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Capital Area Rural Transportation System RFP for General Contractors Capital Area Rural Transportation System (CARTS) invites qual- ified General Contractors to submit proposals for the construction of the CARTS's Eastside Bus Plaza in Austin, Texas. *Please Note that there has been an adjustment to schedule dates from the original posting on Friday, September 20, 2019. RFP and construction documents will be available on the CARTS Website beginning at 2:00 p.m., Friday, October 11, 2019, Go to: http://ridecarts.weebly.com/procurement.html, select the Eastside Bus Plaza link and follow the instructions. A non-mandatory pre-proposal meeting will be held at CARTS Head- quarters, located at 5300 Tucker Hill Lane, Cedar Creek, Texas 78612 at 10:00 a.m., October 18, 2019. The schedule is: Friday, October 11 2:00 p.m. -- RFP Documents available for down- load Friday, October 18 10:00 a.m. -- Pre-proposal conference at CARTS Friday, October 25 2:00 p.m. -- Deadline for proposal questions *Thursday, October 31 Responses to questions posted on website *Friday, November 15 2:00 p.m. -- Proposals due at CARTS Proposals will be evaluated on cost, qualifications, experience, the quality and content of the submittal. TRD-201903448 David Marsh General Manager Capital Area Rural Transportation System Filed: September 23, 2019 Office of Consumer Credit Commissioner Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the fol- lowing 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 09/30/19 - 10/06/19 is 18% for Con- sumer 1 /Agricultural/Commercial 2 credit through $250,000. The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 09/30/19 - 10/06/19 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-201903458 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: September 24, 2019 Court of Criminal Appeals In the Court of Criminal Appeals of Texas IN ADDITION October 4, 2019 44 TexReg 5801
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Page 1: Officeof Consumer Credit CommissionerAustin, Texas 78723 on January 21, 2020. Any carrier-delivered ap-plications must be addressed to Texas Education Agency, Division of Charter School

Capital Area Rural Transportation System RFP for General Contractors Capital Area Rural Transportation System (CARTS) invites qual-ified General Contractors to submit proposals for the construction of the CARTS's Eastside Bus Plaza in Austin, Texas.

*Please Note that there has been an adjustment to schedule dates from the original posting on Friday, September 20, 2019.

RFP and construction documents will be available on the CARTS Website beginning at 2:00 p.m., Friday, October 11, 2019, Go to: http://ridecarts.weebly.com/procurement.html, select the Eastside Bus Plaza link and follow the instructions.

A non-mandatory pre-proposal meeting will be held at CARTS Head-quarters, located at 5300 Tucker Hill Lane, Cedar Creek, Texas 78612 at 10:00 a.m., October 18, 2019.

The schedule is:

Friday, October 11 2:00 p.m. -- RFP Documents available for down-load

Friday, October 18 10:00 a.m. -- Pre-proposal conference at CARTS

Friday, October 25 2:00 p.m. -- Deadline for proposal questions

*Thursday, October 31 Responses to questions posted on website

*Friday, November 15 2:00 p.m. -- Proposals due at CARTS

Proposals will be evaluated on cost, qualifications, experience, the quality and content of the submittal. TRD-201903448 David Marsh General Manager

Capital Area Rural Transportation System Filed: September 23, 2019

♦ ♦ ♦ Office of Consumer Credit Commissioner Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the fol-lowing 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 09/30/19 - 10/06/19 is 18% for Con-sumer1/Agricultural/Commercial2 credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 09/30/19 - 10/06/19 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-201903458 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: September 24, 2019

♦ ♦ ♦ Court of Criminal Appeals In the Court of Criminal Appeals of Texas

IN ADDITION October 4, 2019 44 TexReg 5801

Page 2: Officeof Consumer Credit CommissionerAustin, Texas 78723 on January 21, 2020. Any carrier-delivered ap-plications must be addressed to Texas Education Agency, Division of Charter School

44 TexReg 5802 October 4, 2019 Texas Register

Page 3: Officeof Consumer Credit CommissionerAustin, Texas 78723 on January 21, 2020. Any carrier-delivered ap-plications must be addressed to Texas Education Agency, Division of Charter School

IN ADDITION October 4, 2019 44 TexReg 5803

Page 4: Officeof Consumer Credit CommissionerAustin, Texas 78723 on January 21, 2020. Any carrier-delivered ap-plications must be addressed to Texas Education Agency, Division of Charter School

TRD-201903447 Deana Williamson Clerk of the Court Court of Criminal Appeals Filed: September 23, 2019

♦ ♦ ♦ 33rd and 424th District Court Request for Qualifications Blanco County Auditor INTENT:

The intent of this Request for Qualifications is to solicit information from qualified persons for potential interview and possible appointment as County Auditor for the County of Blanco, Texas.

An auditor will be appointed by the District Judges of Blanco County pursuant to Texas Local Gov't Code Chapter 84 for a term of two years. The salary will be commensurate with the experience and qualifica-

tions of the appointee, to be set by the District Judges as provided by statute, in consultation with the Commissioners Court of Blanco County, Texas. This will be a part-time position.

OPENING DATE AND LOCATION:

Resumes and/or applications will be accepted until 5:00 p.m. on Octo-ber 31, 2019. Please respond via regular mail to 33rd Judicial District Judge's office, 1701 E. Polk, Suite 74, Burnet, Texas 78611 or via email to [email protected].

§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§ §§§§§§§§§§§§§§§§§§§§§§

DESIRED QUALIFICATIONS:

* Certified Public Accountant licensure OR three (3) years experience as a county auditor.

* At least three (3) years experience in accounting and auditing.

* Experience supervising government accounting functions.

44 TexReg 5804 October 4, 2019 Texas Register

Page 5: Officeof Consumer Credit CommissionerAustin, Texas 78723 on January 21, 2020. Any carrier-delivered ap-plications must be addressed to Texas Education Agency, Division of Charter School

* Demonstrated skills working with modern data processing systems, networked computers, financial accounting software and database sys-tems.

* Thorough competence in public business details.

* Unquestionable good moral character and intelligence.

* In-depth familiarity with the Government Accounting Standards Board Statements, and in particular GASB Statement 34.

* In-depth familiarity with government entity purchasing requirements.

* In-depth familiarity with government entity budgeting.

* At least 15 hours continuing education in government accounting in the last 24 months.

* Ability to pass a criminal background check.

* Ability to make a fidelity bond of $5,000 or greater.

* Strong communication skills, both verbal and written.

* Demonstrated ability to work effectively with other people. TRD-201903366 Honorable J. Allan Garrett 33rd Judicial District Court 33rd and 424th District Court Filed: September 18, 2019

♦ ♦ ♦ Texas Education Agency Request for Applications (RFA) Concerning Generation Twenty-Five Open-Enrollment Charter Application (RFAs #701-19-112, #701-19-113, and #701-19-114) Miscellaneous Document

Filing Date. September 25, 2019

Filing Authority. Texas Education Code (TEC), §12.101 and §12.152

Eligible Applicants. Texas Education Agency (TEA) is requesting ap-plications under RFAs #701-19-112, #701-19-113, and #701-19-114 from eligible entities to operate open-enrollment charter schools. Eligi-ble entities include public institutions of higher education, private or in-dependent institutions of higher education, organizations exempt from taxation under the Internal Revenue Code of 1986 (26 United States Code, §501(c)(3)), or governmental entities. Applicants should refer to each RFA to determine the proper application to complete. At least one member of the governing board of the group requesting the charter must attend one required applicant information session. Two informa-tion sessions will be held at Education Service Center Region 13, which is located at 5701 Springdale Road, Austin, Texas 78723. The sessions are scheduled for Friday, October 18, 2019, and Friday, November 1, 2019. The October 18 session will be held in the room called State Capitol and the November 1 session will be held in the room called Treaty Oak. Failure to attend one of the sessions will disqualify an ap-plicant from submitting a complete application for an open-enrollment charter.

Description. The purpose of an open-enrollment charter is to provide an alternative avenue for restructuring schools. An open-enrollment charter school offers flexibility and choice for educators, parents, and students. An approved open-enrollment charter school may be located in a facility of a commercial or nonprofit entity or in a school district fa-cility. If the open-enrollment charter school is to be located in a school district facility, it must be operated under the terms established by the

board of trustees or governing body of the school district in an agree-ment between the charter school and the district.

An open-enrollment charter school will provide instruction to students at one or more elementary or secondary grade levels as provided by the charter. An open-enrollment charter school must be nonsectarian in its programs, admissions, policies, employment practices, and all other operations and may not be affiliated with a sectarian school or religious institution. It is governed under the specifications of the charter and retains authority to operate for the term of the charter contingent on satisfactory student performance as defined by the state accountability system. An open-enrollment charter school does not have the authority to impose taxes.

An open-enrollment charter school is subject to federal laws and certain state laws governing public schools, including laws and rules relating to a criminal offense, requirements relating to the Texas Student Data System Public Education Information Management System, criminal history records, high school graduation, special education programs, bilingual education, prekindergarten programs, extracurricular activi-ties, health and safety provisions, and public school accountability. As stated in TEC, §12.1056, in matters related to operation of an open-en-rollment charter school, an open-enrollment charter school or charter holder is immune from liability and suit to the same extent as a school district, and the employees and volunteers of the open-enrollment char-ter school or charter holder are immune from liability and suit to the same extent as school district employees and volunteers. A member of the governing body of an open-enrollment charter school or of a charter holder is immune from liability and suit to the same extent as a school district trustee. TEC, §12.1057, states that an employee of an open-en-rollment charter school who qualifies for membership in the Teacher Retirement System of Texas shall be covered under the system to the same extent a qualified employee of a school district is covered.

Dates of Project. The completed application, including both electronic and hard-copy submissions, must be received by TEA by 5:00 p.m. (Central Time), Tuesday, January 21, 2020, to be eligible for review. Hard-copy submissions may be delivered either in-person or by carrier delivery. All in-person submissions must be delivered to Education Service Center Region 13, which is located at 5701 Springdale Road, Austin, Texas 78723 on January 21, 2020. Any carrier-delivered ap-plications must be addressed to Texas Education Agency, Division of Charter School Administration (Attention John Garland), 1701 North Congress Avenue, Austin, Texas 78701.

Project Amount. TEC, §12.106, specifies the following.

(a) Effective September 1, 2019, a charter holder is entitled to receive for the open-enrollment charter school funding under TEC, Chapter 48, equal to the amount of funding per student in weighted average daily attendance, excluding the adjustment under TEC, §48.052, the funding under TEC, §§48.101, 48.110, 48.111, and 48.112, and en-richment funding under TEC, §48.202(a), to which the charter holder would be entitled for the school under TEC, Chapter 48, if the school were a school district without a tier one local share for purposes of TEC, §48.266.

(a-1) In determining funding for an open-enrollment charter school un-der subsection (a), the amount of the allotment under TEC, §48.102, is based solely on the basic allotment to which the charter holder is en-titled and does not include any amount based on the allotment under TEC, §48.101.

(a-2) In addition to the funding provided by subsection (a), a charter holder is entitled to receive for the open-enrollment charter school an allotment per student in average daily attendance in an amount equal to the difference between the product of the quotient of the total amount of funding provided to eligible school districts under TEC, §48.101(b)

IN ADDITION October 4, 2019 44 TexReg 5805

Page 6: Officeof Consumer Credit CommissionerAustin, Texas 78723 on January 21, 2020. Any carrier-delivered ap-plications must be addressed to Texas Education Agency, Division of Charter School

or (c); and the total number of students in average daily attendance in school districts that receive an allotment under TEC, §48.101(b) or (c); and the sum of one and the quotient of the total number of students in average daily attendance in school districts that receive an allotment under TEC, §48.101(b) or (c); and the total number of students in av-erage daily attendance in school districts statewide; and $125.

(a-3) In addition to the funding provided by subsections (a) and (a-2), a charter holder is entitled to receive for the open-enrollment charter school enrichment funding under TEC, §48.202, based on the state av-erage tax effort.

(a-4) In addition to the funding provided by subsections (a), (a-2), and (a-3), a charter holder is entitled to receive funding for the open-en-rollment charter school under TEC, §48.110 and §48.112, and TEC, Chapter 48, Subchapter D, if the charter holder would be entitled to the funding if the school were a school district.

TEC, §12.106(b), states that an open-enrollment charter school is en-titled to funds that are available to school districts from TEA or the commissioner of education in the form of grants or other discretionary funding unless the statute authorizing the funding explicitly provides that open-enrollment charter schools are not entitled to the funding. In addition, TEC, Chapter 12, states that an open-enrollment charter school may not charge tuition and must admit students based on a lot-tery if more students apply for admission than can be accommodated. An open-enrollment charter school must prohibit discrimination in ad-mission policy on the basis of sex; national origin; ethnicity; religion; disability; academic, artistic, or athletic ability; or the district the child would otherwise attend. However, a charter school that specializes in the performing arts may require an applicant to audition. The charter may provide for the exclusion of a student who has a documented his-tory of a criminal offense, juvenile court adjudication, or a discipline problem under TEC, Chapter 37, Subchapter A.

Selection Criteria. A complete description of selection criteria is in-cluded in each RFA.

The commissioner may approve open-enrollment charter schools as provided in TEC, §12.101 and §12.152. There are currently 171 char-ters approved under TEC, §12.101 (Subchapter D), and 6 charters ap-proved under TEC, §12.152 (Subchapter E). There is a cap of 305 charters approved under TEC, §12.101, and no cap on the number of charters approved under TEC, §12.152. The commissioner is sched-uled to consider awards under RFAs #701-19-112, #701-19-113, and #701-19-114 in August 2020.

The commissioner may approve applicants to ensure representation of urban, suburban, and rural communities; various instructional settings; innovative programs; diverse student populations and geographic re-gions; and various eligible entities. The commissioner will consider Statements of Impact from any school district whose enrollment is likely to be affected by the open-enrollment charter school. The com-missioner may also consider the history of the sponsoring entity and the credentials and background of its board members. The commissioner may not award a charter to an entity that has within the preceding 10 years had a charter revoked, non-renewed, or surrendered. The com-missioner will not consider an application submitted by an individual that is substantially related to an entity that has within the preceding 10 years had a charter revoked, non-renewed, or surrendered.

Requesting the Application. An application must be submitted under commissioner guidelines to be considered. A complete copy of the publication Generation Twenty-Five Open-Enrollment Charter Appli-cation (RFAs #701-19-112, #701-19-113, and #701-19-114), which in-cludes an application and guidance, may be obtained on the TEA web-site at http://tea.texas.gov/Texas_Schools/Charter_Schools/.

Further Information. For clarifying information about the open-enroll-ment charter school application, contact the Division of Charter School Administration, Texas Education Agency, at (512) 463-9575 or [email protected]. TRD-201903471 Cristina De La Fuente-Valadez Director, Rulemaking Texas Education Agency Filed: September 25, 2019

♦ ♦ ♦ Texas Board of Professional Engineers and LandSurveyors Notice of Agency Name Change Through enactment of House Bill 1523, 86th Legislature, 2019, the Governor and the Legislature abolished the Texas Board of Profes-sional Land Surveying and transferred its obligations, property, rights, powers, and duties to the Texas Board of Professional Engineers and Land Surveyors. All obligations, property, rights, powers, and duties of the Texas Board of Professional Land Surveying and the Texas Board of Professional Engineers are now the obligations, property, rights, pow-ers, and duties of the Texas Board of Professional Engineers and Land Surveyors.

Effective September 1, 2019, the name of the Texas Board of Profes-sional Engineers will be changed to the Texas Board of Professional Engineers and Land Surveyors. As of September 1, 2019, the name of Title 22, Part 6, of the Texas Administrative Code is the Texas Board of Professional Engineers and Land Surveyors, but the rule numbers and names under the part will remain the same. TRD-201903367 Lance Kinney, Ph.D., P.E. Executive Director Texas Board of Professional Engineers and Land Surveyors Filed: September 18, 2019

♦ ♦ ♦ Texas Commission on Environmental Quality Agreed Orders The Texas Commission on Environmental Quality (TCEQ or commis-sion) 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 op-portunity 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 November 4, 2019. 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 con-sent is inappropriate, improper, inadequate, or inconsistent with the re-quirements of the statutes and rules within the commission's jurisdic-tion 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, Build-

44 TexReg 5806 October 4, 2019 Texas Register

Page 7: Officeof Consumer Credit CommissionerAustin, Texas 78723 on January 21, 2020. Any carrier-delivered ap-plications must be addressed to Texas Education Agency, Division of Charter School

ing C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the ap-plicable 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 November 4, 2019. Written comments may also be sent by facsimile machine to the en-forcement coordinator at (512) 239-2550. The commission's enforce-ment coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, pro-vides that comments on the AOs shall be submitted to the commission in writing.

(1) COMPANY: ALTO RURAL WATER SUPPLY CORPORA-TION; DOCKET NUMBER: 2019-0822-PWS-E; IDENTIFIER: RN101236974; LOCATION: Alto, Cherokee County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(e)(2), by failing to conduct an operation evaluation and submit a written operation evaluation report to the executive di-rector within 90 days after being notified of analytical results that caused an exceedance of the operational evaluation level for total trihalomethanes (TTHM) for Stage 2 Disinfection Byproducts at Site 1 during the fourth quarter of 2018 within the required timeline; and 30 TAC §290.115(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.080 milligrams per liter for TTHM based on the locational running annual average; PENALTY: $526; ENFORCEMENT COORDINATOR: Samantha Duncan, (512) 239-2511; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(2) COMPANY: BASF Corporation; DOCKET NUMBER: 2019-0301-AIR-E; IDENTIFIER: RN100218049; LOCATION: Freeport, Brazoria County; TYPE OF FACILITY: chemical man-ufacturing plant; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), New Source Review Permit Numbers 9513A and PSDTX641M1, Special Conditions Number 1, Federal Operating Permit Number O1927, General Terms and Conditions and Special Terms and Conditions Number 15, and Texas Health and Safety Code, §382.085(b), by failing to comply with the maximum allowable emissions rate; PENALTY: $22,500; SUPPLE-MENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $9,000; ENFORCEMENT COORDINATOR: Amanda Diaz, (512) 239-2601; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) COMPANY: BONO BROTHERS, INCORPORATED; DOCKET NUMBER: 2019-0646-SLG-E; IDENTIFIER: RN103184511; LOCA-TION: Richmond, Fort Bend County; TYPE OF FACILITY: wastewa-ter treatment plant sewage sludge land application site; RULES VIO-LATED: 30 TAC §§305.65, 305.125(2), and 312.4(a) and (d), by fail-ing to maintain authorization to land apply wastewater treatment plant sewage sludge; PENALTY: $18,000; ENFORCEMENT COORDINA-TOR: Abigail Lindsey, (512) 239-2576; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(4) COMPANY: City of Hurst; DOCKET NUMBER: 2019-0642-PST-E; IDENTIFIER: RN102653441; LOCATION: Hurst, Tarrant County; TYPE OF FACILITY: fleet refueling facility; RULES VI-OLATED: 30 TAC §334.50(b)(1)(A) and (d)(1)(B)(iii)(I) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases in a manner which will detect a release at a frequency of at least once every 30 days and failing to record inventory volume measurements for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; 30 TAC §334.72, by failing to report a suspected release to the TCEQ within 24 hours of discovery; and 30 TAC §334.74, by failing to investigate a suspected release of a regulated substance within 30 days of discov-

ery; PENALTY: $14,625; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: City of Idalou; DOCKET NUMBER: 2019-0885-PWS-E; IDENTIFIER: RN101406825; LOCATION: Idalou, Lubbock County; TYPE OF FACILITY: public water supply; RULES VIO-LATED: 30 TAC §290.107(f)(1) and Texas Health and Safety Code, 341.0315(c), by failing to comply with the maximum contaminant level of 0.007 milligrams per liter for 1,1-Dichloroethylene based on the running annual average; PENALTY: $160; ENFORCEMENT COORDINATOR: Miles Wehner, (512) 239-2813; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(6) COMPANY: Everest Motors, Incorporated; DOCKET NUM-BER: 2019-0960-AIR-E; IDENTIFIER: RN110653490; LOCATION: Houston, Harris County; TYPE OF FACILITY: commercial motor vehicle sales facility; RULES VIOLATED: 30 TAC §114.20(c)(1) and (3), and Texas Health and Safety Code, §382.085(b), by failing to ensure a motor vehicle is equipped with either the emission control system or devices that were originally part of the motor vehicle or motor vehicle engine, or an alternate emission control system or device prior to selling the motor vehicle, and failing to display a notice of the prohibitions and requirements of 30 TAC §114.20 at a commercial motor vehicle sales facility in a conspicuous and prominent location; PENALTY: $2,626; ENFORCEMENT COORDINATOR: Johnnie Wu, (512) 239-2524; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(7) COMPANY: GOLAY LLC dba Ace High; DOCKET NUMBER: 2019-0921-PST-E; IDENTIFIER: RN103140760; LOCATION: Longview, Gregg 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 overspill containers or catchment basins associated with an underground storage tank (UST) system at least every 60 days to assure that their sides, bottoms, and any penetration points are maintained liquid tight; and 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the UST for releases at a frequency of at least once every 30 days; PENALTY: $4,668; ENFORCEMENT COORDINATOR: Amanda Scott, (512) 239-2558; REGIONAL OFFICE: 9900 West IH-20, Suite 100, Midland, Texas 79706, (432) 570-1359.

(8) COMPANY: Hanza LLC dba Fuel N Food; DOCKET NUMBER: 2019-0736-PST-E; IDENTIFIER: RN106100548; LOCATION: Tyler, Smith County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(B) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tank in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $7,500; ENFORCEMENT COORDI-NATOR: Alain Elegbe, (512) 239-6924; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(9) COMPANY: Johnny Piano; DOCKET NUMBER: 2019-0801-AIR-E; IDENTIFIER: RN100751429; LOCATION: Irving, Dallas County; TYPE OF FACILITY: concrete batch plant; RULES VIO-LATED: 30 TAC §116.110(a) and §116.116(b)(1) and Texas Health and Safety Code (THSC), §382.0518(a) and §382.085(b), by failing to obtain authorization prior to constructing or modifying a source of air contaminants; and 30 TAC §116.115(b)(2)(E)(iv) and (c), New Source Review Permit Number 43696, Special Conditions Number 19.A, and THSC, §382.085(b), by failing to maintain records of quarterly visible emission observations; PENALTY: $2,688; ENFORCEMENT CO-ORDINATOR: Johnnie Wu, (512) 239-2524; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

IN ADDITION October 4, 2019 44 TexReg 5807

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(10) COMPANY: Lofton Properties, LLC; DOCKET NUMBER: 2019-1276-MLM-E; IDENTIFIER: RN109408930; LOCATION: Lubbock, Lubbock County; TYPE OF FACILITY: residential prop-erty; RULES VIOLATED: 30 TAC §330.15(c), by failing to not cause, suffer, allow, or permit the dumping or disposal of municipal solid waste without the written authorization of the commission; and 30 TAC §111.201, by failing to not cause, suffer, allow, or permit any outdoor burning within the state of Texas, except as provided by 30 TAC Chapter 111, Subchapter B, or by orders or permits of the com-mission; PENALTY: $1,750; ENFORCEMENT COORDINATOR: Tyler Richardson, (512) 239-4872; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(11) COMPANY: Michael Trey Thornton; DOCKET NUMBER: 2019-1213-WQ-E; IDENTIFIER: RN106900376; LOCATION: Abilene, Taylor County; TYPE OF FACILITY: operator; RULE VI-OLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $875; ENFORCEMENT COORDINA-TOR: Abigail Lindsey, (512) 239-2576; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(12) COMPANY: NEW ARROWHEAD LLC dba Quick Stop; DOCKET NUMBER: 2018-0102-PST-E; IDENTIFIER: RN102252210; LOCATION: Henrietta, Clay 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 pressurized piping associated with the underground storage tank system; PENALTY: $2,932; ENFORCEMENT COORDINATOR: Alain Elegbe, (512) 239-6924; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(13) COMPANY: Noble Classic Homes, Incorporated; DOCKET NUMBER: 2019-1118-WQ-E; IDENTIFIER: RN110816154; LOCA-TION: Argyle, Denton County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $875; ENFORCEMENT CO-ORDINATOR: Caleb Olson, (817) 588-5856; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: North Texas Municipal Water District; DOCKET NUMBER: 2019-0540-WQ-E; IDENTIFIER: RN102315579; LOCA-TION: Wylie, Collin County; TYPE OF FACILITY: water treatment facility; RULE VIOLATED: TWC, §26.121(a)(2), by failing to pre-vent an unauthorized discharge of potable water into or adjacent to any water in the state; PENALTY: $7,275; SUPPLEMENTAL ENVIRON-MENTAL PROJECT OFFSET AMOUNT: $7,275; ENFORCEMENT COORDINATOR: Christopher Moreno, (254) 761-3038; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: Pecos County; DOCKET NUMBER: 2019-0762-PWS-E; IDENTIFIER: RN101255933; LOCATION: Fort Stockton, Pecos County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.108(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum con-taminant level of five picoCuries per liter for combined radium-226 and -228 based on the running annual average; PENALTY: $210; EN-FORCEMENT COORDINATOR: Samantha Duncan, (512) 239-2511; REGIONAL OFFICE: 9900 West IH-20, Suite 100, Midland, Texas 79706, (432) 570-1359.

(16) COMPANY: Riverbend Water Resources District; DOCKET NUMBER: 2019-0390-IWD-E; IDENTIFIER: RN101274231; LO-CATION: New Boston, Bowie County; TYPE OF FACILITY: waste-water treatment facility; RULES VIOLATED: 30 TAC §305.125(1),

TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0004664000, Effluent Limitations and Monitoring Requirements Number 1, Outfall Number 001, Phase I, by failing to comply with permitted effluent limitations; PENALTY: $46,037; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFF-SET AMOUNT: $46,037; ENFORCEMENT COORDINATOR: Aaron Vincent, (512) 239-0855; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(17) COMPANY: Silver Sand Farm Properties, Ltd. dba Joe Eds Auto Supply; DOCKET NUMBER: 2019-0790-PST-E; IDENTIFIER: RN101846889; LOCATION: Muleshoe, Bailey County; TYPE OF FACILITY: out-of-service underground storage tank system and an automative parts store; RULES VIOLATED: 30 TAC §334.7(d)(1)(A) and (3), by failing to provide amended registration for any change or additional information regarding the underground storage tank system within 30 days from the date of the occurrence of the change or within 30 days from the date on which the owner or the operator first became aware of the change or addition; 30 TAC §334.54(b)(2), by failing to maintain all piping, pumps, manways, tank access points and ancillary equipment in a capped, plugged, locked, and otherwise secured manner to prevent access, tampering, or vandalism by unauthorized persons; 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: $4,876; ENFORCEMENT COORDINATOR: Alain Elegbe, (512) 239-6924; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(18) COMPANY: Sportsman's World Municipal Utility Dis-trict; DOCKET NUMBER: 2019-0943-IWD-E; IDENTIFIER: RN102853850; LOCATION: Strawn, Palo Pinto County; TYPE OF FACILITY: water treatment plant; RULES VIOLATED: 30 TAC §305.65 and TWC, §26.121(a)(1), by failing to maintain authorization to discharge wastewater into or adjacent to any water in the state; PENALTY: $3,525; ENFORCEMENT COORDINATOR: Katelyn Tubbs, (512) 239-2512; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(19) COMPANY: Steamboat Mountain Water Supply Corpora-tion; DOCKET NUMBER: 2019-0702-PWS-E; IDENTIFIER: RN101450773; LOCATION: Tuscola, Taylor County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.080 milligrams per liter for total trihalomethanes based on the loca-tional running annual average; PENALTY: $420; ENFORCEMENT COORDINATOR: Marla Waters, (512) 239-4712; REGIONAL OF-FICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(20) COMPANY: Texas Country Water, Incorporated; DOCKET NUMBER: 2019-0845-PWS-E; IDENTIFIER: RN101181808; LO-CATION: New Braunfels, Comal County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.106(e), by failing to timely report the results of nitrate sampling to the executive director (ED) for the January 1, 2018 - December 31, 2018, monitoring period; and 30 TAC §290.107(e), by failing to timely report the results of volatile organic chemical contaminants sampling to the ED for the January 1, 2018 - December 31, 2018, monitoring period; PENALTY: $100; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3421; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096. TRD-201903449

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Charmaine Backens Director, Litigation Division Texas Commission on Environmental Quality Filed: September 24, 2019

♦ ♦ ♦ Enforcement Orders An agreed order was adopted regarding KD Consolidated Investments, L.L.C., Docket No. 2016‑1580‑AIR‑E on September 24, 2019, assess-ing $3,750 in administrative penalties with $750 deferred. Informa-tion concerning any aspect of this order may be obtained by contact-ing Johnnie Wu, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding City of Smithville, Docket No. 2018‑0147‑MWD‑E on September 24, 2019, assessing $7,300 in ad-ministrative penalties with $1,460 deferred. Information concerning any aspect of this order may be obtained by contacting Alejandro Laje, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding MARIAM INC. dba Shell Food Mart, Docket No. 2018‑0729‑PST‑E on September 24, 2019, assess-ing $7,500 in administrative penalties with $1,500 deferred. Informa-tion concerning any aspect of this order may be obtained by contacting Hailey Johnson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Susser Petroleum Company LLC dba Snax Max 2, Docket No. 2018‑0746‑PST‑E on September 24, 2019, assessing $7,063 in administrative penalties with $1,412 deferred. Information concerning any aspect of this order may be obtained by contacting Alain Elegbe, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Frances Marie Kraft dba Kraft's Country Store, Docket No. 2018‑0927‑PST‑E on September 24, 2019, assessing $4,600 in administrative penalties with $920 deferred. In-formation concerning any aspect of this order may be obtained by con-tacting John Paul Fennell, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Wood Acres Properties LLC., Docket No. 2018‑1031‑PWS‑E on September 24, 2019, assessing $749 in administrative penalties with $149 deferred. Information concerning any aspect of this order may be obtained by contacting Julianne Dewar, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding CENTER POINT SUPPLY, INC., Docket No. 2018‑1051‑PWS‑E on September 24, 2019, assess-ing $575 in administrative penalties with $114 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding City of Douglassville, Docket No. 2018‑1156‑PWS‑E on September 24, 2019, assessing $325 in ad-ministrative penalties with $65 deferred. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway,

Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding SHORE-TECH, INC., Docket No. 2018‑1216‑PWS‑E on September 24, 2019, assessing $808 in ad-ministrative penalties with $161 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Hall, En-forcement Coordinator at (512) 239‑2545, Texas Commission on En-vironmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Equistar Chemicals, LP, Docket No. 2018‑1429‑PWS‑E on September 24, 2019, assessing $231 in administrative penalties with $46 deferred. Information concerning any aspect of this order may be obtained by contacting Julianne Dewar, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Natgasoline LLC, Docket No. 2018‑1465‑AIR‑E on September 24, 2019, assessing $3,975 in admin-istrative penalties with $795 deferred. Information concerning any as-pect of this order may be obtained by contacting Richard Garza, En-forcement Coordinator at (512) 239‑2545, Texas Commission on En-vironmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding The Lakes of Argyle, LLC, Docket No. 2018‑1467‑MLM‑E on September 24, 2019, assessing $6,492 in administrative penalties with $1,298 deferred. Information concerning any aspect of this order may be obtained by contacting Aaron Vincent, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding San Patricio County Municipal Utility District No. 1, Docket No. 2018‑1518‑PWS‑E on September 24, 2019, assessing $144 in administrative penalties with $28 deferred. Information concerning any aspect of this order may be obtained by contacting Soraya Bun, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Aqua Utilities, Inc., Docket No. 2018‑1547‑PWS‑E on September 24, 2019, assessing $135 in ad-ministrative penalties with $27 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Woodlake Josserand Water Supply Corporation, Docket No. 2018‑1552‑PWS‑E on September 24, 2019, assessing $535 in administrative penalties with $107 deferred. Information concerning any aspect of this order may be obtained by contacting Michaelle Garza, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Midcoast G & P (North Texas) L.P. f/k/a Enbridge G & P (North Texas) L.P., Docket No. 2018‑1568‑AIR‑E on September 24, 2019, assessing $3,638 in ad-ministrative penalties with $727 deferred. Information concerning any aspect of this order may be obtained by contacting Johnnie Wu, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Westpark Properties, LLC, Docket No. 2018‑1645‑PWS‑E on September 24, 2019, assessing $676 in administrative penalties with $135 deferred. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) 239‑2545, Texas

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Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Texas Department of Crimi-nal Justice, Docket No. 2018‑1676‑PWS‑E on September 24, 2019, assessing $190 in administrative penalties with $38 deferred. Informa-tion concerning any aspect of this order may be obtained by contact-ing Steven Hall, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Aqua Utilities, Inc., Docket No. 2018‑1692‑PWS‑E on September 24, 2019, assessing $861 in ad-ministrative penalties with $172 deferred. Information concerning any aspect of this order may be obtained by contacting Julianne Dewar, En-forcement Coordinator at (512) 239‑2545, Texas Commission on En-vironmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Saul Flores, Docket No. 2018‑1704‑PST‑E on September 24, 2019, assessing $1,227 in admin-istrative penalties with $245 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Corix Utilities (Texas) Inc., Docket No. 2018‑1715‑PWS‑E on September 24, 2019, assessing $536 in administrative penalties with $107 deferred. Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Aqua Utilities, Inc., Docket No. 2018‑1732‑PWS‑E on September 24, 2019, assessing $748 in ad-ministrative penalties with $149 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Hall, En-forcement Coordinator at (512) 239‑2545, Texas Commission on En-vironmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Brazos Electric Power Coop-erative, Inc., Docket No. 2018‑1744‑AIR‑E on September 24, 2019, assessing $625 in administrative penalties with $125 deferred. Infor-mation concerning any aspect of this order may be obtained by contact-ing Amanda Diaz, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Texas Building Products, Inc., Docket No. 2019‑0090‑WQ‑E on September 24, 2019, assessing $1,000 in administrative penalties with $200 deferred. Information concerning any aspect of this order may be obtained by contacting Chase Davenport, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Walter J. Carroll, Docket No. 2019‑0114‑WOC‑E on September 24, 2019, assessing $2,269 in ad-ministrative penalties with $453 deferred. Information concerning any aspect of this order may be obtained by contacting Ryan Byer, Enforce-ment Coordinator at (512) 239‑2545, Texas Commission on Environ-mental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Perry Homes, LLC, Docket No. 2019‑0238‑WQ‑E on September 24, 2019, assessing $2,001 in administrative penalties with $400 deferred. Information concerning any aspect of this order may be obtained by contacting Harley Hobson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

A field citation was adopted regarding JUSTIN HENDON, Docket No. 2019‑0777‑WOC‑E on September 24, 2019, assessing $175 in admin-istrative penalties. Information concerning any aspect of this citation may be obtained by contacting John Fennell, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. A field citation was adopted regarding Coryell County Road and Bridge Department, Docket No. 2019‑0918‑WR‑E on September 24, 2019, as-sessing $350 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Caleb Olson, En-forcement Coordinator at (512) 239‑2545, Texas Commission on En-vironmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. A field citation was adopted regarding LAPPE CONSTRUCTION SOUTH, LLC, Docket No. 2019‑0953‑WQ‑E on September 24, 2019, assessing $875 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Aaron Vincent, Enforcement Coordinator at (512) 239‑2545, Texas Com-mission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. TRD-201903462 Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: September 25, 2019

♦ ♦ ♦ Notice of an Application to Amend the LCRA Water Management Plan and Public Meeting: Application No. 5838B

The Lower Colorado River Authority (LCRA) has applied for an amendment to its Water Management Plan. The Executive Director has prepared a draft Order Approving Amendments to LCRA's Water Management Plan. LCRA's amended Water Management Plan, if granted, will be subject to all findings, conclusions, and conditions contained in the Commission's Order that is adopted. More infor-mation on the application and how to participate in the permitting process is given below. The application and Executive Director's draft order are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Building F., Austin, Texas 78753. 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 is encouraged to ask questions of the Applicant and TCEQ staff concerning the amend-ment application and the Executive Director's recommendations, but the comments and questions submitted orally during the Informal Discussion Period will not be considered by the Commission and no formal response will be made. Responses will be provided orally during the Informal Discussion Period. During the Formal Comment Period, members of the public may state their formal comments orally into the official record. The Executive Director will subsequently summarize the formal comments and prepare a written response which will be considered by the Commission before it reaches a decision on the application. The Executive Director's written response will be available to the public online or upon request. The public comment period on this application concludes at the close of the public meeting.

The Public Meeting is to be held:

October 24, 2019 at 7:00 p.m.

Texas Commission on Environmental Quality

12100 Park 35 Circle

44 TexReg 5810 October 4, 2019 Texas Register

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Building E, Room 201S

Austin, Texas 78753

Citizens are encouraged to submit written comments anytime during the public meeting. Citizens may mail their comments to the Office of the Chief Clerk, TCEQ, MC 105, P.O. Box 13087, Austin, Texas, 78711-3087 or submit them electronically at http://www14.tceq.texas.gov/epic/eComment before the public com-ment period closes, which is at the close of the public meeting. If you need more information about the amendment application or the per-mitting process, please call the TCEQ Public Education Program, Toll Free at 1-800-687-4040. General information can be found at our Web site at www.tceq.texas.gov. Si desea información en Español, puede llamar al (800) 687-4040. Further information about the application may also be obtained by calling Amy Settemeyer, Manager, TCEQ Water Availability Division, Water Rights Permitting and Availability Section, at (512) 239-4691. 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.

LCRA's Application No. 5838B to amend the WMP was received by the Commission on February 28, 2019, and was declared administra-tively complete on March 28, 2019. By statute, the technical review must be complete within one year of the administrative complete date. Technical review was completed on September 4, 2019. The applica-tion and Executive Director's draft Order Approving Amendments to LCRA's Water Management Plan are available for viewing and copy-ing at the Office of the Chief Clerk, 12100 Park 35 Circle, Building F., Austin, Texas 78753. A list of zip codes in which persons reside who may be affected by this application has been provided by the applicant to the TCEQ. To request a copy, contact Sarah Henderson at [email protected] or (512) 239-2535. The TCEQ may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice. To request a contested case hear-ing, 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 num-ber; (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; and (5) the location and distance of your property relative to the proposed ac-tivity. You may also submit any proposed conditions to the requested amendment which would satisfy your concerns. Requests for a con-tested 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 timely filed, the Executive Director will not issue the requested amendment and may forward the application and hearing request to the TCEQ Commissioners for their consider-ation at a scheduled Commission meeting. Written hearing requests or public comments should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at https://www14.tceq.texas.gov/epic/eComment/ by entering WRPERM 5838 in the search field. For information con-cerning the hearing process, please contact the Public Interest Coun-sel, MC 103, the same address. For additional information, individ-ual 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 informa-ción en Español, puede llamar al (800) 687-4040 o por el internet al http://www.tceq.texas.gov.

Issued: September 20, 2019

TRD-201903469 Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: September 25, 2019

♦ ♦ ♦ Notice of Opportunity to Comment on Agreed Orders of Administrative Enforcement Actions The Texas Commission on Environmental Quality (TCEQ or commis-sion) 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 op-portunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the opportunity to comment must be pub-lished 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 Novem-ber 4, 2019. 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 au-thority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written com-ments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Build-ing A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the appli-cable 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 November 4, 2019. Com-ments 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: Aqua Utilities, Inc.; DOCKET NUMBER: 2018-1069-PWS-E; TCEQ ID NUMBER: RN102679313; LOCA-TION: 1305 Marie Street near Joshua, Johnson County; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.45(f)(1), by failing to make a water purchase contract available to the executive director in order that production, storage, service pump, or pressure maintenance capacity may be properly evaluated; PENALTY: $600; STAFF ATTORNEY: Logan Harrell, Litigation Division, MC 175, (512) 239-1439; REGIONAL OFFICE: Dal-las-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Cameron C-Store Inc. dba Buddy's Valero; DOCKET NUMBER: 2018-0996-PST-E; TCEQ ID NUMBER: RN108962135; LOCATION: 9001 Cameron Road, Suite Number 201, Austin, Travis County; TYPE OF FACILITY: underground storage tank (UST) sys-tem and a convenience store with retail sales of gasoline; RULES VIO-LATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by fail-ing to monitor the USTs for releases at a frequency of at least once per month (not to exceed 35 days between each monitoring); PENALTY: $6,750; STAFF ATTORNEY: Kevin Bartz, Litigation Division, MC

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175, (512) 239-6225; REGIONAL OFFICE: Austin Regional Office, 12100 Park 35 Circle, Building A, Room 179, Austin, Texas 78753, (512) 339-2929.

(3) COMPANY: Charles M. Watts dba Island View Landing; DOCKET NUMBER: 2017-0103-PWS-E; TCEQ ID NUMBER: RN101239606; LOCATION: 1099 Lindsey Road, Jefferson, Marion County; TYPE OF FACILITY: public water system; RULES VIO-LATED: Texas Health and Safety Code, §341.033(d) and 30 TAC §290.109(d)(2)(A)(i) (formerly 30 TAC §290.109(c)(2)(A)(i)) and §290.122(c)(2)(A) and (f), by failing to collect routine distribution water samples for coliform analysis, and provide public notification and submit a copy of the public notification to the executive director (ED) regarding the failure to collect routine distribution water samples for coliform analysis; 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notifi-cation to the ED regarding the failure to collect routine distribution water samples for coliform analysis; and 30 TAC §290.109(d)(4)(B) (formerly 30 TAC §290.109(c)(4)(B)), by failing to collect one raw groundwater source Escherichia coli sample from all active sources within 24 hours of notification of a distribution total coliform-positive result for a routine sample; PENALTY: $1,949; STAFF ATTORNEY: Logan Harrell, Litigation Division, MC 175, (512) 239-1439; RE-GIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(4) COMPANY: C-Ray Development Group LLC; DOCKET NUM-BER: 2018-1559-EAQ-E; TCEQ ID NUMBER: RN110417086; LO-CATION: north of Dodgen Trail and Farm-to-Market Road 967, Buda, Hays County; TYPE OF FACILITY: five-acre residential development project known as the Carpenter Hill Subdivision; 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: $938; STAFF AT-TORNEY: Logan Harrell, Litigation Division, MC 175, (512) 239-1439; REGIONAL OFFICE: Austin Regional Office, 12100 Park 35 Circle, Building A, Room 179, Austin, Texas 78753, (512) 339-2929.

(5) COMPANY: E Z STOP, L.L.C. dba City Stop; DOCKET NUM-BER: 2018-0727-PST-E; TCEQ ID NUMBER: RN101796654; LO-CATION: 1621 Leopard Street, Corpus Christi, Nueces County; TYPE OF FACILITY: underground storage tank (UST) system and a conve-nience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 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; PENALTY: $5,021; STAFF ATTORNEY: Taylor Pearson, Litigation Division, MC 175, (512) 239-5937; REGIONAL OFFICE: Corpus Christi Regional Office, NRC Building, Suite 1200, 6300 Ocean Drive, Unit 5839, Cor-pus Christi, Texas 78412-5839, (361) 825-3100.

(6) COMPANY: International Aluminum Corporation dba Interna-tional Extrusion Company - Texas and Universal Molding Company, Inc.; DOCKET NUMBER: 2017-1023-MLM-E; TCEQ ID NUM-BER: RN102799947; LOCATION: 202 Singleton Road, Waxahachie, Ellis County; TYPE OF FACILITY: aluminum extrusion facility; RULES VIOLATED: 30 TAC §335.43(a), by failing to obtain a permit for the storage of hazardous waste; 40 Code of Federal Regulations (CFR) §262.11 and 30 TAC §§335.62, 335.503, and 335.504, by failing to conduct hazardous waste determinations and waste classifi-cations; TWC, §26.121(a) and 30 TAC §335.4, by causing, suffering, allowing, or permitting the unauthorized disposal of industrial solid waste (ISW); 30 TAC §335.9(a)(1), by failing to maintain records of hazardous and ISW activities; 30 TAC §335.6(c), by failing to update

the facility's Notice of Registration; 30 TAC §335.262(c)(2)(F), by failing to contain paint and paint-related waste in a container that was labeled or marked clearly with the words "Universal Waste -Paint and Paint-Related Wastes"; 40 CFR §262.34(a)(2) and (3) and §265.173 and 30 TAC §335.69(a)(2) and (3), by failing to label all hazardous waste containers with accumulation start dates and the words "Hazardous Waste" and failing to keep hazardous waste containers closed except when adding or removing waste; 30 TAC §335.8, by failing to properly perform closure of a waste management unit at the facility; 40 CFR §262.42(a)(2) and 30 TAC §335.10(a), by failing to submit an exception report for not receiving a copy of a manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter; 40 CFR §§265.37, 265.52(c) and (e) and 265.53(b) and 30 TAC §335.112(a)(2) and (3), by failing to maintain a compliant copy of the contingency plan and emergency procedures at the facility; 40 CFR §265.16(d)(4) and 30 TAC §335.112(a)(1), by failing to maintain records to demonstrate that employees are being trained within six months of hire or starting a new position and failing to maintain records to demonstrate that facility personnel were taking part in an annual review of initial training; 40 CFR §279.22(c)(1) and 30 TAC §324.6, by failing to mark or clearly label used oil storage containers with the words "Used Oil"; and 40 CFR §279.22(d) and 30 TAC §324.6, by failing to perform cleanup actions upon detection of a release of used oil; PENALTY: $253,064; STAFF ATTORNEY: Elizabeth Lieberknecht, Litigation Division, MC 175, (512) 239-0620; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Mahmood Chughtai; DOCKET NUMBER: 2018-0869-PST-E; TCEQ ID NUMBER: RN102275294; LOCA-TION: 910 South Cameron Street, Alice, Jim Wells County; TYPE OF FACILITY: underground storage tank (UST) system and a con-venience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(d) and 30 TAC §334.49(a)(1), by failing to provide corrosion protection for the UST system; and 30 TAC §334.7(d)(1)(A) and (3), by failing to provide an amended registration for any change or additional information to the agency regarding the USTs, within 30 days from the date of the occurrence of the change or addition, or within 30 days from the date on which the owner or operator first became aware of the change or addition; PENALTY: $5,000; STAFF ATTORNEY: Kevin Bartz, Litigation Division, MC 175, (512) 239-6225; REGIONAL OFFICE: Corpus Christi Regional Office, NRC Building, Suite 1200, 6300 Ocean Drive, Unit 5839, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(8) COMPANY: Mario Anthony Gomez dba The Garage Body; DOCKET NUMBER: 2019-0154-AIR-E; TCEQ ID NUMBER: RN109777599; LOCATION: 703 Lamar Street, Sweetwater, Nolan County; TYPE OF FACILITY: automotive repair and refinishing shop; RULES VIOLATED: 40 Code of Federal Regulations (CFR) §63.11175(a), Texas Health and Safety Code (THSC), §382.085(b), and 30 TAC §101.20(2) and §113.1425, by failing to submit an initial notification for 40 CFR Part 63, Subpart HHHHHH, no later than 180 days after initial startup. Specifically, Respondent did not submit the initial notification for 40 CFR Part 63, Subpart HHHHHH by November 14, 2017; and 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; PENALTY: $2,625; STAFF ATTORNEY: Jaime Garcia, Litigation Division, MC 175, (512) 239-5807; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(9) COMPANY: NAVROJ BUSINESS, INC. dba Grab N Go 3; DOCKET NUMBER: 2018-1188-PST-E; TCEQ ID NUMBER:

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RN101913911; LOCATION: 605 North Main Street, Sweeny, Brazo-ria 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 for releases at a frequency of at least once every 30 days; TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system; 30 TAC §334.72, by failing to report a suspected release to the TCEQ within 24 hours of discovery; and 30 TAC §334.74, by failing to investigate a suspected release of a regulated substance within 30 days of discovery; PENALTY: $21,525; STAFF ATTORNEY: Jaime Garcia, Litigation Division, MC 175, (512) 239-5807; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(10) COMPANY: Steven M. Moss, Edward M. Moss, and Lourdes Moss; DOCKET NUMBER: 2017-1692-PWS-E; TCEQ ID NUM-BER: RN109321638; LOCATION: 699 County Road 1180 near Alvord, Wise County; TYPE OF FACILITY: recreational vehicle and mobile home park and public water system (PWS); RULES VIOLATED: Texas Health and Safety Code, §341.0315(c) and 30 TAC §290.46(d)(2)(A) and §290.110(b)(4), by failing to maintain a disinfectant residual of at least 0.2 milligrams per liter of free chlorine throughout the distribution system at all times; 30 TAC §290.46(n)(3), by failing to keep on file copies of well completion data for as long as the well remains in service; and 30 TAC §290.46(n)(1), by failing to maintain accurate and up-to-date as-built plans or record draw-ings for each treatment plant, pump station, and storage tank at the PWS until the facility is decommissioned; PENALTY: $300; 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. TRD-201903450 Charmaine Backens Director, Litigation Division Texas Commission on Environmental Quality Filed: September 24, 2019

♦ ♦ ♦ Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions The Texas Commission on Environmental Quality (TCEQ or commis-sion) 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 pro-posed penalty; the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hear-ing 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 proce-dure followed with respect to Agreed Orders entered into by the execu-tive 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 November 4, 2019. The commission will consider any writ-ten 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 au-

thority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written com-ments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Build-ing A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the appli-cable 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 November 4, 2019. Com-ments 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: Dennis Smith dba King's Custom Collision; DOCKET NUMBER: 2017-1563-AIR-E; TCEQ ID NUMBER: RN100810407; LOCATION: 3637 Shell Street, El Paso, El Paso County; TYPE OF FACILITY: auto body refinishing shop; RULES VIOLATED: Texas Health and Safety Code, §382.085(b) and 30 TAC §116.110(e)(1), by failing to notify the commission within 30 days after the change of ownership of the site; PENALTY: $1,312; STAFF ATTORNEY: Clay-ton Smith, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(2) 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 (UST) 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; and 30 TAC §334.74, by failing to investigate a suspected release of a regulated substance within 30 days of discovery; PENALTY: $18,775; STAFF ATTORNEY: Ryan Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Hous-ton, Texas 77023-1452, (713) 767-3500. TRD-201903451 Charmaine Backens Director, Litigation Division Texas Commission on Environmental Quality Filed: September 24, 2019

♦ ♦ ♦ Notice of Public Hearing on Assessment of Administrative Penalties and Requiring Certain Actions of Alsa Group, LLC DBA Shell Gas Station: SOAH Docket No. 582-20-0043; TCEQ Docket No. 2017-1028-PST-E

The Texas Commission on Environmental Quality (TCEQ or the Com-mission) has referred this matter to the State Office of Administrative Hearings (SOAH). An Administrative Law Judge with the State Office of Administrative Hearings will conduct a public hearing at:

10:00 a.m. - October 24, 2019

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Di-rector's First Amended Report and Petition mailed February 25,

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2019, concerning assessing administrative penalties against and requiring certain actions of Alsa Group, LLC dba Shell Gas Sta-tion, for violations in El Paso County, Texas, of: Tex. Water Code §§26.3467(a) and 26.3475(c)(1) and 30 TAC §§37.815(a) and (b), 334.7(d)(3), 334.8(c)(4)(A), 334.8(c)(4)(C), 334.8(c)(5)(A)(i), and 334.50(b)(1)(A).

The hearing will allow Alsa Group, LLC dba Shell Gas Station, the Executive Director, and the Commission's Public Interest Counsel to present evidence on whether a violation has occurred, whether an administrative penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hearing will be to establish jurisdiction, afford Alsa Group, LLC dba Shell Gas Station, the Executive Director of the Commission, and the Commission's Public Interest Counsel an opportunity to negotiate and to establish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the preliminary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. Upon failure of Alsa Group, LLC dba Shell Gas Station to appear at the preliminary hearing or evidentiary hearing, the factual allegations in the notice will be deemed admitted as true, and the relief sought in the notice of hearing may be granted by default. The specific allegations included in the notice are those set forth in the Executive Director's First Amended Report and Petition, attached hereto and incorporated herein for all purposes. Alsa Group, LLC dba Shell Gas Station, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.

Legal Authority: Tex. Water Code §7.054, Tex. Water Code chs. 7 and 26, and 30 TAC chs. 70, 37, and 334; Tex. Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 TAC §§70.108 and 70.109 and ch. 80, and 1 TAC ch. 155.

Further information regarding this hearing may be obtained by con-tacting John S. Merculief II, Staff Attorney, Texas Commission on En-vironmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Infor-mation concerning your participation in this hearing may be obtained by contacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the same P.O. Box address given above, or by telephone at (512) 239-6363.

Any document filed prior to the hearing must be filed with TCEQ's Office of the Chief Clerk and SOAH. Documents filed with the Office of the Chief Clerk may be filed electronically at www.tceq.texas.gov/goto/efilings or sent to the following address: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087. Documents filed with SOAH may be filed via fax at (512) 322-2061 or sent to the following address: SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. When contacting the Commission or SOAH regarding this matter, reference the SOAH docket number given at the top of this notice.

In accordance with 1 TAC §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."

Persons who need special accommodations at the hearing should call the SOAH Docketing Department at (512) 475-3445, at least one week before the hearing.

Issued: September 24, 2019

TRD-201903465

Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: September 25, 2019

♦ ♦ ♦ Notice of Public Hearing on Assessment of Administrative Penalties and Requiring Certain Actions of Annapurna Business LLC DBA Huntington Travel Center: SOAH Docket No. 582-20-0207; TCEQ Docket No. 2018-1001-PST-E

The Texas Commission on Environmental Quality (TCEQ or the Com-mission) has referred this matter to the State Office of Administrative Hearings (SOAH). An Administrative Law Judge with the State Office of Administrative Hearings will conduct a public hearing at:

10:00 a.m. - October 24, 2019

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed May 22, 2019, concerning as-sessing administrative penalties against and requiring certain actions of ANNAPURNA BUSINESS LLC dba Huntington Travel Center, for vi-olations in Angelina County, Texas, of: Tex. Water Code §26.3475(a), and 30 Texas Administrative Code §§334.10(b)(2) and 334.50(b)(2).

The hearing will allow ANNAPURNA BUSINESS LLC dba Hunting-ton Travel Center, the Executive Director, and the Commission's Pub-lic Interest Counsel to present evidence on whether a violation has oc-curred, whether an administrative penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hear-ing will be to establish jurisdiction, afford ANNAPURNA BUSINESS LLC dba Huntington Travel Center, the Executive Director of the Com-mission, and the Commission's Public Interest Counsel an opportunity to negotiate and to establish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the preliminary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. Upon failure of ANNAPURNA BUSINESS LLC dba Huntington Travel Center to appear at the preliminary hearing or evidentiary hearing, the factual allegations in the notice will be deemed admitted as true, and the relief sought in the notice of hearing may be granted by default. The specific allegations included in the notice are those set forth in the Exec-utive Director's Preliminary Report and Petition, attached hereto and incorporated herein for all purposes. ANNAPURNA BUSI-NESS LLC dba Huntington Travel Center, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.

Legal Authority: Tex. Water Code §7.054 and chs. 7 and 26 and 30 Texas Administrative Code chs. 70 and 334; Tex. Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 Texas Administrative Code §70.108 and §70.109 and ch. 80, and 1 Texas Administrative Code ch. 155.

Further information regarding this hearing may be obtained by con-tacting Kevin R. Bartz, Staff Attorney, Texas Commission on Environ-mental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Information concerning your participation in this hearing may be obtained by con-tacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the same P.O. Box address given above, or by telephone at (512) 239-6363.

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Any document filed prior to the hearing must be filed with TCEQ's Office of the Chief Clerk and SOAH. Documents filed with the Office of the Chief Clerk may be filed electronically at www.tceq.texas.gov/goto/efilings or sent to the following address: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087. Documents filed with SOAH may be filed via fax at (512) 322-2061 or sent to the following address: SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. When contacting the Commission or SOAH regarding this matter, reference the SOAH docket number given at the top of this notice.

In accordance with 1 Texas Administrative Code §155.401(a), No-tice 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."

Persons who need special accommodations at the hearing should call the SOAH Docketing Department at (512) 475-3445, at least one week before the hearing.

Issued: September 24, 2019

TRD-201903466 Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: September 25, 2019

♦ ♦ ♦ Notice of Public Hearing on Assessment of Administrative Penalties and Requiring Certain Actions of EE-TDF Cleveland LLC: SOAH Docket No. 582-20-0052; TCEQ Docket No. 2018-1433-MSW-E

The Texas Commission on Environmental Quality (TCEQ or the Com-mission) has referred this matter to the State Office of Administrative Hearings (SOAH). An Administrative Law Judge with the State Office of Administrative Hearings will conduct a public hearing at:

10:00 a.m. - October 24, 2019

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed May 1, 2019, concerning as-sessing administrative penalties against and requiring certain actions of EE-TDF Cleveland LLC, for violations in Liberty County, Texas, of: 30 TAC §§328.60(d), 328.61(b)(1), (c), and (d), 328.62(a)(1), and 328.63(d)(3).

The hearing will allow EE-TDF Cleveland LLC, the Executive Direc-tor, and the Commission's Public Interest Counsel to present evidence on whether a violation has occurred, whether an administrative penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hearing will be to establish jurisdiction, af-ford EE-TDF Cleveland LLC, the Executive Director of the Commis-sion, and the Commission's Public Interest Counsel an opportunity to negotiate and to establish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the preliminary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. Upon failure of EE-TDF Cleveland LLC to appear at the preliminary hearing or evidentiary hearing, the factual allegations in the notice will be deemed admitted as true, and the relief sought in the notice of hearing may be granted by default.

The specific allegations included in the notice are those set forth in the Executive Director's Preliminary Report and Petition, attached hereto and incorporated herein for all purposes. EE-TDF Cleveland LLC, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.

Legal Authority: Tex. Water Code §7.054, Tex. Water Code ch. 7, Tex. Health & Safety Code ch. 361 and 30 Tex. Admin. Code chs. 70 and 328; Tex. Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 TAC §§70.108 and 70.109 and ch. 80, and 1 TAC ch. 155.

Further information regarding this hearing may be obtained by contact-ing Adam Taylor, Staff Attorney, Texas Commission on Environmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Information concern-ing your participation in this hearing may be obtained by contacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the same P.O. Box address given above, or by telephone at (512) 239-6363.

Any document filed prior to the hearing must be filed with TCEQ's Office of the Chief Clerk and SOAH. Documents filed with the Office of the Chief Clerk may be filed electronically at www.tceq.texas.gov/goto/efilings or sent to the following address: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087. Documents filed with SOAH may be filed via fax at (512) 322-2061 or sent to the following address: SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. When contacting the Commission or SOAH regarding this matter, reference the SOAH docket number given at the top of this notice.

In accordance with 1 TAC §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."

Persons who need special accommodations at the hearing should call the SOAH Docketing Department at (512) 475-3445, at least one week before the hearing.

Issued: September 24, 2019

TRD-201903467 Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: September 25, 2019

♦ ♦ ♦ Notice of Public Hearing on Assessment of Administrative Penalties and Requiring Certain Actions of NAAZ 24 BIZ INC dba Foodies 2: SOAH Docket No. 582-20-0208; TCEQ Docket No. 2019-0179-PST-E

The Texas Commission on Environmental Quality (TCEQ or the Com-mission) has referred this matter to the State Office of Administrative Hearings (SOAH). An Administrative Law Judge with the State Office of Administrative Hearings will conduct a public hearing at:

10:00 a.m. - October 24, 2019

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

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The purpose of the hearing will be to consider the Executive Direc-tor's Preliminary Report and Petition mailed July 3, 2019, concerning assessing administrative penalties against and requiring certain actions of NAAZ 24 BIZ INC dba Foodies 2, for violations in Travis County, Texas, of: Texas Water Code §26.3475(c)(1) and 30 Texas Adminis-trative Code §§334.50(b)(1)(A), 334.72, and 334.74.

The hearing will allow NAAZ 24 BIZ INC dba Foodies 2, the Execu-tive Director, and the Commission's Public Interest Counsel to present evidence on whether a violation has occurred, whether an administra-tive penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hearing will be to establish jurisdic-tion, afford NAAZ 24 BIZ INC dba Foodies 2, the Executive Director of the Commission, and the Commission's Public Interest Counsel an opportunity to negotiate and to establish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the preliminary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. Upon failure of NAAZ 24 BIZ INC dba Foodies 2 to appear at the preliminary hearing or evidentiary hearing, the factual allegations in the notice will be deemed admitted as true, and the relief sought in the notice of hear-ing may be granted by default. The specific allegations included in the notice are those set forth in the Executive Director's Prelimi-nary Report and Petition, attached hereto and incorporated herein for all purposes. NAAZ 24 BIZ INC dba Foodies 2, the Executive Di-rector of the Commission, and the Commission's Public Interest Coun-sel are the only designated parties to this proceeding.

Legal Authority: Texas Water Code §7.054 and Texas Water Code chs. 7 and 26 and 30 Texas Administrative Code chs. 70 and 334; Texas Water Code §7.058, and the Rules of Procedure of the Texas Com-mission on Environmental Quality and the State Office of Administra-tive Hearings, including 30 Texas Administrative Code §§70.108 and 70.109 and ch. 80, and 1 Texas Administrative Code ch. 155.

Further information regarding this hearing may be obtained by contact-ing Jaime C. Garcia, Staff Attorney, Texas Commission on Environ-mental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Information concerning your participation in this hearing may be obtained by con-tacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the same P.O. Box address given above, or by telephone at (512) 239-6363.

Any document filed prior to the hearing must be filed with TCEQ's Office of the Chief Clerk and SOAH. Documents filed with the Office of the Chief Clerk may be filed electronically at www.tceq.texas.gov/goto/efilings or sent to the following address: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087. Documents filed with SOAH may be filed via fax at (512) 322-2061 or sent to the following address: SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. When contacting the Commission or SOAH regarding this matter, reference the SOAH docket number given at the top of this notice.

In accordance with 1 Texas Administrative Code §155.401(a), No-tice 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."

Persons who need special accommodations at the hearing should call the SOAH Docketing Department at (512) 475-3445, at least one week before the hearing.

Issued: September 24, 2019

TRD-201903468

Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: September 25, 2019

♦ ♦ ♦ Notice of Water Quality Application

The following notice was issued on September 19, 2019.

The following does not require publication in a newspaper. Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin Texas 78711-3087 WITHIN (30) DAYS OF THE TEXAS REGISTER ISSUED DATE OF THE NOTICE.

INFORMATION SECTION

THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY has initiated a minor amendment of the Texas Pollutant Discharge Elimination System Permit No. WQ0010831001 issued to the City of Galena Park, P.O. Box 46, Galena Park, Texas 77547, to recalculate and revise the total copper effluent limits using the default copper water-effects ratio (WER) of 1.8 for the Houston Ship Channel in Segment No. 1007 of the San Jacinto River Basin. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,250,000 gallons per day. The facility is located at 1107 Fifth Street, in Harris County, Texas 77547.

If you need more information about these permit applications or the permitting process, please call the TCEQ 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. Si desea infor-mación en español, puede llamar al (800) 687-4040. TRD-201903464 Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: September 25, 2019

♦ ♦ ♦ Revised Notice of Application and Opportunity to Request a Public Meeting for a New Municipal Solid Waste Facility: Registration Application No. 40304

Application.

Inmar Rx Solutions, Inc., 635 Vine Street, Winston-Salem, North Car-olina 27101, has applied to the Texas Commission on Environmental Quality (TCEQ) for proposed Registration No. 40304, to construct and operate a medical waste transfer station. The proposed facility, Inmar RX Solutions will be located between Walton Walker Boulevard (State Loop 12) and MacArthur Boulevard, approximately 0.2 miles south of Interstate Highway 30, along Grand Lakes Way (Gifford Street), 75050, in Dallas County. The Applicant is requesting authorization to transfer medical waste, trace chemotherapy waste, non-hazardous pharmaceuticals, and unused medical supplies within an enclosed building. The registration application is available for viewing and copying at the Tony Shotwell Library, 2750 Graham Street, Grand Prairie, Texas 75050 and may be viewed online at https://www.wh-m.com/project/wm-submits-a-medical-waste-transfer-station-registra-tion-applications/. The following link to an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice:

44 TexReg 5816 October 4, 2019 Texas Register

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https://tceq.maps.arcgis.com/apps/webappviewer/in-dex.html?id=db5bac44afbc468bbddd3 60f8168250f&marker=-96.953611%2C32.758333&level=12. For exact location, refer to application.

Public Comment/Public Meeting.

Written public comments or written requests for a public meeting must be submitted to the Office of Chief Clerk at the address included in the information section below. If a public meeting is held, comments may be made orally at the meeting or submitted in writing by the close of the public meeting. A public meeting will be held by the executive di-rector if requested by a member of the legislature who represents the general area where the development is to be located, or if there is a substantial public interest in the proposed development. The purpose of the public meeting is for the public to provide input for considera-tion by the commission, and for the applicant and the commission staff to provide information to the public. A public meeting is not a con-tested case hearing. The executive director will review and consider public comments and written requests for a public meeting submitted during the comment period. The comment period shall begin on the date this notice is published and end 30 calendar days after this notice is published. The comment period shall be extended to the close of any public meeting. The executive director is not required to file a response to comments.

Executive Director Action.

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

Information Available Online.

For details about the status of the application, visit the Commission-ers' Integrated Database (CID) at www.tceq.texas.gov/goto/cid. Once you have access to the CID using the above link, enter the registration number for this application, which is provided at the top of this notice.

Agency Contacts and Information.

All public comments and requests must be submitted either electron-ically 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 regis-tration application or the registration process, please call the TCEQ's Public Education Program, Toll Free, at (800) 687-4040 or visit their website www.tceq.texas.gov/goto/pep. 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.

Further information may also be obtained from Inmar Rx Solutions, Inc. at the address stated above or by calling Ashley Schmidt at (336) 631-2883. TRD-201903463

Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: September 25, 2019

♦ ♦ ♦ Texas Superfund Registry 2019

BACKGROUND

The Texas Commission on Environmental Quality (TCEQ or commis-sion) is required under the Texas Solid Waste Disposal Act, Texas Health and Safety Code (THSC), Chapter 361, to identify, to the extent feasible, and evaluate facilities which may constitute an imminent and substantial endangerment to public health and safety or to the environ-ment due to a release or threatened release of hazardous substances into the environment. The first registry identifying these sites was published in the January 16, 1987, issue of the Texas Register (12 TexReg 205). Pursuant to THSC, §361.181, the commission must update the state Su-perfund registry annually to add new facilities that have been proposed for listing in accordance with THSC, §361.184(a) or listed in accor-dance with THSC, §361.188(a)(1) (see also 30 Texas Administrative Code (TAC) §335.343) or to remove facilities that have been deleted in accordance with THSC, §361.189 (see also 30 TAC §335.344). The current notice also includes facilities where state Superfund action has ended, or where cleanup is being adequately addressed by other means.

SITES LISTED ON THE STATE SUPERFUND REGISTRY

The state Superfund registry identifying those facilities that are listed and have been determined to pose an imminent and substantial endan-germent are set out in descending order of Hazard Ranking System (HRS) scores as follows.

1. Col-Tex Refinery. Located on both sides of Business Interstate Highway 20 (United States Highway 80) in Colorado City, Mitchell County: tank farm and refinery.

2. First Quality Cylinders. Located at 931 West Laurel Street, San Antonio, Bexar County: aircraft cylinder rebuilder.

3. Camtraco Enterprises, Inc. Located at 18823 Amoco Drive in Pearland, Brazoria County: fuel storage/fuel blending/distillation.

4. Pioneer Oil Refining Company. Located at 20280 South Payne Road, outside of Somerset, Bexar County: oil refinery.

5. Precision Machine and Supply. Located at 500 West Olive Street, Odessa, Ector County: chrome plating and machine shop.

6. Voda Petroleum Inc. Located approximately 1.25 miles west of the intersection of Farm-to-Market Road (FM) 2275 (George Richey Road) and FM 3272 (North White Oak Road), 2.6 miles north-northeast of Clarksville City, Gregg County: waste oil recycling.

7. Sonics International, Inc. Located north of Farm Road 101, approx-imately two miles west of Ranger, Eastland County: industrial waste injection wells.

8. Maintech International. Located at 8300 Old Ferry Road, Port Arthur, Jefferson County: chemical cleaning and equipment hydrob-lasting.

9. Federated Metals. Located at 9200 Market Street, Houston, Harris County: magnesium dross/sludge disposal, inactive landfill.

10. International Creosoting. Located at 1110 Pine Street, Beaumont, Jefferson County: wood treatment.

IN ADDITION October 4, 2019 44 TexReg 5817

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11. McBay Oil and Gas. Located approximately three miles northwest of Grapeland on Farm Road 1272, Houston County: oil refinery and oil reclamation plant.

12. Materials Recovery Enterprises (MRE). Located about four miles southwest of Ovalo, near United States Highway 83 and Farm Road 604, Taylor County: Class I industrial waste management.

13. Hu-Mar Chemicals. Located north of McGlothlin Road, between the old Southern Pacific Railroad tracks and 12th Street, Palacios, Matagorda County: pesticide and herbicide formulation.

14. American Zinc. Located approximately 3.5 miles north of Dumas on United States Highway 287 and five miles east of Dumas on Farm Road 119, Moore County: zinc smelter.

15. Toups. Located on the west side of Texas 326, 2.1 miles north of its intersection with Texas 105, in Sour Lake, Hardin County: fencepost treating and municipal waste.

16. Harris Sand Pits. Located at 23340 South Texas 16, approximately 10.5 miles south of San Antonio at Von Ormy, Bexar County: commer-cial sand and clay pit.

17. JCS Company. Located north of Phalba on County Road 2415, approximately 1.5 miles west of the intersection of County Road 2403 and Texas 198, Van Zandt County: lead-acid battery recycling.

18. Jerrell B. Thompson Battery. Located north of Phalba on County Road 2410, approximately one mile north of the intersection of County Road 2410 and Texas 198, Van Zandt County: lead-acid battery recy-cling.

19. Spector Salvage Yard. Located at Jackson Avenue and Tenth Street, Orange, Orange County: military surplus and chemical salvage yard.

20. Hayes-Sammons Warehouse. Located at Miller Avenue and East Eighth Street, Mission, Hidalgo County: commercial grade pesticide storage.

21. Jensen Drive Scrap. Located at 3603 Jensen Drive, Houston, Harris County: scrap salvage.

22. State Highway 123 PCE Plume. Located near the intersection of State Highway 123 and Interstate Highway 35 in San Marcos, Hays County: contaminated groundwater plume.

23. Baldwin Waste Oil Company. Located on County Road 44 ap-proximately 0.1 mile west of its intersection with Farm Road 1889, Robstown, Nueces County: waste oil processing.

24. Hall Street. Located north of the intersection of 20th Street East with California Street, north of Dickinson, Galveston County: waste disposal and landfill/open field dumping.

25. Unnamed Plating. Located at 6816 - 6824 Industrial Avenue, El Paso, El Paso County: metals processing and recovery.

26. Tricon America, Inc. Located at 101 East Hampton Road, Crowley, Tarrant County: aluminum and zinc smelting and casting.

27. Mineral Wool Insulation Manufacturing Company. Located on Shaw Road at the northwest corner of the city limits of Rogers, Bell County: mineral wool manufacturing.

SITES PROPOSED FOR LISTING ON THE STATE SUPERFUND REGISTRY

Those facilities that may pose an imminent and substantial endanger-ment and that have been proposed to the state Superfund registry are set out in descending order of HRS scores as follows.

1. Kingsland. Located in the vicinity of the 2100 and 2400 blocks of FM Road 1431 in the community of Kingsland, Llano County: former coin-operated dry cleaning facility.

2. Angus Road Groundwater Site. Located beneath the 4300 block of Angus Road, west of Odessa, Ector County: groundwater plume of unknown source.

3. Industrial Road/Industrial Metals. Located at 3000 Agnes Street in Corpus Christi, Nueces County: lead-acid battery recycling and copper coil salvage.

4. Tenaha Wood Treating. Located at 275 County Road 4382, about a mile and a half south of the city limits and near the intersection of United States Highway 96 and County Road 4382, Tenaha, Shelby County: wood treatment.

5. Poly-Cycle Industries, Inc., Tecula. Located northeast of Tecula on the southeast corner of the intersection of FM 2064 and County Road 4216, Cherokee County: lead-acid battery recycling.

6. Process Instrumentation and Electrical (PIE). Located at the north-west corner of 48th Street and Andrews Highway (Highway 385) in Odessa, Ector County: chromium plating.

7. Marshall Wood Preserving. Located at 2700 West Houston Street, Marshall, Harrison County: wood treatment.

8. Avinger Development Company (ADCO). Located on the south side of State Highway 155, approximately 0.25 mile east of the intersection with State Highway 49, Avinger, Cass County: wood treatment.

9. Moss Lake Road Groundwater Site. Located approximately 0.25 mile north of the intersection of North Moss Lake Road and Interstate Highway 20, approximately four miles east of Big Spring, Howard County: groundwater plume of unknown source.

10. Ballard Pits. Located at the end of Ballard Lane, west of its inter-section with County Road 73, approximately 5.8 miles north of Rob-stown, Nueces County: disposal of oil field drilling muds and petro-leum wastes.

11. Cass County Treating Company. Located at 304 Hall Street within the southeastern city limits of Linden, Cass County: wood treatment.

12. Tucker Oil Refinery/Clinton Manges Oil Refinery. Located on the east side of United States Highway 79 in the rural community of Tucker, Anderson County: oil refinery.

13. Bailey Metal Processors, Inc. Located one mile northwest of Brady on Highway 87, McCulloch County: scrap metal dealer, primarily con-ducting copper and lead reclamation.

14. City View Road Groundwater Plume. Located northwest of the intersection of Interstate Highway 20 and State Highway 158, Midland County: groundwater contamination plume.

15. Scrub-A-Dubb Barrel Company. Located at 1102 North Ash Av-enue, Lubbock, Lubbock County: former drum cleaning and recondi-tioning business.

CHANGES SINCE THE OCTOBER 2018 SUPERFUND REGISTRY PUBLICATION

Since the last Texas Register publication of the state Superfund registry on October 26, 2018 (43 TexReg 7255), the Hu-Mar Chemicals and Mineral Wool Insulation Manufacturing Company sites were listed on the state Superfund registry. There were no sites proposed to or deleted from the state Superfund registry.

SITES DELETED FROM THE STATE SUPERFUND REGISTRY

To date, 57 sites have been deleted from the state Superfund registry.

44 TexReg 5818 October 4, 2019 Texas Register

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Aluminum Finishing Company, Harris County; Archem Com-pany/Thames Chelsea, Harris County; Aztec Ceramics, Bexar County; Aztec Mercury, Brazoria County; Barlow's Wills Point Plating, Van Zandt County; Bestplate, Inc., Dallas County; Butler Ranch, Karnes County; Cox Road Dump Site, Liberty County; Crim-Hammett, Rusk County; Dorchester Refining Company, Titus County; Double R Plat-ing Company, Cass County; El Paso Plating Works, El Paso County; EmChem Corporation, Brazoria County; Force Road Oil, Brazoria County; Gulf Metals Industries, Harris County; Hagerson Road Drum, Fort Bend County; Harkey Road, Brazoria County; Hart Creosoting, Jasper County; Harvey Industries, Inc., Henderson County; Hicks Field Sewer Corp., Tarrant County; Hi-Yield, Hunt County; Higgins Wood Preserving, Angelina County; Houston Lead, Harris County; Houston Scrap, Harris County; J.C. Pennco Waste Oil Service, Bexar County; James Barr Facility, Brazoria County; Kingsbury Metal Fin-ishing, Guadalupe County; LaPata Oil Company, Harris County; Lyon Property, Kimble County; McNabb Flying Service, Brazoria County; Melton Kelly Property, Navarro County; Munoz Borrow Pits, Hidalgo County; Newton Wood Preserving, Newton County; Niagara Chem-ical, Cameron County; Old Lufkin Creosoting, Angelina County; Permian Chemical, Ector County; Phipps Plating, Bexar County; PIP Minerals, Liberty County; Poly-Cycle Industries, Ellis County; Poly-Cycle Industries, Jacksonville, Cherokee County; Rio Grande Refinery I, Hardin County; Rio Grande Refinery II, Hardin County; Rogers Delinted Cottonseed-Colorado City, Mitchell County; Rogers Delinted Cottonseed-Farmersville, Collin County; Sampson Horrice, Dallas County; SESCO, Tom Green County; Shelby Wood Specialty, Inc., Shelby County; Sherman Foundry, Grayson County; Solvent Recovery Services, Fort Bend County; South Texas Solvents, Nueces County; State Marine, Jefferson County; Stoller Chemical Company, Hale County; Texas American Oil, Ellis County; Thompson Hayward Chemical, Knox County; Waste Oil Tank Services, Harris County; Woodward Industries, Inc., Nacogdoches County; and Wortham Lead Salvage, Henderson County.

REMOVAL FROM INCLUSION

The Lindsay Post Company Site, located in Alto, Cherokee County, was removed from inclusion on the registry as a site that was pro-posed for listing in the January 22, 1988, issue of the Texas Register (13 TexReg 427).

How to Access Agency Records

Agency records for these sites may be accessible for viewing or copy-ing by contacting the TCEQ Central File Room (CFR) Customer Ser-vice Center, Building E, North Entrance, at 12100 Park 35 Circle, Austin, Texas 78753, phone number (512) 239-2900, fax (512) 239-1850, or e-mail [email protected]. CFR Customer Service Center staff will assist with providing program area contacts for records not maintained in the CFR. Also, inquiries concerning the agency Super-fund program records may be directed to Superfund staff at the Super-fund toll-free line (800) 633-9363 or e-mail [email protected]. Parking for mobility impaired persons is available on the east side of Building D, convenient to access ramps that are located between Build-ings D and E. There is no charge for viewing the files; however, copying of file information is subject to payment of a fee. TRD-201903452 Charmaine Backens Director, Litigation Division Texas Commission on Environmental Quality Filed: September 24, 2019

♦ ♦ ♦ 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: Semiannual Report due July 15, 2019, for Committees

Charles Anderson, Texas Legislative Rural Caucus, P.O. Box 2910, Austin, Texas 78701

Tommy J. Azopardi, Texans for Economic Development, P.O. Box 658138, Austin, Texas 78768

Casey K. Bingham, North Texas Committee on Judicial Excellence, 2609 Lookout Drive #7211, Garland, Texas 75044

Janice L. Burkholder, Pathfinders Republican Women's Club, 21 Tow-ering Pines Dr., The Woodlands, Texas 77381

Danielle Burrell, Houston Area COGIC PAC, 7863 Split Oak, Houston, Texas 77040

Moni Casarez, Latinos for Trump TX, 6725 Fairmont Pkwy. 102, Pasadena, Texas 77505

Abel Cisneros, Latino Labor Leadership Political Action Committee, 4322 Clay St, Houston, Texas, 77023

Johnathan T. Edwards, Galveston Maritime Business Association Po-litical Action Committee, 902 22nd St. #3, Galveston, Texas 77550

Leslie Ficke, Highland Park Community League, 25 Highland Park Village #100-533, Dallas, Texas 75205

Susan R. Fowler, Texas Motion Picture Alliance PAC, 4809 Comal St., Pearland, Texas 77581

James Guzman, Move Hutto Forward, P.O.Box 433, Hutto, Texas 78634

Gabrielle Harris, SFA College Democrats, 1963 N. Street, Nacog-doches, Texas 75962

Gabrielle Harris, Texas Students United, 2905 Ipswitch Ln, McKinney, Texas, 75071

Michelle Hill, Citizens State Bank Woodville, Texas PAC, 800 Wash-ington Ave., Waco, Texas 76701

Dusty Lee Hopkins, Vote Yes for Sweeny ISD, 706 Shady Dr., Sweeny, Texas 77480

Stephen W. Hyatt, Frisco Fire Fighters Committee For A Responsible Government, 80 Derby Dr., Van Alstyne, Texas 75495

Charles D. Land, Southwest Competitive Telecommunications Assn., 500 N. Capital of Texas Hwy., Bldg. 8-250, Austin, Texas 78746

Lamontry S. Lott, Black Firefighters United PAC, 2448 Tan Oak Dr., Dallas, Texas 75212

Mary M. McAdam, Dallas Green Alliance, 5411 Monticello Ave., Dal-las, Texas 75206

Jacob McLeod, Texas College Democrats, 3088 Old Omen Rd. Liberty Landing 523B, Tyler, Texas 75701

Angie Morrison, Asian Leaders, 470 Robinson Tract, Livingston, Texas 77351

Angie Morrison, CodeRED TEXAS, 470 Robinson Tract, Livingston, Texas 77351

Jan-Michael Pate, Committee to Make Rusk Great Again, 150 Birm-ingham Forest, Rusk, Texas 75785

IN ADDITION October 4, 2019 44 TexReg 5819

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Carlos G. Perrett, ADELANTE Houston, 12251 Elm Orchard Trail, Humble, Texas 77346

Lesley L. Ryan, Texans for Healthy Kids PAC, 3001 Festus Dr., Austin, Texas 78748

Nathan G. Schwarz, Election Integrity Advocates, 1401 S. Cage #23, Pharr, Texas 78577

Michael J. Warner, A Better Texas PAC, P.O. Box 8325, Houston, Texas 77288

TRD-201903377 Anne T. Peters Executive Director Texas Ethics Commission Filed: September 20, 2019

♦ ♦ ♦ 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 affect-ing the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal con-sistency review were deemed administratively complete for the follow-ing project(s) during the period of September 13, 2019, to September 20, 2019. As required by federal law, the public is given an opportu-nity 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, September 27, 2019. The public comment period for this project will close at 5:00 p.m. on Sunday, October 27, 2019.

FEDERAL AGENCY ACTIONS:

Applicant: Motiva Enterprises, LLC

Location: The project site is located in the Port Arthur Canal and Sabine-Neches Waterway at Texaco Island, in Port Arthur, Jefferson County, Texas.

Latitude & Longitude (NAD 83): 29.828811, -93.960006

Project Description: The applicant proposes to construct a new ma-rine terminal (Berth 1) at the Motiva Port Arthur Terminal on Texaco Island. The proposed construction includes the removal of existing pier structures, placement of a steel sheet-pile bulkhead onshore for bank stabilization, dredging/excavating into the bank of Texaco Island in front of the sheet-pile bulkhead to allow for construction of the new berth to be approximately 250 feet from the navigation channel, and the vertical dredging of sediment within the berthing area to allow for shipping access. Approximately 622,650 cubic yards of material will be hydraulically and/or mechanically excavated to 44 feet below mean lower low water (MLLW). Once dredging operations are completed, the sheet-pile bulkhead will reach a depth of 18 feet below MLLW to retain the onshore area and accommodate transfer from the shore to the platform. The distance from the bulkhead to the dredge toe of slope will be approximately 90 feet. Dredge material will be placed in Placement Area 9, which is operated by the Sabine Neches Navigation District. Return effluent from Placement Area 9 will be evaluated under a sep-arate permitting process.

Type of Application: U.S. Army Corps of Engineers (USACE) per-mit application # SWG-2005-01144. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899.

CMP Project No: 20-1014-F1

Further information on the applications listed above, including a copy of the consistency certifications or consistency determinations for inspection, may be obtained from Ms. Allison Buchtien P.O. Box 12873, Austin, Texas 78711-2873, or via email at [email protected]. Comments should be sent to Ms. Buchtien at the above address or by email. TRD-201903459 Mark A. Havens Chief Clerk and Deputy Land Commissioner General Land Office Filed: September 24, 2019

♦ ♦ ♦ Texas Department of Insurance Company Licensing

Application to do business in the state of Texas for MEMIC Casualty Company, a foreign fire and/or casualty company. The home office is in Portland, Maine.

Application to do business in the state of Texas for Stonetrust Premier Casualty Insurance Company, a foreign fire and/or casualty company. The home office is in Omaha, Nebraska.

Application for incorporation in the state of Texas for LeadingAge Texas Health Plan, Inc., a domestic Multiple Employer Welfare Ar-rangement (MEWA). The home office is in Austin, Texas.

Application for @Home Insurance Company, a foreign fire and/or ca-sualty company, to change its name to AtHome Insurance Company. The home office is in Woodbridge, New Jersey.

Any objections must be filed with the Texas Department of Insur-ance, 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-201903470 James Person General Counsel Texas Department of Insurance Filed: September 25, 2019

♦ ♦ ♦ Notice of Rate Filing

Description:

On September 11, 2019, the Texas Automobile Insurance Plan Associ-ation (TAIPA) filed a request to charge new insurance rates for private passenger and commercial automobiles. The filed rates represent a 4.9 percent increase in private passenger automobile rates and a 4.8 percent increase in commercial automobile rates. TAIPA proposed an effective date of February 1, 2020, for new and renewal business.

The Commissioner of Insurance will review the filing to determine if TAIPA's proposed rates are just, reasonable, adequate, not exces-sive, not confiscatory, and not unfairly discriminatory for the risks cov-ered, as required by Texas Insurance Code §2151.201 and §2151.202. TAIPA's proposed rates must also be sufficient to carry all claims to maturity and meet the expenses incurred in writing and servicing the business.

44 TexReg 5820 October 4, 2019 Texas Register

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Pursuant to Texas Insurance Code §2151.2022(c), the Commissioner has extended the period by which the filing must be approved or disap-proved by 30 days. The filing must now be approved or disapproved no later than November 10, 2019.

To Review, Request Copies, and Comment:

To review or get copies of TAIPA's rate filing:

Online: Go to www.tdi.texas.gov/rules/2019/exrules.html.

In person: You can review the filing at the Office of the Chief Clerk, Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78701, during regular business hours.

By mail: Write to the Office of the Chief Clerk, Mail Code 112-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104.

To comment on the rate filing, send written comments by email to [email protected], or by mail to the Office of the Chief Clerk, Mail Code 112-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. Hand-delivered comments must be di-rected to the Office of the Chief Clerk, Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78701, and can be delivered dur-ing regular business hours. Your comments must be received by 5:00 p.m. central time on October 18, 2019. TRD-201903368 James Person General Counsel Texas Department of Insurance Filed: September 18, 2019

♦ ♦ ♦ Texas Windstorm Insurance Association - Policy Form and Endorsement Filings Reference Numbers: P-0819-11, P-0819-12, P-0819-13, and P-0919-15

SERFF State Tracking Nos. S670105, S670106, S670104, and S671347

The Texas Windstorm Insurance Association has filed forms with the Texas Department of Insurance for approval under 28 TAC §5.4911:

--revised Commercial Policy;

--revised Dwelling Policy;

--revised Endorsement No. 164 - Replacement Cost Coverage - Cov-erage A (Building) and Coverage B (Business Personal Property);

--revised Endorsement No. 165 - Replacement Cost Coverage - Actual Cash Value Roofs;

--revised Endorsement No. 365 - Replacement Cost Coverage En-dorsement - Personal Property;

--new Endorsement No. 802 - Replacement Cost Coverage A (Dwelling); and

--new Endorsement No. 804 - Replacement Cost Coverage A (Dwelling) with Actual Cash Value Coverage for Roof Coverings.

You can get a copy of the filings from the Office of the Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104, or online at www.tdi.texas.gov/submis-sions/indextwia.html#form.

Public Comment: Send comments on the filings to [email protected] or to the Office of the Chief Clerk, MC 112-2A,

Texas Department of Insurance, P.O. Box 149104, Austin, TX 78714-9104 by 5:00 p.m., Central time, on November 4, 2019.

Hearing Requests: To request a public hearing, you must submit a request separately by 5:00 p.m., Central time, on October 25, 2019. Send the request for a hearing to [email protected] or by mail to the Texas Department of Insurance, Office of the Chief Clerk, Mail Code 112-2A, P.O. Box 149104, Austin, Texas 78714-9104. TRD-201903454 James Person General Counsel Texas Department of Insurance Filed: September 24, 2019

♦ ♦ ♦ North Central Texas Council of Governments Request for Proposals for Preliminary Engineering of the Bomber Spur Regional Veloweb Shared-Use Path

The North Central Texas Council of Governments (NCTCOG) is re-questing written proposals from consultant firms for preliminary engi-neering of the Bomber Spur Regional Veloweb Shared-Use Path. The Project study area is within Fort Worth from the intersection of SH 183 and West Vickery Boulevard on the south and continues northward ap-proximately 3 miles to its terminus near the intersection of SH 183 and Calmont Avenue. The shared-use path will link neighborhoods with multiple employment centers, schools, and regional destinations in Fort Worth. The scope of work to be performed by the Consultant shall consist of development of preliminary design to include a concep-tual schematic, preliminary engineering and preliminary environmen-tal analysis, and detailed preliminary estimates of construction costs for the shared-use path alignment. All project activities shall comply with all applicable federal, state and local regulations and design criteria.

Proposals must be received no later than 5:00 p.m. Central Standard Time, on Friday, November 1, 2019, to Kevin Kokes, Program Man-ager, 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, October 4, 2019.

NCTCOG encourages participation by disadvantaged business enter-prises and does not discriminate on the basis of age, race, color, reli-gion, sex, national origin, or disability. TRD-201903460 R. Michael Eastland Executive Director North Central Texas Council of Governments Filed: September 24, 2019

♦ ♦ ♦ Texas Parks and Wildlife Commission Notice of Proposed Real Estate Transactions Grant of Easement - Jefferson County

Approximately 66 Acres at the Justin Hurst Wildlife Management Area

In a meeting on November 7, 2019, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing an ease-ment of approximately 66 acres for a high-voltage transmission line across a portion of the Justin Hurst Wildlife Management Area in Jefferson County. The public will have an opportunity to comment on the proposed easement before the Commission takes action. The

IN ADDITION October 4, 2019 44 TexReg 5821

Page 22: Officeof Consumer Credit CommissionerAustin, Texas 78723 on January 21, 2020. Any carrier-delivered ap-plications must be addressed to Texas Education Agency, Division of Charter School

♦ ♦ ♦

meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife De-partment, 4200 Smith School Road, Austin, Texas 78744 or by email at [email protected] or through the department's website at www.tpwd.texas.gov.

Grant of Easement - Harris County

Approximately 2 Acres at the Sheldon Lake State Park

In a meeting on November 7, 2019, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing an easement of approximately 2 acres for improvements to and use of an existing water pump station on the Sheldon Lake State Park in Harris County. The public will have an opportunity to comment on the proposed easement before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Trey Vick, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744 or by email at [email protected] or through the department's website at www.tpwd.texas.gov. TRD-201903432 Robert D. Sweeney, Jr. General Counsel Texas Parks and Wildlife Department Filed: September 23, 2019

♦ ♦ ♦ Department of Savings and Mortgage Lending Notice of Application for Change of Control of a Savings Bank

Notice is hereby given that on September 18, 2019, an application was filed with the Savings and Mortgage Lending Commissioner of Texas for change of control of Shelby Bancshares, Inc., Center, and there-fore, Shelby Savings Bank, SSB, Center, Texas by Rick L. Campbell, Angela Campbell Koonce, James Campbell, Cameron McElroy and Collin McElroy (collectively the "Campbell Group") for permission to acquire, as to Rick L. Campbell, 10% or more of the outstanding common stock of Shelby Bancshares, Inc., Center, Texas, and as to the Campbell Group, in the aggregate, 25% or more of the outstanding common stock of Shelby Bancshares, Inc, Center, Texas.

This application is filed pursuant to 7 TAC §§75.121 - 75.127 of the Rules and Regulations Applicable to Texas Savings Banks. These Rules are on file with the Office of the Secretary of State, Texas Regis-ter Division, or may be seen at the Department's offices in the Finance

Commission Building, 2601 North Lamar, Suite 201, Austin, Texas 78705. TRD-201903371 Caroline C. Jones Commissioner Department of Savings and Mortgage Lending Filed: September 19, 2019

♦ ♦ ♦ Texas Water Development Board Applications for August 2019

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

Project ID #73851, a request from the City of Edgewood, 107 North Front Street, Edgewood, Texas 75117-0377, received on August 1, 2019, for $1,540,000 in financial assistance from the Clean Water State Revolving Fund, replace aging collection system lines, manholes, and lift stations. The anticipated funding request will cover all aspects of the project including planning through construction.

Project ID #73849, a request from the City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102-6314, received on August 2, 2019, for $77,965,000 in financial assistance from the Clean Water State Revolv-ing Fund, construct a new biosolids processing facility at the Village Creek Water Reclamation Plant that will produce a more marketable end product.

Project ID #21783, a request from the Village of Surfside Beach, 1304 Monument Drive, Surfside Beach, Texas 77541-9522, received on Au-gust 5, 2019, for $1,800,000 in financial assistance from the Texas Wa-ter Development Fund, for planning, design and construction of the proposed project is in response to the required compliance with Texas Commission on Environmental Quality directives.

Project ID #73850, a request from the City of Lefors, 103 South Court Street, Lefors, Texas 79054-0383, received on August 12, 2019, for $800,000 in financial assistance from the Clean Water State Revolving Fund, for planning, design, and construction of wastewater treatment plant improvements. TRD-201903365 Todd Chenoweth General Counsel Texas Water Development Board Filed: September 18, 2019

44 TexReg 5822 October 4, 2019 Texas Register


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