Office of Consumer Credit Commissioner
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §303.003, §303.005, and §303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 10/07/24 - 10/13/24 is 18.00% for consumer1 credit.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 10/07/24 - 10/13/24 is 18.00% for commercial2 credit.
The monthly ceiling as prescribed by §303.0053 and §303.009 for the period of 10/01/24 - 10/31/24 is 18.00%.
1 Credit for personal, family, or household use.
2 Credit for business, commercial, investment, or other similar purpose.
3 Only for variable rate commercial transactions, as provided by §303.004(a).
TRD-202404707
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: October 2, 2024
Notice Concluding Annual Review of 1 TAC §255.4
The Commission on State Emergency Communications (CSEC) published notice of its annual review of the definitions of the terms "local exchange access line" and "equivalent local exchange access line" in §255.4 in the August 16, 2024, issue of the Texas Register (49 TexReg 6291).
CSEC is required by Health and Safety Code §771.063 to adopt by rule the foregoing definitions and to annually review the definitions "to address technical and structural changes in the provision of telecommunications and data services."
No comments were received regarding CSEC's notice of annual review.
CSEC has determined not to propose amendments to the definitions in §255.4, and to leave in effect the rule as adopted by CSEC in September 2007.
This concludes CSEC's annual review of §255.4.
TRD-202404622
Patrick Tyler
General Counsel
Commission on State Emergency Communications
Filed: September 25, 2024
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is November 12, 2024. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on November 12, 2024. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission's enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on the AOs shall be submitted to the commission in writing.
(1) COMPANY: Aqua Texas, Incorporated; DOCKET NUMBER: 2024-0204-PWS-E; IDENTIFIER: RN104965934; LOCATION: Beach City, Chambers County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.45(b)(1)(D)(iv) and Texas Health and Safety Code, §341.0315(c), by failing to provide an elevated storage capacity of 100 gallons per connection or a pressure tank capacity of 20 gallons per connection; PENALTY: $350; ENFORCEMENT COORDINATOR: Miles Caston, (512) 239-4593; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(2) COMPANY: City of Bardwell; DOCKET NUMBER: 2024-0406-PWS-E; IDENTIFIER: RN101238608; LOCATION: Bardwell, Ellis County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.42(e)(3)(G), by failing to obtain an exception, in accordance with 30 TAC §290.39(l), prior to using blended water containing free chlorine and water containing chloramines; PENALTY: $180; ENFORCEMENT COORDINATOR: Daphne Greene, (903) 535-5157; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(3) COMPANY: City of Spur; DOCKET NUMBER: 2024-0321-PWS-E; IDENTIFIER: RN101392264; LOCATION: Spur, Dickens County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(e)(4)(C), by failing to provide forced air ventilation, which includes both high level and floor level screened and louvered vents, a fan which is located and draws air in through the top vent and discharges to the outside atmosphere through the floor level vent, and a fan switch located outside, for enclosures containing more than one operating 150-pound cylinder of chlorine; 30 TAC §290.42(l), by failing to compile and maintain a thorough and up-to-date plant operations manual for operator review and reference; 30 TAC §290.44(h)(1)(A), by failing to ensure additional protection was provided at all residences or establishments where an actual or potential contamination hazard exists in the form of an air gap or a backflow prevention assembly, as identified in 30 TAC §290.47(f); and 30 TAC §290.46(z), by failing to create a nitrification action plan for all systems distributing chloraminated water; PENALTY: $2,750; ENFORCEMENT COORDINATOR: Ilia Perez-Ramirez, (713) 767-3743; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(4) COMPANY: Cody Blake Davis dba Davis Complex; DOCKET NUMBER: 2024-0470-PWS-E; IDENTIFIER: RN111762969; LOCATION: Slaton, Lubbock County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.106(f)(2) and Texas Health and Safety Code (THSC), §341.031(a), by failing to comply with the acute maximum contaminant level (MCL) of ten milligrams per liter (mg/L) for nitrate; and 30 TAC §290.106(f)(3)(C) and THSC, §341.0315(c), by failing to comply with the MCL of 4 mg/L for fluoride based on a running annual average; PENALTY: $6,000; ENFORCEMENT COORDINATOR: De'Shaune Blake, (210) 403-4033; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 492-3096.
(5) COMPANY: Covestro LLC; DOCKET NUMBER: 2019-1310-AIR-E; IDENTIFIER: RN100209931; LOCATION: Baytown, Chambers County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), New Source Review (NSR) Permit Numbers 2005, 32770, and 32835, Special Conditions (SC) Numbers 1, 9, and 11, Federal Operating Permit (FOP) Numbers O2101, O2102, and O3674, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 15, and Texas Health and Safety Code (THSC), §382.085(b), by failing to comply with the maximum allowable emissions rate and throughput limit; 30 TAC §116.115(c) and §122.143(4), NSR Permit Numbers 2005 and 2035A, SC Numbers 5 and 7.A., FOP Numbers O2100 and O2101, GTC and STC Numbers 10 and 15, and THSC, §382.085(b), by failing to comply with the throughput limit; 30 TAC §116.115(c) and §122.143(4), NSR Permit Number 22197, SC Number 1, FOP Number O2102, GTC and STC Number 15, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §§122.132(d)(4)(C)(iv), 122.142(d)(2), and 122.143(4), FOP Number O3674, GTC and STC Number 19, and THSC, §382.085(b), by failing to submit a compliance schedule certified progress report at least every six months with the deviation report; 30 TAC §122.143(4) and §122.146(2), FOP Number O2101, GTC and STC Number 18, and THSC, §382.085(b), by failing to submit a permit compliance certification within 30 days of any certification period; and 30 TAC §122.143(4) and §122.145(2)(A), FOP Numbers O2100, O2101, and O3674, GTC, and THSC, §382.085(b), by failing to report all instances of deviations; PENALTY: $210,565; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $105,282; ENFORCEMENT COORDINATOR: Amanda Diaz, (713) 722-8912; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(6) COMPANY: CSWR-Texas Utility Operating Company, LLC; DOCKET NUMBER: 2024-0282-PWS-E; IDENTIFIER: RN101210037; LOCATION: Livingston, Polk County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.108(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant levels of 15 picoCuries per liter (pCi/L) for gross alpha particle activity and five pCi/L for combined radium-226 and radium-228 based on the running annual average; PENALTY: $7,200; ENFORCEMENT COORDINATOR: Ronica Rodriguez Scott, (361) 881-6986; REGIONAL OFFICE: 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401, (361) 881-6900.
(7) COMPANY: Diamond S Rentals LLC; DOCKET NUMBER: 2024-0334-SLG-E; IDENTIFIER: RN110941564; LOCATION: Newton, Newton County; TYPE OF FACILITY: registered sludge transporter business; RULE VIOLATED: 30 TAC §312.142(d), by failing to submit an application to renew the sludge transporter registration biennially; PENALTY: $5,925; ENFORCEMENT COORDINATOR: Monica Larina, (361) 881-6965; REGIONAL OFFICE: 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401, (361) 881-6900.
(8) COMPANY: DICKIE CARR SAND and GRAVEL, INCORPORATED; DOCKET NUMBER: 2024-0771-WQ-E; IDENTIFIER: RN102026598; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: aggregate production operation (APO); RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to maintain authorization to discharge stormwater associated with industrial activities; and 30 TAC §342.25(d), by failing to renew the APO registration annually as regulated activities continued; PENALTY: $8,750; ENFORCEMENT COORDINATOR: Madison Stringer, (512) 239-1126; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(9) COMPANY: Elias D. Garcia and Mauricia Tamez; DOCKET NUMBER: 2021-1601-PST-E; IDENTIFIER: RN102355831; LOCATION: Eagle Pass, Maverick County; TYPE OF FACILITY: temporarily out-of-service underground storage tank system; RULE VIOLATED: 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 Classs C for the facility; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Adriana Fuentes, (956) 430-6057; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(10) COMPANY: ELITE COMPUTER CONSULTANTS, L.P.; DOCKET NUMBER: 2023-1364-MWD-E; IDENTIFIER: RN102916848; LOCATION: Cypress, Harris County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.65 and §305.125(2), by failing to maintain authorization to discharge wastewater into or adjacent to any water in the state; PENALTY: $11,250; ENFORCEMENT COORDINATOR: Madison Stringer, (512) 239-1126; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(11) COMPANY: GRAND PARKWAY INDUSTRIAL, LP; DOCKET NUMBER: 2024-0884-MWD-E; IDENTIFIER: RN107880536; LOCATION: Katy, Harris County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a), and Texas Pollutant Discharge Elimination System Permit Number WQ0015322001, Interim Effluent Limitations and Monitoring Requirements Numbers 1 and 6, by failing to comply with permitted effluent limitations; PENALTY: $24,000; ENFORCEMENT COORDINATOR: Taylor Williamson, (512) 239-2097; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(12) COMPANY: Great Western Drilling Ltd.; DOCKET NUMBER: 2024-0851-AIR-E; IDENTIFIER: RN109884452; LOCATION: Levelland, Hockley County; TYPE OF FACILITY: tank battery; RULES VIOLATED: 30 TAC §116.110(a) and Texas Health and Safety Code, §382.0518(a) and §382.085(b), by failing to obtain authorization prior to constructing or modifying a source of air contaminants; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Michael Wilkins, (325) 698-6134; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(13) COMPANY: H M and S ENTERPRISES, INCORPORATED dba Super Brownies Food; DOCKET NUMBER: 2023-1143-PST-E; IDENTIFIER: RN101780625; LOCATION: Dickinson, Galveston County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Faye Renfro, (512) 239-1833; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(14) COMPANY: JB STONE, LLC and Bernardo Espinoza; DOCKET NUMBER: 2024-0486-MLM-E; IDENTIFIER: RN106170103; LOCATION: Georgetown, Williamson County; TYPE OF FACILITY: stone quarry and aggregate production operation; RULES VIOLATED: 30 TAC §213.4(a)(1) and Edwards Aquifer Protection Plan ID Number 11002725, Standard Condition Number 6, by failing to obtain approval of a modification to an approved Water Pollution Abatement Plan prior to commencing a regulated activity over the Edwards Aquifer Recharge Zone; and 30 TAC §342.25(b), by failing to register the site as an aggregate production operation no later than the tenth business day before the beginning date of regulated activities; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Megan Crinklaw, (512) 239-1129; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(15) COMPANY: Juan Francisco Bravo, Jr.; DOCKET NUMBER: 2023-1024-MLM-E; IDENTIFIER: RN111689030; LOCATION: Poteet, Atascosa County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW); RULES VIOLATED: 30 TAC §111.201 and Texas Health and Safety Code, §382.085(b), by failing to not cause, suffer, allow, or permit outdoor burning within the State of Texas; and 30 TAC §330.15(a) and (c), by failing to not cause, suffer, allow, or permit the unauthorized disposal of MSW; PENALTY: $11,465; ENFORCEMENT COORDINATOR: Lauren Little, (817) 588-5888; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(16) COMPANY: Lyondell Chemical Company; DOCKET NUMBER: 2021-0462-AIR-E; IDENTIFIER: RN102523107; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §§101.20(1) and (2), 113.130, 115.352(4), 115.783(5), 116.115(c), 116.715(a), and 122.143(4), 40 Code of Federal Regulations §§60.482-6(a)(1), 60.482-6a(a)(1), 61.242-6(a)(1), and 63.167(a)(1), New Source Review (NSR) Permit Numbers 9395 and 18327, Special Conditions (SC) Numbers 7.E. and 26.E., Federal Operating Permit (FOP) Number O1421, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Numbers 1.A. and 23, and Texas Health and Safety Code (THSC), §382.085(b), by failing to equip each open-ended valve or line with a cap, blind flange, plug, or a second valve; 30 TAC §116.115(c) and §122.143(4), NSR Permit Numbers 1409 and 9395, SC Number 1, FOP Number O1421, GTC and STC Number 23, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §122.143(4) and §122.145(2)(A), FOP Number O1421, GTC, and THSC, §382.085(b), by failing to report all instances of deviations; PENALTY: $49,538; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $24,349; ENFORCEMENT COORDINATOR: Mackenzie Mehlmann, (512) 239-2572; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(17) COMPANY: Lyondell Chemical Company; DOCKET NUMBER: 2023-0891-AIR-E; IDENTIFIER: RN102523107; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §§115.764(a)(6), 115.769(b), 116.115(c), and 122.143(4), New Source Review (NSR) Permit Numbers 137789 and N244, Special Conditions (SC) Number 13, Federal Operating Permit (FOP) Number O1421, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 1.A., and Texas Health and Safety Code (THSC), §382.085(b), by failing to operate a total highly reactive volatile organic compound continuous monitoring system; and 30 TAC §116.115(c) and §122.143(4), NSR Permit Number 9395, SC Number 1, FOP Number O1421, GTC and STC Number 23, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $79,060; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $39,530; ENFORCEMENT COORDINATOR: Mackenzie Mehlmann, (512) 239-2572; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(18) COMPANY: MC. D. C., INCORPORATED dba Honey's Drive In; DOCKET NUMBER: 2024-0866-PST-E; IDENTIFIER: RN101840056; LOCATION: Beaumont, Jefferson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued underground storage tank (UST) delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; and 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the regulated USTs; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Faye Renfro, (512) 239-1833; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(19) COMPANY: Mohammad Saeed dba Haltom Stop; DOCKET NUMBER: 2023-1218-PST-E; IDENTIFIER: RN102356631; LOCATION: Haltom City, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.45(c)(3)(A), by failing to securely anchor emergency shutoff valves at the base of all dispensers; 30 TAC §334.49(a)(2) and (4) and TWC, §26.3475(d), by failing to operate and maintain the corrosion protection system in a manner which will ensure that corrosion protection will be continuously provided to all underground metal components of the underground storage tank (UST) system; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the USTs in a manner which will detect a release at a frequency of at least once every 30 days; and 30 TAC §334.51(a)(6) and TWC, §26.3475(c)(2), by failing to ensure that all installed spill and overfill prevention devices are maintained in good operating condition; PENALTY: $9,000; ENFORCEMENT COORDINATOR: Tiffany Chu, (817) 588-5891; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(20) COMPANY: Montgomery County Municipal Utility District Number 163; DOCKET NUMBER: 2024-0795-WQ-E; IDENTIFIER: RN111870978; LOCATION: Conroe, Montgomery County; TYPE OF FACILITY: construction site; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge stormwater associated with construction activities; and TWC, §26.121(a)(2), by failing to remove accumulations of sediment at a frequency that minimizes off-site impacts; PENALTY: $30,625; ENFORCEMENT COORDINATOR: Kolby Farren, (512) 239-2098; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
TRD-202404701
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: October 1, 2024
An agreed order was adopted regarding Glenn R. Conner dba G & S FISH MARKET, Docket No. 2023‑1264‑MSW‑E on October 2, 2024 assessing $3,750 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Marilyn Norrod, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Brian Frazier dba SHENANDOAH ESTATES WATER CO., INC., Docket No. 2022‑0528‑PWS‑E on October 2, 2024 assessing $1,275 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Marilyn Norrod, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
TRD-202404718
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 2, 2024
The Texas Commission on Environmental Quality (TCEQ or commission) is proposing to amend without renewal Texas Pollutant Discharge Elimination System General Permit TXR050000. This general permit authorizes the discharges of stormwater associated with industrial activity and certain non-stormwater discharges into surface water in the state. This general permit applies to the entire state of Texas. General permits are authorized by Texas Water Code §26.040.
PROPOSED GENERAL PERMIT. The executive director has prepared a draft general permit amendment of an existing general permit that authorizes the discharges of stormwater and certain non-stormwater discharges from industrial activities into surface water in the state. The amendment would prohibit quarries located in the new Coke Stevenson Scenic Riverway from obtaining stormwater coverage under the general permit, in accordance with House Bill (HB) 1688 from the 88th Regular Legislative Session. The amendment would also implement HB 2771 from the 86th Regular Legislative Session by expanding permit applicability to include non-exempt stormwater discharges into surface water in the state from oil and gas activities associated with oil and gas exploration, production, processing, or treatment, or transmission facilities.
The general permit specifies which facilities must obtain permit coverage, which are eligible for a conditional exclusion based on a certification of no-exposure of the industrial activity to stormwater, which are designated as eligible for coverage without submitting a Notice of Intent, and which must obtain individual permit coverage. Non-stormwater discharges that are not specifically listed in the general permit are not authorized by the general permit. No significant degradation of high-quality waters is expected and existing uses will be maintained and protected.
The executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) according to General Land Office regulations and has determined that the action is consistent with applicable CMP goals and policies.
On the date that this notice is published, a copy of the draft general permit and fact sheet will be available for a minimum of 30 days for viewing and copying at the TCEQ Office of the Chief Clerk located at the TCEQ Austin office, at 12100 Park 35 Circle, Building F. These documents will also be available at the TCEQ's 16 regional offices and on the TCEQ website at https://www.tceq.texas.gov/permitting/stormwater/industrial.
PUBLIC COMMENT AND PUBLIC MEETING. You may submit public comments on this proposed general permit in writing or request a public meeting about this proposed general permit. The purpose of a public meeting is to provide the opportunity to submit written or oral comments or to ask questions about the proposed general permit. Generally, the TCEQ will hold a public meeting if the executive director determines that there is a significant degree of public interest in the proposed general permit or if requested by a state legislator. A public meeting is not a contested case hearing.
Written public comments must be received by 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/ within 30 days from the date this notice is published.
ALTERNATIVE LANGUAGE NOTICE. Alternative language notice in Spanish is available at https://www.tceq.texas.gov/permitting/stormwater/industrial . El aviso de idioma alternativo en español está disponible en https://www.tceq.texas.gov/permitting/stormwater/industrial.
APPROVAL PROCESS. After the comment period, the executive director will consider all the public comments and prepare a written response. The response will be filed with the TCEQ Office of the Chief Clerk at least 10 days before the scheduled commission meeting when the commission will consider approval of the general permit. The commission will consider all public comment in making its decision and will either adopt the executive director's response or prepare its own response to the comments. The commission will issue its written response on the general permit at the same time the commission issues or denies the general permit. A copy of any issued general permit and response to comments will be made available to the public for inspection at the agency's Austin office. A notice of the commissioners' action on the proposed general permit and information on how to access the response to comments will be mailed to each person who submitted a comment. Also, a notice of the commission's action on the proposed general permit and the text of its response to comments will be published in the Texas Register.
MAILING LISTS. In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices mailed by the TCEQ Office of the Chief Clerk. You may request to be added to: 1) the mailing list for this specific general permit; 2) the permanent mailing list for a specific county; or 3) both. Clearly specify the mailing lists to which you wish to be added and send your request to the TCEQ Office of the Chief Clerk at the address previously mentioned. Unless you otherwise specify, you will be included only on the mailing list for this specific general permit.
INFORMATION. If you need more information about this general permit 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 website at: https://www.tceq.texas.gov.
Further information may also be obtained by calling the TCEQ's Stormwater Team in the Water Quality Division, at (512) 239-4671.
Si desea información en español, puede llamar (800) 687-4040.
TRD-202404685
Todd Galiga
Acting Deputy Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: September 27, 2024
The Texas Commission on Environmental Quality (TCEQ or commission) has adopted the executive director's (ED) Air Target Risk Level Policy, which sets a target cancer risk level of 1 in 100,000 (1 x 10-5) for developing screening levels that are used in TCEQ's air permitting program and that are compared to ambient air monitoring data. The proposal for the policy was initially published for public comments in the September 1, 2023, issue of the Texas Register (48 TexReg 4882).
The final Air Target Risk Level Policy describes the basis for the TCEQ Toxicology, Risk Assessment, and Research Division's use of 1 in 100,000, or 1 x 10-5, as a target cancer risk level in setting screening levels for use in TCEQ's air permitting program and for comparison to ambient air monitoring data.
For further information regarding the final Air Target Risk Level Policy, please contact Dr. Sabine Lange at Sabine.Lange@tceq.texas.gov . The adopted Air Target Risk Level Policy and a response to all comments can be obtained via TCEQ's website at <https://www.tceq.texas.gov/toxicology>.
TRD-202404706
Todd Galiga
Acting Deputy Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: October 1, 2024
Notice issued September 26, 2024
TCEQ Internal Control No. D-09032024-002: Stanley C. Kolodzey, individually and Kelly Kolodzey, individually, (Petitioners) filed a petition for creation of Overlook Municipal Utility District of Hays County (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ.
The petition states that: (1) the Petitioners hold title to a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 216.936 acres located within Hays County, Texas; and (4) none of the land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any city. The petition further states that the proposed District will: (1) construct, maintain, and operate a waterworks system, including the purchase and sale of water, for domestic and commercial purposes; (2) construct, maintain, and operate a sanitary sewer collection treatment and disposal system, for domestic and commercial purposes; (3) construct, install, maintain, purchase, and operate drainage and roadway facilities and improvements; and (4) construct, install, maintain, purchase, and operate facilities, systems, plants, and enterprises of such additional facilities as shall be consonant with all of the purposes for which the proposed District is created. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioners that the cost of said project will be approximately $82,935,000 ($62,935,000 for water, wastewater, and drainage and $20,000,000 for roads).
INFORMATION SECTION
To view the complete issued notice, view the notice on our web site at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our website at www.tceq.texas.gov.
TRD-202404713
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 2, 2024
Notice issued September 26, 2024
TCEQ Internal Control No. D-08152024-025: Double R Devco, LLC and D.R. Horton-Texas, Ltd., (Petitioners) filed a petition for creation of Fort Bend County Municipal Utility District No. 270 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioners hold title to a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District (3) the proposed District will contain approximately 283.245 acres located within Fort Bend County, Texas; and (4) none of the land within the proposed District is wholly within the extraterritorial jurisdiction of any city. The petition further states that the proposed District will: (1) construct a water distribution system for domestic purposes; (2) construct a sanitary sewer system; (3) control, abate and amend the harmful excess of waters and the reclamation and drainage of overflowed lands within the proposed District; (4) construct and finance macadamized, graveled, or paved roads, or improvements in aid of those roads; and, (5) such other construction, installation, maintenance, purchase and operation of such additional facilities, systems, plants and enterprises as shall be consistent with the purposes for which the proposed District is organized, all to the extent authorized by law from time to time. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioners that the cost of said project will be approximately $137,275,000 ($69,225,000 for water, wastewater, and drainage plus $68,050,000 for roads).
INFORMATION SECTION
To view the complete issued notice, view the notice on our website at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the website, type in the issued date range shown at the top of this document to obtain search results.
The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our website at www.tceq.texas.gov.
TRD-202404714
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 2, 2024
Notice issued September 26, 2024
TCEQ Internal Control No. D-09092024-014: M-Four Devco Ltd, a Texas limited partnership (Petitioner) filed a petition for creation of Waller County Municipal Utility District No. 39 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner holds title to a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 723.077 acres located within Waller County, Texas; and (4) the proposed District is not within the corporate limits or extraterritorial jurisdiction of any city. The petition further states that the proposed District will: (1) purchase, construct, acquire, improve, extend, maintain and operate a waterworks and sanitary sewer system for domestic and commercial purposes; (2) purchase, construct, acquire, improve, extend, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the proposed District; (3) control, abate, and amend local storm waters or other harmful excesses of water; and (4) the proposed District also intends to purchase interests in land and purchase, construct, acquire, improve, extend, maintain, and operate improvements, facilities, and equipment for the purpose of providing recreational facilities, as shall be consonant with all of the purposes for which the proposed District is created. Additionally, the proposed District may also exercise road powers and authority pursuant to applicable law, and pursuant to applicable law, the proposed District may also establish, finance, provide, operate and maintain a fire department and/or fire-fighting services within the proposed District.
According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioner that the cost of said project will be approximately $195,926,275 ($124,478,000 for water, sewer and drainage facilities, $9,170,275 for recreational facilities, and $62,278,000 for road facilities).
INFORMATION SECTION
To view the complete issued notice, view the notice on our website at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the website, type in the issued date range shown at the top of this document to obtain search results.
The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our website at www.tceq.texas.gov.
TRD-202404715
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 2, 2024
Notice issued September 26, 2024
TCEQ Internal Control No. D-09162024-024: SA Given to Fly, L.P., (Petitioner) filed a petition for creation of Steelwood Trail Municipal Utility District (District) of Guadalupe County with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner holds title to a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 93.386 acres located within Guadalupe County, Texas; and (4) all of the land within the proposed District is wholly within the extraterritorial jurisdiction of the City of New Braunfels. By Resolution No. 2024-R63, passed, adopted, and approved on September 9, 2024, the City of New Braunfels, Texas, gave its consent to the creation of the proposed District, pursuant to Texas Water Code §54.016. The petition further states that the proposed District will: (1) provide a water supply for municipal uses, domestic uses and commercial purposes; (2) collect, transport, process, dispose of and control all domestic, industrial, or communal wastes whether in fluid, solid, or composite state; (3) gather, conduct, divert and control local storm water or other local harmful excesses of water in the proposed District and the payment of organizational expenses, operational expenses during construction and interest during construction; (4) design, acquire, construct, finance, improve, operate, and maintain macadamized, graveled, or paved roads, or improvements in aid of those roads; and (5) and, provide such other facilities, systems, plants and enterprises as shall be consonant with the purposes for which the proposed District is created and permitted under state law. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioner that the cost of said project will be approximately $14,690,000 ($10,000,000 for water, wastewater, and drainage plus $4,690,000 for roads).
INFORMATION SECTION
To view the complete issued notice, view the notice on our website at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the website, type in the issued date range shown at the top of this document to obtain search results.
The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our website at www.tceq.texas.gov.
TRD-202404716
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 2, 2024
Notice issued October 2, 2024
TCEQ Internal Control No. D-09182024-033: Luke Phillippi, EVP of EOP III SUB GP, LLC, a Delaware limited liability company, and managing general partner of OP III ATX Georgetown 220, LP, a Delaware limited partnership (Petitioner) filed a petition for creation of Williamson County Municipal Utility District No. 60 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner holds title to a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 219.998 acres located within Williamson County, Texas; and (4) the proposed District is not located within the extraterritorial jurisdiction or corporate boundaries of any city. The petition further states that the general nature of the work proposed to be done by the District is the design, construction, acquisition, improvement, extension, financing, and issuance of bonds for: (i) maintenance, operation, and conveyance of an adequate and efficient water works and sanitary sewer system for domestic purposes; (ii) maintenance, operation, and conveyance of works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the District, and to control, abate, and amend local storm waters or other harmful excesses of waters; (iii) maintenance, operation, and conveyance of park and recreational facilities; (iv) conveyance of road and improvements in aid of roads; and (v) maintenance, operation, and conveyance of such other additional facilities, systems, plants, and enterprises as may be consistent with any or all of the purposes for which the District is created. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioner that the cost of said project will be approximately $65,575,000 ($39,400,000 for utilities, $1,000,000 for recreational, and $25,175,00 for roads).
INFORMATION SECTION
To view the complete issued notice, view the notice on our website at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the website, type in the issued date range shown at the top of this document to obtain search results.
The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our website at www.tceq.texas.gov.
TRD-202404717
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 2, 2024
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Order (DO). The commission staff proposes a DO when the staff has sent the Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is November 12, 2024. The commission will consider any written comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.
A copy of the proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on November 12, 2024. The commission's attorney is available to discuss the DO and/or the comment procedure at the listed phone number; however, TWC, §7.075, provides that comments on the DO shall be submitted to the commission in writing.
(1) COMPANY: Antonio Sauceda; DOCKET NUMBER: 2020-0635-MSW-E; TCEQ ID NUMBER: RN105599674; LOCATION: 101 Hickory Street, Junction, Kimble County; TYPE OF FACILITY: municipal solid waste (MSW) site; RULES VIOLATED: 30 TAC §330.15(a) and (c) and TCEQ Agreed Order Docket Number 2017-1569-MSW-E, Ordering Provision Numbers 2.a. through 2.e., by causing, suffering, allowing, or permitting the unauthorized disposal of MSW; PENALTY: $7,500; STAFF ATTORNEY: James Sallans, Litigation, MC 175, (512) 239-2053; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.
TRD-202404704
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: October 1, 2024
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is November 12, 2024. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on November 12, 2024. 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: City of Streetman; DOCKET NUMBER: 2022-0568-PWS-E; TCEQ ID NUMBER: RN101424323; LOCATION: 204 Main Street, Streetman, Freestone County; TYPE OF FACILITY: public water system (PWS); RULES VIOLATED: 30 TAC §290.46(f)(2) and (3)(A)(i)(III), (ii)(III),and (D)(i) and (ii), and (E)(iv), by failing to maintain water works operation and maintenance records and make them readily available for review by the executive director upon request; 30 TAC §290.110(c)(4)(A), by failing to monitor the disinfectant residual at representative locations throughout the distribution system at least once every seven days; 30 TAC §290.46(s)(2)(C)(i), by failing to verify the accuracy of the manual disinfectant residual analyzer at least once every 90 days using chlorine solutions of known concentrations; 30 TAC §290.46(l), by failing to flush all dead-end mains at monthly intervals; and 30 TAC §290.44(h)(4), by failing to have all backflow prevention assemblies tested upon installation and on an annual basis by a licensed backflow prevention assembly tester and certified that they are operating within specifications; PENALTY: $4,287; STAFF ATTORNEY: Taylor Pack Ellis, Litigation, MC 175, (512) 239-6860; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(2) COMPANY: Wasfia Enterprise LLC dba Cypress Plaza 2; DOCKET NUMBER: 2022-0863-PST-E; TCEQ ID NUMBER: RN101759512; LOCATION: 3002 Nall Street, Port Neches, Jefferson County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases in a manner which will detect a release at a frequency of at least once every 30 days; and 30 TAC §334.48(h)(1)(B)(ii), by failing to conduct annual operation and maintenance walkthrough inspections of the containment sumps at the facility; PENALTY: $6,304; STAFF ATTORNEY: Alexander Kepczyk, Litigation, MC 175, (512) 239-3992; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
TRD-202404703
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: October 1, 2024
The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Shutdown/Default Orders (S/DOs). Texas Water Code (TWC), §26.3475, authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The commission proposes a Shutdown Order after the owner or operator of a UST facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill, and overfill prevention, and/or after December 22, 1998, cathodic protection violations documented at the facility. The commission proposes a Default Order when the staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations, the proposed penalty, the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. In accordance with TWC, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is November 12, 2024. The commission will consider any written comments received and the commission may withdraw or withhold approval of an S/DO if a comment discloses facts or considerations that indicate that consent to the proposed S/DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed S/DO is not required to be published if those changes are made in response to written comments.
A copy of each proposed S/DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about the S/DO shall be sent to the attorney designated for the S/DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on November 12, 2024. The commission's attorneys are available to discuss the S/DOs and/or the comment procedure at the listed phone number; however, comments on the S/DOs shall be submitted to the commission in writing.
(1) COMPANY: OHK GLOBAL INC dba Panthers 1; DOCKET NUMBER: 2023-1294-PST-E; TCEQ ID NUMBER: RN108193590; LOCATION: 809 South Alamo Street, Refugio, Refugio County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(a) and (c)(1), and 30 TAC §334.50(b)(1)(B) and (2)(A)(iii), by failing to monitor the UST installed on or after January 1, 2009 in a manner which will detect a release at a frequency of at least once every 30 days by using interstitial monitoring, and failing to monitor the piping and sumps associated with the UST system installed on or after January 1, 2009 in a manner which will detect a release at a frequency of at least once every 30 days; 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 and confirm all suspected releases of regulated substances requiring reporting under 30 TAC §334.72 (relating to Reporting of Suspected Releases) within 30 days; PENALTY: $21,000; STAFF ATTORNEY: Jennifer Peltier, Litigation, MC 175, (512) 239-0544; REGIONAL OFFICE: Corpus Christi Regional Office, 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401-0318, (361) 881-6900.
(2) COMPANY: OHK GLOBAL INC dba Panthers 3; DOCKET NUMBER: 2024-0387-PST-E; TCEQ ID NUMBER: RN102978210; LOCATION: 1200 Voss Avenue, Odem, San Patricio County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $4,500; STAFF ATTORNEY: Jennifer Peltier, Litigation, MC 175, (512) 239-0544; REGIONAL OFFICE: Corpus Christi Regional Office, 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401-0318, (361) 881-6900.
(3) COMPANY: OHK GLOBAL INC dba Panthers 4; DOCKET NUMBER: 2024-0390-PST-E; TCEQ ID NUMBER: RN102012465; LOCATION: 1701 United States Highway 181, Portland, San Patricio County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(a) and (c)(1), and 30 TAC §334.50(b)(1)(A) and (2), by failing to monitor the USTs in a manner which will detect a release at a frequency of at least once every 30 days, and failing to provide release detection for the pressurized piping associated with the UST system; and TWC, §26.3475(d) and 30 TAC §334.49(c)(4)(C), by failing to test the corrosion protection system for operability and adequacy of protection at least once every three years; PENALTY: $9,000; STAFF ATTORNEY: Jennifer Peltier, Litigation, MC 175, (512) 239-0544; REGIONAL OFFICE: Corpus Christi Regional Office, 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401-0318, (361) 881-6900.
(4) COMPANY: OHK GLOBAL INC dba Panthers 5; DOCKET NUMBER: 2024-0375-PST-E; TCEQ ID NUMBER: RN103786760; LOCATION: 2661 State Highway 361, Ingleside, San Patricio County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs in a manner which will detect a release at a frequency of at least once every 30 days; TWC, §26.3475(c)(2) and 30 TAC §334.48(g)(1)(A)(ii) and (B), by failing to test the spill prevention equipment at least once every three years to ensure the equipment is liquid tight and failed to conduct annual walkthrough inspections for regulated substance releases in the containment sump and to the environment; and 30 TAC §334.606, by failing to maintain required operator training certification on-site and make it available for inspection upon request by agency personnel; PENALTY: $7,702; STAFF ATTORNEY: Jennifer Peltier, Litigation, MC 175, (512) 239-0544; REGIONAL OFFICE: Corpus Christi Regional Office, 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401-0318, (361) 881-6900.
(5) COMPANY: OHK GLOBAL INC dba Panthers 6; DOCKET NUMBER: 2024-0389-PST-E; TCEQ ID NUMBER: RN102835485; LOCATION: 2607 North Business Highway 35, Aransas Pass, San Patricio County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the UST in a manner which will detect a release at a frequency of at least once every 30 days; and TWC, §26.3475(c)(2) and 30 TAC §334.48(g)(1)(A)(ii) and (B), by failing to test the spill prevention at least once every three years to ensure the equipment is liquid tight and failed to inspect the overfill prevention equipment at least once every three years to ensure that the equipment is set to activate at the correct level and will activate when a regulated substance reaches that level; PENALTY: $5,000; STAFF ATTORNEY: Jennifer Peltier, Litigation, MC 175, (512) 239-0544; REGIONAL OFFICE: Corpus Christi Regional Office, 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401-0318, (361) 881-6900.
(6) COMPANY: OHK GLOBAL INC dba Snappy Foods 8; DOCKET NUMBER: 2024-0367-PST-E; TCEQ ID NUMBER: RN102427853; LOCATION: 7125 South Staples Street, Corpus Christi, Nueces County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the UST in a manner which will detect a release at a frequency of at least once every 30 days; TWC, §26.3475(c)(2) and 30 TAC §334.48(h)(1)(A)(i) and (B)(i), by failing to conduct walkthrough inspections of spill prevention equipment and release detection equipment at least once every 30 days, and failing to conduct annual walkthrough inspections of the containment sumps for damage, leaks, or releases to the environment; 30 TAC §334.74, by failing to investigate and confirm all suspected releases of regulated substances requiring reporting under 30 TAC §334.72 (relating to Reporting of Suspected Releases) within 30 days; 30 TAC §34.72, by failing to report suspected releases to the agency within 24 hours of discovery; TWC, §26.3475(c)(2) and 30 TAC §334.51(b)(2)(C)(ii), by failing to equip each UST with a valve or other appropriate device designed to automatically restrict the flow of regulated substances into the UST when the liquid level in the UST reaches a preset level; and TWC, §26.3475(c)(2) and 30 TAC §334.51(a)(6), by failing to assure that all spill and overfill prevention devices are maintained in good operating condition; PENALTY: $40,761; STAFF ATTORNEY: Jennifer Peltier, Litigation, MC 175, (512) 239-0544; REGIONAL OFFICE: Corpus Christi Regional Office, 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401-0318, (361) 881-6900.
(7) COMPANY: OHK GLOBAL INC dba Snappy Foods 14; DOCKET NUMBER: 2024-0374-PST-E; TCEQ ID NUMBER: RN105011027; LOCATION: 6502 Yorktown Boulevard, Corpus Christi, Nueces County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the UST in a manner which will detect a release at a frequency of at least once every 30 days; TWC, §26.3475(c)(2) and 30 TAC §334.48(g)(1)(A)(ii) and (h)(1)(B)(ii), by failing to test the spill prevention equipment at least once every three years to ensure the equipment is liquid tight and failed to conduct annual walkthrough inspections for the regulated substance releases in the containment sump and to the environment; 30 TAC §334.74, by failing to investigate and confirm all suspected releases of regulated substances requiring reporting under 30 TAC §334.72 (relating to Reporting of Suspected Releases) within 30 days; 30 TAC §334.72, by failing to report suspected releases to the agency within 24 hours of discovery; 30 TAC §334.45(c)(3)(A), by failing to ensure that emergency shutoff valves (also known as shear or impact valves) are installed and securely anchored at the base of each dispenser; TWC, §26.3475(c)(2) and 30 TAC §334.51(a)(6), by failing to assure that all spill and overfill prevention devices are maintained in good operating condition; and 30 TAC §334.7(d)(1)(A) and §334.8(c)(4)(C), by failing to renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form within 30 days of ownership or operator change; PENALTY: $42,266; STAFF ATTORNEY: Jennifer Peltier, Litigation, MC 175, (512) 239-0544; REGIONAL OFFICE: Corpus Christi Regional Office, 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401-0318, (361) 881-6900.
(8) COMPANY: OHK GLOBAL INC dba Snappy Foods 16; DOCKET NUMBER: 2024-0373-PST-E; TCEQ ID NUMBER: RN102367422; LOCATION: 701 East Avenue J, Robstown, Nueces County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs in a manner which will detect a release at a frequency of at least once every 30 days; TWC, §26.3475(c)(2) and 30 TAC §334.48(g)(1)(A)(ii) and (B), by failing to test the spill prevention equipment at least once every three years to ensure the equipment is liquid tight, and failing to inspect overfill prevention equipment at least once every three years to ensure that overfill prevention equipment is set to activate at the correct level; 30 TAC §334.74, by failing to investigate and confirm all suspected releases of regulated substances requiring reporting under 30 TAC §334.72 (relating to Reporting of Suspected Releases) within 30 days; 30 TAC §334.72, by failing to report suspected releases to the agency within 24 hours of discovery; and 30 TAC §334.7(d)(1)(A) and §334.8(c)(4)(C), by failing to renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form within 30 days of ownership or operator change; PENALTY: $30,285; STAFF ATTORNEY: Jennifer Peltier, Litigation, MC 175, (512) 239-0544; REGIONAL OFFICE: Corpus Christi Regional Office, 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401-0318, (361) 881-6900.
(9) COMPANY: OHK GLOBAL INC dba Snappy Foods 17; DOCKET NUMBER: 2024-0372-PST-E; TCEQ ID NUMBER: RN105683817; LOCATION: 1002 United States Highway 77, Bishop, Nueces County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the UST in a manner which will detect a release at a frequency of at least once every 30 days; TWC, §26.3475(c)(2) and 30 TAC §334.48(g)(1)(A)(ii) and (h)(1)(B)(ii), by failing to test the spill prevention equipment at least once every three years to ensure the equipment is liquid tight, and failing to conduct annual walkthrough inspections for the regulated substance releases in the containment sump and to the environment; 30 TAC §334.74, by failing to investigate and confirm all suspected releases of regulated substances requiring reporting under 30 TAC §334.72 (relating to Reporting of Suspected Releases) within 30 days; 30 TAC §334.72, by failing to report suspected releases to the agency within 24 hours of discovery; 30 TAC §334.45(c)(3)(A), by failing to securely anchor the emergency shutoff valves (also known as shear or impact valves) at the base of each dispenser; TWC, §26.3475(c)(2) and 30 TAC §334.51(b)(2)(C)(ii), by failing to equip each UST with a valve or other appropriate device designed to automatically restrict the flow of regulated substances into the UST when the liquid level in the UST reaches a preset level; and 30 TAC §334.51(a)(6), by failing to assure that spill and overfill prevention devices are maintained in good operating condition; PENALTY: $43,758; STAFF ATTORNEY: Jennifer Peltier, Litigation, MC 175, (512) 239-0544; REGIONAL OFFICE: Corpus Christi Regional Office, 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401-0318, (361) 881-6900.
(10) COMPANY: OHK GLOBAL INC dba Snappy Foods 19; DOCKET NUMBER: 2022-1056-PST-E; TCEQ ID NUMBER: RN105650774; LOCATION: 2200 State Highway 361, Port Aransas, Nueces County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(a) and (c)(1) and 30 TAC §334.50(b)(1)(A) and (2)(A)(i), by failing to monitor the UST in a manner which will detect a release at a frequency of at least once every 30 days, and failing to equip each separate pressurized pipe with an automatic line leak detector; TWC, §26.3475(c)(2) and 30 TAC §334.48(g)(1)(A)(ii) and (h)(1)(B)(ii), by failing to test the spill prevention equipment at least once every three years to ensure the equipment is liquid tight, and failing to conduct annual walkthrough inspections for the regulated substance releases in the containment sump and to the environment; 30 TAC §334.74, by failing to investigate and confirm all suspected releases of regulated substances requiring reporting under 30 TAC §334.72 (relating to Reporting of Suspected Releases) within 30 days; 30 TAC §334.72, by failing to report suspected releases to the agency within 24 hours of discovery; 30 TAC §334.45(c)(3)(A), by failing to securely anchor the emergency shutoff valves at the base of each dispenser; TWC, §26.3475(c)(2) and 30 TAC §334.51(b)(2)(C)(ii), by failing to equip each UST with a valve or other appropriate device designed to automatically restrict the flow of regulated substances into the UST when the liquid level in the UST reaches a preset level; and TWC, §26.3475(c)(2) and 30 TAC §334.51(a)(6), by failing to assure that spill and overfill prevention devices are maintained in good operating condition; PENALTY: $25,256; STAFF ATTORNEY: Jennifer Peltier, Litigation, MC 175, (512) 239-0544; REGIONAL OFFICE: Corpus Christi Regional Office, 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401-0318, (361) 881-6900.
(11) COMPANY: OHK GLOBAL INC dba Snappy Foods 20; DOCKET NUMBER: 2024-0371-PST-E; TCEQ ID NUMBER: RN105021364; LOCATION: 4817 Ayers Street, Corpus Christi, Nueces County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the UST in a manner which will detect a release at a frequency of at least once every 30 days; TWC, §26.3475(c)(2) and 30 TAC §334.48(g)(1)(A)(ii) and (h)(1)(B)(ii), by failing to test the spill prevention equipment at least once every three years to ensure the equipment is liquid tight, and failing to conduct annual walkthrough inspections for the regulated substance releases in the containment sump and to the environment; 30 TAC §334.74, by failing to investigate and confirm all suspected releases of regulated substances requiring reporting under 30 TAC §334.72 (relating to Reporting of Suspected Releases) within 30 days; 30 TAC §334.72, by failing to suspected releases to the agency within 24 hours of discovery; 30 TAC §334.7(d)(1)(A) and 334.8(c)(4)(C), by failing to renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form within 30 days of ownership or operator change; 30 TAC §334.45(c)(3)(A), by failing to ensure that emergency shutoff valves (also known as shear or impact valves) are installed and securely anchored at the base of each dispenser; and TWC, §26.3475(c)(2) and 30 TAC §334.51(a)(6), by failing to assure that spill and overfill prevention devices are maintained in good operating condition; PENALTY: $42,285; STAFF ATTORNEY: Jennifer Peltier, Litigation, MC 175, (512) 239-0544; REGIONAL OFFICE: Corpus Christi Regional Office, 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401-0318, (361) 881-6900.
(12) COMPANY: OHK GLOBAL INC dba Snappy Foods 23; DOCKET NUMBER: 2024-0368-PST-E; TCEQ ID NUMBER: RN102225679; LOCATION: 5626 Leopard Street, Corpus Christi, Nueces County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(a) and (c)(1) and 30 TAC §334.50(b)(1)(B) and (2)(A)(i) and (iii), by failing to monitor the UST installed on or after January 1, 2009 in a manner which will detect a release at a frequency of at least once every 30 days by using interstitial monitoring, failing to equip each separate pressurized pipe with an automatic line leak detector, and failing to monitor the piping associated with the UST system installed on or after January 1, 2009 in a manner which will detect a release at a frequency of at least once every 30 days; TWC, §26.3475(c)(2) and 30 TAC §334.48(g)(1)(A)(ii) and (h)(1)(B)(ii), by failing to test the spill prevention equipment at least once every three years to ensure the equipment is liquid tight, and failing to conduct annual walkthrough inspections for regulated substance releases in the containment sump and to the environment; 30 TAC §334.74, by failing to investigate and confirm all suspected releases of regulated substances requiring reporting under 30 TAC §334.72 (relating to Reporting of Suspected Releases) within 30 days; 30 TAC §334.72, by failing to report suspected releases to the agency within 24 hours of discovery; 30 TAC §334.7(d)(1)(A) and 334.8(c)(4)(C), by failing to renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form within 30 days of ownership or operator change; TWC, §26.3475(c)(2) and 30 TAC §334.51(b)(2)(C)(ii), by failing to equip each UST with a valve or other appropriate device designed to automatically restrict the flow of regulated substances into the UST when the liquid level in the UST reaches a preset level; TWC, §26.3475(c)(2) and 30 TAC §334.51(a)(6) and (b)(2)(C), by failing to assure that all spill and overfill prevention devices are maintained in good operating condition; and TWC, §26.3475(c)(2) and 30 TAC §334.42(i), by failing to inspect spill containment equipment associated with a UST system at least once every 60 days to assure that their sides, bottoms, and any penetration points are liquid tight, and failing to remove and properly dispose liquid or debris within 96 hours of discovery; PENALTY: $39,008; STAFF ATTORNEY: Jennifer Peltier, Litigation, MC 175, (512) 239-0544; REGIONAL OFFICE: Corpus Christi Regional Office, 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401-0318, (361) 881-6900.
TRD-202404702
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: October 1, 2024
The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 Texas Administrative Code (TAC) Chapter 321, Control of Certain Activities by Rule, Subchapter P, and 30 TAC Chapter 210, Use of Reclaimed Water under the requirements of Texas Water Code, §§26.551 - 26.562 and Texas Government Code, Chapter 2001, Subchapter B.
The proposed rulemaking would implement Senate Bill 1289, 88th Legislature, by amending 30 TAC Chapter 321, Subchapter P, Reclaimed Water Production Facilities, to allow for disposal of unused reclaimed water through an associated domestic wastewater treatment facility by obtaining permission or consent from the owner and operator of the associated domestic wastewater treatment facility that will receive the unused reclaimed water for final treatment and disposal. The proposed rulemaking would also amend 30 TAC Chapter 210, Subchapter A, General Provisions, to clarify regulatory citations and applicability of the requirements of the chapter.
The commission will hold a hybrid virtual and in-person public hearing on this proposal in Austin on November 12, 2024, at 10:00 a.m. in Building D, Room 191 located at the commission's central office located at 12100 Park 35 Circle, Austin, Texas. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing.
Individuals who plan to attend the hearing virtually and want to provide oral comments and/or want their attendance on record must register by November 7, 2024. To register for the hearing, please email Rules@tceq.texas.gov and provide the following information: your name, your affiliation, your email address, your phone number, and whether or not you plan to provide oral comments during the hearing. Instructions for participating in the hearing will be sent on November 8, 2024, to those who register for the hearing.
For the public who do not wish to provide oral comments but would like to view the hearing may do so at no cost at:
https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzdkZDBiNGItNzhhOS00ZDNkLTgzNTEtNGIwZTgwNjRjMWEx%40thread.v2/0?context=%7b%22Tid%22%3a%22871a83a4-a1ce-4b7a-8156-3bcd93a08fba%22%2c%22Oid%22%3a%22e74a40ea-69d4-469d-a8ef-06f2c9ac2a80%22%7d
Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Sandy Wong, Office of Legal Services at (512) 239-1802 or (800) RELAY-TX (TDD). Requests should be made as far in advance as possible.
A Spanish translation of this notice is available at: https://www.tceq.texas.gov/rules/hearings.html. If you need additional translation services, please contact TCEQ at (800) 687-4040. Si desea información general en español, puede llamar al (800) 687-4040.
Written comments may be submitted to Gwen Ricco, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to fax4808@tceq.texas.gov. Electronic comments may be submitted at: https://tceq.commentinput.com/ . File size restrictions may apply to comments being submitted via the TCEQ Public Comment system. All comments should reference Rule Project Number 2023-137-321-OW. The comment period closes November 12, 2024. Copies of the proposed rulemaking can be obtained from the commission's website at https://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Erika Crespo, Water Quality Division, (512) 239-1827.
TRD-202404663
Todd Galiga
Acting Deputy Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: September 27, 2024
Application. Triple C Concrete of Lubbock, Ltd, has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit, Registration No. 176227, which would authorize construction of a permanent concrete batch plant located at 1521 Erskine St, Lubbock, Lubbock County, Texas 79403. This application is being processed in an expedited manner, as allowed by the commission's rules in 30 Texas Administrative Code, Chapter 101, Subchapter J. AVISO DE IDIOMA ALTERNATIVO. El aviso de idioma alternativo en espanol está disponible en https://www.tceq.texas.gov/permitting/air/newsourcereview/airpermits-pendingpermit-apps. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. https://gisweb.tceq.texas.gov/LocationMapper/?marker=-101.8525,33.605556&level=13. The proposed facility will emit the following air contaminants: particulate matter including (but not limited to) aggregate, cement, road dust, and particulate matter with diameters of 10 microns or less and 2.5 microns or less.
This application was submitted to the TCEQ on April 30, 2024. The executive director has completed the administrative and technical reviews of the application and determined that the application meets all of the requirements of a standard permit authorized by 30 Texas Administrative Code §116.611, which would establish the conditions under which the plant must operate. The executive director has made a preliminary decision to issue the registration because it meets all applicable rules.
PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments to the Office of the Chief Clerk at the address below. The TCEQ will consider all public comments in developing a final decision on the application. A public meeting will be held and will consist of two parts, an Informal Discussion Period and a Formal Comment Period. A public meeting is not a contested case hearing under the Administrative Procedure Act. During the Informal Discussion Period, the public will be encouraged to ask questions of the applicant and TCEQ staff concerning the permit application. The comments and questions submitted orally during the Informal Discussion Period will not be considered before a decision is reached on the permit application, and no formal response will be made. Responses will be provided orally during the Informal Discussion Period. During the Formal Comment Period on the permit application, members of the public may state their formal comments orally into the official record. At the conclusion of the comment period, all formal comments will be considered before a decision is reached on the permit application. A written response to all formal comments will be prepared by the executive director and will be sent to each person who submits a formal comment or who requested to be on the mailing list for this permit application and provides a mailing address. Only relevant and material issues raised during the Formal Comment Period can be considered if a contested case hearing is granted on this permit application.
The Public Meeting is to be held:
Monday, October 28, 2024, at 7:00 p.m.
HQ Plaza
5307 West Loop 289
Lubbock, Texas 79423
INFORMATION. Members of the public are encouraged to submit written comments anytime during the public meeting or by mail before the close of the public comment period to the Office of the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at https://www14.tceq.texas.gov/epic/eComment/. If you need more information about the permit application or the permitting process, please call the TCEQ Public Education Program, toll free, at (800) 687-4040. General information can be found at our website at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.
INFORMATION AVAILABLE ONLINE. For details about the status of the application, visit the Commissioners' Integrated Database (CID) at www.tceq.texas.gov/goto/cid. Once you have access to the CID using the link, enter the permit number at the top of this form.
The application, executive director's preliminary decision, and standard permit will be available for viewing and copying at the TCEQ central office, the TCEQ Lubbock regional office, and at the Lubbock County Courthouse, 904 Broadway Street, Lubbock, Lubbock County, Texas 79401. The facility's compliance file, if any exists, is available for public review at the TCEQ Lubbock Regional Office, 5012 50th Street, Suite 100, Lubbock, Texas. Visit www.tceq.texas.gov/goto/cbp to review the standard permit. Further information may also be obtained from Triple C Concrete of Lubbock, Ltd, 2008 East 50th Street, Lubbock, Texas 79404-4044 or by calling Mrs. Aslyn Henry, Project Manager at (806) 783-9944.
Persons with disabilities who need special accommodations at the meeting should call the Office of the Chief Clerk at (512) 239-3300 or (800) RELAY-TX (TDD) at least five business days prior to the meeting.
Notice Issuance Date: September 27, 2024
TRD-202404712
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 2, 2024
APPLICATION. I-30 Greenville Utility Services LLC, 1401 Industrial Road, Mount Pleasant, Texas 75455, has applied to the Texas Commission on Environmental Quality (TCEQ) for new Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0016464001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 240,000 gallons per day. TCEQ received this application on January 11, 2024.
The facility will be located approximately 1,000 feet northeast of the intersection of Farm-to- Market Road 499 and I-30 Frontage Road, in Hunt County, Texas 75401. The treated effluent will be discharged to an unnamed tributary, thence to Wolf Creek, thence to Cowleech Fork Sabine River, thence to Lake Tawakoni in Segment No. 0507 of the Sabine River Basin. The unclassified receiving water uses are minimal aquatic life use for the unnamed tributary and limited aquatic life use for Wolf Creek. The designated uses for Segment No. 0507 are primary contact recreation, public water supply, and high aquatic life use. In accordance with 30 Texas Administrative Code Section 307.5 and the TCEQ's Procedures to Implement the Texas Surface Water Quality Standards (June 2010), an antidegradation review of the receiving waters was performed. A Tier 1 antidegradation review has preliminarily determined that existing water quality uses will not be impaired by this permit action. Numerical and narrative criteria to protect existing uses will be maintained. This review has preliminarily determined that no water bodies with exceptional, high, or intermediate aquatic life uses are present within the stream reach assessed; therefore, no Tier 2 degradation determination is required. No significant degradation of water quality is expected in water bodies with exceptional, high, or intermediate aquatic life uses downstream, and existing uses will be maintained and protected. The preliminary determination can be reexamined and may be modified if new information is received. This link to an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice. For the exact location, refer to the application.
https://gisweb.tceq.texas.gov/LocationMapper/?marker=-96.041383,33.134077&level=18
The TCEQ Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements.
ALTERNATIVE LANGUAGE NOTICE. Alternative language notice in Spanish is available at https://www.tceq.texas.gov/permitting/wastewater/plain-language-summaries-and-public-notices. El aviso de idioma alternativo en español está disponible en https://www.tceq.texas.gov/permitting/wastewater/plain-language-summaries-and-public-notices.
PUBLIC COMMENT / PUBLIC MEETING. A public meeting will be held and will consist of two parts, an Informal Discussion Period and a Formal Comment Period. A public meeting is not a contested case hearing under the Administrative Procedure Act. During the Informal Discussion Period, the public will be encouraged to ask questions of the applicant and TCEQ staff concerning the permit application. The comments and questions submitted orally during the Informal Discussion Period will not be considered before a decision is reached on the permit application and no formal response will be made. Responses will be provided orally during the Informal Discussion Period. During the Formal Comment Period on the permit application, members of the public may state their formal comments orally into the official record. A written response to all timely, relevant and material, or significant comments will be prepared by the Executive Director. All formal comments will be considered before a decision is reached on the permit application. A copy of the written response will be sent to each person who submits a formal comment or who requested to be on the mailing list for this permit application and provides a mailing address. Only relevant and material issues raised during the Formal Comment Period can be considered if a contested case hearing is granted on this permit application.
The Public Meeting is to be held:
Thursday, November 7, 2024 at 7:00 p.m.
Ferguson Auditorium at Texas A&M Commerce
1702 Education Drive
Commerce, Texas 75428
INFORMATION. Members of the public are encouraged to submit written comments anytime during the meeting or by mail before the close of the public comment period to the Office of the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at www.tceq.texas.gov/goto/comment. If you need more information about the permit application or the permitting process, please call the TCEQ Public Education Program, Toll Free, at (800) 687-4040. Si desea información en español, puede llamar (800) 687-4040. General information about the TCEQ can be found at our website at https://www.tceq.texas.gov.
The permit application, Executive Director's preliminary decision, and draft permit are available for viewing and copying at W. Walworth Harrison Public Library, Genealogy Center, 1 Lou Finney Lane, Greenville, Texas. Further information may also be obtained from I-30 Greenville Utility Services LLC at the address stated above or by calling Ms. Mckenna Gaddis, Project Engineer, BGE, Inc., at (972) 464-4800.
Persons with disabilities who need special accommodations at the meeting should call the Office of the Chief Clerk at (512) 239-3300 or (800) RELAY-TX (TDD) at least five business days prior to the meeting.
Issuance Date: September 27, 2024
TRD-202404711
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 2, 2024
On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 26. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of, September 23, 2024 to September 27, 2024. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§30.20(f), 30.30(h), and 30.40(e), the public comment period extends 30 days from the date published on the Texas General Land Office web site. The notice was published on the web site on Friday, October 4, 2024. The public comment period for this project will close at 5:00 p.m. on Sunday, November 3, 2024.
Federal License and Permit Activities:
Applicant: City of Corpus Christi-Engineering Department
Location: The project site is located in wetlands north of Packery Channel, west of Highway 361 and east of J.P. Luby Beach at the intersection of Zahn Road and Grand Dune Drive, in Corpus Christi, Nueces County, Texas.
Latitude and Longitude: 27.618068, -97.205077
Project Description: The applicant proposes to discharge approximately 14,055 cubic yards of clean sand fill into approximately 0.71 acre of wetlands to construct a new bathroom facility, lifeguard office building, and parking facilities. The applicant proposes permittee responsible mitigation (PRM) at one of two sites located within the same tract of land (northwest of the project area) leased from the Texas General Land Office. The applicant proposes to create 1.4 acres of freshwater, emergent, low marsh wetlands, proposing two possible mitigation sites within the same tract of land as the proposed impacts.
Type of Application: U.S. Army Corps of Engineers permit application # SWG-2024-00327. This application will be reviewed pursuant to Section 404 of the Clean Water Act. Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act.
CMP Project No: 25-1018-F1
Applicant: Entergy Texas, Inc.
Location: The project site is located within palustrine wetlands and associated waters, 0.5 miles south of the Highway 73 and Cambridge Street intersection, Jefferson County, Texas.
Latitude and Longitude: 29.872625, -94.005883
Project Description: The applicant proposes to discharge approximately 344,130 cubic yards (CY) of fill material which would in-turn permanently impact 26.747 acres of palustrine emergent wetland, 23.526 acres of palustrine forested wetland, 1.375 acres of palustrine scrub-shrub wetland, 0.320 acres of drainage ditch, 0.051 acres of stream, and 0.290 acres of an open-water feature. Associated temporary impacts include 3.1 acres of palustrine emergent wetland and 0.003 acres of stream. The overall purpose of the project is for Entergy Texas, Inc. to construct and operate a new 754-megawatt natural gas fired combined cycle combustion turbine (CCCT) facility known as the Legend Power Station. Entergy will construct, own, and operate this facility on an approximately 123.5-acre parcel of newly acquired undeveloped land adjacent to the existing Legend Substation. Additionally, Entergy will construct a new 40-foot-wide sewer utility easement and a 215-foot-wide corridor for a site access road alongside the planned 230-kilovolt (kV) transmission line to connect the CCCT facility to the existing Legend Substation. The applicant proposed to mitigate for the proposed impacts by utilizing Sabine Lake Mitigation Bank and Sea Breeze Mitigation Bank to purchase 26.74 Palustrine Emergent and Palustrine Scrub-Shrub net functional capacity units (FCUs) and 38.44 Palustrine Forested net FCUs.
Type of Application: U.S. Army Corps of Engineers permit application # SWG-2024-00302. This application will be reviewed pursuant to Section 404 of the Clean Water Act. Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act.
CMP Project No: 25-1019-F1
Applicant: WR Production, LLC
Location: The project site is located in Galveston Bay, approximately 0.92 miles east-southeast of San Leon and immediately north of the Dickinson Ship Channel, in Galveston County, Texas. Latitude and Longitude: 29.478241, -94.902695
Project Description: The applicant proposes to discharge 2,778 cubic yards (CY) of shell material in Galveston Bay to install a 250-foot by 100-foot shell pad for a proposed well structure for hydrocarbon exploration. The applicant also proposes to dredge 4,369 CY of material from 6 acres of the open waters of Galveston Bay to create an access for the drilling barge to the proposed well. The dredged material will be sidecast adjacent to the dredged access channel. The drilling barge will require installation of 13 piling clusters driven 30 to 55 feet below the mudline for drilling barge stabilization. A 10-foot by 20-foot well protector platform will be constructed after well completion. The applicant is not proposing mitigation.
Type of Application: U.S. Army Corps of Engineers permit application # SWG-2024-00468. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. Note: The consistency review for this project may be conducted by the Railroad Commission of Texas as part of its certification under §401 of the Clean Water Act.
CMP Project No: 25-1020-F1
Further information on the applications listed above, including a copy of the consistency certifications or consistency determinations for inspection, may be obtained from the Texas General Land Office Public Information Officer at 1700 N. Congress Avenue, Austin, Texas 78701, or via email at pialegal@glo.texas.gov. Comments should be sent to the Texas General Land Office Coastal Management Program Coordinator at the above address or via email at federal.consistency@glo.texas.gov.
TRD-202404698
Jennifer Jones
Chief Clerk, Deputy Land Commissioner
General Land Office
Filed: September 30, 2024
Notice of Public Hearing on Proposed Updates to Medicaid Payment Rates
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on November 12, 2024, at 9:00 a.m., to receive public comments on proposed updates to Medicaid payment rates resulting from Calendar Fee Reviews, Medical Policy Reviews, and Healthcare Common Procedure Coding System (HCPCS) Updates.
This hearing will be conducted both in-person and as an online event. To join the hearing from your computer, tablet, or smartphone, register for the hearing in advance using the following link:
Registration URL:
https://attendee.gotowebinar.com/register/5854419373469218647
After registering, you will receive a confirmation email containing information about joining the webinar. Instructions for dialing-in by phone will be provided after you register.
Members of the public may attend the rate hearing in person, which will be held in the Public Hearing Room 1.401, 1.402, 1.403 & 1.404 in the North Austin Complex located at 4601 W Guadalupe Street, Austin, Texas, or they may access a live stream of the meeting at https://www.hhs.texas.gov/about/live-archived-meetings. For the live stream, select the "North Austin Complex Live" tab. A recording of the hearing will be archived and accessible on demand at the same website under the "Archived" tab. The hearing will be held in compliance with Texas Human Resources Code section 32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements.
Any updates to the hearing details will be posted on the HHSC website at https://www.hhs.texas.gov/about/meetings-events.
Proposal. The effective date of the proposed payment rates for the topics presented during the rate hearing will be as follows:
Effective October 1, 2024
Medical Policy Review:
-Ophthalmological Services - 92065
Effective March 1, 2025
Calendar Fee Review:
-Anesthesia
-Birthing Centers
-Clinical Diagnostic Laboratory Services
-Clinical Diagnostic Laboratory - Gapfill
-Diagnostic Radiology Non-Hospitals
-Diagnostic Radiology Hospitals (HOSP)
-Diagnostic Radiology Hospitals (RURAL)
-G Codes Acute Care
-G Codes Hospitals
-G Codes Rural Hospitals
-General and Integumentary System Surgery
-Medical Nutrition Therapy
-Nervous System Surgery
-Ophthalmological Services
-Physician Administered Drugs NDCX
-Physician Administered Drugs Non-Oncology
-Physician Administered Drugs Oncology
-Physician Administered Drugs Vaccines and Toxoids
-Respiratory Therapists
Medical Policy Review:
-Certified Family Partners
-Collaborative Care Model (CoCM) - G0512
-Dental (Targeted Dental Policy; Comprehensive Fee Review)
-Q Codes
-Sleep Studies (WatchPAT - 95800)
Quarterly HCPCS Updates:
-Q1 HCPCS Drugs
-Q1 HCPCS TOS 9-J-L
-Q1 HCPCS Non-Drugs - G0138
-Q2 HCPCS Drugs
Methodology and Justification. The proposed payment rates were calculated in accordance with Title 1 of the Texas Administrative Code:
Section 355.8023 - Reimbursement Methodology for Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS);
Section 355.8061 - Outpatient Hospital Reimbursement;
Section 355.8085 - Reimbursement Methodology for Physicians and Other Practitioners;
Section 355.8089 - In-home Respiratory Therapy Services for Ventilator-Dependent Persons;
Section 355.8181 - Birthing Center Reimbursement;
Section 355.8221 - Reimbursement Methodology (Certified Registered Nurse Anesthetist and Anesthesiologist Assistants);
Section 355.8441 - Reimbursement Methodologies for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Services [also known as Texas Health Steps];
Section 355.8610 - Reimbursement for Clinical Laboratory Services.
Rate Hearing Packet. A briefing packet describing the proposed payment rates will be made available at https://pfd.hhs.texas.gov/rate-packets on or before October 29, 2024. Interested parties may obtain a copy of the briefing packet on or after that date by contacting Provider Finance by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail at PFDAcuteCare@hhs.texas.gov.
Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Provider Finance at (512) 730-7475; or by e-mail to PFDAcuteCare@hhs.texas.gov. In addition, written comments may be sent by overnight mail to Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, North Austin Complex, 4601 Guadalupe St., Austin, Texas 78751.
Preferred Communication. For quickest response please use e-mail or phone, if possible, for communication with HHSC related to this rate hearing.
Persons with disabilities who wish to participate in the hearing and require auxiliary aids or services should contact Provider Finance at (512) 730-7401 at least 72 hours before the hearing so appropriate arrangements can be made.
TRD-202404705
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Filed: October 1, 2024
Application for Harbor Health Insurance Company, a domestic health maintenance organization (HMO) DBA Harbor Health. The home office is in Austin, Texas.
Application for Harbor Health Insurance Company, a domestic health maintenance organization (HMO) DBA Harbor Health Plan. The home office is in Austin, Texas.
Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Andrew Guerrero, 1601 Congress Ave., Suite 6.900, Austin, Texas 78711.
TRD-202404709
Justin Beam
Chief Clerk
Texas Department of Insurance
Filed: October 2, 2024
Adopted Fiscal Year 2024 Research Agenda
Workers' Compensation Research and Evaluation Group
Introduction
The commissioner of workers' compensation considers the Fiscal Year (FY) 2025 Research Agenda for the Workers' Compensation Research and Evaluation Group (REG) at the Texas Department of Insurance, Division of Workers' Compensation (DWC).
Texas Labor Code §405.0025 requires the REG to conduct professional studies and research related to how effectively the workers' compensation system operates. Section 405.0026 requires the REG to annually publish a workers' compensation research agenda listing the topics the REG will study for that year.
DWC published the proposed research agenda in the August 16, 2024, issue of the Texas Register (49 TexReg 6316) and sought public review and comment. DWC received one comment and no requests for a public hearing.
Order
It is ordered that the FY 2025 Research Agenda for the Workers' Compensation Research and Evaluation Group is adopted as follows:
1. A study to evaluate the feasibility and impact of adopting a more current version of the American Medical Association Guides to the Evaluation of Permanent Impairment. The REG will complete the project with the assistance of the Medical Quality Review Panel. This study is contingent on the American Medical Association's publication of the 2024 revisions to the musculoskeletal chapters 15-17.
2. An update of medical costs and utilization in the Texas workers' compensation system.
3. An analysis of designated doctors and scheduling companies in the Texas workers' compensation system by evaluating the performance of designated doctors and scheduling companies using metrics such as rescheduled exams, timeliness of reports, and timeliness of payments.
The REG will consider expanding the scope of the research projects or conducting more projects to accommodate stakeholder suggestions, subject to the resources and data available.
TRD-202404699
Kara Mace
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: September 30, 2024
Scratch Ticket Game Number 2615 "JOKER'S WILD"
1.0 Name and Style of Scratch Ticket Game.
A. The name of Scratch Ticket Game No. 2615 is "JOKER'S WILD". The play style is "key number match".
1.1 Price of Scratch Ticket Game.
A. The price for Scratch Ticket Game No. 2615 shall be $5.00 per Scratch Ticket.
1.2 Definitions in Scratch Ticket Game No. 2615.
A. Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket.
C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible red Play Symbols are: ACE OF DIAMONDS SYMBOL, 2 OF DIAMONDS SYMBOL, 3 OF DIAMONDS SYMBOL, 4 OF DIAMONDS SYMBOL, 5 OF DIAMONDS SYMBOL, 6 OF DIAMONDS SYMBOL, 7 OF DIAMONDS SYMBOL, 8 OF DIAMONDS SYMBOL, 9 OF DIAMONDS SYMBOL, 10 OF DIAMONDS SYMBOL, J OF DIAMONDS SYMBOL, Q OF DIAMONDS SYMBOL, K OF DIAMONDS SYMBOL, ACE OF HEARTS SYMBOL, 2 OF HEARTS SYMBOL, 3 OF HEARTS SYMBOL, 4 OF HEARTS SYMBOL, 5 OF HEARTS SYMBOL, 6 OF HEARTS SYMBOL, 7 OF HEARTS SYMBOL, 8 OF HEARTS SYMBOL, 9 OF HEARTS SYMBOL, 10 OF HEARTS SYMBOL, J OF HEARTS SYMBOL, Q OF HEARTS SYMBOL, K OF HEARTS SYMBOL, WILD SYMBOL. The possible black Play Symbols are: ACE OF SPADES SYMBOL, 2 OF SPADES SYMBOL, 3 OF SPADES SYMBOL, 4 OF SPADES SYMBOL, 5 OF SPADES SYMBOL, 6 OF SPADES SYMBOL, 7 OF SPADES SYMBOL, 8 OF SPADES SYMBOL, 9 OF SPADES SYMBOL, 10 OF SPADES SYMBOL, J OF SPADES SYMBOL, Q OF SPADES SYMBOL, K OF SPADES SYMBOL, ACE OF CLUBS SYMBOL, 2 OF CLUBS SYMBOL, 3 OF CLUBS SYMBOL, 4 OF CLUBS SYMBOL, 5 OF CLUBS SYMBOL, 6 OF CLUBS SYMBOL, 7 OF CLUBS SYMBOL, 8 OF CLUBS SYMBOL, 9 OF CLUBS SYMBOL, 10 OF CLUBS SYMBOL, J OF CLUBS SYMBOL, Q OF CLUBS SYMBOL, K OF CLUBS SYMBOL, $5.00, $10.00, $20.00, $50.00, $100, $500, $1,000 and $100,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. Poker style games do not typically have Play Symbol captions. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 2615 - 1.2D (.pdf)
E. Serial Number - A unique thirteen (13) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.
F. Bar Code - A twenty-four (24) character interleaved two (2) of five (5) Bar Code which will include a four (4) digit game ID, the seven (7) digit Pack number, the three (3) digit Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.
G. Game-Pack-Ticket Number - A fourteen (14) digit number consisting of the four (4) digit game number (2615), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 075 within each Pack. The format will be: 2615-0000001-001.
H. Pack - A Pack of the "JOKER'S WILD" Scratch Ticket Game contains 075 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The Packs will alternate. One will show the front of Ticket 001 and back of 075 while the other fold will show the back of Ticket 001 and front of 075.
I. Non-Winning Scratch Ticket - A Scratch Ticket which is not programmed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "JOKER'S WILD" Scratch Ticket Game No. 2615.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "JOKER'S WILD" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose forty-five (45) Play Symbols. If a player matches any of the YOUR CARDS Play Symbols to any of the WINNING CARDS Play Symbols, the player wins the prize for that card. If the player reveals an "ACE OF SPADES" Play Symbol, the player wins the prize for that card instantly. If the player reveals a "WILD" Play Symbol, the player WINS ALL 20 PRIZES INSTANTLY! No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.
2.1 Scratch Ticket Validation Requirements.
A. To be a valid Scratch Ticket, all of the following requirements must be met:
1. Exactly forty-five (45) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption. Poker games do not typically have Play Symbol captions;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The Scratch Ticket shall be intact;
6. The Serial Number and Game-Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the Scratch Ticket;
8. The Scratch Ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The Scratch Ticket must not be counterfeit in whole or in part;
10. The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner;
11. The Scratch Ticket must not have been stolen, nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number and Game-Pack-Ticket Number must be right side up and not reversed in any manner;
13. The Scratch Ticket must be complete and not miscut, and have exactly forty-five (45) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number and exactly one Game-Pack-Ticket Number on the Scratch Ticket;
14. The Serial Number of an apparent winning Scratch Ticket shall correspond with the Texas Lottery's Serial Numbers for winning Scratch Tickets, and a Scratch Ticket with that Serial Number shall not have been paid previously;
15. The Scratch Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the forty-five (45) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the forty-five (45) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Game-Pack-Ticket Number must be printed in the Game-Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines.
B. The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the Scratch Ticket. In the event a defective Scratch Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. GENERAL: A Ticket can win up to twenty (20) times in accordance with the prize structure.
B. GENERAL: Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of either Play Symbols or Prize Symbols.
C. GENERAL: The top Prize Symbol will appear on every Ticket, unless restricted by other parameters, play action or prize structure.
D. KEY SYMBOL MATCH: Each Ticket will have five (5) different WINNING CARDS Play Symbols.
E. KEY SYMBOL MATCH: Non-winning YOUR CARDS Play Symbols will all be different.
F. KEY SYMBOL MATCH: Non-winning Prize Symbols will never appear more than three (3) times.
G. KEY SYMBOL MATCH: The "ACE OF SPADES" and "WILD CARD" Play Symbols will never appear in the WINNING CARDS Play Symbol spots.
H. KEY SYMBOL MATCH: The "WILD CARD" Play Symbol will only appear on winning Tickets as dictated by the prize structure.
I. KEY SYMBOL MATCH: Non-winning Prize Symbols will never be the same as the winning Prize Symbol(s).
J. KEY SYMBOL MATCH: On Tickets that contain the "WILD CARD" Play Symbol, none of the WINNING CARDS Play Symbols will match any of the YOUR CARDS Play Symbols, and the "ACE OF SPADES" Play Symbol will not appear.
2.3 Procedure for Claiming Prizes.
A. To claim a "JOKER'S WILD" Scratch Ticket Game prize of $5.00, $10.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and may present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $100 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "JOKER'S WILD" Scratch Ticket Game prize of $1,000 or $100,000, the claimant must sign the winning Scratch Ticket and may present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "JOKER'S WILD" Scratch Ticket Game prize the claimant may submit the signed winning Scratch Ticket and a thoroughly completed claim form via mail. If a prize value is $1,000,000 or more, the claimant must also provide proof of Social Security number or Tax Payer Identification (for U.S. Citizens or Resident Aliens). Mail all to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct the amount of a delinquent tax or other money from the winnings of a prize winner who has been finally determined to be:
1. delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code §403.055;
2. in default on a loan made under Chapter 52, Education Code;
3. in default on a loan guaranteed under Chapter 57, Education Code; or
4. delinquent in child support payments in the amount determined by a court or a Title IV-D agency under Chapter 231, Family Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the Scratch Ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "JOKER'S WILD" Scratch Ticket Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the "JOKER'S WILD" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Scratch Ticket Claim Period. All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any rights to a prize that is not claimed within that period, and in the manner specified in these Game Procedures and on the back of each Scratch Ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of Scratch Tickets ordered. The number of actual prizes available in a game may vary based on number of Scratch Tickets manufactured, testing, distribution, sales and number of prizes claimed. A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed.
3.0 Scratch Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated, a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket. When a signature is placed on the back of the Scratch Ticket in the space designated, the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated. If more than one name appears on the back of the Scratch Ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket.
4.0 Number and Value of Scratch Prizes. There will be approximately 7,200,000 Scratch Tickets in Scratch Ticket Game No. 2615. The approximate number and value of prizes in the game are as follows:
Figure 2: GAME NO. 2615 - 4.0 (.pdf)
A. The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 2615 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Scratch Ticket Game Rules. See 16 TAC §401.302(j).
6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 2615, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.
TRD-202404708
Bob Biard
General Counsel
Texas Lottery Commission
Filed: October 2, 2024
The North Central Texas Council of Governments (NCTCOG) is requesting written proposals from consultant firms for the creation of Local Area Traffic Management Plans for the 2026 World Cup event locations including Dallas Stadium, Fan Fest and a possible International Broadcasting Center that outlines roles and responsibilities, traffic assessment, public transportation access and non-motorized road users access and coordinated operations of traffic management centers.
Proposals must be received in-hand no later than 5:00 p.m., Central Time, on Friday, October 25, 2024, to Natalie Bettger, Senior Program Manager, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011 and electronic submissions to TransRFPs@nctcog.org. The Request for Proposals will be available at www.nctcog.org/rfp by the close of business on Friday, October 11, 2024.
NCTCOG encourages participation by disadvantaged business enterprises and does not discriminate on the basis of age, race, color, religion, sex, national origin, or disability.
TRD-202404710
Mike Eastland
Executive Director
North Central Texas Council of Governments
Filed: October 2, 2024
Notice of Proposed Real Estate Transactions
Acquisition of Land - Llano County
Approximately 3,073 Acres at Enchanted Rock State Natural Area
In a meeting on November 7, 2024, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing the acquisition of approximately 3,073 acres at Enchanted Rock State Natural Area. The public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Solomon P. Ortiz International Center, 400 Harbor Drive, Corpus Christi, Texas 78401, Nueces Room. 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 to Real.Estate.Comment@tpwd.texas.gov, or via the department's website at www.tpwd.texas.gov. Visit the TPWD website at tpwd.texas.gov for the latest information regarding the Commission meeting.
Acquisition of Land - Bexar County and Medina County
Approximately 823 Acres at Government Canyon State Natural Area
In a meeting on November 7, 2024, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing the acquisition of approximately 823 acres at Government Canyon State Natural Area. The public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Solomon P. Ortiz International Center, 400 Harbor Drive, Corpus Christi, Texas 78401, Nueces Room. 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 to Real.Estate.Comment@tpwd.texas.gov, or via the department's website at www.tpwd.texas.gov. Visit the TPWD website at tpwd.texas.gov for the latest information regarding the Commission meeting.
Acquisition of Land - Burnet County
Approximately 2020 Acres at Colorado Bend State Park
In a meeting on November 7, 2024, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing the acquisition of approximately 2020 acres at Colorado Bend State Park. The public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Solomon P. Ortiz International Center, 400 Harbor Drive, Corpus Christi, Texas 78401, Nueces Room. Prior to the meeting, public comment may be submitted to Stan David, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, or by email to Real.Estate.Comment@tpwd.texas.gov, or via the department's website at www.tpwd.texas.gov. Visit the TPWD website at tpwd.texas.gov for the latest information regarding the Commission meeting.
Acquisition of Land - Marion County
Approximately 32.5 Acres at the Caddo Lake Wildlife Management Area
In a meeting on November 7, 2024, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing the acquisition of approximately 32.5 acres at the Caddo Lake Wildlife Management Area. The public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Solomon P. Ortiz International Center, 400 Harbor Drive, Corpus Christi, Texas 78401, Nueces Room. Prior to the meeting, public comment may be submitted to Stan David, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, or by email to Real.Estate.Comment@tpwd.texas.gov, or via the department's website at www.tpwd.texas.gov. Visit the TPWD website at tpwd.texas.gov for the latest information regarding the Commission meeting.
TRD-202404623
James Murphy
General Counsel
Texas Parks and Wildlife Department
Filed: September 25, 2024