Ark-Tex Council of Governments
The Ark-Tex Council of Governments (ATCOG) is soliciting proposals for a training provider/police academy to provide regional law enforcement training through a grant provided by the Texas Governor's Office, Criminal Justice Division (if awarded this funding).
The types of training to be provided include: Basic Law Enforcement Officer, Basic Jailer Certification, Basic Telecommunications, and Advanced/Specialized Law Enforcement Training. The period of performance is September 1, 2011 through August 31, 2012.
The service delivery area includes the following counties in Texas: Bowie, Cass, Delta, Franklin, Hopkins, Lamar, Morris, Red River, and Titus.
Potential respondents may obtain a copy of the request for proposal, scoring guidelines, and project scoring criteria by contacting Patricia Haley by email, phaley@atcog.org, or call (903) 832-8636. Proposals must be completed and received in the ATCOG office (by mail or in person), located at 4808 Elizabeth Street, Texarkana, Texas 75503 by June 24, 2011, at 5:00 p.m. The Ark-Tex Council of Governments Regional Criminal Justice Advisory Committee will score multiple proposals received. Respondents will be notified in writing of the date, time, and place of the meeting at which the proposals will be scored.
Request for Proposals will be issued on or after Wednesday, June 1, 2011.
TRD-201101925
L. D. Williamson
Executive Director
Ark-Tex Council of Governments
Filed: May 27, 2011
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, 303.008, 303.009, 304.003, and 346.111, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/06/11 - 06/12/11 is 18% for Consumer 1/Agricultural/Commercial2 credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/06/11 - 06/12/11 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by §303.005 and §303.009 3 for the period of 06/01/11 - 06/30/11 is 18% for Consumer/Agricultural/Commercial credit through $250,000.
The monthly ceiling as prescribed by §303.005 and §303.009 for the period of 06/01/11 - 06/30/11 is 18% for Commercial over $250,000.
The standard quarterly rate as prescribed by §303.008 and §303.009 for the period of 07/01/11 - 09/30/11 is 18% for Consumer/Agricultural/Commercial credit through $250,000.
The standard quarterly rate as prescribed by §303.008 and §303.009 for the period of 07/01/11 - 09/30/11 is 18% for Commercial over $250,000.
The retail credit card quarterly rate as prescribed by §303.009 1 for the period of 07/01/11 - 09/30/11 is 18% for Consumer/Agricultural/Commercial credit through $250,000.
The lender credit card quarterly rate as prescribed by §346.111, Texas Finance Code1 for the period of 07/01/11 - 09/30/11 is 18% for Consumer/Agricultural/Commercial credit through $250,000.
The standard annual rate as prescribed by §303.008 and 303.009 4 for the period of 07/01/11 - 09/30/11 is 18% for Consumer/Agricultural/Commercial credit through $250,000.
The standard annual rate as prescribed by §303.008 and §303.009 for the period of 07/01/11 - 09/30/11 is 18% for Commercial over $250,000.
The retail credit card annual rate as prescribed by §303.009 1 for the period of 07/01/11 - 09/30/11 is 18% for Consumer/Agricultural/Commercial credit through $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 06/01/11 - 06/30/11 is 5.00% for Consumer/Agricultural/Commercial credit through $250,000.
The judgment ceiling as prescribed §304.003 for the period of 06/01/11 - 06/30/11 is 5.00% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
3For variable rate commercial transactions only.
4Only for open-end credit as defined in §301.002(14), Texas Finance Code.
TRD-201101950
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: June 1, 2011
In accordance with Texas Insurance Code, Chapter 1551, the Employees Retirement System of Texas ("ERS") is issuing a Request for Proposal ("RFP") seeking qualified third-party administrators ("TPA") to provide Health Care administration (claim processing, network management and utilization review services) benefits and/or services for HealthSelect sm of Texas ("HealthSelect"), currently a self-funded, managed care, point-of-service ("POS") health plan under the Texas Employees Group Benefits Program ("GBP") with an initial term beginning September 1, 2012 through August 31, 2016. TPA shall provide administrative services for the level of benefits required in the RFP and meet other requirements that are in the best interest of ERS, the GBP, its Participants and the state of Texas, and shall be required to execute a Contractual Agreement ("Contract") provided by, and satisfactory to, ERS.
A TPA wishing to respond to this request shall: 1) maintain its principal place of business and provide all products and/or services including, but not limited to: call center, billing, eligibility, and programming, etc. within the United States of America, and shall have a Certificate of Authority and/or license to do business in Texas as a TPA from the Texas Department of Insurance, 2) have been providing administrative, claim processing, network management and utilization review services for organizations with a membership of no less than 50,000 or an aggregate of 1,000,000 covered lives for a minimum of three (3) years, 3) reflect a provider network capable of servicing no less than 85% of GBP Participants as of January 31, 2011; and 4) have a current net worth of $100 million as evidenced by a 2010 audited financial statement. Since the TPA may be required to advance up to two (2) weeks of claim payments totaling approximately $70 million before being reimbursed by ERS, the TPA shall have at least $100 million of cash and cash equivalents available, on average, throughout its 2010 financial period. The services requested and described in the RFP have been segregated into two (2) distinct Plan Administrations: a) High Deductible Health Plan with a Health Savings Account ("HDHP with HSA") option, and b) Preferred Provider Organization/Point-of-Service. Qualified TPAs may submit a Proposal and bid response materials to provide services for one or both programs. ERS reserves the right to select one or more TPAs to provide services for either or both a Preferred Provider Organization/Point-of-Service model or an HDHP with HSA option.
The RFP will be available on or after June 1, 2011 from ERS' website and will include documents for TPA's review and response. To access the secured portion of the RFP website, an interested TPA shall email its request to the attention of IVendor Mailbox at: ivendorquestions@ers.state.tx.us. The email request shall reflect TPA's legal name, street address, phone and fax numbers, and email address for the organization's direct point of contact. Upon receipt of this information, a user ID and password will be issued to the requesting organization that will permit access to the secured RFP.
General questions concerning the RFP and/or ancillary bid materials should be sent to the IVendor Mailbox where the responses, if applicable, are updated frequently. Submission deadline for all RFP questions submitted to the IVendor Mailbox are due on June 16, 2011 at 4:00 p.m. CT. The RFP will be discussed at a Bidders Web Conference on June 23, 2011, beginning at 2:00 p.m. (CT). A TPA wishing to participate is required to register for participation in the Bidders Web Conference no later than 4:00 p.m. (CT) on June 17, 2011, by emailing an acknowledgement to the IVendor Mailbox as referenced above.
To be eligible for consideration, the TPA is required to submit a total of six (6) sets of the Proposal in a sealed container. One (1) printed original shall be labeled as an "Original" and include fully executed documents, as appropriate, signed in blue ink and without amendment or revision. Three (3) additional duplicates of the Proposal, including all required exhibits, shall be provided in printed format. Finally, two (2) complete copies shall be submitted on CD-ROMs in Excel or Word format. No PDF documents (with the exception of sample GBP-specific marketing materials, financial statements and audited financial materials) may be reflected on the CD-ROMs. All materials shall be received by ERS no later than 12:00 noon (CT) on July 27, 2011.
ERS will base its evaluation and selection of a TPA on factors including, but not limited to the following, which are not necessarily listed in order of priority: compliance with the RFP, operating requirements, provider network, and experience serving large group programs, past experience, administrative quality, program fees and other relevant criteria. Each Proposal will be evaluated both individually and relative to the Proposal of other qualified TPAs. Complete specifications will be included with the RFP.
ERS reserves the right to reject any and/or all Proposals and/or call for new Proposals if deemed by ERS to be in the best interests of ERS, the GBP, its Participants and the state of Texas. ERS also reserves the right to reject any Proposal submitted that does not fully comply with the RFP's instructions and criteria. ERS is under no legal requirement to execute a Contract on the basis of this notice or upon issuance of the RFP and will not pay any costs incurred by any entity in responding to this notice or in connection with the preparation thereof. ERS reserves the right to vary all provisions set forth at any time prior to execution of a Contract where ERS deems it to be in the best interest of ERS, the GBP, its Participants and the state of Texas.
TRD-201101914
Paula A. Jones
General Counsel and Chief Compliance Officer
Employees Retirement System of Texas
Filed: May 26, 2011
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 July 11, 2011. 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 July 11, 2011. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission 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: Akzo Nobel Surface Chemistry LLC; DOCKET NUMBER: 2011-0451-AIR-E; IDENTIFIER: RN100219393; LOCATION: Houston, Fort Bend County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c) and §122.143(4), Federal Operating Permit Number O1328, Special Terms and Conditions Number 9, Air Permit Number 9600, Special Conditions Number 13, and Texas Health and Safety Code, §382.085(b), by failing to maintain the scrubber (V-004) vapor temperature at or below 100 degrees Fahrenheit on May 28, 2010, June 21, 2010, June 22, 2010, July 15, 2010, and July 24, 2010; PENALTY: $3,300; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3629; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: Beverly Minaldi dba Timberlane Water System; DOCKET NUMBER: 2011-0350-PWS-E; IDENTIFIER: RN101182624; LOCATION: Hemphill, Sabine County; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.109(f)(3), by failing to comply with the Maximum Contaminant Level for total coliform; 30 TAC §290.109(c)(2)(F), by failing to collect at least five distribution coliform samples for the months following a total coliform-positive sample result; 30 TAC §290.109(c)(2)(A)(ii) and Texas Health and Safety Code, §341.033(d), by failing to collect routine distribution water samples for coliform analysis; PENALTY: $1,878; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3425; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(3) COMPANY: Chiwoo Park dba Dunlavy Mart; DOCKET NUMBER: 2011-0365-PST-E; IDENTIFIER: RN102259454; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (2)(A), and TWC, §26.3475(a) and (c)(1), by failing to monitor the underground storage tank (UST) for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) and by failing to provide release detection for the pressurized piping associated with the UST; PENALTY: $5,730; ENFORCEMENT COORDINATOR: Mike Pace, (817) 588-5933; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(4) COMPANY: Clarity Homes, LTD; DOCKET NUMBER: 2011-0753-WQ-E; IDENTIFIER: RN106078371; LOCATION: Hudson Oaks, Parker County; TYPE OF FACILITY: residential construction; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: GREENSPOINT ENTERPRISES LLC dba Courtesy Chevron 6; DOCKET NUMBER: 2011-0100-PST-E; IDENTIFIER: RN102482957; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.242(3)(G) and (9) and Texas Health and Safety Code, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition and free of defects that would impair the effectiveness of the system and by failing to post operating instructions conspicuously on the front of each gasoline dispensing pump equipped with a Stage II vapor recovery system; 30 TAC §115.245(2) and Texas Health and Safety Code, §382.085(b), by failing to verify proper operation of the Stage II equipment at least once every 12 months and the Stage II vapor space manifolding and dynamic back pressure at least once every 36 months or upon major system replacement or modification, whichever occurs first; 30 TAC §115.246(4) and (6) and Texas Health and Safety Code, §382.085(b), by failing to maintain all required Stage II records at the station and make them immediately available for review upon request by agency personnel; PENALTY: $11,317; ENFORCEMENT COORDINATOR: Cara Windle, (512) 239-2581; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(6) COMPANY: Jefferson, Neil D; DOCKET NUMBER: 2011-0265-LII-E; IDENTIFIER: RN104318993; LOCATION: Allen, Collin County; TYPE OF FACILITY: irrigation services business; RULE VIOLATED: 30 TAC §344.35(d)(2), by failing to obtain an irrigation permit; 30 TAC §344.61(c)(1), (5), (7)(A) and (7)(B), by failing to submit an irrigation plan that was complete; PENALTY: $375; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3629; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(7) COMPANY: J-W Operating Company; DOCKET NUMBER: 2011-0039-AIR-E; IDENTIFIER: RN100791417; LOCATION: Wise County; TYPE OF FACILITY: gas plant; RULE VIOLATED: 30 TAC §106.352 and §106.512, Texas Health and Safety Code, §382.085(b) and Permit By Rule Registration Number 74342, by failing to comply with the annual allowable emissions rate; PENALTY: $212,500; Supplemental Environmental Project (SEP) offset amount of $212,500 applied to the University of Texas at Arlington, Texas Air Monitoring Network SEP; ENFORCEMENT COORDINATOR: John Muennink, (713) 422-8970; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(8) COMPANY: Martin Operating Partnership L.P.; DOCKET NUMBER: 2011-0503-AIR-E; IDENTIFIER: RN102548864; LOCATION: Plainview, Hale County; TYPE OF FACILITY: sulfuric acid production plant; RULE VIOLATED: 30 TAC §116.115(c), Texas Health and Safety Code, §382.085(b) and New Source Review (NSR) Permit Number 76571 Special Conditions (SC) 4, by failing to limit visible emissions from the Scrubber Stack (Emission Point Number 1) to less than 10% opacity averaged over a six-minute period; and 30 TAC §116.115(c), Texas Health and Safety Code, §382.085(b) and NSR Permit Number 76571, SC 8D, by failing to maintain all continuous emission monitoring system monitoring data and quality-assurance data; PENALTY: $2,320; ENFORCEMENT COORDINATOR: Allison Fischer, (512) 239-2574; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3421, (806) 796-7092.
(9) COMPANY: New Waverly Sound Investments, LLC; DOCKET NUMBER: 2010-2066-WQ-E; IDENTIFIER: RN106032709; LOCATION: Hockley, Waller County; TYPE OF FACILITY: construction; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization under a Texas Pollutant Discharge Elimination System Construction General Permit to discharge storm water associated with construction activities; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(10) COMPANY: Paula Roak dba Naconiches Farm; DOCKET NUMBER: 2011-0225-IHW-E; IDENTIFIER: RN105944524; LOCATION: Garrison, Nacogdoches County; TYPE OF FACILITY: poultry business; RULE VIOLATED: 30 TAC §335.25(c), by failing to prevent the unauthorized disposal of poultry carcasses; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(11) COMPANY: Rays Acquisition Company LLC; DOCKET NUMBER: 2011-0182-PWS-E; IDENTIFIER: RN105915656; LOCATION: Plantersville, Waller County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B) and Texas Health and Safety Code, §341.033(d), by failing to collect routine distribution water samples for coliform analysis and by failing to provide public notification of the failure to sample; and 30 TAC §290.51(a)(3) and TWC, §5.702, by failing to pay annual public health service fees, including late fees; PENALTY: $2,483; ENFORCEMENT COORDINATOR: Kelly Wisian, (512) 239-2570; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(12) COMPANY: Sand Hill Panola SWD #5 LLC; DOCKET NUMBER: 2011-0306-AIR-E; IDENTIFIER: RN105906119; LOCATION: Carthage, Panola County; TYPE OF FACILITY: salt water disposal plant; RULE VIOLATED: 30 TAC §116.110(a) and Texas Health and Safety Code, §382.085(b) and §382.0518(a), by failing to obtain permit authorization for a source of air emissions or satisfy the conditions of a Permit By Rule prior to the commencement of operations of a facility which emits air contaminants; PENALTY: $3,210; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(13) COMPANY: SANR, INCORPORATED dba China Market; DOCKET NUMBER: 2011-0362-PST-E; IDENTIFIER: RN101763282; LOCATION: China, Jefferson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a non-removable point in the immediate area of the fill tube for each regulated underground storage tank (UST) according to the UST registration and self-certification form; 30 TAC §334.72(3)(B), by failing to report a suspected release to the TCEQ within 24 hours of the discovery; and 30 TAC §334.74, by failing to investigate a suspected release within 30 days of discovery; 30 TAC §115.242(3) and (9) and Texas Health and Safety Code, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition, as specified by the manufacturer and/or any applicable California Air Resources Board Executive Order, and free of defects that would impair the effectiveness of the system, including but not limited to absence or disconnection of any component that is part of the approved system and by failing to post operating instructions conspicuously on the front of each gasoline dispensing pump equipped with the Stage II vapor recovery system; PENALTY: $3,925; ENFORCEMENT COORDINATOR: Mike Pace, (817) 588-5933; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(14) COMPANY: SKIDMORE WATER SUPPLY CORPORATION; DOCKET NUMBER: 2011-0370-PWS-E; IDENTIFIER: RN104620026; LOCATION: Skidmore, Bee County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(l), by failing to flush all dead-end mains at monthly intervals; 30 TAC §290.46(j), by failing to complete a customer service inspection certificate prior to providing continuous water service to new construction, on any existing service either when the water purveyor has reason to believe that cross-connections or other potential contaminant hazards exist, or after any material improvement, correction, or addition to the private water distribution facilities; 30 TAC §290.41(c)(3)(K), by failing to properly seal the wellhead with a gasket or sealing compound and by failing to provide a 16-mesh or finer corrosion-resistant screen on the well casing vent; and 30 TAC §290.44(h)(4), by failing to test backflow prevention assemblies which are installed to provide protection against health hazards on an annual basis by a recognized backflow assembly tester and certify that they are operating within specifications; PENALTY: $1,280; ENFORCEMENT COORDINATOR: Andrea Byington, (512) 239-2579; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(15) COMPANY: STANDARD WASTE SERVICES, LLC; DOCKET NUMBER: 2011-0246-MSW-E; IDENTIFIER: RN100684059; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: recycling facility; RULE VIOLATED: 30 TAC §330.7(a), by failing to obtain a permit or other authorization prior to conducting storage, processing, or disposal of municipal solid waste; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Andrea Park, (512) 239-4575; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(16) COMPANY: The Salvation Army; DOCKET NUMBER: 2011-0258-MWD-E; IDENTIFIER: RN102769098; LOCATION: Midlothian, Ellis County; TYPE OF FACILITY: wastewater treatment system; RULE VIOLATED: TWC, §26.121(a), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0013904001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limits; PENALTY: $5,140; ENFORCEMENT COORDINATOR: Jorge Ibarra, (512) 239-2569; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(17) COMPANY: TOTAL PETROCHEMICALS USA, INCORPORATED; DOCKET NUMBER: 2011-0260-AIR-E; IDENTIFIER: RN102457520; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: petrochemical refinery; RULE VIOLATED: 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), Texas Health and Safety Code, §382.085(b), Federal Operating Permit Number O-2222, Special Terms and Conditions Number 17, and Air Permit Numbers 20381, PSD-TX-1005 and N-044, Special Condition Numbers 1 and 12, by failing to maintain allowable emissions and firing rates; PENALTY: $10,000; Supplemental Environmental Project offset amount of $4,000 applied to the Southeast Texas Regional Planning Commission, West Port Arthur Home Energy Efficiency Program; ENFORCEMENT COORDINATOR: Audra Benoit, (409) 899-8799; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(18) COMPANY: WTG Gas Processing, L.P.; DOCKET NUMBER: 2011-0283-AIR-E; IDENTIFIER: RN100211473; LOCATION: Vincent, Howard County; TYPE OF FACILITY: natural gas plant; RULE VIOLATED: 30 TAC §116.115(c) and §112.3(a), Permit Number 20137, Special Condition Number 1, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions and exceeding the net ground level concentration of 0.4 parts per million by volume of sulfur dioxide during an emissions event (Incident Number 147325) which began on November 12, 2010; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (432) 570-1359.
TRD-201101940
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 31, 2011
Application. EER (Texas) Environmental Technologies, Inc., 1674 Luckenbach-Cain City Road, Fredericksburg, Texas 78624-4949, has applied to the Texas Commission on Environmental Quality (TCEQ) for proposed Registration No. 40257, to construct and operate a Type V municipal solid waste, medical waste storage and processing facility. The proposed facility, EER La Porte Recycling Center will be located near the intersection of Miller Cut-Off Road and Strang Road in the Battleground Industrial District in La Porte, approximately 3,000 feet to the north of S.H. 225 (Pasadena Freeway), 77571, in Harris County. The Applicant is requesting authorization to process and recycle medical waste. The registration application is available for viewing and copying at the Harris County Public Library - La Porte Branch Library, 600 South Broadway, La Porte, Texas 77571 and may be viewed online at http://eer-pgm.com/en-us/news/texas_registration/. The TCEQ executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) in accordance with the regulations of the Coastal Coordination Council and has determined that the action is consistent with the applicable CMP goals and policies.
Public Comment/Public Meeting. Written public comments or written requests for a public meeting must be submitted to the Office of the Chief Clerk at the address included in the information section below. If a public meeting is held, comments may be made orally at the meeting or submitted in writing by the close of the public meeting. A public meeting will be held by the executive director if requested by a member of the legislature who represents the general area where the development is to be located, or if there is a substantial public interest in the proposed development. The purpose of the public meeting is for the public to provide input for consideration by the commission, and for the applicant and the commission staff to provide information to the public. A public meeting is not a contested case hearing. The executive director will review and consider public comments and written requests for a public meeting submitted during the comment period. The comment period shall begin on the date this notice is published and end 60 calendar days after this notice is published. The comment period shall be extended to the close of any public meeting. The executive director is not required to file a response to comments.
Executive Director Action. The executive director shall, after review of an application for registration, determine if the application will be approved or denied in whole or in part. If the executive director acts on an application, the chief clerk shall mail or otherwise transmit notice of the action and an explanation of the opportunity to file a motion to overturn the executive director's decision. The chief clerk shall mail this notice to the owner and operator, the public interest counsel, to adjacent landowners as shown on the required land ownership map and landowners list, and to other persons who timely filed public comment in response to public notice. Not all persons on the mailing list for this notice will receive the notice letter from the Office of the Chief Clerk.
Information. Written public comments or requests to be placed on the permanent mailing list for this application should be submitted to the Office of the Chief Clerk mail code MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 or electronically submitted to http://www10.tceq.state.tx.us/epic/ecmnts/. If you choose to communicate with the TCEQ electronically, please be aware that your e-mail address, like your physical mailing address, will become part of the agency's public record. Individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TCEQ can be found at our website at www.tceq.state.tx.us. Further information may also be obtained from EER (Texas) Environmental Technologies, Inc. at the address stated above or by calling Mr. Jose E. Kauachi, Vice-President Business Development, at (830) 997-8174.
TRD-201101963
Melissa Chao
Acting Chief Clerk
Texas Commission on Environmental Quality
Filed: June 1, 2011
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 July 11, 2011. 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 July 11, 2011. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, TWC, §7.075 provides that comments on an AO shall be submitted to the commission in writing.
(1) COMPANY: AET Inc. Limited; DOCKET NUMBER: 2010-0703-AIR-E; TCEQ ID NUMBER: RN105885180; LOCATION: Sabine-Neches ship channel located north of the Martin Luther King bridge and immediately to the east of the port of Port Arthur, Jefferson County; TYPE OF FACILITY: sour crude oil tanker; RULES VIOLATED: 30 TAC §382.085(a) and (b), by failing to prevent a condition of air pollution; PENALTY: $36,000; Supplemental Environmental Project offset amount of $18,000 applied to Port Arthur Building and Infrastructure Energy Efficiency Upgrades Program; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(2) COMPANY: Brothers Materials, Ltd; DOCKET NUMBER: 2010-1147-AIR-E; TCEQ ID NUMBER: RN103004099 and RN103004081; LOCATION: six miles west of Loop 20 on Highway 359, Laredo, Webb County; TYPE OF FACILITY: asphalt plant; RULES VIOLATED: 30 TAC §101.20(1), §106.147(a), 40 Code of Federal Regulations (CFR), §60.8, Texas Health and Safety Code (THSC), §382.085(b), and AO Docket Order Number 2008-0188-AIR-E, Ordering Provisions Numbers 2.c., 2.g., and 2.h., by failing to conduct the required stack sampling test, failing to conduct a pretest meeting concerning the stack sampling test, and failing to submit the stack sampling test results to the TCEQ; 30 TAC §101.24 and §101.27, THSC, §382.085(b), and TWC, §5.702, by failing to pay outstanding air emissions, inspection, and late fees for TCEQ Financial Account Numbers 21006623 and 21505942 for Fiscal Year 2010; 30 TAC §101.20(1) and §116.615(6), THSC, §382.085(b), 40 CFR, §60.8, and Air Quality Standard Permit for Temporary Rock and Concrete Crushers, Condition 1(O), by failing to conduct performance testing no later than 180 days after the initial start-up; 30 TAC §116.615(9) and (10), THSC, §382.085(b), and Air Quality Standard Permit for Temporary Rock and Concrete Crushers, Conditions 1(O) and 1(H), by failing to install permanently mounted spray bars at the inlet and outlet of all crushers, at all shaker screens, and at all material transfer points for use, as necessary, to maintain compliance with all opacity; 30 TAC §116.115(b) and §116.615(2), THSC, §382.085(b), and Air Quality Standard Permit for Temporary Rock and Concrete Crushers, Condition (3)(E), by failing to comply with the standard permit conditions limiting the operation of a rock crusher to no more than 180 non-consecutive days; PENALTY: $12,625; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.
(3) COMPANY: Daniel Garcia and Julia Garcia; DOCKET NUMBER: 2010-0862-MSW-E; TCEQ ID NUMBER: RN105896252 and RN105913198; LOCATION: 110 West Mockingbird Lane, Harker Heights, Bell County; TYPE OF FACILITY: used and scrap tire transporting business; RULES VIOLATED: 30 TAC §328.57(c)(3), by failing to ensure that all scrap tires are transported to an authorized facility; and 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of scrap tires; PENALTY: $3,500; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(4) COMPANY: John Alihemati dba Station 66; DOCKET NUMBER: 2010-1896-AIR-E; TCEQ ID NUMBER: RN103937389; LOCATION: 7500 Gateway Boulevard North, El Paso, El Paso County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: THSC, §382.085(b) and 30 TAC §114.100(a), by failing to comply with the minimum oxygen content of 2.7% by weight of gasoline during the control period of October 1 - March 31; PENALTY: $1,400; STAFF ATTORNEY: Mike Fishburn, Litigation Division, MC 175, (512) 239-0635; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.
(5) COMPANY: Southwest Grain Co.; DOCKET NUMBER: 2010-1456-AIR-E; TCEQ ID NUMBER: RN102570926; LOCATION: 611 Missouri Street, Edcouch, Hidalgo County; TYPE OF FACILITY: grain storage plant; RULES VIOLATED: 30 TAC §116.110(a) and THSC, §382.0518(b), by failing to submit a permit renewal application for the plant prior to the expiration of the permit; PENALTY: $2,040; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(6) COMPANY: Star Fuels, Inc. dba Brookshire Conoco; DOCKET NUMBER: 2010-0696-PST-E; TCEQ ID NUMBER: RN102009396; LOCATION: 306 Farm-to-Market Road 359 South, Brookshire, Waller County; TYPE OF FACILITY: underground storage tank system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(a) and 30 TAC §334.50(b)(2) and (A)(i)(III), by failing to provide proper release detection for the pressurized piping associated with the USTs and failing to test the line leak detectors at least once per year for performance and operational reliability; 30 TAC §334.72(3)(B), by failing to report a suspected release to the TCEQ within 24 hours of discovery; 30 TAC §334.74, by failing to investigate a suspected release of regulated substances within 30 days of discovery; PENALTY: $43,696; STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
TRD-201101943
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 31, 2011
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and 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 July 11, 2011. The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.
A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 11, 2011. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.
(1) COMPANY: Greenwood Place Civic Club, Inc.; DOCKET NUMBER: 2010-1799-UTL-E; TCEQ ID NUMBER: RN101438463; LOCATION: 1018 Verhalen Avenue, Houston, Harris County; TYPE OF FACILITY: public water system; RULES VIOLATED: TWC, §13.1395(b)(2), Texas Health and Safety Code (THSC), §341.049, 30 TAC §§290.39(o)(1), 291.162(a), and 291.162(j), by failing to adopt and submit to the executive director for approval by March 1, 2010, an emergency preparedness plan that demonstrates the facility's ability to provide emergency operations; PENALTY: $428; STAFF ATTORNEY: Peipey Tang, Litigation Division, MC 175, (512) 239-0654; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(2) COMPANY: Meroslem Garcia and Miguel Alfaro; DOCKET NUMBER: 2010-2085-PST-E; TCEQ ID NUMBER: RN100918317; LOCATION: 12903 East Freeway, Houston, Harris County; TYPE OF FACILITY: out-of-service underground storage tank (UST) system; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, a UST system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; and 30 TAC §334.7(a)(1), by failing to register with the commission, on authorized agency forms, USTs in existence on or after September 1, 1987; PENALTY: $3,675; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(3) COMPANY: Nimi's Inc. dba Ray Stuart's Cleaners; DOCKET NUMBER: 2010-2042-DCL-E; TCEQ ID NUMBER: RN104095062; LOCATION: 425 Pinson Road, Forney, Kaufman County; TYPE OF FACILITY: dry cleaner drop station; RULES VIOLATED: THSC, §374.102 and 30 TAC §337.11(e), by failing to renew the facility's registration by completing and submitting the required registration form to the Texas Commission on Environmental Quality for a dry cleaning facility and/or drop station; PENALTY: $7,586; STAFF ATTORNEY: Marshall Coover, Litigation Division, MC 175, (512) 239-0620; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: Western States Realty LLC; DOCKET NUMBER: 2010-1699-MSW-E; TCEQ ID NUMBER: RN102865227; LOCATION: approximately four miles east of Hawley on Farm-to-Market Road 1226, Jones County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) disposal site; RULES VIOLATED: 30 TAC §330.15(c) and TCEQ Agreed Order Docket Number 2003-1496-MSW-E, Ordering Provision Numbers 2.1., 2.2., and 2.3., by failing to prevent the unauthorized disposal of MSW; PENALTY: $32,300; STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
TRD-201101942
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 31, 2011
The following notices were issued on May 19, 2011 through May 27, 2011.
The following require the applicants to publish notice in a newspaper. Public comments, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.
INFORMATION SECTION
STEPHEN F AUSTIN STATE UNIVERSITY has applied for a renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0013161001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility is located at 336 County Road 473, 1 mile west of Farm-to-Market Road 705 on Farm-to-Market Road 3127, north on County Road 473 in San Augustine County, Texas 75929.
CITY OF WHITE OAK has applied for a renewal of TPDES Permit No. WQ0010940001 which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,100,000 gallons per day. The facility is located approximately 1,500 feet east of State Highway 42 and 3,800 feet south U.S. Highway 80 in Gregg County, Texas 75693.
TIN INC which operates Buna Lumber Operation, has applied for a renewal of TPDES Permit No. WQ0002924000, which authorizes the discharge of commingled wastewaters on an intermittent and flow variable basis via Outfall 001 and storm water on an intermittent and flow variable basis via Outfalls 002, 003, and 004. The facility is located approximately one mile east of U.S. Highway 96 and approximately two miles north of the community of Buna, Jasper County, Texas.
TOSHIBA INTERNATIONAL CORPORATION which operates Toshiba International, a facility which manufactures electric motors, inverters, and other electrical products, has applied for a renewal with changes to TPDES Permit No. WQ0003153000, to remove the authorization for disposal of effluent via irrigation and evaporation. The current permit authorizes the discharge of treated sanitary wastewater and parts washwater at a daily average flow not to exceed 50,000 gallons per day via Outfall 001, or disposal of this wastewater via irrigation; and recirculated non-contact cooling water and once-through cooling water at a daily average flow not to exceed 50,000 gallons per day via Outfall 002. The facility is located at 13131 West Little York Road on the southeast corner of the intersection of West Little York Road and Eldrige Parkway in the extraterritorial jurisdiction of the City of Houston, Harris County, Texas 77041.
CITY OF FORT WORTH TARRANT REGIONAL WATER DISTRICT AND TEXAS DEPARTMENT OF TRANSPORTATION, which operate the City of Fort Worth MS4 Municipal Separate Storm Sewer System (MS4) have applied for a renewal of TPDES Permit No. WQ0004350000 (EPA I.D. No. TXS000901) to authorize storm water point source discharges to surface water in the state from the City of Fort Worth MS4. The MS4 is located within the corporate boundary of the City of Fort Worth, except agricultural lands, in Denton, Tarrant, and Wise Counties, Texas.
NORTH TEXAS TOLLWAY AUTHORITY (NTTA) which operates the NTTA Municipal Separate Storm Sewer System (MS4) has applied for a major amendment with renewal of TPDES Permit No. WQ0004400000 (NPDES No. TXS000703) to authorize the expansion of the MS4 boundaries and storm water point source discharges to surface water in the state from the NTTA MS4. The MS4 is located within the NTTA right-of-way within the corporate boundaries of the Cities of Addison, Allen, Carrollton, Coppell, Dallas, Fairview, Farmers Branch, Frisco, Garland, Grand Prairie, Highland Park, Irving, Lake Dallas, Lewisville, Little Elm, McKinney, Plano, Prosper, Richardson, The Colony, and University Park, 75001, 75006, 75007, 75010, 75013, 75019, 75024, 75025, 75034, 75035, 75038, 75039, 75040, 75044, 75050, 75051, 75052, 75056, 75057, 75061, 75062, 75063, 75065, 75067, 75068, 75069, 75070, 75074, 75075, 75078, 75082, 75093, 75201, 75205, 75207, 75209, 75211, 75219, 75220, 75225, 75229, 75230, 75234, 75236, 75240, 75244, 75248, 75252, 75254, and 75287 in Collin, Dallas, and Denton Counties, Texas.
CITY OF DAWSON has applied for a renewal of TPDES Permit No. WQ0010026001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 130,000 gallons per day. The facility is located at 200 South County Line Road, approximately 0.5 mile south-southeast of Farm-to-Market Road 709 and approximately 0.5 mile east-northeast of Farm-to-Market Road 1838 in the southeast section of the City of Dawson in Navarro County, Texas 76639.
CITY OF KILGORE has applied for a renewal of TPDES Permit No. WQ0010201001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 6,000,000 gallons per day. The facility is located at 2701 Angeline Street, approximately 0.7 mile east and 0.4 mile north of the intersection of U.S. Highway 259 and Farm-to-Market Road 2204 in the City of Kilgore in Gregg County, Texas 75662.
CITY OF LEWISVILLE has applied for a renewal of TPDES Permit No. WQ0010662001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 18,000,000 gallons per day. The applicant has also applied to the TCEQ for approval of a substantial modification to its pretreatment program under the TPDES program. The facility is located approximately 2,000 feet southwest of the intersection of AT & SF Railroad and Elm Fork of the Trinity River, northeast of the City of Lewisville in Denton County, Texas 75057.
CROSBY MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0011388001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 990,000 gallons per day. The facility is located at 5703 Avenue E approximately one-half mile southwest of the intersection of Farm-to-Market Road 2100 and the Southern Pacific Railroad in the City of Crosby, in Harris County, Texas 77532.
MOFFETT TWIN-OAKS MOBILE HOME PROPERTY TRUST AND MR. FRANKLIN LEE GOODMAN have applied to the TCEQ for a renewal of TPDES Permit No. WQ0011588001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 49,000 gallons per day. The facility is located on the west bank of Willis Creek, approximately one mile south of the Willis Creek crossing of Farm-to-Market Road 842 and approximately two miles northeast of the intersection of Farm-to-Market Road 842 and State Highway 103E near the City of Lufkin in Angelina County, Texas 75901.
CITY OF HUDSON has applied for a renewal of TPDES Permit No. WQ0011826001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 550,000 gallons per day. The facility is located approximately 0.8 mile east of the intersection of State Highway 94 and Farm-to-Market Road 3258 and approximately 0.8 mile south of the intersection of State Highway 94 and Farm-to-Market Road 706 in Angelina County, Texas 75904.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO 202 has applied for a renewal of TPDES Permit No. WQ0012631001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 725,000 gallons per day. TCEQ received this application on January 31, 2011. The facility is located approximately 1,300 feet west of Bammel-North Houston, between Bourgeois Road and Harris County Flood Control District ditch in Harris County, Texas 77066.
MIRANDO WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. WQ0014207001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 125,000 gallons per day. The facility is located due south of the Tex-Mex Railroad and 3,000 feet due west of the intersection of State Highway 359 and Farm-to-Market Road 2895 in Webb County, Texas 78369.
The following do not require publication in a newspaper. Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 30 DAYS OF THE ISSUED DATE OF THE NOTICE.
E I DU PONT DE NEMOURS AND COMPANY which operates the Corpus Christi Plant, which manufactures industrial organic and inorganic chemicals has applied for a minor amendment to TPDES Permit No. WQ0001651000 to correct the single grab effluent limitation for total suspended solids at Outfall 001. The existing permit authorizes the discharge of process wastewater, treated domestic wastewater, utility water, treated groundwater, laboratory wastewater, dismantling operation wastewater, equipment wash water, and storm water via Outfall 001 at a daily average flow not to exceed 4,610,000 gallons per day; and hydrostatic test water, noncontact steam condensates, and storm water runoff via Outfall 002 on an intermittent and flow variable basis. The facility is located on the south side of State Highway 361, approximately 1.25 miles east of the intersection of State Highway 361 and State Highway 35, southeast of the City of Gregory, San Patricio County, Texas 78362.
JOHANN HALTERMANN LTD which operates Johann Haltermann, Ltd., Jacintoport Facility, has applied for a minor amendment to TPDES Permit No. WQ0002458000 to authorize the removal of Outfall 004. The existing permit authorizes the discharge of process wastewater, utility wastewater, domestic wastewater, and storm water at a daily average flow not to exceed 0.22 million gallons per day via Outfall 001, and storm water runoff on an intermittent and flow variable basis via Outfall 002 and 004, and non-contact heating water on an intermittent and flow variable basis via Outfall 003. The facility is located at 16717 Jacintoport Boulevard on the north bank of the Houston Ship Channel, approximately 1.6 miles east of the intersection of Sheldon Road and Jacintoport Boulevard, near the Community of Channelview, Harris County, Texas 77015.
If you need more information about these permit applications or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our website at www.TCEQ.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-201101961
Melissa Chao
Acting Chief Clerk
Texas Commission on Environmental Quality
Filed: June 1, 2011
Notice issued May 25, 2011.
APPLICATION NO. 18-3891A; Tri-Community Water Supply Corporation, P.O. Box 11, Fentress, Texas 78622, Applicant, has applied for an amendment to Certificate of Adjudication No. 18-3891 to change its two diversion points to divert underflow of the San Marcos River, Guadalupe River Basin in Caldwell County and to increase the maximum combined diversion rate. More information on the application and how to participate in the permitting process is given below. The application and fees were received on July 14, 2010. Additional information was received on November 2 and December 30, 2010. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on January 13, 2011. The Executive Director completed the technical review of the application and prepared a draft amendment. The draft amendment, if granted, would contain special conditions, including but not limited to, contacting the South Texas Watermaster prior to diversion. The application, technical memoranda, and Executive Director's draft permit are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Bldg. F, Austin, TX 78753. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.
INFORMATION SECTION
To view the complete issued notice, view the notice on our website at www.tceq.state.tx.us/comm_exec/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.
A public meeting is intended for the taking of public comment, and is not a contested case hearing.
The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 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 Office of Public Assistance at 1-800-687-4040. General information regarding the TCEQ can be found at our website at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-201101962
Melissa Chao
Acting Chief Clerk
Texas Commission on Environmental Quality
Filed: June 1, 2011
The executive director of the Texas Commission on Environmental Quality (TCEQ or commission) hereby issues public notice of intent to perform a removal action, as provided by Texas Health and Safety Code (THSC), §361.133, for the Woodward Industries, Inc., proposed state Superfund site (the site). The site, including all land, structures, appurtenances, and other improvements, occupies approximately seven acres and is located along the south side of County Road 816, approximately 0.25 miles west of Highway 259, and approximately six miles north of Nacogdoches, in Mahl, Texas. The site also includes any areas where hazardous substances have come to be located as a result, either directly or indirectly of releases of hazardous substances from the site.
Wood treating operations began at the site in 1947. Pentachlorophenol was used to treat posts at the site from 1947 until 1982 by East Texas Wood Treating and Woodward Industries, Inc. A portion of the current site was owned by Southern Pacific Transportation Company. The property was later owned by Texwood, Inc., which used the property for pallet building. It was later owned by Wesley and Jesse Myrow, and it is currently owned by Don and Marsha Shoemaker.
The site is proposed for listing under THSC, Chapter 361, Subchapter F. A removal action is appropriate at this site for a number of reasons, as supported in the statute. For example, immediate action is appropriate to protect human health and the environment due to confirmed releases and spills, and a potential threat of a release of hazardous substances to the adjacent residential properties, a nearby cemetery, a pond located 250 feet from the site, and a large wooded area. Immediate action may also prevent the site from needing to be listed under Subchapter F. Additionally, the removal action can be completed without extensive investigation and planning and will achieve a significant cost reduction for the site cleanup. The removal action will consist of excavation and off-site disposal of the contaminated surface and subsurface soils at an approved offsite disposal facility. Removal of source material and soil contamination may prevent groundwater contamination. Thus detailed and extensive design processes associated with things such as on-site containment cells or groundwater plume management zones is unnecessary in this case, and the significant cost associated with these processes can be averted.
A portion of the records for this site is available for review during regular business hours at the Nacogdoches Public Library, 1112 North Street, Nacogdoches, Texas 75961, (936) 556-2970. Copies of the complete public record file may be obtained during business hours at the commission's Records Management Center, Building E, First Floor, Records Customer Service, MC 199, 12100 Park 35 Circle, Austin, Texas 78753, 1-800-633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Parking for persons with disabilities is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.
For further information, please telephone Dean Perkins, TCEQ Project Manager, Remediation Division at (903) 535-5175, or John Flores, TCEQ Community Relations Coordinator, Remediation Division at 1-800-633-9363.
TRD-201101934
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 31, 2011
The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on May 18, 2011, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. David Higginbotham and Katha Higginbotham; SOAH Docket No. 582-11-0541; TCEQ Docket No. 2010-0157-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against David Higginbotham and Katha Higginbotham on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Melissa Chao, Office of the Chief Clerk, (512) 239-3300.
TRD-201101895
Melissa Chao
Acting Chief Clerk
Texas Commission on Environmental Quality
Filed: May 25, 2011
AOR #5 (2011)
Requestor: Kevin Almaguer, P.G.
Re: Is the Texas Commission on Environmental Quality (TCEQ) Petroleum Storage Tank (PST) Division contributing to violations of the Geoscience Practice Act? Also, do companies have to be Geoscience/PE Firms to perform environmental geoscience work and submit reports to the TCEQ Voluntary Cleanup Program (VCP) and Industrial Hazardous Waste-Corrective Action Program? Still, what does the definition of public mean?
Any interested person may submit written comments concerning this Advisory Opinion Request and Draft Opinion to: Charles Horton, Deputy Executive Director, P.O. Box 13225, Austin, Texas 78711, or by e-mail to chorton@tbpg.state.tx.us or by fax to (512) 936-4409. Comments must be submitted no later than 30 days from the date of the posting in the Texas Register. Please reference Advisory Opinion Request #5.
Draft Opinion
Is the Texas Commission on Environmental Quality (TCEQ) Petroleum Storage Tank (PST) Division contributing to violations of the Geoscience Practice Act?
No.
Also, do companies have to be Geoscience/PE Firms to perform environmental geoscience work and submit reports to the TCEQ Voluntary Cleanup Program (VCP) and Industrial Hazardous Waste-Corrective Action Program?
Not all corrective actions require geoscientific work that is regulated by the Texas Geoscience Practice Act, Texas Occupations Code Chapter 1002 (Act). Those corrective actions which constitute work that is regulated by the Texas Geoscience Practice Act would be in violation of the Act if not performed by a licensed Professional Geoscientist and/or Professional Geoscience Firm independent of and without regard to any other requirements or registrations under the Texas Commission on Environmental Quality (TCEQ). Work that is not regulated under the Texas Geoscience Practice Act is not required to be performed by a licensed P.G. and/or Professional Geoscience Firm. Work that is regulated must be submitted under seal to certify that the geoscience work has been performed by a licensed P.G. and/or Professional Geoscience Firm.
Geoscience, under the Texas Occupations Code §1002.002(3), means "the science of the earth and its origin and history, the investigation of the earth's environment and its constituent soils, rocks, minerals, fossil fuels, solids, and fluids, and the study of the natural and introduced agents, forces, and processes that cause changes in and on the earth."
Since much corrective action work is not related to geoscience, the mere registration of Registered Corrective Action Specialist (RCAS) and Corrective Action Project Manager (CAPM) is not relevant to the issue, as not all RCAS and CAPMs may be practicing geoscience work.
Please also see Advisory Opinion #4 with respect to "responsible charge."
Still what does the definition of public mean?
Texas Occupations Code §1002.002(7) defines the public practice of geoscience as "the practice for the public of geoscientific services or work, including consulting, investigating, evaluating, analyzing, planning, mapping, and inspecting geoscientific work and the responsible supervision of those tasks."
"Practice for the public" is further defined in the Texas Occupations Code §1002.002(6): "(A) means providing professional geoscientific services: (i) for a governmental entity in this state; (ii) to comply with a rule established by this state or a political subdivision of this state; or (iii) for the public or a firm or corporation in this state if the practitioner assumes the ultimate liability for the work product; and (B) does not include services provided for the express use of a firm or corporation by an employee or consultant if the firm or corporation assumes the ultimate liability for the work product."
TRD-201101958
Charles Horton
Deputy Executive Director
Texas Board of Professional Geoscientists
Filed: June 1, 2011
Notice of Public Hearing on Proposed Medicaid Payment Rate
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on June 28, 2011, at 2:30 p.m., to receive public comment on the proposed rate for the Truman W. Smith Children's Care Center, a nursing facility which is a member of the pediatric care facility special reimbursement class of the Nursing Facility Program operated by the Texas Department of Aging and Disability Services (DADS).
The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.105(g), which require public notice and hearings on proposed Medicaid reimbursements. The public hearing will be held in the Permian Basin Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. Persons requiring Americans with Disabilities Act (ADA) accommodation or auxiliary aids or services should contact Esther Brown by calling (512) 491-1445, at least 72 hours prior to the hearing so appropriate arrangements can be made.
Proposal. HHSC proposes to increase the rate for the nursing facility pediatric care facility special reimbursement class for Truman W. Smith Children's Care Center from $219.69 a day to $223.44 a day. The proposed rate will be effective September 1, 2011, and was determined in accordance with the rate-setting methodology listed below under "Methodology and Justification."
Methodology and Justification. The proposed rate was determined in accordance with the rate-setting methodology codified at 1 TAC Chapter 355, Subchapter C, §355.307, Reimbursement Setting Methodology.
Briefing Package. A briefing package describing the proposed payment rate will be available at http://www.hhsc.state.tx.us/rad/rate-packets.shtml on June 13, 2011. Interested parties may also obtain a copy of the briefing package prior to the hearing by contacting Esther Brown by telephone at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at esther.brown@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rate may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Esther Brown, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Esther Brown at (512) 491-1998; or by e-mail to esther.brown@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Esther Brown, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
TRD-201101936
Steve Aragon
Chief Counsel
Texas Health and Human Services Commission
Filed: May 31, 2011
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on Monday June 27, 2011, at 1:30 p.m., to receive comment on proposed Medicaid payment reductions for Clinical Laboratory Services (non-state entities), Freestanding Psychiatric Facilities (non-state entities), Renal Dialysis Facilities, Ambulatory Surgical Centers/Hospital Based Ambulatory Surgical Centers (ASC/HASC), and Hospital Outpatient Medicaid Services. The public hearing will be held in the Public Hearing Room of HHSC, Winters Building, located at 701 W. 51st St., Austin, Texas. The hearing will be held in compliance with Human Resources Code §32.0282 and Title 1 of the Texas Administrative Code (TAC) §355.201(e)-(f), which require public notice of and hearings on proposed Medicaid reimbursements.
Proposal. The Medicaid payments for the following services are proposed to be reduced in response to direction received in the 2012-13 General Appropriations Act (Article II, H.B. 1, 82nd Legislature, Regular Session, 2011), effective September 1, 2011: Ambulatory Surgical Centers services; Clinical Laboratory services; Freestanding Psychiatric services; Hospital Outpatient services; and Renal Dialysis services. In addition HHSC will convert the payment methodology for outpatient hospital imaging services to a fee schedule and will reduce reimbursement for outpatient services provided in an emergency department that do not qualify as emergency services to 60 percent of the calculated outpatient reimbursement.
Methodology and Justification. The payment rates were calculated in accordance with 1 TAC §355.8610, which addresses the reimbursement methodology for Clinical Laboratory Services; 1 TAC §355.8063, which addresses the reimbursement methodology for Freestanding Psychiatric Facilities; 1 TAC §355.8121, which addresses the reimbursement methodology for ASC/HASC; 1 TAC §355.8061, which addresses the reimbursement methodology for Hospital Outpatient Services; 1 TAC §355.8660, which addresses the reimbursement methodology for Renal Dialysis Facilities; and subsequently adjusted in accordance with 1 TAC 355.201(d) regarding Establishment and Adjustment of Reimbursement Rates by the Health and Human Services Commission.
Briefing Package. A briefing package describing the proposed payment rates will be available on or after June 10, 2011. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Rate Analysis by telephone at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at esther.brown@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Rate Analysis, HHSC, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Rate Analysis at (512) 491-1998; or by e-mail to esther.brown@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to HHSC Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Rate Analysis at (512) 491-1445 at least 72 hours in advance, so appropriate arrangements can be made.
TRD-201101933
Steve Aragon
Chief Counsel
Texas Health and Human Services Commission
Filed: May 31, 2011
Hearing. The Health and Human Services Commission (HHSC) will conduct a public hearing on June 28, 2011, at 1:30 p.m., to receive public comment on proposed payment rates for state-owned veterans nursing facilities. These nursing facilities are in the nursing facility program operated by Department of Aging and Disability Services. These payment rates are proposed to be effective March 1, 2011.
The public hearing will be held in compliance with Human Resources Code §32.0282 and Title 1 of the Texas Administrative Code (TAC) §355.105(g), which require public notice and hearings on proposed payment rates. The public hearing will be held in the Permian Basin Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. Persons requiring Americans with Disabilities Act (ADA) accommodation or auxiliary aids or services should contact Esther Brown by calling (512) 491-1358, at least 72 hours prior to the hearing so appropriate arrangements can be made.
Proposal. HHSC proposes the following interim per day payment rates for the state-owned veterans nursing facilities effective March 1, 2011: Big Spring, $143.00; Bonham, $143.00; Floresville, $143.00; Temple, $143.00: McAllen, $143.00, El Paso, $143.00 and Amarillo, $143.00. The proposed rates for each home are based upon the state veterans home semi-private basic daily rate in effect on the first day of the rate period in accordance with the rate-setting methodologies listed below under "Methodology and Justification." These rates will be reconciled retrospectively based on actual costs in accordance with 1 TAC §355.311(j).
Methodology and justification. The proposed rates were determined in accordance with the rate reimbursement setting methodology at 1 TAC §355.311(d).
Briefing package. A briefing package describing the proposed payment rates will be available at http://www.hhsc.state.tx.us/rad/rate-packets.shtml on June 13, 2011. Interested parties may also obtain a copy of the briefing package prior to the hearing by contacting Esther Brown at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at esther.brown@hhsc.state.tx.us. The briefing package will also be available at the public hearing.
Written and oral comments. Written comments regarding the payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Esther Brown, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Esther Brown at (512) 491-1998; or by e-mail to esther.brown@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Esther Brown, HHSC Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
TRD-201101935
Steve Aragon
Chief Counsel
Texas Health and Human Services Commission
Filed: May 31, 2011
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on June 28, 2011, at 8:30 a.m., to receive public comment on proposed rates for the Hospice-Nursing Facility (NF) and Hospice-Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR) programs operated by the Texas Department of Aging and Disability Services (DADS).
The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.105(g), which require public notice and hearings on proposed Medicaid reimbursements. The public hearing will be held in the Permian Basin Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. Persons requiring Americans with Disabilities Act (ADA) accommodation or auxiliary aids or services should contact Jamie Mollenhauer by calling (512) 491-1445, at least 72 hours prior to the hearing so appropriate arrangements can be made.
Proposal. HHSC proposes to adjust the rates for the Hospice-NF and Hospice ICF/MR programs to be equal to 95 percent of the appropriate NF or ICF/MR rate for each Medicaid recipient residing in an NF or ICF/MR. Currently, Hospice-NF and Hospice-ICF/MR rates are equal to 96.96 percent of the appropriate NF or ICF/MR rate. The proposed rates will be effective September 1, 2011, and were determined in accordance with the rate-setting methodology listed below under "Methodology and Justification."
Methodology and Justification. The proposed rates were determined in accordance with the rate-setting methodology codified at Title 40 of the Texas Administrative Code (TAC), Chapter 30, Subchapter F, §30.60, Medicaid Hospice Payments and Limitations. These rates were subsequently adjusted in accordance with 1 TAC Chapter 355, Subchapter A, §355.101, Introduction, and §355.109, Adjusting Reimbursement When New Legislation, Regulations or Economic Factors Affect Costs, and Subchapter B, §355.201, Establishment and Adjustment of Reimbursement Rates by the Health and Human Services Commission. These rate adjustments are being made as a result of the 2012-2013 General Appropriations Act (Article II, H.B. 1, 82nd Legislature, Regular Session, 2011).
Briefing Package. A briefing package describing the proposed payment rate will be available at http://www.hhsc.state.tx.us/rad/rate-packets.shtml on June 13, 2011. Interested parties may also obtain a copy of the briefing package prior to the hearing by contacting Jamie Mollenhauer by telephone at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at jamie.mollenhauer@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rate may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Jamie Mollenhauer, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Jamie Mollenhauer at (512) 491-1998; or by e-mail to jamie.mollenhauer@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Jamie Mollenhauer, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
TRD-201101937
Steve Aragon
Chief Counsel
Texas Health and Human Services Commission
Filed: May 31, 2011
Hearing. The Texas Health and Human Services Commission will conduct a public hearing on June 29, 2011, at 8:30 a.m. to receive public comment on payment rate adjustments for the non-state operated Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR) program and the Home and Community-based Services (HCS) and Texas Home Living (TxHmL) waiver programs and the Supported Employment, Out-of-Home Respite in an ICF/MR, Consumer Directed Services Out-of-Home Respite in an ICF/MR and 24-Hour Residential Habilitation services in the Consolidated Waiver Program (CWP) and the Supported Employment and Employment Assistance services in the Deaf-Blind with Multiple Disabilities (DBMD) waiver program. These programs are operated by the Texas Department of Aging and Disability Services (DADS). The hearing will be held in compliance with Human Resources Code §32.0282, which requires a public hearing on proposed payment rates. The public hearing will be held in the John H. Winters Building Public Hearing Room, 701 West 51st Street, Austin, Texas. Persons requiring Americans with Disabilities Act (ADA) accommodation or auxiliary aids or services should contact Esther Brown by calling (512) 491-1445, at least 72 hours prior to the hearing so appropriate arrangements can be made.
Proposal. HHSC proposes to adjust rates for the programs and services listed above under "Hearing." The proposed payment rates will be effective September 1, 2011, and were determined in accordance with the rate-setting methodologies listed below under "Methodology and Justification."
Methodology and Justification. The proposed rates were determined in accordance with the rate-setting methodologies codified at Title 1 of the Texas Administrative Code (TAC), Chapter 355, Subchapter D, §355.456, Reimbursement Methodology, Subchapter E, §355.506, Reimbursement Methodology for Consolidated Waiver Program, and §355.513, Reimbursement Methodology for the Deaf-Blind with Multiple Disabilities Waiver Program, and Subchapter F, §355.723, Reimbursement Methodology for Home and Community-Based Services and Texas Home Living Programs. (Note that §355.723 will be proposed to be amended in the Texas Register for a September 1, 2011, effective date.) These rates were subsequently adjusted in accordance with 1 TAC Chapter 355, Subchapter A, §355.101, Introduction, and §355.109, Adjusting Reimbursement When New Legislation, Regulations or Economic Factors Affect Costs, and Subchapter B, §355.201, Establishment and Adjustment of Reimbursement Rates by the Health and Human Services Commission. These rate adjustments are being made as a result of the 2012-2013 General Appropriations Act (Article II, H.B. 1, 82nd Legislature, Regular Session, 2011).
Briefing Package. A briefing package describing the proposed payment rates will be available at http://www.hhsc.state.tx.us/rad/rate-packets.shtml on June 13, 2011. Interested parties may also obtain a copy of the briefing package prior to the hearing by contacting Esther Brown by telephone at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at esther.brown@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Esther Brown, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Esther Brown at (512) 491-1998; or by e-mail to esther.brown@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Esther Brown, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
TRD-201101938
Steve Aragon
Chief Counsel
Texas Health and Human Services Commission
Filed: May 31, 2011
Hearing. The Texas Health and Human Services Commission will conduct a public hearing on June 29, 2011, at 1:00 p.m. to receive public comment on payment rate adjustments for the Community Based Alternatives (CBA) waiver program. This program is operated by the Texas Department of Aging and Disability Services (DADS). The hearing will be held in compliance with Human Resources Code §32.0282, which requires a public hearing on proposed payment rates. The public hearing will be held in the John H. Winters Building Public Hearing Room, 701 West 51st Street, Austin, Texas. Persons requiring Americans with Disabilities Act (ADA) accommodation or auxiliary aids or services should contact Jamie Mollenhauer by calling (512) 491-1445, at least 72 hours prior to the hearing so appropriate arrangements can be made.
Proposal. HHSC proposes to adjust rates for the CBA waiver program. The proposed payment rates will be effective September 1, 2011, and were determined in accordance with the rate-setting methodologies listed below under "Methodology and Justification."
Methodology and Justification. The proposed rates were determined in accordance with the rate-setting methodology codified at Title 1 of the Texas Administrative Code (TAC), Chapter 355, §355.503, Reimbursement Methodology for the Community-Based Alternatives Waiver Program and the Integrated Care Management-Home and Community Support Services and Assisted Living/Residential Care Programs. (Note that §355.503 will be proposed to be amended in the Texas Register for a September 1, 2011 effective date.) These rates were subsequently adjusted in accordance with 1 TAC Chapter 355, Subchapter A, §355.101, Introduction, and §355.109, Adjusting Reimbursement When New Legislation, Regulations or Economic Factors Affect Costs, and Subchapter B, §355.201, Establishment and Adjustment of Reimbursement Rates by the Health and Human Services Commission. These rate adjustments are being made as a result of the 2012-2013 General Appropriations Act (Article II, H.B. 1, 82nd Legislature, Regular Session, 2011).
Briefing Package. A briefing package describing the proposed payment rates will be available at http://www.hhsc.state.tx.us/rad/rate-packets.shtml on June 13, 2011. Interested parties may also obtain a copy of the briefing package prior to the hearing by contacting Jamie Mollenhauer by telephone at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at jamie.mollenhauer@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Jamie Mollenhauer, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Jamie Mollenhauer at (512) 491-1998; or by e-mail to jamie.mollenhauer@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Jamie Mollenhauer, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
TRD-201101939
Steve Aragon
Chief Counsel
Texas Health and Human Services Commission
Filed: May 31, 2011
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on June 27, 2011, at 9:00 a.m., to receive comment on proposed Medicaid payments for Ambulance Services; Case Management for Children and Pregnant Women; Early and Periodic Screening, Diagnosis and Treatment Services, including Medical Checkups, Private Duty Nursing, and Therapies in a Comprehensive Outpatient Rehabilitation Facility/Outpatient Rehabilitation Facility; Personal Care Services; Family Planning Services; Home Health Services, including Professional Services and Durable Medical Equipment and Expendable Supplies; Mental Health Rehabilitation Services; Mental Health Targeted Case Management; Tuberculosis Clinics; and the Vendor Drug Dispensing Fee. The public hearing will be held in the HHSC, Winters Building, Public Hearing Room, 701 W. 51st Street, Austin, Texas.
The hearing will be held in compliance with the Texas Human Resources Code §32.0282; and 1 TAC §355.105 and §355.201, which require public notice of and hearings on proposed Medicaid reimbursements.
Proposal. The Medicaid payments for the services outlined above are proposed to be reduced in response to direction received in the 2012-2013 General Appropriations Act (Article II, House Bill 1, 82nd Legislature, Regular Session, 2011), effective September 1, 2011.
Methodology and Justification. The proposed reimbursements are calculated in accordance with the previously cited sections and the following sections, as applicable:
1 TAC §355.201, which addresses the establishment and adjustment of reimbursement rates by the HHSC;
1 TAC §355.8001, which addresses the reimbursement methodology for vision care services;
1 TAC §355.8021, which addresses the reimbursement methodology for home health professional services and durable medical equipment, prostheses, orthotics and supplies;
1 TAC §355.8087, which addresses the reimbursement methodology for in-home total parenteral hyperalimentation services;
1 TAC §355.8091, which addresses the reimbursement methodology for licensed professional counselors, licensed master social worker-advanced clinical practitioners, and licensed marriage and family therapists;
1 TAC §355.8141, which addresses the reimbursement methodology for hearing aid services;
1 TAC §355.8161, which addresses the reimbursement methodology for certified nurse midwives;
1 TAC §355.8221, which addresses the reimbursement methodology for certified registered nurse anesthetists;
1 TAC §355.8241, which addresses the reimbursement methodology for chemical dependency and treatment facilities;
1 TAC §355.8281, which addresses the reimbursement methodology for nurse practitioner or clinical nurse specialist;
1 TAC §355.8401, which addresses the reimbursement methodology for case management for children and pregnant women;
1 TAC §355.8441, which addresses the reimbursement methodology for durable medical equipment, prostheses, orthotics, and supplies in early and periodic screening, diagnosis, and treatment (EPSDT);
1 TAC §355.8441(4) and (12) which addresses the reimbursement methodology for private duty nursing and personal care services in EPSDT;
1 TAC §355.8461, which addresses the reimbursement methodology for the eyeglass program;
1 TAC §355.8551, which addresses the reimbursement methodology for pharmacy services dispensing fee; and
1 TAC §§355.8581 - 355.8584, which address the reimbursement methodology for case management for family planning services.
Briefing Package. A briefing package describing the proposed payments will be available at www.hhsc.state.tx.us/medicaid/programs/rad/ratepackets.html on or after June 13, 2011. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Rate Analysis by telephone at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at esther.brown@hhsc.state.tx.us. The briefing package also will be available at the public hearing.
Written Comments. Written comments regarding the proposed payments may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Rate Analysis, HHSC, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Rate Analysis at (512) 491-1998; or by e-mail to esther.brown@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to HHSC Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Rate Analysis at (512) 491-1445 at least 72 hours in advance, so appropriate arrangements can be made.
TRD-201101964
Steve Aragon
Chief Counsel
Texas Health and Human Services Commission
Filed: June 1, 2011
The Task Force for Children with Special Needs (Task Force) will hold a public hearing Tuesday, June 21, 2011, in Austin to hear testimony about its ongoing work.
The hearing will run from 9:00 a.m. - 11:00 a.m. in the Public Hearing Room of the Brown-Heatly Building, 4900 N. Lamar Blvd., Austin, Texas 78751.
The Task Force was established in 2009 by Senate Bill 1824, 81st Legislature, Regular Session, 2009. It includes state agency representatives, legislators and public members. The goal of the Task Force is to focus key decision-makers in creating a strategic plan to be implemented over a five-year period to improve coordination, quality and efficiency for the delivery of services for children with chronic illnesses, intellectual and/or developmental disabilities and/or mental illness. The Task Force's areas of focus includes health, mental health, education, juvenile justice, crisis prevention, transitioning youth, long-term care and early childhood intervention.
The Task Force will hear testimony on the proposed draft elements of the Strategic Plan.
To ensure that all interested parties are provided an opportunity to speak, time for verbal testimony may be limited depending on the number of witnesses present. Written testimony may also be submitted in addition to or in lieu of verbal testimony.
For those unable to attend the hearing, testimony may be emailed to opccy@hhsc.state.tx.us, or sent via U.S. mail to:
Task Force for Children with Special Needs
Texas Health and Human Services Commission
P.O. Box 13247
Mail Code: 1214
Austin, TX 78711
For additional information, contact:
Sherry Broberg, Office of Program Coordination for Children and Youth, Health and Human Services Commission, 1106 Clayton Lane, Austin, TX 78723; (512) 420-2856; Sherry.Broberg@hhsc.state.tx.us
This meeting is open to the general public. No reservations are required and there is no cost to attend this meeting.
People with disabilities, who need auxiliary aids or services for this meeting, are asked to contact Cassandra Marx at (512) 420-2857 or Cassandra.Marx@hhsc.state.tx.us at least 72 hours before the meeting.
TRD-201101957
Steve Aragon
Chief Counsel
Texas Health and Human Services Commission
Filed: June 1, 2011
I. Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health and Human Services Commission (HHSC) announces the release of its Request for Proposals for Consulting Services to Provide a 2nd Medical Checkup Completeness Study per Civil Action No. 3:93:CV65 (Frew et al., v. Suehs, et al.) RFP #529-12-0004. HHSC seeks to contract with one vendor to fulfill the requirements pursuant to this RFP.
II. In compliance with the Corrective Action Order: Checkups, entered September 5, 2007 in Frew, et al., v. Suehs, et al., Civil Action No. 3:93CV65, the Health and Human Services Commission (HHSC) seeks to procure the second court-ordered study of Medicaid Early and Periodic Screening and Diagnostic Treatment (EPSDT) medical checkup completeness.
The RFP is located in full on HHSC's Business Opportunities Page under link at http://www.hhsc.state.tx.us/about_hhsc/BusOpp/BO_home.shtml. HHSC also posted notice of the procurement on the Texas Marketplace on June 10, 2011.
III. The successful contractor(s) will be expected to complete one (1) court-ordered study in accordance with the directives of the Frew, et al., v. Suehs, et al., Civil Action No. 3:93CV65, Corrective Action Order: Checkups. HHSC is requesting procurement of vendor services to complete a final independent, unbiased, statistically valid, and timely study of Medicaid EPSDT medical checkup completeness no later than November 2012.
IV. Health and Human Services Commission's Sole Point-of-Contact for Procurement
Abel Martinez, C.T.P.M.
Purchaser
Health and Human Services Commission
Enterprise Contract and Procurement Services
4405 North Lamar, Bldg. 1
Mail Code: 2020
Austin, Texas 78756
(512) 206-5524
Abel.Martinez@hhsc.state.tx.us
V. All questions regarding the RFP must be sent in writing to the above-referenced contact by 1:00 p.m. Central Time on June 20, 2011. HHSC will post all written questions received with HHSC's responses on its website on July 8, 2011, or as they become available. All proposals must be received at the above-referenced address on or before 1:00 p.m. Central Time on July 22, 2011. Proposals received after this time and date will not be considered.
VI. HHSC will hold a Vendor Conference on June 17, 2011 from 9:30 a.m. to 12:00 p.m. Central Time in the Lone Star Conference Room at the HHSC located at 11209 Metric Boulevard, Building H, Austin, Texas 78758.
All proposals will be subject to evaluation based on the criteria and procedures set forth in the RFP. HHSC reserves the right to accept or reject any or all proposals submitted. HHSC is under no legal or other obligation to execute any contracts on the basis of this notice. HHSC will not pay for costs incurred by any entity in responding to this RFP.
TRD-201101956
Steve Aragon
Chief Counsel
Texas Health and Human Services Commission
Filed: June 1, 2011
The Texas Department of Housing and Community Affairs (the "Department") announces the opening of a 15-day public comment period for an amendment to the State of Texas Federal Fiscal Year (FFY) 2010 Action Plan as required by the U.S. Department of Housing and Urban Development (HUD). The Amendment is necessary as part of the overall requirements governing the State's consolidated planning process. The Amendment is submitted in compliance with 24 CFR §91.520, Consolidated Plan Submissions for Community Planning and Development Programs, as modified by the Federal Register Notice (Docket No.FR-5321-N-03). The 15-day public comment period begins June 14, 2011 and continues until 5:00 p.m. on June 29, 2011.
This amendment outlines the expected distribution and use of $7,284,978.00 through the Neighborhood Stabilization Program (NSP), which HUD is providing to the State of Texas. This allocation of funds is provided under §1497 of the Wall Street Reform and Consumer Protection Act of 2010 (Pub. L. 111-203, approved July 21, 2010) ("Dodd-Frank Act").
Beginning June 14, 2011, the Substantial Amendment will be available on the Department's website at www.tdhca.state.tx.us. A hard copy may be requested by contacting the Texas Neighborhood Stablization Program at P.O. Box 13941, Austin, Texas 78711-3941 or by calling (512) 463-2179.
Written comment should be sent by mail to Megan Sylvester, Texas Department of Housing and Community Affairs, Neighborhood Stablization Program, P.O. Box 13941, Austin, Texas 78711-3941, by email to megan.sylvester@tdhca.state.tx.us, or by fax to (512) 475-3746.
TRD-201101946
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: May 31, 2011
Third Party Administrator Applications
The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.
Application of PLANCONNECT, LLC, a foreign third party administrator. The home office is WILMINGTON, DELAWARE.
Application of LIBERTY DENTAL PLAN OF TEXAS, INC., a foreign third party administrator. The home office is CARSON CITY, NEVADA.
Application of MOUNTAIN STATES INSURANCE SERVICES, INC. (DOING BUSINESS AS MOUNTAIN STATES ADMINISTRATIVE SERVICES), a foreign third party administrator. The home office is TUCSON, ARIZONA.
Any objections must be filed within 20 days after this notice is published in the Texas Register, addressed to the attention of David Moskowitz, MC 305-2E, 333 Guadalupe, Austin, Texas 78701.
TRD-201101951
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: June 1, 2011
Instant Game Number 1331 "20X the Money"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1331 is "20X THE MONEY". The play style is "key number match with multipliers".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1331 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 1331.
A. Display Printing - That area of the instant game 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 ticket.
C. Play Symbol - The printed data under the latex on the front of the ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10X SYMBOL, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20X SYMBOL, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, $5.00, $10.00, $20.00, $25.00, $50.00, $100, $500, $1,000, and $50,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 1331 - 1.2D
E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.
F. Low-Tier Prize - A prize of $5.00, $10.00, or $20.00.
G. Mid-Tier Prize - A prize of $50.00, $100, $200 or $500.
H. High-Tier Prize - A prize of $1,000, $5,000 or $50,000.
I. Bar Code - A 24 (twenty-four) 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 ticket.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1331), 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: 1331-0000001-001.
K. Pack - A pack of "20X THE MONEY" Instant Game tickets 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.
L. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a 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.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "20X THE MONEY" Instant Game No. 1331 ticket.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule §401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "20X THE MONEY" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) play symbols. If the player matches any YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols, the player wins the PRIZE for that number. If the player reveals a "10X" symbol, the player WINS 10 TIMES the PRIZE for that symbol. If the player reveals a "20X" symbol, the player WINS 20 TIMES the PRIZE for that symbol! No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 45 (forty-five) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and 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 ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 45 (forty-five) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 45 (forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 45 (forty-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the 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 Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The 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 Instant Game 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 ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets in a pack will not have identical play data, spot for spot.
B. The "10X" (win x 10) and "20X" (win x 20) play symbols will only appear on intended winning tickets as dictated by the prize structure.
C. No four or more duplicate non-winning prize symbols on a ticket.
D. No duplicate WINNING NUMBERS play symbols on a ticket.
E. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
F. Non-winning prize symbols will never be the same as the winning prize symbol(s).
G. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e., 5 and $5).
H. The top prize symbol will appear on every ticket unless otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "20X THE MONEY" Instant Game prize of $5.00, $10.00, $20.00, $50.00, $100, $200 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning 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 ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $50.00, $100, $200 or $500 ticket. 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 2.3.C of these Game Procedures.
B. To claim a "20X THE MONEY" Instant Game prize of $1,000, $5,000 or $50,000, the claimant must sign the winning ticket and 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 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 "20X THE MONEY" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for 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 a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resource Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education 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 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 of less than $600 from the "20X THE MONEY" Instant 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 "20X THE MONEY" Instant 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 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant 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 ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the 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 ticket in the space designated. If more than one name appears on the back of the 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 Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 6,000,000 tickets in the Instant Game No. 1331. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1331 without advance notice, at which point no further tickets in that game may be sold. The determination of the closing date and reasons for closing the game will be made in accordance with the instant ticket game closing procedures and the Instant Game Rules. See 16 TAC §401.302(j).
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1331, 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-201101959
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 1, 2011
Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on May 27, 2011, to amend a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Cebridge Acquisition, L.P. d/b/a Suddenlink Communications for Amendment to a State-Issued Certificate of Franchise Authority, Project Number 39444.
The requested amendment is to expand the service area footprint to include the municipalities of Mineola and Conroe, Texas.
Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll free) 1-800-735-2989. All inquiries should reference Project Number 39444.
TRD-201101945
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 31, 2011
Notice is given to the public of an application for approval of the sale, transfer, merger, or affiliation of electric generation facilities filed with the Public Utility Commission of Texas on May 17, 2011, pursuant to the Public Utility Regulatory Act, Texas Utility Code Annotated, §§14.101, 39.154, and 39.158 (Vernon 2007 & Supplement 2010).
Docket Style and Number: Application of Exelon Corporation Pursuant to §39.158 of the Public Utility Regulatory Act, Docket Number 39412.
The Application: Exelon Corporation (Exelon) filed an application for approval of the proposed acquisition of Wolf Hollow I, LP (transaction). Exelon owns electric generation facilities located in the Electric Reliability Council of Texas (ERCOT) region. Wolf Hollow is an electric generating facility located near Granbury, Texas and is a power generation company in the ERCOT region. Exelon proposes to close the transaction on September 14, 2011, or as soon as possible following the acquisition of all required regulatory approvals.
The applicant is required to obtain commission approval before closing the transaction if the electricity to be offered for sale in the relevant power region will exceed one percent of the total electricity for sale in the relevant power region. Under §39.154, a power generation company may not own and control more than 20% of the installed generation capacity located in, or capable of delivering electricity to a power region. Exelon stated that, since the newly affiliated entities will own and control 3,740 MW of installed generation capacity within ERCOT, this will not exceed the 20% limitation in the region.
Persons who wish to intervene in or comment upon this application should notify the Public Utility Commission of Texas. A request to intervene or for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326. Further information may also be obtained by calling the Public Utility Commission at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. The deadline for intervention in the proceeding is June 24, 2011. All correspondence should refer to Docket Number 39412.
TRD-201101896
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 25, 2011
Notice is given to the public of an application for approval of the sale, transfer, merger, or affiliation of electric generation facilities filed with the Public Utility Commission of Texas on May 17, 2011, pursuant to the Public Utility Regulatory Act, Texas Utility Code Annotated, §§14.101, 39.154, and 39.158 (Vernon 2007 & Supplement 2010).
Docket Style and Number: Joint Application of Exelon Corporation and Constellation Energy Group, Inc. Pursuant to §39.158 of the Public Utility Regulatory Act, Docket Number 39413.
The Application: Exelon Corporation (Exelon) and Constellation Energy Group, Inc. (Constellation) (collectively, applicants) filed an application for approval of the proposed merger of Constellation with a subsidiary of Exelon, Bolt Acquisition Group (transaction). The applicants propose to close the transaction on January 5, 2012, or as soon as possible following the acquisition of all required regulatory approvals.
Through subsidiaries, Exelon owns 3,035 MW of generation facilities located in or capable of delivering electricity to the Electric Reliability Council of Texas (ERCOT). Through subsidiaries, Constellation owns 991 MW of generation facilities located in or capable of delivering electricity to ERCOT. Following the transaction, the combined entity's 4,026 MW of installed generation capacity located in, or capable of delivering electricity to, ERCOT will be 4.75% of the total installed generation capacity located in, or capable of delivering electricity to, ERCOT. Exelon owns 2,819 MW of generation facilities located in or capable of delivering electricity to the Southwest Power Pool (SPP) power region in Texas. Constellation owns 905 MW of generation facilities located in or capable of delivering electricity to the SPP. Following the transaction, the combined entity's 3,725 MW of installed generation capacity located in, or capable of delivering electricity to, SPP, will be 6.97% of the total installed generation capacity located in, or capable of delivering electricity to SPP.
The applicants are required to obtain commission approval before closing the transaction if the electricity to be offered for sale in the relevant power region will exceed one percent of the total electricity for sale in the relevant power region. Under §39.154, a power generation company may not own and control more than 20% of the installed generation capacity located in, or capable of delivering electricity to a power region. The applicants have stated that, since the combined entity will own and control 4,026 MW of installed generation capacity within ERCOT and 3,725 MW of installed generation capacity in SPP, this will not exceed the 20% limitation in either power region.
Persons who wish to intervene in or comment upon this application should notify the Public Utility Commission of Texas. A request to intervene or for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326. Further information may also be obtained by calling the Public Utility Commission at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. The deadline for intervention in the proceeding is June 24, 2011. All correspondence should refer to Docket Number 39413.
TRD-201101897
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 25, 2011
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 25, 2011, for an amendment to certificated service area for a service area exception within Sherman County, Texas.
Docket Style and Number: Application of Southwestern Public Service Company to Amend a Certificate of Convenience and Necessity for Electric Service Area Exception within Sherman County. Docket Number 39442.
The Application: Southwestern Public Service Company (SPS) filed an application for a service area boundary exception to allow SPS to provide service to a specific customer located within the certificated service area of Rita Blanca Electric Cooperative, Inc. (RBEC). RBEC has provided a letter of concurrence for the proposed change.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than June 20, 2011 by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 39442.
TRD-201101944
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 31, 2011
Request for Comments on Proposed Railroad Commission Oil and Gas Form Changes
The Railroad Commission of Texas requests comments on certain Oil and Gas Division forms as part of the proposed amendments to 16 TAC §3.80, relating to Commission Oil and Gas Forms, Applications, and Filing Requirements, published in this issue of the Texas Register. The proposed amendments to §3.80 are found only in the Table and refer to revisions to Form H-10, Annual Disposal/Injection Well Monitoring Report; Form P-3, Authority to Transport Recovered Load or Frac Oil; and Form P-5, Organization Report; new Form PSA-12, Production Sharing Agreement Code Sheet; Form P-5A, Organization Report Non-Employee Agent Listing; Form P-5O, Organization Report Officer Listing; Form W-3C, Certification of Surface Equipment Removal for an Inactive Well; and Form W-3X, Application for an Extension of Deadline for Plugging an Inactive Well; and the deletion of Form OW-1, Application for Authority to Conduct a Surface Inspection of Orphaned Oil or Gas Well; Form OW-2, Application for Certificate of Designation as the Operator of Orphaned Oil or Gas Well; Form P-5IWB, Individual Well Bond; Form P-5IWLC, Individual Well Irrevocable Documentary Letter of Credit; and Form P-5S, P-5 Supplemental Officer Listing. The Commission is requesting comments on both the proposed amendments to §3.80 and these proposed form changes and new forms.
Figure: Form H-10 (.pdf)
Figure: Form P-3 (.pdf)
Figure: Form P-5 (.pdf)
Figure: Form PSA-12 (.pdf)
Figure: Form P-5A (.pdf)
Figure: Form P-50 (.pdf)
Figure: Form W-3C (.pdf)
Figure: Form W-3X (.pdf)
Comments on the proposed amendments to §3.80 or these proposed forms included in this notice may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.php; or by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will accept comments until noon on Monday, July 11, 2011, which is 31 days after publication in the Texas Register, and encourages all interested persons to submit comments on the forms no later than this deadline. The Commission cannot guarantee that comments submitted after the deadline will be considered. For further information, call Ms. Leslie Savage at (512) 463-7308. The status of Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.php.
Issued in Austin, Texas, on May 24, 2011.
TRD-201101913
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Filed: May 26, 2011
During the recently concluded legislative session, the Texas Department of Transportation ("department") was authorized under Senate Bill 1420 (which is awaiting signature by the Governor as of June 1, 2011) to develop certain projects through comprehensive development agreements ("CDAs"), including among others, the State Highway 99 (Grand Parkway) project in the Houston area and the SH 183 Managed Lanes and IH 35E Managed Lanes projects in the Dallas/Fort Worth area. Subject to Senate Bill 1420 being signed by the Governor or otherwise going into effect, the department intends to work with stakeholders and the public and private sector to deliver these projects to meet urgent transportation needs in the State of Texas.
The department is seeking information in response to requests for information ("RFIs") to assist in developing a strategy for the development of the Grand Parkway, IH 35E Managed Lanes and SH 183 Managed Lanes projects, and the implementation of the procurement process for those projects. Responses are sought from individual firms or teams with experience in developing and/or financing large transportation infrastructure projects that may be interested in designing, building, financing, operating and/or maintaining one or more of these projects. The department will issue the RFIs, analyze all responses, and hold one-on-one meetings with companies expected to lead prospective developer teams. Three separate RFIs will be issued, one for each of the identified projects, and separate one-on-one meetings will be held for each of those projects.
The RFIs are issued solely to obtain information to assist the department on an administrative level. The RFIs do not constitute Requests for Qualifications ("RFQs"), Requests for Proposals ("RFPs") or other solicitation documents nor do the RFIs represent a commitment to issue RFQs or RFPs for the identified projects in the future. The RFIs do not commit the department to contract for any supply or service whatsoever. The department will not pay for any information or administrative cost incurred in response to the RFIs.
Release of RFIs and Due Dates. The department currently anticipates that RFIs for each of the projects will be available on June 10, 2011. Copies of each RFI will be available at the department's offices located at 7745 Chevy Chase Drive, Bldg. 5, Austin, Texas 78752, or on the following website:
http://www.txdot.gov/business/partnerships/rfi.htm
Responses to each RFI will be due at the address specified therein on the following dates:
SH 99 (Grand Parkway) Project July 6, 2011
SH 183 Managed Lanes Project July 13, 2011
IH 35E Managed Lanes Project July 20, 2011
The department anticipates holding the one-on-one meetings on the following dates:
SH 99 (Grand Parkway) Project July 12-13, 2011;
SH 183 Managed Lanes Project July 19-20, 2011; and
IH 35E Managed Lanes Project July 26-27, 2011.
Further details regarding the projects, the meetings and the requests for information can be found on the following website:
http://www.txdot.gov/business/partnerships/rfi.htm
TRD-201101960
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: June 1, 2011
Request for Quotation/Request for Proposal
The Upper Rio Grande Workforce Development Board dba/Workforce Solutions Upper Rio Grande announces the issuance of PY11_RFQ_RFP-200-128: INTERIM WORKFORCE SYSTEM CONTRACTOR of Workforce Solutions Upper Rio Grande Career Centers in El Paso County.
The authorized Workforce Board contact person for this procurement is Guillermo Morales II, Regulatory Administrator, Upper Rio Grande Workforce Development Board, 221 N. Kansas St., Suite 1000, El Paso, Texas 79901, Telephone: (915) 772-2002, Ext. 239, Fax: (915) 351-2790 or via email at guillermo.morales@urgjobs.org.
The Procurement and Contracts Management staff (or Workforce Board representative) must physically receive responses to this RFQ/RFP no later than 5:00 p.m. June 16, 2011 Mountain Standard Time (MST). Any reasonable delivery method may be used. Use of a traceable delivery method, such as certified mail-return receipt requested, guaranteed express service, or hand delivery is recommended. Submissions postmarked prior to the due date of June 16, 2011 but received after the due date of June 16, 2011 will not be considered.
Request for Quotation/Request for Proposal packets will be available beginning on May 25, 2011 at the above address. Packets may be picked up in person or requested in writing. The RFQ will also be available on the Workforce Board website at www.urgjobs.org under the Procurements section.
TRD-201101941
Joseph Sapien
Communications Specialist
Upper Rio Grande Workforce Development Board
Filed: May 31, 2011