Office of the Attorney General
Notice of Settlement of a Texas Health and Safety Code
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under the Texas
Health and Safety Code. Before the State may settle a judicial enforcement
action, pursuant to the Texas Water Code, the State shall permit the
public to comment in writing on the proposed judgment. The Attorney
General will consider any written comments and may withdraw or withhold
consent to the proposed agreed judgment if the comments disclose facts
or considerations that indicate that the consent is inappropriate,
improper, inadequate, or inconsistent with the requirements of the
Acts.
Case Title and Court: Settlement Agreement in the
State of Texas v. McCain Farms, LLC
, No.
D-1-GV-10-001906, in the 53rd Judicial District, Travis County, Texas.
Background: This suit alleges violations of the Texas Health and
Safety Code at a sugarcane and sugar beets farm in Cameron County,
Texas. The Defendant, McCain Farms LLC, is the owner and operator
of the farm. The suit seeks civil penalties, attorney's fees and court
costs. The Texas Health and Safety Code violations are for the unauthorized
burning of a field at the farm.
Nature of Settlement: The settlement awards $10,000.00 in civil
penalties and $2,000.00 in attorney's fees to the State.
For a complete description of the proposed settlement, the complete
proposed Agreed Final Judgment should be reviewed. Requests for copies
of the judgment and written comments on the proposed settlement should
be directed to David L. Green, Assistant Attorney General, Office
of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548,
(512) 475-3205, facsimile (512) 457-4603. Written comments must be
received within 30 days of publication of this notice to be considered.
For information regarding this publication,
contact Zindia Thomas, Agency Liaison, at (512) 936-9901.
TRD-201202295
Jay Dyer
Deputy Attorney General
Office of the Attorney General
Filed: May 7, 2012
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under the Texas
Water Code and the Texas Health and Safety Code. Before the State
may settle a judicial enforcement action under the Texas Water Code,
the State shall permit the public to comment in writing on the proposed
judgment. The Attorney General will consider any written comments
and may withdraw or withhold consent to the proposed agreed judgment
if the comments disclose facts or considerations that indicate that
the consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the Texas Water Code and the Texas Health
and Safety Code.
Case Title and Court:
Harris County, Texas,
and the State of Texas acting by and through the Texas Commission
on Environmental Quality v. Total Petrochemicals USA, Inc.,
Cause
No. 2011-31488, in the 189th Judicial District Court, Harris County,
Texas.
Nature of Defendant's Operations: Defendant is a multi-national
manufacturer and supplier of petrochemicals who owns and operates
a petrochemical refining and manufacturing plant in La Porte, Harris
County, Texas. Claims settled include allegations that Total Petrochemicals
USA, Inc., released dangerous air contaminants without authorization.
Proposed Agreed Judgment: The Agreed Final Judgment orders Total
Petrochemicals USA, Inc., $25,000.00 in civil penalties, to be divided
equally between Harris County and the State of Texas. In addition,
the Defendant will pay $2,883.00 and $1,800.00 in attorney's fees
to Harris County, Texas, and to the State of Texas respectively. The
Defendant will also pay court costs.
For a complete description of the proposed settlement, the complete
proposed Agreed Final Judgment should be reviewed. Requests for copies
of the judgment, and written comments on the proposed settlement,
should be directed to Anthony W. Benedict, Assistant Attorney General,
Office of the 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.
For information regarding this publication,
contact Zindia Thomas, Agency Liaison, at (512) 936-9901.
TRD-201202331
Jay Dyer
Deputy Attorney General
Office of the Attorney General
Filed: May 8, 2012
Notice is hereby given by the State of Texas of the following proposed
resolution of an environmental enforcement lawsuit under the Texas
Health and Safety Code and the Texas Water Code. Before the State
may settle a judicial enforcement action under the Texas Health and
Safety Code and the Texas Water Code, the State shall permit the public
to comment in writing on the proposed judgment. The Attorney General
will consider any written comments and may withdraw or withhold consent
to the proposed agreed judgment if the comments disclose facts or
considerations that indicate that the consent is inappropriate, improper,
inadequate, or inconsistent with the requirements of the Texas Health
and Safety Code and the Texas Water Code.
Case Title and Court:
State of Texas v.
Astro Waste, Inc.,
Cause No. D-1-GV-08-002578, in the 419th
Judicial District Court, Travis County, Texas.
Background: This suit alleges violations of the rules promulgated
by the Texas Commission on Environmental Quality under the Texas Health
and Safety Code related to the processing of municipal solid waste.
The Defendant is Astro Waste, Inc. The suit seeks civil penalties,
injunctive relief, attorney's fees, and court costs.
Proposed Agreed Final Judgment: The Agreed Final Judgment orders
Astro Waste, Inc., to pay $38,015.00 in civil penalties. In addition,
the Defendant will pay $16,000.00 in attorney's fees to the State
of Texas.
For a complete description of the proposed settlement, the complete
proposed Agreed Final Judgment should be reviewed. Requests for copies
of the judgment, and written comments on the proposed settlement,
should be directed to Mark Steinbach, 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.
For information regarding this publication,
contact Zindia Thomas, Agency Liaison, at (512) 936-9901.
TRD-201202317
Jay Dyer
Deputy Attorney General
Office of the Attorney General
Filed: May 7, 2012
Notice of Request for Proposals
Pursuant to Chapters 403; 2254, Subchapter A; and 2305, §2305.032,
Texas Government Code, the Comptroller of Public Accounts (Comptroller),
State Energy Conservation Office (SECO) announces its Request for
Proposals (RFP #203f) and invites proposals from qualified, interested
engineering firms and individuals to provide professional energy engineering
services for the LoanSTAR Revolving Loan Program. The Comptroller
reserves the right to award more than one contract under the RFP.
If a contract award is made under the terms of this RFP, Contractor
will be expected to begin performance of the contract on or about
September 1, 2012, or as soon thereafter as practical.
Contact: Parties interested in submitting a proposal should contact
William Clay Harris, Assistant General Counsel, Contracts, Comptroller
of Public Accounts, in the Issuing Office at: 111 E. 17th St., Room
201, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy
of the RFP. The Comptroller will mail copies of the RFP only to those
parties specifically requesting a copy. The RFP will be available
for pick-up at the above referenced address on Friday, May 18, 2012,
after 10:00 a.m. Central Time (CT) and during normal business hours
thereafter. The Comptroller will also make the entire RFP available
electronically on the Electronic State Business Daily (ESBD) at: http://esbd.cpa.state.tx.us
after 10:00 a.m. CT on Friday, May 18, 2012.
Questions and Non-Mandatory Letters of Intent: All written inquiries,
questions, and Non-mandatory Letters of Intent to propose must be
received at the above-referenced address not later than 2:00 p.m.
(CT) on Friday, May 25, 2012. Prospective proposers are encouraged
to fax non-mandatory Letters of Intent and Questions to (512) 463-3669
to ensure timely receipt. Non-mandatory Letters of Intent must be
addressed to William Clay Harris, Assistant General Counsel, Contracts,
and must contain the information as stated in the corresponding Section
of the RFP and be signed by an official of that entity. On or about
Friday, June 1, 2012, the Comptroller expects to post responses to
questions on the ESBD. Late Non-mandatory Letters of Intent and Questions
will not be considered under any circumstances. Respondents shall
be solely responsible for verifying timely receipt of Non-Mandatory
Letters of Intent and Questions in the Issuing Office.
Closing Date: Proposals must be delivered in the Issuing Office
to the attention of the Assistant General Counsel, Contracts, no later
than 2:00 p.m. (CT), on Friday, June 15, 2012. Late Proposals will
not be considered under any circumstances. Respondents shall be solely
responsible for verifying time receipt of Proposals in the Issuing
Office.
Evaluation Criteria: Proposals will be evaluated under the evaluation
criteria outlined in the RFP. The Comptroller will make the final
decision. The Comptroller reserves the right to accept or reject any
or all proposals submitted. The Comptroller is not obligated to execute
a contract on the basis of this notice or the distribution of any
RFP. The Comptroller shall not pay for any costs incurred by any entity
in responding to this Notice or to the RFP.
The anticipated schedule of events pertaining to this solicitation
is as follows: Issuance of RFP - May 18, 2012, after 10:00 a.m. CT;
Non-Mandatory Letters of Intent and Questions Due - May 25, 2012,
2:00 p.m. CT; Official Responses to Questions posted - June 1, 2012;
Proposals Due - June 15, 2012, 2:00 p.m. CT; Contract Execution -
September 1, 2012, or as soon thereafter as practical; Commencement
of Services - September 1, 2012.
TRD-201202351
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: May 9, 2012
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in §§303.003,
303.005, and 303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009
for the period of 05/14/12 - 05/20/12 is 18% for Consumer
1
/Agricultural/Commercial
2
credit
through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009
for the period of 05/14/12 - 05/20/12 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial,
investment or other similar purpose.
TRD-201202320
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: May 8, 2012
Notice of Correction: Request for Applications Concerning the 2012-2014 College for All Pilot Grant
The Texas Education Agency (TEA) published Request for Applications
(RFA) #701-12-103 concerning the College for All Pilot grant for the
2012-2013 and 2013-2014 school years in the April 13, 2012, issue
of the
Texas Register
(37 TexReg 2773).
The TEA is amending the deadline for receipt of any and all questions
submitted in writing. In order to assure that no prospective applicant
may obtain a competitive advantage because of acquisition of information
unknown to other prospective applicants, any and all questions must
be submitted in writing by Tuesday, May 22, 2012, to the TEA contact
persons identified in Part 2: Program Guidelines of the RFA. This
correction reflects a change from the original deadline date of Thursday,
May 10, 2012.
The TEA is also amending the deadline for receipt of applications.
Applications must be received in the TEA Document Control Center by
5:00 p.m. (Central Time), Tuesday, June 12, 2012, to be eligible to
be considered for funding. This correction reflects a change from
the original deadline date of Thursday, May 24, 2012.
Further Information. For clarifying information about the RFA,
contact Vicki Logan, Division of Grants Administration, Texas Education
Agency, (512) 463-8525.
TRD-201202354
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Filed: May 9, 2012
Request for Proposal to Provide an Election Administrator for the Board of Trustee Election
The Employees Retirement System of Texas ("ERS") is issuing a Request
for Proposal ("RFP") seeking an independent company to act as Trustee
election administrator. The initial term of the Contractual Agreement
("Contract") will begin upon Contract execution through August 31,
2015. The RFP may be obtained from the Electronic State Business Daily
("ESBD") on or after May 18, 2012 by going to the following link:
http://esbd.cpa.state.tx.us.
Anyone wishing to respond to the RFP shall meet the following preferred
criteria: (1) maintain its principal place of business in the United
States of America; (2) have experience providing election services
for similar-sized organizations for a minimum of three years; (3)
capability of providing a variety of voting technologies, including
paper, web-based, and telephone; (4) capability of providing a 24-hour
toll-free telephone line and TDD access number for the hearing and
speech impaired; (5) capability to provide the requirements specified
in the RFP's Scope of Work; (6) be in good financial standing, not
in any form of bankruptcy, and current in the payment of all taxes
and fees; and (7) maintain adequate liability insurance. Further requirements
are set out in the RFP and Contract. The Contract will also be posted
on ESBD.
Questions should be submitted no later than May 25, 2012, at 4:00
p.m. Central Time, by submitting them to Chris Wood, ERS Purchasing
Team Lead, at
chris.wood@ers.state.tx.us.
For
questions submitted prior to the inquiry deadline, ERS shall post
the question and response on the ESBD by 5:00 p.m. Central Time on
June 4, 2012.
The deadline for submitting Proposals is June 18, 2012, at 12:00
p.m. Central Time.
ERS will base its evaluation and selection of a Trustee election
administrator on factors including, but not limited to, the following
(which are not necessarily listed in order of priority): compliance
with and adherence to the RFP and acceptance of the Contract terms;
experience; skills and ability to perform the required services and
quality of services; ability to work within the timeframe established
by ERS; proposed rates; Respondent's financial strength and stability;
legal disclosure requirements; references; and other factors deemed
appropriate by ERS. Among the offerors that ERS determines to be capable
of providing high quality, cost-effective services in compliance with
the RFP requirements, technological capabilities will be used as a
distinguishing factor. ERS may also give preference to an entity whose
principal place of business is within the state of Texas or that uses
Texas-based personnel to provide the services.
ERS reserves the right to reject any Proposal submitted that does
not fully comply with the RFP's instructions and criteria, to vary
any RFP provision at any time prior to execution of a Contract and
to call for new Proposals if deemed by ERS to be in its best interests.
ERS retains the right to approve the Proposal that is in its best
interests, and is under no legal requirement to execute a Contract
on the basis of this notice or upon issuance of the RFP. ERS will
not pay any costs incurred by anyone in responding to the RFP.
TRD-201202337
Paula A. Jones
General Counsel and Chief Compliance Officer
Employees Retirement System of Texas
Filed: May 9, 2012
Agreed Orders
The Texas Commission on Environmental Quality (TCEQ or commission)
staff is providing an opportunity for written public comment on the
listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075.
TWC, §7.075 requires that before the commission may approve the
AOs, the commission shall allow the public an opportunity to submit
written comments on the proposed AOs. TWC, §7.075 requires that
notice of the proposed orders and the opportunity to comment must
be published in the
Texas Register
no
later than the 30th day before the date on which the public comment
period closes, which in this case is June 18, 2012. 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 June
18, 2012. 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: ANEEKA & SAFEER, INCORPORATED dba Tidwell Food
Store; DOCKET NUMBER: 2012-0505-PST-E; IDENTIFIER: RN101793024; LOCATION:
Houston, Harris County; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULE 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 (not
to exceed 35 days between each monitoring); PENALTY: $2,000; ENFORCEMENT
COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 5425
Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: Blake Site Corporation; DOCKET NUMBER: 2012-0530-WQ-E;
IDENTIFIER: RN106349640; LOCATION: North Richland Hills, Tarrant County;
TYPE OF FACILITY: property; RULE VIOLATED: 30 TAC §281.25(a)(4)
and 40 Code of Federal Regulations §122.26(c), by failing to
obtain authorization to discharge storm water associated with construction
activities under Texas Pollutant Discharge Elimination System Construction
General Permit Number TXR150000; PENALTY: $938; ENFORCEMENT COORDINATOR:
Jorge Ibarra, P.E., (817) 588-5890; REGIONAL OFFICE: 2309 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: Celanese Ltd.; DOCKET NUMBER: 2011-1945-AIR-E; IDENTIFIER:
RN100258060; LOCATION: Bay City, Matagorda County; TYPE OF FACILITY:
chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c)
and §122.143(4), Federal Operating Permit Number O1628, Special
Terms and Conditions Number 16, Air Permit Number 4196, Special Conditions
Number 11, and Texas Health and Safety Code, §382.085(b), by
failing to conduct sampling to quantify emissions from the Vinyl Acetate
Cooling Tower (Emission Point Number 301M150) using the El Paso method,
or approved equivalent, with results determined in pounds per hour
and cumulative tons per year; PENALTY: $17,743; ENFORCEMENT COORDINATOR:
Nadia Hameed, (713) 767-3629; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(4) COMPANY: CELINA SHELL FOOD MART, INCORPORATED; DOCKET NUMBER:
2011-2023-PST-E; IDENTIFIER: RN100770411; LOCATION: Celina, Collin
County; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by
failing to timely renew a previously issued underground storage tank
(UST) delivery certificate by submitting a properly completed UST
registration and self-certification form at least 30 days before the
expiration date; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a),
by failing to make available to a common carrier a valid, current
TCEQ delivery certificate before accepting delivery of a regulated
substance into the USTs; 30 TAC §334.50(b)(2)(A)(i)(III) and
TWC, §26.3475(a), by failing to test the line leak detector at
least once per year for performance and operational reliability; 30
TAC §334.50(d)(1)(B)(ii) and TWC, §26.3475(c)(1), by failing
to provide release detection for the USTs by failing to conduct reconciliation
of detailed inventory control records at least once each month, in
a manner sufficiently accurate to detect a release which equals or
exceeds the sum of 1.0% of the total substance flow-through for the
month plus 130 gallons; 30 TAC §334.50(d)(1)(B)(iii)(I) and TWC, §26.3475(c)(1),
by failing to record inventory volume measurement for regulated substance
inputs, withdrawals, and the amount still remaining in the tank each
operating day; 30 TAC §334.48(c), by failing to conduct effective
manual or automatic inventory control procedures for the USTs involved
in the retail sale of petroleum substances used as a motor fuel; 30
TAC §115.242(3)(E) and Texas Health and Safety Code (THSC), §382.085(b),
by failing to maintain the Stage II vapor recovery system in proper
operating condition, as specified by the manufacturer and/or any applicable
California Air Resources Board Executive Order, and free of defects
that would impair the effectiveness of the system, including but not
limited to absence or disconnection of any component that is part
of the approved system; 30 TAC §115.245(2) and THSC, §382.085(b),
by failing to verify proper operation of the Stage II vapor recovery
system at least once every 12 months; and 30 TAC §115.246(1),
(4), (6) and THSC, §382.085(b), by failing to maintain Stage
II records at the station and making them immediately available for
review upon request by agency personnel; PENALTY: $39,573; ENFORCEMENT
COORDINATOR: Mike Pace, (817) 588-5933; REGIONAL OFFICE: 2309 Gravel
Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Centerville Independent School District; DOCKET NUMBER:
2012-0511-PST-E; IDENTIFIER: RN101668044; LOCATION: Centerville, Leon
County; TYPE OF FACILITY: fleet refueling; RULE 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 (not to exceed 35 days between each monitoring)
and by failing to provide release detection for the piping associated
with the USTs; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Michael Meyer,
(512) 239-4492; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco,
Texas 76710-7826, (254) 751-0335.
(6) COMPANY: City of Royse City; DOCKET NUMBER: 2011-2273-MWD-E;
IDENTIFIER: RN102940087; LOCATION: Royse City, Rockwall County; TYPE
OF FACILITY: wastewater treatment plant with associated collection
system; RULE VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1),
and Texas Pollutant Discharge Elimination System Permit Number WQ0010366001,
Permit Conditions Number 2.g., by failing to prevent the unauthorized
discharge of wastewater from the collection system into or adjacent
to water in the state; PENALTY: $6,000; Supplemental Environmental
Project offset amount of $6,000 applied to Texas Association of Resource
Conservation and Development Areas, Incorporated - Water or Wastewater
Treatment Assistance; ENFORCEMENT COORDINATOR: Steve Villatoro, (512)
239-4930; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
(7) COMPANY: Crete Carrier Corporation; DOCKET NUMBER: 2012-0352-PST-E;
IDENTIFIER: RN101545192; LOCATION: Wilmer, Dallas County; TYPE OF
FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §334.50(b)(2)
and TWC, §26.3475(b), by failing to provide release detection
for the piping associated with the underground storage tanks; PENALTY:
$2,016; ENFORCEMENT COORDINATOR: Thane Barkley, (512) 239-2552; REGIONAL
OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(8) COMPANY: Duchman, Ltd. dba Duchman Family Winery; DOCKET NUMBER:
2012-0053-PWS-E; IDENTIFIER: RN106301245; LOCATION: Driftwood, Hays
County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.39(e)(1)
and (h)(1) and Texas Health and Safety Code, §341.035(a), by
failing to submit engineering plans and specifications to the executive
director and obtain approval of the plans and specifications prior
to the construction of a new public water system; and 30 TAC §290.42(b)(1),
by failing to provide disinfection facilities for the groundwater
supply to ensure microbiological control and distribution protection;
PENALTY: $550; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361)
825-3425; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin,
Texas 78753-1808, (512) 339-2929.
(9) COMPANY: E. S. Water Utility Consolidators, Incorporated; DOCKET
NUMBER: 2012-0028-MLM-E; IDENTIFIER: RN101430080 and RN102874625;
LOCATION: Montgomery County; TYPE OF FACILITY: water utility and public
water supply; RULE VIOLATED: 30 TAC §290.39(j), by failing to
notify the executive director prior to making any significant changes
to the facility's production, treatment, storage, pressure maintenance,
or distribution system; and 30 TAC §291.93(3) and TWC, §13.139(d),
by failing to submit to the executive director a planning report that
clearly explains how the facility, which has reached 85% of its capacity,
will provide the expected service demands to the remaining areas within
the boundaries of its certificated area; PENALTY: $160; ENFORCEMENT
COORDINATOR: Michaelle Sherlock, (210) 403-4076; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(10) COMPANY: EKN CORPORATION dba SSG ALL SEASONS; DOCKET NUMBER:
2011-2256-PST-E; IDENTIFIER: RN101741403; LOCATION: Houston, Harris
County; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a),
by failing to provide proper release detection for the pressurized
piping associated with the underground storage tanks; PENALTY: $2,554;
ENFORCEMENT COORDINATOR: Bridgett Lee, (512) 239-2565; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(11) COMPANY: Eli Gravriel Sasson; DOCKET NUMBER: 2011-2292-MWD-E;
IDENTIFIER: RN101525137; LOCATION: Harris County; TYPE OF FACILITY:
wastewater treatment; RULE VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1),
and Texas Pollutant Discharge Elimination System (TPDES) Permit Number
WQ0011414002, Effluent Limitations and Monitoring Requirements Numbers
1 and 2, by failing to comply with permitted effluent limitations;
30 TAC §305.125(1) and (9)(A), and TPDES Permit Number WQ0011414002,
Monitoring and Reporting Requirements Number 7.c, by failing to report
any effluent violation which deviates from the permitted limitation
by more than 40% in writing to the Regional Office and the Enforcement
Division within five working days of becoming aware of the non-compliance;
and TWC, §26.121(a)(1), 30 TAC §305.125(1) and (4), and
TPDES Permit Number WQ0011414002, Effluent Limitations and Monitoring
Requirements Number 4, and Permit Conditions Number 2.d, by failing
to prevent the discharge of floating solids and sludge into or adjacent
to water in the state and by failing to comply with permitted effluent
limitations; PENALTY: $16,125; ENFORCEMENT COORDINATOR: JR Cao, (512)
239-2543; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(12) COMPANY: Exterran Energy Solutions, L.P.; DOCKET NUMBER: 2011-1838-MLM-E;
IDENTIFIER: RN101993830; LOCATION: Victoria, Victoria County; TYPE
OF FACILITY: oilfield equipment maintenance; RULE VIOLATED: 30 TAC §305.125(1)
and Texas Pollutant Discharge Elimination System (TPDES) General Permit
Number TXR05Y435, Part III, Section A.7, by failing to conduct the
annual comprehensive compliance site evaluation in 2010; 30 TAC §305.125(1)
and TPDES General Permit Number TXR005Y435, Part III, Section A.5(g),
by failing to conduct quarterly site inspections for the last three
quarters in 2010 and the first quarter of 2011; 30 TAC §335.2(b),
by failing the respondent has caused, suffered, allowed, or permitted
the shipment of industrial solid waste to an unauthorized facility;
and 30 TAC §305.125(1) and TPDES General Permit Number TXR05Y435,
Part III, Section A.4(e), by failing to summarize all data from the
laboratory analysis of storm water discharge samples; PENALTY: $23,341;
Supplemental Environmental Project offset amount of $9,336 applied
to Houston Arboretum & Nature Center - Hurricane Ike Habitat Restoration
and Removal of Invasive Species; ENFORCEMENT COORDINATOR: Steve Villatoro,
(512) 239-4930; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus
Christi, Texas 78412-5503, (361) 825-3100.
(13) COMPANY: FAA HOUSTON TRACON DISTRICT 190; DOCKET NUMBER: 2011-2218-PST-E;
IDENTIFIER: RN102267283; LOCATION: Houston, Harris County; TYPE OF
FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §334.49(a)(1)
and TWC, §26.3475(d), by failing to provide proper corrosion
protection for the underground storage tank system; PENALTY: $1,875;
ENFORCEMENT COORDINATOR: Heather Brister, (254) 761-3034; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(14) COMPANY: Fort Bend Independent School District; DOCKET NUMBER:
2012-0199-PST-E; IDENTIFIER: RN102448651; LOCATION: Houston, Fort
Bend County; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30
TAC §334.10(b), by failing to maintain the required underground
storage tank records and making them immediately available for inspection
upon request by agency personnel; PENALTY: $1,000; ENFORCEMENT COORDINATOR:
Keith Frank, (512) 239-1203; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(15) COMPANY: Harvey Ray Hawkins; DOCKET NUMBER: 2011-2314-LII-E;
IDENTIFIER: RN103510830; LOCATION: San Angelo, Tom Green County; TYPE
OF FACILITY: irrigation and landscape business; RULE VIOLATED: 30
TAC §344.24(a) and §344.35(d)(2), by failing to comply with
local regulations, by failing to obtain a permit required to install
an irrigation system and by failing to have a final inspection conducted
on the irrigation system; 30 TAC §344.71(b), by failing to include
in all written estimates, proposals, bids, and invoices relating to
the installation or repair of an irrigation system(s) the statement:
Irrigation in Texas is regulated by the TCEQ (MC-178), P.O. Box 13087,
Austin, Texas 78711-3087. TCEQ's Web site is
www.tceq.texas.gov;
30 TAC §344.63(2) and (4), by failing to provide an irrigation
plan and maintenance checklist to the homeowner; and 30 TAC §344.35(d)(5),
by failing to retain the irrigation system records; PENALTY: $1,288;
ENFORCEMENT COORDINATOR: Heather Podlipny, (512) 239-2603; REGIONAL
OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (325)
655-9479.
(16) COMPANY: HASINA INCORPORATED dba Tejani Chevron; DOCKET NUMBER:
2011-2104-PST-E; IDENTIFIER: RN101901437; LOCATION: Houston, Harris
County; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE 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 (not to exceed 35 days between
each monitoring); PENALTY: $1,625; ENFORCEMENT COORDINATOR: JR Cao,
(512) 239-2543; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston,
Texas 77023-1486, (713) 767-3500.
(17) COMPANY: Mexia Independent School District; DOCKET NUMBER:
2012-0296-PST-E; IDENTIFIER: RN101674679; LOCATION: Mexia, Limestone
County; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §334.49(a)(1)
and TWC, §26.3475(d), by failing to provide proper corrosion
protection for the underground storage tank system; PENALTY: $2,000;
ENFORCEMENT COORDINATOR: Andrea Park, (512) 239-4575; REGIONAL OFFICE:
6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(18) COMPANY: Muhammad Zaman dba Hoff's Food Stop; DOCKET NUMBER:
2011-2284-PST-E; IDENTIFIER: RN101746956; LOCATION: Mathis, San Patricio
County; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE 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 (not to exceed
35 days between each monitoring), and also by failing to provide release
detection for the piping associated with the USTs; PENALTY: $1,754;
ENFORCEMENT COORDINATOR: Steve Villatoro, (512) 239-4930; REGIONAL
OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503,
(361) 825-3100.
(19) COMPANY: NEW MART CORPORATION dba Beltway Mobil; DOCKET NUMBER:
2012-0193-PST-E; IDENTIFIER: RN101789345; LOCATION: Houston, Harris
County; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE 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 (not to exceed 35 days between
each monitoring); PENALTY: $2,550; ENFORCEMENT COORDINATOR: Thomas
Greimel, (512) 239-5690; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(20) COMPANY: Pasadena Refining System, Incorporated; DOCKET NUMBER:
2010-2073-AIR-E; IDENTIFIER: RN100716661; LOCATION: Pasadena, Harris
County; TYPE OF FACILITY: petroleum refining; RULE VIOLATED: 30 TAC §116.115(c)
and §122.143(4), Federal Operating Permit (FOP) Number O1544,
Special Terms and Conditions (STC) Number 17, Air Permit Number 76192,
Special Conditions (SC) Number 6, and Texas Health and Safety Code
(THSC), §382.085(b), by failing to maintain the required minimum
level of Potential Hydrogen in the Sorbent Regeneration System Caustic
Scrubber (Unit ID VTLSG001) scrubbing solution; 30 TAC §116.115(c)
and §122.143(4), FOP Permit Number O1544, STC Number 17, Air
Permit Number 22039, SC Number 6, and THSC, §382.085(b), by failing
to operate Boiler 6 (Unit ID BLRHT006) within the required carbon
monoxide limit of 50 parts per million (ppm) for a total of 685 hours;
30 TAC §116.115(c) and §122.143(4), FOP Permit Number O1544,
STC Numbers 1A and 17, Air Permit Number 6059, SC Number 12, 40 Code
of Federal Regulations (CFR) §60.104(a)(2)(i), and THSC, §382.085,
by failing to limit the in-stack hourly average for sulfur dioxide
in the Sulfur Recovery Unit (SRU) Tail Gas Incinerator (Unit ID SRUIN001)
to 250 ppm; 30 TAC §116.115(c) and §122.143(4), FOP Permit
Number O1544, STC Number 17, Air Permit Number 6059, SC Number 4,
and THSC, §382.085(b), by failing to maintain the SRU Tail Gas
Incinerator (Unit ID SRUIN001) at or above the minimum temperature
of 1,250 degrees Fahrenheit and at the required oxygen level of 3%;
30 TAC §§115.725(l), 115.764(a)(3), 116.115(c)and 122.143(4),
FOP Permit Number O1544, STC Number 1A, Air Permit Number 56389, SC
Number 6E, and THSC, §382.085(b), by failing to operate the Highly
Reactive Volatile Organic Compounds analyzers for the East and West
Flares (Unit IDs FLRFNEAST and FLRFNWEST) and for the Complex Cooling
Tower (Unit ID FUCTWCPX), at least 95% of the operational time averaged
over a calendar year; 30 TAC §116.115(c) and §122.143(4),
FOP Permit Number O1544, STC Number 17, Air Permit Number 6059, SC
Number 5, and THSC, §382.085(b), by failing to maintain the required
minimum flame zone temperature of 2,300 degrees Fahrenheit for the
SRU and the Thermal Reactor; 30 TAC §116.115(c) and §122.143(4),
FOP Permit Number O1544, STC Number 17, Air Permit Number 56389, SC
Number 1, and THSC, §382.085(b), by failing to comply with the
annual allowable emissions rate; 30 TAC §101.201(a)(1)(B) and §122.143(4),
FOP Permit Number O1544, STC Number 2F, and THSC, §382.085(b),
by failing to report an emissions event (Number 2008-224); 30 TAC §116.115(c)
and §122.143(4), FOP Permit Number O1544, STC Number 17, Air
Permit Number 20246, SC Number 14, Air Permit Number 56389, SC Number
4, and THSC, §382.085(b), by failing to demonstrate compliance
with the hourly fill rate for Volatile Organic Compound Storage Tank
Numbers 118, 330 and 820 from October 1, 2008 - September 30, 2009;
and 30 TAC §116.115(c) and §122.143(4), FOP Permit Number
O1544, STC Numbers 1A and 17, Air Permit Number 22039, SC Number 4,
Air Permit Number 5953, SC Number 1, Air Permit Number 20246, SC Number
12 and 40 CFR §50.104(a)(1) and THSC, §382.085(b), by failing
to limit the concentration of Hydrogen Sulfide in fuel gas streams
to 160 ppm; PENALTY: $745,303; Supplemental Environmental Project
offset amount of $372,651 applied to The Sheltering Arms Weatherization
Assistance Program; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3629;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(21) COMPANY: Patty Eckert; DOCKET NUMBER: 2011-2197-MSW-E; IDENTIFIER:
RN104925318; LOCATION: London, Kimble County; TYPE OF FACILITY: unauthorized
disposal site; RULE VIOLATED: 30 TAC §330.15(c), by failing to
prevent the unauthorized disposal of municipal solid waste; and 30
TAC §324.6 and 40 Code of Federal Regulations §279.22(d),
by failing to perform response action upon detection of a release
of used oil; PENALTY: $1,312; ENFORCEMENT COORDINATOR: Philip Aldridge,
(512) 239-0855; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo,
Texas 76903-7013, (325) 655-9479.
(22) COMPANY: Pioneer Food Mart Incorporated dba Bob's Town &
Country; DOCKET NUMBER: 2011-2311-PST-E; IDENTIFIER: RN101869915;
LOCATION: Canton, Van Zandt County; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A)
and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor
underground storage tanks (USTs) for releases at a frequency of at
least once every month (not to exceed 35 days between each monitoring)
and by failing to provide proper release detection for the piping
associated with the UST system; PENALTY: $2,379; ENFORCEMENT COORDINATOR:
Jill Russell, (512) 239-4564; REGIONAL OFFICE: 2916 Teague Drive,
Tyler, Texas 75701-3734, (903) 535-5100.
(23) COMPANY: Sam's Truck Stop Business, Incorporated dba Plateau
Truck Stop; DOCKET NUMBER: 2011-1792-PWS-E; IDENTIFIER: RN101377620;
LOCATION: 20 miles east of Van Horn, Culberson County; TYPE OF FACILITY:
public water supply; RULE VIOLATED: 30 TAC §290.109(c)(3)(A)(ii)
and §290.122(c)(2)(B), by failing to collect a set of repeat
distribution coliform samples within 24 hours of being notified of
a total coliform-positive result on a routine sample and by failing
to provide public notice to persons served by the facility regarding
the failure to collect repeat distribution coliform samples during
the month of August 2010; 30 TAC §290.109(c)(2)(F) and §290.122(c)(2)(B),
by failing to collect at least five routine distribution coliform
samples the month following a coliform-positive sample result and
by failing to provide public notice to persons served by the facility
regarding the failure to sample for the month of September 2010; 30
TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B), and Texas
Health and Safety Code, §341.033(d), by failing to collect routine
distribution water samples for coliform analysis and by failing to
provide notice to persons served by the facility regarding the failure
to conduct routine coliform monitoring for the months of October 2010,
January 2011, and April - May 2011; and 30 TAC §290.109(c)(4)(B)
and §290.122(c)(2)(B), by failing to collect one raw groundwater
source
escherichia coli
sample from
the facility's well within 24 hours of notification of a distribution
total coliform positive sample and by failing to provide public notice
to persons served by the facility regarding the failure to collect
one raw groundwater source
escherichia coli
sample
during the month of December 2010; PENALTY: $3,340; ENFORCEMENT COORDINATOR:
Andrea Linson, (512) 239-1482; REGIONAL OFFICE: 401 East Franklin
Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(24) COMPANY: SKY 2 C, INCORPORATED dba Sky Food Mart; DOCKET NUMBER:
2011-2361-PST-E; IDENTIFIER: RN102424322; LOCATION: Houston, Harris
County; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE 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 (not to exceed 35 days between
each monitoring); PENALTY: $5,500; ENFORCEMENT COORDINATOR: Raymond
Marlow, P.G., (409) 899-8785; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(25) COMPANY: Sterling Collision Centers, Incorporated; DOCKET
NUMBER: 2012-0442-AIR-E; IDENTIFIER: RN106313034; LOCATION: Austin,
Travis County; TYPE OF FACILITY: auto body refinishing; RULE VIOLATED:
30 TAC §116.110(a) and Texas Health and Safety Code, §382.0518(a)
and §382.085(b), by failing to obtain proper authorization prior
to operating an auto body refinishing facility; PENALTY: $4,500; ENFORCEMENT
COORDINATOR: Kimberly Morales, (713) 422-8938; REGIONAL OFFICE: 12100
Park 35 Circle, Building A, Austin, Texas 78753-1808, (512) 339-2929.
(26) COMPANY: STRUCTURAL METALS, INCORPORATED; DOCKET NUMBER: 2011-2321-IHW-E;
IDENTIFIER: RN102413689; LOCATION: Seguin, Guadalupe County; TYPE
OF FACILITY: steel works with an electrical arc furnace and rolling
mills; RULE VIOLATED: 30 TAC §37.251(b), by failing to demonstrate
acceptable financial assurance that meets the requirements of the
financial test option; PENALTY: $5,475; Supplemental Environmental
Project offset amount of $2,190 applied to Texas State University
at San Marcos - Continuous Water Quality Monitoring Network; ENFORCEMENT
COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 14250
Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(27) COMPANY: Sugartree, Incorporated; DOCKET NUMBER: 2011-1921-WR-E;
IDENTIFIER: RN106229719; LOCATION: Lipan, Parker County; TYPE OF FACILITY:
golf course; RULE VIOLATED: TWC, §11.121 and 30 TAC §297.11,
by failing to obtain authorization prior to impounding, diverting,
storing or using state water; PENALTY: $1,500; ENFORCEMENT COORDINATOR:
Heather Brister, (254) 761-3034; REGIONAL OFFICE: 2309 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(28) COMPANY: Tanda Management LLC dba Lucas Car Care; DOCKET NUMBER:
2012-0100-AIR-E; IDENTIFIER: RN106265101; LOCATION: Cypress, Harris
County; TYPE OF FACILITY: an automobile repair shop that includes
a vehicle safety and emission certification station; RULE VIOLATED:
30 TAC §114.50(d)(1) and Texas Health and Safety Code, §382.085(b),
by failing to prevent the issuance of a vehicle inspection report
when all applicable air pollution emissions control related requirements
of the annual vehicle safety inspection requirements were not completely
met; PENALTY: $450; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(29) COMPANY: Transatlantic Alliance Corporation dba The Corner;
DOCKET NUMBER: 2011-2319-PST-E; IDENTIFIER: RN101636702; LOCATION:
Garland, Dallas County; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULE 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 (not
to exceed 35 days between each monitoring); PENALTY: $1,875; ENFORCEMENT
COORDINATOR: Andrea Linson, (512) 239-1482; REGIONAL OFFICE: 2309
Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(30) COMPANY: WESTOVER AND WESTOVER GROUP, LLC dba Conoco Express;
DOCKET NUMBER: 2012-0119-PST-E; IDENTIFIER: RN101570091; LOCATION:
Irving, Dallas County; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and
TWC, §26.3475(c)(1), by failing to monitor the underground storage
tanks (USTs) for releases at a frequency of at least once per month
(not to exceed 35 days between each monitoring); and 30 TAC §334.10(b),
by failing to maintain the required UST records and making them immediately
available for inspection upon request by agency personnel; PENALTY:
$15,971; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL
OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-201202322
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 8, 2012
The Texas Commission on Environmental Quality (TCEQ) adopted amendments
to Chapters 50, 55, and 80 in the April 27, 2012, issue of the
Texas Register
(37 TexReg 3120). Errors
in the rulemaking notices and their corrections are outlined as follows.
On page 3124, first column, last paragraph, the word "provide"
in the first sentence should be "provides". The corrected text reads:
"The amendment to TWC, §5.115(b) provides that a state agency...."
On page 3127, second column, first complete paragraph, the word
"COMMENTS:" should be deleted.
On page 3128, second column, second complete paragraph, the word
"COMMENT:" should be deleted.
On page 3130, second column, first paragraph, the word "COMMENT:"
should be deleted.
On page 3133, first column, first paragraph under the heading "Statutory
Authority", the phrase "TWC, §5.311, concerning Delegation of
Responsibility, which provides that the commission may delegate hearings
to the State Office of Administrative Hearings;" should be moved in
front of "TWC, §5.315, concerning Discovery in Cases Using Prefiled
Testimony, which defines discovery deadlines in cases using prefiled
testimony;".
On page 3133, first column, third paragraph under the heading "Statutory
Authority", the references "§5.315" and "§5.311" are reversed
in the series. The corrected text reads:
"The amendment implements TWC, §§5.115, 5.228, 5.311,
5.315, and 5.556, and HB 2694, Article 10."
On page 3137, second column, first paragraph, the word "provide"
in the first sentence should be "provides". The corrected text reads:
"The amendment to TWC, §5.115(b) provides that a state agency...."
On page 3140, second column, first complete paragraph, the word
"COMMENTS:" should be deleted.
On page 3141, second column, second complete paragraph, the word
"COMMENT:" should be deleted.
On page 3143, second column, first complete paragraph, the word
"COMMENT:" should be deleted.
On page 3146, first column, first paragraph under the heading "Statutory
Authority", the phrase "TWC, §5.311, concerning Delegation of
Responsibility, which provides that the commission may delegate hearings
to the State Office of Administrative Hearings;" should be moved in
front of "TWC, §5.315, concerning Discovery in Cases Using Prefiled
Testimony, which defines discovery deadlines in cases using prefiled
testimony;".
On page 3146, first column, third paragraph under the heading "Statutory
Authority", the references "§5.315" and "§5.311" are reversed
in the series. The corrected text reads as follows:
"The amendment implements TWC, §§5.115, 5.228, 5.311,
5.315, and 5.556, and HB 2694, Article 10."
On page 3146, second column, first paragraph under the heading
"Statutory Authority", the phrase "TWC, §5.311, concerning Delegation
of Responsibility, which provides that the commission may delegate
hearings to the State Office of Administrative Hearings;" should be
moved in front of "TWC, §5.315, concerning Discovery in Cases
Using Prefiled Testimony, which defines discovery deadlines in cases
using prefiled testimony;".
On page 3146, second column, third paragraph under the heading
"Statutory Authority", the references "§5.315" and "§5.311"
are reversed in the series. The corrected text reads:
"The amendments implement TWC, §§5.115, 5.228, 5.311,
5.315, and 5.556, and HB 2694, Article 10."
On page 3147, first column, first paragraph under the heading "Statutory
Authority", the phrase "TWC, §5.311, concerning Delegation of
Responsibility, which provides that the commission may delegate hearings
to the State Office of Administrative Hearings;" should be moved in
front of "TWC, §5.315, concerning Discovery in Cases Using Prefiled
Testimony, which defines discovery deadlines in cases using prefiled
testimony;".
On page 3147, first column, third paragraph under the heading "Statutory
Authority", the references "§5.315" and "§5.311" are reversed
in the series. The corrected text reads:
"The amendment implements TWC, §§5.115, 5.228, 5.311,
5.315, and 5.556, and HB 2694, Article 10."
On page 3152, second column, third complete paragraph, the word
"provide" in the first sentence should be "provides". The corrected
text reads:
"The amendment to TWC, §5.115(b) provides that a state agency...."
On page 3163, first column, first paragraph under the heading "Statutory
Authority" for 30 TAC §80.17, the phrase "TWC, §5.311, concerning
Delegation of Responsibility, which provides that the commission may
delegate hearings to the State Office of Administrative Hearings;"
should be moved in front of "TWC, §5.315, concerning Discovery
in Cases Using Prefiled Testimony, which defines discovery deadlines
in cases using prefiled testimony;".
On page 3163, first column, third paragraph under the heading "Statutory
Authority" for 30 TAC §80.17, the references "§5.315" and
"§5.311" are reversed in the series. The corrected text reads:
"The amendment implements TWC, §§5.115, 5.228, 5.311,
5.315, and 5.556, and HB 2694, Article 10."
On page 3163, second column, first paragraph continued from the
previous column, the phrase "TWC, §5.311, concerning Delegation
of Responsibility, which provides that the commission may delegate
hearings to the State Office of Administrative Hearings;" should be
moved in front of "TWC, §5.315, concerning Discovery in Cases
Using Prefiled Testimony, which defines discovery deadlines in cases
using prefiled testimony;".
On page 3163, second column, second complete paragraph, the references
"§5.315" and "§5.311" are reversed in the series. The corrected
text reads:
"The amendments implement TWC, §§5.115, 5.228, 5.311,
5.315, and 5.556, and HB 2694, Article 10."
On page 3164, first column, first paragraph continued from the
previous page, the phrase "TWC, §5.311, concerning Delegation
of Responsibility, which provides that the commission may delegate
hearings to the State Office of Administrative Hearings;" should be
moved in front of "TWC, §5.315, concerning Discovery in Cases
Using Prefiled Testimony, which defines discovery deadlines in cases
using prefiled testimony;".
On page 3164, first column, second complete paragraph, the references
"§5.315" and "§5.311" are reversed in the series. The corrected
text reads:
"The amendments implement TWC, §§5.115, 5.228, 5.311,
5.315, and 5.556, and HB 2694, Article 10."
On page 3164, first column, last paragraph, the phrase "TWC, §5.311,
concerning Delegation of Responsibility, which provides that the commission
may delegate hearings to the State Office of Administrative Hearings;"
should be moved in front of "TWC, §5.315, concerning Discovery
in Cases Using Prefiled Testimony, which defines discovery deadlines
in cases using prefiled testimony;".
On page 3164, second column, second complete paragraph, the references
"§5.315" and "§5.311" are reversed in the series. The corrected
text reads:
"The amendments implement TWC, §§5.115, 5.228, 5.311,
5.315, and 5.556, and HB 2694, Article 10."
TRD-201202284
Proposed Permit No. 42D
APPLICATION. Waste Management of Texas, Inc., 1201 North Central
Street, Ferris, Ellis County, Texas 75125-2101, has applied to the
Texas Commission on Environmental Quality (TCEQ or Commission) for
a Type I Municipal Solid Waste permit major amendment to authorize
a horizontal expansion of the Skyline Landfill. The facility is located
at 1201 North Central Street, Ferris, Ellis County, Texas 75125-2101.
The TCEQ received the application on April 20, 2012. The permit application
is available for viewing and copying at the Ferris Public Library,
301 East 10th Street, Ferris, Ellis County, Texas 75125-3028. The
following link to an electronic map of the facility's general location
is provided as a public courtesy and is not part of the application
or notice: http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=32.546666&lng=-96.665833&zoom=13&type=r.
For exact location, refer to the application.
ADDITIONAL NOTICE. TCEQ's Executive Director has determined the
application is administratively complete and will conduct a technical
review of the application. After technical review of the application
is complete, the Executive Director may prepare a draft permit and
will issue a preliminary decision on the application. Notice of the
Application and Preliminary Decision will be published and mailed
to those who are on the county-wide mailing list and to those who
are on the mailing list for this application. That notice will contain
the deadline for submitting public comments.
PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments or
request a public meeting on this application. The purpose of a public
meeting is to provide the opportunity to submit comments or to ask
questions about the application. TCEQ will hold a public meeting if
the Executive Director determines that there is a significant degree
of public interest in the application or if requested by a local legislator.
A public meeting is not a contested case hearing.
OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for
submitting public comments, the Executive Director will consider all
timely comments and prepare a response to all relevant and material,
or significant public comments. Unless the application is directly
referred for a contested case hearing, the response to comments, and
the Executive Director's decision on the application, will be mailed
to everyone who submitted public comments and to those persons who
are on the mailing list for this application. If comments are received,
the mailing will also provide instructions for requesting reconsideration
of the Executive Director's decision and for requesting a contested
case hearing. A person who may be affected by the facility is entitled
to request a contested case hearing from the Commission. A contested
case hearing is a legal proceeding similar to a civil trial in state
district court.
TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING
ITEMS IN YOUR REQUEST: your name, address, phone number; applicant's
name and permit number; the location and distance of your property/activities
relative to the facility; a specific description of how you would
be adversely affected by the facility in a way not common to the general
public; and, the statement "[I/we] request a contested case hearing."
If the request for contested case hearing is filed on behalf of a
group or association, the request must designate the group's representative
for receiving future correspondence; identify an individual member
of the group who would be adversely affected by the facility or activity;
provide the information discussed above regarding the affected member's
location and distance from the facility or activity; explain how and
why the member would be affected; and explain how the interests the
group seeks to protect are relevant to the group's purpose. Following
the close of all applicable comment and request periods, the Executive
Director will forward the application and any requests for reconsideration
or for a contested case hearing to the TCEQ Commissioners for their
consideration at a scheduled Commission meeting. The Commission will
only grant a contested case hearing on disputed issues of fact that
are relevant and material to the Commission's decision on the application.
Further, the Commission will only grant a hearing on issues that were
raised in timely filed comments that were not subsequently withdrawn.
MAILING LIST. If you submit public comments, a request for a contested
case hearing or a reconsideration of the Executive Director's decision,
you will be added to the mailing list for this application to receive
future public notices mailed by the Office of the Chief Clerk. In
addition, you may request to be placed on: (1) the permanent mailing
list for a specific applicant name and permit number; and/or (2) the
mailing list for a specific county. To be placed on the permanent
and/or the county mailing list, clearly specify which list(s) and
send your request to TCEQ Office of the Chief Clerk at the address
below.
AGENCY CONTACTS AND INFORMATION. All public comments and requests
must be submitted either electronically at www.tceq.texas.gov/about/comments.html
or in writing to the Texas Commission on Environmental Quality, Office
of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087.
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. For more information
about this permit application or the permitting process, please call
the TCEQ's Public Education Program, toll free, at 1-800-687-4040.
Si desea información en español, puede llamar al 1-800-687-4040.
Further information may also be obtained from Waste Management of
Texas, Inc., by calling Steve Jacobs, Director of Disposal Operations
at (512) 272-6245.
TRD-201202349
Bridget C. Bohac
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 9, 2012
The following notices were issued on April 27, 2012 through May
4, 2012.
INFORMATION SECTION
The following require the applicants to publish notice in a newspaper.
Public comments, requests for public meetings, or requests for a contested
case hearing 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 DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.
BIG BROWN POWER COMPANY LLC AND LUMINANT GENERATION COMPANY LLC
which operates the Big Brown Steam Electric Station, a steam power
generating station, have applied for a renewal of Texas Pollutant
Discharge Elimination System (TPDES) Permit No. WQ0001309000, which
authorizes the discharge of once through cooling water and previously
monitored effluents (PMEs) at a daily average rate not to exceed 1015
million gallons per day (MGD) and a daily maximum rate not to exceed
1015 MGD via Outfall 001 on an interim basis; once through cooling
water and PMEs at a daily average flow not to exceed 1522 MGD and
a daily maximum flow not to exceed 1522 MGD via Outfall 001 - final;
ash transport water and metal cleaning waste on an intermittent and
flow variable basis via Outfall 101; storm water runoff from lignite
storage areas and the plant area yard drains, low volume wastewater,
and PMEs on an intermittent and flow variable basis via Outfall 002;
and domestic wastewater on a flow variable basis via Outfall 102.
The facility is located on the north bank of Fairfield Lake on Farm-to-Market
Road 2570, approximately eleven (11) miles northeast of the City of
Fairfield, Freestone County, Texas 75840.
CITGO REFINING AND CHEMICALS COMPANY LP which proposes to operate
Citgo Corpus Christi Petroleum Coke Storage and Handling Facility,
has applied for a new permit, proposed TPDES Permit No. WQ0004977000,
to authorize the discharge of storm water runoff, dust suppression
runoff from coke piles, and truck wash water on an intermittent and
flow variable basis via Outfall 001. The facility is located on the
north side of Tule Lake Channel, 1/2 mile southwest of the intersection
of Navigation Boulevard and County Road 55 B, on the north side of
Bulk Dock Road, west of Navigation Boulevard in Corpus Christi, Nueces
County, Texas 78407.
CITY OF LAMESA has applied for a renewal of TPDES Permit No. WQ0010107001,
which authorizes the discharge of treated domestic wastewater at an
annual average flow not to exceed 2,000,000 gallons per day. The facility
is located approximately 1.30 miles southeast of the intersection
of State Highway 137 and Sulphur Springs Draw; southeast of the City
of Lamesa in Dawson County, Texas 79331.
LUCE BAYOU PUBLIC UTILITY DISTRICT has applied for a renewal of
TPDES Permit No. WQ0011167001, which authorizes the discharge of treated
domestic wastewater at a daily average flow not to exceed 225,000
gallons per day. The facility is located 3.5 miles north of the intersection
of Farm-to-Market Road 1960 and Farm-to-Market Road 2100 at a point
2 miles north of Huffman in Harris County, Texas 77336.
THE CITY OF HUTTO has applied for a new permit, proposed TPDES
Permit No. WQ0011324002, to authorize the discharge of treated domestic
wastewater at an annual average flow not to exceed 4,000,000 gallons
per day. The facility will be located at 10700 Farm-to-Market Road
1660, between Cottonwood Creek and Lower Brushy Creek, south of the
intersection of Farm-to-Market Road 1660 and County Road 134, in Hutto
in Williamson County, Texas 78634.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO 157 has applied for
a renewal of TPDES Permit No. WQ0011906001 which authorizes the discharge
of treated domestic wastewater at an annual average flow not to exceed
2,300,000 gallons per day. The facility is located at 19355 Aspen
Trail, on the northern bank of Dinner Creek and approximately 2,000
feet south of Farm-to-Market Road 529 (Freeman Road) in Harris County,
Texas 77449.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO 208 has applied for
a major amendment to TPDES Permit No. WQ0011947001 to authorize the
removal of Diazinon reporting and Public Education Program requirements
from the permit. The current permit authorizes the discharge of treated
domestic wastewater at an annual average flow not to exceed 6,700,000
gallons per day. The facility is located at 7926 State Highway 6,
approximately 3/4 mile northeast of the intersection of State Highway
6 and Farm-to-Market Road 529 (Spencer Road) in Harris County, Texas
77095.
ESTATE OF ROBERT EDWARD PINE AND CATHERINE DEBLIEUX (Administrator)
have applied to the Texas Commission on Environmental Quality (TCEQ)
for a major amendment to TPDES Permit No. WQ0013735001 to authorize
an increase in the discharge of treated domestic wastewater from a
daily average flow not to exceed 21,000 gallons per day to a daily
average flow not to exceed 35,000 gallons per day. The proposed amendment
also requests to change the treatment process from a constructed wetland
system to an activated sludge system. The facility is located approximately
0.3 mile south of American Canal on County Road 48 and 2.8 miles north
of the intersection of State Highway 6 and County Road 48 in Brazoria
County, Texas 77583.
UTILITIES INVESTMENT COMPANY INC has applied to the TCEQ for a
renewal of TPDES Permit No. WQ0013988001, which authorizes the discharge
of treated domestic wastewater at a daily average flow not to exceed
49,000 gallons per day. The facility is located approximately 2.5
miles west-northwest of the intersection of Interstate Highway 45
and Longstreet Road and 3.8 miles north-northwest of the intersection
of River Road and Farm-to-Market Road 830 in Montgomery County, Texas
77318.
MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 24 has applied
for a renewal of TPDES Permit No. WQ0014116001, which authorizes the
discharge of treated domestic wastewater at a daily average flow not
to exceed 100,000 gallons per day. The facility is located at 4003
Ricewood Drive, approximately 0.5 mile northwest of the point where
White Oak Creek leaves Montgomery County and approximately 2.5 miles
east of U.S. Highway 59 in Montgomery County, Texas 77365.
OMEGA HEALTHCARE INVESTORS INC has applied for a renewal of TPDES
Permit No. WQ0014329001, which authorizes the disposal of treated
domestic wastewater at a daily average flow not to exceed 12,600 gallons
per day via surface irrigation of 6.41 acres of non-public access
land. The wastewater treatment facility and disposal site are located
at 8579 State Highway 31 West, approximately 2.5 miles west of the
City of Athens, on the south side of State Highway 31 in Henderson
County, Texas 75751.
FAR HILLS UTILITY DISTRICT AND UTILITY SERVICES OF AMERICA LLC
has applied for a major amendment to TPDES Permit No. WQ0014555002
to relocate the outfall and renewal of the authorization to discharge
of treated domestic wastewater from a daily average flow not to exceed
700,000 gallons per day. The facility is located at 11266 Cude Cemetery
Road, on the east side of Cude Cemetery Road approximately 1,800 feet
south of Farm-to-Market Road 830 in Montgomery County, Texas 77318.
EB WINDY HILL LP has applied for a new permit, proposed TPDES Permit
No. WQ0015011001, to authorize the discharge of treated domestic wastewater
at a daily average flow not to exceed 400,000 gallons per day. The
facility will be located south of the end of Mockingbird Lane and
approximately 2 miles east of the intersection of Interstate Highway
35 and County Road 122 (Bebee Road) in Hays County, Texas 78640.
The following do not require publication in a newspaper. Written
comments or requests for a public meeting may be submitted to the
Office of the Chief Clerk, at the address provided in the information
section above, WITHIN 30 DAYS OF THE ISSUED DATE OF THE NOTICE.
THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY has initiated a minor
amendment of the TPDES Permit No. WQ0010388001 issued to the City
of Brenham, P.O. Box 1059, Brenham, Texas 77834. The existing permit
authorizes the discharge of treated domestic wastewater at an annual
average flow not to exceed 3,550,000 gallons per day. The minor amendment
is to approve the pretreatment program substantial modification. The
City of Brenham submitted to the TCEQ for approval a request for a
substantial modification to its approved pretreatment program under
the TPDES program. Approval of the request for modification to the
pretreatment program will allow City of Brenham to revise the technically
based local limits and to continue to regulate the discharge of pollutants
by industrial users into its treatment works facilities, to perform
inspections, surveillance, and monitoring, to determine compliance
with applicable pretreatment standards and requirements, and to enforce
against noncompliant industrial users. The request for approval complies
with both federal and State requirements. The substantial modification
will be approved without change if no substantive comments are received
within 30 days of notice publication. The facility is located at 2005
Old Chappell Hill Road, approximately 3,300 feet southeast of the
intersection of Farm-to-Market Road 577 and State Highway 105, south
of and adjacent to Hog Branch in the City of Brenham in Washington
County, Texas.
If you need more information about these permit applications or
the permitting process, please call the TCEQ Public Education Program,
toll free, at 1-800-687-4040. General information about the TCEQ can
be found at our web site at www.tceq.texas.gov. Si desea información
en español, puede llamar al 1-800-687-4040.
TRD-201202350
Bridget C. Bohac
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 9, 2012
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
during the period of April 30, 2012, through May 7, 2012. 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 General Land Office's web site. The notice
was published on the web site on May 9, 2012. The public comment period
for this project will close at 5:00 p.m. on June 8, 2012.
FEDERAL AGENCY ACTIONS:
Applicant: Sunoco Partners Marketing &
Terminals, LLC
Location: The project site is located in the Gulf Intracoastal
Waterway, at Corps Station 200+100, approximately 4 miles northeast
of Freeport, in Brazoria County, Texas. The site can be located on
the U.S.G.S. quadrangle map titled: Freeport, Texas. NAD 83, Latitude:
28.9704 North; Longitude: -95.2829 West.
Project Description: The proposed project is an amendment to permit
SWG-1993-01136 (formerly W-N-243-41-PERMIT-6622) issued 1965, which
authorized the dredging of a slip 60-foot-wide by 650-foot-long to
an elevation of -12 Mean Low Tide (MLT) in the Gulf Intracoastal Waterway,
with the dredged material to be placed on shore on the applicant's
property. The applicant proposes to install two new barge dolphins
as well as hydraulically dredge the barge dock berth from -12 MLT
to -15 MLT. Approximately 21,000 cubic yards of dredged material will
be placed in an approved upland Dredge Material Placement Area (DMPA)
1, 2, 3, 7 or 85. The Port of Freeport holds a 20-year easement for
these DMPA's. The applicant will coordinate with the Port of Freeport
as to which DMPA will be used.
CMP Project No.: 12-0732-F1
Type of Application: U.S.A.C.E. permit application #SWG-1993-01136
is being evaluated under §10 of the Rivers and Harbors Act of
1899 (33 U.S.C.A. §403).
Pursuant to §306(d)(14) of the Coastal Zone Management Act
of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested
parties are invited to submit comments on whether a proposed action
or activity is or is not consistent with the CMP goals and policies
and whether the action should be referred to the Land Commissioner
for review.
Further information on the application listed above, including
a copy of the consistency certifications or consistency determinations
for inspection may be obtained from Kate Zultner, Consistency Review
Specialist, P.O. Box 12873, Austin, Texas 78711-2873, or via email
at kate.zultner@glo.texas.gov. Comments should be sent to Ms. Zultner
at the above address or by email.
TRD-201202348
Larry L. Laine
Chief Clerk/Deputy Land Commissioner
General Land Office
Filed: May 9, 2012
Licensing Actions for Radioactive Materials
TRD-201202292
Lisa Hernandez
General Counsel
Department of State Health Services
Filed: May 7, 2012
Announcement of the Opening of the Public Comment Period for the Corrected Draft Substantial Amendment 3 to the State of Texas FFY 2010 Action Plan
The Texas Department of Housing and Community Affairs (the "Department")
announces the opening of a 15-day public comment period for an amendment
to the
State of Texas Federal Fiscal Year
(FFY) 2010 Action Plan
as required by the U.S. Department of
Housing and Urban Development (HUD). The Amendment is necessary as
part of the overall requirements governing the State's consolidated
planning process. The Amendment is submitted in compliance with 24
CFR §91.520, Consolidated Plan Submissions for Community Planning
and Development Programs, as modified by the
Federal
Register
Notice (Docket No.FR-5321-N-03). The 15-day public
comment period begins May 18, 2012 and continues until 5:00 p.m. on
June 1, 2012.
This amendment outlines the expected distribution and use of $7,284,978
through the Neighborhood Stabilization Program (NSP), which HUD is
providing to the State of Texas. This allocation of funds is provided
under §1497 of the Wall Street Reform and Consumer Protection
Act of 2010 (Pub. L. 111-203, approved July 21, 2010) ("Dodd-Frank
Act").
Beginning May 18, 2012, the Substantial Amendment will be available
on the Department's website at www.tdhca.state.tx.us. A hard copy
may be requested by contacting the Texas Neighborhood Stabilization
Program at P.O. Box 13941, Austin, Texas 78711-3941 or by calling
(512) 475-3726.
Written comment should be sent by mail to Marni Holloway, Texas
Department of Housing and Community Affairs, Neighborhood Stabilization
Program, P.O. Box 13941, Austin, Texas 78711-3941, by email to marni.holloway@tdhca.state.tx.us,
or by fax to (512) 475-3746.
TRD-201202355
Timothy K. Irvine
Executive Director
Texas Department of Housing and Community Affairs
Filed: May 9, 2012
Company Licensing
Application for a Certificate of Authority as a Texas port of entry
by INDUSTRIAL ALLIANCE INSURANCE AND FINANCIAL SERVICES, INC., an
alien life, accident and/or health company. The home office is in
Quebec, Canada.
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 Godwin Ohaechesi, 333 Guadalupe Street, MC 305-2C,
Austin, Texas 78701.
TRD-201202285
Sara Waitt
General Counsel
Texas Department of Insurance
Filed: May 4, 2012
The Texas Department of Insurance (TDI) filed a Notice of Public
Hearing on April 26, 2012, for publication in the May 11, 2012, issue
of the
Texas Register
(37 TexReg 3641).
On page 3642, first column, under "Anticipated Schedule," the date
"May 15, 2012" should be "May 22, 2012". The corrected text should
read as follows:
"TDI public hearing to make selection May 22, 2012"
TRD-201202283
Award of Contract
Request for Proposal 473-12-00150 - Conservation
Education Outreach/Website Services
The Public Utility Commission of Texas (PUCT) is issuing an award
of proposal to assist the PUCT in developing and executing strategies
for the development and operation of an education program that emphasizes
the benefits to Texas and retail consumers of energy conservation
particularly during peak usage periods, an energy conservation website
to be hosted by the PUCT, and a summer peak energy savings challenge.
Description of Services:
The contractor shall implement creative strategy and messaging
for:
- the need for energy conservation particularly during peak usage
periods
- the development of a website that will serve as a central location
for information on energy efficiency and conservation programs
- coordination with Smart Meter Texas education on utilizing smart
meter data to manage energy usage/lower costs
- develop resources for educators and Texas students related to
energy usage
Name of Contractor:
Sherry Matthews Advocacy Marketing
200 South Congress Avenue, Austin, TX 78704
Duration of Contract and Award Amount:
May 1, 2012 through August 31, 2013
$539,850.00
TRD-201202315
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 7, 2012
Notice is given to the public of the filing with the Public Utility
Commission of Texas of an application on May 8, 2012, for a service
provider certificate of operating authority (SPCOA), pursuant to §§54.151
- 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Samsara Communications,
Inc. for a Service Provider Certificate of Operating Authority, Docket
Number 40379.
Applicant intends to provide data, facilities-based, and resale
telecommunications services.
Applicant proposes the geographic area of the entire state of Texas.
Persons who wish to comment upon 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 no later than May 25, 2012. Hearing and speech-impaired
individuals with text telephone (TTY) may contact the commission at
(512) 936-7136 or toll free at (800) 735-2989. All comments should
reference Docket Number 40379.
TRD-201202353
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 9, 2012
On May 2, 2012, Sage Telecom of Texas, LP filed an application
to amend its service provider certificate of operating authority (SPCOA)
Number 60160. Applicant seeks to reflect a change in ownership/control
wherein control of Sage Telecom of Texas, LP would be transferred
to TSC Acquisition Corp.
The Application: Application of Sage Telecom of Texas, LP for Amendment
to its Service Provider Certificate of Operating Authority, Docket
Number 40367.
Persons wishing to 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 1-888-782-8477 no later than May 25, 2012. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission
at (512) 936-7136 or toll free at 1-800-735-2989. All comments should
reference Docket Number 40367.
TRD-201202287
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 4, 2012
Notice is given to the public of the filing with the Public Utility
Commission of Texas (commission) of an application on May 3, 2012,
to waive for good cause P.U.C. Substantive Rule §25.101(b).
Docket Style and Number: Application of Southwestern Public Service
Company for a Good Cause Exception to P.U.C. Substantive Rule §25.101(b),
Docket Number 40366.
The Application: Southwestern Public Service Company (SPS) is requesting
permission from the commission to construct a 1.03 mile 230-kV transmission
line extending an existing 230-kV transmission line to the proposed
Newhart Substation in Castro County. SPS is seeking a waiver of P.U.C.
Substantive Rule §25.101(b) so it can construct the line without
amending its certificate of convenience and necessity (CCN). The project
does not qualify for an exception under P.U.C. Substantive Rule §25.101(c)(5)(A)(i),
because the line's length exceeds one mile.
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. Hearing and speech-impaired individuals with text
telephone (TTY) may contact the commission at (512) 936-7136 or use
Relay Texas (toll-free) (800) 735-2989. All comments should reference
Docket Number 40366.
TRD-201202288
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 4, 2012
Notice is given to the public of the filing with the Public Utility
Commission of Texas of an application on May 3, 2012, for an amendment
to certificated service area for a service area exception within Hemphill
County, Texas.
Docket Style and Number: Application of Southwestern Public Service
Company to Amend a Certificate of Convenience and Necessity for Electric
Service Area Exception within Hemphill County. Docket Number 40371.
The Application: Southwestern Public Service Company (SPS) filed
an application for a service area exception to allow SPS to provide
service to a specific customer located within the certificated service
area of North Plains Electric Cooperative, Inc. (NPEC). NPEC has provided
an affidavit of relinquishment for the proposed change.
Persons wishing to comment on the action sought or intervene should
contact the Public Utility Commission of Texas no later than May 29,
2012 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 at
(512) 936-7136 or use Relay Texas (toll-free) (800) 735-2989. All
comments should reference Docket Number 40371.
TRD-201202286
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 4, 2012
Notice is given to the public of the filing with the Public Utility
Commission of Texas (commission) of an application on May 4, 2012,
to amend a certificate of convenience and necessity for a proposed
transmission line in Dawson County, Texas.
Docket Style and Number: Application of Lyntegar Electric Cooperative,
Inc. to Amend a Certificate of Convenience and Necessity for the Patricia
138-kV Transmission Line within Dawson County. Docket Number 40317.
The Application: The proposed project is designated as the Patricia
138-kV Transmission Line Project. The facilities include construction
of a new 138-kV transmission line. The project will be a radial tap
from the existing Oncor Lamesa to North Andrews 138-kV transmission
line to serve a distribution substation that will provide additional
distribution capacity in the rapidly growing area near the town of
Patricia, Texas. The proposed project will be approximately 7.6 miles
in length. LEC plans to construct the line with steel or concrete
single pole tangent structures and self-supporting concrete caisson
mounted steel structures on all angle and dead-end structures. The
estimated cost of the project, including transmission facilities and
substation facilities, is $5,527,110 or $5,852,110, depending on the
route chosen.
The proposed project is presented with two alternate routes. Any
of the routes or route segments presented in the application could,
however, be approved by the commission.
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. The deadline for intervention in this proceeding
is Monday, June 18, 2012. Hearing and speech-impaired individuals
with text telephone (TTY) may contact the commission at (512) 936-7136
or use Relay Texas (toll-free) (800) 735-2989. All comments should
reference Docket Number 40317.
TRD-201202314
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 7, 2012
Notice is given to the public of the filing with the Public Utility
Commission of Texas (commission) of an application on May 2, 2012,
to amend a certificate of convenience and necessity for two generating
units at the Montana Site in El Paso, County, Texas.
Docket Style and Number: Application of El Paso Electric Company
to Amend a Certificate of Convenience and Necessity for Generating
Units Montana 1 and 2 at the Montana Site in El Paso County, Docket
Number 40301.
The Application: El Paso Electric Company (EPE) filed an application
to amend a certificate of convenience and necessity (CCN) for two
88 megawatt natural gas-fired generating units to be constructed at
an undeveloped site in El Paso County, east of the City of El Paso,
known as the Montana Power Station site. The proposed units are called
the Montana Units 1 and 2. Montana Units 1 and 2 are scheduled to
be in service for the peak seasons of 2014 and 2015, respectively,
and will serve as peaking and intermediate facilities.
The total estimated direct capital cost of the project, including
the associated transmission facilities and common costs, is $182.4
million. In addition, the estimated amount of allowance for funds
used during construction is $20.6 million.
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. The deadline for intervention in this proceeding
is June 18, 2012. Hearing and speech-impaired individuals with text
telephone (TTY) may contact the commission at (512) 936-7136 or use
Relay Texas (toll-free) (800) 735-2989. All comments should reference
Docket Number 40301.
TRD-201202289
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 4, 2012
Notice is given to the public of Central Texas Telephone Cooperative,
Inc. (Central Texas) application filed with the Public Utility Commission
of Texas (commission) on May 7, 2012, for approval of a minor rate
change pursuant to P.U.C. Substantive Rule §26.171.
Tariff Control Title and Number: Notice of Central Texas Telephone
Cooperative, Inc. for Approval of a Minor Rate Change Pursuant to
P.U.C. Substantive Rule §26.171, Tariff Control Number 40378.
The Application: Central Texas filed an application to increase
its local exchange access service line rates for certain business
and residential customers. The proposed effective date for the proposed
rate changes is June 1, 2012. The estimated annual revenue increase
recognized by the applicant is $228,854 or less than 4.74% of Central
Texas' gross annual intrastate revenues. Central Texas has 6,144 access
lines in service in the state of Texas.
If the commission receives a complaint(s) relating to this application
signed by 5% of the affected local service customers to which this
application applies by May 29, 2012, the application will be docketed.
The 5% limitation will be calculated based upon the total number of
customers of record as of the calendar month preceding the commission's
receipt of the complaint(s).
Persons wishing to comment on this application should contact the
Public Utility Commission of Texas by May 29, 2012. Requests to intervene
should be filed with the commission's Filing Clerk at P.O. Box 13326,
Austin, Texas 78711-3326, or you may call the commission at (512)
936-7120 or toll-free at 1-800-735-2989. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission
at (512) 936-7136. All correspondence should refer to Tariff Control
Number 40378.
TRD-201202336
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 9, 2012
Under the Public Utility Commission of Texas' (commission) proposed
amendments to §25.505, relating to Resource Adequacy in the Electric
Reliability Council of Texas Power Region, published in the April
27, 2012, issue of the
Texas Register
(37
TexReg 2953), comments are due June 1, 2012 and reply comments are
due June 15, 2012. The Electric Reliability Council of Texas recently
selected the Brattle Group to help identify and evaluate factors that
affect investment in new generation and suggest solutions to address
adequacy concerns. The Brattle Group's final report is due June 1,
2012. In order to allow interested persons to fully incorporate the
results of the final report in their initial comments, the commission
is extending the comment period. Initial comments are now due on June
15, 2012, and reply comments are now due June 29, 2012.
Questions concerning this notice should be referred to Diana Leese
at (512) 936-7204 or Jason Haas at (512) 936-7295. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission
at (512) 936-7136. All comments should refer to Project Number 40268.
TRD-201202330
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 8, 2012
Applications for May 2012
Pursuant to Texas Water Code §6.195, the Texas Water Development
Board provides notice of the following application:
Project ID #62516, a request from the City of Bronte, P.O. Box
370, Bronte, Texas 76933-0370, received January 18, 2012, for financial
assistance in the amount of $850,000 consisting of: (a) a loan in
the amount of $595,000; and (b) $255,000 in loan forgiveness, from
the Drinking Water State Revolving Fund to finance planning and design
cost relating to water system improvements.
TRD-201202321
Kenneth Petersen
General Counsel
Texas Water Development Board
Filed: May 8, 2012
The Texas Water Development Board proposed new 31 TAC Chapter 355,
Subchapter C in the May 4, 2012, issue of the
Texas
Register
(37 TexReg 3353).
On page 3355, in §355.91(d), the word "application" should
be "applications". The corrected text reads as follows:
"(d) The EA may request clarification from the RWPG if necessary
to evaluate the application. Incomplete applications...."
The Texas Water Development Board also proposed new 31 TAC Chapter
357 in the May 4, 2012, issue of the
Texas
Register
(37 TexReg 3358). Errors in the proposed rulemaking
notices and their corrections are outlined as follows.
Preamble:
On page 3358, first column, in the first paragraph under "BACKGROUND
AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSAL", the phrase "(2)
a requirement that the regional water plan to be consistent" should
read "(2) a requirement that the regional water plan be consistent".
On page 3359, first column, in the second paragraph under the heading
"Subchapter B. Guidance Principles and Notice Requirements", the phrase
"specified action" in the next to the last sentence should be amended
to read "specified actions".
On page 3359, first column, in the last sentence of the third paragraph
under the heading "Subchapter B. Guidance Principles and Notice Requirements",
the phrase "this section are the same as" should be corrected to read
"this section are not necessarily the same as". The last sentence
should read:
"Finally, the requirements of this section are not necessarily
the same as the Open Meetings Act because the Legislature prescribed
the public notice requirements in Texas Water Code §16.053(h)(8)
and (9) specifically for the regional water planning process."
On page 3360, in the last line of the first column, the phrase
"calculated planning safety factors" should be "calculating planning
safety factors".
On page 3361, in the second column, second paragraph from the bottom,
the phrase "proposed subsections (c) and (d)" should be followed by
a comma.
Rules:
On page 3365, §357.11(g), the phrase "and or" should read
"and". The corrected text reads as follows:
"(g) Each RWPG, at its discretion, may at any time add additional
voting and non-voting representatives...."
On page 3365, §357.11(h), a comma should follow the word "discretion".
The corrected text reads as follows:
"(h) Each RWPG, at its discretion, may remove...."
On page 3365, §357.11(i), the phrase "and or" should be "and"
in the two instances in which it appears in this subsection. The corrected
text reads as follows:
"(i) RWPGs may enter into formal and informal agreements to coordinate,
avoid conflicts, and share information...."
On page 3365, §357.12(a), the wording "Prior to the preparation
of the TWPs. In accordance with" should read as follows:
"(a) Prior to the preparation for the RWPs, in accordance with...."
On page 3365, §357.12(a)(4), the phrase "or political subdivisions"
should be deleted. The corrected text reads as follows:
"(4) designate a political subdivision as a representative of the
RWPG eligible to apply for financial assistance...."
On page 3366, §357.12(c)(2), the phrase "adopt previous RWP
and state water" should be "adopt previous RWP or state water". The
corrected text reads as follows:
"(2) where appropriate, adopt previous RWP or state water plan
information, updated as necessary, as the RWP; and"
On page 3366, §357.21(b)(5)(A), replace "and or" with "or".
The corrected text reads as follows:
"(A) On the website of the host political subdivision or on the
Board website if requested by the RWPG; and"
On page 3366, §357.21(c)(1), replace "and or" with "and".
The corrected text reads as follows:
"(1) These notice requirements apply to the following RWPG actions:
population projection and water demand projection revision requests...."
On page 3366, §357.21(c)(4)(B), replace "or" with "of". The
corrected text reads as follows:
"(B) any person or entity who has requested notice of RWPG activities
either in writing or email, as requested by the person or entity;"
On page 3367, §357.21(c)(5)(A), replace "and or" with "or".
The corrected text reads as follows:
"(A) On the website of the host political subdivision or on the
Board website if requested by the RWPG; and"
On page 3367, §357.21(d)(7)(A), replace "and or" with "or".
The corrected text reads as follows:
"(A) On the website of the host political subdivision or on the
Board website if requested by the RWPG;"
On page 3367, §357.21(d)(8)(C)(ii), replace "and/or" with
"and". The corrected text reads as follows:
"(ii) Comments associated with a preplanning meeting, scope of
work development, and an application for funding to the Board must
be considered prior to taking RWPG action."
On page 3368, §357.31(a), replace "and or" with "or" in both
instances in which it appears in this subsection. The corrected text
reads as follows:
"(a) RWPs shall present projected population and water demands
by WUG as defined in §357.10 of this title (relating to Definitions
and Acronyms). If a WUG lies in one or more counties or RWPA or river
basins, data shall be reported for each river basin, RWPA, and county
split."
On page 3369, §357.31(e)(2), replace "and or" with "or" in
each instance in which it appears in this subparagraph. The corrected
text reads as follows:
"(2) RWPGs may request revisions of Board adopted population or
water demand projections if the request demonstrates that population
or water demand projections no longer represents a reasonable estimate
of anticipated conditions based on changed conditions or new information...."
On page 3369, §357.33(e), replace "and or" with "or". The
corrected text reads as follows:
"(e) RWPGs shall perform a secondary water needs analysis for all
WUGs and WWPs for which conservation water management strategies or
direct reuse water management strategies...."
On page 3370, §357.34(d)(3)(B), delete the phrase "from environmental
information". The corrected text reads as follows:
"(B) Environmental factors including effects on environmental water
needs, wildlife habitat, cultural resources, and effect of upstream
development on bays, estuaries, and arms of the Gulf of Mexico. Evaluations
will be in accordance with the Commission's adopted environmental
flow standards under 30 TAC Chapter 298 (relating to Environmental
Flow Standards for Surface Water) or, if unavailable, information
from existing site-specific studies...."
On page 3371, §357.35(g)(1), replace "and or" with "or" in
two instances. The corrected text reads as follows:
"(1) Recommended water management strategies and the associated
results of all the potentially feasible water management strategy
evaluations by WUG and WWP. If a WUG or WWP lies in one or more counties
or RWPAs or river basins, data will be reported for each river basin,
RWPA, and county."
On page 3372, §357.40(b)(3), replace "and or" with "and".
The corrected text reads as follows:
"(3) Threats to agricultural and natural resources identified pursuant
to §357.34(d)(5) of this title;"
On page 3372, §357.42(e), replace "and or" with "or". The
corrected text reads as follows:
"(e) RWPGs will provide general descriptions of local drought contingency
plans that involve making emergency connections between water systems
or WWP systems that...."
On page 3372, §357.42(f)(3), replace "and or" with "or". The
corrected text reads as follows:
"(3) List of all potentially feasible drought management water
management strategies that were considered or evaluated by the RWPG
but not recommended; and"
On page 3375, §357.51(c)(4), add "responses" to the end of
the paragraph. The corrected text reads as follows:
"(4) RWPG Public Meeting. After receipt...with existing statutes
and rules related to regional water planning responses."
TRD-201202357
Texas Water Code and Texas Health and Safety Code Settlement Notice
Texas Water Code Settlement Notice
Comptroller of Public Accounts
Office of Consumer Credit Commissioner
Texas Education Agency
Employees Retirement System of Texas
Texas Commission on Environmental Quality
Correction of Error
Notice of Receipt of Application and Intent to Obtain a Municipal Solid Waste Permit Amendment
Notice of Water Quality Applications
General Land Office
Department of State Health Services
Texas Department of Housing and Community Affairs
Texas Department of Insurance
Correction of Error
Public Utility Commission of Texas
Notice of Application for a Service Provider Certificate of Operating Authority
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Good Cause Exception to P.U.C. Substantive Rule §25.101(b) for a Proposed Transmission Line
Notice of Application for Service Area Exception
Notice of Application to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line
Notice of Application to Amend a Certificate of Convenience and Necessity for Two Proposed Generating Units
Notice of Intent to Implement a Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171
Public Notice of Change in Comment Deadlines
Texas Water Development Board
Correction of Error