DEALER’S CARD Play Symbol and one (1) YOUR CARD Play Symbol.

H. There will be no ties between the YOUR CARD Play Symbol and the DEALER’S CARD Play Symbol in the same HAND.

I. There will be no matching YOUR CARD Play Symbols on a Ticket, unless restricted by other parameters, play action or prize structure.

J. There will be no matching DEALER’S CARD Play Symbols on a Ticket, unless restricted by other parameters, play action or prize structure.

K. The "A" (ACE) Play Symbol will never appear as a DEALER’S CARD Play Symbol.

L. There will be no matching non-winning Prize Symbols on a Ticket.

M. The "A" (ACE) Play Symbol will never appear on a Non-Winning Ticket.

N. The "A" (ACE) Play Symbol will win double the prize.

O. The "A" (ACE) Play Symbol will never appear more than once on a winning Ticket.

2.3 Procedure for Claiming Prizes.

A. To claim an "ACES HIGH" Scratch Ticket Game prize of $1,00, $2.00, $3.00, $5.00, $10.00, $20.00, $50.00 or $100, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00 or $100 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 an "ACES HIGH" Scratch Ticket Game prize of $1,000, 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 an "ACES HIGH" 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 "ACES HIGH" 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 "ACES HIGH" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Scratch Ticket Ownership.

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

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

4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 9,000,000 Scratch Tickets in Scratch Ticket Game No. 1875. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1875 - 4.0

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

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 1875 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Instant Game Rules. See 16 TAC §401.302(j).

6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 1875, 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-201700181

Bob Biard

General Counsel

Texas Lottery Commission

Filed: January 17, 2017


Panhandle Regional Planning Commission

Notice of Application for Regional Water Planning Grant Funding for the Fifth Cycle of Regional Water Planning - Part II

Notice is hereby given that the Panhandle Regional Planning Commission will submit by February 21, 2017, a grant application for financial assistance to the Texas Water Development Board (TWDB) on behalf of Region A, to carry out planning activities to develop the 2021 Region A Regional Water Plan as part of the state’s Fifth Cycle (2017 - 2021) of Regional Water Planning. It is anticipated that the application will be considered by the Texas Water Development Board at an upcoming board meeting.

The Panhandle Water Planning Group (Region A) includes the following counties: Armstrong, Carson, Childress, Collingsworth, Dallam, Donley, Gray, Hall, Hansford, Hartley, Hemphill, Hutchinson, Lipscomb, Moore, Ochiltree, Oldham, Potter, Randall, Roberts, Sherman, Wheeler Counties.

By January 19, 2017, copies of the grant application may be obtained from the Panhandle Regional Planning Commission when it becomes available or online at www.panhandlewater.org. Written comments from the public regarding the grant application must be submitted by February 20, 2017, the Panhandle Regional Planning Commission and the TWDB as follows:

Kyle G. Ingham

Administrative Agent for Region A

Panhandle Regional Planning Commission

415 W. 8th

Amarillo, Texas 79105

Jeff Walker

Executive Administrator

Texas Water Development Board

P.O. Box 13231

Austin, Texas 78711-3231

For additional information, please contact Kyle G. Ingham, Panhandle Regional Planning Commission, 415 W. 8th, Amarillo, Texas 79105 {or} David Carter, Contract Administration, TWDB, P.O. Box 13231, Austin, Texas 78711.

TRD-201700191

Gary Pitner

Executive Director

Panhandle Regional Planning Commission

Filed: January 17, 2017


Public Utility Commission of Texas

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

The Public Utility Commission of Texas (commission) received an application on January 12, 2017, to amend a state-issued certificate of franchise authority, under Public Utility Regulatory Act §§66.001 - 66.016.

Project Title and Number: Application of Friendship Cable of Texas, Inc. d/b/a Suddenlink Communications for Amendment to its State-Issued Certificate of Franchise Authority, Project Number 46759.

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

Information on the application may be obtained by contacting the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All inquiries should reference Project Number 46759.

TRD-201700177

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 13, 2017


Notice of Application for a Name Change Amendment to a Certificate of Convenience and Necessity

Notice is given to the public of an application filed on January 13, 2017, with the Public Utility Commission of Texas for a name change amendment to a certificate of convenience and necessity.

Docket Style and Number: Application of CenturyTel Northwest Louisiana, Inc. dba CenturyLink for a Name Change Amendment to its Certificate of Convenience and Necessity, Docket Number 46763.

The Application: CenturyTel Northwest Louisiana, Inc. dba CenturyLink seeks to change its name to CenturyLink of Louisiana, LLC on its certificate of convenience and necessity No. 40009.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas as soon as possible, as an intervention deadline will be imposed. A comment or request to intervene should be mailed to P.O. Box 13326, Austin, Texas 78711-3326. 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 46763.

TRD-201700185

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 17, 2017


Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 9, 2017, pursuant to the Texas Water Code.

Docket Style and Number: Application of Orbit Systems, Inc. and Undine Texas, LLC for the Sale, Transfer, or Merger of Facilities and Certificate Rights in Brazoria, Fort Bend, and Matagorda Counties, Docket Number 46745.

The Application: Orbit Systems, Inc. and Undine Texas, LLC filed an application for the sale, transfer, or merger of facilities and certificate rights in Brazoria, Fort Bend, and Matagorda Counties. Specifically, Undine seeks approval to acquire all of Orbit's facilities and service area held under water certificate of convenience and necessity (CCN) No. 11982 and sewer CCN No. 20682.

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 46745.

TRD-201700165

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 12, 2017


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

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application to amend a sewer certificate of convenience and necessity in Williamson County.

Docket Style and Number: Application of City of Round Rock to Amend a Sewer Certificate of Convenience and Necessity and Decertify Portions of Windermere Utility Company's Certificate in Williamson County, Docket Number 46749.

The Application: City of Round Rock filed an application to amend its sewer certificate of convenience No. 20421 in Williamson County. The area included in this amendment is property that Windermere Utility Company has agreed to release to the City of Round Rock and property that the City of Round Rock is releasing to Windermere Utility Company.

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 46749.

TRD-201700189

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 17, 2017


Texas Department of Transportation

Notice of Availability: Record of Decision Grand Parkway State Highway 99 Segment B, from SH 288 to IH 45 South in Brazoria and Galveston Counties, Texas

Pursuant to Texas Administrative Code, Title 43, §2.108 and Code of Federal Regulations, Title 23, Chapter I, Subchapter H, §771.111 and Title 40, Chapter V, §1506, this notice advises the public that a record of decision (ROD) is available for review for the construction on the Grand Parkway State Highway (SH) 99 Segment B project from SH 288 to IH 45 South in Brazoria and Galveston Counties, Texas. The ROD explains the Selected Alternative and signifies the completion of the environmental review process. The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being, or have been, carried-out by TxDOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 16, 2014, and executed by FHWA and TxDOT.

The Selected Alternative would include the construction of an approximately 28.6-mile alignment, on new location, from SH 288 to Interstate Highway (IH) 45 South through Brazoria and Galveston Counties. The SH 99 Segment B would be constructed as a four-lane, controlled-access tollway facility, consisting of two lanes in each direction within a 400-foot-wide right-of-way (ROW) and auxiliary lanes between on-ramps and off-ramps, where appropriate. The Selected Alternative would require approximately 1,072 acres of new ROW.

To avoid noise impacts that may result from future development adjacent to a proposed highway project, the ROD includes a traffic noise analysis with predicted noise impact contours for currently undeveloped areas. These impact contours are general guides intended to assist local planning officials and developers plan and construct new activities in locations that would not result in traffic noise impacts.

On the date of approval and clearance of a ROD for a proposed highway project, which in this case was November 30, 2016, TxDOT is no longer responsible for providing noise abatement for new development.

A digital version of the signed ROD may be downloaded from the following website at: http://www.grandpky.com/Segment-B or by request to Christine Bergren at christine.bergren@txdot.gov or (713) 802-5249.

For further information, please contact Mr. Carlos Swonke, Director, Environmental Affairs Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701; telephone: (512) 416-3001; email: carlos.swonke@txdot.gov. TxDOT’s normal business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday.

TRD-201700176

Leonard Reese

Associate General Counsel

Texas Department of Transportation

Filed: January 13, 2017


Notice of Call for Projects - Transportation Alternatives Set-Aside Program

The Texas Department of Transportation (department) announces a Call for Projects for the Transportation Alternatives Set-Aside (TA Set-Aside) Program. The TA Set-Aside Program was created by the Fixing Americas Surface Transportation Act (also known as FAST Act) and is contained in 23 U.S.C. §133(h).

Purpose: The TA Set-Aside Program, as administered by the department, provides funding for construction of a variety of alternative transportation projects, including on-road and off-road pedestrian and bicycle facilities, infrastructure for non-driver access to public transportation, projects that enhance mobility, and Safe Routes to School infrastructure projects. This Call for Projects is open to eligible project sponsors from small urban areas with populations of 5,001 to 200,000 and non-urban areas with populations of 5,000 or less.

Procedures Applicable to this Call for Projects: The department’s administrative rules governing the implementation and administration of the statewide TA Set-Aside Program are located at 43 Texas Administrative Code §§11.400 - 11.418 and §§16.153 -16.154. The 2017 TA Set-Aside Program Guide and Nomination Form are available on the department's website at: http://www.txdot.gov/inside-txdot/division/public-transportation/bicycle-pedestrian.html. The 2017 TA Set-Aside Program Guide includes detailed information regarding eligibility requirements and the specific procedures applicable to this Call for Projects, as well as a map of the department's district offices, a list of the district TA Set-Aside Coordinators, and a list of the statewide TA Set-Aside workshop locations and dates. Please contact the local TA Set Aside Coordinator in your area for additional program information.

Content of Nomination Package: A nomination package must include the following: (1) the original 2017 TA Set-Aside Nomination Form completed in Microsoft Windows Excel 2010 (.xlsm) delivered to the department in its original Microsoft Windows Excel 2010 (.xlsm) format; and (2) a copy of the completed 2017 TA Set-Aside Nomination Form, including attachments, provided in a color Adobe Portable Document Format (PDF). The nomination package must present persuasive evidence of support for the proposed project from the communities in which it would be implemented and include a commitment from the project sponsor to provide a local funding match of at least 20% of the allowable construction costs of the project, subject to any eligible adjustments for projects located in economically disadvantaged counties or eligible in-kind contributions. A nomination package that fails to include any of the required information is considered to be incomplete and may not be considered for funding.

Project Screening and Evaluation: A project evaluation committee consisting of department staff will review, evaluate, and make recommendations on projects submitted during this Call for Projects. The committee will screen each project to determine whether it is eligible for funding under applicable federal and state law and whether it meets technical standards established by applicable law and accepted professional practices. The committee will evaluate the benefits of each eligible project based on the following criteria:

(1) Department goals and project emphasis areas (50% of the total evaluation score)

(a) safety

(b) mobility and congestion mitigation

(c) regional connectivity

(d) accessibility

(e) environmental benefits

(f) economic development

(2) Project readiness (25% of the total evaluation score)

(3) Local funding and support (25% of the total evaluation score)

(a) funding

(b) planning

(c) public support

Project Selection: A list of recommended projects will be provided to the Texas Transportation Commission (commission) for consideration. The commission will select projects for funding based on: (1) recommendations from the director of the division responsible for administering the TA Set-Aside Program; (2) the potential benefit to the state of the project; and (3) whether the project enhances the surface transportation system. The commission is not bound byproject selection recommendations provided by the department.

Key Dates and Deadlines:

January 27, 2017: Statewide Call for Projects issued

February/March 2017: TA Set-Aside Program Workshops

May 22, 2017, 5:00 p.m., CDT: TA Set-Aside project nomination deadline

May - August 2017: Project screening and evaluation

Fall 2017: Project selection by the commission

TRD-201700190

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: January 17, 2017