IN ADDITION

Office of the Attorney General

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. Francisco R. Garcia, individually and d/b/a Pollos Asados Los Norteños, Maria Mayela Garcia, individually and d/b/a Pollos Asados Los Norteños, and Parrillando SA, L.L.C., d/b/a Pollos Asados Los Norteños; Cause No. D-1-GN-16-003482; in the 126th Judicial District Court, Travis County, Texas.

Background: Defendants are owners and/or operators of a restaurant named Pollos Asados Los Norteños located at 4642 Rigsby Avenue in San Antonio, Bexar County, Texas (the "Site"). In 2016, the State initiated the suit on behalf of the Texas Commission on Environmental Quality ("TCEQ") to address the problem of excessive smoke and odors arising from the process of grilling chicken with mesquite charcoal at the Site, causing visibility, traffic, and health issues around the neighborhood, in violation of the Texas Clean Air Act and rules adopted thereunder by the TCEQ. Since suit was filed, Defendants have installed an air emissions control unit at the Site to ensure the smoke does not exceed opacity limits.

Proposed Settlement: The parties propose an Agreed Final Judgment and Permanent Injunction, which provides for an award of civil penalties of $16,500 against Defendants, plus attorney's fees to the State in the amount of $12,500. The Agreed Final Judgment and Permanent Injunction also orders Defendants to: properly operate their cooking equipment, using less than 25% charcoal or wood sources, to prevent excessive emissions; continue to service and maintain the air emissions control unit at the Site; and maintain an opacity level below 20% at all times.

For a complete description of the proposed settlement, the Agreed Final Judgment and Permanent Injunction should be reviewed in its entirety. The proposed judgment may be examined at the Office of the Attorney General, 300 W. 15th Street, 10th Floor, Austin, Texas 78701, and copies may be obtained in person or by mail for the cost of copying. A copy is also lodged with the Travis County District Court. Requests for copies of the proposed judgment and settlement, and written comments on the same, should be directed to Tyler J. Ryska, 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-202000130

Ryan L. Bangert

Deputy Attorney General for Legal Counsel

Office of the Attorney General

Filed: January 14, 2020


Comptroller of Public Accounts

Certification of the Average Closing Price of Gas and Oil - December 2019

The Comptroller of Public Accounts, administering agency for the collection of the Oil Production Tax, has determined, as required by Tax Code, §202.058, that the average taxable price of oil for reporting period December 2019 is $41.53 per barrel for the three-month period beginning on September 1, 2019, and ending November 30, 2019. Therefore, pursuant to Tax Code, §202.058, oil produced during the month of December 2019, from a qualified low-producing oil lease, is not eligible for a credit on the oil production tax imposed by Tax Code, Chapter 202.

The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined, as required by Tax Code, §201.059, that the average taxable price of gas for reporting period December 2019 is $1.30 per mcf for the three-month period beginning on September 1, 2019, and ending November 30, 2019. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of December 2019, from a qualified low-producing well, is eligible for a 100% credit on the natural gas production tax imposed by Tax Code, Chapter 201.

The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of West Texas Intermediate crude oil for the month of December 2019 is $59.80 per barrel. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall not exclude total revenue received from oil produced during the month of December 2019, from a qualified low-producing oil well.

The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of gas for the month of December 2019 is $2.28 per MMBtu. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall exclude total revenue received from gas produced during the month of December 2019, from a qualified low-producing gas well.

Inquiries should be submitted to Teresa G. Bostick, Director, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.

This agency hereby certifies that legal counsel has reviewed this notice and found it to be within the agency's authority to publish.

TRD-202000128

William Hamner

Special Counsel for Tax Administration

Comptroller of Public Accounts

Filed: January 14, 2020


Notice of Hearing on §3.334 - Local Sales and Use Taxes

The Office of the Comptroller of Public Accounts received requests by interested parties to hold a public hearing pursuant to Government Code, §2001.029(b)(2) on proposed §3.334 found in Texas Administrative Code, Title 34, Part 1, Chapter 3, Subchapter O.

The comptroller will hold a hearing to take public comments, on Tuesday, February 4, 2020, from 9:00 a.m. until 3:00 p.m., in Room 1.111 of the William B. Travis Building, Austin, Texas 78701. Interested persons may sign up to testify beginning at 8:30 a.m. and testimony will be heard on a first come first serve basis. All persons will have 10 minutes to present their testimony and shall also provide their testimony in writing prior to their oral testimony. The proposed section was published in the January 3, 2020, issue of the Texas Register.

The purpose of this hearing is to receive comments from interested persons, pursuant to Government Code, §2001.029.

Questions concerning the hearing or this notice should be referred to Teresa G. Bostick, Director, Tax Policy Division. Phone Number: (512) 305-9952. E-mail address: Teresa.Bostick@cpa.texas.gov.

TRD-202000147

William Hamner

Special Counsel for Tax Administration

Comptroller of Public Accounts

Filed: January 15, 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 and §303.009, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 01/20/20 - 01/26/20 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 01/20/20 - 01/26/20 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.

TRD-202000131

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: January 14, 2020


Credit Union Department

Application for a Merger or Consolidation

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

An application was received from Barksdale Federal Credit Union (Bossier City, Louisiana) seeking approval to merge with Longview Consolidated Credit Union (Longview), with Barksdale Federal Credit Union being the surviving credit union.

An application was received from Navy Army Community Credit Union (Corpus Christi) seeking approval to merge with Third Coast Federal Credit Union (Corpus Christi), with Navy Army Community Credit Union being the surviving credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-202000138

John J. Kolhoff

Commissioner

Credit Union Department

Filed: January 15, 2020


Application to Amend Articles of Incorporation

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

An application for a change to its principal place of business was received from Velocity Credit Union, Austin, Texas. The credit union is proposing to change its domicile to 4515 Seton Center Parkway, Ste. 200, Austin, Texas.

An application for a change to its principal place of business was received from Credit Union of Texas, Dallas, Texas. The credit union is proposing to change its domicile to 900 West Bethany Drive, Allen, Texas.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-202000137

John J. Kolhoff

Commissioner

Credit Union Department

Filed: January 15, 2020


Application to Expand Field of Membership

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

An application was received from Unity One Credit Union, Fort Worth, Texas, to expand its field of membership. The proposal would permit employees of Olympus Property, working in or paid from Fort Worth, Texas, to be eligible for membership in the credit union to be eligible for membership in the credit union.

An application was received from Educators Credit Union, Waco, Texas, to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school in Bell, Hamilton and Limestone Counties, Texas, to be eligible for membership in the credit union to be eligible for membership in the credit union

An application was received from Associated Credit Union of Texas #1, League City, Texas, to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school in Brazos County, Texas, to be eligible for membership in the credit union.

An application was received from Associated Credit Union of Texas #2, League City, Texas, to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school in Chambers County, Texas, to be eligible for membership in the credit union.

An application was received from Associated Credit Union of Texas #3, League City, Texas, to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school in Fort Bend County, Texas, to be eligible for membership in the credit union.

An application was received from Associated Credit Union of Texas #4, League City, Texas, to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school in Grimes County, Texas, to be eligible for membership in the credit union.

An application was received from Associated Credit Union of Texas #5, League City, Texas, to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school in Liberty County, Texas, to be eligible for membership in the credit union.

An application was received from Associated Credit Union of Texas #6, League City, Texas, to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school in Matagorda County, Texas, to be eligible for membership in the credit union.

An application was received from Associated Credit Union of Texas #7, League City, Texas, to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school in Montgomery County, Texas, to be eligible for membership in the credit union.

An application was received from Associated Credit Union of Texas #8, League City, Texas, to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school in Wharton County, Texas, to be eligible for membership in the credit union.

An application was received from Coastal Community and Teachers Credit Union, Corpus Christi, Texas, to expand its field of membership. The proposal would permit members of the FOCUS Foundation who qualify for membership in accordance with its bylaws, to be eligible for membership in the credit union to be eligible for membership in the credit union.

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

TRD-202000136

John J. Kolhoff

Commissioner

Credit Union Department

Filed: January 15, 2020


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 25, 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 February 25, 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: BASF TOTAL Petrochemicals LLC; DOCKET NUMBER: 2019-1166-AIR-E; IDENTIFIER: RN100216977; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: petrochemical plant; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(c), and 122.143(4), New Source Review Permit Numbers 36644, PSDTX903M5, and N007M1, Special Conditions Number 1, Federal Operating Permit Number O2551, General Terms and Conditions and Special Terms and Conditions Number 23, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $7,500; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $3,000; ENFORCEMENT COORDINATOR: Mackenzie Mehlmann, (512) 239-2572; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(2) COMPANY: Blake Truax dba The Barn and Merri Truax dba The Barn; DOCKET NUMBER: 2019-1054-PWS-E; IDENTIFIER: RN102883394; LOCATION: Victoria, Victoria County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.51(a)(6) and TWC, §5.702, by failing to pay annual Public Health Service fees and/or any associated late fees for TCEQ Financial Administration Account Number 92350085 for Fiscal Year 2019; and 30 TAC §290.106(c) and (e) and §290.118(c) and (e), by failing to collect and report the results of nitrate/nitrite and secondary constituent sampling to the executive director for the January 1, 2018 - December 31, 2018, monitoring period; PENALTY: $465; ENFORCEMENT COORDINATOR: Samantha Duncan, (512) 239-2511; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(3) COMPANY: City of Jewett; DOCKET NUMBER: 2019-1509-MWD-E; IDENTIFIER: RN101607125; LOCATION: Jewett, Leon County; TYPE OF FACILITY: wastewater treatment; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0011392001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $4,125; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(4) COMPANY: Clay D. Mathis dba Big Daddys RV Park; DOCKET NUMBER: 2019-1434-PWS-E; IDENTIFIER: RN110503711; LOCATION: Hemphill, Sabine County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.106(c) and (e) and §290.118(c) and (e), by failing to collect and report the results of nitrate/nitrite and secondary constituent sampling to the executive director for the January 1, 2018 - December 31, 2018, monitoring period; PENALTY: $484; ENFORCEMENT COORDINATOR: Samantha Duncan, (512) 239-2511; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(5) COMPANY: Crystal Clear Special Utility District; DOCKET NUMBER: 2019-1453-PWS-E; IDENTIFIER: RN101437994; LOCATION: San Marcos, Guadalupe County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level (MCL) of 0.060 milligram per liter (mg/L) for haloacetic acids (HAA5) based on the locational running annual average, and failing to comply with the MCL of 0.080 mg/L for total trihalomethanes based on the locational running annual average; PENALTY: $810; ENFORCEMENT COORDINATOR: Marla Waters, (512) 239-4712; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(6) COMPANY: CRYSTAL CLEAR WATER, INC; DOCKET NUMBER: 2019-1105-MLM-E; IDENTIFIER: RN101277309; LOCATION: Clifton, Bosque County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §288.20(a) and §288.30(5)(B) and TWC, §11.1272(c), by failing to adopt a drought contingency plan which includes all elements for municipal use by a retail public water supplier; 30 TAC §290.41(c)(3)(B), by failing to provide a well casing a minimum of 18 inches above the elevation of the finished floor of the pump house or natural ground surface; 30 TAC §290.41(c)(3)(K), by failing to seal the wellhead by a gasket or sealing compound; 30 TAC §290.42(l), by failing to maintain a thorough and up-to-date plant operations manual of sufficient detail to provide the operator with routine maintenance and repair procedures, with protocols to be utilized in the event of a natural or man-made catastrophe, as well as provide telephone numbers of water system personnel, system officials, and local/state/federal agencies to be contacted in the event of an emergency; 30 TAC §290.45(b)(1)(A)(i) and Texas Health and Safety Code, §341.0315(c), by failing to provide a minimum well capacity of 1.5 gallons per minute per connection; 30 TAC §290.46(f)(2) and (3)(A)(i)(III) and (D)(ii), 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(v), by failing to ensure that all electrical wiring is securely installed in compliance with a local or national electrical code; PENALTY: $757; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3421; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(7) COMPANY: EnCana Oil & Gas (USA) Incorporated; DOCKET NUMBER: 2019-1302-AIR-E; IDENTIFIER: RN106477532; LOCATION: Gillett, Karnes County; TYPE OF FACILITY: oil and gas production facility; RULES VIOLATED: 30 TAC §116.615(2) and §122.143(4), Standard Permit Registration Number 104730, Air Quality Standard Permit for Oil and Gas Handling and Production Facilities, Special Conditions Number (m), Table 7, Federal Operating Permit Number O3847, General Terms and Conditions and Special Terms and Conditions Number 9, and Texas Health and Safety Code, §382.085(b), by failing to conduct a quarterly performance evaluation if the engine is operated for 1,000 hours or more during the quarter period; PENALTY: $2,374; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $950 ENFORCEMENT COORDINATOR: Mackenzie Mehlmann, (512) 239-2572; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(8) COMPANY: Equistar Chemicals, LP; DOCKET NUMBER: 2019-0620-AIR-E; IDENTIFIER: RN100210319; LOCATION: La Porte, Harris County; TYPE OF FACILITY: chemical manufacturer; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(c), and 122.143(4), New Source Review (NSR) Permit Numbers 18978, PSDTX752M5, and N162, Special Conditions (SC) Number 1, Federal Operating Permit (FOP) Number O1606, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 15, and Texas Health and Safety Code (THSC), §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §101.201(b)(1)(E) and (F) and §122.143(4), FOP Number O1606, GTC and STC Number 2.F, and THSC, §382.085(b), by failing to identify all required information on the final record for a reportable emissions event; and 30 TAC §§115.722(c)(1), 116.115(c), and 122.143(4), NSR Permit Number 4477, SC Number 1, FOP Number O1606, GTC and STC Number 15, and THSC, §382.085(b), by failing to prevent unauthorized emissions, and failing to limit highly reactive volatile organic compounds emissions to 1,200 pounds or less per one-hour block period; PENALTY: $46,439; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $18,576; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(9) COMPANY: KOTT LIVEOAKS INCORPORATED; DOCKET NUMBER: 2019-0761-PWS-E; IDENTIFIER: RN101274850; LOCATION: Fredericksburg, Gillespie County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.108(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level (MCL) of 15 picoCuries per liter for gross alpha particle activity based on the running annual average; and 30 TAC §290.122(b)(3)(A) and (f), by failing to provide public notification and submit a copy of the public notification, accompanied with a signed Certificate of Delivery, to the executive director regarding the failure to comply with the MCL for gross alpha particle activity during the third quarter of 2018; PENALTY: $229; ENFORCEMENT COORDINATOR: Samantha Duncan, (512) 239-2511; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(10) COMPANY: LOYOLA GROCERIES INCORPORATED; DOCKET NUMBER: 2019-1191-PST-E; IDENTIFIER: RN102374170; LOCATION: Austin, Travis County; TYPE OF FACILITY: a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tank for releases in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Miles Wehner, (512) 239-2813; REGIONAL OFFICE: P.O. Box 13087 Austin, Texas 78711-3087, (512) 339-2929.

(11) COMPANY: Memorial Health System of East Texas; DOCKET NUMBER: 2019-1269-PST-E; IDENTIFIER: RN105683270; LOCATION: Livingston, Polk County; TYPE OF FACILITY: emergency generator; RULES VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(b), by failing to provide release detection for the suction piping associated with the underground storage tank system; PENALTY: $2,438; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-1337; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(12) COMPANY: MILLER WASTE MILLS, INCORPORATED; DOCKET NUMBER: 2019-0803-IWD-E; IDENTIFIER: RN100590207; LOCATION: Orange, Orange County; TYPE OF FACILITY: industrial water treatment facility; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1) and (5) and Texas Pollutant Discharge Elimination System Permit Number WQ0002835000, Effluent Limitations and Monitoring Requirements Number 1, Outfall Number 002, by failing to comply with permitted effluent limitations; PENALTY: $22,500; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $11,250; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-1337; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(13) COMPANY: NRN BUSINESS, LLC dba Guy Food Mart; DOCKET NUMBER: 2019-1215-PST-E; IDENTIFIER: RN101879807; LOCATION: Guy, Fort Bend County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $5,250; ENFORCEMENT COORDINATOR: Katelyn Tubbs, (512) 239-2512; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(14) COMPANY: Peaceful Valley Donkey Rescue, Incorporated; DOCKET NUMBER: 2019-0079-MLM-E; IDENTIFIER: RN102792694; LOCATION: San Angelo, Tom Green County; TYPE OF FACILITY: animal feeding operation; RULES VIOLATED: 30 TAC §321.47(d)(4) and (5), by failing to provide documentation or provide certification by a licensed Texas professional engineer that the existing Retention Control Structure (RCS) was properly designed and constructed in accordance with RCS sizing, embankment design and construction, and linear requirements; 30 TAC §321.47(f)(3), by failing to develop and utilize a plan for land application or implement a nutrient management plan prior to land application; 30 TAC §321.47(i)(1) and (2), by failing to maintain the required records on-site for a minimum of five years; 30 TAC §321.47(i)(1)(C) and (F) and (l), by failing to conduct preventative maintenance program and site inspections to assure the facility maintains its efficiency and to maintain records of those inspections for a minimum of five years; 30 TAC §335.5(a) and (b), by failing to not cause, suffer, allow, or permit the disposal of industrial solid waste in a landfill prior to recording in the county deed records of the county or counties in which the disposal takes place, and failing to submit the proof of deed recordation to the executive director (ED) prior to instituting disposal operations; and 30 TAC §335.6(a), by failing to notify the ED that the storage, processing, or disposal activities of industrial solid waste are planned, at least 90 days prior to engaging in such activities; PENALTY: $7,875; ENFORCEMENT COORDINATOR: Caleb Olson, (817) 588-5856; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(15) COMPANY: RANDALL L PILKINGTON; DOCKET NUMBER: 2019-1691-OSI-E; IDENTIFIER: RN105157994; LOCATION: Harleton, Harrison County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §285.61(4), by failing to ensure that an authorization to construct has been issued prior to beginning construction of an on-site sewage facility; PENALTY: $175; ENFORCEMENT COORDINATOR: Herbert Darling, (512) 239-2520; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(16) COMPANY: Polk County dba Polk County Landfill and Santek Environmental of Texas, LLC dba Polk County Landfill; DOCKET NUMBER: 2019-1332-MLM-E; IDENTIFIER: RN102668654; LOCATION: Leggett, Polk County; TYPE OF FACILITY: Type I landfill; RULES VIOLATED: 30 TAC §30.213(a) and Municipal Solid Waste (MSW) Permit Number 1384A and Site Operating Plan (SOP), Section 2.0 Personnel, Training, and Equipment, by failing to employ at least one licensed individual who supervises or manages the operations of a MSW facility; 30 TAC §330.73(a) and MSW Permit Number 1384A and SOP, Section 1.2 Recordkeeping, by failing to submit and receive approval for a permit modification prior to implementing the use of new equipment at the facility; and 30 TAC §334.127(a)(1) and TWC, §26.346(a), by failing to register an aboveground storage tank system; PENALTY: $8,925; ENFORCEMENT COORDINATOR: Hailey Johnson, (512) 239-1756; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(17) COMPANY: CALEB A ROSS; DOCKET NUMBER: 2019-1728-WOC-E; IDENTIFIER: RN108957358; LOCATION: Montgomery, Montgomery County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $175; ENFORCEMENT COORDINATOR: Aaron Vincent, (512) 239-0855; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(18) COMPANY: Shree Sudhaya Inc dba Beer & Wine Stop; DOCKET NUMBER: 2019-1214-PST-E; IDENTIFIER: RN107705253; LOCATION: Duncanville, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tank for releases in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Katelyn Tubbs, (512) 239-2512; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(19) COMPANY: Specht's Operations, LLC dba Specht's Store; DOCKET NUMBER: 2019-1264-PWS-E; IDENTIFIER: RN101217370; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.110(e)(2) and (6) and §290.111(h)(2)(B) and (9), by failing to submit a Surface Water Monthly Operating Report with the required turbidity and disinfectant residual data to the executive director by the tenth day of the month following the end of the reporting period for April, May, and June 2019; PENALTY: $242; ENFORCEMENT COORDINATOR: Samantha Salas, (512) 239-1543; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(20) COMPANY: TEXAS HEAT TREATING, INCORPORATED; DOCKET NUMBER: 2019-1095-MLM-E; IDENTIFIER: RN102133691; LOCATION: Round Rock, Williamson County; TYPE OF FACILITY: metal treatment; 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; and 30 TAC §334.127(a)(1) and TWC, §26.346(a), by failing to obtain a petroleum storage tank registration for an above ground storage tank larger than 1,100 gallons; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Steven Van Landingham, (512) 239-5717; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.

TRD-202000123

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 14, 2020


Enforcement Orders

An agreed order was adopted regarding City of Gladewater, Docket No. 2018‑1284‑PWS‑E on January 7, 2020 assessing $3,147 in administrative penalties with $629 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 ANATOMICAL MEDICAL LABORATORIES, INC., Docket No. 2018‑1388‑IHW‑E on January 7, 2020 assessing $6,825 in administrative penalties with $1,365 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 The Sherwin-Williams Manufacturing Company, Docket No. 2018‑1443‑AIR‑E on January 7, 2020 assessing $7,494 in administrative penalties with $1,498 deferred. Information concerning any aspect of this order may be obtained by contacting Robyn Babyak, 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 Skipper Beverage Company, LLC, Docket No. 2018‑1724‑PST‑E on January 7, 2020 assessing $6,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jaime Garcia, 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 Diamond Shamrock Refining Company, L.P., Docket No. 2019‑0155‑AIR‑E on January 7, 2020 assessing $5,960 in administrative penalties with $1,192 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 MISSION INDEV, LLC, Docket No. 2019‑0299‑PWS‑E on January 7, 2020 assessing $112 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jaime Garcia, 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 MMC PROPERTIES, INC., Docket No. 2019‑0378‑PST‑E on January 7, 2020 assessing $1,750 in administrative penalties with $350 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 Enterprise Products Operating LLC, Docket No. 2019‑0473‑AIR‑E on January 7, 2020 assessing $4,800 in administrative penalties with $960 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 City of Brownfield, Docket No. 2019‑0522‑PST‑E on January 7, 2020 assessing $3,563 in administrative penalties with $712 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 Arconic Inc., Docket No. 2019‑0551‑AIR‑E on January 7, 2020 assessing $3,938 in administrative penalties with $787 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 R. D. WALLACE OIL CO., INC., Docket No. 2019‑0566‑PST‑E on January 7, 2020 assessing $3,509 in administrative penalties with $701 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 Noor Sodhi LLC, Docket No. 2019‑0567‑PST‑E on January 7, 2020 assessing $4,623 in administrative penalties with $924 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 EPP-Texas Acquisition, LLC, Docket No. 2019‑0572‑PST‑E on January 7, 2020 assessing $1,394 in administrative penalties with $278 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 Aqua Utilities, Inc., Docket No. 2019‑0578‑PWS‑E on January 7, 2020 assessing $1,613 in administrative penalties with $322 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 CITGO Refining and Chemicals Company L.P., Docket No. 2019‑0609‑AIR‑E on January 7, 2020 assessing $6,075 in administrative penalties with $1,215 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 FAIZAYSH ENTERPRISE INC, Docket No. 2019‑0650‑PST‑E on January 7, 2020 assessing $5,813 in administrative penalties with $1,162 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 Jack Willis, Docket No. 2019‑0657‑WQ‑E on January 7, 2020 assessing $2,000 in administrative penalties with $400 deferred. Information concerning any aspect of this order may be obtained by contacting Chase Davenport, 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 CASTILLO FUEL STOP INC, Docket No. 2019‑0670‑PST‑E on January 7, 2020 assessing $3,750 in administrative penalties with $750 deferred. Information concerning any aspect of this order may be obtained by contacting John Fennell, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding TJP Enterprises, LLC, Docket No. 2019‑0681‑MSW‑E on January 7, 2020 assessing $3,750 in administrative penalties with $750 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 Austin Super Retail, LLC, Docket No. 2019‑0682‑PST‑E on January 7, 2020 assessing $4,532 in administrative penalties with $906 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 Mitsubishi Caterpillar Forklift America Inc., Docket No. 2019‑0698‑AIR‑E on January 7, 2020 assessing $2,513 in administrative penalties with $502 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 Professional General Management Services, Inc., Docket No. 2019‑0704‑WOC‑E on January 7, 2020 assessing $500 in administrative penalties with $100 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 DLUGOSCH III, LLC, Docket No. 2019‑0723‑PST‑E on January 7, 2020 assessing $7,316 in administrative penalties with $1,463 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 City of Ingleside, Docket No. 2019‑0763‑PWS‑E on January 7, 2020 assessing $291 in administrative penalties with $58 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 Petro-Chemical Transport, LLC, Docket No. 2019‑0770‑PST‑E on January 7, 2020 assessing $3,400 in administrative penalties with $680 deferred. Information concerning any aspect of this order may be obtained by contacting John Fennell, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding City of Lorenzo, Docket No. 2019‑0788‑MWD‑E on January 7, 2020 assessing $5,250 in administrative penalties with $1,050 deferred. Information concerning any aspect of this order may be obtained by contacting Chase Davenport, 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 Gamtex Industries LP, Docket No. 2019‑0789‑AIR‑E on January 7, 2020 assessing $4,125 in administrative penalties with $825 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 LLANO WEST MHP, L.P., Docket No. 2019‑0792‑PWS‑E on January 7, 2020 assessing $557 in administrative penalties with $111 deferred. 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 Western Springs Apartments, LP, Docket No. 2019‑0799‑EAQ‑E on January 7, 2020 assessing $6,750 in administrative penalties with $1,350 deferred. Information concerning any aspect of this order may be obtained by contacting Alejandro Laje, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Aqua Utilities, Inc., Docket No. 2019‑0824‑PWS‑E on January 7, 2020 assessing $803 in administrative penalties with $160 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 City of Edinburg, Docket No. 2019‑0840‑MSW‑E on January 7, 2020 assessing $2,963 in administrative penalties with $592 deferred. Information concerning any aspect of this order may be obtained by contacting Tyler Richardson, 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 Maverick County, Docket No. 2019‑0851‑PWS‑E on January 7, 2020 assessing $87 in administrative penalties with $17 deferred. 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 WTR Real Estate Holdings, L.C., Docket No. 2019‑0883‑PWS‑E on January 7, 2020 assessing $350 in administrative penalties with $70 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 Texas Natural Rainwater Harvesting & Bottling, LLC, Docket No. 2019‑0891‑PWS‑E on January 7, 2020 assessing $385 in administrative penalties with $77 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Layne Properties, LLC, Docket No. 2019‑0941‑PWS‑E on January 7, 2020 assessing $100 in administrative penalties with $20 deferred. 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 United Electronic Recycling, LLC, Docket No. 2019‑1046‑MSW‑E on January 7, 2020 assessing $1,875 in administrative penalties with $375 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 City of Ropesville, Docket No. 2019‑1067‑PWS‑E on January 7, 2020 assessing $688 in administrative penalties with $137 deferred. 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.

TRD-202000139

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 15, 2020


Enforcement Orders

An agreed order was adopted regarding the City of Junction, Docket No. 2016‑2129‑MLM‑E on January 15, 2020, assessing $11,241 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding German Pellets Texas, LLC, Docket No. 2017‑1529‑AIR‑E on January 15, 2020, assessing $15,000 in administrative penalties with $3,000 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 Michael Espitia, Docket No. 2018‑0590‑MSW‑E on January 15, 2020, assessing $30,000 in administrative penalties with $28,800 deferred. Information concerning any aspect of this order may be obtained by contacting Jess Robinson, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding CRIDER'S MANAGEMENT, LLC dba Crider's Frio River Resort, Docket No. 2018‑0639‑PWS‑E on January 15, 2020, assessing $3,213 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Audrey Liter, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding the City of Haskell, Docket No. 2018‑0654‑MSW‑E on January 15, 2020, assessing $27,163 in administrative penalties with $5,432 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 The Chemours Company FC, LLC, Docket No. 2018‑0772‑AIR‑E on January 15, 2020, assessing $73,537 in administrative penalties with $14,707 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.

A default order was adopted regarding SSIA GROUP INC dba Gateway Foodmart 3, Docket No. 2018‑0848‑PST‑E on January 15, 2020, assessing $5,743 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 and shutdown order was adopted regarding SHERA CORPORATION dba Dairy Way Food Mart, Docket No. 2018‑0932‑PST‑E on January 15, 2020, assessing $9,804 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 Siesta Shores Water Control and Improvement District, Docket No. 2018‑1139‑PWS‑E on January 15, 2020, assessing $2,080 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Soraya Bun, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Sunoco Partners Marketing & Terminals L.P., Docket No. 2018‑1184‑AIR‑E on January 15, 2020, assessing $115,725 in administrative penalties with $23,145 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 Casita Enterprises, Inc., Docket No. 2018‑1203‑AIR‑E on January 15, 2020, assessing $88,420 in administrative penalties with $17,684 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 Lake Livingston Water Supply Corporation, Docket No. 2018‑1230‑PWS‑E on January 15, 2020, assessing $2,493 in administrative penalties with $912 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 Allen Watts dba Lago Vista Water System, Docket No. 2018‑1289‑PWS‑E on January 15, 2020, assessing $457 in administrative penalties. 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 Western Dairy Transport, L.L.C., Docket No. 2018‑1427‑AIR‑E on January 15, 2020, assessing $1,562 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 Phillips 66 Company, Docket No. 2018‑1437‑AIR‑E on January 15, 2020, assessing $32,814 in administrative penalties with $6,562 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 George W. Jackson dba Fort Jackson Mobile Estates, Docket No. 2018‑1503‑PWS‑E on January 15, 2020, assessing $1,259 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 the City of Nacogdoches, Docket No. 2018‑1509‑MWD‑E on January 15, 2020, assessing $7,175 in administrative penalties. 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 INEOS Americas LLC, Docket No. 2018‑1538‑AIR‑E on January 15, 2020, assessing $16,563 in administrative penalties with $3,312 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.

A default and shutdown order was adopted regarding BVE ENTERPRISES INC. dba Easy Stop, Docket No. 2018‑1583‑PST‑E on January 15, 2020, assessing $4,626 in administrative penalties with $925 deferred. 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 Edward M. Moss and Lourdes Moss, Docket No. 2018‑1592‑PWS‑E on January 15, 2020, assessing $837 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Audrey Liter, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding the City of Hooks, Docket No. 2018‑1607‑MWD‑E on January 15, 2020, assessing $85,000 in administrative penalties. 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 Flint Hills Resources Port Arthur, LLC, Docket No. 2018‑1718‑AIR‑E on January 15, 2020, assessing $15,000 in administrative penalties with $3,000 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.

A default and shutdown order was adopted regarding 1203 Chestnut, Inc. dba All Stop Food Mart, Docket No. 2018‑1756‑PST‑E on January 15, 2020, assessing $10,686 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ryan Rutledge, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Victoria County Water Control and Improvement District No. 2, Docket No. 2018‑1760‑PWS‑E on January 15, 2020, assessing $1,544 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding West Memorial Municipal Utility District, Docket No. 2019‑0054‑MWD‑E on January 15, 2020, assessing $41,563 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.

A default order was adopted regarding Linda W. Ball, Docket No. 2019‑0070‑PWS‑E on January 15, 2020, assessing $3,250 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ryan Rutledge, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding the City of White Oak, Docket No. 2019‑0072‑MWD‑E on January 15, 2020, assessing $9,000 in administrative penalties with $1,800 deferred. Information concerning any aspect of this order may be obtained by contacting Chase Davenport, 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 Calvert, Docket No. 2019‑0082‑PWS‑E on January 15, 2020, assessing $308 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 Grapevine, Docket No. 2019‑0085‑MWD‑E on January 15, 2020, assessing $6,000 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 DCP Operating Company, LP, Docket No. 2019‑0091‑AIR‑E on January 15, 2020, assessing $7,725 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 South Hampton Resources, Inc., Docket No. 2019‑0105‑AIR‑E on January 15, 2020, assessing $20,250 in administrative penalties with $4,050 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 Military Highway Water Supply Corporation, Docket No. 2019‑0128‑PWS‑E on January 15, 2020, assessing $555 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Shalimar Fort Worth, LP, Docket No. 2019‑0182‑MWD‑E on January 15, 2020, assessing $11,314 in administrative penalties with $2,262 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 Bell County Water Control and Improvement District No. 2, Docket No. 2019‑0183‑MWD‑E on January 15, 2020, assessing $19,500 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 Hardin County Water Control and Improvement District No. 1, Docket No. 2019‑0188‑PWS‑E on January 15, 2020, assessing $157 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 Covance Research Products Inc., Docket No. 2019‑0189‑PWS‑E on January 15, 2020, assessing $1,027 in administrative penalties with $1,027 deferred. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding the City of Colorado City, Docket No. 2019‑0222‑MWD‑E on January 15, 2020, assessing $3,375 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 the City of Chillicothe, Docket No. 2019‑0244‑PWS‑E on January 15, 2020, assessing $1,547 in administrative penalties with $1,092 deferred. 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 Methodist Hospital, Docket No. 2019‑0325‑AIR‑E on January 15, 2020, assessing $11,285 in administrative penalties with $2,257 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 Huntsman Petrochemical LLC, Docket No. 2019‑0365‑IWD‑E on January 15, 2020, assessing $18,150 in administrative penalties with $3,630 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 XPERT TRANSPORTATION, LLC, Docket No. 2019‑0371‑PST‑E on January 15, 2020, assessing $16,158 in administrative penalties with $3,231 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 Murphy Oil USA, INC dba Murphy USA 5665, Docket No. 2019‑0392‑PST‑E on January 15, 2020, assessing $18,777 in administrative penalties with $3,755 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 PAK PETROLEUM MARKETING, INC., Docket No. 2019‑0402‑PST‑E on January 15, 2020, assessing $10,048 in administrative penalties with $2,009 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 Tidehaven Independent School District, Docket No. 2019‑0483‑PWS‑E on January 15, 2020, assessing $157 in administrative penalties with $157 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.

A default order was adopted regarding NIROJ CORPORATION dba Cigarette Mart, Docket No. 2019‑0515‑PST‑E on January 15, 2020, assessing $31,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jaime C. Garcia, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

TRD-202000146

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 15, 2020


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 159607

APPLICATION. Celina Ready Mix, LLC, P.O. Box 1437, Colleyville, Texas 76034-1437 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 159607 to authorize the operation of a permanent concrete batch plant. The facility is proposed to be located on the north side of County Road 53 approximately 0.35 mile east of its intersection with County Road 51, Celina, Collin County, Texas 75009. 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=33.291278&lng=-96.795297&zoom=13&type=r. This application was submitted to the TCEQ on December 23, 2019. 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 January 6, 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, February 20, 2020, at 6:00 p.m.

Hampton Inn & Suites Dallas/Frisco North-FieldhouseUSA

6070 Sports Village Road

Frisco, Texas 75033

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 Dallas/Fort Worth Regional Office, located at 2309 Gravel Dr., Fort Worth, Texas 76118-6951, 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 Celina Redi Mix, LLC, P.O. Box 1437, Colleyville, Texas 76034-1437, or by calling Ms. Monique Wells, Environmental Consultant, CIC Environmental, LLC at (512) 292-4314.

Notice Issuance Date: January 10, 2020

TRD-202000134

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 15, 2020


Notice of Opportunity to Comment on an Agreed Order of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Order (AO) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AO, the commission shall allow the public an opportunity to submit written comments on the proposed AO. TWC, §7.075, requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 25, 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 the proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about the AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on February 25, 2020. Comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, TWC, §7.075, provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: GRANBURY EXCAVATING, INC.; DOCKET NUMBER: 2018-1014-WQ-E; TCEQ ID NUMBER: RN110437894; LOCATION: 10500 Mitchell Bend Court near Rainbow, Hood County; TYPE OF FACILITY: aggregate production operation (APO); RULES VIOLATED: TWC, §28A.051(a) and 30 TAC §342.25(b), by failing to register the site as an APO no later than the 10th business day before the beginning date of regulated activities; and TWC, §26.121, 40 Code of Federal Regulations, §122.26(c), and 30 TAC §281.25(a)(4), by failing to obtain authorization to discharge stormwater associated with industrial activities under Texas Pollutant Discharge Elimination System General Permit Number TXR050000; PENALTY: $6,125; STAFF ATTORNEY: Jess Robinson, Litigation Division, MC 175, (512) 239-0455; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-202000125

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 14, 2020


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent the Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 25, 2020. The commission will consider any written comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on February 25, 2020. Comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: Audelia Herrera and Salomon Vasquez dba Salomon Vasquez & Sons and dba Tony's Construction Garbage Cleanup and Demolition Work; DOCKET NUMBER: 2018-0712-MSW-E; TCEQ ID NUMBER: RN109785816; LOCATION: 10744 Mile 1-1/2 West Road, Mercedes, Hidalgo County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW); RULE VIOLATED: 30 TAC §330.15(a) and (c), by causing, suffering, allowing, or permitting the unauthorized disposal of MSW; PENALTY: $2,625; STAFF ATTORNEY: Ian Groetsch, Litigation Division, MC 175, (512) 239-2225; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(2) COMPANY: Emmanuel Mendoza dba Mendoza Body Shop; DOCKET NUMBER: 2018-1200-AIR-E; TCEQ ID NUMBER: RN104363270; LOCATION: 3100 Gateway Boulevard East, El Paso, El Paso County; TYPE OF FACILITY: auto body refinishing facility; RULES VIOLATED: Texas Health and Safety Code (THSC), §382.0518(a) and §382.085(b) and 30 TAC §116.110(a), by failing to obtain authorization prior to constructing or modifying a source of air contaminants; and THSC, §382.085(b) and 30 TAC §115.426(1)(B)(i), by failing to maintain records; PENALTY: $2,625; STAFF ATTORNEY: Clayton Smith, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(3) COMPANY: William Dennis Cowart; DOCKET NUMBER: 2018-1505-MSW-E; TCEQ ID NUMBER: RN109966317; LOCATION: 500 feet Southeast of County Road 213 (Old Highway 69) and County Road 213B (Danny Reed Road) near Huntington, Angelina County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) disposal site; RULE VIOLATED: 30 TAC §330.15(a) and (c), by causing, suffering, allowing, or permitting the unauthorized disposal of MSW; PENALTY: $1,312; STAFF ATTORNEY: Jake Marx, Litigation Division, MC 175, (512) 239-5111; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

TRD-202000126

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 14, 2020


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Shutdown/Default Orders (S/DOs). Texas Water Code (TWC), §26.3475, authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The commission proposes a Shutdown Order after the owner or operator of a UST facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or after December 22, 1998, cathodic protection violations documented at the facility. The commission proposes a Default Order when the staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations, the proposed penalty, the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. In accordance with TWC, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 25, 2020. The commission will consider any written comments received and the commission may withdraw or withhold approval of an S/DO if a comment discloses facts or considerations that indicate that consent to the proposed S/DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed S/DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed S/DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about the S/DO shall be sent to the attorney designated for the S/DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on February 25, 2020. Written comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The commission's attorneys are available to discuss the S/DOs and/or the comment procedure at the listed phone numbers; however, comments on the S/DOs shall be submitted to the commission in writing.

(1) COMPANY: A-2 Convenience LLC dba Super Stop 181; DOCKET NUMBER: 2019-0030-PST-E; TCEQ ID NUMBER: RN101447712; LOCATION: 6793 United States Highway 181 North, Floresville, Wilson County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor USTs for releases at a frequency of at least once every 30 days; TWC, §26.3475(c)(2) and 30 TAC §334.42(i), by failing to inspect all sumps, including dispenser sumps, manways, overspill containers, or catchment basins associated with a UST system at least once every 60 days to ensure that their sides, bottoms, and any penetration points are maintained liquid tight and free of any liquids or debris; TWC, §26.3475(d) and 30 TAC §334.49(a)(4), by failing to provide corrosion protection to all underground metal components of a UST system; 30 TAC §334.75(b), by failing to contain and immediately clean up a spill of any petroleum product from a UST system that is less than 25 gallons; TWC, §26.3467(a) and 30 TAC §334.8(c)(5)(A)(i), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting a delivery of a regulated substance into the USTs; and 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; PENALTY: $18,142; STAFF ATTORNEY: Taylor Pearson, Litigation Division, MC 175, (512) 239-5937; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: CLIFTON FOOD MART, L.L.C. dba Clifton Food Mart; DOCKET NUMBER: 2019-0361-PST-E; TCEQ ID NUMBER: RN101662724; LOCATION: 714 South Avenue G, Clifton, Bosque County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1), 30 TAC §334.50(b)(1)(A), and TCEQ Agreed Order Docket Number 2016-1158-PST-E, Ordering Provision Number 2.b.i., by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); PENALTY: $31,500; STAFF ATTORNEY: Clayton Smith, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(3) COMPANY: J.P. GAS & MEGAMART INC. dba J P Truckstop; DOCKET NUMBER: 2018-1071-PST-E; TCEQ ID NUMBER: RN102041225; LOCATION: 45950 Interstate 10 West, Winnie, Chambers County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system; 30 TAC §334.74, by failing to investigate suspected releases of a regulated substances within 30 days of discovery; and 30 TAC §334.72, by failing to report a suspected release to TCEQ within 24 hours of discovery; PENALTY: $30,174; STAFF ATTORNEY: Jake Marx, Litigation Division, MC 175, (512) 239-5111; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(4) COMPANY: M J H Star Enterprises, Inc. dba Airline Food Mart; DOCKET NUMBER: 2019-0258-PST-E; TCEQ ID NUMBER: RN102022902; LOCATION: 5610 Airline Drive, Houston, Harris County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(d)(1)(B)(ii), by failing to conduct reconciliation of detailed inventory control records at least once every 30 days, in a manner sufficiently accurate to detect a release as small as the sum of 1.0% of the total substance flow-through for the 30-day period plus 130 gallons; and 30 TAC §334.602(a), by failing to identify and designate for the UST facility at least one named individual for each class of operator - Class A, B, and C; PENALTY: $4,725; STAFF ATTORNEY: John S. Merculief II, Litigation Division, MC 175, (512) 239-6944; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-202000127

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 14, 2020


Notice of Public Meeting for a New Municipal Solid Waste Facility: Registration Application No. 40306

Application. Waste Management of Texas, Inc. (Applicant), 9900 Giles Road, Austin, Texas 78754, has applied to the Texas Commission on Environmental Quality (TCEQ) for proposed Municipal Solid Waste (MSW) Registration No. 40306, to construct and operate a Type V MSW Transfer Station. The proposed facility, Austin Community Transfer Station, will be located 500-ft north of intersection of Giles Road and US Hwy 290 Austin, Texas 78754, in Travis County. The transfer station will be located entirely within the permit boundary of the Austin Community Recycling and Disposal Facility (an existing Type 1 MSW facility). The Applicant is requesting authorization to store, process, and transfer municipal solid waste which includes household, yard, commercial, construction, and demolition waste as well as brush, rubbish, Class 2 non-hazardous industrial solid waste, Class 3 non-hazardous industrial solid waste, shredded or quartered tires, and certain special wastes. The following link to an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice: https://arcg.is/1yrXqi. For exact location, refer to application.

Executive Director Action. The executive director shall, after review of an application for registration, determine if the application will be approved or denied in whole or in part. If the executive director acts on an application, the chief clerk shall mail or otherwise transmit notice of the action and an explanation of the opportunity to file a motion to overturn the executive director's decision. The chief clerk shall mail this notice to the owner and operator, the public interest counsel, the adjacent landowners as shown on the required land ownership map and landowners list, and to other persons who timely filed public comment in response to public notice. Not all persons on the mailing list for this notice will receive the notice letter from the Office of the Chief Clerk.

Public Comment/Public Meeting. 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 registration application. The comments and questions submitted orally during the Informal Discussion Period will not be considered before a decision is reached on the registration 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 registration application, members of the public may state their formal comments orally into the official record. All formal comments will be considered before a decision is reached on the registration application. The executive director is not required to file a response to comments.

The Public Meeting is to be held:

Thursday, February 6, 2020 at 7:00 p.m.

Bluebonnet Trail Elementary (cafeteria)

11316 Farmhaven Road

Austin, Texas 78754

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 registration application or the registration 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 registration application is available for viewing and copying at the University Hills Branch Library, 4721 Loyola Ln., Austin, Texas 78723, and may be viewed online at https://www.wm.com/wm/permits-texas/permits.jsp. Further information may also be obtained from Waste Management of Texas, Inc. at the address stated above or by calling Charles Rivette at (713) 253-4497.

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.

Issue Date: January 8, 2020

TRD-202000135

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 15, 2020


Texas Ethics Commission

List of Late Filers

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

Deadline: Lobby Activities Report due November 12, 2019

Adam Goldman, 208 W. 14th St., Ste. 106, Austin, Texas 78701

Lilyanne H. McClean, 1701 Brun St., Ste. 200, Houston, Texas 77019

Samantha Stinnett, 919 Congress Ave., Ste. 720, Austin, Texas 78701

Deadline: Personal Financial Statement due October 31, 2019

Rob D. Block, 4315 Darter St., Houston, Texas 77009

Deadline: Personal Financial Statement due September 12, 2019

Jason B Peeler, 3007 FM 539, Floresville, Texas 78114

Deadline: Semiannual Report due July 15, 2019 for Candidates

Borris Lee Miles, 5302 Almeda Rd., Houston, Texas 77004

Robert K. Inselmann, Jr., P.O. Box 1963, Lufkin, Texas 75902

Deadline: 30-Day Before-Election Report due October 7, 2019 for Candidates

James A. Armstrong III, 1839 Leath St., Dallas, Texas 75212

Adrian Garcia, P.O. Box 10087, Houston, Texas 77018

Deadline: 8-Day Before-Election Report due October 28, 2019 for Candidates

Sarah E. Laningham, 21714 Sierra Long Dr., Richmond, Texas 77407

James A. Armstrong III, 1839 Leath St., Dallas, Texas 75212

Adrian Garcia, P.O. Box 10087, Houston, Texas 77018

TRD-202000073

Anne Temple Peters

Executive Director

Texas Ethics Commission

Filed: January 9, 2020


Texas Facilities Commission

Request for Proposals (RFP) #303-1-20622B

The Texas Facilities Commission (TFC), on behalf of the Comptroller of Public Accounts - Enforcement Division (CPA), announces the issuance of Request for Proposals (RFP) No. 3031-20622B. TFC seeks a five (5) or ten (10) year lease of approximately 6,205 square feet of office space in South/Southwest Travis, Hays or Comal County, Texas.

The deadline for questions is February 3, 2020, and the deadline for proposals is February 10, 2020, at 3:00 P.M. The award date is April 16, 2020. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting the Program Specialist, Evelyn Esquivel, at Evelyn.Esquivel@tfc.state.tx.us. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://www.txsmartbuy.com/sp/303-120622B.

TRD-202000155

Rico Gamino

Director of Procurement

Texas Facilities Commission

Filed: January 15, 2020


Request for Proposals (RFP) #303-1-20682

The Texas Facilities Commission (TFC), on behalf of the Department of Family and Protective Services (DFPS), announces the issuance of Request for Proposals (RFP) #303-1-20682. TFC seeks a five (5) or ten (10) year lease of approximately 51,320 square feet of office space in Dallas, Dallas County, Texas.

The deadline for questions is February 3, 2020, and the deadline for proposals is February 10, 2020, at 3:00 p.m. The award date is April 22, 2020. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting the Program Specialist, Evelyn Esquivel, at Evelyn.Esquivel@tfc.state.tx.us. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://www.txsmartbuy.com/sp/303-1-20682

TRD-202000153

Rico Gamino

Director of Procurement

Texas Facilities Commission

Filed: January 15, 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 January 6, 2020 to January 10, 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, January 17, 2020. The public comment period for this project will close at 5:00 p.m. on Monday, February 17, 2020.

FEDERAL AGENCY ACTIONS:

Applicant: City of Port Aransas

Location: 72-acre project site is located in and adjacent to the Corpus Christi Ship Channel within Port Aransas, Nueces County, Texas.

Latitude & Longitude (NAD 83): 27.835804, -97.076960

Project Description: The applicant proposes to mechanically and/or hydraulically excavate approximately 465,500 cubic yards of material from a 15.61-acre area to a depth of -10 feet below mean high water (MHW) to create a marina. The applicant also proposes to create an access channel to the marina by dredging approximately 41,000 cubic yards of material from an approximately 2.35-acre area. The marina access channel would be 220 feet wide and -14 feet deep mean lower low water (MLLW). In addition, the applicant proposes to construct 6 docks, 201 slips and 440 pilings measuring 35-feet in length each within the marina. Sheet piles would be installed along the edges of the entrance channel to function as breakwaters and a bulkhead would be installed within the marina area for bank stabilization. Support pilings, batter piles, and steel/concrete sheet piles will extend 5.5 feet above the mean low tide (MLT). The proposed breakwaters are 723 feet in length on the west side of the breakwater and 522 feet on the east side of the breakwater. The excavated material would be placed and contained within an approximately 37.5-acre upland area within the project site and used for a 24-foot wide by 5,650-foot long roadway and (2) 4-foot wide sidewalks along the access roadway. The applicant also proposes the placement of fill material within a 0.03-acre palustrine emergent (PEM) wetland. To minimize offsite sediment flow, a temporary dike would be constructed around the perimeter of the bulkhead and silt fence would be placed around the perimeter of the dredge material placement area for the life of the project until permanent stabilization is achieved. The purpose of both erosion and sedimentation control devices is to contain dredge material to the project footprint and reduce sediment flow into the Corpus Christi Ship Channel. Additionally, a water outlet weir would be installed to allow excess water to drain offsite. The weir would be adjusted to prevent runoff from exceeding 300 milligrams/liter for total suspended solids.

Type of Application: U.S. Army Corps of Engineers (USACE) permit application # SWG-2000-02968. This application will be reviewed pursuant to Section 10 of the Rivers and Harbor Act and Section 404 of the Clean Water Act. Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act.

CMP Project No: 20-1107-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-202000144

Mark A. Havens

Chief Clerk and Deputy Land Commissioner

General Land Office

Filed: January 15, 2020


Office of the Governor

Notice of Public Hearing on Proposed Revisions to 1 TAC Chapter 3, Subchapter H

The Texas Crime Stoppers Council (Council) will conduct a public hearing to receive testimony regarding proposed amendments to 1 TAC §§3.9000, 3.9005 - 3.9007, 3.9011, 3.9015, 3.9017, 3.9019, and 3.9021; the proposed new rule at §3.9025; and the proposed repeal of §3.9010 and §3.9013 under the requirements of Texas Government Code, Chapter 2001, Subchapter B.

The proposed amendments to the existing rules would update the Council's policies and procedures to provide a smoother operating framework for the Council and crime stoppers organizations (organizations). The proposed amendments, as well as the new rule, are also in response to statutory revisions to the Texas Government Code enacted by the 86th Legislature, Regular Session, in House Bill 3316. The Council proposes the repeal of §3.9010 and §3.9013 because it is proposing to consolidate the reporting requirements for organizations in a single amended rule at §3.9011.

The public hearing on these proposals will be held on January 28, 2020 at 1:00 p.m. in the Kester Conference Room at the Office of the Governor, located at 1100 San Jacinto Blvd., Austin, Texas 78701. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing. While any person with pertinent comments or statements will be granted an opportunity to present them during the course of the hearing, the Council reserves the right to restrict statements in terms of time or repetitive content.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Margie Fernandez-Prew, Director of the Council, at (512) 463-1914 or email margie.fernandez-prew@gov.texas.gov.

Written comments regarding the proposals may also be submitted to Margie Fernandez-Prew, Office of the Governor, Texas Crime Stoppers Council, P.O. Box 12428, Austin, Texas 78711 or to txcrimestoppers@gov.texas.gov with the subject line "Council Rules" or "Repeal of Council Rules," as applicable. The deadline for receipt of comments is 5:00 p.m. CST on February 3, 2020.

TRD-202000151

Margie Fernandez-Prew

Director, Crime Stoppers Program

Office of the Governor

Filed: January 15, 2020


Department of State Health Services

Emergency Medical Services Penalty Matrix

Texas Health and Safety Code (Code), Chapter 773 authorizes the Department of State Health Services (department) to regulate emergency medical services (EMS) in this state. The regulatory goals are to protect human health and safety and to ensure standard practices and an environment to protect the citizens of and visitors to Texas when they have a health emergency. To achieve these goals, the department performs routine inspections, complaint investigations, and other regulatory activities.

The department has rulemaking authority under Chapter 773 of the Code to implement the chapter, including the authority to establish health and safety standards for EMS providers and personnel. The department's EMS rules are found at Texas Administrative Code, Title 25, Part 1, Chapter 157, Subchapters A, B, C, and D. Additionally, the department has the authority under Chapter 773 of the Code to revoke, suspend, refuse to renew a license or certificate, reprimand, place on probation, and/or assess administrative penalties to enforce violations of EMS laws and rules.

The department publishes the EMS Penalty Matrix (matrix) to inform the public and the regulated EMS industry about the department's enforcement policies. The penalties set forth in the matrix are created to promote compliance with the EMS statute and rules, promote public confidence in the EMS industry, and deter conduct detrimental to the health and safety of the citizens of and visitors to Texas. The matrix promotes transparency in the department's regulatory efforts to protect Texas consumers, and provides notice of these regulatory standards to the public and the regulated EMS industry. The matrix encourages consistent, uniform, and fair assessment of penalties by the department for violations of the EMS rules promulgated in Texas Administrative Code, Title 25, Part 1, Chapter 157, Subchapters A, B, C, and D. The list of violations in the matrix provides a corresponding citation to the appropriate section of the EMS rules for each violation.

The department has sought and received input from the Governor's EMS and Trauma Advisory Council.

The actual penalty assessed in a particular enforcement case remains within the discretion of the department. In determining the penalty, the department will take into account any aggravating or mitigating factors, and may reduce or increase the penalty.

The department shall consider the following when assessing a penalty: (1) previous violations; (2) the seriousness of the violation; (3) any hazard to the health and safety of the public; (4) the person's demonstrated good faith; and (5) such other matters as justice may require.

The department may offer to settle disputed claims as deemed appropriate through various means including, but not limited to, informal conference, reduced penalties, reduced license sanctions, or other appropriate lawful means, subject to approval of the commissioner, on a case-by-case basis. In addition to the listed penalties, the department may propose License Revocation for egregious or multiple instances of critical violations. All decisions made by the department related to violations of Subchapters A, B, C, or D are based on current circumstances, including extant information and laws.

The matrix may be reviewed and revised. This matrix shall be effective immediately upon publication in the Texas Register and shall supersede the current department procedures for assessing penalties for violations of Texas Administrative Code, Title 25, Chapter 157, Subchapters A, B, C, and D.

157.11 and 157.16 EMS Provider (.pdf)
157.36 Personnel (.pdf)
157.44, 157.43 and 157.32 Educators (.pdf)

TRD-202000154

Barbara L. Klein

General Counsel

Department of State Health Services

Filed: January 15, 2020


Licensing Actions for Radioactive Materials

TRD-202000148

Barbara L. Klein

General Counsel

Department of State Health Services

Filed: January 15, 2020


Licensing Actions for Radioactive Materials

TRD-202000149

Barbara L. Klein

General Counsel

Department of State Health Services

Filed: January 15, 2020


Order Extending the Temporary Scheduling of FUB-AMB

The Acting Administrator of the Drug Enforcement Administration issued a temporary scheduling order to extend the temporary schedule I status of a synthetic cannabinoid methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3-methylbutanoate (other names: FUB-AMB, MMB-FUBINACA, AMB-FUBINACA), including its optical, positional and geometric isomers, salts, and salts of isomers. The schedule I status of FUB-AMB currently is in effect until November 4, 2019. This temporary order will extend the temporary scheduling of FUB-AMB for one year, or until the permanent scheduling action for this substance is completed, whichever occurs first. This order was published in the Federal Register, Volume 84, Number 210, pages 58045-58047, and is effective November 3, 2019.

--Schedule I temporarily listed substances subject to emergency scheduling by the United States Drug Enforcement Administration.

No change.

TRD-202000143

Barbara L. Klein

General Counsel

Department of State Health Services

Filed: January 15, 2020


Texas Department of Housing and Community Affairs

Notice of Public Hearing (Granada Terrace Apartments)

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at the South Houston Branch Library, 607 Avenue A, South Houston, Texas 77587 at 6:00 p.m. on February 24, 2020. The hearing is regarding an issue of tax-exempt bonds in an aggregate principal amount not to exceed $16,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The Bonds will be issued as exempt facility bonds for a qualified residential rental project (the "Development") pursuant to section 142(a)(7) of the Internal Revenue Code of 1986, as amended (the "Code"). The Development will be known as Granada Terrace Apartments and will be located at 1301 Avenue A, South Houston, Harris County, Texas 77587. The initial legal owner and principal user of the Development will be Granada Terrace Apartments, LP, a Texas limited partnership, or a related person or affiliate thereof.

All interested parties are invited to attend such public hearing to express their views with respect to the Development and the issuance of the Bonds. Questions or requests for additional information may be directed to Liz Cline-Rew at the Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, Texas 78711-3941; (512) 475-3227; and/or liz.cline@tdhca.state.tx.us.

Persons who intend to appear at the hearing and express their views are invited to contact Liz Cline-Rew in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Liz Cline-Rew prior to the date scheduled for the hearing. Individuals who require a language interpreter for the public hearing should contact Elena Peinado at (512) 475-3814 at least five days prior to the hearing date so that appropriate arrangements can be made. Personas que hablan español y requieren un intérprete, favor de llamar a Elena Peinado al siguiente número (512) 475-3814 por lo menos cinco días antes de la junta para hacer los preparativos apropiados.

Individuals who require auxiliary aids in order to attend this hearing should contact Liz Cline-Rew, ADA Responsible Employee, at (512) 475-3227 or Relay Texas at (800) 735-2989 at least five days before the hearing so that appropriate arrangements can be made.

This notice is published and the hearing is to be held in satisfaction of the requirements of section 147(f) of the Code.

http://www.tdhca.state.tx.us/multifamily/communities.htm

TRD-202000150

Bobby Wilkinson

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 15, 2020


Notice of Public Hearing (Scott Street Lofts Apartments)

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at the Smith Neighborhood Library, 3624 Scott Street, Houston, Texas 77004 at 6:00 p.m. on February 20, 2020. The hearing is regarding an issue of tax-exempt bonds in an aggregate principal amount not to exceed $18,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The Bonds will be issued as exempt facility bonds for a qualified residential rental project (the "Development") pursuant to section 142(a)(7) of the Internal Revenue Code of 1986, as amended (the "Code"). The Development will be known as Scott Street Lofts Apartments and will be located at 1320 Scott Street, Houston, Harris County, Texas 77003. The initial legal owner and principal user of the Development will be Scott Street Lofts, LP, a Texas limited partnership, or a related person or affiliate thereof.

All interested parties are invited to attend such public hearing to express their views with respect to the Development and the issuance of the Bonds. Questions or requests for additional information may be directed to Liz Cline-Rew at the Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, Texas 78711-3941; (512) 475-3227; and/or liz.cline@tdhca.state.tx.us.

Persons who intend to appear at the hearing and express their views are invited to contact Liz Cline-Rew in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Liz Cline-Rew prior to the date scheduled for the hearing. Individuals who require a language interpreter for the public hearing should contact Elena Peinado at (512) 475-3814 at least five days prior to the hearing date so that appropriate arrangements can be made. Personas que hablan español y requieren un intérprete, favor de llamar a Elena Peinado al siguiente número (512) 475-3814 por lo menos cinco días antes de la junta para hacer los preparativos apropiados.

Individuals who require auxiliary aids in order to attend this hearing should contact Liz Cline-Rew, ADA Responsible Employee, at (512) 475-3227 or Relay Texas at (800) 735-2989 at least five days before the hearing so that appropriate arrangements can be made.

This notice is published and the hearing is to be held in satisfaction of the requirements of section 147(f) of the Code.

http://www.tdhca.state.tx.us/multifamily/communities.htm

TRD-202000152

Bobby Wilkinson

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 15, 2020


Texas Department of Insurance

Company Licensing

Application for Jewelers Mutual Insurance Company, a foreign fire and/or casualty company, to change its name to Jewelers Mutual Insurance Company, SI. The home office is in Neenah, Wisconsin.

Application for Voya Insurance and Annuity Company, a foreign life, accident and/or health company, to change its name to Venerable Insurance and Annuity Company. The home office is in Des Moines, Iowa.

Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Robert Rudnai, 333 Guadalupe Street, MC 103-CL, Austin, Texas 78701.

TRD-202000140

James Person

General Counsel

Texas Department of Insurance

Filed: January 15, 2020


Texas Department of Insurance, Division of Workers' Compensation

FY 2020 Research Agenda for the Workers' Compensation Research and Evaluation Group

General remarks and official action taken:

The commissioner of workers' compensation considers the Fiscal Year (FY) 2020 Research Agenda for the Workers' Compensation Research and Evaluation Group (REG) at the Texas Department of Insurance, Division of Workers' Compensation (DWC).

The Texas Labor Code requires the REG to conduct professional studies and research related to the operational effectiveness of the workers' compensation system, and to annually publish a workers' compensation research agenda.

DWC published the proposed research agenda in the November 29, 2019, issue of the Texas Register (44 TexReg 7466), soliciting public review and comment. DWC received no comments and no requests for a public hearing.

The commissioner adopts the FY 2020 Research Agenda for the Workers' Compensation Research and Evaluation Group, as follows:

1. Completion and publication of the 2020 Workers' Compensation Health Care Network Report Card (required under Insurance Code §1305.502 and Labor Code §405.0025).

2. An update of the 2018 "Setting the Standard," biennial report on the impact of the 2005 legislative reforms to the Texas workers' compensation system. This report presents results on the affordability and availability of workers' compensation insurance for Texas employers, and the impact of certified workers' compensation health care networks on medical costs, quality of care issues, return-to-work outcomes, and medical dispute resolution (required by Insurance Code §2053.012 and Labor Code §405.0025). The report is due on December 1, 2020.

3. An update of the 2018 biennial study to estimate employer participation in the Texas workers' compensation system (required by Insurance Code §2053.012 and Labor Code §405.0025). The report is due on December 1, 2020.

TRD-202000142

Nicholas Canaday III

General Counsel

Texas Department of Insurance, Division of Workers' Compensation

Filed: January 15, 2020


Texas Lottery Commission

Scratch Ticket Game Number 2210 "$100 FRENZY"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2210 is "$100 FRENZY". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2210 shall be $2.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2210.

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

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

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, MONEY BAG SYMBOL, STACK OF CASH SYMBOL, $2.00, $5.00, $10.00, $20.00, $50.00, $100, $500, $1,000 and $30,000.

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

Figure 1: GAME NO. 2210 - 1.2D (.pdf)

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

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

G. Game-Pack-Ticket Number - A fourteen (14) digit number consisting of the four (4) digit game number (2210), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 125 within each Pack. The format will be: 2210-0000001-001.

H. Pack - A Pack of the "$100 FRENZY" Scratch Ticket Game contains 125 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One Ticket will be folded over to expose a front and back of one Ticket on each Pack. Please note the Packs will be in an A, B, C and D configuration..

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "$100 FRENZY" Scratch Ticket Game No. 2210.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "$100 FRENZY" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose twenty-two (22) Play Symbols. If a player matches any of the YOUR NUMBERS Play Symbols to either of the WINNING NUMBERS Play Symbols, the player wins the PRIZE for that number. If the player reveals a "Money Bag" Play Symbol, the player wins DOUBLE the PRIZE for that symbol. If the player reveals a "Stack of Cash" Play Symbol, the player wins $100 instantly! No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly twenty-two (22) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket;

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

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

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

5. The Scratch Ticket shall be intact;

6. The Serial Number and Game-Pack-Ticket Number must be present in their entirety and be fully legible;

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

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

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

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

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

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

13. The Scratch Ticket must be complete and not miscut, and have exactly twenty-two (22) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number and exactly one Game-Pack-Ticket Number on the Scratch Ticket;

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

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

16. Each of the twenty-two (22) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the twenty-two (22) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Game-Pack-Ticket Number must be printed in the Game-Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. A Ticket can win up to ten (10) times in accordance with the approved prize structure.

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

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

D. Each Ticket will have two (2) different WINNING NUMBERS Play Symbols.

E. Non-winning YOUR NUMBERS Play Symbols will all be different.

F. Non-winning Prize Symbols will never appear more than two (2) times.

G. The "Money Bag" (WINX2) and "Stack of Cash" (WIN$100) Play Symbols will never appear in the WINNING NUMBERS Play Symbol spots.

H. The "Money Bag" (WINX2) and "Stack of Cash" (WIN$100) Play Symbols will only appear on winning Tickets as dictated by the prize structure.

I. The $100 Prize Symbol will always appear with the "Stack of Cash" (WIN$100) Play Symbol.

J. Non-winning Prize Symbol(s) will never be the same as the winning Prize Symbol(s).

K. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 05 and $5).

2.3 Procedure for Claiming Prizes.

A. To claim a "$100 FRENZY" Scratch Ticket Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $100 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "$100 FRENZY" Scratch Ticket Game prize of $1,000 or $30,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "$100 FRENZY" Scratch Ticket Game prize, the claimant must sign the winning Scratch Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct the amount of a delinquent tax or other money from the winnings of a prize winner who has been finally determined to be:

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

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

3. in default on a loan guaranteed under Chapter 57, Education Code; or

4. delinquent in child support payments in the amount determined by a court or a Title IV-D agency under Chapter 231, Family Code.

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "$100 FRENZY" Scratch Ticket Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the "$100 FRENZY" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Scratch Ticket Ownership.

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

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

4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 7,200,000 Scratch Tickets in Scratch Ticket Game No. 2210. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2210 - 4.0 (.pdf)

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

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 2210 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Scratch Ticket Game Rules. See 16 TAC §401.302(j).

6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 2210, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-202000129

Bob Biard

General Counsel

Texas Lottery Commission

Filed: January 14, 2020


Public Utility Commission of Texas

Notice of Application for True-Up of 2017 Federal Universal Service Fund Impacts to the Texas Universal Service Fund

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 2, 2020, for true-up of 2017 Federal Universal Service Fund (FUSF) Impacts to the Texas Universal Service Fund (TUSF).

Docket Style and Number: Application of Ganado Telephone Company, Inc. for True Up of 2017 Federal Universal Service Fund Impacts to the Texas Universal Service Fund, Docket Number 50402.

The Application: Ganado Telephone Company, Inc. (Ganado Telephone) filed a true-up report in accordance with Finding of Fact Nos. 16 through 19 of the final Order in Docket No. 47683. In that docket, the Commission determined that the Federal Communications Commission's actions were reasonably projected to reduce the amount that Ganado Telephone received in Federal Universal Service Fund (FUSF) revenue by $216,343 for calendar year 2017. The projected reduction in FUSF revenue was expected to be offset by $62,330 in rate increases that Ganado Telephone has implemented in 2017, and $154,013 from the Texas Universal Service Fund (TUSF). The final Order required a true-up of the actual 2017 revenue reductions. As a result of that true-up, Ganado Telephone now asserts it is due to refund the TUSF in the amount of $126,382.

Persons wishing to intervene or comment on the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 50402.

TRD-202000070

Theresa Walker

Assistant Rules Coordinator

Public Utility Commission of Texas

Filed: January 8, 2020


Notice of Application to Adjust High Cost Support Under 16 TAC §26.407(h)

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 8, 2020, to adjust the high-cost support received from the Small and Rural Incumbent Local Exchange Company Universal Service Plan without effect to current rates.

Docket Title and Number: Application of Cap Rock Telephone Cooperative, Inc. to Adjust High Cost Support under 16 Texas Administrative Code (TAC) §26.407(h), Docket Number 50416.

Cap Rock Telephone Cooperative, Inc. requests a high-cost support adjustment increase of $547,522. The requested adjustment complies with the cap of 140% of the annualized support the provider received in the 12 months prior to the filing of the application, as required by 16 TAC §26.407(g)(1).

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at (888) 782-8477 as a deadline to intervene may be imposed. Hearing and speech‑impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 50416.

TRD-202000086

Andrea Gonzalez

Rules Coordinator

Public Utility Commission of Texas

Filed: January 10, 2020


Supreme Court of Texas

Order Amending Texas Rule of Civil Procedure 277

TRD-202000071

Jaclyn Daumerie

Rules Attorney

Supreme Court of Texas

Filed: January 8, 2020


Order Amending Texas Rules of Civil Procedure 116 and 117

TRD-202000141

Jaclyn Daumerie

Rules Attorney

Supreme Court of Texas

Filed: January 15, 2020


Texas Department of Transportation

Aviation Division - Request for Qualifications (RFQ) for Professional Engineering Services

The City of Uvalde, through its agent, the Texas Department of Transportation (TxDOT), intends to engage a professional engineering firm for services pursuant to Chapter 2254, Subchapter A, of the Texas Government Code. TxDOT Aviation Division will solicit and receive qualification statements for the current aviation project as described below.

Current Project: City of Uvalde; TxDOT CSJ No.: 2015UVLDE.

The TxDOT Project Manager is Robert Johnson, P.E.

Scope: Provide engineering and design services, including construction administration, to expand terminal apron.

The Agent, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§2000d to 2000d-4) and the Regulations, hereby notifies all respondents that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

The proposed contract is subject to 49 CFR Part 26 concerning the participation of Disadvantaged Business Enterprises (DBE).

The DBE goal for the design phase of the current project is 19%. The goal will be re-set for the construction phase.

Utilizing multiple engineering/design and construction grants over the course of the next five years, future scope of work items at the Garner Field may include the following: runway rehabilitation and markings, taxiway rehabilitation and markings, construct taxiway for hangar access.

The City of Uvalde reserves the right to determine which of the services listed above may or may not be awarded to the successful firm and to initiate additional procurement action for any of the services listed above.

To assist in your qualification statement preparation, the criteria, project diagram, and most recent Airport Layout Plan are available online at http://www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting "Garner Field." The qualification statement should address a technical approach for the current scope only. Firms shall use page 4, Recent Airport Experience, to list relevant past projects.

AVN-550 Preparation Instructions:

Interested firms shall utilize the latest version of Form AVN-550, titled "Qualifications for Aviation Architectural/Engineering Services." The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, (800) 68- PILOT (74568). The form may be emailed by request or downloaded from the TxDOT website at http://www.txdot.gov/inside-txdot/division/aviation/projects.html. The form may not be altered in any way. Firms must carefully follow the instructions provided on each page of the form. Qualifications shall not exceed the number of pages in the AVN- 550 template. The AVN-550 consists of eight pages of data plus one optional illustration page. A prime provider may only submit one AVN-550. If a prime provider submits more than one AVN-550, or submits a cover page with the AVN-550, that provider will be disqualified. Responses to this solicitation WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed above. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is a PDF Template.

The completed Form AVN-550 must be received in the TxDOT Aviation eGrants system no later than February 18, 2020, 11:59 p.m. Electronic facsimiles or forms sent by email or regular/overnight mail will not be accepted.

Firms that wish to submit a response to this solicitation must be a user in the TxDOT Aviation eGrants system no later than one business day before the solicitation due date. To request access to eGrants, please complete the Contact Us web form located at http://txdot.gov/government/funding/egrants-2016/aviation.html.

An instructional video on how to respond to a solicitation in eGrants is available at http://txdot.gov/government/funding/egrants-2016/aviation.html.

Step by step instructions on how to respond to a solicitation in eGrants will also be posted in the RFQ packet at http://www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm.

The consultant selection committee will be composed of local government representatives. The final selection by the committee will generally be made following the completion of review of AVN-550s. The committee will review all AVN-550s and rate and rank each. The Evaluation Criteria for Engineering Qualifications can be found at http://www.txdot.gov/inside-txdot/division/aviation/projects.html under Information for Consultants. All firms will be notified and the top-rated firm will be contacted to begin fee negotiations for the design and bidding phases. The selection committee does, however, reserve the right to conduct interviews for the top-rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.

Please contact TxDOT Aviation for any technical or procedural questions at (800) 68- PILOT (74568). For procedural questions, please contact Ann Pinder, Grant Manager. For technical questions, please contact Robert Johnson, P.E., Project Manager.

For questions regarding responding to this solicitation in eGrants, please contact the TxDOT Aviation help desk at (800) 687-4568 or avn-egrantshelp@txdot.gov.

TRD-202000084

Becky Blewett

Deputy General Counsel

Texas Department of Transportation

Filed: January 10, 2020


Aviation Division - Request for Qualifications (RFQ) for Professional Engineering Services

The City of Kerrville and Kerr County, through their agent, the Texas Department of Transportation (TxDOT), intend to engage a professional engineering firm for services pursuant to Chapter 2254, Subchapter A, of the Texas Government Code. TxDOT Aviation Division will solicit and receive qualification statements for the current aviation project as described below.

Current Project: City of Kerrville and Kerr County; TxDOT CSJ No.: 18HGKERRV. The TxDOT Project Manager is Ed Mayle.

Scope: Provide engineering and design services, including construction administration, to construct 10 - 12-unit hangar with associated pavement and hangar pavement markings.

The Agent, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§2000d to 2000d-4) and the Regulations, hereby notifies all respondents that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

The proposed contract is subject to 49 CFR Part 26 concerning the participation of Disadvantaged Business Enterprises (DBE).

The DBE goal for the design phase of the current project is 16%. The goal will be re-set for the construction phase.

Utilizing multiple engineering/design and construction grants over the course of the next five years, future scope of work items at the Kerrville Municipal/Louis Schreiner Field may include pavement rehabilitation and pavement markings.

The City of Kerrville and Kerr County reserve the right to determine which of the services listed above may or may not be awarded to the successful firm and to initiate additional procurement action for any of the services listed above.

To assist in your qualification statement preparation, the criteria, project diagram, and most recent Airport Layout Plan are available online at http://www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting "Kerrville Municipal/Louis Schreiner Field." The qualification statement should address a technical approach for the current scope only. Firms shall use page 4, Recent Airport Experience, to list relevant past projects.

AVN-550 Preparation Instructions:

Interested firms shall utilize the latest version of Form AVN-550, titled "Qualifications for Aviation Architectural/Engineering Services." The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, (800) 68- PILOT (74568). The form may be emailed by request or downloaded from the TxDOT website at http://www.txdot.gov/inside-txdot/division/aviation/projects.html. The form may not be altered in any way. Firms must carefully follow the instructions provided on each page of the form. Qualifications shall not exceed the number of pages in the AVN- 550 template. The AVN-550 consists of eight pages of data plus one optional illustration page. A prime provider may only submit one AVN-550. If a prime provider submits more than one AVN-550, or submits a cover page with the AVN-550, that provider will be disqualified. Responses to this solicitation WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed above. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is a PDF Template.

The completed Form AVN-550 must be received in the TxDOT Aviation eGrants system no later than February 14, 2020, 11:59 p.m. Electronic facsimiles or forms sent by email or regular/overnight mail will not be accepted.

Firms that wish to submit a response to this solicitation must be a user in the TxDOT Aviation eGrants system no later than one business day before the solicitation due date. To request access to eGrants, please complete the Contact Us web form located at http://txdot.gov/government/funding/egrants-2016/aviation.html.

An instructional video on how to respond to a solicitation in eGrants is available at http://txdot.gov/government/funding/egrants-2016/aviation.html.

Step by step instructions on how to respond to a solicitation in eGrants will also be posted in the RFQ packet at http://www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm.

The consultant selection committee will be composed of local government representatives. The final selection by the committee will generally be made following the completion of review of AVN-550s. The committee will review all AVN-550s and rate and rank each. The Evaluation Criteria for Engineering Qualifications can be found at http://www.txdot.gov/inside-txdot/division/aviation/projects.html under Information for Consultants. All firms will be notified and the top-rated firm will be contacted to begin fee negotiations for the design and bidding phases. The selection committee does, however, reserve the right to conduct interviews for the top-rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.

Please contact TxDOT Aviation for any technical or procedural questions at (800) 68- PILOT (74568). For procedural questions, please contact Ann Pinder, Grant Manager. For technical questions, please contact Ed Mayle, Project Manager.

For questions regarding responding to this solicitation in eGrants, please contact the TxDOT Aviation help desk at (800) 687-4568 or avn-egrantshelp@txdot.gov.

TRD-202000122

Becky Blewett

Deputy General Counsel

Texas Department of Transportation

Filed: January 13, 2020


Texas Water Development Board

Applications for December 2019

Pursuant to Texas Water Code §6.195, the Texas Water Development Board provides notice of the following applications:

Project ID #21785, a request from the Sandy Land Underground Water Conservation District, P.O. Box 130, Plains, Texas 79355-0130, received on December 11, 2019, for $725,000 in financial assistance from the Agricultural Water Conservation grant for approximately 10 water conserving irrigation systems.

Project ID #73880, a request from the Glidden Fresh Water Supply District No. 1, 200 Clayborne Street, Glidden, Texas 78943, received on December 30, 2019, for $1,368,812 in financial assistance from the Clean Water State Revolving Fund to replace aging sewer lines.

Project ID #62886, a request from the City of Blanco, P.O. Box 750, Blanco, Texas 78606-0750, received on December 30, 2019, for $6,550,000 in financial assistance from the Drinking Water State Revolving Fund to refurbish and modernize the wastewater treatment process while treating THM concentration issues, flood proofing/raising facilities above 100 year flood event level, obtain new TCEQ discharge permit, and demolish abandoned components.

Project ID #21786, a request from Texins Lake, 137 Gateway Road, Pottsboro, Texas 75076, received on December 30, 2019, for $300,000 in financial assistance from the Texas Water Development Fund to drill new water well and connect to existing system.

Project ID #73881, a request from the North Texas Municipal Water District, 501 East Brown Street, Wylie, Texas 75098-4406, received on December 31, 2019, for $75,470,000 in financial assistance from the Clean Water State Revolving Fund for Rowlett Creek Regional Wastewater Treatment Plant expansion project.

TRD-202000078

Todd Chenoweth

General Counsel

Texas Water Development Board

Filed: January 9, 2020