IN ADDITION

IN ADDITION

Texas Water Code and Texas Health and Safety 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: City of Dallas and State of Texas v. Blue Star Recycling LLC; Almira Industrial and Trading Corp.; CCR Equity Holdings One, LLC; 9505 S. Central Expressway, In Rem; 9527 S. Central Expressway, In Rem; and Chris Ganter; Cause No. DC-18-18651, in the 191st Judicial District, Dallas County, Texas.

Background: City of Dallas filed suit in December 2018 against Defendants for violations of the Dallas City Code pertaining to solid waste accumulation and discharges at the property known as 9505 and 9527 S. Central Expressway, Dallas, Texas (the "Site".) The State of Texas filed suit as Intervenor-Plaintiff in March 2020 to enforce the Texas Solid Waste Disposal Act, and rules promulgated by the Texas Commission on Environmental Quality relating to unauthorized acceptance, storage, and disposal of solid waste, including unprocessed roofing shingles and ground-up shingle materials, at the Site. Now, CCR Equity Holdings One, LLC and the real property it owns at 9505/9527 S. Central Expressway ("settling Defendants") propose a settlement with the City of Dallas and the State (collectively, "settling parties"), while Blue Star Recycling LLC, Almira Industrial and Trading Corp., and Chris Ganter remain Defendants in the case.

Proposed Settlement: The settling parties propose an Agreed Final Judgment that includes the payment of one million dollars in settlement payment to the City of Dallas; $55,000 in civil penalties and $30,000 in attorney's fees to the State; and the arrangement for removal and disposal of solid waste at the Site, and the performance of environmental site assessment by the City of Dallas.

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 Phillip Ledbetter, 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: Phillip.Ledbetter@oag.texas.gov. Written comments must be received within 30 days of publication of this notice to be considered.

TRD-202004519

Lesley French

General Counsel

Office of the Attorney General

Filed: October 28, 2020

Comptroller of Public Accounts

Certification of the Average Closing Price of Gas and Oil -- September 2020

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 September 2020 is $26.13 per barrel for the three-month period beginning on June 1, 2020, and ending August 31, 2020. Therefore, pursuant to Tax Code, §202.058, oil produced during the month of September 2020, from a qualified low-producing oil lease, is eligible for a 25% 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 September 2020 is $0.83 per mcf for the three-month period beginning on June 1, 2020, and ending August 31, 2020. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of September 2020, 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 September 2020 is $39.63 per barrel. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall exclude total revenue received from oil produced during the month of September 2020, 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 September 2020 is $2.31 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 September 2020, from a qualified low-producing gas well.

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

Issued in Austin, Texas, on October 23, 2020.

TRD-202004458

William Hamner

Special Counsel for Tax Administration

Comptroller of Public Accounts

Filed: October 23, 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 11/02/20 - 11/08/20 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 11/02/20 - 11/08/20 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-202004506

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: October 27, 2020

Texas Board of Professional Engineers and Land Surveyors

Hearing on Proposed Rules

Via Videoconference

For General Public Viewing: https://youtu.be/thgiaN-9LFs

Videoconference call -- Zoom (https://zoom.us/)

Meeting URL:

https://zoom.us/j/97902439802?pwd=LzQrdHJ2SVR0TXJXOXd3dUJWS1piQT09

Meeting ID: 979 0243 9802

Password: 777379

November 10, 2020--8:30 a.m.

Due to Governor Greg Abbott's March 13, 2020, proclamation of a state of disaster affecting all counties in Texas due to the Coronavirus (COVID-19) and the Governor's March 16, 2020, suspension of certain provisions of the Texas Open Meetings Act, the November 10, 2020, hearing on proposed rules will be held by video-conference, as otherwise authorized under Texas Government Code section 551.127. Due to the Governor's suspension, the public will not be able to attend the open meeting in person.

Members of the public will have access to view the meeting via YouTube and the link will be available on the agency website at https://pels.texas.gov. Members of the public will have access to participate and make public comment in this meeting, by two-way audio/video, by connecting to the video access number identified on the agenda above or by clicking on the link contained on the agency website at https://pels.texas.gov. Members of the public are encouraged to confirm the correct conference access number/link 24 hours before the meeting by going to the agency website. An electronic copy of the agenda is available at https://pels.texas.gov. A recording of the meeting will be available after November 17, 2020, on the agency website.

For public participants who wish to make public comment, after the meeting convenes, the presiding officer will call roll of board members and then of public attendees. Please identify yourself by name and state whether you would like to provide public comment. You may also email comment@pels.texas.gov in advance of the meeting if you would like to provide public comment. During the public comment portion of the meeting, the presiding officer will recognize you by name and give you an opportunity to speak. All public comments will be limited to three (3) minutes. All participants are asked to keep their microphones muted when they are not providing public comment.

1. Call to Order

--Roll Call

--Welcome Visitors

2. Public hearing to receive comments from interested persons concerning proposed rule changes under Texas Occupations Code §§1001.101 and 1001.202, which provides the Texas Board of Professional Engineers and Land Surveyors (TBPELS) with the authority to promulgate and adopt rules consistent with the Act governing its administration, including rule amendments, new rules, and rule repeals of the following rule Chapters:

--22 Texas Administrative Code, Chapter 138, Compliance and Professionalism for Surveyors (as published in the October 9, 2020, issue of the Texas Register)

--22 Texas Administrative Code, Chapter 139, Enforcement (as published in the October 9, 2020, issue of the Texas Register)

Any interested person may appear and offer comments or statements, either orally or in writing; however, questioning of commenters will be reserved exclusively to the Texas Board of Professional Engineers and Land Surveyors or its staff as may be necessary to ensure a complete record. While any person with pertinent comments or statements will be granted an opportunity to present them during the hearing, TBPELS reserves the right to restrict statements in terms of time or repetitive content. Organizations, associations, or groups are encouraged to present their commonly held views or similar comments through a representative member where possible.

3. Adjourn.

Individuals needing auxiliary aids or services should contact the Texas Board of Professional Engineers and Land Surveyors at (512) 440-3051, in a timely manner.

TRD-202004436

Lance Kinney, Ph.D., P.E.

Executive Director

Texas Board of Professional Engineers and Land Surveyors

Filed: October 21, 2020

Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is December 9, 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 commissions 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 commissions 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 December 9, 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: Ameriforge Corporation; DOCKET NUMBER: 2020-0515-IWD-E; IDENTIFIER: RN102075686; LOCATION: Houston, Harris County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0003767000, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $16,875; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $6,750; ENFORCEMENT COORDINATOR: Stephanie Frederick, (512) 239-1001; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(2) COMPANY: ARTAVIA Development Company; DOCKET NUMBER: 2020-0217-WQ-E; IDENTIFIER: RN110469897; LOCATION: Conroe, Montgomery County; TYPE OF FACILITY: construction site; RULES VIOLATED: 30 TAC §305.125(1) and (4), TWC, §26.121(a)(2), and Texas Pollutant Discharge Elimination System Construction General Permit Number TXR15682Q, Permit Conditions Part VII (H), by failing to take all reasonable steps to minimize or prevent any discharge that has a reasonable likelihood of adversely affecting human health or the environment; PENALTY: $18,300; ENFORCEMENT COORDINATOR: Katelyn Tubbs, (512) 239-2512; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) COMPANY: Billy Rodgers; DOCKET NUMBER: 2020-0650-PST-E; IDENTIFIER: RN110974292; LOCATION: Center, Shelby County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license (petroleum storage tank); PENALTY: $175; ENFORCEMENT COORDINATOR: John Fennell, (512) 239-2616; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(4) COMPANY: Bonham Independent School District; DOCKET NUMBER: 2020-0984-PST-E; IDENTIFIER: RN101775609; LOCATION: Bonham, Fannin County; TYPE OF FACILITY: fleet refueling facility; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks in manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $2,438; ENFORCEMENT COORDINATOR: Courtney Atkins, (512) 534-6862; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: City of Dallas; DOCKET NUMBER: 2020-0673-MSW-E; IDENTIFIER: RN100752146; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: Type I aerial fill municipal solid waste (MSW) landfill; RULES VIOLATED: 30 TAC §330.121(a) and §330.133(a) and MSW Permit Number 62, and Site Operating Plan (SOP), Section 4.2 Unloading Waste, by failing to maintain the size of the working face in accordance with the facility's SOP; 30 TAC §330.121(a) and §330.165(a) and MSW Permit Number 62, and SOP, Section 4.21.2 Daily Cover, by failing to apply six inches of well-compacted earthen material not previously mixed with garbage, rubbish, or other solid waste at the end of each operating day; and Texas Health and Safety Code, §361.603(b)(2) and TWC, §5.702, by failing to pay outstanding Voluntary Cleanup Program fees, including any associated late fees, for the TCEQ Financial Administration Account Number 0902356 for the 2020 Fiscal Year; PENALTY: $5,775; ENFORCEMENT COORDINATOR: Hailey Johnson, (512) 239-1756; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: City of Pearland; DOCKET NUMBER: 2019-1183-PST-E; IDENTIFIER: RN102448669; LOCATION: Pearland, Brazoria County; TYPE OF FACILITY: fleet refueling facility; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every 30 days; PENALTY: $3,937; ENFORCEMENT COORDINATOR: Tyler Richardson, (512) 239-4872; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(7) COMPANY: Enterprise Products Operating LLC; DOCKET NUMBER: 2020-0458-IWD-E; IDENTIFIER: RN100210665; LOCATION: City of Morgan's Point, Harris County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1) and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0000440000, Effluent Limitations and Monitoring Requirements Number 1, Outfall Number 103, by failing to comply with permitted effluent limitations; 30 TAC §305.125(1) and (5) and §319.5(b), and TPDES Permit Number WQ0000440000, Effluent Limitations and Monitoring Requirements Number 2, Outfall Number 002, by failing to collect and analyze effluent samples at the intervals specified in the permit; and 30 TAC §305.125(1) and (17) and §319.7(d), and TPDES Permit Number WQ0000440000, Monitoring and Reporting Requirements Number 1, Outfall Number 003, by failing to timely submit monitoring results at intervals specified in the permit; PENALTY: $22,872; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $9,149; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(8) COMPANY: Floyd Randolph dba TEMPE WATER SUPPLY CORPORATION, John Muzny dba TEMPE WATER SUPPLY CORPORATION, and Cindy Walzel dba TEMPE WATER SUPPLY CORPORATION; DOCKET NUMBER: 2020-0690-PWS-E; IDENTIFIER: RN101456762; LOCATION: Livingston, Polk County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.41(c)(1)(F), by failing to obtain a sanitary control easement covering land within 150 feet of the facility's Well Numbers 2 and 3; 30 TAC §290.42(e)(4)(A), by failing to provide a full-face self-contained breathing apparatus or supplied air respirator that meets Occupational Safety and Health Administration standards and is readily accessible outside the chlorinator room and immediately available to the operator in the event of an emergency; 30 TAC §290.42(f)(1)(E)(ii), by failing to provide containment facilities for all liquid chemical storage tanks; 30 TAC §290.42(l), by failing to compile and maintain a thorough and up-to-date plant operations manual for operator review and reference; 30 TAC §290.45(b)(1)(D)(i) and Texas Health and Safety Code, §341.0315(c), by failing to provide two or more wells having a total capacity of 0.6 gallons per minute per connection; 30 TAC §290.46(f)(2) and (3)(A)(iv), (B)(iii), and (E)(ii), by failing to maintain water works operation and maintenance records and make them readily available for review by the executive director (ED) upon request; 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; and 30 TAC §290.118(a) and (b), by failing to meet the maximum secondary constituent levels for total dissolved solids of 1,000 milligrams per liter (mg/L) and chloride of 300 mg/L or receive written approval from the ED to use the water source for public drinking water; PENALTY: $1,985; ENFORCEMENT COORDINATOR: Ryan Byer, (512) 239-2571; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(9) COMPANY: Highland Independent School District; DOCKET NUMBER: 2020-0431-PWS-E; IDENTIFIER: RN101243707; LOCATION: Roscoe, Nolan County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(m)(1)(A), by failing to inspect the facility's two ground storage tanks annually; 30 TAC §290.46(m)(1)(B), by failing to inspect the facility's three pressure tanks annually; and 30 TAC §290.46(s)(1), by failing to calibrate the facility's well meter at least once every three years; PENALTY: $627; ENFORCEMENT COORDINATOR: Ronica Rodriguez, (361) 825-3425; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(10) COMPANY: KELLY PROPANE & FUEL, LLC dba Reed Oil; DOCKET NUMBER: 2020-1104-PST-E; IDENTIFIER: RN101888410; LOCATION: Byers, Clay 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 in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Courtney Atkins, (512) 534-6862; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(11) COMPANY: Ken Dietz Homes Incorporated; DOCKET NUMBER: 2020-1283-WQ-E; IDENTIFIER: RN111079216; LOCATION: Hallsville, Harrison County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit (stormwater); PENALTY: $875; ENFORCEMENT COORDINATOR: Katelyn Tubbs, (512) 239-2512; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(12) COMPANY: LA MIRADA COUNTRY ESTATES, INCORPORATED; DOCKET NUMBER: 2019-1801-PWS-E; IDENTIFIER: RN102680295; LOCATION: Harlingen, Cameron County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.44(h)(1)(A), by failing to ensure additional protection was provided at all residences or establishments where an actual or potential contamination hazard exists in the form of an air gap or backflow prevention assembly, as identified in 30 TAC §290.47(f); 30 TAC §290.46(f)(2) and (3)(A)(ii)(III), by failing to maintain water works operation and maintenance records and make them readily available for review by the executive director upon request; 30 TAC §290.46(i), by failing to adopt an adequate plumbing ordinance, regulations, or service agreement with provisions for proper enforcement to ensure that neither cross-connections nor other unacceptable plumbing practices are permitted; 30 TAC §290.46(s)(2)(C)(i), by failing to verify the accuracy of the manual disinfectant residual analyzer at least once every 90 days using the chlorine solutions of known concentrations; and 30 TAC §290.46(z), by failing to create a nitrification action plan for systems distributing chloraminated water; PENALTY: $339; ENFORCEMENT COORDINATOR: Julianne Dewar, (817) 588-5861; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(13) COMPANY: Miller, Jeremy L.; DOCKET NUMBER: 2020-1118-OSS-E; IDENTIFIER: RN110929205; LOCATION: El Campo, Wharton County; TYPE OF FACILITY: Operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license (on-site sewage facility); PENALTY: $175; ENFORCEMENT COORDINATOR: John Fennell, (512) 239-2616; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(14) COMPANY: NANDAN CORPORATION dba Scotties Forney; DOCKET NUMBER: 2020-0706-PST-E; IDENTIFIER: RN101555225; LOCATION: Forney, Kaufman County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the underground storage tank system; PENALTY: $4,997; ENFORCEMENT COORDINATOR: Tyler Smith, (512) 239-3421; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: PRINCESS, INCORPORATED; DOCKET NUMBER: 2020-0722-PWS-E; IDENTIFIER: RN101225142; LOCATION: Houston, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.106(c) and (e), by failing to collect and report the results of nitrate sampling to the executive director for the January 1, 2018 - December 31, 2018, and January 1, 2019 - December 31, 2019, monitoring periods; PENALTY: $1,367; ENFORCEMENT COORDINATOR: Amanda Conner, (512) 676-7487; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(16) COMPANY: Southwest Independent School District; DOCKET NUMBER: 2020-0834-PWS-E; IDENTIFIER: RN101283927; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 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, 2017 - December 31, 2019, monitoring period during which the lead action level was exceeded; 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, 2017 - December 31, 2019, monitoring period during which the lead action level was exceeded; 30 TAC §290.117(i)(6) and (j), by failing to provide a consumer notification of lead tap water monitoring results to persons served at the sites (taps) that were tested, and failing to mail a copy of the consumer notification of tap results to the ED along with certification that the consumer notification has been distributed in a manner consistent with TCEQ requirements for the January 1, 2017 - December 31, 2019, monitoring period; and 30 TAC §290.122(c)(2)(A) and (f), by failing to issue public notification and submit a copy of the public notification, accompanied with a signed Certificate of Delivery, to the ED regarding the failure to submit the Disinfection Level Quarterly Operating Report for the fourth quarter of 2018; PENALTY: $1,100; ENFORCEMENT COORDINATOR: Miles Wehner, (512) 239-2813; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(17) COMPANY: Stanley Purvis Jr.; DOCKET NUMBER: 2020-0528-WOC-E; IDENTIFIER: RN110945938; LOCATION: College Station, Brazos County; TYPE OF FACILITY: Operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $175; ENFORCEMENT COORDINATOR: Caleb Olson, (817) 588-5856; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(18) COMPANY: STROEHER & SON, INCORPORATED dba Stroeher & Son Self Serve; DOCKET NUMBER: 2020-0920-PST-E; IDENTIFIER: RN101800860; LOCATION: Fredericksburg, Gillespie County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.42(i) and TWC, §26.3475(c)(2), by failing to inspect all sumps, manways, overspill containers or catchment basins associated with an underground storage tank system at least once every 60 days to assure that their sides, bottoms, and any penetration points are maintained liquid tight; and 30 TAC §334.49(c)(2)(C) and TWC, §26.3475(d), by failing to inspect the impressed current corrosion protection system at least once every 60 days to ensure that the rectifier and other system components are operating properly; PENALTY: $10,714; ENFORCEMENT COORDINATOR: Courtney Atkins, (512) 534-6862; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(19) COMPANY: Swash Car Wash, LLC dba Swash Car Spa; DOCKET NUMBER: 2020-0822-PST-E; IDENTIFIER: RN101741122; LOCATION: Humble, Harris County; TYPE OF FACILITY: temporarily out-of-service; RULES VIOLATED: 30 TAC §334.7(d)(1)(B) and (3), by failing to notify the agency of any change or additional information regarding the underground storage tanks (USTs) within 30 days of occurrence of the change or addition; 30 TAC §334.10(b)(2), by failing to assure that all UST recordkeeping requirements are met; 30 TAC §334.50 and §334.54(c)(1) and TWC, §26.3475(c)(1), by failing to monitor a temporarily out-of-service UST system for releases; and 30 TAC §334.602(a), by failing to designate, train, and certify at least one named individual for each class of operator, Class A, Class B, and Class C for the facility; PENALTY: $8,125; ENFORCEMENT COORDINATOR: Courtney Atkins, (512) 534-6862; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(20) COMPANY: Verde Hills Water Supply Corporation; DOCKET NUMBER: 2020-0776-PWS-E; IDENTIFIER: RN101457323; LOCATION: Center Point, Kerr County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.41(c)(1)(F), by failing to obtain a sanitary control easement covering land within 150 feet of the facility's well; 30 TAC §290.42(l), by failing to maintain a thorough and up-to-date plant operations manual for operator review and reference; 30 TAC §290.46(i), by failing to adopt an adequate plumbing ordinance, regulations, or service agreement with provisions for proper enforcement to ensure that neither cross-connections nor other unacceptable plumbing practices are permitted; 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; 30 TAC §290.121(a) and (b), by failing to maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifics the analytical procedures and laboratories that the facility will use to comply with the monitoring requirements; and 30 TAC §291.76 and TWC, §5.702, by failing to pay regulatory assessment fees for the TCEQ Public Utility Account regarding Certificate of Convenience and Necessity Number 12093 for calendar years 2016, 2018, and 2019; PENALTY: $250; ENFORCEMENT COORDINATOR: Julianne Dewar, (817) 588-5861; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

TRD-202004487

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: October 27, 2020

Combined Notice of Public Meeting and Notice of Application and Preliminary Decision for TPDES Permit for Industrial Wastewater: New Permit No. WQ0005283000

APPLICATION AND PRELIMINARY DECISION. Steel Dynamics Southwest, LLC, 7575 West Jefferson Boulevard, Fort Wayne, Indiana 46804, which proposes to operate Sinton Mill, an iron and steel manufacturing and coil coating facility, has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0005283000, to authorize the discharge of treated process wastewater, utility wastewater, and previously monitored effluent (treated domestic wastewater via Outfall 101 and coil coating process wastewater via Outfall 201) at a daily average flow not to exceed 1,560,000 gallons per day via Outfall 001; and industrial stormwater on an intermittent and flow-variable basis via Outfalls 002, 003, and 004. The TCEQ received this application on October 8, 2019.

The facility site is located at 8534 State Highway 89, near Sinton, in San Patricio County, Texas 78387. 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=-97.49638%2C28.056111&level=12

The effluent will be discharged via Outfall 001 through a pipe to unnamed ditch 4, thence to Chiltipin Creek; via Outfall 002 to unnamed ditch 1, thence to unnamed ditch 4, thence to Chiltipin Creek; and via Outfalls 003 and 004 to unnamed ditch 3, thence to unnamed ditch 4, thence to Chiltipin Creek; thence all outfalls to Chiltipin Creek Tidal, thence to Aransas River Tidal in Segment No. 2003 of the San Antonio-Nueces Coastal Basin. The unclassified receiving water uses are minimal aquatic life use for the unnamed ditches (1, 3, and 4), limited aquatic life use for Chiltipin Creek, and high aquatic life use for Chiltipin Creek Tidal. The designated uses for Segment No. 2003 are primary contact recreation and high aquatic life use.

In accordance with Title 30 Texas Administrative Code Section 307.5 and 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 Chiltipin Creek Tidal, which has 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.

The TCEQ executive director reviewed this action for consistency with the Texas Coastal Management Program (CMP) goals and policies in accordance with the regulations of the General Land Office and has determined that the action is consistent with the applicable CMP goals and policies.

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. The permit application, executive director's preliminary decision, and draft permit are available for viewing and copying at the Sinton Public Library, 100 North Pirate Boulevard, Sinton, Texas (if open), and on the Website at http://www.sdisinton.com.

PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments about this application. The TCEQ will hold a public meeting on this application because of significant public interest.

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

The Public Meeting is to be held:

Monday, December 7, 2020, 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 201-165-163. 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 may call (512) 239-1201 at least one day prior to the meeting for assistance in accessing the meeting and participating telephonically. Members of the public who wish to only listen to the meeting may call, toll free, (562) 247-8422 and enter access code 803-402-472. 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.

Persons with disabilities who need special accommodations at the public 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.

OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public comments, the executive director will consider the comments and prepare a response to all relevant and material, or significant public comments. The response to comments, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments or who requested to be on a mailing list for this application. If comments are received, the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the executive director's decision. A contested case hearing is a legal proceeding similar to a civil trial in a state district court.

TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your name, address, phone number; applicant's name and proposed permit number; the location and distance of your property/activities relative to the proposed facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; a list of all disputed issues of fact that you submit during the comment period; and the statement "[I/we] request a contested case hearing." If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group's representative for receiving future correspondence; identify by name and physical address an individual member of the group who would be adversely affected by the proposed facility or activity; provide the information discussed above regarding the affected member's location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are relevant to the group's purpose.

Following the close of all applicable comment and request periods, the executive director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

The Commission may only grant a request for a contested case hearing on issues the requestor submitted in their timely comments that were not subsequently withdrawn. If a hearing is granted, the subject of a hearing will be limited to disputed issues of fact or mixed questions of fact and law relating to relevant and material water quality concerns submitted during the comment period.

EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval of the application unless a timely contested case hearing request or a timely request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the executive director will not issue final approval of the permit and will forward the application and requests to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

MAILING LIST. If you submit public comments, a request for a contested case hearing or a reconsideration of the executive director's decision, you will be added to the mailing list for this specific application to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be added to: (1) the permanent list for a specific applicant name and permit number; and (2) the mailing list for a specific county. If you wish to be placed on the permanent and the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.

All written public comments and public meeting requests must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087 or electronically atwww14.tceq.texas.gov/epic/eComment/ within 30 days from the date of newspaper publication of this notice or by the date of the public meeting, whichever is later.

INFORMATION AVAILABLE ONLINE. For details about the status of the application, visit the Commissioners' Integrated Database at www.tceq.texas.gov/goto/cid. Search the database using the permit number for this application, which is provided at the top of this notice.

AGENCY CONTACTS AND INFORMATION. Public comments and requests must be submitted either electronically at www14.tceq.texas.gov/epic/eComment/, 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. 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. For more information about this permit application or the permitting process, please call the TCEQ Public Education Program, toll free, at (800) 687-4040 or visit their website at www.tceq.texas.gov/goto/pep. Si desea información en español, puede llamar al (800) 687-4040.

Further information may also be obtained from Steel Dynamics Southwest, LLC at the address stated above or by calling Mr. Terald E. Smith, P.G., Hanson Professional Services Inc., at (361) 814-9900.

Issued: October 21, 2020

TRD-202004440

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 22, 2020

Enforcement Orders

An agreed order was adopted regarding Harrington Environmental Services, LLC, Docket No. 2019‑0350‑MLM‑E on October 13, 2020, assessing $5,830 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.

TRD-202004514

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 28, 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 162872

APPLICATION. Tex-Mix Partners Ltd., P.O. Box 830, Leander, Texas 78646-0830 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 162872 to authorize the operation of a permanent concrete batch plant. The facility is proposed to be located at 22024 Woodway Drive, Woodway, McLennan County, Texas 76712. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=31.484444&lng=-97.260555&zoom=13&type=r. This application was submitted to the TCEQ on September 29, 2020. The primary function of this plant is to manufacture concrete by mixing materials including (but not limited to) sand, aggregate, cement and water. The executive director has determined the application was technically complete on October 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:

Monday, November 30, 2020, at 6:00 p.m.

Members of the public who would like to ask questions or provide comments during the hearing may access the hearing via webcast by following this link: https://www.gotomeeting.com/webinar/join-webinar and entering Webinar ID 563-535-955. It is recommended that you join the webinar and register for the public hearing at least 15 minutes before the hearing 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 may call (512) 239-1201 at least one day prior to the hearing for assistance in accessing the hearing and participating telephonically. Members of the public who wish to only listen to the hearing may call, toll free, (415) 655-0060 and enter access code 915-104-308. Additional information will be available on the agency calendar of events at the following link:

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

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

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

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

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

Further information may also be obtained from Tex-Mix Partners, Ltd., P.O. Box 830, Leander, Texas 78646-0830, or by calling Mr. Aaron Dalton, Project Engineer, Tex-Mix Partners, Ltd., at (512) 759-1438.

Notice Issuance Date: October 23, 2020

TRD-202004486

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 26, 2020

Notice of Commission Action and Response to Public Comments on General Permit TXG640000

After consideration of all public comments and the responses to such comments, the Texas Commission on Environmental Quality (TCEQ) issued new Texas Pollutant Discharge Elimination System General Permit Number TXG640000 during its public meeting on October 7, 2020. This general permit authorizes the discharge of wastewater generated as a result of conventional water treatment at water treatment facilities into or adjacent to water in the state. The TCEQ also issued the Commission's Response to Public Comment. The issued permit and the Commission's Response to Public Comment are available at the TCEQ Central File Room and on the TCEQ website at: https://www.tceq.texas.gov/permitting/wastewater/general/index.html.

As part of the unprecedented response to coronavirus in Texas, and in light of the governor's recent disaster declaration, TCEQ will be operating remotely and with minimal staff in our offices, which impacts our staff's ability to access records.

During this time, the TCEQ central file room customer viewing area will be closed. Requests for information can be submitted through e-mail at cfrreq@tceq.texas.gov or through the central file room online at https://records.tceq.texas.gov/cs/idcplg?IdcService=TCEQ_SEARCH.

For additional information on the TCEQ's coronavirus response and policies see: https://www.tceq.texas.gov/response/covid-19. Please continue to check our website for updates as the situation develops.

TRD-202004497

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: October 27, 2020

Notice of Correction to Agreed Order Number 1

In the October 9, 2020, issue of the Texas Register (45 TexReg 7325), the Texas Commission on Environmental Quality (commission) published a notice of an Agreed Order, specifically item Number 1, for BZSTAR'S 2, INC. dba EZ Trip 2. The error is as submitted by the commission.

The reference to the penalty should be corrected to read: "$4,125."

For questions concerning this error, please contact Kevin Bartz at (512) 239-6225.

TRD-202004493

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: October 27, 2020

Notice of District Petition

Notice issued October 23, 2020

TCEQ Internal Control No. D-07302020-050; M/I Homes of Austin, LLC, an Ohio limited liability company and Meritage Homes of Texas, LLC, an Arizona limited liability company (Petitioners) filed a petition for creation of Buda Municipal Utility District No. 1 of Hays County (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioners hold title to a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 168.883 acres located within Hays, Texas; and (4) all of the land within the proposed District is within the corporate limits of Buda. By Ordinance No. 2020-12, passed and adopted on June 2, 2020 the Buda, Texas, gave its consent to the creation of the proposed District, pursuant to Texas Water Code §54.016. The petition further states that is the proposed district will design, construct, acquire, maintain, extend, finance, and issue bonds for : (1) a water works and sanitary sewer system for domestic and commercial purposes; (2) works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the District, and to control, abate and amend local storm waters or other harmful excesses of waters; (3) such other additional facilities, systems, plants and enterprises as are consistent with all of the purposes for which the District is created and; (4) the design, acquisition, construction, financing, and issuance of bonds for roads and improvements in aid of roads. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioners that the cost of said project will be approximately $32,053,148. However, the financial analysis in the application was based on $40,220,000 ($22,760,000 for water, wastewater, and drainage plus $17,460,000 for roads).

INFORMATION SECTION

To view the complete issued notice, view the notice on our web site at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.

The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. 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) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. 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. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.texas.gov

TRD-202004478

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 26, 2020

Notice of Hearing Cherryville GP, Inc. and Cherryville #5, LTD.: SOAH Docket No. 582-20-4388; TCEQ Docket No. 2020-0308-MWD; Permit No. WQ0015738001

APPLICATION. Cherryville GP, Inc. and Cherryville #5, Ltd., 10127 Tate Lane, Frisco, Texas 75033, has applied to the Texas Commission on Environmental Quality (TCEQ) for new Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0015738001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 160,000 gallons per day. TCEQ received this application on November 5, 2018.

The facility will be located approximately 600 feet south of the intersection of Dickerson Road and State Highway 80, east of State Highway 80, in Caldwell County, Texas 78655. The treated effluent will be discharged to Dickerson Creek, thence to Lower San Marcos River in Segment No. 1808 of the Guadalupe River Basin. The unclassified receiving water use is limited aquatic life use for Dickerson Creek. The designated uses for Segment No. 1808 are primary contact recreation, public water supply, and high aquatic life use. In accordance with 30 Texas Administrative Code (TAC) §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. This review has preliminarily determined that no water bodies with exceptional, high, or intermediate aquatic life uses are present within the stream reach assessed; therefore, no Tier 2 degradation determination is required. No significant degradation of water quality is expected in water bodies with exceptional, high, or intermediate aquatic life uses downstream, and existing uses will be maintained and protected. The preliminary determination can be reexamined and may be modified if new information is received. 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=-97.80165%2C29.813014&level=12. For the exact location, refer to the application.

The TCEQ Executive Director has prepared a draft permit which, 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. The permit application, executive director's preliminary decision, and draft permit are available for viewing and copying at the County Courthouse, 110 South Main Street, Lockhart, Texas.

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. - December 8, 2020

To join the Zoom meeting via computer:

https://soah-texas.zoomgov.com/j/1615847071?pwd=N29zRENHZStKQk5JUGtrN21ZOTZUUT09

Meeting ID: 161 584 7071

Password: $C6Bgk

To join the Zoom meeting via telephone:

(346) 248-7799

Meeting ID: 161 584 7071

Password: 751587

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 a legal proceeding 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 July 6, 2020. In addition to these issues, the judge may consider additional issues if certain factors are met.

The hearing will be conducted in accordance with Chapter 2001, Texas Government Code; Chapter 26, Texas Water Code; 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 adversely affected by the application in a way not common to members of 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.

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 about the TCEQ can be found at our web site at www.tceq.texas.gov.

Further information may also be obtained from Cherryville GP, Inc. and Cherryville #5, Ltd. at the address stated above or by calling Ms. Jennifer Scholl, J.D., Armbrust & Brown, PLLC, at (512) 435-2380.

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.

Issued: October 27, 2020

TRD-202004511

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 27, 2020

Notice of Hearing Great Escapes Opportunity Zone Fund, LLC: SOAH Docket No. 582-21-0314; TCEQ Docket No. 2020-0839-MWD; Permit No. WQ0015802001

APPLICATION.

Great Escapes Opportunity Zone Fund, LLC, 2539 South Gessner Road, Suite 13, Houston, Texas 77063, has applied to the Texas Commission on Environmental Quality (TCEQ) for new Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0015802001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day. TCEQ received this application on May 24, 2019.

The facility will be located at 16740 Albert Voelker Road, in Travis County, Texas 78621. The treated effluent will be discharged to a roadside ditch, thence to an unnamed tributary of Willow Creek, thence to Willow Creek, thence to Cottonwood Creek, thence to Wilbarger Creek, thence to the Colorado River Above La Grange in Segment No. 1434 of the Colorado River Basin. The unclassified receiving water uses are minimal aquatic life use for the roadside ditch, limited aquatic life use for the unnamed tributary of Willow Creek, Willow Creek, and Cottonwood Creek, and high aquatic life use for Wilbarger Creek. The designated uses for Segment No. 1434 are primary contact recreation, public water supply, and exceptional aquatic life use. In accordance with 30 Texas Administrative Code (TAC) §307.5 and the TCEQ's Procedures to Implement the 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 Wilbarger Creek, which has 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. 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=-97.4475%2C30.346666&level=12. For the exact location, refer to the application.

The TCEQ Executive Director has prepared a draft permit which, 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. The permit application, Executive Director's preliminary decision, and draft permit are available for viewing and printing at: http://www.m3engineering.com/tceq. To request copies by phone, please contact Troy Moore at (512) 820-3265.

CONTESTED CASE HEARING.

10:00 a.m. -- December 9, 2020

To join the Zoom meeting via computer:

https://soah-texas.zoomgov.com/j/1603116249?pwd=SVhmSVR1dWxvUTFVR1p0S2Q4Vi9LZz09

Meeting ID: 160 311 6249

Password: L2=5V&

To join the Zoom meeting via telephone:

(346) 248-7799

Meeting ID: 160 311 6249

Password: 872492

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 a legal proceeding 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 August 27, 2020. In addition to these issues, the judge may consider additional issues if certain factors are met.

INFORMATION.

Further information may also be obtained from Great Escapes Opportunity Zone Fund, LLC, at the address stated above or by calling Mr. Troy Moore, P.E., M3 Engineering, at (512) 820-3265.

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.

Issued: October 27, 2020

TRD-202004512

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 27, 2020

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 December 9, 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 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 December 9, 2020. 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: Mark Alvarez, L.L.C.; DOCKET NUMBER: 2019-1234-AIR-E; TCEQ ID NUMBER: RN105809016; LOCATION: 1421 North Lee Trevino Drive, Suite C1, El Paso, El Paso County; TYPE OF FACILITY: auto refinishing and body shop; 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 §115.421(12), by causing, suffering, allowing, or permitting volatile organic compound emissions to exceed the coatings and solvents emissions limit as delivered to the application system; PENALTY: $2,625; STAFF ATTORNEY: Taylor Pearson, Litigation Division, MC 175, (512) 239-5937; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

TRD-202004492

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: October 27, 2020

Notice of Opportunity to Comment on Agreed 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 Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is December 9, 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 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 December 9, 2020. Comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The designated attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: ALFE PROPERTIES LLC; DOCKET NUMBER: 2019-1201-AIR-E; TCEQ ID NUMBER: RN109638338; LOCATION: secondary aluminum production plant; TYPE OF FACILITY: 8303 Hansen Road, Houston, Harris County; RULES VIOLATED: Texas Health and Safety Code (THSC), §382.085(b), 30 TAC §106.322(3), and Permit by Rule (PBR) Registration Number 151637, by failing to ensure the furnace charge door remains closed except during charging and furnace cleaning operations; THSC, §382.085(b), 30 TAC §101.20(2) and §106.322(4), 40 Code of Federal Regulations (CFR) §63.1506(h)(1)(ii), and PBR Registration Number 151637, by failing to maintain the three-hour block average operating temperature of each afterburner at or above 1,600 degrees Fahrenheit; THSC, §382.085(b), 30 TAC §106.8(c)(2)(B) and (c)(4), and §106.322(7), and PBR Registration Numbers 145031 and 151637, by failing to maintain records containing sufficient information to demonstrate compliance with all applicable PBR conditions; THSC, §382.085(b), 30 TAC §101.20(2), and 40 CFR §63.1510(b), by failing to prepare and implement an operation, maintenance, and monitoring plan for each new or existing affected source or emission unit; THSC, §382.085(b), 30 TAC §101.20(2), and 40 CFR §63.1510(d)(2)(i), by failing to conduct annual flow rate measurements; THSC, §382.085(b), 30 TAC §101.20(2), and 40 CFR §63.1510(g)(3), by failing to maintain records for the annual comprehensive inspection of each afterburner; THSC, §382.085(b), 30 TAC §101.20(2), and 40 CFR §63.1516(b), by failing to submit the semi-annual excess emissions/summary reports within 60 days after the end of each six-month period; THSC §382.085(b), 30 TAC §101.20(2) and §106.6(b), 40 CFR §63.1506(a)(5), and PBR Registration Numbers 145031 and 151637, by failing to comply with all representations with regards to construction plans, operating procedures, and maximum emission rates; and THSC, §382.085(b) and 30 TAC §111.201, by causing, suffering, allowing, or permitting outdoor burning within the state of Texas; PENALTY: $16,543; STAFF ATTORNEY: Jess Robinson, Litigation Division, MC 175, (512) 239-0455; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(2) COMPANY: City of Sanger; DOCKET NUMBER: 2018-0273-MWD-E; TCEQ ID NUMBER: RN103014155; LOCATION: 300 Jones Street, Sanger, Denton County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0014372001, Interim Effluent Limitations and Monitoring Requirements Number One, by failing to comply with permitted effluent limitations; TWC, §26.121(a)(1), 30 TAC §305.125(1), and TPDES Permit Number WQ0014372001, Interim Effluent Limitations and Monitoring Requirements Numbers one, two and six, by failing to comply with permitted effluent limitations; TWC, §26.121(a)(1), 30 TAC §305.125(1) and (5), and TPDES Permit Number WQ0014372001, Operational Requirements Number one, by failing to ensure the facility and all of its systems of collection, treatment, and disposal are properly operated and maintained; 30 TAC §305.125(1) and (5) and TPDES Permit Number WQ0014372001, Operational Requirements Number one, by failing to ensure the facility and all of its systems of collection, treatment, and disposal are properly operated and maintained; TWC, §26.121(a)(1), 30TAC §305.125(1) and TPDES Permit Number WQ0014372001, Interim Effluent Limitations and Monitoring Requirements Number four, by failing to prevent the unauthorized discharge of wastewater into or adjacent to any water in the state; 30 TAC §305.125(1) and (17) and §319.7(d) and TPDES Permit Number WQ0014372001, Monitoring and Reporting Requirements Number one, by failing to timely submit monitoring results at intervals specified in the permit; 30 TAC §305.125(1) and TPDES Permit Number WQ0014372001, Monitoring and reporting Requirements Number 7.c., by failing to report to the TCEQ in writing any effluent violation which deviates from the permitted effluent limitation by more than 40% within five working days of becoming aware of noncompliance; 30 TAC §305.125(1) and (11)(B) and §319.7(c) and TPDES Permit Number WQ0014372001, Monitoring and Reporting Requirements Number 3.b., by failing to maintain records of monitoring activities at the facility and make them readily available for review by a TCEQ representative; and 30 TAC §305.125(1) and (17) and §319.7(d) and TPDES Permit Number WQ0014372001, Monitoring and Reporting Requirements Number one, by failing to submit monitoring results at intervals specified in the permit; PENALTY: $64,500; STAFF ATTORNEY: Ryan Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Donald S. Fletcher dba Equestrian Estates; DOCKET NUMBER: 2017-1574-PWS-E; TCEQ ID NUMBER: RN101239077; LOCATION: 133 Horseshoe Bend near Stephenville, Erath County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.117(c)(2)(A), and (h), and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required ten sample sites, have the samples analyzed, and report the results to the executive director (ED), and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples; 30 TAC §§290.117(f)(1)(A)(ii), and 290.117(i)(7), and 290.122(b)(2)(A) and (f), by failing to perform and submit a corrosion control study to identify optimal corrosion control treatment for the system, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to perform and submit a corrosion control study; 30 TAC §290.117(i)(6) and (j), by failing to provide consumer notification of lead tap water monitoring results to persons served at the sites (taps) that were tested, and failing to mail a copy of the consumer notification of tap results to the ED along with certification that the consumer notification has been distributed; 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples; and TWC, §5.702 and 30 TAC §291.76, by failing to pay Regulatory Assessment Fees for TCEQ Public Utility Account regarding Certificate of Convenience and Necessity Number 13099; PENALTY: $953; STAFF ATTORNEY: Jake Marx, Litigation Division, MC 175, (512) 239-5111; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: EE-TDF Cleveland LLC; DOCKET NUMBER: 2018-1433-MSW-E; TCEQ ID NUMBER: RN103100202; LOCATION: 1400 South Travis Avenue, Cleveland, Liberty County; TYPE OF FACILITY: scrap tire facility; RULES VIOLATED: 30 TAC §328.60(d), by failing to submit an application for renewal at least 60 days prior to the expiration date of the scrap tire storage site registration - specifically, Tire Registration Number 6200422 expired on September 6, 2017, and the facility is still operating without authorization; 30 TAC §328.61(b)(1), by failing to maintain the limit of tire piles of whole used or scrap tires on the ground that cover an area no greater than 8,000 square feet - specifically, approximately 1,017,885 tires noted in the July 12, 2018 investigation were improperly stored at the facility with seven scrap tire piles observed to be greater than 8,000 square feet; 30 TAC §328.61(c), by failing to maintain a minimum separation of 40 feet between outdoor piles consisting of scrap tires or tire pieces - specifically, the tires noted in the July 12, 2018 investigation were improperly stored at the facility with the tire piles observed to be within 40 feet of each other; 30 TAC §328.61(d), by failing to ensure that outdoor piles consisting of scrap tires or tire pieces and entire buildings used to store scrap tires or tire pieces are not within 40 feet of the property line or easements of the scrap tire storage site - specifically, the tires noted in the July 12, 2018 investigation were improperly stored at the facility with tire piles located within approximately 26 feet of the scrap tire storage areas; 30 TAC §328.62(a)(1), by failing to maintain on-site at all times a copy of the registration application with all supporting data - specifically, the approved storage site layout plan, the approved site engineering information, latest approved closure cost estimate, current financial assurance mechanism, and a copy of the commission's current rules were not available for review; and 30 TAC §328.63(d)(3), by failing to monitor for vector control and apply appropriate vector control measures when needed, but in no event less than once every two weeks; PENALTY: $123,750; STAFF ATTORNEY: Ryan Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(5) COMPANY: Internal Revenue Service; DOCKET NUMBER: 2019-1392-PST-E; TCEQ ID NUMBER: RN101697340; LOCATION: 3651 South Interstate 35, Austin, Travis County; TYPE OF FACILITY: underground storage tank (UST) system; RULES VIOLATED: TWC, §26.3475(b) and 30 TAC §334.50(b)(2)(B)(i)(I), by failing to provide release detection for the suction piping associated with the UST system - specifically, the respondent has not conducted the triennial piping tightness test; PENALTY: $3,375; STAFF ATTORNEY: Kevin Bartz, Litigation Division, MC 175, (512) 239-6225; REGIONAL OFFICE: Austin Regional Office, 12100 Park 35 Circle, Building A, Room 179, Austin, Texas 78753, (512) 339-2929.

(6) COMPANY: NNP TRADING, INC. dba Easy Food Mart; DOCKET NUMBER: 2019-0899-PST-E; TCEQ ID NUMBER: RN102042710; LOCATION: 5400 Brentwood Stair Road, Fort Worth, Tarrant County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1); 30 TAC §334.50(b)(1)(A), and TCEQ Findings Order, Docket Number 2016-1352-PST-E, Ordering Provision Number 3.b., by failing to monitor the USTs in a manner that will detect a release at a frequency of at least once every 30 days; and 30 TAC §334.605(a), by failing to ensure that the certified Class A and B operator is retrained within three years of the last training date; PENALTY: $33,675; STAFF ATTORNEY: John S. Merculief II, Litigation Division, MC 175, (512) 239-6944; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Noor Ali dba Brazos Bend Home & Ranch and TANK WORKS, INC. dba Brazos Bend Home & Ranch; DOCKET NUMBER: 2018-0856-PWS-E; TCEQ ID NUMBER: RN101176592; LOCATION: 22930 Farm-to-Market Road 1462 near Needville, Fort Bend County; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.109(d)(4)(B), by failing to collect, within 24 hours of notification of the routine distribution total coliform-positive samples on July 31, 2017, at least one raw groundwater source Escherichia coli (or other approved fecal indicator) sample from each active groundwater source in use at the time the distribution coliform-positive samples were collected; PENALTY: $241; 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.

(8) COMPANY: SK Alliance Inc dba On the Road 103; DOCKET NUMBER: 2018-0991-PST-E; TCEQ ID NUMBER: RN103730917; LOCATION: 4110 South 1st Street, Lufkin, Angelina County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b)(2), by failing to assure that all UST recordkeeping requirements were met - specifically, corrosion protection and overfill protection records were not available for review; and TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system - specifically, respondent did not conduct the annual line leak detector and piping tightness tests; PENALTY: $9,424; STAFF ATTORNEY: Kevin Bartz, Litigation Division, MC 175, (512) 239-6225; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(9) COMPANY: WEIKEL ENTERPRISES, INC. dba Weikel's Store & Bakery; DOCKET NUMBER: 2019-0031-PST-E; TCEQ ID NUMBER: RN101696136; LOCATION: 2247 West State Highway 71 near La Grange, Fayette County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(B), by failing to monitor the USTs for releases at a frequency of at least once every 30 days; PENALTY: $6,750; STAFF ATTORNEY: Taylor Pearson, Litigation Division, MC 175, (512) 239-5937; REGIONAL OFFICE: Austin Regional Office, 12100 Park 35 Circle, Building A, Room 179, Austin, Texas 78753, (512) 339-2929.

TRD-202004491

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: October 27, 2020

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

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 December 9, 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 December 9, 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 number; however, comments on the S/DOs shall be submitted to the commission in writing.

(1) COMPANY: ASAA ENTERPRISES INC dba Stop & Save; DOCKET NUMBER: 2018-1717-PST-E; TCEQ ID NUMBER: RN102858974; LOCATION: 1151 East Seminary Drive, Fort Worth, Tarrant 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 in a manner which will detect a release at a frequency of at least once every 30 days; 30 TAC §334.10(b), by failing to assure that all UST recordkeeping requirements are met; and 30 TAC §334.602(a), by failing to designate, train, and certify at least one named individual for each class of operator - Class A, B, and C for the facility; PENALTY: $5,512; STAFF ATTORNEY: Kevin Bartz, Litigation Division, MC 175, (512) 239-6225; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: JC & G Company, LLC dba Grace's one stop; DOCKET NUMBER: 2019-1018-PST-E; TCEQ ID NUMBER: RN101443877; LOCATION: 4129 Farm-To-Market Road 356, Trinity, Trinity 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 2016-1205-PST-E, Ordering Provision Number 2.a., by failing to monitor the USTs for releases at a frequency of at least once every 30 days; and 30 TAC §334.10(b)(2), by failing to assure that all UST recordkeeping requirements are met; PENALTY: $36,300; STAFF ATTORNEY: Christopher Mullins, Litigation Division, MC 175, (512) 239-0141; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

TRD-202004490

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: October 27, 2020

Notice of Public Meeting for TPDES Permit for Municipal Wastewater Discharge: New Permit No. WQ0015839001

APPLICATION. Brickston Municipal Utility District, 3300 Bee Caves Road, Suite 650, No. 189, West Lake Hills, Texas 78746, has applied to the Texas Commission on Environmental Quality (TCEQ) for new Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0015839001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day.

The facility will be located approximately 2,000 feet northwest of the intersection of Albert Voelker Road and U.S. Highway 290 East, in Travis County, Texas 78621. The treated effluent will be discharged to Willow Creek, thence to Cottonwood Creek, thence to Wilbarger Creek, thence to Colorado River Above La Grange in Segment No. 1434 of the Colorado River Basin. The unclassified receiving water uses are limited aquatic life use for Willow Creek and Cottonwood Creek and high aquatic life use for Wilbarger Creek. The designated uses for Segment No. 1434 are primary contact recreation, public water supply, and exceptional aquatic life use. 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=-97.455555%2C30.353611&level=12

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 Wilbarger Creek, which has 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.

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

PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments about this application. The TCEQ will hold a public meeting on this application because of a legislator request and significant public interest.

The Public Meeting is to be held:

Tuesday, December 8, 2020 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 371-927-723. 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 may call (512) 239-1201 at least one day prior to the meeting for assistance in accessing the meeting and participating telephonically. Members of the public who wish to only listen to the meeting may call, toll free, (914) 614-3221 and enter access code 436-220-635. Additional information will be available on the agency calendar of events at the following link: https://www.tceq.texas.gov/agency/decisions/hearings/calendar.html.

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

The permit application, Executive Director's preliminary decision, and draft permit are available for viewing and copying at Elgin Public Library, 404 North Main Street, Elgin, Texas. Due to the public health and safety concerns caused by the global COVID-19 pandemic, the City of Elgin has closed its public library to the public. The permit application, Executive Director's preliminary decision and draft permit are now posted online at https://www.doucetengineers.com/project/brickston-municipal-utility-district-wastewater-treatment-plant/ and are available for viewing and downloading. When the City of Elgin reopens the Elgin Public Library, 404 North Main Street, Elgin, Texas, the permit application, Executive Director's preliminary decision and draft permit will be available for viewing and copying at the library. Further information may also be obtained from Brickston Municipal Utility District at the address stated above or by calling Mr. Keith Young, P.E., Doucet and Associates, Inc., at (512) 583-2600.

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

Issuance Date: October 21, 2020

TRD-202004441

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 22, 2020

Notice of Water Rights Application

Notice issued October 26, 2020

APPLICATION NO. 13676; The City of Corpus Christi (Applicant), P.O. Box 9277, Corpus Christi, Texas 78469, seeks a water use permit to authorize the diversion and use of not to exceed 93,148 acre-feet of water per year, at a maximum diversion rate of 129 cfs (57,708 gpm), from a diversion reach on Tule Lake Channel (Corpus Christi Ship Channel), Nueces-Rio Grande Coastal Basin in Nueces County for municipal purposes in Nueces, Kleberg, San Patricio and Aransas counties. Applicant also seeks an exempt interbasin transfer to the portions of Nueces County within the Nueces River Basin and the San Antonio-Nueces Coastal Basin, to the portions of Nueces and San Patricio counties within the San Antonio-Nueces Coastal Basin and to Aransas County within the San Antonio-Nueces Coastal Basin. More information on the application and how to participate in the permitting process is given below. The application and fees were received on January 22, 2020. Additional information was received on February 4, 2020. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on February 26, 2020. The Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would include special conditions including, but not limited to, installation of measuring devices. The application, technical memoranda, and Executive Director's draft permit are available for viewing on the TCEQ web page at: www.tceq.texas.gov/permitting/water_rights/wr-permitting/wr-apps-pub-notice. 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, within 30 days of the date of newspaper publication of the notice. To view the complete issued notice, view the notice on our web site at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results. A public meeting is intended for the taking of public comment, and is not a contested case hearing. The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement [I/we] request a contested case hearing; and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below. If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

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

TRD-202004510

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 27, 2020

Update to the Water Quality Management Plan (WQMP)

The Texas Commission on Environmental Quality (TCEQ or commission) requests comments from the public on the draft October 2020 Update to the WQMP for the State of Texas.

Download the draft October 2020 WQMP Update at https://www.tceq.texas.gov/permitting/wqmp/WQmanagement_updates.html or view a printed copy at the TCEQ Library, Building A, 12100 Park 35 Circle, Austin, Texas. Please periodically check the following website for updates, in the event the TCEQ Library is closed due to COVID-19 restrictions: https://www.tceq.texas.gov/permitting/wqmp/WQmanagement_comment.html.

The WQMP is developed and promulgated in accordance with the requirements of Federal Clean Water Act, §208. The draft update includes projected effluent limits of specific domestic dischargers, which may be useful for planning in future permit actions. The draft update may also contain service area populations for listed wastewater treatment facilities, designated management agency information, and total maximum daily load (TMDL) revisions.

Once the commission certifies a WQMP update, it is submitted to the United States Environmental Protection Agency (EPA) for approval. For some Texas Pollutant Discharge Elimination System (TPDES) permits, the EPA's approval of a corresponding WQMP update is a necessary precondition to TPDES permit issuance by the commission.

Deadline

All comments must be received at the TCEQ no later than 5:00 p.m. December 9, 2020.

How to Submit Comments

Comments must be submitted in writing to:

Nancy Vignali

Texas Commission on Environmental Quality

Water Quality Division, MC 150

P.O. Box 13087

Austin, Texas 78711-3087

Comments may also be faxed to (512) 239-4420 or emailed to Nancy Vignali at Nancy.Vignali@tceq.texas.gov, but must be followed up with written comments by mail within five working days of the fax or email date or by the comment deadline, whichever is sooner.

For further information, or questions, please contact Ms. Vignali at (512) 239-1303 or by email at Nancy.Vignali@tceq.texas.gov.

TRD-202004495

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: October 27, 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: Runoff Report due July 6, 2020

Teresa J. Hawthorne, P.O. Box 670844, Dallas, Texas 75367

Deadline: Semiannual Report due July 15, 2020

Angela K. Hayes, 4848 Pin Oak Park Apt. 425, Houston, Texas 77081

Juan R. Hernandez, P.O. Box 29275, San Antonio, Texas 78229

Brent Huffman, 2415 N. 10th Street, McAllen, Texas 78501

Van Q. Huynh, P.O. Box 420893, Houston, Texas 77242

Finnigan Jones, 1133 W. Tucker Blvd., Arlington, Texas 76013

Shawn W. Jones, 4408 Fremont Ln., Plano, Texas 75093

Claver T. Kamau-Imani, 11839 Moss Branch Rd., Houston, Texas 77043

Robert A. Kasprzak, 2257 N. Loop 336 W. Ste. 140214, Conroe, Texas 77304

Carey F. Lashley, 7810 Candle Ln., Houston, Texas 77071

Casey W. Littlejohn, 212 Mesa Dr., Glenn Heights, Texas 75154

Aimee Garza Lopez, P.O. Box 262148, Plano, Texas 75026

Teodulo Lucio Lopez, 210 W. Cano, Ste. B, Edinburg, Texas 78539

John Lujan III, 20003 FM 1937, San Antonio, Texas 78221

Joshua K. Markle, P.O. Box 802, Deer Park, Texas 77536

Marilynn S. Mayse, 2201 Main St. Ste 1220, Dallas, Texas 75201

Tessa McGlynn. 2806 Andrea Ln, Garland, Texas 75040

Larry McKinzie, 3930 Porter Street, Houston, Texas 77021

Dennis A. Miller II, 8776 CR 3410, Brownsboro, Texas 75756

Deondre Moore, 9803 W Sam Houston Pkwy S 2260, Houston, Texas 77099

Michelle D. Moore, P.O. Box 29275, San Antonio, Texas 78229

Melissa M. Morris, 7650 Springhill St. Unit 704, Houston, Texas 77021

James L. Murphy III, 3030 Altura Ave., El Paso, Texas 79930

Demetria Nelson-McNaulty, 21318 Auburn Reach Dr., Porter, Texas 77365

Anna L. Nunez, P.O. Box 30129, Houston, Texas 77249

George L. Powell, 1200 Congress Ave. 1st Floor, 280th Court, Houston, Texas 77002

Deadline: Lobby Activities Report due August 10, 2020

Lorena I. Campos, 1005 Congress Ave., Ste. 152, Austin, Texas 78701

TRD-202004502

Anne Peters

Executive Director

Texas Ethics Commission

Filed: October 27, 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 October 12, 2020 to October 23, 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, October 30, 2020. The public comment period for this project will close at 5:00 p.m. on Sunday, November 29, 2020.

FEDERAL AGENCY ACTIONS:

Applicant: Matagorda County

Location: The project site is located in the Gulf of Mexico, in Sargent, Matagorda County, Texas.

Latitude & Longitude (NAD 83): 28.753847, -95.647592

Project Description: The applicant proposes to construct five segmented offshore breakwaters and one angled terminal groin, and conduct beach nourishment activities at Sargent Beach on the Matagorda Peninsula for the purpose of reducing erosion and retaining sand along the beach. The breakwaters are 440 feet long, spaced 660 feet apart, in 4-foot depth of water. The angled terminal groin is approximately 1,945 feet long and extends to 8-foot depth of water. The structures will fill 5.5 acres of the open waters of the Gulf of Mexico. Beach nourishment activities are proposed at locations north and south of Mitchell's Cut Inlet. The north beach nourishment area is 8,000 linear feet. The south beach nourishment area is 3,250 linear feet. Beach nourishment will follow construction of the breakwater and terminal groin structures; subsequent nourishment efforts will occur as needed based on project monitoring results. Biological monitors will be onsite during nourishment activities and sand will not be placed on existing beach vegetation, dunes, or dune vegetation. The applicant has identified seven sand source locations; five upland dredged material placement areas (DMPAs) and two nearshore, submerged sites.

Type of Application: U.S. Army Corps of Engineers (USACE) permit application # SWG-2018-00678. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899. 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: 21-1056-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-202004509

Mark A. Havens

Chief Clerk and Deputy Land Commissioner

General Land Office

Filed: October 27, 2020

Texas Health and Human Services Commission

Notice of Public Hearing on Proposed Amendment to §355.8201, relating to Waiver Payments to Hospitals for Uncompensated Care

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on November 17, 2020, at 2:00 p.m., to receive comment on proposed amendment to §355.8201, relating to Waiver Payments to Hospitals for Uncompensated Care.

Due to the declared state of disaster stemming from COVID-19, this hearing will be conducted online only. No physical entry to the hearing will be permitted.

Please register for the HHSC Public Hearing for Proposed Amendment to Waiver Payments to Hospitals for Uncompensated Care to be held on November 17, 2020, 2:00 p.m. CST at:

https://attendee.gotowebinar.com/register/1916956052650995469

After registering, you will receive a confirmation email containing information about joining the webinar.

HHSC will broadcast the public hearing. The broadcast will be archived for access on demand and can be accessed at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings.

Proposal. HHSC proposes to amend §355.8201, relating to Waiver Payments to Hospitals for Uncompensated Care. The proposed amendment was published in the November 6, 2020, issue of the Texas Register.

Background and Purpose. The purpose of the proposal is to revise the secondary reconciliation process applied to hospitals that requested an adjustment to their interim hospital-specific limit (HSL) for purposes of calculating uncompensated care (UC) payments in demonstration years 6 through 8 (October 1, 2016 to September 30, 2019), and to describe the methodology HHSC will use to redistribute recouped funds. The amendment to the secondary reconciliation process is in response to a petition for rulemaking.

Written Comments. Written comments regarding the proposal may be sent by U.S. mail to HHSC, Mail Code H400, P.O. Box 13247, Austin, Texas 78711-3247, or by e-mail to RAD_1115_Waiver_Finance@hhsc.state.tx.us.

To be considered, comments must be (1) postmarked or shipped before December 7, 2020; (2) hand-delivered before 5:00 p.m. on December 7, 2020; or (3) e-mailed before midnight on December 7, 2020. When e-mailing comments, please indicate "Comments on Proposed Rule 21R012" in the subject line.

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. Therefore, please submit comments by email if possible.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Program Fiscal Coordination at (512) 695-4122 at least 72 hours before the hearing so appropriate arrangements can be made.

TRD-202004513

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: October 27, 2020

Public Notice -- Amendment to the Healthy Texas Women (HTW) Waiver

The Health and Human Services Commission (HHSC) plans to submit a request to the Centers for Medicare & Medicaid Services (CMS) for an amendment to the Healthy Texas Women (HTW) waiver under section 1115 of the Social Security Act. CMS has approved this waiver through December 31, 2024.

This amendment is being requested to comply with Texas Health and Safety Code, Section 32.102, as added by Senate Bill (S.B.) 750, 86th Legislature, Regular Session, 2019. Section 32.102 requires HHSC to evaluate postpartum care services provided to women enrolled in the HTW program after the first 60 days of the postpartum period and, based on the evaluation, develop enhanced, cost-effective, and limited postpartum care services for women enrolled in the program. HHSC launched the enhanced postpartum care services package, called HTW Plus, for eligible women enrolled in HTW on September 1, 2020, using state general revenue funds.

S.B. 750 directs HHSC to seek an amendment to the Section 1115 Demonstration Waiver to obtain CMS approval to draw down federal funds for the postpartum care services.

The postpartum care services will focus on treating major health conditions recognized as contributing to maternal morbidity and mortality in Texas. A description of the health conditions and the services offered to treat them are as follows:

Postpartum depression and other mental health conditions

--individual, family and group psychotherapy services;

--peer specialist services;

Cardiovascular and coronary conditions

--cardiovascular evaluation imaging and laboratory studies;

--blood pressure monitoring;

--anticoagulant, antiplatelet, and antihypertensive medications;

Substance use disorders

--screening, brief intervention, and referral for treatment;

--outpatient substance use counseling;

--smoking cessation services;

--medication-assisted treatment;

--peer specialist services;

Diabetes

--glucose monitoring supplies;

Asthma

--treatment services.

If approved by CMS, the waiver amendment proposed by HHSC will provide federal matching funds for postpartum care services for women enrolled in HTW, with an effective date of April 1, 2021.

On October 16, 2020, by notice in the Texas Register (45 TexReg 7475), HHSC first provided notice of its intent to request an amendment to HTW. HHSC is updating its notice to provide the following additional information:

Under the current approved HTW waiver, the objectives of Medicaid (Title XIX of the Social Security Act) are promoted by providing coverage of family planning services to low income women who would not otherwise have coverage. The requested amendment helps meet the above federal objective as well as state objectives outlined in the HTW waiver by increasing access to women's health services and improving health outcomes for low income women by providing additional family planning and inter-conception services to eligible women. HTW Plus also provides additional preventive services, such as diabetes testing and postpartum depression treatment services, which positively impact the health and well-being of enrolled women. In addition, these services treat the underlying conditions associated with the key drivers of maternal mortality in Texas. Preventive health services are expected to improve birth outcomes, improve maternal health outcomes, and reduce maternal morbidity and mortality.

The amendment also helps meet the HTW objective to reduce the overall cost of publicly funded health care by providing low-income Texans access to safe, effective services and promoting improved health, wellness, and preventive healthcare.

HHSC will also be submitting a budget neutrality amendment due to the impact of HTW Plus services. The anticipated result of implementing HTW Plus is an increased per member per month (PMPM) cost in the HTW program due to the addition of the HTW Plus services, as the original development of the PMPM did not include these additional services.

The budget neutrality amendment estimated the number of HTW Plus utilizers based primarily on the number of women receiving Medicaid for pregnant women who have auto-enrolled into HTW. HHSC identified Texas Medicaid medical procedure codes and drugs available as part of the HTW Plus service array and analyzed utilization levels in the Medicaid for pregnant women population. Utilization rates for these HTW Plus services have been estimated based on SFY19 utilization data of Medicaid for pregnant women. Psychotherapy services assume higher utilization to account for potential demand due to postpartum depression.

HHSC will also be submitting updates to the existing HTW evaluation design, as the existing evaluation design does not include any evaluation questions, hypotheses, or measures directly related to HTW Plus services. Given the overlap between the objectives of HTW and HTW Plus, the addition of HTW Plus may also impact some measures included in the existing HTW evaluation design.

HHSC adjusted existing measures in the HTW evaluation design that may be impacted by HTW Plus by: (1) revising study period time frames to explore changes in measures following HTW Plus implementation; and (2) adding HTW Plus to subgroup analyses to explore differences in measures by HTW Plus utilization.

In addition to adjustments to existing measures, HHSC added a new hypothesis and corresponding measures to the HTW evaluation design to test whether the addition of HTW Plus increases utilization of specific postpartum care services.

There is no anticipated impact to enrollment from an eligibility perspective. Women who are eligible for HTW Plus services are already eligible for HTW, thus they are already included in the caseload for HTW. There is no separate eligibility determination for HTW Plus.

Additionally, there are no cost sharing requirements for women receiving HTW Plus services.

An individual may obtain a free copy of the proposed waiver amendment, ask questions, obtain additional information, or submit comments regarding this amendment by contacting Amanda Sablan by U.S. mail, telephone, or email. The addresses are as follows:

U.S. Mail

Texas Health and Human Services Commission

Attention: Amanda Sablan, Waiver Coordinator, Policy Development Support

P.O. Box 13247

Mail Code H-600

Austin, Texas 78711-3247

Telephone

(512) 487-3446

Email

TX_Medicaid_Waivers@hhsc.state.tx.us.

TRD-202004520

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: October 28, 2020

Public Notice - Amendment to the Medically Dependent Children Program (MDCP) Waiver

Due to the public health emergency resulting from COVID-19, the Health and Human Services Commission (HHSC) submitted a request to the Centers for Medicare & Medicaid Services (CMS) for an amendment to the Medically Dependent Children Program (MDCP) waiver under §1915 (c) of the Social Security Act through an Appendix K.

HHSC has requested approval to implement the following changes until no later than the end of the public health emergency. The effective date for this amendment is March 13, 2020.

This request proposes to amend the waiver by making the following change:

Extend the Request for Evidentiary Information (REI) report submission deadline by 60 days from November 30, 2020, to January 29, 2021. The REI demonstrates the state's use of performance measures to collect home and community-based (HCBS) waiver program data and addresses how the state conducts discovery, remediation, and quality improvement activities.

Pursuant to 42 CFR Section 431.416(g), CMS has determined that the existence of unforeseen circumstances resulting from the COVID-19 public health emergency warrants an exception to the normal state and federal public notice procedures to expedite a decision on proposed COVID-19 Section 1915 (c) Appendix K amendments. Therefore, states applying for COVID-19 Section 1915 (c) Appendix K amendments are not required to conduct a public notice and input process.

An individual may obtain a free copy of the waiver amendment, ask questions, or obtain additional information regarding this amendment by contacting Luis Solorio by U.S. mail, telephone, fax, or email. The addresses are as follows:

U.S. Mail

Texas Health and Human Services Commission

Attention: Luis Solorio, Waiver Coordinator, Policy Development Support

P.O. Box 13247

Mail Code H-600

Austin, Texas 78711-3247

Telephone

(512) 487-3449

Fax

Attention: Luis Solorio, Waiver Coordinator, at (512) 487-3403

Email

TX_Medicaid_Waivers@hhsc.state.tx.us.

TRD-202004516

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: October 28, 2020

Texas Department of Insurance

Company Licensing

Application for Bestow Life Insurance Company, a domestic life, accident and/or health insurance company. The home office is in Austin, Texas.

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-202004517

James Person

General Counsel

Texas Department of Insurance

Filed: October 28, 2020

Notice of Public Hearing

CHEMICAL DEPENDENCY TREATMENT STANDARDS

DOCKET NO. 2824

The Department of Insurance will hold a public hearing to consider the repeal of 28 TAC §§3.8001 - 3.8030, relating to chemical dependency treatment standards, and the adoption of the new 28 TAC §3.8001, relating to the regulation of chemical dependency treatment standards, published in the Texas Register on September 25, 2020 (45 TexReg 6684).

To avoid the risk of transmission of COVID-19, the hearing will take place remotely. It will begin at 11:00 a.m., Central time, November 24, 2020. TDI's website has instructions on how to register for and participate in the hearing. This information is available at www.tdi.texas.gov/alert/event/2020/11/docket-2824.

If you plan to speak, you should register on or before noon, Central time, on November 20, 2020. Please make certain you register for Docket No. 2824. You will be called by name when it is your turn to speak.

The period to submit written comments on this rule proposal closed at 5:00 p.m., Central time, on Monday, October 26, 2020, and all written comments received during the comment period will be taken into consideration in preparation of the adoption order. TDI will also consider oral comments made during this public hearing.

TRD-202004522

James Person

General Counsel

Texas Department of Insurance

Filed: October 28, 2020

Notice of Public Hearing

PROVIDER NETWORK EXAM AND DIRECTORIES RULE

DOCKET NO. 2823

The Department of Insurance will hold a public hearing to consider the Provider Network Exam and Directories rule, concerning amendments to 28 TAC §§3.3701, 3.3702, 3.3705, 3.3709, 3.3720 - 3.3723, and the repeal of §3.9208, published in the Texas Register on September 25, 2020 (45 TexReg 6673).

To avoid the risk of transmission of COVID-19, the hearing will take place remotely. It will begin at 10:00 a.m., Central Time, on November 23, 2020. TDI's website has instructions on how to register for and participate in the hearing. This information is available at www.tdi.texas.gov/alert/event/2020/11/docket-2823.

If you plan to speak, you should register on or before noon, Central Time, on November 19, 2020. Please make certain you register for Docket No. 2823. You will be called by name when it is your turn to speak.

The period to submit written comments on this rule proposal closed at 5:00 p.m., Central Time, on Monday, October 26, 2020, and all written comments received during the comment period will be taken into consideration in preparation of the adoption order. TDI will also consider oral comments made during this public hearing.

TRD-202004523

James Person

General Counsel

Texas Department of Insurance

Filed: October 28, 2020

Texas Lottery Commission

Scratch Ticket Game Number 2335 "$50 OR $100!"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2335 is "$50 OR $100!". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2335 shall be $10.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2335.

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, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, MONEY BAG SYMBOL, STACK OF CASH SYMBOL, $50.00 and $100.

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. 2335 - 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 (2335), 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: 2335-0000001-001.

H. Pack - A Pack of the "$50 OR $100!" 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 "$50 OR $100!" Scratch Ticket Game No. 2335.

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 "$50 OR $100!" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose fifty-six (56) Play Symbols. 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 "MONEY BAG" Play Symbol, the player wins $50 instantly! 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 fifty-six (56) 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 fifty-six (56) 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 fifty-six (56) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the fifty-six (56) 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. KEY NUMBER MATCH: No matching non-winning YOUR NUMBERS Play Symbols on a Ticket.

D. KEY NUMBER MATCH: No matching WINNING NUMBERS Play Symbols on a Ticket.

E. KEY NUMBER MATCH: A Ticket may have up to fourteen (14) matching non-winning Prize Symbols, unless restricted by other parameters, play action or prize structure.

F. KEY NUMBER MATCH: The "MONEY BAG" (WIN$50) Play Symbol may appear up to two (2) times on intended winning Tickets, and will only appear with the $50 Prize Symbol, unless restricted by other parameters, play action or prize structure.

G. KEY NUMBER MATCH: The "STACK OF CASH" (WIN$100) Play Symbol will never appear more than one (1) time on intended winning Tickets and will only appear with the $100 Prize Symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "$50 OR $100!" Scratch Ticket Game prize of $50.00 or $100, 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 $50.00 or $100 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. As an alternative method of claiming a "$50 OR $100!" 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.

C. 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.

D. 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 "$50 OR $100!" 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 "$50 OR $100!" 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. 2335. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2335 - 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. 2335 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. 2335, 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-202004496

Bob Biard

General Counsel

Texas Lottery Commission

Filed: October 27, 2020

North Central Texas Council of Governments

Notice of Contract Award - To Conduct a Planning Process to Help the North Texas Region Prepare for Automated Transportation and Related Technologies

Pursuant to the provisions of Government Code, Chapter 2254, the North Central Texas Council of Governments publishes this notice of contract award. The request appeared in the June 12, 2020, issue of the Texas Register (45 TexReg 4113). The selected entity will perform technical and professional work to conduct a planning process to help the North Texas Region prepare for automated transportation and related technologies.

The entity selected for this project is Kittelson & Associates, Inc, 100 M Street SE, Suite 910, Washington, DC 20003. The amount of the contract is not to exceed $1,100,000.

Issued in Arlington, Texas on October 28, 2020.

TRD-202004515

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: October 28, 2020

Texas Parks and Wildlife Department

Notice of a Public Comment Hearing on an Application for a Sand and Gravel Permit

The City of Liberty has applied to the Texas Parks and Wildlife Department (TPWD) for a General Permit pursuant to Texas Parks and Wildlife Code, Chapter 86, to remove or disturb up to 50 cubic yards of sedimentary material within the Old Trinity River channel in Liberty County. The purpose is construction of a new outfall structure. The location is approximately 0.25 miles west of the intersection of Navigation Street and FM 3361 in Liberty County. Notice is being published and mailed pursuant to 31 TAC §69.105(d).

TPWD will hold a public comment hearing regarding the application at 11:00 a.m. on November 30, 2020. Due to COVID-19 transmission concerns with travelling and person-to-person gatherings, remote participation is required for the public comment hearing. Potential attendees should contact Tom Heger at (512) 389-4583 or at tom.heger@tpwd.texas.gov for information on how to participate in the hearing remotely. The hearing is not a contested case hearing under the Texas Administrative Procedure Act. Oral and written public comment will be accepted during the hearing.

Written comments may be submitted directly to TPWD and must be received no later than 30 days after the date of publication of this notice in the Texas Register or a newspaper, whichever is later. A written request for a contested case hearing from an applicant or a person with a justiciable interest may also be submitted and must be received by TPWD prior to the close of the public comment period. Timely hearing requests shall be referred to the State Office of Administrative Hearings. Submit written comments, questions, requests to review the application, or requests for a contested case hearing to: Tom Heger, TPWD, by mail: 4200 Smith School Road, Austin, Texas 78744; fax (512) 389-4405; or e-mail tom.heger@tpwd.texas.gov.

TRD-202004518

James Murphy

General Counsel

Texas Parks and Wildlife Department

Filed: October 28, 2020

Texas Department of Transportation

Public Hearing Notice - Unified Transportation Program

The Texas Department of Transportation (department) will hold a virtual public hearing on Monday, November 23, 2020, at 10:00 a.m. Central Standard Time (CST) via electronic means. Instructions for accessing the hearing will be published on the department's website at: https://www.txdot.gov/inside-txdot/get-involved/unified-transportation-program.html. The purpose of the hearing is to receive public comments on the proposed addition to the 2021 Unified Transportation Program (UTP).

Transportation Code, §201.991 provides that the department shall develop a UTP covering a period of 10 years to guide the development and authorize construction of transportation projects. The commission has adopted rules located in Title 43, Texas Administrative Code, Chapter 16, governing the planning and development of transportation projects, which include guidance regarding public involvement related to the adoption of the UTP and approval of any additions to the program.

Information regarding the proposed addition to the 2021 UTP will be available on the department's website at: https://www.txdot.gov/inside-txdot/get-involved/unified-transportation-program.html.

Persons wishing to speak at the hearing may register in advance by notifying the Transportation Planning and Programming Division at (800) 687-8108 no later than Friday, November 20, 2020. Speakers will be taken in the order registered and will be limited to three minutes. Speakers who do not register in advance will be taken at the end of the hearing. Any interested person may offer comments or testimony; however, questioning of witnesses will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any persons with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time or repetitive content. Groups, organizations, or associations should be represented by only one speaker. Speakers are requested to refrain from repeating previously presented testimony.

The public hearing will be conducted in English. Persons who have special communication or accommodation needs and who plan to participate are encouraged to contact the Transportation Planning and Programming Division at (800) 687-8108. Requests should be made at least two working days prior to the public hearing. Every reasonable effort will be made to accommodate these needs.

Interested parties who are unable to participate may submit written comments regarding the proposed addition to the 2021 UTP to the Texas Department of Transportation, Attention: TPP-UTP, P.O. Box 149217, Austin, Texas 78714-9217. Interested parties may also submit comments regarding the proposed addition to the 2021 UTP by email at UTP-PublicComments@txdot.gov, online at https://www.surveymonkey.com/r/2021UTP_Add1 or phone at (800) 687-8108. In order to be considered, comments must be received by 4:00 p.m. on Monday, December 7, 2020.

TRD-202004494

Becky Blewett

Deputy General Counsel

Texas Department of Transportation

Filed: October 27, 2020

Request for Proposals -- Traffic Safety Program

In accordance with 43 TAC §25.901 et seq., the Texas Department of Transportation (TxDOT) is requesting project proposals to support the targets and strategies of its traffic safety program to reduce the number of motor vehicle related crashes, injuries, and fatalities in Texas. These targets and strategies form the basis for the Federal Fiscal Year 2022 (FY 2022) Texas Highway Safety Plan (HSP).

Authority and responsibility for funding of the traffic safety grant program derives from the National Highway Safety Act of 1966 (23 USC §401 et seq.), and the Texas Traffic Safety Act of 1967 (Transportation Code, Chapter 723). The Behavioral Traffic Safety Section (TRF-BTS) is an integral part of TxDOT and works through 25 districts for local projects. The program is administered at the state level by TxDOT's Traffic Safety Division (TRF). The Executive Director of TxDOT is the designated Governor's Highway Safety Representative.

The following is information related to the FY 2022 General Traffic Safety Grants -- Request for Proposals (RFP). Please review the full FY 2022 RFP located online at: https://www.txdot.gov/apps/egrants/eGrantsHelp/RFP/RFP2022.pdf.

This request for proposals does not include solicitations for Selective Traffic Enforcement Program (STEP) proposals. Information regarding STEP proposals for FY 2022 can be found at: https://www.txdot.gov/apps/egrants/eGrantsHelp/RFP.html and FY 2022 STEP proposals will be submitted under a separate process.

General Proposals for highway safety funding are due to the TRF-BTS no later than 5:00 p.m. CST, January 06, 2021.

All questions regarding the development of proposals must be submitted by sending an email to: TRF_RFP@txdot.gov by 12:00 p.m. (Noon) CST, on November 30, 2020. A list of the questions with answers (Q&A document) will be posted at: https://www.txdot.gov/apps/eGrants/eGrantsHelp/rfp.html by 5:00 p.m. CST, on December 04, 2020.

A webinar on general proposal submissions via the Traffic Safety eGrants system will be hosted by the TRF-BTS Austin headquarters staff. The webinar will be conducted on Wednesday, November 18, 2020, from 9:00 a.m. CST to 12:00 p.m. CST for General Traffic Safety Grant Proposals and from 1:00 p.m. to 4:00 p.m. CST for STEP Proposals. For access information please go to https://www.txdot.gov/apps/eGrants/eGrantsHelp/rfp.html.

The Program Needs Section of the RFP includes Performance Measures tables which outline the targets, strategies, and performance measures for each of the Traffic Safety Program Areas. TRF-BTS is seeking proposals in all program areas, but is particularly interested in proposals which address the specific program needs listed in the High Priority Program Needs subsection of the Program Needs Section of the RFP.

The proposals must be completed using eGrants, which can be found by going to www.txdot.gov/apps/egrants.

TRD-202004434

Becky Blewett

Deputy General Counsel

Texas Department of Transportation

Filed: October 21, 2020

Texas Workforce Commission

Request for Comment Regarding the Management Fee Rate Charged by WorkQuest (Central Nonprofit Agency)

Notice is hereby given that the Texas Workforce Commission (Commission) will review and make a decision on the management fee rate charged by the central nonprofit agency, WorkQuest, for its services to the community rehabilitation programs and operation of the State Use Program for Fiscal Year 2021 as required by Texas Human Resources Code, §122.019(e). This review will be considered by the Commission no earlier than Tuesday, January 12, 2021, in a duly posted Open Meeting. WorkQuest has requested that the Commission set the Fiscal Year 2021 management fee rate at 6% of the sales price for products, 6% of the contract price for services, and 5% of the contract price for temporary staffing services. The Commission seeks public comment on WorkQuest's management fee rate request as required by Texas Human Resources Code, §122.030.

Comments should be submitted in writing on or before Thursday, January 7, 2021, to Kelvin Moore at Texas Workforce Commission, Purchasing from People with Disabilities Section, 1117 Trinity Street, Room 215T, Austin, Texas 78701, or via e-mail to: purchasingfrompeoplewithdisabilities@twc.texas.gov.

For all other questions, contact the Texas Workforce Commission at (512) 463-3244.

TRD-202004489

Les Trobman

General Counsel

Texas Workforce Commission

Filed: October 27, 2020

Request for Comment Regarding the Services Performed by WorkQuest

Notice is hereby given that the Texas Workforce Commission (Commission) intends to review the services provided by the central nonprofit agency, WorkQuest, for Fiscal Year 2020 as required by Texas Human Resources Code, §122.019(c). As required by Texas Human Resources Code, §122.019(c), the Commission will review the performance of WorkQuest to determine whether that agency's performance complies with the Commission's contractual specifications. This review will be considered by the Commission no earlier than Tuesday, January 12, 2021, in a duly posted Open Meeting. The Commission requests that interested parties submit comments regarding the services of WorkQuest in its operation of the State Use Program, under Texas Human Resources Code, §122.019(a) and (b) no later than Thursday, January 7, 2021.

Comments shall be submitted to Kelvin Moore at Texas Workforce Commission, Purchasing from People with Disabilities Section, 1117 Trinity Street, Room 215T, Austin, Texas 78701, or via e-mail to: purchasingfrompeoplewithdisabilities@twc.texas.gov.

For all other questions or comments, contact the Texas Workforce Commission at (512) 463-3244.

TRD-202004488

Les Trobman

General Counsel

Texas Workforce Commission

Filed: October 27, 2020