IN ADDITION

Office of the Attorney General

Texas Water Code and Texas Health and Safety Code Settlement Notice

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

Case Title and Court: Harris County, Texas, and the State of Texas, acting by and through the Texas Commission on Environmental Quality, a Necessary and Indispensable Party v. Webb & Webb Construction, LLC d/b/a Eagle Construction; Cause No. 2017-57031, in the 113th Judicial District, Harris County, Texas.

Nature of the Suit: Defendant Webb & Webb Construction, LLC, engages in construction activities, including land-clearing operations, throughout Harris County, Texas. Harris County initiated suit alleging that between 2015 and 2017, Defendant's unauthorized outdoor burning of tree debris and improper use of air curtain incinerators (ACIs) to burn brush in its land-clearing projects had resulted in ash and other air contaminants going off-site, creating nuisance conditions, in violation of the Texas Clean Air Act and rules promulgated by the Texas Commission on Environmental Quality (TCEQ). The State of Texas, on behalf of the TCEQ, joined the suit as a necessary and indispensable party.

Proposed Settlement: The proposed Agreed Final Judgment includes injunctive relief that orders Defendant to immediately cease the discharge of ash and other air contaminants from unauthorized outdoor burning and noncompliant ACI use; and implement training and proper operational procedures for ACI use and outdoor burning. The proposed settlement also assesses against Defendant civil penalties in the amount of $30,000 to be equally divided between Harris County and the State; and attorney's fees in the amount of $3,750 each to Harris County and the State; and court costs.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement, should be directed to Phillip Ledbetter, Assistant Attorney General, Office of the Attorney General, P.O. Box 12548, MC 066, Austin, Texas 78711-2548, phone (512) 463-2012, facsimile (512) 320-0911, or email: phillip.ledbetter@oag.texas.gov. Written comments must be received within 30 days of publication of this notice to be considered.

TRD-202200630

Austin Kinghorn

General Counsel

Office of the Attorney General

Filed: February 22, 2022


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. 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. Surjit Singh Walia; Cause No. D-1-GN-20-002584; in the 459th Judicial District Court, Travis County, Texas.

Background: Defendant Surjit Singh Walia is the owner of a former gas station located at 7918 Highway 6, Hitchcock, Galveston County, Texas (the "Site"). The Site has been the subject of an administrative order issued by the Texas Commission on Environmental Quality ("TCEQ") for improper maintenance and operation of underground petroleum storage tanks ("USTs") located beneath its surface. Specifically, Defendant failed to properly register the USTs and improperly removed the USTs from service without conducting a site assessment to determine whether or not a release of any regulated substance had occurred. On May 11, 2020, the State filed suit to enforce the order and State laws regulating USTs, which prompted Defendant to begin complying with the order and perform a site assessment. After reviewing the Defendant's release determination report, the TCEQ determined that a release of regulated substance had occurred at the Site. Defendant continues to work with TCEQ to remediate the Site and ensure that the Site is properly closed in accordance with State law and TCEQ rules.

Proposed Settlement: The Agreed Final Judgment and Permanent Injunction orders Defendant to continue remediating the Site in accordance with State law and TCEQ rules and provides for an award to the State of $13,000 in civil penalties and $5,000 in attorney's fees.

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

TRD-202200628

Austin Kinghorn

General Counsel

Office of the Attorney General

Filed: February 22, 2022


Texas Water Code Settlement Notice

The State of Texas ("State") gives notice of the following proposed resolution of an environmental enforcement action under the Texas Water 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. Liberty Materials, Inc.; Cause No. D-1-GN-20-006780 in the 201st Judicial District Court, Travis County, Texas.

Background: Defendant Liberty Materials, Inc. ("Liberty") owns and operates a surface sand mining operation at 19515 Moorhead Road, Conroe, Montgomery County, Texas (the "Facility"). Liberty registered the Facility with the Texas Commission on Environmental Quality ("TCEQ") as an active aggregate production operation that primarily produces industrial sand. The Facility contains an active mining area, processing plant, multiple process and settling ponds for wastewater, and multiple stormwater ponds. The State filed suit against Liberty for the unauthorized discharge of wastewater into the West Fork of the San Jacinto River due to a breach of a berm surrounding a process pond in November 2019, in violation of the Texas Water Code and the rules promulgated by the TCEQ.

Proposed Settlement: Without an admission of fault or liability by Liberty to any of the alleged violations of any statute, regulation, or rule as described in the State's Original Petition, the parties propose an Agreed Final Judgment which provides for an award to the State of $30,000 in civil penalties and $5,000 in attorney's fees.

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

TRD-202200629

Austin Kinghorn

General Counsel

Office of the Attorney General

Filed: February 22, 2022


State Bar of Texas

Committee on Disciplinary Rules and Referenda Proposed Rule Changes Texas Disciplinary Rules of Professional Conduct Rules 1.00 Terminology, 1.09 Conflict of Interest: Former Client, 1.10 Conflict of Interest: General Rule, 3.09 Special Responsibilities of a Prosecutor

(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figure is not included in the print version of the Texas Register. The figure is available in the on-line version of the March 4, 2022, issue of the Texas Register.)

TRD-202200611

Andrea Low

Disciplinary Rules and Referenda Attorney

State Bar of Texas

Filed: February 22, 2022


Comptroller of Public Accounts

Certification of the Average Closing Price of Gas and Oil - January 2022

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 January 2022 is $53.54 per barrel for the three-month period beginning on October 1, 2021, and ending December 31, 2021. Therefore, pursuant to Tax Code, §202.058, oil produced during the month of January 2022, from a qualified low-producing oil lease, is not eligible for 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 January 2022 is $3.50 per mcf for the three-month period beginning on October 1, 2021, and ending December 31, 2021. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of January 2022, from a qualified low-producing well, is eligible for a 25% 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 January 2022 is $82.98 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 January 2022, 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 January 2022 is $4.26 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 January 2022, from a qualified low-producing gas well.

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

TRD-202200645

William Hamner

Special Counsel for Tax Administration

Comptroller of Public Accounts

Filed: February 22, 2022


Concho Valley Workforce Development Board

Request for Qualifications/Quotations: Request for Proposal (RFP) Evaluators

DATE: February 22, 2022

SUBMIT QUOTES TO: Executive Director Yolanda Sanchez

ysanchez@cvworkforce.org

36 East Twohig Ste 805

San Angelo, Texas 76903

(325) 703-2451

Responses must be submitted in writing via mail, in person, or email.

SUBMISSION DATE: Responses must be received in our office by 5:00 p.m. on March 29, 2022. Responses received after the deadline above will not be considered. Timely delivery is the sole responsibility of the proposer.

The Concho Valley Workforce Development Board is soliciting qualifications and quotations from independent evaluators to review and score proposals received by the Board for Workforce and Child Care Services to include Workforce Innovation and Opportunity Act, Temporary Assistance for Needy Families-CHOICES, Supplemental Nutrition Assistance Program, Business Services, Reemployment Services, Trade Adjustment Assistance, and Child Care Services. The intent of the RFP is to select one sub-recipient to manage and operate the Workforce Center and programs with a contract beginning October 1, 2022.

Website to obtain Bid package: https://cvworkforce.org/bids.aspx?bidID=14

TRD-202200627

Yolanda Sanchez

Executive Director

Concho Valley Workforce Development Board

Filed: February 22, 2022


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009 and 304.003, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 02/28/22 - 03/06/22 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 02/28/22 - 03/06/22 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 03/01/22 - 03/31/22 is 5.00% for Consumer/Agricultural/Commercial credit through $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 03/01/22 - 03/31/22 is 5.00% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-202200648

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: February 22, 2022


Texas Education Agency

Public Notice Announcing the Availability of the Proposed Texas Individuals with Disabilities Education Improvement Act of 2004 (IDEA) Eligibility Document: State Policies and Procedures

Purpose and Scope of the Part B Federal Fiscal Year (FFY) 2021 State Application and its Relation to Part B of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA Part B). The Texas Education Agency (TEA) is inviting public comment on its Proposed State Application under IDEA Part B. The annual grant application provides assurances that the state's policies and procedures in effect are consistent with the federal requirements to ensure that a free appropriate public education is made available to all children with a disability from 3 to 21 years of age, including children who have been suspended or expelled from school. 34 Code of Federal Regulations §300.165 requires that states conduct public hearings, ensure adequate notice of those hearings, and provide an opportunity for public comment, including comment from individuals with disabilities and parents of children with disabilities, before adopting policies and procedures.

Availability of the State Application. The Proposed State Application is available on the TEA website at http://www.tea.state.tx.us/index2.aspx?id=2147493812. Instructions for submitting public comments are available from the same site. The Proposed State Application will also be available at the 20 regional education service centers and at the TEA Library (Ground Floor, Room G-102), William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Parties interested in reviewing the Proposed State Application at the William B. Travis location should contact the TEA Department of Special Education Programs at (512) 463-9414.

Procedures for Submitting Written Comments. TEA will accept written comments pertaining to the Proposed State Application by mail to TEA, Department of Special Education Programs, 1701 North Congress Avenue, Austin, Texas 78701-1494 or by email to spedrule@tea.texas.gov.

Participation in Public Hearings. TEA will provide individuals with opportunities to testify on the Proposed State Application and the state's policies and procedures for implementing IDEA Part B, on April 7, 2022, and April 8, 2022, between 8:30 a.m. and 11:30 a.m. remotely via Zoom Meeting at the following links: April 7 https://us02web.zoom.us/j/84889911259; April 8 https://us02web.zoom.us/j/85087130943. The public may attend one or both hearings. Sign-in will begin at 8:30 a.m. and close at 9:00 a.m. for each hearing. Anyone wishing to testify at one of the hearings must sign in between 8:30 a.m. and 9:00 a.m. on the day of the respective hearing. Each hearing will begin at 9:00 a.m. and continue until those who have signed in have been given the opportunity to comment. Each individual's comments are limited to three minutes, and each individual may comment only once. Both hearings will be recorded and made available publicly. Parties interested in testifying are encouraged to also include written testimony. Public hearing information is available on the TEA website at http://www.tea.state.tx.us/index2.aspx?id=2147493812.

Timetable for Submitting the State Application. After review and consideration of all public comments, TEA will make necessary or appropriate modifications and will submit the State Application to the U.S. Department of Education on or before May 20, 2022.

For more information, contact the TEA Department of Special Education Programs by mail at 1701 North Congress Avenue, Austin, Texas 78701; by telephone at (512) 463-9414; by fax at (512) 463-9560; or by email at spedrule@tea.texas.gov.

Issued in Austin, Texas, on February 23, 2022.

TRD-202200652

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: February 23, 2022


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 April 4, 2022. 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 April 4, 2022. 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: City of Littlefield; DOCKET NUMBER: 2021-0672-PWS-E; IDENTIFIER: RN101258994; LOCATION: Littlefield, Lamb County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.45(b)(1)(B)(iii) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide two or more service pumps having a total capacity of 2.0 gallons per minute per connection; 30 TAC §290.45(b)(1)(B)(iv) and THSC, §341.0315(c), by failing to provide a pressure tank capacity of 20 gallons per connection; 30 TAC §290.46(d)(2)(A) and §290.110(b)(4) and THSC, §341.0315(c), by failing to maintain a disinfectant residual of at least 0.2 milligrams per liter of free chlorine throughout the distribution system at all times; 30 TAC §290.46(n)(2), by failing to make available an accurate and up-to-date map of the distribution system so that valves and mains can be easily located during emergencies; and 30 TAC §290.110(c)(4)(B), by failing to monitor the disinfectant residual at representative locations in the distribution system at least once per day; PENALTY: $8,118; ENFORCEMENT COORDINATOR: Julianne Matthews, (817) 588-5861; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(2) COMPANY: Copano Processing LLC; DOCKET NUMBER: 2021-0865-AIR-E; IDENTIFIER: RN101271419; LOCATION: Sheridan, Colorado County; TYPE OF FACILITY: oil and gas processing plant; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(c), and 122.143(4), New Source Review Permit Numbers 56613, PSDTX706, and PSDTX709M1, Special Conditions Number 1, Federal Operating Permit Number O807, General Terms and Conditions and Special Terms and Conditions Number 8, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $25,000; ENFORCEMENT COORDINATOR: Toni Red, (512) 239-1704; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) COMPANY: David Lee Sheffield dba Texas Landing Utilities; DOCKET NUMBER: 2021-0811-PWS-E; IDENTIFIER: RN101210037; LOCATION: Livingston, Polk 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 of 5 picoCuries per liter for combined radium-226 and -228 based on the running annual average; 30 TAC §290.117(f)(3)(A), by failing to submit a recommendation to the executive director (ED) for optimal corrosion control treatment within six months after the end of the January 1, 2020 - June 30, 2020, monitoring period during which the lead action level was exceeded; and 30 TAC §290.117(g)(2)(A), by failing to submit a recommendation to the ED for source water treatment within 180 days after the end of the January 1, 2020 - June 30, 2020, monitoring period during which the lead action level was exceeded; PENALTY: $2,825; ENFORCEMENT COORDINATOR: Julianne Matthews, (817) 588-5861; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(4) COMPANY: FARMERS TRANSPORT, INCORPORATED; DOCKET NUMBER: 2021-0907-PWS-E; IDENTIFIER: RN101458610; LOCATION: Port Alto, Calhoun County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.45(b)(1)(C)(ii) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection; 30 TAC §290.45(b)(1)(C)(iii) and THSC, §341.0315(c), by failing to provide two or more service pumps having a total capacity of 2.0 gallons per minute per connection at each pump station or pressure plane; and 30 TAC §290.45(b)(1)(C)(iv) and THSC, §341.0315(c), by failing to provide a pressure tank capacity of 20 gallons per connection; PENALTY: $3,250; ENFORCEMENT COORDINATOR: Ryan Byer, (512) 239-2571; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(5) COMPANY: Georgia-Pacific Wood Products LLC; DOCKET NUMBER: 2021-0981-AIR-E; IDENTIFIER: RN100217744; LOCATION: Pineland, Sabine County; TYPE OF FACILITY: wood manufacturing; RULES VIOLATED: 30 TAC §§101.20(3), 111.111(a)(1)(B), 116.115(c), and 122.143(4), New Source Review Permit Numbers 1037 and PSDTX924M2, Special Conditions Number 7, Federal Operating Permit (FOP) Number O2407, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 9, and Texas Health and Safety Code (THSC), §382.085(b), by failing to prevent an excess opacity event; and 30 TAC §101.201(e) and §122.143(4), FOP Number O2407, GTC and STC Number 2.F, and THSC, §382.085(b), by failing to submit an initial notification no later than 24 hours after the discovery of an excess opacity event; PENALTY: $6,975; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $2,790; ENFORCEMENT COORDINATOR: Kate Dacy, (512) 239-4593; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(6) COMPANY: HOCHHEIM PRAIRIE HERMANN SONS HALL ASSOCIATION; DOCKET NUMBER: 2021-1010-PWS-E; IDENTIFIER: RN105777411; LOCATION: Yoakum, DeWitt County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(b)(1) and (e)(3), by failing to provide continuous and effective disinfection that can be secured under all conditions; 30 TAC §290.42(g), by failing to obtain an exception, in accordance with 30 TAC §290.39(l), prior to using innovative/alternate treatment processes; 30 TAC §290.46(s)(1), by failing to calibrate the facility's well meter at least once every three years; and 30 TAC §290.110(c)(4)(A), by failing to monitor the disinfectant residual at representative locations throughout the distribution system at least once every seven days; PENALTY: $2,426; ENFORCEMENT COORDINATOR: Aaron Vincent, (512) 239-0855; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(7) COMPANY: NEW MUBIN, LLC dba Star Stop 6; DOCKET NUMBER: 2021-0829-PST-E; IDENTIFIER: RN101728624; LOCATION: Orange, Orange County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (B), and (2) and TWC, §26.3475(c)(1) and (b), by failing to monitor the underground storage tanks (USTs) installed prior to January 1st, 2009, for releases at a frequency of at least once every 30 days, and failing to monitor the USTs and the associated piping installed on or after January 1st, 2009, in a manner which will detect releases at a frequency of at least once every 30 days by using interstitial monitoring; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Tyler Richardson, (512) 756-3994; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(8) COMPANY: Patton Springs Independent School District; DOCKET NUMBER: 2021-0292-PWS-E; IDENTIFIER: RN101229169; LOCATION: Afton, Dickens County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(b)(1) and (e)(3), by failing to provide disinfection facilities for the groundwater supply for the purpose of microbiological control and distribution protection; 30 TAC §290.46(n)(1), by failing to maintain at the public water system accurate and up-to-date detailed as-built plans or record drawings and specifications for each treatment plant, pump station, and storage tank until the facility is decommissioned; and 30 TAC §290.46(n)(3), by failing to keep on file copies of well completion data as defined in 30 TAC §290.41(c)(3)(A) for as long as the well remains in service; PENALTY: $2,000; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $1,600; ENFORCEMENT COORDINATOR: Julianne Matthews, (817) 588-5861; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(9) COMPANY: Texas Health and Human Services Commission; DOCKET NUMBER: 2020-0249-MWD-E; IDENTIFIER: RN101523595; LOCATION: Vernon, Wilbarger County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0010651001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $26,500; ENFORCEMENT COORDINATOR: Mark Gamble, (512) 239-2587; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(10) COMPANY: ZIO INVESTMENTS, LLC; DOCKET NUMBER: 2021-0511-MLM-E; IDENTIFIER: RN101874683; LOCATION: Orange, Orange County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.41(c)(1)(F), by failing to obtain sanitary control easements covering land within 150 feet of the facility's well; 30 TAC §290.41(c)(3)(J), by failing to provide the well with a concrete sealing block that extends a minimum of three feet from the well casing in all directions, with a minimum thickness of six inches and sloped to drain away from the wellhead at not less than 0.25 inches per foot; 30 TAC §§290.41(c)(3)(O), 290.42(m), and 290.43(e), by failing to protect the facility's well units, each water treatment plant and all appurtenances, potable water storage tanks, and pressure maintenance facilities with an intruder-resistant fence with a lockable gate or enclose the well units in a locked and ventilated well house with lockable gates; 30 TAC §290.42(e)(5), by failing to house the hypochlorination solution containers and pumps in a secure enclosure to protect them from adverse weather conditions and vandalism; 30 TAC §290.44(h)(1)(A), by failing to ensure additional protection was provided at any residence or establishment where an actual or potential contamination hazard exists in the form of a pressure vacuum breaker or a backflow prevention assembly, as identified in 30 TAC §290.47(f); 30 TAC §290.45(d)(2)(B)(ii) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide a minimum ground storage capacity which is equal to 50% of the maximum daily demand (MDD); 30 TAC §290.45(d)(2)(B)(iii) and THSC, §341.0315(c), by failing to provide at least one service pump with a capacity of three times the MDD; 30 TAC §290.45(d)(2)(B)(v) and THSC, §341.0315(c), by failing to provide a minimum pressure tank capacity of 220 gallons with additional capacity, if necessary; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.46(n)(1), by failing to maintain at the facility accurate and up-to-date detailed as-built plans or record drawings and specifications for each treatment plant, pump station, and storage tank until the facility is decommissioned; and 30 TAC §334.50(b)(1)(B) and (2)(A)(iii) and TWC, §26.3475(a) and (c)(1), by failing to monitor the underground storage tank and the associated pressurized piping in a manner which will detect a release at a frequency of at least once every 30 days by using interstitial monitoring for tanks installed or pressurized piping installed or replaced, on or after January 1st, 2009; PENALTY: $16,920; ENFORCEMENT COORDINATOR: Steven Hall, (512) 239-2569; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

TRD-202200619

Gitanjali Yadav

Acting Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: February 22, 2022


Enforcement Orders

An agreed order was adopted regarding Alfredo Galvan, Docket No. 2020‑1407‑AIR‑E on February 22, 2022 assessing $1,250 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Cynthia Sirois, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

TRD-202200646

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 22, 2022


Enforcement Orders

A default order was adopted regarding Thirsty Parrot, LLC, Docket No. 2019‑0200‑PWS‑E on February 23, 2022, assessing $820 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting John S. Merculief II, 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 YGRIEGA ENVIRONMENTAL SERVICES, LLC, Docket No. 2019‑1579‑MSW‑E on February 23, 2022, assessing $20,039 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Clayton Smith, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding MAUKA WATER, LTD., Docket No. 2020‑0700‑PWS‑E on February 23, 2022, assessing $937 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Judith Bohr, 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 Liberty Hill, Docket No. 2021‑0162‑MWD‑E on February 23, 2022, assessing $26,250 in administrative penalties with $5,250 deferred. Information concerning any aspect of this order may be obtained by contacting Caleb Olson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Total Petrochemicals & Refining USA, Inc., Docket No. 2021‑0219‑AIR‑E on February 23, 2022, assessing $19,092 in administrative penalties with $3,818 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 Veolia ES Technical Solutions, L.L.C, Docket No. 2021‑0233‑AIR‑E on February 23, 2022, assessing $8,550 in administrative penalties with $1,710 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 RAJU SHORT STOP INC, Docket No. 2021‑0271‑PST‑E on February 23, 2022, assessing $9,000 in administrative penalties with $1,800 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 the City of Tahoka, Docket No. 2021‑0329‑PWS‑E on February 23, 2022, assessing $5,200 in administrative penalties with $4,000 deferred. Information concerning any aspect of this order may be obtained by contacting Ecko Beggs, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Miller Family Services, Inc., Docket No. 2021‑0367‑AIR‑E on February 23, 2022, assessing $8,752 in administrative penalties with $1,750 deferred. Information concerning any aspect of this order may be obtained by contacting Margarita Dennis, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding ASPK PROPERTIES LLC dba Big Z Food Mart, Docket No. 2021‑0453‑PST‑E on February 23, 2022, assessing $40,999 in administrative penalties with $8,199 deferred. Information concerning any aspect of this order may be obtained by contacting Courtney Gooris, 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 Justin, Docket No. 2021‑0567‑MWD‑E on February 23, 2022, assessing $17,187 in administrative penalties with $3,437 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.

TRD-202200653

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 23, 2022


Notice of Hearing on Rhino Ready Mix, LLC: SOAH Docket No. 582-22-1468; TCEQ Docket No. 2021-1465-AIR; Registration No. 162413

APPLICATION.

Rhino Ready Mix, LLC, 6638 Madden Lane, Houston, Texas 77048-2203, has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit, Registration No. 162413, which would authorize construction of a permanent concrete batch plant located at 9230 Winfield Road, Houston, Harris County, Texas 77050. As a public courtesy, we have provided the following Web page to an online map of the site or the facility's general location. The online map is not part of the application or the notice: https://tceq.maps.arcgis.com/apps/webappviewer/index.html?id=db5bac44afbc468bbddd360f8168250f&marker=-95.255555%2C29.898888&level=12. For the exact location, refer to the application. The proposed facility will emit the following air contaminants: particulate matter including (but not limited to) aggregate, cement, road dust, and particulate matter with diameters of 10 microns or less and 2.5 microns or less. This application was submitted to the TCEQ on August 18, 2020.

The TCEQ Executive Director has determined that the application meets all of the requirements of a standard permit authorized by 30 Texas Administrative Code (TAC) §116.611, which would establish the conditions under which the plant must operate. The Executive Director has made a preliminary decision to issue the registration because it meets all applicable rules. The application, executive director's preliminary decision, and standard permit are available for viewing and copying at the TCEQ central office, the TCEQ Houston regional office, and the High Meadows Branch Library, 4500 Aldine Mail Route, Houston, Harris County, Texas. If the public viewing place is closed the application may be viewed at the following weblink: https://www.aarcenv.com/Shares/Rhino-Ready-Mix-Air-Permit-Application-and-Submissions.pdf. The facility's compliance file, if any exists, is available for public review at the TCEQ Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas. Visit www.tceq.texas.gov/goto/cbp to review the standard permit.

CONTESTED CASE HEARING.

Considering directives to protect public health, the State Office of Administrative Hearings (SOAH) will conduct a preliminary hearing via Zoom videoconference. A Zoom meeting is a secure, free meeting held over the internet that allows video, audio, or audio/video conferencing.

10:00 a.m. - April 4, 2022

To join the Zoom meeting via computer:

https://soah-texas.zoomgov.com/

Meeting ID: 161 700 0468

Password: Prelim22

or

To join the Zoom meeting via telephone:

(669) 254-5252 or (646) 828-7666

Meeting ID: 161 700 0468

Password: 74676404

Visit the SOAH website for registration at: http://www.soah.texas.gov/

or call SOAH at (512) 475-4993.

The purpose of a preliminary hearing is to establish jurisdiction, name the parties, establish a procedural schedule for the remainder of the proceeding, and to address other matters as determined by the judge. The evidentiary hearing phase of the proceeding, which will occur at a later date, will be similar to a civil trial in state district court. The hearing will address the disputed issues of fact identified in the TCEQ order concerning this application issued on December 21, 2021. In addition to these issues, the judge may consider additional issues if certain factors are met.

The hearing will be conducted in accordance with the Chapter 2001, Texas Government Code; Chapter 382, Texas Health and Safety Code; TCEQ rules including 30 Texas Administrative Code (TAC) Chapter 116, Subchapters A and B; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155. The hearing will be held unless all timely hearing requests have been withdrawn or denied.

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

MAILING LIST.

You may ask to be placed on a mailing list to obtain additional information on this application by sending a request to the Office of the Chief Clerk at the address below.

AGENCY CONTACTS AND INFORMATION.

Public comments and requests must be submitted either electronically at www.tceq.texas.gov/agency/decisions/cc/comments.html, or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. If you communicate with the TCEQ electronically, please be aware that your email address, like your physical mailing address, will become part of the agency's public record. For more information about this permit application, the permitting process, or the contested case hearing process, please call the Public Education Program toll free at (800) 687‑4040. Si desea información en español, puede llamar al (800) 687-4040. General information regarding the TCEQ may be obtained electronically at www.tceq.texas.gov

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

INFORMATION.

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

Persons with disabilities who need special accommodations at the hearing should call the SOAH Docketing Department at (512) 475-4993, at least one week prior to the hearing.

Further information may also be obtained from Rhino Ready Mix, LLC at the address stated above or by calling Mr. Akash Kansal, Environmental Specialist, AARC Environmental, Inc. at (713) 974-2272.

Issued: February 16, 2022

TRD-202200573

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 16, 2022


Notice of Opportunity to Comment on a Default 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 Default Order (DO). 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 April 4, 2022. 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 the 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 April 4, 2022. Comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The commission's attorney is available to discuss the DO and/or the comment procedure at the listed phone number; however, TWC, §7.075, provides that comments on the DO shall be submitted to the commission in writing.

(1) COMPANY: Linda Mosbacker; DOCKET NUMBER: 2020-1350-MLM-E; TCEQ ID NUMBER: RN109492223; LOCATION: 410 Our Road, Shepherd, San Jacinto County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) disposal site; RULES VIOLATED: Texas Health and Safety Code, §382.085(b), 30 TAC §111.201, and TCEQ Agreed Order Docket Number 2018-0478-MLM-E, Ordering Provision Number 2.a.i., by causing, suffering, allowing, or permitting outdoor burning within the State of Texas; and 30 TAC §330.15(a) and (c) and TCEQ Agreed Order Docket Number 2018-0478-MLM-E, Ordering Provision Number 2.b.i., by causing, suffering, allowing, or permitting the collection, storage, processing, or disposal of MSW; PENALTY: $118,705; STAFF ATTORNEY: John S. Merculief II, Litigation, MC 175, (512) 239-6944; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

TRD-202200644

Gitanjali Yadav

Acting Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: February 22, 2022


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 April 4, 2022. 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 an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on April 4, 2022. 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: NDJASSI Group LLC dba Minny Mart; DOCKET NUMBER: 2021-0484-PST-E; TCEQ ID NUMBER: RN102283660; LOCATION: 1620 Independence Parkway, Plano, Collin County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(d) and 30 TAC §334.49(a)(1), by failing to provide corrosion protection for the UST system; and 30 TAC §334.7(d)(1)(A) and (d)(3), by failing to provide an amended registration for any change or additional information regarding the USTs within 30 days from the date of the occurrence of the change or addition; PENALTY: $7,500; STAFF ATTORNEY: Judy Bohr, Litigation, MC 175, (512) 239-5807; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-202200625

Gitanjali Yadav

Acting Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: February 22, 2022


Notice of Public Meeting for TPDES Permit for Municipal Wastewater: New Permit No. WQ0015944001

APPLICATION. Bayou Side Partners Santa Fe, Ltd., 2000 West Parkwood Avenue, Friendswood, Texas 77546, has applied to the Texas Commission on Environmental Quality (TCEQ) for new Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0015944001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 75,000 gallons per day.

The facility will be located at 13920 Country Side Street, Santa Fe, in Galveston County, Texas 77517. The treated effluent will be discharged to constructed pond 1, thence to constructed pond 2, thence to a ditch, thence to an unnamed tributary, thence to Dickinson Bayou Tidal in Segment No. 1103 of the San Jacinto-Brazos Coastal Basin. The unclassified receiving water uses are minimal aquatic life use for constructed ponds 1 and 2 and the ditch, and high aquatic life use for the unnamed tributary. The designated uses for Segment No. 1103 are primary contact recreation and high aquatic life use. In accordance with 30 Texas Administrative Code Section 307.5 and the TCEQ's Procedures to Implement the Texas Surface Water Quality Standards (June 2010), an antidegradation review of the receiving waters was performed. A Tier 1 antidegradation review has preliminarily determined that existing water quality uses will not be impaired by this permit action. Numerical and narrative criteria to protect existing uses will be maintained. A Tier 2 review has preliminarily determined that no significant degradation of water quality is expected in Unnamed tributary and Dickinson Bayou Tidal, which have been identified as having high aquatic life use. Existing uses will be maintained and protected. The preliminary determination can be reexamined and may be modified if new information is received. This 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. For the exact location, refer to the application.

https://tceq.maps.arcgis.com/apps/webappviewer/index.html?id=db5bac44afbc468bbddd360f8168250f&marker=-95.123888%2C29.420555&level=12.

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

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

The Public Meeting is to be held:

Monday, April 4, 2022 at 7:00 p.m.

Members of the public who would like to ask questions or provide comments during the meeting may access the meeting via webcast by following this link: https://www.gotomeeting.com/webinar/join-webinar and entering Webinar ID 129-619-747. It is recommended that you join the webinar and register for the public meeting at least 15 minutes before the meeting begins. You will be given the option to use your computer audio or to use your phone for participating in the webinar.

Those without internet access must call (512) 239-1201 at least one day prior to the meeting to register for the meeting and to obtain information for participating telephonically. Members of the public who wish to only listen to the meeting may call, toll free, (213) 929-4212 and enter access code 460-335-252. Additional information will be available on the agency calendar of events at the following link:

https://www.tceq.texas.gov/agency/decisions/hearings/calendar.html.

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

The permit application, Executive Director's preliminary decision, and draft permit are available for viewing and copying at Dickinson Public Library, 4411 State Highway 3, Dickinson, Texas. Further information may also be obtained from Bayou Side Partners Santa Fe, Ltd. at the address stated above or by calling Mr. Paul Tilly, E.I.T., Project Engineer, Ward, Getz & Associates, at (713) 234-6093.

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 five business days prior to the meeting.

Issuance Date: February 23, 2022

TRD-202200649

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 23, 2022


Notice of Water Rights Application

Notice Issued February 22, 2022

APPLICATION NO. 14-1025C; Ingram Concrete, LLC (Owner/Applicant), P.O. Box 1166, Brownwood, Texas 76804, seeks to sever its water rights (320 acre-feet of water per year), authorized by Certificate of Adjudication No. 14-1026 and combine those rights with the 309 acre-feet of water per year, authorized by Certificate of Adjudication No. 14-1025. The Applicant further seeks to amend the combined Certificate of Adjudication No. 14-1025 to replace the existing authorized diversion points with a new diversion point on the Colorado River, Colorado River Basin for mining purposes in Coke County. More information on the application and how to participate in the permitting process is given below. The application and partial fees were received on June 18, 2020. Additional information and fees were received on August 7, 12, and 14, 2020. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on September 8, 2020.

The Executive Director has completed the technical review of the application and prepared a draft amendment. The draft amendment, if granted, would contain special conditions including, but not limited to, installation of a measurement device at the new diversion point, and reasonable measures to avoid impingement and entrainment. The application, technical memoranda, and Executive Director's draft amendment are available for viewing on the TCEQ web page at: https://www.tceq.texas.gov/permitting/water_rights/wr-permitting/view-wr-pend-apps. Alternatively, you may request a copy of the documents by contacting the TCEQ Office of the Chief Clerk at (512) 239-3300 or by mail at TCEQ OCC, Notice Team (MC-105), P.O. Box 13087, Austin, Texas 78711. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below, by March 11, 2022. A public meeting is intended for the taking of public comment and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

The TCEQ may grant a contested case hearing on this application if a written hearing request is filed by March 11, 2022. The Executive Director can consider an approval of the application unless a written request for a contested case hearing is filed by March 11, 2022.

To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit proposed conditions for the requested permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments, or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at https://www14.tceq.texas.gov/epic/eComment/ by entering ADJ 1025 in the search field. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Public Education Program at (800) 687-4040. General information regarding the TCEQ can be found at our website at http://www.tceq.texas.gov/. Si desea información en español, puede llamar al (800) 687-4040 o por el internet al http://www.tceq.texas.gov.

TRD-202200620

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 22, 2022


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 February 14, 2022 to February 17, 2022. 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 website. The notice was published on the website on Friday, February 25, 2022. The public comment period for this project will close at 5:00 p.m. on Sunday, March 27, 2022.

FEDERAL AGENCY ACTIONS:

Applicant: Callan Marine, LTD

Location: The project site is located in Galveston Bay, directly adjacent to 6800 Harborside Drive, in Galveston, Galveston County, Texas 77554.

Latitude & Longitude (NAD 83): 29.297758, -94.851603

Project Description: The applicant proposes to discharge approximately 112 cubic yards of fill material below mean high water (MHW) into approximately 0.037 acre (1,296-square-foot) of open water associated with the construction and installation of eleven 48-inch-diameter guide piles, seven 48-inch-diameter breasting piles, nine 36-inch-diameter breasting piles, the construction of an approximate 130-foot by 16-foot concrete boat ramp that would require the discharge of approximately 82 cubic yards of fill material below the existing MHW line within an approximate 1,056-square-foot area, and the construction of an approximate 88-foot by 16-foot concrete boat ramp that would require the discharge of approximately 30 cubic yards of fill material below the existing MHW line within an approximate 240-square-foot area.

Type of Application: U.S. Army Corps of Engineers permit application # SWG- 2022-00023. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act.

CMP Project No: 22-1179-F1

Applicant: Union Pacific Railroad

Location: The project site is located within multiple bodies of water (9 wetlands) along a two-mile stretch of Joe Fulton corridor within the existing mainline track on Union Pacific Railroad Corpus Christi Subdivision located in Corpus Christi, Nueces County, Texas.

Latitude & Longitude (NAD 83): 27.839641, -97.518893

Project Description: The applicant proposes the placement of a total of 9,595 cubic yards (CY) of fill material (road grade) within 5.92-acres of jurisdictional wetlands during the construction of multiple tracts along an existing rail line and the expansion of a 0.04-acre area rail line tract. The applicant proposes two (2) bridges as support for the new lines as a 110-foot timber Stringer Trestle open deck (TST-OD) and a 110-foot Prestressed Concrete Box (PCB).

Type of Application: U.S. Army Corps of Engineers permit application # SWG-2022-00071. This application will be reviewed pursuant to Section 404 of the Clean Water Act. Note: The consistency review for this project may be conducted by the Texas Railroad Commission as part of its certification under §401 of the Clean Water Act.

CMP Project No: 22-1183-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-202200624

Mark Havens

Deputy Land Commissioner and Chief Clerk

General Land Office

Filed: February 22, 2022


Texas Health and Human Services Commission

Public Notice: Statewide Transition Plan for Medicaid Home and Community Based Services Settings

The Texas Health and Human Services Commission (HHSC) announces its intent to submit a Statewide Transition Plan (STP) to the Centers for Medicare & Medicaid Services (CMS) for approval, as required in Title 42 Code of Federal Regulations, Sections 441.301(c)(6) and 441.710(a)(3). The STP describes HHSC's planned activities to achieve full and ongoing compliance with the federal Home and Community Based Services (HCBS) settings regulations. The STP is expected to be submitted to CMS in April 2022.

In March 2014, CMS issued federal regulations that added requirements for settings where Medicaid HCBS are provided. The regulations require that a Medicaid HCBS setting be selected by the person receiving Medicaid HCBS. Medicaid HCBS settings must also be integrated in and support the person's full access to the community. CMS has given states until March 17, 2023, to bring Medicaid HCBS settings into compliance with the regulations.

CMS requires states to submit an STP describing their planned initiatives and activities to achieve compliance with the federal HCBS settings regulations. The STP must include:

- An assessment of settings where Medicaid HCBS are provided;

- Remediation strategies for settings that do not meet the requirements of the regulations;

- A summary of public and stakeholder input on the assessment processes and remediation strategies; and

- A summary of public comments received on the transition plan and any revisions made to the plan in response to public comment.

HHSC has amended the version of the STP previously submitted to CMS based on public comments and guidance from CMS. The amended STP can be found at: https://www.hhs.texas.gov/services/health/medicaid-chip/medicaid-chip-programs-services/home-community-based-services.

Copy of STP. Interested parties may obtain a free copy of the STP by contacting Rachel Neely, Program Specialist, by U.S. mail, telephone, fax, or by email at the addresses below.

Written Comments. Written comments must be submitted by April 4, 2022. Written comments, requests to review comments, or both may be sent by U.S. mail, overnight mail, special delivery mail, hand delivery, fax, or email:

U.S. Mail Texas Health and Human Services Commission Attention: Rachel Neely, Office of Policy

John H. Winters Complex

701 W 51st Street

Mail Code H-600

Austin, Texas 78751

Overnight mail, special delivery mail, or hand delivery:

Texas Health and Human Services Commission

Attention: Rachel Neely, Office of Policy

John H. Winters Complex

701 W 51st Street

Mail Code H-600

Austin, Texas 78751

Phone number for package delivery: (512) 438-4297

Fax Attention: Rachel Neely, Office of Policy at (512) 438-4297

Email: Medicaid_HCBS_Rule@hhsc.state.tx.us

TRD-202200647

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: February 22, 2022


Public Notice - Texas State Plan for Medical Assistance Amendment (updated Public Notice of Intent)

The Texas Health and Human Services Commission (HHSC) announces its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective April 1, 2022.

The original Public Notice of Intent (PNI) was published in the December 10, 2021, issue of the Texas Register.

The proposed amendment to the Texas State Plan will correspond with a proposed amendment to 1 Texas Administrative Code §355.8101. The purpose of the proposed amendment to §355.8101 is to comply with House Bill 4 (H.B. 4), 87th Legislature, Regular Session 2021 and to make other amendments to enhance clarity, consistency, and specificity. HHSC is required by H.B. 4 to ensure a rural health clinic (RHC) is reimbursed for a covered telemedicine or telehealth medical service delivered by a health care provider to a Medicaid recipient at a RHC facility.

The proposed amendment is estimated to result in no foreseeable implications relating to costs or revenues.

Rule Hearing. A rule hearing was conducted in person and online on January 24, 2022, at 2:00 p.m. Information about the proposed rule changes was published in the January 14, 2022, issue of the Texas Register.

Copy of Proposed Amendment. Interested parties may obtain additional information and/or a free copy of the proposed amendment by contacting Holly Freed, State Plan Policy Advisor, by mail at the Health and Human Services Commission, P.O. Box 13247, Mail Code H-600, Austin, Texas 78711; by telephone at (512) 487-3349; by facsimile at (512) 730-7472; or by e-mail at Medicaid_Chip_SPA_Inquiries@hhsc.state.tx.us. Copies of the proposed amendment will be available for review at the local county offices of HHSC, formerly the local offices of the Texas Department of Aging and Disability Services.

Written Comments. Written comments about the proposed amendment and/or requests to review comments may be sent by U.S. mail, overnight mail, special delivery mail, hand delivery, fax, or email:

U.S. Mail

Texas Health and Human Services Commission

Attention: Provider Finance Department

Mail Code H-400

P.O. Box 149030

Austin, Texas 78714-9030

Overnight mail, special delivery mail, or hand delivery

Texas Health and Human Services Commission

Attention: Provider Finance Department

North Austin Complex

Mail Code H-400

4601 W Guadalupe St.

Austin, Texas 78751

Phone number for package delivery: (512) 730-7401

Fax

Attention: Provider Finance at (512) 730-7475

Email

PFD_Hospitals@hhsc.state.tx.us

Preferred Communication. During the current state of disaster due to COVID-19, physical forms of communication are checked with less frequency than during normal business operations. For quickest response, and to help curb the possible transmission of infection, please use e-mail or phone if possible, for communication with HHSC related to this state plan amendment.

TRD-202200575

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: February 17, 2022


Texas Lottery Commission

Scratch Ticket Game Number 2393 "BIG CASH"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2393 is "BIG CASH". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2393 shall be $10.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2393.

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, 06, 07, 08, 09, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 5X SYMBOL, 10X SYMBOL, $10.00, $20.00, $30.00, $50.00, $100, $400, $1,000, $10,000 and $200,000.

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. 2393 - 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 (2393), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 050 within each Pack. The format will be: 2393-0000001-001.

H. Pack - A Pack of the "BIG CASH" Scratch Ticket Game contains 050 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 001 and 050 will both be exposed.

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 "BIG CASH" Scratch Ticket Game No. 2393.

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 "BIG CASH" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose sixty-four (64) Play Symbols. FAST WIN Play Instructions: If a player reveals 2 matching prize amounts in the same FAST WIN area, the player wins that amount. KEY NUMBER MATCH Play Instructions: If a player matches any of the YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the prize for that number. If the player reveals a "5X" Play Symbol, the player wins 5 TIMES the prize for that symbol. If the player reveals a "10X" Play Symbol, the player wins 10 TIMES the prize for that symbol. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly sixty-four (64) 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 sixty-four (64) 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 sixty-four (64) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the sixty-four (64) 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. GENERAL: The top Prize Symbol will appear on every Ticket, unless restricted by other parameters, play action or prize structure.

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

C. FAST WIN: A non-winning Prize Symbol in a FAST WIN play area will never match a winning Prize Symbol in another FAST WIN play area.

D. FAST WIN: A Ticket may have up to two (2) matching non-winning Prize Symbols across the four (4) FAST WIN play areas.

E. KEY NUMBER MATCH: No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 20 and $20).

F. KEY NUMBER MATCH: No matching non-winning YOUR NUMBERS Play Symbols on a Ticket.

G. KEY NUMBER MATCH: No matching WINNING NUMBERS Play Symbols on a Ticket, unless restricted by other parameters, play action or prize structure.

H. KEY NUMBER MATCH: A non-winning Prize Symbol will never match a winning Prize Symbol.

I. KEY NUMBER MATCH: A Ticket may have up to five (5) matching non-winning Prize Symbols, unless restricted by other parameters, play action or prize structure.

J. KEY NUMBER MATCH: The "5X" (WINX5) Play Symbol will only appear on intended winning Tickets, as dictated by the prize structure.

K. KEY NUMBER MATCH: The "10X" (WINX10) Play Symbol will only appear on intended winning Tickets, as dictated by the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "BIG CASH" Scratch Ticket Game prize of $10.00, $20.00, $30.00, $50.00, $100 or $400, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and may 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 $30.00, $50.00, $100 or $400 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 "BIG CASH" Scratch Ticket Game prize of $1,000, $10,000 or $200,000, the claimant must sign the winning Scratch Ticket and may 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 "BIG CASH" Scratch Ticket Game prize the claimant may submit the signed winning Scratch Ticket and a thoroughly completed claim form via mail. If a prize value is $1,000,000 or more, the claimant must also provide proof of Social Security number or Tax Payer Identification (for U.S. Citizens or Resident Aliens). Mail all 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 "BIG CASH" 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 "BIG CASH" 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 Prizes. There will be approximately 12,000,000 Scratch Tickets in Scratch Ticket Game No. 2393. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2393 - 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. 2393 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. 2393, 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-202200651

Bob Biard

General Counsel

Texas Lottery Commission

Filed: February 23, 2022


North Central Texas Council of Governments

Request for Information - Dynamic Traffic Assignment Software Exploration

The North Central Texas Council of Governments (NCTCOG) is requesting information from suppliers on developing a regional Dynamic Traffic Assignment model in the NCTCOG area. Dynamic Traffic Assignment (DTA) represents a more realistic and accurate assignment method superior to the existing time-of-day static assignment. DTA captures the interaction between travelers' route choices, traffic congestion, and time-dependent travel time in a temporally coherent manner. Specifically, DTA models aim to describe such time-varying network and demand interaction using a behaviorally sound approach. NCTCOG is investigating if any off-the-shelf software for regional DTA is available, or the existing academic/consultant developed software could be adopted for customization in the NCTCOG region.

Information must be received no later than 5:00 p.m., Central Time, on Friday, April 1, 2022, to Hong Zheng, Senior Transportation System Modeler, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011 and electronic submissions to TransRFPs@nctcog.org. The Request for Information will be available at www.nctcog.org/rfp by the close of business on Friday, March 4, 2022.

NCTCOG encourages participation by disadvantaged business enterprises and does not discriminate on the basis of age, race, color, religion, sex, national origin, or disability.

TRD-202200650

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: February 23, 2022


Public Utility Commission of Texas

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 February 3, 2022, to adjust the high-cost support it receives from the Small and Rural Incumbent Local Exchange Company Universal Service Plan without effect to its current rates.

Docket Title and Number: Application of Central Texas Telephone Cooperative, Inc. to Adjust High Cost Support under 16 Texas Administrative Code §26.407(h), Docket Number 53183.

Central Texas requests a high-cost support adjustment increase of $1,009,432. The requested adjustment complies with the cap of 140% of the annualized support the provider received in the previous 12 months, as required by 16 Texas Administrative Code §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 1-888-782-8477 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 53183.

TRD-202200618

Andrea Gonzalez

Rules Coordinator

Public Utility Commission of Texas

Filed: February 22, 2022