IN ADDITION

Office of the Attorney General

Notice of Settlement of a Texas Water Code and Texas Health and Safety Code Enforcement Action

The State of Texas gives notice of the following proposed resolution of an environmental enforcement action under the Texas Water Code and the Texas Health and Safety Code. Before the State may enter into a voluntary settlement agreement, pursuant to section 7.110 of the Texas Water Code the State shall permit the public to comment in writing. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreement if the comments disclose facts or considerations indicating that consent is inappropriate, improper, inadequate or inconsistent with the requirements of the law.

Case Title: State of Texas v. United States of America; Case No. 6:20-cv-00037-H, in the U.S. District Court for the Northern District of Texas.

Background: This suit seeks to recover from federal agencies a portion of the cleanup costs incurred by the Texas Commission on Environmental Quality ("TCEQ") at the San Angelo Electric Service Company ("SESCO") State Superfund Site in San Angelo, Tom Green County, Texas (the "Site"). During SESCO's evolution from an electric engine repair shop to a facility that built, repaired and serviced electrical transformers, contaminants were spilled onto the soil and groundwater on and adjacent to the Site. The responsible parties, including several federal agencies and departments, allegedly arranged for disposal of waste at the Site.

Proposed Settlement: The lawsuit is to be settled by a Consent Decree in the U.S. District Court providing for the payment of $60,000 in Superfund response costs to the TCEQ.

For a complete description of the settlement, the proposed Consent Decree should be reviewed in its entirety. Requests for copies of the proposed judgment and settlement, and written comments on the same, should be directed to Thomas Edwards, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, MC 066, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Email: Thomas.Edwards@oag.texas.gov. Written comments must be received within 30 days of publication of this notice to be considered.

TRD-202001784

Lesley French

General Counsel

Office of the Attorney General

Filed: May 5, 2020


Texas Health and Safety Code and Texas Water Code Settlement Notice

The State of Texas gives notice of the following proposed resolution of an environmental enforcement action under the Texas Water Code and the Texas Health and Safety Code. Before the State may enter into a voluntary settlement agreement, pursuant to section 7.110 of the Texas Water Code, the State shall permit the public to comment in writing. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreement if the comments disclose facts or considerations indicating that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the law.

Case Title and Court: State of Texas v. Bob King's Truck Beds, LLC; Cause No. D-1-GN-16-005455; in the 345th Judicial District Court of Travis County, Texas.

Background: Defendant Bob King's Truck Beds owns and operates a fabricated metal products plant located at 1667 East Highway 114 in Boyd, Wise County, Texas. Operations at the facility include dry abrasive cleaning and surface coating operations for the manufacturing of custom truck beds. The State initiated this environmental enforcement suit on behalf of the Texas Commission on Environmental Quality ("TCEQ"), alleging that Defendant was conducting dry abrasive cleaning and surface coating operations at the facility without a permit or other authorization from the TCEQ. The State alleged that Defendant was conducting these operations in violation of the Texas Clean Air Act and TCEQ rules promulgated thereunder, as well as two TCEQ administrative orders requiring Defendant to obtain authorization to operate under the dry abrasive cleaning and surface coating permits by rule or cease operations at the plant. After the State filed suit, Defendant obtained authorization from the TCEQ to operate under the applicable permits by rule for dry abrasive cleaning and surface coating.

Proposed Settlement: The proposed Agreed Final Judgment awards the State civil penalties in the amount of $30,000, unpaid administrative penalties in the amount of $28,730, and attorney's fees and costs in the amount of $3,010.

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

TRD-202001788

Lesley French

General Counsel

Office of the Attorney General

Filed: May 5, 2020


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 05/11/20 - 05/17/20 is 18% for Consumer1/Agricultural/Commercial2 credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 05/11/20 - 05/17/20 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.005 and 303.0093 for the period of 05/01/20 - 05/31/20 is 18% or Consumer/Agricultural/Commercial credit through $250,000.

The monthly ceiling as prescribed by §303.005 and 303.009 for the period of 05/01/20 - 05/31/20 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

3 For variable rate commercial transactions only.

TRD-202001785

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: May 5, 2020


Deep East Texas Council of Governments

Request for Proposals Broadband Network Design Services

Deep East Texas Council of Governments (DETCOG) is seeking a qualified and experienced engineering firm to provide Network Design services for a Regional Rural Broadband Network. RFP No. 2020-02 has been issued for Network Design in seven counties included in the Hurricane Harvey Disaster Declaration (Jasper, Newton, Polk, Sabine, San Augustine, San Jacinto, and Tyler). DETCOG intends to negotiate with the successful respondent to RFP No. 2020-02 to provide Network Design for five additional counties (Angelina, Houston, Nacogdoches, Shelby, and Trinity) under a separate contract. Mandatory Pre-Closing Conference May 12, 2020. Closing date June 3, 2020. Complete details of this RFP and Conditions for Submittal can be found online at https://www.detcog.gov/rfps-rfqs.

TRD-202001759

Lonnie Hunt

Executive Director

Deep East Texas Council of Governments

Filed: May 1, 2020


Texas Education Agency

Request for Applications Concerning the 2020-2021 School Action Fund - Implementation Grant Program

Filing Authority. The availability of grant funds under Request for Applications (RFA) #701-20-121 is authorized by P.L. 114-95, Elementary and Secondary Education Act (ESEA) of 1965, as amended by the No Child Left Behind Act of 2001, Section 1003-School Improvement, and will be contingent on federal appropriations.

Eligible Applicants. Texas Education Agency (TEA) is requesting applications under RFA #701-20-121 from local educational agencies (LEAs) with schools designated by TEA as 2019-2020 Comprehensive Schools and D- and F-rated 2019-2020 Targeted Schools. A campus may not receive funding concurrently from Texas Title I Priority School (TTIPS) Cycle 4 or 5 grant funds, a School Redesign grant, a School Transformation Fund grant, or a School Action Fund grant.

Description. The purpose of this grant program is to increase the number of students in great schools by providing customized implementation support to LEAs committed to bold and aggressive action to transform low-performing schools and create better options for students. Applicants choose to implement a school action model that might include the follow action models: create a new school and restart a struggling school. The grant includes support for LEAs to design schools, school models with greater autonomy and accountability, and matched technical assistance support from TEA.

Dates of Project. The 2020-2021 School Action Fund - Implementation grant program will be implemented primarily during the 2020-2021 and 2021-2022 school years. Applicants should plan for a starting date of no earlier than September 9, 2020, and an ending date of no later than July 31, 2022, contingent on the continued availability of federal funding.

Project Amount. Approximately $5 million is available for funding the 2020-2021 School Action Fund - Implementation grant program. The TEA anticipates awarding up to five grants. The maximum award amounts will be up to $1 million. Please see the Program Guidelines for additional information. This project is funded 100 percent with federal funds and is contingent on federal appropriations.

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

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

Applicants' Conference. A webinar will be held on June 11, 2020. Applicants' conference/webinar details and a registration link are included in the Program Guidelines. Questions relevant to the RFA may be emailed to DSSI@tea.texas.gov on or before June 4, 2020. These questions, along with other information, will be addressed during the webinar. The applicants' conference webinar will be open to all potential applicants and will provide general and clarifying information about the grant program and RFA.

Requesting the Application. The complete RFA will be posted on the TEA Grant Opportunities web page at http://tea4avoswald.tea.state.tx.us/GrantOpportunities/forms/GrantProgramSearch.aspx for viewing and downloading. In the "Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view and download all documents that pertain to this RFA.

Further Information. In order to make sure that no prospective applicant obtains a competitive advantage because of acquisition of information unknown to other prospective applicants, any and all questions must be submitted in writing to the TEA contact persons identified in the program guidelines of the RFA at DSSI@tea.texas.gov no later than June 4, 2020. All questions and the written answers thereto will be posted on the TEA Grant Opportunities web page in the format of Frequently Asked Questions (FAQs) by June 16, 2020. In the "Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.

Deadline for Receipt of Applications. Applications must be received in the TEA Document Control Center by 11:59 p.m. (Central Time), July 14, 2020, to be eligible to be considered for funding. TEA will only accept applications by email.

TRD-202001800

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: May 6, 2020


Request for Applications Concerning the 2020-2021 School Action Fund - Planning Grant Program

Filing Authority. The availability of grant funds under Request for Applications (RFA) #701-20-120 is authorized by P.L. 107-110, Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, Section 1003(g), and the Coronavirus Aid, Relief, and Economic Security (CARES) Act, and will be contingent on federal appropriations and approval of the Texas Education Agency's (TEA's) application for CARES Act funding.

Eligible Applicants. TEA is requesting applications under RFA #701-20-120 from local educational agencies (LEAs) with schools designated by TEA as 2019-2020 Comprehensive Schools and D- and F-rated 2019-2020 Targeted Schools for new schools, restarts, and reassigns and schools designated by TEA as non-Comprehensive and non-Targeted C- and D-rated campuses for redesigns. A campus may not receive funding concurrently from Texas Title I Priority School (TTIPS) Cycle 4 or 5 grant funds, a School Redesign grant, a School Transformation Fund grant, or a School Action Fund grant.

Description. The purpose of this grant program is to increase the number of students in great schools by providing customized planning support to LEAs committed to bold and aggressive action to transform low-performing schools and create better options for students. Applicants choose to implement a school action model that might include the follow action models: create a new school; restart a struggling school; redesign an existing school; and reassign students from a struggling school. The grant includes support for LEAs to design schools, school models with greater autonomy and accountability, and matched technical assistance support from TEA.

Dates of Project. The 2020-2021 School Action Fund - Planning grant program will be implemented primarily during the 2020-2021 school year. Applicants should plan for a starting date of no earlier than September 9, 2020, and an ending date of no later than July 31, 2021, contingent on the continued availability of federal funding.

Project Amount. Approximately $16 million is available for funding the 2020-2021 School Action Fund - Planning grant program. The TEA anticipates awarding up to 50 grants. The maximum award amounts will range from approximately up to $300,000 to $315,000 and are dependent on action type. Please see the Program Guidelines for additional information. This project is funded 100 percent with federal funds and is contingent on federal appropriations.

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

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

Applicants' Conference. A webinar will be held on June 11, 2020. Applicants' conference/webinar details and a registration link are included in the Program Guidelines. Questions relevant to the RFA may be emailed to DSSI@tea.texas.gov on or before June 4, 2020. These questions, along with other information, will be addressed during the webinar. The applicants' conference webinar will be open to all potential applicants and will provide general and clarifying information about the grant program and RFA.

Requesting the Application. The complete RFA will be posted on the TEA Grant Opportunities web page at http://tea4avoswald.tea.state.tx.us/GrantOpportunities/forms/GrantProgramSearch.aspx for viewing and downloading. In the "Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view and download all documents that pertain to this RFA.

Further Information. In order to make sure that no prospective applicant obtains a competitive advantage because of acquisition of information unknown to other prospective applicants, any and all questions must be submitted in writing to the TEA contact persons identified in the program guidelines of the RFA at DSSI@tea.texas.gov no later than June 4, 2020. All questions and the written answers thereto will be posted on the TEA Grant Opportunities web page in the format of Frequently Asked Questions (FAQs) by June 16, 2020. In the "Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.

Deadline for Receipt of Applications. Applications must be received in the TEA Document Control Center by 11:59 p.m. (Central Time), July 14, 2020, to be eligible to be considered for funding. TEA will only accept applications by email.

TRD-202001799

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: May 6, 2020


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 16, 2020. 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 16, 2020. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission's enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on the AOs shall be submitted to the commission in writing.

(1) COMPANY: Blue Origin Texas, LLC; DOCKET NUMBER: 2019-1752-PWS-E; IDENTIFIER: RN104961164; LOCATION: Van Horn, Culberson County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.39(e)(1) and (h)(1) and Texas Health and Safety Code (THSC), §341.035(a), by failing to submit plans and specifications to the executive director (ED) for review and approval prior to the construction of a new public water supply; 30 TAC §290.42(b)(1) and (e)(3), by failing to provide continuous and effective disinfection that can be secured under all conditions; 30 TAC §290.43(c)(1), by failing to provide the southern 0.01-million gallon (MG) ground storage tank (GST) at Home Base and the 0.002-MG GST at XEEX with a gooseneck roof vent or a roof ventilator designed by an engineer, and installed in strict accordance with American Water Works Association (AWWA) standards and equipped with a corrosion-resistant 16-mesh or finer screen; 30 TAC §290.43(c)(2), by failing to ensure that the hatches at the southern 0.01-MG GST at Home Base and the 0.002-MG GST at XEEX remain locked except during inspections and maintenance; 30 TAC §290.43(c), by failing to ensure that all potable water storage facilities are covered and designed, fabricated, erected, tested, and disinfected in strict accordance with current AWWA standards; 30 TAC §290.43(c)(4), by failing to provide the two 0.01-MG GSTs at Home Base and the 0.002-MG GST at XEEX with liquid level indicators; 30 TAC §290.43(d)(2), by failing to provide the pressure tanks at the Penn Well and XEEX with a pressure release device and an easily readable pressure gauge at XEEX; 30 TAC §290.44(h)(4), by failing to have all backflow prevention assemblies tested upon installation and on an annual basis by a recognized backflow assembly tester and certified that they are operating within specifications; 30 TAC §290.45(d)(2)(B)(v) and THSC, §341.0315(c), by failing to provide a pressure tank capacity of 220 gallons at the XEEX pressure plane; 30 TAC §290.46(d)(2)(A) and §290.110(b)(4) and THSC, §341.0315(c), by failing to maintain a disinfectant residual of at least 0.2 milligrams per liter of free chlorine throughout the distribution system at all times; 30 TAC §290.46(f)(2) and (3)(A)(i)(III), by failing to maintain water works operation and maintenance records and make them readily available for review by the ED upon request; 30 TAC §290.46(l), by failing to flush all dead-end mains at monthly intervals; and 30 TAC §290.121(a) and (b), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the facility will use to comply with the monitoring requirements; PENALTY: $8,823; ENFORCEMENT COORDINATOR: Marla Waters, (512) 239-4712; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(2) COMPANY: Cagle Fishing & Rental Tools, Incorporated; DOCKET NUMBER: 2019-1776-MSW-E; IDENTIFIER: RN110736014; LOCATION: Big Lake, Reagan County; TYPE OF FACILITY: oilfield tool rental company; RULE VIOLATED: 30 TAC §330.15(a) and (c), by failing to not cause, suffer, allow, or permit the unauthorized disposal of municipal solid waste; PENALTY: $1,312; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(3) COMPANY: City of Tahoka; DOCKET NUMBER: 2019-1740-PWS-E; IDENTIFIER: RN101234847; LOCATION: Tahoka, Lynn County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(d)(2)(B) and §290.110(b)(4) and Texas Health and Safety Code, §341.0315(c), by failing to maintain a disinfectant residual of at least 0.5 milligram per liter of chloramine (measure as total chlorine) throughout the distribution system at all times; 30 TAC §290.46(f)(2) and (3)(A)(iii), by failing to maintain water works operation and maintenance records and make them readily available for review by the executive director upon request; and 30 TAC §290.46(l), by failing to flush all dead-end mains at monthly intervals; PENALTY: $609; ENFORCEMENT COORDINATOR: Ronica Rodriguez, (361) 825-3425; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(4) COMPANY: Cody Lewis dba Deer Springs Water; DOCKET NUMBER: 2019-1768-PWS-E; IDENTIFIER: RN100824937; LOCATION: Burnet, Burnet County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(d)(2)(A) and §290.110(b)(4) and Texas Health and Safety Code, §341.0315(c), by failing to maintain a disinfectant residual of at least 0.2 milligram per liter of free chlorine throughout the distribution system at all times; PENALTY: $305; ENFORCEMENT COORDINATOR: Miles Wehner, (512) 239-2813; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.

(5) COMPANY: DEANVILLE WATER SUPPLY CORPORATION; DOCKET NUMBER: 2019-1789-PWS-E; IDENTIFIER: RN101442085; LOCATION: Deanville, Burleson County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.43(c)(4), by failing to provide ground storage tanks with a liquid level indicator; 30 TAC §290.45(b)(1)(D)(iii), Texas Health and Safety Code, §341.0315(c), and TCEQ Agreed Order Docket Number 2018-0200-PWS-E, Ordering Provision Number 2.e, by failing to provide two or more pumps that have a total capacity of 2.0 gallons per minute (gpm) per connection or that have a total capacity of at least 1,000 gpm and the ability to meet peak hourly demands with the largest pump out of service, whichever is less, at each pump station or pressure plane; 30 TAC §290.46(l), by failing to flush all the dead-end mains at monthly intervals; 30 TAC §290.46(m) and TCEQ Agreed Order Docket Number 2018-0200-PWS-E, Ordering Provision Number 2.a.iii, by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the systems facilities and equipment; 30 TAC §290.46(s)(1) and TCEQ Agreed Order Docket Number 2018-0200-PWS-E, Ordering Provision Number 2.a.i, by failing to calibrate the facility's well meters for Well Numbers 1, 3, and 4 at least once every three years; and 30 TAC §290.121(a) and (b) and TCEQ Agreed Order Docket Number 2018-0200-PWS-E, Ordering Provision Number 2.a.iv, by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the public water system will use to comply with the monitoring requirements; PENALTY: $1,524; ENFORCEMENT COORDINATOR: Aaron Vincent, (512) 239-0855; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(6) COMPANY: Diamond Shamrock Refining Company, L.P.; DOCKET NUMBER: 2019-1765-AIR-E; IDENTIFIER: RN100210517; LOCATION: Sunray, Moore County; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §§101.20(3), 111.111(a)(1)(B), 116.115(c), and 122.143(4), New Source Review Permit Numbers 9708 and PSDTX861M3, Special Conditions Number 1, Federal Operating Permit Number O1555, General Terms and Conditions and Special Terms and Conditions Number 16, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $4,950; ENFORCEMENT COORDINATOR: Richard Garza, (512) 239-2697; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(7) COMPANY: Gallier Enterprises, Incorporated and United States Border Patrol; DOCKET NUMBER: 2019-1412-PST-E; IDENTIFIER: RN102260270; LOCATION: Laredo, Webb County; TYPE OF FACILITY: fleet refueling facility; RULES VIOLATED: 30 TAC §334.8(c)(5)(A)(iii), by failing to have a valid, current TCEQ delivery certificate posted at the facility in a location where the document is clearly visible at all times; 30 TAC §334.10(b)(2), by failing to assure that all underground storage tanks (UST) recordkeeping requirements are met; and 30 TAC §334.50(b)(1) and (2)(A), and (d)(B)(ii) and TWC §26.3475(a) and (c)(1), by failing to monitor the USTs in a manner which will detect a release at a frequency of at least once every 30 days, and failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $5,988; ENFORCEMENT COORDINATOR: Berenice Munoz, (915) 834-4976; REGIONAL OFFICE: 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(8) COMPANY: Juan J. Quiroz, Jr.; DOCKET NUMBER: 2019-1775-WOC-E; IDENTIFIER: RN106135676; LOCATION: Robstown, Nueces County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §30.5(a) and §30.331(b) and TWC, §26.0301(c) and §37.003, by failing to have a valid and current wastewater operator license prior to performing process control activities at a wastewater treatment facility; PENALTY: $424; ENFORCEMENT COORDINATOR: Caleb Olson, (817) 588-5856; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(9) COMPANY: Kenneth Patrick Whittlesey; DOCKET NUMBER: 2019-1036-MLM-E; IDENTIFIER: RN109240887 and RN110883089; LOCATION: Georgetown, Williamson County; TYPE OF FACILITY: landscape supply business; RULES VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an Edwards Aquifer Protection Plan prior to commencing a regulated activity over the Edwards Aquifer Recharge Zone; 30 TAC §213.4(g) and (k) and Water Pollution Abatement Plan (WPAP) Number 11001173, Standard Condition Number 4, by failing to submit proof of recordation of notice in the county deed records to the Austin Regional Office within 60 days of receiving written approval of a WPAP modification; 30 TAC §213.4(k) and WPAP Number 11001173, Special Condition II, by failing to dewater the temporary sediment basin via irrigation within 72 hours of a rain event; 30 TAC §213.4(k), TWC, §26.121(a)(1), WPAP Number 11001173, Standard Condition Number 15, and Texas Pollutant Discharge Elimination System General Permit Number TXR05EH98, Part II, Section B Number 8, by failing to prevent a discharge of stormwater associated with industrial activities to any water in the state; and 30 TAC §213.4(k) and §213.5(f)(1) and WPAP Number 11001173, Standard Condition Number 7, by failing to provide written notification of intent to commence construction no later than 48 hours prior to commencement of the regulated activity; PENALTY: $26,657; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-1337; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.

(10) COMPANY: Lion Elastomers LLC; DOCKET NUMBER: 2019-1771-AIR-E; IDENTIFIER: RN100224799; LOCATION: Port Neches, Jefferson County; TYPE OF FACILITY: rubber manufacturing facility; RULES VIOLATED: 30 TAC §116.115(c) and §122.143(4), New Source Review Permit Number 9908, Special Conditions Number 1, Federal Operating Permit Number O1224, General Terms and Conditions and Special Terms and Conditions Number 13, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Amanda Diaz, (512) 239-2601; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(11) COMPANY: RGI MATERIALS, INCORPORATED; DOCKET NUMBER: 2019-1585-WQ-E; IDENTIFIER: RN105195127; LOCATION: Porter, Montgomery County; TYPE OF FACILITY: sand and gravel operation; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System General Permit Number TXR05U571, Section J, Number 5(b), by failing to prevent the unauthorized discharge of process water into or adjacent to any water in the state; PENALTY: $23,813; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $11,906; ENFORCEMENT COORDINATOR: Abigail Lindsey, (512) 239-2576; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(12) COMPANY: Richmond Signature Homes, LLC.; DOCKET NUMBER: 2019-1774-WQ-E; IDENTIFIER: RN110898186; LOCATION: Mansfield, Johnson County; TYPE OF FACILITY: residential construction site; RULES VIOLATED: 30 TAC §281.25(a)(4), TWC, §26.121, and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge stormwater associated with construction activities; PENALTY: $7,826; ENFORCEMENT COORDINATOR: Caleb Olson, (817) 588-5856; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: RMR Retail, Incorporated dba Fuel Depot 30; DOCKET NUMBER: 2019-1748-PST-E; IDENTIFIER: RN102852548; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks (USTs); 30 TAC §334.7(d)(1)(B) and (3), by failing to provide written notice to the agency of any changes in the operational status of the UST system within 30 days from the date of the occurrence of the change or addition; and 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; PENALTY: $12,248; ENFORCEMENT COORDINATOR: Karolyn Kent, (512) 239-2536; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(14) COMPANY: SAM RAYBURN WATER, INCORPORATED; DOCKET NUMBER: 2019-1731-PWS-E; IDENTIFIER: RN101189736; LOCATION: Pineland, San Augustine County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1), Texas Health and Safety Code (THSC), §341.0315(c), and TCEQ Agreed Order Docket Number 2016-0087-PWS-E, Ordering Provision Number 2.c.i, by failing to comply with the maximum contaminant level (MCL) of 0.060 milligram per liter (mg/L) for haloacetic acids based on the locational running annual average; 30 TAC §290.115(f)(1), THSC, §341.0315(c), and TCEQ Agreed Order Docket Number 2016-0087-PWS-E, Ordering Provision Number 2.c.ii, by failing to comply with the MCL of 0.080 mg/L for total trihalomethanes based on the locational running annual average; and 30 TAC §290.117(c)(2)(A), (h), and (i)(1), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the executive director for the January 1, 2019 - June 30, 2019, monitoring period; PENALTY: $1,885; ENFORCEMENT COORDINATOR: Julianne Dewar, (817) 588-5861; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(15) COMPANY: SAM RAYBURN WATER, INCORPORATED; DOCKET NUMBER: 2019-1730-PWS-E; IDENTIFIER: RN101274165; LOCATION: Pineland, San Augustine County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1), Texas Health and Safety Code, §341.0315(c), and TCEQ Agreed Order Docket Number 2016-0007-PWS-E, Ordering Provision Number 2.c.i, by failing to comply with the maximum contaminant level of 0.080 milligram per liter for total trihalomethanes based on the locational running annual average; PENALTY: $250; ENFORCEMENT COORDINATOR: Julianne Dewar, (817) 588-5861; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(16) COMPANY: Silvia M. Orozco; DOCKET NUMBER: 2019-0366-OSS-E; IDENTIFIER: RN110456084; LOCATION: Muleshoe, Bailey County; TYPE OF FACILITY: on-site sewage facility; RULES VIOLATED: 30 TAC §285.3(i) and §285.36, by failing to properly abandon an unauthorized cesspool; and Texas Health and Safety Code, §366.004 and §366.051(a) and TWC, §26.121(a)(1), by failing to dispose of sewage into an authorized system resulting in an unauthorized discharge; PENALTY: $500; ENFORCEMENT COORDINATOR: Christopher Moreno, (254) 761-3038; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(17) COMPANY: Southwestern Bell Telephone Company; DOCKET NUMBER: 2019-1744-PST-E; IDENTIFIER: RN102386299; LOCATION: Austin, Travis County; TYPE OF FACILITY: underground storage tank (UST) system that supports an emergency generator; RULES VIOLATED: 30 TAC §334.50(b)(2)(B) and TWC, §26.3475(b), by failing to perform release detection for the suction piping associated with the UST system; PENALTY: $2,955; ENFORCEMENT COORDINATOR: Tyler Smith, (512) 239-3421; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.

(18) COMPANY: TXBR Ramblewood MHP, LLC; DOCKET NUMBER: 2019-1759-PWS-E; IDENTIFIER: RN101275378; LOCATION: Bryan, Brazos County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.39(j), Texas Health and Safety Code (THSC), §341.0351, and TCEQ Agreed Order Docket Number 2017-0367-PWS-E, Ordering Provision Number 2.c, by failing to notify the executive director and receive an approval prior to making any significant change or addition to the systems production, treatment, storage, pressure maintenance, or distribution facilities; and 30 TAC §290.45(f)(1), (4), and (5), THSC, §341.0315(c), and TCEQ Agreed Order Docket Number 2017-0367-PWS-E, Ordering Provision Number 2.a, by failing to provide a water purchase contract that authorizes a maximum daily purchase rate or uniform purchase rate to meet a minimum production capacity of 0.6 gallons per minute (gpm) per connection, and that authorizes a maximum hourly purchase rate plus the actual service pump capacity of at least 2.0 gpm per connection, or at least 1,000 gpm and able to meet peak hourly demands, whichever is less for systems which purchase water under direct pressure; PENALTY: $5,368; ENFORCEMENT COORDINATOR: Steven Hall, (512) 239-2569; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(19) COMPANY: UNIVERSAL FOREST PRODUCTS TEXAS LLC; DOCKET NUMBER: 2019-1783-MWD-E; IDENTIFIER: RN100214493; LOCATION: Huntsville, Walker County; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0014996001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $5,250; ENFORCEMENT COORDINATOR: Katelyn Tubbs, (512) 239-2512; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(20) COMPANY: Wastewater Residuals Management, LLC; DOCKET NUMBER: 2019-1770-IWD-E; IDENTIFIER: RN102329240; LOCATION: Houston, Harris County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0003987000, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $4,312; ENFORCEMENT COORDINATOR: Stephanie Frederick, (512) 239-1001; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-202001782

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 5, 2020


Amended Notice of Application and Public Hearing for an Air Quality Standard Permit for a Concrete Batch Plant With Enhanced Controls: Proposed Air Quality Registration Number 159749

APPLICATION. Cactus Readymix, LLC, P.O. Box 271, Sinton, Texas 78387-0271 has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit for a Concrete Batch Plant with Enhanced Controls Registration Number 159749 to authorize the operation of a concrete batch plant. The facility is proposed to be located at 3465 County Road 75, Robstown, Nueces County, Texas 78380. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=27.743449&lng=-97.699666&zoom=13&type=r. This application was submitted to the TCEQ on January 15, 2020. The primary function of this plant is to manufacture concrete by mixing materials including (but not limited to) sand, aggregate, cement and water. The executive director has determined the application was technically complete on February 4, 2020.

PUBLIC COMMENT / PUBLIC HEARING. Public written comments about this application may be submitted at any time during the public comment period. The public comment period begins on the first date notice is published and extends to the close of the public hearing. Public comments may be submitted either in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087, or electronically at www14.tceq.texas.gov/epic/eComment/. Please be aware that any contact information you provide, including your name, phone number, email address and physical address will become part of the agency's public record.

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

The Public Hearing is to be held:

Thursday, June 11, 2020, at 6:00 p.m.

Members of the public may listen to the hearing by calling, toll free, (415) 655-0052 and entering access code 517-964-609. Members of the public who would like to ask questions or provide comments during the hearing may access the hearing via webcast by following this link: https://www.gotomeeting.com/webinar/join-webinar and entering Webinar ID 827-867-243. Those without internet access may call (512) 239-1201 before the hearing begins for assistance in accessing the hearing and participating telephonically.

Additional information will be available on the agency calendar of events at the following link: https://www.tceq.texas.gov/agency/decisions/hearings/calendar.html.

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

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

CENTRAL/REGIONAL OFFICE. The application will be available for viewing and copying at the TCEQ Central Office and the TCEQ Corpus Christi Regional Office, located at NRC Bldg Ste 1200, 6300 Ocean Drive, Unit 5839, Corpus Christi, Texas 78412-5839, during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, beginning the first day of publication of this notice.

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

Further information may also be obtained from Cactus Readymix, LLC, P.O. Box 271, Sinton, Texas 78387-0271, or by calling Mr. Daniel Eberhard, Environmental Coordinator, Bradley Concrete & Equipment Services at (409) 289-1466.

Amended Notice Issuance Date: April 30, 2020

TRD-202001789

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 5, 2020


Enforcement Orders

An agreed order was adopted regarding TEX-SAN SITE SERVICES, LLC, Docket No. 2018‑1425‑MLM‑E on May 5, 2020, assessing $2,625 in administrative penalties with $525 deferred. Information concerning any aspect of this order may be obtained by contacting Berenice Munoz, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Icon Builders, L.L.C., Docket No. 2019‑0482‑WQ‑E on May 5, 2020, assessing $4,313 in administrative penalties with $862 deferred. Information concerning any aspect of this order may be obtained by contacting Harley Hobson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding City of Georgetown, Docket No. 2019‑0501‑MWD‑E on May 5, 2020, assessing $4,762 in administrative penalties with $952 deferred. Information concerning any aspect of this order may be obtained by contacting Katelyn Tubbs, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Surjit Singh dba Express Food Mart, Docket No. 2019‑0628‑PST‑E on May 5, 2020, assessing $4,875 in administrative penalties with $975 deferred. Information concerning any aspect of this order may be obtained by contacting Berenice Munoz, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding RFP Maintenance, Inc., Docket No. 2019‑0726‑PWS‑E on May 5, 2020, assessing $163 in administrative penalties with $32 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding John D. Hall, Docket No. 2019‑0781‑WQ‑E on May 5, 2020, assessing $5,000 in administrative penalties with $1,000 deferred. Information concerning any aspect of this order may be obtained by contacting Abigail Lindsey, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Oldcastle Infrastructure, Inc., Docket No. 2019‑0808‑AIR‑E on May 5, 2020, assessing $4,375 in administrative penalties with $875 deferred. Information concerning any aspect of this order may be obtained by contacting Amanda Diaz, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding S & R BUSINESS, INC. dba Angels Grocery, Docket No. 2019‑0854‑PST‑E on May 5, 2020, assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting Tyler Smith, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding City of Ferris, Docket No. 2019‑0865‑PWS‑E on May 5, 2020, assessing $476 in administrative penalties with $95 deferred. Information concerning any aspect of this order may be obtained by contacting Samantha Duncan, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding UNITED PARCEL SERVICE, INC., Docket No. 2019‑0938‑PST‑E on May 5, 2020, assessing $3,000 in administrative penalties with $600 deferred. Information concerning any aspect of this order may be obtained by contacting Alain Elegbe, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Nalco Company LLC, Docket No. 2019‑0942‑AIR‑E on May 5, 2020, assessing $6,545 in administrative penalties with $1,309 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding LW Food Mart LLC, Docket No. 2019‑0948‑PST‑E on May 5, 2020, assessing $7,500 in administrative penalties with $1,500 deferred. Information concerning any aspect of this order may be obtained by contacting Harley Hobson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding N & M GROUP LLC dba Howdy Food Mart, Docket No. 2019‑1032‑PST‑E on May 5, 2020, assessing $3,750 in administrative penalties with $750 deferred. Information concerning any aspect of this order may be obtained by contacting Stephanie McCurley, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Solvay Specialty Polymers USA, L.L.C., Docket No. 2019‑1045‑AIR‑E on May 5, 2020, assessing $4,255 in administrative penalties with $851 deferred. Information concerning any aspect of this order may be obtained by contacting Margarita Dennis, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding City of San Augustine, Docket No. 2019‑1053‑MWD‑E on May 5, 2020, assessing $4,175 in administrative penalties with $835 deferred. Information concerning any aspect of this order may be obtained by contacting Stephanie Frederick, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding TEXAS HEAT TREATING, INC., Docket No. 2019‑1095‑MLM‑E on May 5, 2020, assessing $4,000 in administrative penalties with $800 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Van Landingham, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Clean Harbors Deer Park, LLC, Docket No. 2019‑1170‑AIR‑E on May 5, 2020, assessing $4,538 in administrative penalties with $907 deferred. Information concerning any aspect of this order may be obtained by contacting Mackenzie Mehlmann, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Louisiana‑Pacific Corporation, Docket No. 2019‑1188‑AIR‑E on May 5, 2020, assessing $3,563 in administrative penalties with $712 deferred. Information concerning any aspect of this order may be obtained by contacting Johnnie Wu, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding LOYOLA GROCERIES INC., Docket No. 2019‑1191‑PST‑E on May 5, 2020, assessing $4,500 in administrative penalties with $900 deferred. Information concerning any aspect of this order may be obtained by contacting Miles Wehner, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding TSS Business, Inc. dba Corner Food Mart, Docket No. 2019‑1232‑PST‑E on May 5, 2020, assessing $3,873 in administrative penalties with $774 deferred. Information concerning any aspect of this order may be obtained by contacting Ken Moller, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Owens Corning Composite Materials, LLC, Docket No. 2019‑1250‑AIR‑E on May 5, 2020, assessing $4,500 in administrative penalties with $900 deferred. Information concerning any aspect of this order may be obtained by contacting Johnnie Wu, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding SHORE-TECH, INC., Docket No. 2019‑1334‑PWS‑E on May 5, 2020, assessing $427 in administrative penalties with $85 deferred. Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Buckeye Texas Processing LLC, Docket No. 2019‑1363‑AIR‑E on May 5, 2020, assessing $4,425 in administrative penalties with $885 deferred. Information concerning any aspect of this order may be obtained by contacting Richard Garza, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding H4WR Phase 4, LLC, Docket No. 2019‑1399‑EAQ‑E on May 5, 2020, assessing $6,563 in administrative penalties with $1,312 deferred. Information concerning any aspect of this order may be obtained by contacting Harley Hobson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Jong Song dba Beltway Grill Shell, Docket No. 2019‑1407‑PST‑E on May 5, 2020, assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting Carlos Molina, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding San Antonio Water System, Docket No. 2019‑1408‑EAQ‑E on May 5, 2020, assessing $3,750 in administrative penalties with $750 deferred. Information concerning any aspect of this order may be obtained by contacting Christopher Moreno, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Silviry Mitchell, Docket No. 2019‑1488‑MSW‑E on May 5, 2020, assessing $1,312 in administrative penalties with $262 deferred. Information concerning any aspect of this order may be obtained by contacting Ken Moller, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Martindale Water Supply Corporation, Docket No. 2019‑1515‑PWS‑E on May 5, 2020, assessing $300 in administrative penalties with $60 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding SANDERSON FARMS, INC. (PRODUCTION DIVISION), Docket No. 2019‑1519‑IWD‑E on May 5, 2020, assessing $6,375 in administrative penalties with $1,275 deferred. Information concerning any aspect of this order may be obtained by contacting Stephanie Frederick, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Natural Gas Pipeline Company of America LLC, Docket No. 2019‑1524‑AIR‑E on May 5, 2020, assessing $813 in administrative penalties with $162 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

A field citation was adopted regarding JONATHAN FOUTZ, Docket No. 2020‑0013‑WOC‑E on May 5, 2020, assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Aaron Vincent, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

A field citation was adopted regarding GERALD A. AND LINDA D. GORDON, Docket No. 2020‑0038‑WR‑E on May 5, 2020, assessing $350 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Abigail Lindsey, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

A field citation was adopted regarding Mack A. Punch, Docket No. 2020‑0067‑WOC‑E on May 5, 2020, assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Aaron Vincent, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

A field citation was adopted regarding Robinson Russell S. Jr., Docket No. 2020‑0089‑OSS‑E on May 5, 2020, assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Alejandro Laje, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

A field citation was adopted regarding BROOKSON BUILDERS, LLC, Docket No. 2020‑0129‑WQ‑E on May 5, 2020, assessing $875 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Katelyn Tubbs, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

A field citation was adopted regarding ROBERT CAMP, Docket No. 2020‑0133‑WOC‑E on May 5, 2020, assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

A field citation was adopted regarding VICTOR SILVA, Docket No. 2020‑0135‑WOC‑E on May 5, 2020, assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Aaron Vincent, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

A field citation was adopted regarding Bells Drilling Service LLC, Docket No. 2020‑0136‑WR‑E on May 5, 2020, assessing $350 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Harley Hobson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

TRD-202001791

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 6, 2020


Enforcement Orders

A default order was adopted regarding Wallace Hardie, Docket No. 2018‑0477‑WOC‑E on May 6, 2020, assessing $938 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Benjamin Warms, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding the City of Huntington, Docket No. 2018‑1034‑MWD‑E on May 6, 2020, assessing $50,488 in administrative penalties with $10,097 deferred. Information concerning any aspect of this order may be obtained by contacting Harley Hobson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding the City of Aransas Pass, Docket No. 2018‑1300‑MWD‑E on May 6, 2020, assessing $93,350 in administrative penalties with $18,670 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Van Landingham, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

A default order was adopted regarding MA FOOD MART, INC. dba Woodhaven Food Mart, Docket No. 2018‑1570‑PST‑E on May 6, 2020, assessing $4,687 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Benjamin Warms, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Michael Fensterbush and Heidi Fensterbush dba Valley Estates, Docket No. 2018‑1623‑PWS‑E on May 6, 2020, assessing $1,155 in administrative penalties with $990 deferred. Information concerning any aspect of this order may be obtained by contacting Ryan Rutledge, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

A default order was adopted regarding David Morse dba D&M Trash Removal, Docket No. 2018‑1649‑MSW‑E on May 6, 2020, assessing $1,312 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kevin R. Bartz, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

A default order was adopted regarding Nelson Mena dba KUBA Transport, Docket No. 2019‑0029‑PST‑E on May 6, 2020, assessing $1,352 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ben Warms, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding KELLY BURT DOZER, INC., Docket No. 2019‑0074‑WQ‑E on May 6, 2020, assessing $19,688 in administrative penalties with $3,937 deferred. Information concerning any aspect of this order may be obtained by contacting Christopher Moreno, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Chevron Phillips Chemical Company LP, Docket No. 2019‑0112‑AIR‑E on May 6, 2020, assessing $14,250 in administrative penalties with $2,850 deferred. Information concerning any aspect of this order may be obtained by contacting Mackenzie Mehlmann, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

A default order was adopted regarding WILDWOOD MHP OF LUBBOCK LLC, Docket No. 2019‑0198‑PWS‑E on May 6, 2020, assessing $41,220 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kevin R. Bartz, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Jarvis Christian College, Docket No. 2019‑0199‑PWS‑E on May 6, 2020, assessing $674 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Marla Waters, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding William Brent Davis dba Cypresswood Estates, Docket No. 2019‑0224‑PWS‑E on May 6, 2020, assessing $870 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Julianne Dewar, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding the City of Follett, Docket No. 2019‑0270‑PWS‑E on May 6, 2020, assessing $3,053 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ryan Byer, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding BASF Corporation, Docket No. 2019‑0283‑AIR‑E on May 6, 2020, assessing $20,188 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Amanda Diaz, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding The Sherwin‑Williams Manufacturing Company, Docket No. 2019‑0288‑AIR‑E on May 6, 2020, assessing $8,252 in administrative penalties with $1,650 deferred. Information concerning any aspect of this order may be obtained by contacting Johnnie Wu, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding KD GILL LLC dba Four Corner, Docket No. 2019‑0554‑PST‑E on May 6, 2020, assessing $8,154 in administrative penalties with $1,630 deferred. Information concerning any aspect of this order may be obtained by contacting Hailey Johnson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding the City of Lawn, Docket No. 2019‑0561‑PWS‑E on May 6, 2020, assessing $90 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Marla Waters, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding 4‑D Water Company, LLC, Docket No. 2019‑0716‑PWS‑E on May 6, 2020, assessing $1,527 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Marla Waters, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding the City of Comanche, Docket No. 2019‑0759‑PWS‑E on May 6, 2020, assessing $742 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Julianne Dewar, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding U.S. Silica Company, Docket No. 2019‑0800‑AIR‑E on May 6, 2020, assessing $9,000 in administrative penalties with $1,800 deferred. Information concerning any aspect of this order may be obtained by contacting Carol McGrath, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Undine Texas Environmental, LLC, Docket No. 2019‑0830‑MWD‑E on May 6, 2020, assessing $6,375 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Aaron Vincent, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding the City of Rio Vista, Docket No. 2019‑0839‑MWD‑E on May 6, 2020, assessing $44,625 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Harley Hobson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Goodsprings Water Supply Corporation, Docket No. 2019‑0898‑PWS‑E on May 6, 2020, assessing $210 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

A default order was adopted regarding ELM RIDGE WATER COMPANY, INC., Docket No. 2019‑0908‑PWS‑E on May 6, 2020, assessing $112 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Kevin R. Bartz, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Copano Processing LLC, Docket No. 2019‑0919‑AIR‑E on May 6, 2020, assessing $8,550 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Mackenzie Mehlmann, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Triple C Concrete of Lubbock, Ltd, Docket No. 2019‑0959‑AIR‑E on May 6, 2020, assessing $14,120 in administrative penalties with $2,824 deferred. Information concerning any aspect of this order may be obtained by contacting Carol McGrath, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding INEOS USA LLC, Docket No. 2019‑0975‑AIR‑E on May 6, 2020, assessing $26,550 in administrative penalties with $5,310 deferred. Information concerning any aspect of this order may be obtained by contacting Richard Garza, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Victoria County Water Control and Improvement District No. 2, Docket No. 2019‑1010‑PWS‑E on May 6, 2020, assessing $568 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Reagent Chemical & Research, Inc., Docket No. 2019‑1022‑IWD‑E on May 6, 2020, assessing $9,000 in administrative penalties with $1,800 deferred. Information concerning any aspect of this order may be obtained by contacting Abigail Lindsey, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding the City of Round Rock, Docket No. 2019‑1082‑WQ‑E on May 6, 2020, assessing $5,625 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Had Darling, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Miller Milling Company, LLC, Docket No. 2019‑1112‑AIR‑E on May 6, 2020, assessing $10,291 in administrative penalties with $2,058 deferred. Information concerning any aspect of this order may be obtained by contacting Richard Garza, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

TRD-202001795

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 6, 2020


Notice of Public Comment Period on Proposed Revisions to 30 TAC Chapter 281

The Texas Commission on Environmental Quality (commission) proposes to amend §281.18 of 30 Texas Administrative Code (TAC) Chapter 281, Applications Processing.

The proposed rulemaking would allow for the use of electronic mail for application deficiency notices and responses.

Written comments may be submitted to Andreea Vasile, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: https://www6.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2019-108-281-OW. The comment period closes on June 16, 2020. Copies of the proposed rulemaking can be obtained from the commission's website at https://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Laurie Fleet, Wastewater Permitting Section, (512) 239-5445.

TRD-202001741

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: May 1, 2020


Notice of Public Comment Period on Proposed Revisions to 30 TAC Chapter 290

The Texas Commission on Environmental Quality (commission) proposes to amend §290.39 and §290.122 of 30 Texas Administrative Code (TAC) Chapter 290, Public Drinking Water.

The proposed rulemaking would implement House Bill 3552, 86th Texas Legislature, 2019, to require public water systems to notify their customers prior to permanently terminating the addition of fluoride to drinking water.

Written comments may be submitted to Andreea Vasile, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: https://www6.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2020-007-290-OW. The comment period closes June 16, 2020. Copies of the proposed rulemaking can be obtained from the commission's website at https://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Patrick Kading, Drinking Water Special Functions Section, (512) 239-4670.

TRD-202001744

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: May 1, 2020


Notice of Public Comment Period on Proposed Revisions to 30 TAC Chapter 293

The Texas Commission on Environmental Quality (commission) proposes amendments to §§293.3, 293.11, 293.14, 293.15, 293.44, 293.81, 293.94, 293.201, and 293.202; new §293.90 and §§293.132 - 293.137; and the repeal of §§293.132 - 293.136 of 30 TAC Chapter 293, Water Districts.

The proposed rulemaking would implement Senate Bill (SB) 1234, 82nd Texas Legislature, 2011; SB 1987 and SB 2014, 85th Texas Legislature, 2017; and House Bill (HB) 304, HB 440, HB 2590, HB 2914, SB 239, and SB 911, 86th Texas Legislature, 2019, to revise creation, bond, road powers, and dissolution rules for water districts including their general provisions and annual reporting requirements.

Written comments may be submitted to Patricia Durón, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: https://www6.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2020-008-293-OW. The comment period closes June 16, 2020. Copies of the proposed rulemaking can be obtained from the commission's website at https://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Jaime Ealey, Districts Section, (512) 239-4739.

TRD-202001755

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: May 1, 2020


Notice of Public Comment Period on Proposed Revisions to 30 TAC Chapters 305 and 330

The Texas Commission on Environmental Quality (commission) proposes to amend §305.53 of 30 Texas Administrative Code (TAC) Chapter 305, Consolidated Permits. Additionally, the commission proposes to amend §§330.3, 330.13, 330.59, and 330.73 and proposes the repeal of §§330.261, 330.263, 330.265, 330.267, 330.269, 330.271, 330.273, 330.275, 330.277, 330.279, 330.281, 330.283, 330.285, 330.287, and 330.289 of 30 TAC Chapter 330, Municipal Solid Waste.

The proposed rulemaking would implement House Bill (HB) 1331, 86th Texas Legislature, 2019, by increasing permit application fees; HB 1435, 86th Texas Legislature, by providing for site assessments for new permits and major permit amendments; and HB 1953, 86th Texas Legislature, by adding an exempt activity for beneficial conversion of plastics and recoverable materials using pyrolysis and gasification processes. The proposed rulemaking would also repeal the rules found to be obsolete in Chapter 330, Subchapter F, Analytical Quality Assurance and Quality Control, as a result of the Quadrennial Rules Review of Chapter 330.

Written comments may be submitted to Andreea Vasile, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: https://www6.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2020-006-305-WS. The comment period closes June 16, 2020. Copies of the proposed rulemaking can be obtained from the commission's website at https://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Ruben Meza, P.E., Municipal Solid Waste Permits Section, (512) 239-2580.

TRD-202001758

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: May 1, 2020


Notice of Public Meeting for Water Quality Land Application Permit for Municipal Wastewater: New Proposed Permit No. WQ0015835001

APPLICATION. Silesia Properties, LP, 24114 Blanco Road, San Antonio, Texas 78260, has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, Proposed TCEQ Permit No. WQ0015835001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 365,000 gallons per day via public access subsurface area drip dispersal system with a minimum area of 84 acres. This permit will not authorize a discharge of pollutants into waters in the State.

The wastewater treatment facility and disposal site will be located at 26226 West State Highway 46, in the City of Spring Branch, Comal County, Texas 78070. The wastewater treatment facility and disposal site will be located in the drainage basin of Guadalupe River Above Canyon Lake in Segment No. 1806 of the Guadalupe River Basin. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to the application.

https://tceq.maps.arcgis.com/apps/webappviewer/index.html?id=db5bac44afbc468bbddd360f8168250f&marker=-98.5075%2C29.815277&level=12

The TCEQ Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements.

PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments about this application. The TCEQ will hold a public meeting on this application because it was requested by a local legislator.

The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. A public meeting will be held and will consist of two parts, an Informal Discussion Period and a Formal Comment Period. A public meeting is not a contested case hearing under the Administrative Procedure Act. During the Informal Discussion Period, the public will be encouraged to ask questions of the applicant and TCEQ staff concerning the permit application. The comments and questions submitted orally during the Informal Discussion Period will not be considered before a decision is reached on the permit application and no formal response will be made. Responses will be provided orally during the Informal Discussion Period. During the Formal Comment Period on the permit application, members of the public may state their formal comments orally into the official record. A written response to all timely, relevant and material, or significant comments will be prepared by the Executive Director. All formal comments will be considered before a decision is reached on the permit application. A copy of the written response will be sent to each person who submits a formal comment or who requested to be on the mailing list for this permit application and provides a mailing address. Only relevant and material issues raised during the Formal Comment Period can be considered if a contested case hearing is granted on this permit application.

The Public Meeting is to be held:

Tuesday, June 9, 2020 at 7:00 p.m.

Members of the public may listen to the meeting by calling, toll free, (415) 930-5321 and entering access code 647-255-712. Members of the public who would like to ask questions or provide comments during the meeting may access the meeting via webcast by following this link: https://www.gotomeeting.com/webinar/join-webinar and entering Webinar ID 585-699-835. Those without internet access may call (512) 239-1201 before the meeting begins for assistance in accessing the meeting and participating telephonically.

Additional information will be available on the agency calendar of events at the following link: https://www.tceq.texas.gov/agency/decisions/hearings/calendar.html.

INFORMATION. Citizens are encouraged to submit written comments anytime during the meeting or by mail before the close of the public comment period to the Office of the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at https://www14.tceq.texas.gov/epic/eComment/. If you need more information about the permit application or the permitting process, please call the TCEQ Public Education Program, Toll Free, at (800) 687-4040. Si desea información en español, puede llamar (800) 687-4040. General information about the TCEQ can be found at our web site at www.tceq.texas.gov.

The permit application, Executive Director's preliminary decision, and draft permit are available for viewing and copying at Mammen Family Public Library, 131 Bulverde Crossing, Bulverde, Texas. Further information may also be obtained from Silesia Properties, LP at the address stated above or by calling Mr. Aaron Laughlin, P.E., Steger Bizzell at (512) 930-9412..

Persons with disabilities who need special accommodations at the meeting should call the Office of the Chief Clerk at (512) 239-3300 or (800) RELAY-TX (TDD) at least one week prior to the meeting.

Issuance Date: May 4, 2020

TRD-202001790

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 6, 2020


General Land Office

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of April 27, 2020, to May 1, 2020. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period extends 30 days from the date published on the Texas General Land Office web site. The notice was published on the web site on Friday, May 8, 2020. The public comment period for this project will close at 5:00 p.m. on Sunday, June 7, 2020.

FEDERAL AGENCY ACTIONS:

Applicant: Gulf Copper & ManufacturingCorporation

Location: The project site is located in the Sabine-Neches Canal, at 5700 Procter Street Extension, in Port Arthur, Jefferson County, Texas.

Latitude & Longitude (NAD 83): 29.918418, -93.888839

Project Description: The applicant proposes to modify and extend the construction time period for their previous permit, 19845, that lapsed 31 December 2015. The applicant proposes to deepen the dredge depth at their dry dock slip (2.64 acres) to (-) 40 feet mean lower low water (MLLW) with a 1-foot allowable over depth as well as requests to dredge the southwest corner slip (0.73 acres) to (-) 30 feet MLLW with a 1-foot allowable over depth and an additional 10 years of mechanical and/or hydraulic maintenance dredging of Gulf Copper, Port Arthur, Texas, dock facilities. The applicant also proposes to extend the dredge pad footprint to 140' 2" downstream and 67' 5" upstream as well as extend the dredge footprint out to the Federal Channel Limit. An estimated 109,500 cubic yards of material is requested to be dredged. The applicant proposes for the dredge material to be relocated and placed in USACE Placement Area 11 and/or Placement Area 12 (to include effluent discharge).

The applicant also proposes to install a 581-linear-foot sheet-pile bulkhead, to support a new dredge slip area and expand water front facilities. The proposed project will provide deeper dredge depth to accommodate larger dry dock and additional vessels.

Type of Application: U.S. Army Corps of Engineers (USACE) permit application # SWG-1993-00889. This application will be reviewed pursuant to Section 10 of the Rivers and Harbor Act and Section 404 of the Clean Water Act.

CMP Project No: 20-1154-F1

Further information on the applications listed above, including a copy of the consistency certifications or consistency determinations for inspection, may be obtained from the Texas General Land Office Public Information Officer at 1700 N. Congress Avenue, Austin, Texas 78701, or via email at pialegal@glo.texas.gov. Comments should be sent to the Texas General Land Office Coastal Management Program Coordinator at the above address or via email at federal.consistency@glo.texas.gov.

TRD-202001786

Mark A. Havens

Chief Clerk and Deputy Land Commissioner

General Land Office

Filed: May 5, 2020


Office of the Governor

Notice of Application and Priorities for the Justice Assistance Grant Program Federal Application

Office of the Governor, Public Safety Office (PSO)

The Governor's Public Safety Office (PSO) is planning to apply for federal fiscal year (FFY) 2020 formula funds under the Edward Byrne Justice Assistance Grant (JAG) program administered by the U.S. Department of Justice, Bureau of Justice Assistance. The FFY 2020 allocation to Texas is estimated to be $13.3 million.

PSO proposes to use the FFY 2020 award to fund initiatives that target border security, violent crimes, organized criminal activity, improve technology, substance abuse diversion programs and offender reentry into the community.

Comments regarding the proposed use of JAG funds should be submitted in writing within 30 days from the date of this announcement in the Texas Register. Comments may be submitted to the attention of Mr. Andrew Friedrichs, Public Safety Office (PSO), Texas Office of the Governor, by email at Andrew.Friedrichs@gov.texas.gov or by mail to the Office of the Governor, Public Safety Office, Post Office Box 12428, Austin, Texas 78711. You may also request a copy of the application upon its completion from Mr. Friedrichs.

TRD-202001781

Aimee Snoddy

PSO Executive Director

Office of the Governor

Filed: May 5, 2020


Texas Department of Housing and Community Affairs

Correction of Error

The Texas Department of Housing and Community Affairs adopted amendments to 10 TAC §10.613 in the May 8, 2020, issue of the Texas Register (45 TexReg 3036). In subsection (j), the word "owner" was inadvertently omitted from the first sentence. Subsection (j) should read as follows:

(j) Housing Tax Credit Units leased to an organization through a supportive housing program where the owner receives a rental payment for the unit regardless of physical occupancy will be found out of compliance if the Unit remains vacant for over 60 days. The Unit will be found out of compliance under the Event of Noncompliance "Violation of the Unit Vacancy Rule."

TRD-202001780


Texas Department of Transportation

Request for Qualifications

Pursuant to the authority granted under Transportation Code, Chapter 223, Subchapter F (enabling legislation), the Texas Department of Transportation (department), may enter into, in each state fiscal biennium, up to six design-build contracts for the design, construction, expansion, extension, related capital maintenance, rehabilitation, alteration, or repair of a highway project with a construction cost estimate of $150 million or more. The enabling legislation authorizes private involvement in design-build projects and provides a process for the department to solicit proposals for such projects. Transportation Code §223.245 prescribes requirements for issuance of a request for qualifications (RFQ) and requires the department to publish a notice of such issuance in the Texas Register. The Texas Transportation Commission (commission) adopted Texas Administrative Code, Title 43, Chapter 9, Subchapter I relating to design-build contracts (the rules). The enabling legislation, as well as the rules, govern the submission and processing of qualifications statements (QSs), and provide for the issuance of an RFQ that sets forth the basic criteria for qualifications, experience, technical competence, and ability to develop a proposed project and such other information the department considers relevant or necessary.

The commission has authorized the issuance of an RFQ to design, construct, and maintain the I-35E Phase 2 Project (Project) in Dallas County. The I-35E Phase 2 Project consists of the full reconstruction and widening of this segment of the I-35E corridor and includes the addition of one general purpose lane in each direction and full reconstruction and "grandfathering" of the existing two reversible tolled managed lanes, for a total of 10 general purpose and tolled managed lanes, along with the construction of continuous frontage roads and numerous intersection improvements. The Project has an estimated design-build cost of approximately $600 Million.

Through this notice, the department is seeking QSs from teams interested in entering into a design-build contract and a capital maintenance contract. The department intends to evaluate any QS received in response to the RFQ and may request submission of detailed proposals, potentially leading to the negotiation, award, and execution of a design-build contract, and a capital maintenance contract. The department will accept for consideration any QS received in accordance with the enabling legislation, the rules, and the RFQ, on or before the deadline in this notice. The department anticipates issuing the RFQ, receiving and evaluating the QSs, developing a shortlist of proposing entities or consortia, and issuing a request for proposals (RFP) to the shortlisted entities. After review and a best value evaluation of the responses to the RFP, the department may negotiate and enter into a design-build contract and a capital maintenance contract for the Project.

RFQ Evaluation Criteria. QSs will be evaluated by the department for shortlisting purposes using the following general criteria: project qualifications and experience, statement of technical approach, and safety qualifications. The specific criteria under the foregoing categories will be identified in the RFQ, as will the relative weighting of the criteria.

Release of RFQ and Due Date. The department currently anticipates that the RFQ will be available on May 15, 2020. Copies of the RFQ will be available at the following website:

http://www.txdot.gov/inside-txdot/division/debt/strategic-projects/alternative-delivery/i-35ephase2/rfq.html

QSs will be due by 12:00 p.m. (noon) CST on June 25, 2020, at the address specified in the RFQ.

TRD-202001783

Becky Blewett

Deputy General Counsel

Texas Department of Transportation

Filed: May 5, 2020