Texas Animal Health Commission

Executive Director Order Declaring a Chronic Wasting Disease High Risk Area Containment Zone for Portions of Val Verde County

Under the provisions of Texas Agriculture Code, §161.061, if the Texas Animal Health Commission (Commission) determines that a disease listed in §161.041 exists in a place in this state, the Commission shall establish a quarantine on the affected place. Pursuant to §161.0615, the Commission may quarantine exotic livestock in all or any part of this state as a means of immediately restricting movement of animals potentially infected with disease and shall clearly describe the territory included in a quarantine area. The Commission by rule may delegate its quarantine authority to the Executive Director of the Texas Animal Health Commission.

Under the provisions of 4 TAC §40.7, the Executive Director may issue an order to declare a Chronic Wasting Disease (CWD) high risk area or county based on sound epidemiological principles for disease detection, control, and eradication.

Chronic Wasting Disease (CWD) is a fatal neurodegenerative disorder that affects some cervid species, including white-tailed deer, mule deer, North American elk or wapiti (Cervus Canadensis), red deer (Cervus elaphus), Sika deer (Cervus Nippon), moose (Alces alces), and any associated subspecies and hybrids. CWD is known to be a communicable disease transmitted directly to susceptible species (through animal to animal contact) and indirectly (through environmental contamination).

Elk, red deer, sika deer, moose and their associated subspecies and hybrids (hereinafter referred to as non-native CWD susceptible species) are subject to regulation by the Commission as exotic livestock as provided by various provisions in Chapter 161.

The Executive Director finds that the recent detection of CWD infection in a free-ranging white-tailed deer (disease presence) in Val Verde County creates a high probability for susceptible species in portions of the county having, developing or being exposed to CWD.

The Executive Director further finds that the risk of disease exposure from the unnatural movement of non-native CWD susceptible species and carcass parts from these species located in portions of Val Verde County could lead to disease exposure across the state.

The Executive Director hereby DECLARES that portion of the state lying within the boundaries of a line beginning in Val Verde County at the International Bridge and proceeding northeast along Spur 239 to U.S. 90; thence north along U.S. 90 to the intersection of U.S. 277/377, thence north along U.S. 277/377 to the U.S. 277/377 bridge at Lake Amistad (29.496183°, -100.913355°), thence west along the southern shoreline of Lake Amistad to International boundary at Lake Amistad dam, thence south along the Rio Grande River to the International Bridge on Spur 239 to be a CWD High Risk Area Containment Zone (hereinafter referred to as Val Verde County Containment Zone or CZ).

The Executive Director hereby QUARANTINES the above referenced Val Verde County Containment Zone, and:

1. Prohibits a person from moving live non-native CWD susceptible species from the CZ.

2. Prohibits a person from releasing a non-native CWD susceptible species within the CZ unless the animal is released within a high fence premises and identified in accordance with 4 TAC §40.6(c)(7).

3. Requires a person that hunter harvests a non-native CWD susceptible species that is 16 months of age or older within the CZ to have the animal CWD tested by a state or federal animal health official, an accredited veterinarian, or a Certified CWD Postmortem Sample Collector, or moved directly to a Texas Parks and Wildlife Check Station in Val Verde County for CWD testing within 48 hours of harvest. The test results shall be provided to the Commission within 30 days of receiving the test results.

4. Prohibits a person from moving a non-native CWD susceptible species carcass, or carcass parts, from the CZ unless:

a. CWD tested by a state or federal animal health official, an accredited veterinarian, or a Certified CWD Postmortem Sample Collector, or

b. Moved directly to a Texas Parks and Wildlife Check Station in Val Verde County for CWD testing within 48 hours of harvest, and

c. Meets the requirements of 4 TAC §40.6(e) related to carcass movement restrictions.

This order is issued pursuant to §§161.041, 161.061 and 161.0615 of the Texas Agriculture Code and 4 TAC §40.7 and is effective immediately, and authorizes publication of a Notice of the Chronic Wasting Disease High Risk Area Containment Zone for Portions of Val Verde County in the Del Rio News Herald.

This order shall remain in effect pending further epidemiological assessment by the Texas Animal Health Commission.

Signed this the 20th day of December, 2019.

Andy Schwartz, D.V.M.

Executive Director

Texas Animal Health Commission

TRD-201904966

Mary T. Luedeker

General Counsel

Texas Animal Health Commission

Filed: December 20, 2019

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 12/30/19 - 01/05/20 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 12/30/19 - 01/05/20 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 01/01/20 - 01/31/20 is 5.00% for Consumer/Agricultural/Commercial credit through $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 01/01/20 - 01/31/20 is 5.00% for commercial over $250,000.

¹ Credit for personal, family, or household use.

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

TRD-201904996

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: December 23, 2019

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 February 11, 2020. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 11, 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: Chevron Phillips Chemical Company LP; DOCKET NUMBER: 2019-0809-AIR-E; IDENTIFIER: RN103919817; LOCATION: Baytown, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §101.201(b)(1)(G) and (H) and §122.143(4), Federal Operating Permit (FOP) Number O2114, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 2.F, and Texas Health and Safety Code (THSC), §382.085(b), by failing to identify all required information on the final record for a reportable emissions event; and 30 TAC §116.115(c) and §122.143(4), New Source Review Permit Numbers 37063 and N178, Special Conditions Number 1, FOP Number O2114, GTC and STC Number 18, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $20,188; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $8,075; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(2) COMPANY: City of Chico; DOCKET NUMBER: 2019-0525-PWS-E; IDENTIFIER: RN101273076; LOCATION: Chico, Wise County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.109(d)(4)(B) (formerly §290.109(c)(4)(B)), by failing to collect, within 24 hours of notification of the routine distribution total coliform-positive samples on June 10, 2015, at least one raw groundwater source Escherichia coli (or other approved fecal indicator) sample from each of the three active groundwater sources in use at the time the distribution coliform-positive samples were collected; 30 TAC §290.117(c)(2)(A), (h), and (i)(1), by failing to collect lead and copper tap samples at the required 20 sample sites, have the samples analyzed, and report the results to the executive director (ED) for the July 1, 2018 - December 31, 2018, monitoring period; 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 July 1, 2017 - December 31, 2017, and January 1, 2018 - June 30, 2018, monitoring periods; 30 TAC §290.117(n), by failing to comply with the additional sampling requirements as required by the ED to ensure that minimal levels of corrosion are maintained in the distribution system; and 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 for the January 1, 2017 - June 30, 2017, monitoring period; PENALTY: $1,380; ENFORCEMENT COORDINATOR: Ronica Rodriguez, (361) 825-3425; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: City of Meadow; DOCKET NUMBER: 2019-1195-MSW-E; IDENTIFIER: RN101570976; LOCATION: Meadow, Terry County; TYPE OF FACILITY: Type IAE Landfill; RULES VIOLATED: 30 TAC §330.165(a) and Municipal Solid Waste Permit Number 2293, and Site Operating Plan, Sections 4.18.2 Daily Cover and 4.18.3 Weekly 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; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Hailey Johnson, (512) 239-1756; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(4) COMPANY: COBY ALLEN DE LA GARZA; DOCKET NUMBER: 2019-1459-OSI-E; IDENTIFIER: RN110827896; LOCATION: Ozona, Crockett County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $175; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547; REGIONAL OFFICE: 622 S. Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(5) COMPANY: Federal Bureau of Prisons; DOCKET NUMBER: 2019-1196-PST-E; IDENTIFIER: RN102909090; LOCATION: Beaumont, Jefferson County; TYPE OF FACILITY: fuel dispensing facility; RULES VIOLATED: 30 TAC §334.10(b)(2), by failing to assure that all underground storage tank (UST) recordkeeping requirements are met; and 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the USTs in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $3,938; ENFORCEMENT COORDINATOR: Hailey Johnson, (512) 239-1756; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(6) COMPANY: Frio LaSalle Pipeline, LP; DOCKET NUMBER: 2019-1397-AIR-E; IDENTIFIER: RN106040488; LOCATION: Dilley, Frio County; TYPE OF FACILITY: natural gas compressor station; RULES VIOLATED: 30 TAC §101.201(a)(1)(B) and §122.143(4), Federal Operating Permit (FOP) Number O3419/General Operating Permit (GOP) Number 514, Site-wide Requirements (b)(42)(F), and Texas Health and Safety Code (THSC), §382.085(b), by failing to submit an initial notification for a reportable emissions event no later than 24 hours after the discovery of an emissions event; and 30 TAC §§116.115(c), 116.615(2), and 122.143(4), Standard Permit Registration Number 94152, FOP Number O3419/GOP Number 514, Site-wide Requirements (b)(36), and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $4,801; ENFORCEMENT COORDINATOR: Johnnie Wu, (512) 239-2524; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(7) COMPANY: IEA CONSTRUCTORS LLC; DOCKET NUMBER: 2019-1732-WQ-E; IDENTIFIER: RN110865938; LOCATION: Snyder, Scurry County; TYPE OF FACILITY: large construction site; RULES VIOLATED: 30 TAC §11.081 and §11.121, by failing to impound, divert, or use state water with a required permit; PENALTY: $875; ENFORCEMENT COORDINATOR: Christopher Moreno, (254) 761-3038; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79414-7833, (325) 698-9674.

(8) COMPANY: Jose O. Beltran and Maria A. Beltran dba 1017 Café; DOCKET NUMBER: 2019-1321-PWS-E; IDENTIFIER: RN102679461; LOCATION: San Isidro, Starr County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.122(a)(3)(C) and (f), by failing to issue public notification and submit a copy of the public notification to the executive director (ED) regarding the failure to comply with the acute maximum contaminant level of ten milligrams per liter for nitrate for the first quarter of 2016; and 30 TAC §290.122(c)(2)(A) and (f), by failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to provide the results of nitrate sampling to the ED for the first and second quarters of 2016; PENALTY: $153; ENFORCEMENT COORDINATOR: Samantha Duncan, (512) 239-2511; REGIONAL OFFICE: 1804 West Jefferson, Avenue Harlingen, Texas 78550-5247, (956) 425-6010.

(9) COMPANY: MAS Katy Islamic Center, a subsidiary of Muslim American Society, Houston; DOCKET NUMBER: 2019-1116-PWS-E; IDENTIFIER: RN105728620; LOCATION: Katy, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.39(j) and Texas Health and Safety Code (THSC), §341.0351, by failing to notify the executive director and receive an approval prior to making any significant change or addition to the system's production, treatment, storage, pressure maintenance, or distribution facilities; 30 TAC §290.41(c)(3)(B), by failing to provide a well casing a minimum of 18 inches above the elevation of the finished floor of the pump house or natural ground surface; 30 TAC §290.41(c)(3)(J), by failing to provide the well with a concrete sealing block that extends a minimum of three feet from the well casing in all directions, with a minimum thickness of six inches and sloped to drain away from the wellhead at not less than 0.25 inches per foot; 30 TAC §290.41(c)(3)(K), by failing to ensure that wellheads and pump bases are sealed by a gasket or sealing compound and properly vented with a well casing vent that is covered with a 16-mesh or finer corrosion-resistant screen, facing downward, elevated, and located so as to minimize the drawing of contaminants into the well; 30 TAC §290.41(c)(3)(M), by failing to provide a suitable sampling cock on the discharge pipe of the facility's well pump prior to any treatment; 30 TAC §290.41(c)(3)(O), by failing to protect the well with an intruder-resistant fence with a lockable gate or enclose the well in a locked and ventilated well house; 30 TAC §290.45(d)(2)(B)(ii) and THSC, §341.0315(c), by failing to provide a minimum ground storage capacity which is equal to 50% of the maximum daily demand (MDD); and 30 TAC §290.45(d)(2)(B)(iii) and THSC, §341.0315(c), by failing to provide at least one service pump with a capacity of three times the MDD; PENALTY: $3,300; ENFORCEMENT COORDINATOR: Steven Hall, (512) 239-2569; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(10) COMPANY: Mo Pham dba 24th Discount Store; DOCKET NUMBER: 2018-1734-PST-E; IDENTIFIER: RN101725026; LOCATION: Amarillo, Potter County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b)(2), by failing to assure that all underground storage tank (UST) recordkeeping requirements are met; 30 TAC §334.49(a)(1) and TWC, §26.3475(d), by failing to provide corrosion protection for the UST system; 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the USTs in a manner which will detect a release at a frequency of at least once every 30 days, and failing to provide release detection for the pressurized piping associated with the UST system; and 30 TAC §334.606, by failing to maintain operator training certification records on-site and make them available for inspection upon request by agency personnel; PENALTY: $7,699; ENFORCEMENT COORDINATOR: Berenice Munoz, (915) 834-4976; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(11) COMPANY: Owens Corning Insulating Systems, LLC; DOCKET NUMBER: 2019-1021-AIR-E; IDENTIFIER: RN100223585; LOCATION: Waxahachie, Ellis County; TYPE OF FACILITY: fiberglass manufacturing plant; RULES VIOLATED: 30 TAC §101.211(a) and §122.143(4), Federal Operating Permit (FOP) Number O1094, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 2.G, and Texas Health and Safety Code (THSC), §382.085(b), by failing to submit a notification at least ten days, or as soon as practicable, prior to any scheduled maintenance, startup, or shutdown activity that is expected to cause an unauthorized emission that equals or exceeds the reportable quantity; and 30 TAC §116.115(c) and §122.143(4), New Source Review Permit Number 6093, Special Conditions Numbers 1 and 5, FOP Number O1094, GTC and STC Number 10, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $16,000; ENFORCEMENT COORDINATOR: Mackenzie Mehlmann, (512) 239-2572; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: PERMIAN LODGING MIDLAND LLC; DOCKET NUMBER: 2019-1122-PWS-E; IDENTIFIER: RN107150658; LOCATION: Midland, Midland County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.41(c)(3)(A), by failing to submit well completion data for review and approval prior to placing the facility's three public drinking water wells into service; and 30 TAC §290.51(a)(6) and TWC, §5.702, by failing to pay annual Public Health Service fees and/or associated late fees for TCEQ Financial Administration Account Number 91650147 for Fiscal Year 2019; PENALTY: $172; ENFORCEMENT COORDINATOR: Ryan Byer, (512) 239-2571; REGIONAL OFFICE: 9900 West IH-20, Suite 100, Midland, Texas 79706, (432) 570-1359.

(13) COMPANY: RK Trail LLC dba Lee Oak Grove Food Mart; DOCKET NUMBER: 2018-1459-PST-E; IDENTIFIER: RN103145751; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every 30 days; PENALTY: $5,250; ENFORCEMENT COORDINATOR: Tyler Richardson, (512) 239-4872; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: ROBERT DEAN MILLER; DOCKET NUMBER: 2019-1655-WR-E; IDENTIFIER: RN110844677; LOCATION: Pine Forest, Orange County; TYPE OF FACILITY: operator; RULES VIOLATED: 30 TAC §11.081 and §11.121, by failing to impound, divert, or use state water with a required permit; PENALTY: $350; ENFORCEMENT COORDINATOR: Abigail Lindsey, (512) 239-2576; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(15) COMPANY: RT 29 Development LLC; DOCKET NUMBER: 2019-1172-EAQ-E; IDENTIFIER: RN110790177; LOCATION: Liberty Hill, Williamson County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an Edwards Aquifer Protection Plan prior to commencing a regulated activity over the Edwards Aquifer recharge zone; PENALTY: $33,750; ENFORCEMENT COORDINATOR: Caleb Olson, (817) 588-5856; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.

(16) COMPANY: SANDERSON FARMS, INCORPORATED (PRODUCTION DIVISION); DOCKET NUMBER: 2019-1519-IWD-E; IDENTIFIER: RN101700839; LOCATION: Franklin, Robertson County; TYPE OF FACILITY: prepared feed mill; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0005138000, Effluent Limitations and Monitoring Requirements Number 1., by failing to comply with permitted effluent limitations; PENALTY: $6,375; ENFORCEMENT COORDINATOR: Stephanie Frederick, (512)-239-1001; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(17) COMPANY: Scout Energy Management LLC; DOCKET NUMBER: 2019-0519-AIR-E; IDENTIFIER: RN100212414; LOCATION: Borger, Carson County; TYPE OF FACILITY: compressor station; RULES VIOLATED: 30 TAC §§101.20(2), 113.1090, and 122.143(4), 40 Code of Federal Regulations §63.6603(a), Federal Operating Permit (FOP) Number O671/ General Operating Permit (GOP) Number 514, Site-wide Requirements (b)(23), and Texas Health and Safety Code (THSC), §382.085(b), by failing to comply with the maintenance requirements for an existing four-stroke, rich-burn stationary reciprocating internal combustion engine greater than 500-horsepower; 30 TAC §101.201(b) and §122.143(4), FOP Number O671/GOP Number 514, Site-wide Requirements (b)(42)(F), and THSC, §382.085(b), by failing to create a final record for a non-reportable emissions event no later than two weeks after the end of the emissions event; 30 TAC §106.512(2)(C)(iii) and §122.143(4), Permit by Rule (PBR) Registration Number 154047, FOP Number O671/GOP Number 514, Site-wide Requirements (b)(9)(D)(xliii), and THSC, §382.085(b), by failing to conduct biennial performance testing; 30 TAC §§106.8(c)(2)(B) and (4), 106.512(2)(C)(i)(II), and 122.143(4), PBR Registration Number 154047, FOP Number O671/GOP Number 514, Site-wide Requirements (b)(9)(D)(xliii), and THSC, §382.085(b), by failing to maintain records containing sufficient information to demonstrate compliance with applicable PBR conditions; 30 TAC §122.143(4), FOP Number O671/GOP Number 514, Site-wide Requirements (b)(10)(A)(iv)(a), and THSC, §382.085(b), by failing to conduct quarterly visible emissions observations; 30 TAC §122.143(4) and §122.145(2)(B) and (C), FOP Number O671/GOP Number 514, Site-wide Requirements (b)(2), and THSC, §382.085(b), by failing to submit a deviation report for at least each six-month period after permit issuance and failing to submit a deviation report no later than 30 days after the end of each reporting period; and 30 TAC §122.143(4) and §122.147(a), FOP Number O671/GOP Number 514, Site-wide Requirements (b)(1) and (2), and THSC, §382.085(b), by failing to install a monitoring system for the fuel consumption and nitrogen oxides emissions rate; PENALTY: $75,499; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $30,200; ENFORCEMENT COORDINATOR: Richard Garza, (512) 239-2697; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(18) COMPANY: Steve Lively dba Shady Shores RV Park and Melinda Lively dba Shady Shores RV Park; DOCKET NUMBER: 2019-1115-PWS-E; IDENTIFIER: RN101195667; LOCATION: Yantis, Wood County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.42(b)(1) and (e)(3), by failing to provide disinfection facilities for the groundwater supply for the purpose of microbiological control and distribution protection; 30 TAC §290.42(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(c)(1)(A)(ii) and Texas Health and Safety Code, §341.0315(c), by failing to provide a pressure tank capacity of ten gallons per unit with a minimum pressure tank capacity of 220 gallons; 30 TAC §290.46(f)(2) and (3), 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(m)(1)(B), by failing to inspect the facility's three pressure tanks annually; 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 plan, pump station, and storage tank until the facility is decommissioned; 30 TAC §290.46(n)(2), by failing to make available an accurate and up-to-date map of the distribution system so that valves and mains can be easily located during emergencies; 30 TAC §290.46(n)(3), by failing to keep on file copies of well completion data as defined in 30 TAC §290.41(c)(3)(A), for as long as the well remains in service; and 30 TAC §290.121(a) and (b), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the facility will use to comply with the monitoring requirements; PENALTY: $1,850; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(19) COMPANY: Triple C Concrete of Lubbock, Ltd; DOCKET NUMBER: 2019-0959-AIR-E; IDENTIFIER: RN104156286; LOCATION: Lubbock, Lubbock County; TYPE OF FACILITY: concrete batch plant; RULES VIOLATED: 30 TAC §§101.201(a)(1)(B), 116.115(b)(2)(E)(i), and 116.615(8), Standard Permit Registration Number 71025, Amendments to the Air Quality Standard Permit for Concrete Batch Plants, Special Conditions (SC) Number (3)(J)(i), and Texas Health and Safety Code (THSC), §382.085(b), by failing to submit an initial notification for a reportable emissions event no later than 24 hours after the discovery of an emissions event; 30 TAC §116.115(c) and §116.615(2), Standard Permit Registration Number 71025, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §116.115(c) and §116.615(8), Standard Permit Registration Number 71025, Amendments to the Air Quality Standard Permit for Concrete Batch Plants, SC Numbers (3)(J)(vi), (vii), and (viii), and THSC, §382.085(b), by failing to maintain written records on-site for a rolling 24-month period; 30 TAC §116.115(c) and §116.615(2), Standard Permit Registration Number 71025, Amendments to the Air Quality Standard Permit for Concrete Batch Plants, SC Number (5)(H), and THSC, §382.085(b), by failing to conduct quarterly visible emissions observations; 30 TAC §116.115(c) and §116.615(2), Standard Permit Registration Number 71025, Amendments to the Air Quality Standard Permit for Concrete Batch Plants, SC Number (9)(E)(ii), and THSC, §382.085(b), by failing to construct borders to a height of at least 12 feet; and 30 TAC §116.115(c) and §116.615(2), Standard Permit Registration Number 71025, Amendments to the Air Quality Standard Permit for Concrete Batch Plants, SC Number (9)(F), and THSC, §382.085(b), by failing to pave all entry and exit roads and main traffic routes associated with the operation of the plant with a cohesive hard surface that can be maintained and cleaned; PENALTY: $14,120; ENFORCEMENT COORDINATOR: Carol McGrath, (210)403-4063; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(20) COMPANY: Undine Texas Environmental, LLC; DOCKET NUMBER: 2019-1252-MWD-E; IDENTIFIER: RN101609832; LOCATION: Angleton, Brazoria 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 WQ0012420001, Effluent Limitations and Monitoring Requirements Numbers 1 and 3, by failing to comply with permitted effluent limitations; PENALTY: $1,375; ENFORCEMENT COORDINATOR: Chase Davenport, (512) 239-2615; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-201905009

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: December 30, 2019

In the May 31, 2019, issue of the Texas Register (44 TexReg 2765), the Texas Commission on Environmental Quality (commission) published notice of Agreed Orders, specifically Item Number 13, for JOLLYVILLE CAR WASH, INCORPORATED dba Arbor Car Wash & Lube Center. The error is as submitted by the commission.

The reference to the Company should be corrected to read: "JOLLYVILLE CAR WASH dba Arbor Car Wash & Lube Center."

For questions concerning this error, please contact Michael Parrish at (512) 239-2548.

TRD-201905011

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: December 30, 2019

In the July 5, 2019, issue of the Texas Register (44 TexReg 3449), the Texas Commission on Environmental Quality (commission) published notice of Agreed Orders, specifically Item Number 20, for Woodridge 1 LP. The error is as submitted by the commission.

The reference to the Company should be corrected to read: "WOODRIDGE HOMES I, LP."

For questions concerning this error, please contact Michael Parrish at (512) 239-2548.

TRD-201905010

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: December 30, 2019

Notice issued December 20, 2019

TCEQ Internal Control No. D-10242019-061; Sixty-three landowners residing in Comal and Guadalupe Counties (Petitioners) filed a petition for creation of Lake Dunlap Water Control and Improvement District (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Chapter 59 of the Constitution of the State of Texas; Chapters 49 and 51 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) there are more than 50 persons holding title to the land in the proposed District as the Petitioners include 63 persons who own land to be included in the proposed District; (2) the proposed District will contain approximately 2,200 acres located within Comal and Guadalupe Counties, Texas; and (3) a portion of the proposed District is within the corporate boundaries of the City of New Braunfels, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. In compliance with Texas Local Government Code Section 42.042 the City of New Braunfels consented to the creation of the proposed District. The petition further states that the proposed District will: (1) control, store, preserve, and distribute water and floodwater and the water of its rivers and streams for irrigation, power, and all other useful purposes; (2) reclaim, drain, conserve, and develop its forests, water, and hydroelectric power; (3) control, abate, and change any shortage or harmful excess of water; and (4) assure preservation and conservation of all natural resources of the state. More specifically, the District may finance, build, construct, improve, reconstruct, repair and maintain dams, structures, facilities and equipment in aid thereof, in order to store and preserve the waters within Lake Dunlap after the existing dam facilities catastrophically failed on May 14, 2019. According to the petition, a preliminary investigation has been made to determine the cost of the constructing and maintaining the proposed District's project, and it is estimated by the Petitioner, from the information available at this time, that the cost of said project will be approximately $28,000,000.

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 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-201905016

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 30, 2019

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 February 11, 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 February 11, 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: BuckSaver, LLC; DOCKET NUMBER: 2018-1241-PST-E; TCEQ ID NUMBER: RN101811347; LOCATION: 3327 North Twin City Highway, Nederland, Jefferson 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)(A), by failing to monitor the USTs in a manner that will detect a release at a frequency of at least once every 30 days; 30 TAC §334.74, by failing to investigate and confirm within 30 days after monitoring results from a release detection method indicated a release may have occurred. Specifically, Respondent did not investigate within 30 days after inventory control records for April and May 2018 indicated a release may have occurred; and 30 TAC §334.72, by failing to report to the agency within 24 hours after monitoring results from a release detection method indicated a release may have occurred. Specifically, Respondent did not report to TCEQ within 24 hours after inventory control records for April and May 2018 indicated a release may have occurred; PENALTY: $18,775; STAFF ATTORNEY: John S. Merculief II, Litigation Division, MC 175, (512) 239-6944; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(2) 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.

(3) COMPANY: TEXAS NEW HORIZON, INC. dba Merito Food Mart; DOCKET NUMBER: 2018-1370-PST-E; TCEQ ID NUMBER: RN101881084; LOCATION: 3407 Genoa Red Bluff Road, Pasadena, Harris County; TYPE OF FACILITY: underground storage tank system and a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.72, by failing to report a suspected release to the TCEQ within 24 hours of discovery. Specifically, the inventory control records for December 2017 and January 2018 for Tank Numbers two and three indicated a suspected release that was not reported; and 30 TAC §334.74, by failing to investigate a suspected release of a regulated substance within 30 days of discovery. Specifically, inventory control records for December 2017 and January 2018 for Tank Numbers two and three indicated a suspected release that was not investigated; PENALTY: $18,775; 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.

TRD-201905013

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: December 30, 2019

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent the Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 11, 2020. The commission will consider any written comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on February 11, 2020. Comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: Doris Faye Bullock; DOCKET NUMBER: 2018-1237-WOC-E; TCEQ ID NUMBER: RN103743779; LOCATION: intersection of Farm-to-Market Road 92 and Cole Road, near Silsbee, Hardin County; TYPE OF FACILITY: public water system; RULES VIOLATED: TWC, §37.003, Texas Health and Safety Code, §341.034(b), and 30 TAC §30.5(a) and §30.381(b), by failing to have a current, valid water system operator's license prior to performing process control duties in production or distribution of public drinking water; PENALTY: $750; STAFF ATTORNEY: Logan Harrell, Litigation Division, MC 175, (512) 239-1439; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(2) COMPANY: JIMBO'S ROAD HOUSE, LLC; DOCKET NUMBER: 2018-1112-PWS-E; TCEQ ID NUMBER: RN102317138; LOCATION: 35230 Hempstead Highway, Hockley, Harris County; TYPE OF FACILITY: public water system; RULES VIOLATED: Texas Health and Safety Code, §341.035(a), 30 TAC §290.39(e)(1) and (h)(1), and TCEQ Agreed Order (AO) Docket Number 2013-0879-PWS-E, Ordering Provision Number 2.e.ii., by failing to submit plans and specifications to the executive director for review and approval prior to the construction of a new public water supply; 30 TAC §290.46(n)(2) and TCEQ AO Docket Number 2013-0879-PWS-E, Ordering Provision Number 2.c.i., by failing to maintain an accurate and up-to-date map of the distribution system so that valves and mains can be easily located during emergencies; and 30 TAC §290.41(c)(3)(A) and TCEQ AO Docket Number 2013-0879-PWS-E, Ordering Provision Number 2.e.i., by failing to submit well completion data for review and approval prior to placing the facility's public water well into service; PENALTY: $180; STAFF ATTORNEY: Ian Groetsch, Litigation Division, MC 175, (512) 239-2225; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) COMPANY: LAKESHORE UTILITY COMPANY; DOCKET NUMBER: 2019-0531-PWS-E; TCEQ ID NUMBER: RN102673712; LOCATION: Joyce Street and Shady Trail Circle near Athens, Henderson County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to submit a Disinfectant Level Quarterly Operating Report by the tenth day of the month following the end of each quarter; 30 TAC §290.117(c)(2)(B), (h), and (i)(1), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the executive director; 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 executive director along with certification that the consumer notification was distributed in a manner consistent with TCEQ requirements; and 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st for each year, and failing to submit to the TCEQ by July 1st for each year a copy of the annual CCR and certification that the CCR was distributed to customers of the facility and that the information in the CCR is correct and consistent with compliance monitoring data; PENALTY: $1,736; STAFF ATTORNEY: Jaime Garcia, Litigation Division, MC 175, (512) 239-5807; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

TRD-201905012

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: December 30, 2019

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 Texas Administrative Code (TAC) Chapter 305, Consolidated Permits, §305.541, under the requirements of Texas Government Code, Chapter 2001, Subchapter B.

The proposed rulemaking would implement House Bill 2771 from the 86th Texas Legislature, 2019, by amending §305.541 to adopt by reference the United States Environmental Protection Agency's effluent limitations guidelines for the oil and gas extraction point source category and the centralized waste treatment category (40 Code of Federal Regulations Parts 435 and 437).

The commission will hold a public hearing on this proposal on February 4, 2020, at 2:00 p.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle, Austin, Texas 78753. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Sandy Wong, Office of Legal Services, at (512) 239-1802 or (800) RELAY-TX (TDD). Requests should be made as far in advance as possible.

Written comments may be submitted to Andreea Vasile, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: https://www6.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2019-118-305-OW. The comment period closes on February 11, 2020. Copies of the proposed rulemaking can be obtained from the commission's website at https://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Laurie Fleet, Water Quality Division, at (512) 239-5445.

TRD-201904952

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: December 20, 2019

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 TAC Chapter 305, Consolidated Permits, §305.64 and the repeal of §305.149; and revisions to 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste, §§335.1, 335.2, 335.10 - 335.13, 335.24, 335.31, 335.43, 335.63, 335.69, 335.71, 335.76, 335.78, 335.91, 335.112, 335.152, 335.251, 335.261, 335.262, 335.331, 335.501, 335.504, 335.590, and 335.602, and new §335.281 under the requirements of Texas Health and Safety Code, §§361.017, 361.024, and 361.082; Texas Water Code, §5.103; and Texas Government Code, Chapter 2001, Subchapter B.

The proposed rulemaking would revise state industrial solid waste and hazardous waste management regulations to maintain equivalency with Resource Conservation and Recovery Act revisions promulgated by the United States Environmental Protection Agency, and implement House Bill 1953, 86th Texas Legislature, 2019, Regular Session, relating to the conversion of plastics and other recyclable material through pyrolysis or gasification.

The commission will hold a public hearing on this proposal on February 6, 2020, at 10:00 a.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle, Austin, Texas 78753. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Sandy Wong, Office of Legal Services at (512) 239-1802 or (800) RELAY-TX (TDD). Requests should be made as far in advance as possible.

Written comments may be submitted to Kris Hogan, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: https://www6.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2019-085-335-WS. The comment period closes February 11, 2020. Copies of the proposed rulemaking can be obtained from the commission's website at https://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Jarita Sepulvado, Industrial and Hazardous Waste Permits Section, (512) 239-4413.

TRD-201904987

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: December 20, 2019

List of Late Filers

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

Deadline: Lobby Activities Report due October 10, 2019

John Kroll, 1212 Guadalupe, Ste. 1003, Austin, Texas 78701

Kelly McBeth, P.O. Box 5100, Austin, Texas 78763

Kelly Parker, 107 Mirror Lake, San Antonio, Texas 78260

Karen Steakley, c/o Tesla, 11410 Century Oaks Terrance A03A, Austin, Texas 78758

Charles B. Wilkison, 400 W. 14th St., Ste. 100, Austin, Texas 78701

Deadline: Personal Financial Statement due July 1, 2019

Jarvis Johnson, 1051 Cottage Oak, Houston, Texas 77091

TRD-201904929

Anne Temple Peters

Executive Director

Texas Ethics Commission

Filed: December 19, 2019

Official Notice to Vessel Owner/Operator

(Pursuant to §40.254, Tex. Nat. Res. Code)

PRELIMINARY REPORT

Authority

This preliminary report and notice of violation was issued by Jimmy A. Martinez, Deputy Director, Oil Spill Prevention and Response Division (OSPR), Texas General Land Office, on December 12, 2019.

Facts

Based on an investigation conducted by Texas General Land Office-Region 1 staff on December 12, 2019, the Commissioner of the General Land Office (GLO) has determined that an approximately 31' fiberglass hull recreational vessel identified as GLO Vessel Tracking Number 1-1867 is in a derelict and abandoned condition without the consent of the commissioner. The vessel is located at Latitude 29° 58' 05"N, 93° 51' 34"W, 9000 Yacht Club Road, Port Arthur Texas 77642. The GLO determined that pursuant to OSPRA §40.254(b)(2)(B), that the vessel has intrinsic value. The GLO has also determined that, because of the vessel's location and condition, the vessel poses a NAVIGATION HAZARD/THREAT TO PUBLIC HEATH, SAFETY, OR WELFARE.

Violation

YOU ARE HEREBY GIVEN NOTICE, pursuant to the provisions of §40.254 of the Texas Natural Resources Code (OSPRA), that you are in violation of OSPRA §40.108(a) that prohibits a person from leaving, abandoning, or maintaining any structure or vessel in or on coastal waters, on public or private lands, or at a public or private port or dock if the structure or vessel is in a wrecked, derelict, or substantially dismantled condition, and the Commissioner determines the vessel is involved in an actual or threatened unauthorized discharge of oil; a threat to the public health, safety, and welfare; a threat to the environment; or a navigational hazard. The Commissioner is authorized by OSPRA §40.108(b) to dispose of or contract for the disposal of any vessel described in §40.108(a).

Recommendation

The Deputy Director has determined that Charles Pace is the person responsible for abandoning this vessel (GLO Tracking Number 1-1867) and recommends that the Commissioner order the abandoned vessel be disposed of in accordance with OSPRA §40.108.

The owner or operator of this vessel can request a hearing to contest the violation and the removal and disposal of the vessel. If the owner or operator wants to request a hearing, a request in writing must be made within twenty (20) days of this notice being posted on the vessel. The request for a hearing must be sent to: Texas General Land Office, Oil Spill Prevention and Response Division, P.O. Box 12873, Austin, TX 78711. Failure to request a hearing may result in the removal and disposal of the vessel by the GLO. If the GLO removes and disposes of the vessel, the GLO has authority under TNRC §40.108(b) to recover the costs of removal and disposal from the vessel's owner or operator. For additional information, contact Michelle Castilleja at (512) 463-2613.

TRD-201904930

Mark A. Havens

Chief Clerk and Deputy Land Commissioner

General Land Office

Filed: December 19, 2019

Notice of Available Funding Opportunities

Office of the Governor, Public Safety Office (PSO)

The Homeland Security Grants Division (HSGD), located in the PSO, is announcing the following funding opportunities for State Fiscal Year 2021. Details for these opportunities, including the open and close date for the solicitation, can be found on the eGrants Calendar (https://eGrants.gov.texas.gov/fundopp.aspx).

--Border Prosecution Unit (BPU) -- The purpose of this announcement is to solicit applications for projects that prosecute border crimes.

--Local Border Security Program (LBSP) -- The purpose of this announcement is to solicit applications for projects that support Operation Border Star.

--Nonprofit Security Grant Program (NSGP) -- The purpose of this announcement is to solicit applications for projects that support physical security enhancements and other security activities to nonprofit organizations that are at high risk of a terrorist attack based on the nonprofit organization's ideology, beliefs or mission.

--Statewide Emergency Radio Infrastructure -- The purpose of this announcement is to solicit applications for projects that support state and regional efforts to improve or sustain interoperable emergency radio infrastructure.

--Texas Anti-Gang (TAG) Program -- The purpose of this announcement is to solicit applications for preselected projects that support regional, multidisciplinary approaches to combat gang violence through the coordination of gang prevention, intervention, and suppression activities.

--Texas Conversion to the National Incident-Based Reporting System (NIBRS) -- The purpose of this announcement is to solicit applications for projects that enable local law enforcement agencies to upgrade their technology infrastructure to support the submission of data to the Uniform Crime Reporting (UCR) National Incident-Based Reporting System.

TRD-201904943

Aimee Snoddy

PSO Executive Director

Office of the Governor

Filed: December 20, 2019

Correction of Error

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposed amendments to 26 TAC §748.313 in the December 27, 2019, issue of the Texas Register (44 TexReg 8200).

Due to an error by the Texas Register, the figure for 26 TAC §748.313 was inadvertently left out of the print version and the online .pdf version of the December 27 issue. The figure was included in the online .html version as well as the online Texas Register database. The figure will be republished in its entirety.

Figure: 26 TAC §748.313 (.pdf)

TRD-201905018

Release of the Notice of Funding Availability (NOFA) for the Texas Department of Housing and Community Affairs Fiscal Years 2020 - 2021 Texas Bootstrap Loan Program

I. Source of Funds.

The Texas Bootstrap Loan Program is funded through the Housing Trust Fund and established in Texas Government Code, §2306 Subchapter FF, Owner-Builder Loan Program, to provide very low-income households (Owner-Builders) an opportunity to purchase or refinance real property on which to build new housing or repair their existing homes through sweat-equity.

II. Notice of Funding Availability (NOFA) Summary.

The Texas Department of Housing and Community Affairs (the Department) announces $6,430,382.52 from the Texas Housing Trust Fund (HTF) for Fiscal Years 2020 and 2021 of the Texas Bootstrap Loan Program. The funding will be available beginning Thursday, January 16, 2020, at 9:30 a.m. Austin local time through an online reservation system for eligible Nonprofit Owner-Builder Housing Providers (NOHPs) and Colonia Self-Help Centers (CSHCs) to reserve funds on behalf of eligible Owner-Builders.

The Texas Bootstrap Loan Program provides 0% interest loans of up to $45,000 to Owner-Builders who provide at least 65% of the labor necessary to build or rehabilitate their housing by working with a state-certified NOHP or CSHC. Owner-builder's household income may not exceed 60% of Area Median Family Income.

Eligible nonprofit organizations and CSHCs must first apply to become certified NOHPs in order to administer the Texas Bootstrap Loan Program. To be able to reserve Program funds on behalf of an Owner-Builder, the entities must execute a Reservation System Agreement with the Department.

III. Additional Information.

The Fiscal Years 2020-21 Texas Bootstrap Loan Program NOFA is on the Department's website at http://www.tdhca.state.tx.us/oci/bootstrap.htm. Please contact Lisa Johnson for more information regarding the NOFA at (512) 936-9988 or lisa.johnson@tdhca.state.tx.us.

TRD-201905014

Bobby Wilkinson

Executive Director

Texas Department of Housing and Community Affairs

Filed: December 30, 2019

Request for Proposals for Southern Dallas County Regional Veloweb Alignment Study

The North Central Texas Council of Governments (NCTCOG) is requesting written proposals from consulting firms to provide support for the review of the feasibility of various Regional Veloweb and bikeway segments in southern Dallas County linking the cities of Cedar Hill, DeSoto, Duncanville, and Lancaster. The Project study area is bounded on the west in the City of Cedar Hill from the existing trail along FM 1382 near the intersection of W. Pleasant Run Road to the east in Lancaster with the existing trail along E. Pleasant Run Road near the intersection of N. Lancaster-Hutchins Road.

Project deliverables will include five percent conceptual schematics, vertical alignments at critical locations, phasing of implementation, opinions of costs for each jurisdiction, environmental summary, and right-of-way and/or easements requirements of various trail segments, sidepaths, major highway crossings, major intersections, and railroad crossings.

Proposals must be received no later than 5:00 p.m. Central Time, on Friday, February 7, 2020, to Kevin Kokes, Program Manager, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011. The Request for Proposals will be available at www.nctcog.org/rfp by the close of business on Friday, January 10, 2020.

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

TRD-201904945

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: December 20, 2019

Notice of Deadline to Request Recognition as Horsemen's Representative

Pursuant to Section 2023.051 of the Texas Racing Act (Texas Occupations Code §2023.051), and Title 16, Texas Administrative Code (TAC), §309.299, the Executive Director for the Texas Racing Commission provides notice that Monday, February 10, 2020, is the deadline to request Commission recognition as the horsemen's representative organization.

Section 2023.051 of the Texas Racing Act authorizes the Commission to recognize an organization to represent members of a segment of the racing industry, including owners, breeders, trainers, kennel operators, and other persons involved in the racing industry. In 16 TAC §309.299, the Commission has adopted criteria for being recognized as the organization to represent horse owners and trainers. This organization will be responsible for negotiating with each licensed racetrack regarding the racetrack's live racing programs, including but not limited to the allocation of purse money to various live races, the exporting of simulcast signals, and the importing of simulcast signals during live race meetings.

To be eligible for recognition as the horsemen's representative organization, each officer and director of the organization during the two-year term of the recognition must be licensed by the Commission as an owner or trainer. The Commission will also review the experience and qualifications of the organization's directors, executive officers, and management personnel, the organization's benevolence programs, and the degree to which the organization's membership represents a fair and equitable cross-section of the horse owners and trainers participating at each of the racetracks in this state. The organization is subject to audit by the Texas Racing Commission.

To request recognition, an organization must file a written request on a form prescribed by the Executive Director. To obtain a copy of the form or for more information, interested persons should contact Devon Bijansky, General Counsel, Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711-2080, (512) 833-6699, FAX (512) 833-6907.

TRD-201904922

Chuck Trout

Executive Director

Texas Racing Commission

Filed: December 18, 2019

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

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

Current Project: Clover Acquisition Corporation; TxDOT CSJ No.: 2012CLOVE.

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

Scope: Provide engineering and design services to prepare a drainage study.

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

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

The DBE goal for the design phase of the current project is 23%.

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

AVN-550 Preparation Instructions:

Interested firms shall utilize the latest version of Form AVN-550, titled "Qualifications for Aviation Architectural/Engineering Services." The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, (800) 68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT website at http://www.txdot.gov/inside-txdot/division/aviation/projects.html. The form may not be altered in any way.

Firms must carefully follow the instructions provided on each page of the form. Qualifications shall not exceed the number of pages in the AVN-550 template. The AVN-550 consists of eight pages of data plus one optional illustration page. A prime provider may only submit one AVN-550. If a prime provider submits more than one AVN-550, or submits a cover letter with the AVN-550, that provider will be disqualified. Responses to this solicitation WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

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

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

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

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

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

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

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

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

TRD-201904941

Becky Blewett

Deputy General Counsel

Texas Department of Transportation

Filed: December 19, 2019