texas register february 9, 2018 issue - secretary of state · trd-201800397 cristina de la...

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Office of Consumer Credit Commissioner Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the fol- lowing rate ceilings by use of the formulas and methods described in §303.003 and §303.009, Texas Finance Code. The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 02/05/18 - 02/11/18 is 18% for Con- sumer 1 /Agricultural/Commercial 2 credit through $250,000. The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 02/05/18 - 02/11/18 is 18% for Commercial over $250,000. 1 Credit for personal, family or household use. 2 Credit for business, commercial, investment or other similar purpose. TRD-201800381 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: January 30, 2018 Texas Education Agency Notice of Correction: Request for Applications Concerning the 2018-2019 Services to Students with Autism Grant Program Filing Authority. The availability of grant funds under Request for Ap- plications (RFA) #701-18-107 is authorized by Texas Education Code, §29.026, as added by House Bill 21, Section 3, 85th Texas Legislature, Regular Session, 2017. The Texas Education Agency (TEA) published Request for Applica- tions Concerning the 2018-2019 Services to Students with Autism Grant Program in the January 26, 2018, issue of the Texas Register (43 TexReg 478). TEA is amending the TEA contact and the last date that questions must be submitted in writing. The new TEA contact email is amy.kil- [email protected]. The new date that questions must be submitted is February 15, 2018. TRD-201800397 Cristina De La Fuente-Valadez Director, Rulemaking Texas Education Agency Filed: January 31, 2018 Notice of Correction: Request for Applications Concerning the 2018-2019 Services to Students with Dyslexia Grant Program Filing Authority. The availability of grant funds under Request for Ap- plications (RFA) #701-18-108 is authorized by Texas Education Code, §29.027, as added by House Bill 21, Section 3, 85th Texas Legislature, Regular Session, 2017. The Texas Education Agency (TEA) published Request for Applica- tions Concerning the 2018-2019 Services to Students with Dyslexia Grant Program in the January 26, 2018, issue of the Texas Register (43 TexReg 478). TEA is amending the TEA contact and the last date that ques- tions must be submitted in writing. The new TEA contact email is [email protected]. The new date that questions must be submitted is February 15, 2018. TRD-201800398 Cristina De La Fuente-Valadez Director, Rulemaking Texas Education Agency Filed: January 31, 2018 Public Notice: Extension of Public Comment Period on Proposed Amendment to 19 TAC Chapter 129, Student Attendance, Subchapter AA, Commissioner's Rules, §129.1025, Adoption by Reference: Student Attendance Accounting Handbook The Texas Education Agency (TEA) published proposed amendment to 19 TAC Chapter 129, Student Attendance, Subchapter AA, Com- missioner's Rules, §129.1025, Adoption by Reference: Student Atten- dance Accounting Handbook, in the December 29, 2017, issue of the Texas Register (42 TexReg 7510). The TEA is extending the end date of the public comment period on the proposed amendment to 19 TAC §129.1025 from January 29, 2018, to February 12, 2018. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. Comments may also be submitted electronically to [email protected]. Further Information. For clarifying information about this notice, con- tact Rulemaking, TEA, (512) 475-1497. Issued in Austin, Texas, on January 29, 2018. TRD-201800375 Cristina De La Fuente-Valadez Director, Rulemaking Texas Education Agency Filed: January 29, 2018 Texas Commission on Environmental Quality Agreed Orders The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public com- ment on the listed Agreed Orders (AOs) in accordance with Texas Wa- ter Code (TWC), §7.075. TWC, §7.075 requires that before the com- mission may approve the AOs, the commission shall allow the pub- lic an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the proposed orders and the oppor- IN ADDITION February 9, 2018 43 TexReg 791

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Office of Consumer Credit Commissioner Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the fol-lowing rate ceilings by use of the formulas and methods described in sect303003 and sect303009 Texas Finance Code

The weekly ceiling as prescribed by sect303003 and sect303009 for the period of 020518 - 021118 is 18 for Con-sumer1AgriculturalCommercial2 credit through $250000

The weekly ceiling as prescribed by sect303003 and sect303009 for the period of 020518 - 021118 is 18 for Commercial over $250000 1 Credit for personal family or household use 2 Credit for business commercial investment or other similar purpose TRD-201800381 Leslie L Pettijohn Commissioner Office of Consumer Credit Commissioner Filed January 30 2018

diams diams diams Texas Education Agency Notice of Correction Request for Applications Concerning the 2018-2019 Services to Students with Autism Grant Program

Filing Authority The availability of grant funds under Request for Ap-plications (RFA) 701-18-107 is authorized by Texas Education Code sect29026 as added by House Bill 21 Section 3 85th Texas Legislature Regular Session 2017

The Texas Education Agency (TEA) published Request for Applica-tions Concerning the 2018-2019 Services to Students with Autism Grant Program in the January 26 2018 issue of the Texas Register (43 TexReg 478)

TEA is amending the TEA contact and the last date that questions must be submitted in writing The new TEA contact email is amykil-patrickteatexasgov The new date that questions must be submitted is February 15 2018 TRD-201800397 Cristina De La Fuente-Valadez Director Rulemaking Texas Education Agency Filed January 31 2018

diams diams diams Notice of Correction Request for Applications Concerning the 2018-2019 Services to Students with Dyslexia Grant Program

Filing Authority The availability of grant funds under Request for Ap-plications (RFA) 701-18-108 is authorized by Texas Education Code sect29027 as added by House Bill 21 Section 3 85th Texas Legislature Regular Session 2017

The Texas Education Agency (TEA) published Request for Applica-tions Concerning the 2018-2019 Services to Students with Dyslexia Grant Program in the January 26 2018 issue of the Texas Register (43 TexReg 478)

TEA is amending the TEA contact and the last date that ques-tions must be submitted in writing The new TEA contact email is karinmillerteatexasgov The new date that questions must be submitted is February 15 2018 TRD-201800398 Cristina De La Fuente-Valadez Director Rulemaking Texas Education Agency Filed January 31 2018

diams diams diams Public Notice Extension of Public Comment Period on Proposed Amendment to 19 TAC Chapter 129 Student Attendance Subchapter AA Commissioners Rules sect1291025 Adoption by Reference Student Attendance Accounting Handbook

The Texas Education Agency (TEA) published proposed amendment to 19 TAC Chapter 129 Student Attendance Subchapter AA Com-missioners Rules sect1291025 Adoption by Reference Student Atten-dance Accounting Handbook in the December 29 2017 issue of the Texas Register (42 TexReg 7510)

The TEA is extending the end date of the public comment period on the proposed amendment to 19 TAC sect1291025 from January 29 2018 to February 12 2018 Comments on the proposal may be submitted to Cristina De La Fuente-Valadez Rulemaking Texas Education Agency 1701 North Congress Avenue Austin Texas 78701 Comments may also be submitted electronically to rulesteatexasgov

Further Information For clarifying information about this notice con-tact Rulemaking TEA (512) 475-1497

Issued in Austin Texas on January 29 2018 TRD-201800375 Cristina De La Fuente-Valadez Director Rulemaking Texas Education Agency Filed January 29 2018

diams diams diams Texas Commission on Environmental Quality Agreed Orders The Texas Commission on Environmental Quality (TCEQ agency or commission) staff is providing an opportunity for written public com-ment on the listed Agreed Orders (AOs) in accordance with Texas Wa-ter Code (TWC) sect7075 TWC sect7075 requires that before the com-mission may approve the AOs the commission shall allow the pub-lic an opportunity to submit written comments on the proposed AOs TWC sect7075 requires that notice of the proposed orders and the oppor-

IN ADDITION February 9 2018 43 TexReg 791

tunity 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 March 13 2018 TWC sect7075 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 require-ments of the statutes and rules within the commissions jurisdiction or the commissions orders and permits issued in accordance with the commissions regulatory authority Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments

A copy of each proposed AO is available for public inspection at both the commissions central office located at 12100 Park 35 Circle Build-ing C 1st Floor Austin Texas 78753 (512) 239-2545 and at the appli-cable regional office listed as follows Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commissions central office at PO Box 13087 Austin Texas 78711-3087 and must be received by 500 pm on March 13 2018 Written comments may also be sent by facsimile machine to the en-forcement coordinator at (512) 239-2550 The commissions enforce-ment coordinators are available to discuss the AOs andor the comment procedure at the listed phone numbers however TWC sect7075 pro-vides that comments on the AOs shall be submitted to the commission in writing

(1) COMPANY 4 Way Bar and Grill LLC DOCKET NUMBER 2017-1333-PWS-E IDENTIFIER RN107100901 LOCATION Lakehills Bandera County TYPE OF FACILITY public water sup-ply RULES VIOLATED 30 TAC sect29046(v) by failing to ensure that the electrical wiring is securely installed in compliance with a local or national electrical code 30 TAC sect29041(c)(3)(M) by failing to pro-vide a suitable sampling tap on the discharge pipe of the facilitys well pump prior to any treatment 30 TAC sect29045(d)(2)(B)(v) and Texas Health and Safety Code sect3410315(c) by failing to provide a min-imum pressure tank capacity of 220 gallons 30 TAC sect29046(s)(1) by failing to calibrate the facilitys well meter at least once every three years 30 TAC sect29046(n)(1) by failing to maintain accurate and up-to-date detailed as-built plans or record drawings for each treatment plant pump station and storage tanks at the public water system until the facility is decommissioned 30 TAC sect29046(m)(4) by failing to maintain all water treatment units storage and pressure maintenance facilities distribution system lines and related appur-tances in a watertight condition and free of excessive solids 30 TAC sect29043(e) by failing to install all potable water storage tanks and pressure maintenance facilities in a lockable building or enclosed by an intruder-resistant fence with lockable gates and 30 TAC sect29046(m) by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the systems facilities and equipment PENALTY $730 ENFORCEMENT CO-ORDINATOR Jason Fraley (512) 239-2552 REGIONAL OFFICE 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096

(2) COMPANY Allen Watts dba Lago Vista Water System DOCKET NUMBER 2017-1331-PWS-E IDENTIFIER RN102676350 LO-CATION Luling Guadalupe County TYPE OF FACILITY public water supply RULES VIOLATED 30 TAC sect29046(d)(2)(A) and sect290110(b)(4) and Texas Health and Safety Code sect3410315(c) by failing to maintain a disinfectant residual of at least 02 milligrams per liter of free chlorine throughout the distribution system at all times and 30 TAC sect29039(m) by failing to provide written notifi-cation of the reactivation of an existing public water supply system PENALTY $313 ENFORCEMENT COORDINATOR Steven Hall (512) 239-2569 REGIONAL OFFICE 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096

(3) COMPANY Ann Robinson dba Beachview Acres Water Asso-ciation DOCKET NUMBER 2017-0158-PWS-E IDENTIFIER RN101437135 LOCATION Hillsboro Hill County TYPE OF FACILITY public water supply RULES VIOLATED 30 TAC sect29041(c)(1)(F) by failing to obtain a sanitary control easement 30 TAC sect29046(f)(2) (3)(B)(iv) and (D)(ii) by failing to maintain water works operation and maintenance records and make them available for review by commission personnel 30 TAC sect29046(e)(4)(A) and Texas Health and Safety Code (THSC) sect341033(a) by failing to operate the facility under the direct supervision of an operator who holds a Class D or higher license 30 TAC sect29046(m)(4) by failing to maintain all treatment units storage and pressure maintenance facilities distribution system lines and related appurtenances in a watertight condition 30 TAC sect29046(d)(2)(A) and sect290110(b)(4) and THSC sect3410315(c) by failing to maintain a disinfectant residual of at least 02 milligrams per liter of free chlorine throughout the distribution system at all times 30 TAC sectsect29046(f)(4) 290106(c) and (e) and 290122(c)(2)(A) and (f) by failing to collect an asbestos sample have the sample analyzed and report the results to the ex-ecutive director (ED) and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect the asbestos sample 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples 30 TAC sect290117(c)(2)(C) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap and 30 TAC sect290122(c)(2)(A) and (f) by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit the Disinfectant Level Quar-terly Operating Report and regarding the failure to collect the nitrate sample PENALTY $1855 ENFORCEMENT COORDINATOR Ryan Byer (512) 239-2537 REGIONAL OFFICE 6801 Sanger Avenue Suite 2500 Waco Texas 76710-7826 (254) 751-0335

(4) COMPANY BARI GROUP INCORPORATED dba Mini Mart DOCKET NUMBER 2017-1190-PST-E IDENTIFIER RN101432847 LOCATION Palestine Anderson County TYPE OF FACILITY convenience store with retail sales of gasoline RULES VIOLATED 30 TAC sect37815(a) and (b) by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks (USTs) 30 TAC sect33449(c)(2)(C) and (4) and TWC sect263475(d) by failing to inspect the impressed current cathodic protection system at least once every 60 days to ensure that the rectifier and system components are operating properly and failing to test the corrosion protection system for operability and adequacy of protection at a frequency of at least once every three years 30 TAC sect33448(c) and sect33450(b)(1)(A) and TWC sect263475(c)(1) by failing to conduct effective manual or automatic inventory control procedures for all USTs involved in the retail sale of petroleum substances used as motor fuel and failing to monitor the USTs for releases at a frequency of at least once every month and 30 TAC sect334602(a) and (4) by failing to designate train and certify at least one Class C operator for the facility and failing to ensure that at least one certified oper-ator is present at the facility during hours of operation PENALTY $12194 ENFORCEMENT COORDINATOR Jonathan Nguyen (512) 239-1661 REGIONAL OFFICE 2916 Teague Drive Tyler Texas 75701-3734 (903) 535-5100

43 TexReg 792 February 9 2018 Texas Register

(5) COMPANY BASF Corporation DOCKET NUMBER 2017-1100-AIR-E IDENTIFIER RN100218049 LOCATION Freeport Brazoria County TYPE OF FACILITY chemical man-ufacturing plant RULES VIOLATED 30 TAC sectsect10120(3) 116115(b)(2)(F) and (c) and 122143(4) Texas Health and Safety Code (THSC) sect382085(b) Federal Operating Permit (FOP) Number O1927 General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 15 and New Source Review Permit Num-bers 9513A and PSDTX641M1 Special Conditions Number 1 by failing to prevent unauthorized emissions 30 TAC sect101201(a)(1)(B) and sect122143(4) FOP Number O1927 STC Number 2F and THSC sect382085(b) by failing to submit the initial notification for a reportable emissions event no later than 24 hours after discovery of an emissions event and 30 TAC sect122143(4) and sect122146(2) THSC sect382085(b) and FOP Number O1536 GTC by failing to submit a permit compli-ance certification no later than 30 days after the end of the certification period PENALTY $142063 Supplemental Environmental Project offset amount of $71031 ENFORCEMENT COORDINATOR Shelby Orme (512) 239-4575 REGIONAL OFFICE 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(6) COMPANY City of Beaumont DOCKET NUMBER 2017-0406-PWS-E IDENTIFIER RN101253094 LOCATION Beaumont Jef-ferson County TYPE OF FACILITY public water supply RULES VIOLATED 30 TAC sect29046(d)(2)(B) and sect290110(b)(4) and Texas Health and Safety Code sect3410315(c) by failing to maintain a dis-infectant residual of at least 05 milligrams per liter of chloramine throughout the distribution system at all times 30 TAC sect29046(q)(1) by failing to issue a boil water notification to customers of the facil-ity within 24 hours of a low disinfectant residual using the prescribed notification format as specified in 30 TAC sect29047(c) and 30 TAC sect29046(m)(4) by failing to maintain all water treatment units stor-age and pressure maintenance facilities distribution system lines and related appurtenances in a watertight condition PENALTY $12893 Supplemental Environmental Project offset amount of $12893 EN-FORCEMENT COORDINATOR Steven Hall (512) 239-2569 RE-GIONAL OFFICE 3870 Eastex Freeway Beaumont Texas 77703-1830 (409) 898-3838

(7) COMPANY City of DeSoto DOCKET NUMBER 2017-1500-PWS-E IDENTIFIER RN101419141 LOCATION Desoto Dallas County TYPE OF FACILITY public water supply RULES VIO-LATED 30 TAC sect29046(d)(2)(B) and sect290110(b)(4) and Texas Health and Safety Code sect3410315(c) by failing to operate the disinfection equipment to maintain a minimum disinfectant residual of 05 milligrams per liter chloramine throughout the distribution system at all times PENALTY $120 ENFORCEMENT COORDINATOR Sarah Kim (512) 239-4728 REGIONAL OFFICE 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(8) COMPANY City of Edmonson DOCKET NUMBER 2017-1297-PWS-E IDENTIFIER RN101205375 LOCATION Edmonson Hale County TYPE OF FACILITY public water supply RULES VIO-LATED 30 TAC sect290117(c)(2)(A) (h) and (i)(1) by failing to collect lead and copper tap samples at the required ten sample sites have the samples analyzed and report the results to the executive director (ED) 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples 30 TAC sect290117(c)(2)(C) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap sam-ples at the required five sample sites have the samples analyzed and re-port the results to the ED and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure

to collect lead and copper tap samples and 30 TAC sect290122(c)(2)(A) and (f) by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit the Dis-infectant Level Quarterly Operating Report and regarding the failure to conduct routine coliform sampling PENALTY $845 ENFORCE-MENT COORDINATOR Jason Fraley (512) 239-2552 REGIONAL OFFICE 5012 50th Street Suite 100 Lubbock Texas 79414-3426 (806) 796-7092

(9) COMPANY City of Garland Power and Light DOCKET NUM-BER 2017-1358-AIR-E IDENTIFIER RN100214766 LOCATION Denton Denton County TYPE OF FACILITY power plant RULES VIOLATED 30 TAC sect122143(4) and sect122145(2)(C) Texas Health and Safety Code (THSC) sect382085(b) and Federal Operating Per-mit (FOP) Number O84 General Terms and Conditions (GTC) by failing to submit deviation reports within 30 days after the end of the reporting periods 30 TAC sect122143(4) and sect122145(2)(C) THSC sect382085(b) and FOP Number O84 GTC by failing to report all instances of deviations and 30 TAC sect1171345(d) and sect122143(4) THSC sect382085(b) and FOP Number O84 Special Terms and Con-ditions Number 1A by failing to submit semiannual reports within 30 days after the end of each calendar semiannual period PENALTY $21450 ENFORCEMENT COORDINATOR David Carney (512) 239-2583 REGIONAL OFFICE 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(10) COMPANY City of Richardson DOCKET NUMBER 2017-1492-WQ-E IDENTIFIER RN101391480 LOCATION Richardson Dallas County TYPE OF FACILITY sanitary sewer collection sys-tem RULE VIOLATED TWC sect26121(a)(1) by failing to prevent the unauthorized discharge of municipal waste into or adjacent to any water in the state PENALTY $5625 Supplemental Environmental Project offset amount of $5625 ENFORCEMENT COORDINATOR Caleb Olson (512) 239-2541 REGIONAL OFFICE 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(11) COMPANY DUBLIN STOP GROUP INCORPORATED dba Dublin Stop DOCKET NUMBER 2017-1440-PST-E IDENTI-FIER RN102019536 LOCATION Dublin Erath County TYPE OF FACILITY convenience store with retail sales of gasoline RULES VIOLATED 30 TAC sect33472 by failing to report a suspected release to the agency within 24 hours of discovery and 30 TAC sect33474 by failing to investigate a suspected release of a regulated substance within 30 days of discovery PENALTY $16352 ENFORCEMENT COORDINATOR Danielle Porras (719) 767-3682 REGIONAL OFFICE 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(12) COMPANY Harris County Fresh Water Supply District 1-A DOCKET NUMBER 2017-1110-PWS-E IDENTIFIER RN104424320 LOCATION Baytown Harris County TYPE OF FACILITY public water supply RULES VIOLATED 30 TAC sect290117(i)(6) and (j) by failing to provide a consumer notification of lead tap water monitoring results to persons served at the sites that were tested and failing to mail a copy of the consumer notification of tap results to the executive director (ED) along with certification that the consumer notification has been distributed for the

January 1 2016 - December 31 2016 monitoring period and 30 TAC sect290122(c)(2)(A) and (f) by failing to provide public notification and submit a copy of the public notification to the ED regarding the fail-ure to conduct repeat coliform monitoring during the month of July 2013 and regarding the failure to conduct increased coliform monitor-ing during the month July 2014 PENALTY $157 ENFORCEMENT COORDINATOR Ross Luedtke (512) 239-3157 REGIONAL OF-FICE 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

IN ADDITION February 9 2018 43 TexReg 793

(13) COMPANY Industrial Asphalt LLC DOCKET NUMBER 2017-1421-AIR-E IDENTIFIER RN108082330 LOCATION Schertz Comal County TYPE OF FACILITY hot mix asphalt plant RULES VIOLATED 30 TAC sect116115(c) Texas Health and Safety Code sect382085(b) Standard Permit Registration Number 130426 and Air Quality Standard Permit for Hot Mix Asphalt Plants General Requirements (1)(H) by failing to prevent visible fugitive emissions from leaving the property for a period exceeding 30 seconds in any six-minute period PENALTY $2625 ENFORCEMENT COORDI-NATOR Shelby Orme (512) 239-1001 REGIONAL OFFICE 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096

(14) COMPANY Intergulf Corporation DOCKET NUMBER 2017-1013-AIR-E IDENTIFIER RN105127476 LOCATION La Porte Harris County TYPE OF FACILITY petrochemical plant RULES VIOLATED 30 TAC sect116115(c) New Source Review (NSR) Per-mit Number 85092 Special Conditions (SC) Number 16A and Texas Health and Safety Code (THSC) sect382085(b) by failing to comply with permitted sampling requirements 30 TAC sect116115(c) NSR Per-mit Number 85092 SC Number 16A and THSC sect382085(b) by failing to submit a permit application no later than 30 days after de-tecting volatile organic compounds from the final canister 30 TAC sect116115(c) NSR Permit Number 85092 SC Number 16B(1) and THSC sect382085(b) by failing to calibrate the flame ionization detec-tor immediately prior to performing sampling of the Carbon Adsorpo-tion System (CAS) 30 TAC sect116115(c) NSR Permit Number 85092 SC Number 16D and THSC sect382085(b) by failing to maintain adequate records for sampling of the CAS and 30 TAC sect116115(c) and sect1172035(e)(9) NSR Permit Number 85092 SC Number 23 and THSC sect382085(b) by failing to submit a stack test report within 60 days after the test was complete PENALTY $46147 Supplemental Environmental Project offset amount of $18450 ENFORCEMENT COORDINATOR David Carney (512) 239-2583 REGIONAL OF-FICE 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(15) COMPANY JC ALL SEASONS MARKET INCORPO-RATED DOCKET NUMBER 2017-1282-PST-E IDENTIFIER RN101435055 LOCATION Houston Harris County TYPE OF FACILITY a convenience store with retail sales of gasoline RULES VIOLATED 30 TAC sect33450(b)(2) and TWC sect263475(a) by failing to provide release detection for the pressurized piping associated with the underground storage tank system and 30 TAC sect115225 Texas Health and Safety Code sect382085(b) and 40 Code of Federal Regulations sect6311120(a) by failing to conduct the annual testing of the Stage I equipment PENALTY $3603 ENFORCEMENT COORDINATOR Epifanio Villarreal (361) 825-3421 REGIONAL OFFICE 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(16) COMPANY Luis Enrique Estrada DOCKET NUMBER 2017-1119-MSW-E IDENTIFIER RN109302489 LOCATION Belton Bell County TYPE OF FACILITY unauthorized municipal solid waste (MSW) site RULES VIOLATED 30 TAC sect33015(a) and (c) by failing to cause suffer allow or permit the unauthorized disposal of MSW PENALTY $1312 ENFORCEMENT COORDI-NATOR John Paul Fennell (512) 239-2616 REGIONAL OFFICE 6801 Sanger Avenue Suite 2500 Waco Texas 76710-7826 (254) 751-0335

(17) COMPANY Medina Childrens Home DOCKET NUMBER 2017-1262-PST-E IDENTIFIER RN101252146 LOCATION Medina Bandera County TYPE OF FACILITY fleet refueling facility RULES VIOLATED 30TAC sect33450(b)(1)(A) and TWC sect263475(c)(1) by failing to monitor the underground storage tank for releases at a frequency of at least once every month PENALTY

$3263 ENFORCEMENT COORDINATOR John Paul Fennell (512) 239-2616 REGIONAL OFFICE 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096

(18) COMPANY Pasadena Refining System Incorporated DOCKET NUMBER 2014-0228-MLM-E IDENTIFIER RN100716661 LO-CATION Pasadena Harris County TYPE OF FACILITY petroleum refinery RULES VIOLATED 30 TAC sect115729(b) and Texas Health and Safety Code (THSC) sect382085(b) by failing to demonstrate initial compliance with the vent gas control requirements by no later than 60 days after being brought into Highly Reactive Volatile Organic Compound (HRVOC) service for the SZORB Heater Emissions Point Number (EPN) HTLSG001 the Crude Heater 4 (EPN HTCRU004) the Atmospheric and Vacuum Tower Heaters (EPN HTCRU001-S) and Hydrotreater RH1 and RH2 Heaters (EPNs HTREF001 and HTREF002) 30 TAC sect115726(a)(2) and THSC sect382085(b) by failing to submit written notification to the Houston Regional Office at least 45 days prior to conducting vent gas stream testing 30 TAC sect122132(e)(2)(A) and sect122210(a) and THSC sect382085(b) by failing to submit an application for a revision to Federal Operating Permit (FOP) Number O1544 to add the applicable requirements for each emissions unit 30 TAC sect116115(c) and sect122143(4) THSC sect382085(b) FOP Number O1544 Special Terms and Conditions (STC) Numbers 1A 17 and 22A(i)2 and New Source Review (NSR) Permit Numbers 20246 22039 and 56389 Special Conditions (SC) Number 1 by failing to comply with the permitted emissions rate 30 TAC sect116115(c) and sect122143(4) FOP Number O1544 STC Number 17 NSR Permit Number 56389 SC Number 29C and THSC sect382085(b) by failing to demonstrate initial compliance for nitrogen oxides (NO

x) carbon monoxide (CO) and sulfur dioxide before the deadline for the Atmospheric and Vacuum Tower Heaters (EPN HTCRU001-S) 30 TAC sect117335(a) and sect1179020(2)(A)(ii)(I) and (C)(i) and THSC sect382085(b) by failing to demonstrate initial compliance for NOx

for Hydrotreater RH1 and RH2 Heaters (EPNs HTREF001 and HTREF002) 30 TAC sect117345(c)(1) and THSC sect382085(b) by failing to submit a stack test report within 60 days after conducting a stack test 30 TAC sect116115(c) and sect122143(4) FOP Number O1544 STC Numbers 1A and 17 NSR Permit Number 56389 SC Numbers 1 20 and 21 and THSC sect382085(b) by failing to comply with the permitted emissions rates and emissions limits 30 TAC sect116115(c) and sect122143(4) FOP Number O1544 STC Numbers 1A and 17 NSR Permit Number 56389 SC Number 21 and THSC sect382085(b) by failing to limit the CO concentration to 100 parts per million by volume corrected to 3 oxygen 30 TAC sect115725(a)(1)(C) and sect122143(4) FOP Number O1544 STC Number 1A and THSC sect382085(b) by failing to comply with the established fuel gas flow rates 30 TAC sectsect10120(1) 101221(a) 116115(c) and 122143(4) FOP Number O1544 STC Number 17 40 Code of Federal Regulations sect6018(c)(2) NSR Permit Number 56389 SC Numbers 1 and 6B NSR Permit Number 20246 SC Number 1 and THSC sect382085(b) by failing to prevent unautho-rized emissions 30 TAC sect116115(c) and sect122143(4) FOP Number O1544 STC Numbers 1A and 17 NSR Permit Number 56389 SC Numbers 1 20 and 21 and THSC sect382085(b) by failing to comply with the permitted emissions rates and emissions limits and TWC sect26121(a)(1) 30 TAC sect305125(1) and Texas Pollutant Discharge Elimination System Permit Number WQ0000574000 Effluent Limi-tations and Monitoring Requirements Number 1 for Outfall Number 002 by failing to comply with the permitted effluent limitations PENALTY $907191 Supplemental Environmental Project offset amount of $453595 ENFORCEMENT COORDINATOR Raime Hayes-Falero (713) 767-3567 REGIONAL OFFICE 5425 Polk Avenue Suite H Houston Texas 77023-1486 (713) 767-3500

43 TexReg 794 February 9 2018 Texas Register

(19) COMPANY SEHER ENTERPRISE INCORPORATED dba Best Food Mart DOCKET NUMBER 2017-0890-PST-E IDENTIFIER RN102901535 LOCATION Tomball Harris County TYPE OF FACILITY convenience store with retail sales of gasoline RULES VIOLATED 30 TAC sect33449(a)(1) and TWC sect263475(d) by failing to provide corrosion protection for the underground storage tank (UST) system 30 TAC sect33450(b)(2) and TWC sect263475(a) by failing to provide release detection for the pressurized piping associated with the UST system and 30 TAC sect115225 Texas Health and Safety Code sect382085(b) and 40 Code of Federal Regulations sect6311120(a) by failing to comply with annual Stage I vapor recovery testing require-ments PENALTY $8478 ENFORCEMENT COORDINATOR Danielle Porras (713) 767-3682 REGIONAL OFFICE 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(20) COMPANY SHADY GROVE NUMBER 2 WATER SUPPLY CORPORATION DOCKET NUMBER 2017-1506-PWS-E IDEN-TIFIER RN101457760 LOCATION Sulphur Springs Hopkins County TYPE OF FACILITY public water supply RULES VI-OLATED 30 TAC sect290117(c)(2)(A) (h) and (i)(1) by failing to collect lead and copper tap samples at the required 20 sample sites have the samples analyzed and report the results to the executive di-rector (ED) for the January 1 2017 - June 30 2017 monitoring period 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required ten sample sites have the samples analyzed and report the results to the ED for the January 1 2016 - December 31 2016 monitoring period and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1 2016 - December 31 2016 monitoring period and 30 TAC sect290117(c)(2)(C) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required ten sample sites have the samples analyzed and report the results to the ED for the January 1 2013 - December 31 2015 monitoring period and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1 2013 - December 31 2015 monitoring period PENALTY $639 ENFORCEMENT COORDINATOR Steven Hall (512) 239-2569 REGIONAL OFFICE 2916 Teague Drive Tyler Texas 75701-3734 (903) 535-5100

(21) COMPANY SOIL BUILDING SYSTEMS INCORPO-RATED DOCKET NUMBER 2017-1516-MSW-E IDENTIFIER RN109611822 LOCATION Dallas Dallas County TYPE OF FA-CILITY composting and recycling facility RULES VIOLATED 30 TAC sect3285(b) by failing to submit a Notice of Intent to the executive director prior to the commencement of recycling activities 30 TAC sect3285(c)(1) by failing to provide a written cost estimate showing the cost of hiring a third party to close the facility by disposition of all processed and unprocessed materials 30 TAC sect3285(f)(1) and (2) by failing to maintain recycling records to show compliance with the requirements for limitations on storage of recyclable materials and reasonable efforts to maintain source-separation of materials received by the facility and 30 TAC sect3285(d) and sect37921 by failing to establish and maintain financial assurance for the closure of the facility that stores combustible materials outdoors PENALTY $4876 ENFORCEMENT COORDINATOR Margarita Dennis (817) 588-5892 REGIONAL OFFICE 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(22) COMPANY Solutia Incorporated DOCKET NUMBER 2017-1313-AIR-E IDENTIFIER RN103057568 LOCATION Alvin Brazoria County TYPE OF FACILITY chemical manufactur-ing plant RULES VIOLATED 30 TAC sectsect115354(2)(c) 116115(c) and 122143(4) New Source Review (NSR) Permit Number 3046

Special Conditions (SC) Number 9F Federal Operating Permit (FOP) Number O2317 Special Terms and Conditions (STC) Numbers 1A and 17 and Texas Health and Safety Code (THSC) sect382085(b) by failing to conduct Leak Detection and Repair monitoring on 173 out of 184 valves in gasvapor service during the third quarter of 2015 30 TAC sect116115(c) and sect122143(4) NSR Permit Number 3046 SC Number 5B FOP Number O2317 STC Number 17 and THSC sect382085(b) by failing to comply with the maximum liquid surface temperature of 140 degree Fahrenheit and 30 TAC sect122143(4) and sect122145(2)(A) FOP Number O2317 General Terms and Condi-tions and THSC sect382085(b) by failing to report all instances of deviations PENALTY $9682 ENFORCEMENT COORDINATOR David Carney (512) 239-2583 REGIONAL OFFICE 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(23) COMPANY Southwest Convenience Stores LLC dba 7 Eleven 57812 and 7 Eleven 57816 DOCKET NUMBER 2016-1411-PST-E IDENTIFIERS RN102410701 (Facility 1) and RN102436987 (Facil-ity 2) LOCATION Midland Midland County TYPE OF FACILITY convenience store with retail sales of gasoline and diesel fuel RULES VIOLATED 30TAC sect33474 by failing to investigate a suspected release of regulated substance within 30 days of discovery (Facility 1 and 2) and 30TAC sect33472 by failing to report a suspected release to the TCEQ within 24 hours of discovery (Facility 1 and 2) PENALTY $37700 ENFORCEMENT COORDINATOR Tyler Richardson (512) 239-4872 REGIONAL OFFICE 3300 North A Street Building 4 Suite 107 Midland Texas 79705-5404 (432) 570-1359

(24) COMPANY Sunoco Partners Marketing and Terminals LP DOCKET NUMBER 2017-1251-AIR-E IDENTIFIER RN100214626 LOCATION Nederland Jefferson County TYPE OF FACILITY petroleum storage terminal RULES VIOLATED 30 TAC sectsect10120(3) 116115(b)(2)(F) and (c) and 122143(4) New Source Review Permit Numbers 56508 and PSDTX1444 Special Conditions Number 1 Federal Operating Permit (FOP) Number O1573 Special Terms and Conditions Number 10 and Texas Health and Safety Code (THSC) sect382085(b) by failing to comply with the permitted annual maximum allowable emissions rate and 30 TAC sect122145(2)(A) and sect122143(4) FOP Number O1573 General Terms and Conditions and THSC sect382085(b) by failing to report all instances of deviations PENALTY $47195 Supplemental Environmental Project offset amount of $18878 ENFORCEMENT COORDINATOR David Carney (512) 239-2583 REGIONAL OFFICE 3870 Eastex Freeway Beaumont Texas 77703-1830 (409) 898-3838

(25) COMPANY UTOPIA WATER SUPPLY CORPORA-TION DOCKET NUMBER 2017-1543-PWS-E IDENTIFIER RN101256980 LOCATION Utopia Uvalde County TYPE OF FACILITY public water supply RULES VIOLATED 30 TAC sect29044(h)(1)(A) by failing to install a backflow prevention assembly or an air gap at all residences or establishments where an actual or potential contamination hazard exists as identified in 30 TAC sect29047(f) 30 TAC sect29046(m)(4) by failing to maintain all distribu-tion system lines storage and pressure maintenance facilities water treatment units and all related appurtenances in a watertight condition and 30 TAC sect29042(b)(2)(C) by failing to provide all processes involving exposure of the water to atmospheric contamination with subsequent disinfection of the water ahead of ground storage tanks and be accomplished in a manner such that insects birds and other foreign materials will be excluded from the water PENALTY $250 ENFORCEMENT COORDINATOR Paige Bond (512) 239-2678 REGIONAL OFFICE 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096 TRD-201800379

IN ADDITION February 9 2018 43 TexReg 795

Charmaine Backens Director Litigation Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Enforcement Orders An agreed order was adopted regarding Venus Operating Corp dba Venus Food Mart Docket No 2016-1188-PST-E on January 30 2018 assessing $4125 in administrative penalties with $825 deferred Infor-mation concerning any aspect of this order may be obtained by contact-ing John Fennell Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding United States Department of Agriculture Docket No 2016-1329-PST-E on January 30 2018 as-sessing $3375 in administrative penalties with $675 deferred Infor-mation concerning any aspect of this order may be obtained by contact-ing Ronica Rodriguez Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Naresh P Patel dba Westside Grocery Docket No 2016-1490-PST-E on January 30 2018 assess-ing $3375 in administrative penalties with $675 deferred Informa-tion concerning any aspect of this order may be obtained by contacting Ronica Rodriguez Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding MERITOCRACY UNION INC dba Tex Mex Food Mart 1 Docket No 2016-1564-PST-E on January 30 2018 assessing $5754 in administrative penalties Information concerning any aspect of this order may be obtained by contacting Jess Robinson Staff Attorney at (512) 239-3400 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Saakshi Inc Docket No 2016-1758-PST-E on January 30 2018 assessing $4500 in administrative penalties with $900 deferred Information concerning any aspect of this order may be obtained by contacting Alejandro Laje Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SHIV OMKARA INC dba Bulldog Express Mart Docket No 2016-1871-PST-E on January 30 2018 assessing $3375 in administrative penalties with $675 deferred Information concerning any aspect of this order may be obtained by contacting Jonathan Nguyen Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Akbar Ali Momin dba Leander Grocery Docket No 2017-0171-PST-E on January 30 2018 assess-ing $3563 in administrative penalties with $712 deferred Informa-tion concerning any aspect of this order may be obtained by contact-ing Ross Luedtke Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Cliff J Chambers Docket No 2017-0339-OSS-E on January 30 2018 assessing $527 in administra-tive penalties Information concerning any aspect of this order may be obtained by contacting Jake Marx Staff Attorney at (512) 239-3400

Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding FRANKLIN EXPRESSWAY INC and G amp G LIONS INC dba Lions Den Exxon Docket No 2017-0545-PST-E on January 30 2018 assessing $3750 in administra-tive penalties with $750 deferred Information concerning any aspect of this order may be obtained by contacting Margarita Dennis Enforce-ment Coordinator at (512) 239-2545 Texas Commission on Environ-mental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Shane Taylor and Conway Clary Docket No 2017-0635-PST-E on January 30 2018 assess-ing $2250 in administrative penalties with $450 deferred Informa-tion concerning any aspect of this order may be obtained by contact-ing Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Monarch Mountain Minerals amp Aggregates LLC Docket No 2017-0639-AIR-E on January 30 2018 assessing $2550 in administrative penalties with $510 deferred Infor-mation concerning any aspect of this order may be obtained by contact-ing Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SHIVAM BUSINESS INC dba Lonestar Exxon Docket No 2017-0750-PST-E on January 30 2018 assessing $6879 in administrative penalties with $1375 deferred Information concerning any aspect of this order may be obtained by contacting Ken Moller Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding BUFFALO CHEVRON FOOD MART INC dba Chevron of Buffalo Docket No 2017-0780-PST-E on January 30 2018 assessing $2567 in administrative penalties with $513 deferred Information concerning any aspect of this order may be obtained by contacting Jonathan Nguyen Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding RAHIL INVESTMENTS INC dba West End Grocery Docket No 2017-0869-PST-E on January 30 2018 assessing $3375 in administrative penalties with $675 deferred Information concerning any aspect of this order may be obtained by contacting Caleb Olson Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Vishva Inc dba Pac N Go 905 Docket No 2017-0903-PST-E on January 30 2018 assessing $3000 in administrative penalties with $600 deferred Information concern-ing any aspect of this order may be obtained by contacting Farhaud Abbaszadeh Enforcement Coordinator at (512) 239-2545 Texas Com-mission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SilverBow Resources Operat-ing LLC Docket No 2017-0912-AIR-E on January 30 2018 assess-ing $7276 in administrative penalties with $1455 deferred Informa-tion concerning any aspect of this order may be obtained by contact-ing Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Gulmohar Enterprises Inc dba Honey Grove Gas and Grocery Docket No 2017-0952-PST-E on

43 TexReg 796 February 9 2018 Texas Register

January 30 2018 assessing $3129 in administrative penalties with $625 deferred Information concerning any aspect of this order may be obtained by contacting Ken Moller Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Legacy Reserves Operating LP Docket No 2017-0970-AIR-E on January 30 2018 assessing $4500 in administrative penalties with $900 deferred Information concerning any aspect of this order may be obtained by contacting Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Reliant Processing Group LLC Docket No 2017-1014-IWD-E on January 30 2018 assessing $5625 in administrative penalties with $1125 deferred Information concern-ing any aspect of this order may be obtained by contacting Sandra Dou-glas Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding CIRCLE K STORES INC dba CIRCLE K 2704034 Docket No 2017-1191-PST-E on January 30 2018 assessing $7500 in administrative penalties with $1500 deferred Information concerning any aspect of this order may be obtained by contacting Austin Henck Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SBE ENTERPRISES INC dba Ekko Fuels and Oil Docket No 2017-1213-PST-E on January 30 2018 assessing $1736 in administrative penalties with $347 deferred Information concerning any aspect of this order may be obtained by contacting Carlos Molina Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SUNSHINE FOOD MART INC dba Sunshine Food Mart Docket No 2017-1237-PST-E on January 30 2018 assessing $3750 in administrative penalties with $750 deferred Information concerning any aspect of this order may be obtained by contacting Caleb Olson Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087 TRD-201800401 Bridget C Bohac Chief Clerk Texas Commission on Environmental Quality Filed January 31 2018

diams diams diams Notice of a Proposed Renewal with Amendment of General Permit TXG830000 Authorizing the Discharge of Wastewater The Texas Commission on Environmental Quality (TCEQ or commis-sion) is proposing to renew and amend Texas Pollutant Discharge Elim-ination System General Permit TXG830000 This general permit au-thorizes the discharge of water contaminated by petroleum substances into or adjacent to water in the state The proposed general permit ap-plies to the entire state of Texas General permits are authorized by Texas Water Code sect26040

PROPOSED GENERAL PERMIT The executive director has pre-pared a draft general permit renewal with amendments of an existing general permit that authorizes the discharge of water contaminated by petroleum substances into or adjacent to water in the state No significant degradation of high quality waters is expected and existing uses will be maintained and protected The executive director proposes

to require certain dischargers to submit a Notice of Intent to obtain authorization to discharge

The executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) according to Coastal Coordination Advisory Committee regulations and has determined that the action is consistent with applicable CMP goals and policies

A copy of the proposed general permit and fact sheet are available for viewing and copying at the TCEQ Office of the Chief Clerk located at the TCEQ Austin office at 12100 Park 35 Circle Building F These documents are also available at the TCEQs 16 regional offices and on the TCEQ website at httpwwwtceqtexasgovpermittingwaste-watergeneralindexhtml

PUBLIC COMMENTPUBLIC MEETING You may submit public comments or request a public meeting about this proposed general per-mit The purpose of a public meeting is to provide the opportunity to submit written or oral comment or to ask questions about the proposed general permit Generally the TCEQ will hold a public meeting if the executive director determines that there is a significant degree of public interest in the proposed general permit or if requested by a state legis-lator A public meeting is not a contested case hearing

Written public comments must be received by the Office of the Chief Clerk MC 105 TCEQ PO Box 13087 Austin Texas 78711-3087 or electronically at wwwtceqtexasgovaboutcommentshtml within 30 days from the date this notice is published

APPROVAL PROCESS After the comment period the executive di-rector will consider all the public comments and prepare a written re-sponse The response will be filed with the TCEQ Office of the Chief Clerk at least 10 days before the scheduled commission meeting when the commission will consider approval of the general permit The com-mission will consider all public comment in making its decision and will either adopt the executive directors response or prepare its own response The commission will issue its written response on the gen-eral permit at the same time the commission issues or denies the gen-eral permit A copy of any issued general permit and response to com-ments will be made available to the public for inspection at the agencys Austin office and regional offices A notice of the commissioners ac-tion on the proposed general permit and a copy of its response to com-ments will be mailed to each person who submitted a comment Also a notice of the commissions action on the proposed general permit and the text of its response to comments will be published in the Texas Reg-ister

MAILING LISTS In addition to submitting public comments you may ask to be placed on a mailing list to receive future public notices mailed by the TCEQ Office of the Chief Clerk You may request to be added to 1) the mailing list for this specific general permit 2) the permanent mailing list for a specific county or 3) both Clearly specify the mailing lists to which you wish to be added and send your request to the TCEQ Office of the Chief Clerk at the address previously mentioned Unless you otherwise specify you will be included only on the mailing list for this specific general permit

INFORMATION If you need more information about this general per-mit or the permitting process please call the TCEQ Public Education Program toll free at (800) 687-4040 General information about the TCEQ can be found at our website at httpwwwtceqtexasgov

Further information may also be obtained by calling Laurie Fleet TCEQ Water Quality Division at (512) 239-5445

Si desea informacioacuten en espantildeol puede llamar (800) 687-4040 TRD-201800344

IN ADDITION February 9 2018 43 TexReg 797

diams diams diams

Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 26 2018

diams diams diams Notice of Opportunity to Comment on a Default Order of Administrative Enforcement Actions The Texas Commission on Environmental Quality (TCEQ or commis-sion) staff is providing an opportunity for written public comment on the listed Default Order (DO) The commission staff proposes a DO when the staff has sent the Executive Directors Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations the pro-posed penalty the proposed technical requirements necessary to bring the entity back into compliance and the entity fails to request a hear-ing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing Similar to the proce-dure followed with respect to Agreed Orders entered into by the execu-tive director of the commission in accordance with Texas Water Code (TWC) sect7075 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 March 13 2018 The commission will consider any writ-ten comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate improper inadequate or inconsistent with the requirements of the statutes and rules within the commissions jurisdiction or the commissions orders and permits issued in accordance with the commissions regulatory au-thority Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written com-ments

A copy of the proposed DO is available for public inspection at both the commissions central office located at 12100 Park 35 Circle Building A 3rd Floor Austin Texas 78753 (512) 239-3400 and at the appli-cable regional office listed as follows Written comments about the DO should be sent to the attorney designated for the DO at the com-missions central office at PO Box 13087 MC 175 Austin Texas 78711-3087 and must be received by 500 pm on March 13 2018 Comments may also be sent by facsimile machine to the attorney at (512) 239-3434 The commissions attorney is available to discuss the DO andor the comment procedure at the listed phone number how-ever TWC sect7075 provides that comments on the DO shall be submit-ted to the commission in writing

(1) COMPANY Justin Vincent DOCKET NUMBER 2017-0818-LII-E TCEQ ID NUMBER RN109698712 LOCATION On-alaska Polk County (Facility) and 7421 Teaswood Drive Conroe Montgomery County TYPE OF FACILITY business RULES VIO-LATED TWC sect37003 Texas Occupations Code sect1903251 and 30 TAC sect305(a) by failing to hold an irrigator license prior to selling designing consulting installing altering repairing or servicing an irrigation system PENALTY $948 STAFF ATTORNEY Audrey Liter Litigation Division MC 175 (512) 239-0684 REGIONAL OF-FICE Beaumont Regional Office 3870 Eastex Freeway Beaumont Texas 77703-1830 (409) 898-3838 TRD-201800377 Charmaine Backens Director Litigation Division Texas Commission on Environmental Quality Filed January 30 2018

Notice of Opportunity to Comment on Agreed Orders of Administrative Enforcement Actions The Texas Commission on Environmental Quality (TCEQ agency or commission) staff is providing an opportunity for written public com-ment on the listed Agreed Orders (AOs) in accordance with Texas Wa-ter Code (TWC) sect7075 TWC sect7075 requires that before the com-mission may approve the AOs the commission shall allow the pub-lic an opportunity to submit written comments on the proposed AOs TWC sect7075 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 March 13 2018 TWC sect7075 also requires that the commission promptly consider any written comments received and that the com-mission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropri-ate improper inadequate or inconsistent with the requirements of the statutes and rules within the commissions jurisdiction or the commis-sions orders and permits issued in accordance with the commissions regulatory authority Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments

A copy of each proposed AO is available for public inspection at both the commissions central office located at 12100 Park 35 Circle Build-ing A 3rd Floor Austin Texas 78753 (512) 239 3400 and at the ap-plicable regional office listed as follows Written comments about an AO should be sent to the attorney designated for the AO at the commis-sions central office at PO Box 13087 MC 175 Austin Texas 78711 3087 and must be received by 500 pm on March 13 2018 Com-ments may also be sent by facsimile machine to the attorney at (512) 239-3434 The designated attorneys are available to discuss the AOs andor the comment procedure at the listed phone numbers however TWC sect7075 provides that comments on an AO shall be submitted to the commission in writing

(1) COMPANY ASHEVILLE ENTERPRISES INC dba Mr Ts Convenience Store DOCKET NUMBER 2017-1163-PST-E TCEQ ID NUMBER RN101998573 LOCATION 6808 Bowman Springs Road Arlington Tarrant County TYPE OF FACILITY underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) PENALTY $3750 STAFF ATTORNEY Joey Washburn Litigation Division MC 175 (512) 239-1297 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(2) COMPANY City of White Settlement DOCKET NUMBER 2017-0676-PWS-E TCEQ ID NUMBER RN101390292 LOCA-TION 214 Meadow Park Drive White Settlement Tarrant County TYPE OF FACILITY public water system RULES VIOLATED 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required sample sites have the samples analyzed and report the results to the executive director (ED) and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples 30 TAC sect290271(b) and sect290274(a) and (c) by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year and failing to submit to the TCEQ by July 1st of each year a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with the compliance monitoring data and 30 TAC sect290122(c)(2)(A) and (f) by failing

43 TexReg 798 February 9 2018 Texas Register

to provide public notification and submit a copy of the notification to the ED regarding the failure to submit a Disinfectant Level Quarterly Operating Report PENALTY $1950 STAFF ATTORNEY Adam Taylor Litigation Division MC 175 (512) 239-3345 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(3) COMPANY GUL ENTERPRISES LLC dba Texaco Corner DOCKET NUMBER 2016-0591-PST-E TCEQ ID NUMBER RN102352911 LOCATION 2700 East 5th Street Tyler Smith County TYPE OF FACILITY underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) PENALTY $4500 STAFF ATTORNEY Amanda Patel Litigation Division MC 175 (512) 239-3990 REGIONAL OFFICE Tyler Regional Office 2916 Teague Drive Tyler Texas 75701-3734 (903) 535-5100

(4) COMPANY Howard C Bigham Jr dba Key Mobile Home Park DOCKET NUMBER 2017-0571-PWS-E TCEQ ID NUMBER RN101246262 LOCATION 2116 Tuscola Avenue near Snyder Scurry County TYPE OF FACILITY public water system RULES VIOLATED 30 TAC sect290110(e)(4)(A) and (f)(3) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2dii by failing to submit a Disinfectant Level Quarterly Oper-ating Report (DLQOR) to the executive director (ED) 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2di by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED 30 TAC sect290117(c)(2)(A) (h) and (i)(1) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2di by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED 30 TAC sect290117(i)(6) and (j) by failing to mail consumer notification of lead tap water monitoring results to persons served at the locations that were sampled and failing to submit to the TCEQ a copy of the consumer notification and certification that the consumer notification had been distributed to the persons served at the locations in a manner consistent with TCEQ requirements 30 TAC sect290271(b) and sect290274(a) and (c) by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st for each year and failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ 30 TAC sect290122(c)(2)(A) and (f) by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a DLQOR to the ED and the failure to collect lead and copper tap samples 30 TAC sect29046(f)(2) (3)(A)(i)(III) (ii)(III) and (B)(iii) and TCEQ Order Docket Number 2015-0103-PWS-E Ordering Pro-vision Number 2a by failing to maintain water works operation and maintenance records and make them readily available to commission personnel upon request 30 TAC sect29044(i) and TCEQ Order Docket Number 2015-0103-PWS-E Ordering Provision Number 2c by failing to obtain an approval from the ED prior to supplying drinking water distributed by a tanker truck or trailer to persons served by the facility 30 TAC sect29046(i) by failing to adopt an adequate plumbing ordinance regulations or service agreement with provisions for proper enforcement to ensure that neither cross-connection nor other unacceptable plumbing practices are permitted 30 TAC sect29046(z) by failing to create a nitrification action plan for a system distributing chloraminated water 30 TAC sect29042(e)(3)(G) by failing to obtain

an exception in accordance with 30 TAC sect29039(l) prior to blending water containing chloramines and water containing free chlorine 30 TAC sect29046(f)(2) (3)(B)(iv) and (D)(ii) by failing to maintain water works operation and maintenance records and make them readily available to commission personnel upon request and Texas Health and Safety Code sect3410315(c) and 30 TAC sect29046(d)(2)(B) and sect290110(b)(4) by failing to maintain a disinfectant residual of at least 05 milligrams per liter of chloramine (measured as total chlorine) throughout the distribution system at all times PENALTY $3614 STAFF ATTORNEY Ian Groetsch Litigation Division MC 175 (512) 239-2225 REGIONAL OFFICE Abilene Regional Office 1977 Industrial Boulevard Abilene Texas 79602-7833 (325) 698-9674

(5) COMPANY ICR Energy LLC dba Bitters Road Express Grocery amp Dry Cleaners DOCKET NUMBER 2016-2093-MLM-E TCEQ ID NUMBER RN102980265 LOCATION 1005 West Bitters Road San Antonio Bexar County TYPE OF FACILITY dry cleaning drop station underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED Texas Health and Safety Code sect374102(a) and 30 TAC sect33710(a)(1) and (2) by failing to complete and submit the required registration form to the TCEQ for a dry cleaning facility andor drop station facility TWC sect263475(a) and 30 TAC sect33450(b)(1)(A) by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(c)(1) and 30 TAC sect33450(b)(2)(A)(i)(III) by failing to provide release detection for the pressurized piping associated with the UST system 30 TAC sect3348(c)(4)(A)(vii) and (5)(B)(ii) by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date TWC sect263467(a) and 30 TAC sect3348(c)(5)(A)(i) by failing to make available to a common carrier a valid current TCEQ delivery certificate before accepting delivery of a regulated substance into the UST 30 TAC sect3348(c)(5)(C) by failing to ensure that a legible tag label or marking with the UST identifica-tion 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 according to the UST registration and self-certification form TWC sect263475(c)(2) and 30 TAC sect33442(i) by failing to inspect all sumps including dispenser sumps manways overspill containers or catchment basins associated with a UST system at least once every 60 days to ensure that their sides bottoms and any penetration points are maintained liquid tight and free of any liquid or debris and 30 TAC sect37815(a) and (b) by failing to demonstrate acceptable financial as-surance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs PENALTY $18440 STAFF ATTORNEY Amanda Patel Litigation Division MC 175 (512) 239-3990 REGIONAL OFFICE San Antonio Regional Office 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096

(6) COMPANY RIJAL TRADERS INC dba Mercado Food amp Fuels DOCKET NUMBER 2016-0136-PST-E TCEQ ID NUM-BER RN102978657 LOCATION 301 East Avenue G Conroe Montgomery County TYPE OF FACILITY underground stor-age tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(a) and 30 TAC sect33450(b)(2)(A)(i)(III) by failing to test the line leak detectors at least once per year for performance and operational reliability TWC sect263475(a) and 30 TAC sect33450(b)(2)(A)(ii) by failing to provide release detection for the pressurized piping associated with the UST system and 30 TAC sect33450(d)(1)(B) by failing to conduct inventory

IN ADDITION February 9 2018 43 TexReg 799

control procedures including volume measurement reconciliation of detailed inventory control records at least once a month in a manner sufficiently accurate to detect a release which equals or exceeds the sum of 10 of the total substance flow through for the month plus 130 gallons PENALTY $5607 STAFF ATTORNEY Ian Groetsch Litigation Division MC 175 (512) 239-2225 REGIONAL OFFICE Houston Regional Office 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(7) COMPANY SEMINOLE VENTURES LLC dba Alsbury Food Mart DOCKET NUMBER 2017-0644-PST-E TCEQ ID NUMBER RN102021508 LOCATION 776 Northeast Alsbury Boulevard Burleson Tarrant County TYPE OF FACILITY underground stor-age tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(d) and 30 TAC sect33449(a)(4) by failing to provide corrosion protection for the UST system and 30 TAC sect33410(b) and 30 TAC sect33451(c)(1) by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel PENALTY $7313 STAFF AT-TORNEY Isaac Ta Litigation Division MC 175 (512) 239-0683 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800 TRD-201800376 Charmaine Backens Director Litigation Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Notice of Public Hearing on Proposed Revisions The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revi-sions to 30 TAC Chapter 305 Consolidated Permits sect305541 under the requirements of Texas Government Code Chapter 2001 Subchap-ter B

The proposed rulemaking would amend sect305541 to adopt by refer-ence 40 Code of Federal Regulations Part 441 as published on June 14 2017 in the Federal Register (82 FedReg 27154 - 27178) and mi-nor corrections to the rule that were published in the Federal Register on June 26 2017 and July 5 2017 (82 FedReg 28777 82 FedReg 30997) The proposed rulemaking would also adopt by reference the United States Environmental Protection Agencys Effluent Limitations Guidelines and Standards for the Dental Category

The commission will hold a public hearing on this proposal in Austin on March 8 2018 at 200 pm in Building E Room 201S at the com-missions central office located at 12100 Park 35 Circle The hearing is structured for the receipt of oral or written comments by interested persons Individuals may present oral statements when called upon in order of registration Open discussion will not be permitted during the hearing however commission staff members will be available to dis-cuss the proposal 30 minutes prior to the hearing

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

Written comments may be submitted to Ms Kris Hogan MC 205 Office of Legal Services Texas Commission on Environ-mental Quality PO Box 13087 Austin Texas 78711-3087 or

faxed to (512) 239-4808 Electronic comments may be submitted at httpwww1tceqtexasgovrulesecomments File size restric-tions may apply to comments being submitted via the eComments system All comments should reference Rule Project Number 2017-009-305-OW The comment period closes on March 12 2018 Copies of the proposed rulemaking can be obtained from the commis-sions website at httpwwwtceqtexasgovrulespropose_adopthtml For further information please contact Laurie Fleet Wastewater Permitting Section at (512) 239-5445 TRD-201800346 Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 26 2018

diams diams diams Notice of Water Rights Application

Notices issued January 25 2018

APPLICATION NO 13340 The City of Wichita Falls 600 11th Street Room 209 Wichita Falls Texas 76301 Applicant seeks a temporary water use permit to divert and use not to exceed 20 acre-feet of wa-ter over a two-year period from Plum Creek at a maximum diversion rate of 022 cfs (100 gpm) for agricultural purposes in Wichita County The application and fees were received on September 23 2016 Ad-ditional information and fees were received on April 28 2017 The application was declared administratively complete and filed with the Office of the Chief Clerk on June 22 2017 The Executive Director completed the technical review of the application and prepared a draft permit The draft permit if granted would include special conditions including but not limited to installing a measuring device for diver-sions The application technical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 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 by February 9 2018

APPLICATION NO 13419 Magellan Terminals Holdings LP One Williams Center OTC-8 Tulsa Oklahoma 74172 Applicant seeks a temporary water use permit to divert and use not to exceed 200 acre-feet of water within a period of three years from a point on Buffalo Bayou (Houston Ship Channel) San Jacinto River Basin for industrial pur-poses in Harris County The application and fees were received on August 14 2017 Additional information and fees were received on September 21 and September 26 2017 The application was declared administratively complete and filed with the Office of the Chief Clerk on October 24 2017 The Executive Director completed the technical review of the application and prepared a draft permit The draft permit if granted would include special conditions including but not limited to installing a measuring device for diversions The application tech-nical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 78753 Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below by February 9 2018

APPLICATION NO 18-2445A Camp Mystic Inc Route 2 Box 257 Hunt Texas 78024 Applicant seeks to amend Certificate of Adjudi-cation No 18-2445 to authorize an existing dam and reservoir with a capacity of 15 acre-feet on Cypress Creek Guadalupe River Basin for recreational purposes in Kerr County The application does not re-quest a new appropriation of water or to increase the amount of water

43 TexReg 800 February 9 2018 Texas Register

diams diams diams

authorized to be stored taken or diverted The application and partial fees were received on April 28 2015 Additional information and fees were received on October 5 and October 27 2016 and June 23 2017 The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on July 12 2017 The Ex-ecutive Director has completed the technical review of the application and prepared a draft amendment The amendment if granted would include special conditions including but not limited to maintaining the reservoir full at all time with an alternate source of water The ap-plication technical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 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 sec-tion below within 30 days of the date of newspaper publication of the notice

To view the complete issued notice view the notice on our website at wwwtceqtexasgovagencyccpub_noticehtml or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete no-tice 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 con-tested 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) applicants name and permit number (3) the statement [Iwe] 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 applica-tion 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 re-quested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Com-mission 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 PO Box 13087 Austin Texas 78711-3087 For infor-mation concerning the hearing process please contact the Public Inter-est Counsel MC 103 at the same address For additional information individual members of the general public may contact the Public Edu-cation Program at (800) 687-4040 General information regarding the TCEQ can be found at our website at wwwtceqtexasgov Si desea informacioacuten en espantildeol puede llamar al (800) 687-4040 TRD-201800402 Bridget C Bohac Chief Clerk Texas Commission on Environmental Quality Filed January 31 2018

diams diams diams Update to the Water Quality Management Plan

The Texas Commission on Environmental Quality (TCEQ or commis-sion) requests comments from the public on the draft January 2018 Up-date to the WQMP for the State of Texas

Download the draft January 2018 WQMP Update at httpswwwtceqtexasgovpermittingwqmpWQmanagement_up-dateshtml or view a printed copy at the TCEQ Library Building A 12100 Park 35 Circle Austin Texas

The WQMP is developed and promulgated in accordance with the re-quirements of Federal Clean Water Act sect208 The draft update in-cludes projected effluent limits of specific domestic dischargers which may be useful for planning in future permit actions The draft update may also contain service area populations for listed wastewater treat-ment facilities designated management agency information and total maximum daily load (TMDL) revisions

Once the commission certifies a WQMP update it is submitted to the United States Environmental Protection Agency (EPA) for approval For some Texas Pollutant Discharge Elimination System (TPDES) per-mits the EPAs approval of a corresponding WQMP update is a neces-sary precondition to TPDES permit issuance by the commission

Deadline

All comments must be received at the TCEQ no later than 500 pm on March 12 2018

How to Submit Comments

Comments must be submitted in writing to

Nancy Vignali

Texas Commission on Environmental Quality

Water Quality Division MC 150

PO Box 13087

Austin Texas 78711-3087

Comments may also be faxed to (512) 239-4420 but must be followed up with written comments by mail within three working days of the fax date or by the comment deadline whichever is sooner

For further information or questions please contact Ms Vignali at (512) 239-1303 or by email at NancyVignalitceqtexasgov TRD-201800378 Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Texas Ethics Commission List of Late Filers Below is a list from the Texas Ethics Commission naming the filers who failed to pay the penalty fine for failure to file the report or filing a late report in reference to the specified filing deadline If you have any questions you may contact Jennifer Griggs at (512) 463-5800

Deadline Personal Financial Statement due October 23 2017

00081802 - Michael Dokupil 4212 San Felipe Suite 410 Houston Texas 77027

TRD-201800306 Seana Willing Executive Director Texas Ethics Commission Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 801

Texas Lottery Commission Scratch Ticket Game Number 2071 Lucky Dog 10 Name and Style of Scratch Ticket Game

A The name of Scratch Ticket Game No 2071 is LUCKY DOG The play style is key symbol match

11 Price of Scratch Ticket Game

A The price for Scratch Ticket Game No 2071 shall be $100 per Scratch Ticket

12 Definitions in Scratch Ticket Game No 2071

A Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear

B Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket

C Play Symbol- The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize Each

Play Symbol is printed in Symbol font in black ink in positive except for dual-image games The possible black Play Symbols are

MAX PLAY SYMBOL CHARLIE PLAY SYMBOL COCO PLAY SYMBOL SPOT PLAY SYMBOL RUSS PLAY SYMBOL JACK PLAY SYMBOL FIDO PLAY SYMBOL MOLLY PLAY SYMBOL BRUCE PLAY SYMBOL ROCKY PLAY SYMBOL LOLA PLAY SYMBOL ROVER PLAY SYMBOL BUDDY PLAY SYMBOL DUKE PLAY SYMBOL SPIKE PLAY SYMBOL SOPHIE PLAY SYMBOL BUSTER PLAY SYBMOL RUFUS PLAY SYMBOL DINO PLAY SYMBOL SADIE PLAY SYMBOL GINGER PLAY SYMBOL BAILEY PLAY SYMBOL $1 $2 $5 $10 $20 $50 $100 and $500

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

43 TexReg 802 February 9 2018 Texas Register

IN ADDITION February 9 2018 43 TexReg 803

E Serial Number- A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket The Serial Number is for validation purposes and cannot be used to play the game The format will be 0000000000000

F Bar Code - A 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 Scratch Ticket number and the ten (10) digit Validation Number The Bar Code appears on the back of the Scratch Ticket

G Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2071) a seven (7) digit Pack number and a three (3) digit Scratch Ticket number Scratch Ticket numbers start with 001 and end with 150 within each Pack The format will be 2071-0000001-001

H Pack - A Pack of the LUCKY DOG Scratch Ticket Game contains 150 Tickets packed in plastic shrink-wrapping and fanfolded in pages of five (5) Tickets 001 to 005 will be on the top page Tickets 006 to 010 on the next page etc and Tickets 146 to 150 will be on the last page with backs exposed Ticket 001 will be folded over so the front of Ticket 001 and 010 will be exposed

I Non-Winning Scratch Ticket - A Scratch Ticket which is not pro-grammed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures the State Lottery Act (Texas Government Code Chapter 466) and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401

J Scratch Ticket Game Scratch Ticket or Ticket - Texas Lottery LUCKY DOG Scratch Ticket Game No 2071

20 Determination of Prize Winners The determination of prize win-ners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401302 Scratch Ticket Game Rules these Game Procedures and the requirements set out on the back of each Scratch Ticket A prize winner in the LUCKY DOG Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 8 (eight) Play Symbols If a player matches any of the YOUR DOGS Play Symbols to the WINNING DOG Play Symbol the player wins the PRIZE for that dog No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket

21 Scratch Ticket Validation Requirements

A To be a valid Scratch Ticket all of the following requirements must be met

1 Exactly 8 (eight) Play Symbols must appear under the Latex Over-print on the front portion of the Scratch Ticket

2 Each of the Play Symbols must have a Play Symbol Caption under-neath unless specified and each Play Symbol must agree with its Play Symbol Caption

3 Each of the Play Symbols must be present in its entirety and be fully legible

4 Each of the Play Symbols must be printed in black ink except for dual image games

5 The Scratch Ticket shall be intact

6 The Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be present in their entirety and be fully legible

7 The Serial Number must correspond using the Texas Lotterys codes to the Play Symbols on the Scratch Ticket

8 The Scratch Ticket must not have a hole punched through it be mutilated altered unreadable reconstituted or tampered with in any manner

9 The Scratch Ticket must not be counterfeit in whole or in part

10 The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner

11 The Scratch Ticket must not have been stolen nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery

12 The Play Symbols Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be right side up and not reversed in any manner

13 The Scratch Ticket must be complete and not miscut and have exactly 8 (eight) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket exactly one Serial Number exactly one Retailer Validation Code and exactly one Pack-Scratch Ticket Number on the Scratch Ticket

14 The Serial Number of an apparent winning Scratch Ticket shall cor-respond with the Texas Lotterys Serial Numbers for winning Scratch Tickets and a Scratch Ticket with that Serial Number shall not have been paid previously

15 The Scratch Ticket must not be blank or partially blank misregis-tered defective or printed or produced in error

16 Each of the 8 (eight) Play Symbols must be exactly one of those described in Section 12C of these Game Procedures

17 Each of the 8 (eight) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery

18 The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery and

19 The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines

B The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures the Texas Lotterys Rules governing the award of prizes of the amount to be validated and any confidential validation and security tests of the Texas Lottery

C Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid However the Executive Director may solely at the Executive Directors discretion refund the retail sales price of the Scratch Ticket In the event a de-fective Scratch Ticket is purchased the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket solely at the Executive Directors discretion

22 Programmed Game Parameters

A Consecutive Non-Winning Tickets within a Pack will not have matching patterns in the same order of either Play Symbols or Prize Symbols

43 TexReg 804 February 9 2018 Texas Register

B The top Prize Symbol will appear on every Ticket unless restricted by other parameters play action or prize structure

C No matching non-winning YOUR DOGS Play Symbols on a Ticket

D A non-winning Prize Symbol will never match a winning Prize Sym-bol

E No matching non-winning Prize Symbols on a Ticket unless re-stricted by other parameters play action or prize structure

23 Procedure for Claiming Prizes

A To claim a LUCKY DOG Scratch Ticket Game prize of $100 $200 $500 $1000 $2000 $5000 $100 or $500 a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer The Texas Lottery Retailer shall verify the claim and if valid and upon presentation of proper identification if appropriate make payment of the amount due the claimant and physically void the Scratch Ticket provided that the Texas Lottery Retailer may but is not required to pay a $5000 $100 or $500 Scratch Ticket Game In the event the Texas Lottery Retailer cannot verify the claim the Texas Lottery Retailer shall provide the claimant with a claim form and in-struct 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 23B of these Game Procedures

B As an alternative method of claiming a LUCKY DOG Scratch Ticket Game prize the claimant must sign the winning Scratch Ticket thoroughly complete a claim form and mail both to Texas Lottery Commission PO Box 16600 Austin Texas 78761-6600 The Texas Lottery is not responsible for Scratch Tickets lost in the mail In the event that the claim is not validated by the Texas Lottery the claim shall be denied and the claimant shall be notified promptly

C Prior to payment by the Texas Lottery of any prize the Texas Lottery shall deduct

1 A sufficient amount from the winnings of a prize winner who has been finally determined to be

a delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code sect403055

b in default on a loan made under Chapter 52 Education Code or

c in default on a loan guaranteed under Chapter 57 Education Code and

2 delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231 Family Code

D If a person is indebted or owes delinquent taxes to the State other than those specified in the preceding paragraph the winnings of a per-son shall be withheld until the debt or taxes are paid

24 Allowance for Delay of Payment The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director under any of the following circumstances

A if a dispute occurs or it appears likely that a dispute may occur regarding the prize

B if there is any question regarding the identity of the claimant

C if there is any question regarding the validity of the Scratch Ticket presented for payment or

D if the claim is subject to any deduction from the payment otherwise due as described in Section 23C of these Game Procedures No liabil-ity for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim

25 Payment of Prizes to Persons Under 18 If a person under the age of 18 years is entitled to a cash prize under $600 from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deliver to an adult member of the minors family or the minors guardian a check or war-rant in the amount of the prize payable to the order of the minor

26 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deposit the amount of the prize in a custodial bank account with an adult member of the minors family or the minors guardian serving as custodian for the minor

27 Scratch Ticket Claim Period All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military person-nel as set forth in Texas Government Code sect466408 Any rights to a prize that is not claimed within that period and in the manner specified in these Game Procedures and on the back of each Scratch Ticket shall be forfeited

28 Disclaimer The number of prizes in a game is approximate based on the number of Scratch Tickets ordered The number of actual prizes available in a game may vary based on number of Scratch Tickets man-ufactured testing distribution sales and number of prizes claimed A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed

30 Scratch Ticket Ownership

A Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket When a signature is placed on the back of the Scratch Ticket in the space designated the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto Notwithstanding any name or names submitted on a claim form the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated If more than one name appears on the back of the Scratch Ticket the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment

B The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket

40 Number and Value of Scratch Ticket Prizes There will be approx-imately 9120000 Scratch Tickets in Scratch Ticket Game No 2071 The approximate number and value of prizes in the game are as fol-lows

IN ADDITION February 9 2018 43 TexReg 805

A The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission

50 End of the Scratch Ticket Game The Executive Director may at any time announce a closing date (end date) for the Scratch Ticket Game No 2071 without advance notice at which point no further Scratch Tickets in that game may be sold The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Scratch Ticket Game Rules See 16 TAC sect401302(j)

60 Governing Law In purchasing a Scratch Ticket the player agrees to comply with and abide by these Game Procedures for Scratch Ticket Game No 2071 the State Lottery Act (Texas Government Code Chap-ter 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-201800382 Bob Biard General Counsel Texas Lottery Commission Filed January 30 2018

diams diams diams Public Utility Commission of Texas Major Consulting Services Contract RFP No 473-17-00005 Project No 47410

Contract No 473-17-00005 for a financial audit of the Texas Universal Service Fund and internal control audit of the Texas Universal Service Fund Administrator

Consultant

Hurlbert CPA LLC

PO Box 615

Liberty MO 64063

Contract No 473-17-00005 expires April 30 2021

Compensation $159000

Contractor will submit a draft audit for FY 2017 by March 15 2018 and a final audit by May 15 2018

For FY 2018 2019 2020 - Draft audit due by the last working day in January following the close of the fiscal year audited Final audit due by the last working day in March following the close of the fiscal year audited

Public Utility Commission of Texas

1701 N Congress Avenue

Austin TX 78711

Point of contact jaystonepuctexasgov

Publication in Texas Register after entering into major consulting ser-vices contract required by Texas Government Code sect2254030 TRD-201800380

43 TexReg 806 February 9 2018 Texas Register

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Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Service Provider Certificate of Operating Authority

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 29 2018 in accordance with Public Utility Regulatory Act sectsect54151 - 54156

Docket Title and Number Application of Aeon Communications LLC for an Amendment to its Service Provider Certificate of Operating Au-thority Docket Number 47993

Applicant seeks to amend service provider certificate of operating au-thority number 60882 to reflect discontinuation of certain telecommu-nications services and to permanently withdraw from offering any ser-vices in the State of Texas

Persons wishing to comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than February 23 2018 Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47993 TRD-201800391 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 24 2018 to amend certificates of convenience and necessity in Medina County

Docket Style and Number Application of the City of Castroville to Amend its Water Certificate of Convenience and Necessity and to De-certify a Portion of New Alsace Water Supply Corporations Service Area in Medina County Docket Number 47985

The Application The City of Castroville filed an application to amend its water certificate of convenience and necessity (CCN) No 10218 and to decertify a portion of New Alsace Water Supply Corporations service area under CCN No 12558 in Medina County The total area being requested includes approximately 7 acres and no current cus-tomers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47985 TRD-201800384 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

Notice of Application to Amend Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Util-ity Commission of Texas on January 17 2018 to amend a certificate of convenience and necessity (CCN) in Hays County

Docket Style and Number Application of the City of Dripping Springs to Amend a Water Certificate of Convenience and Necessity in Hays County Docket Number 47957

The Application The City of Dripping Springs filed an application to amend its water CCN No 13030 to add service area in Hays County The total area being requested includes approximately 522 acres and zero current customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47957 TRD-201800386 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend Water Certificates of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Com-mission of Texas (commission) on January 23 2018 of an applica-tion to amend water certificates of convenience and necessity (CCN) in Rockwall and Kaufman Counties

Docket Style and Number Application of the City of Heath to Amend a Water Certificate of Convenience and Necessity Under Water Code sect13255 and to Decertify a Portion of Forney Lake Water Supply Cor-porations Service Area in Rockwall and Kaufman Counties Docket Number 47979

The Application The City of Heath filed an application to amend water CCN No 12060 to provide water service to the Forney Lake Water Supply Corporations (FLWS) CCN area and to decertify a portion of the FLWS CCN No 10086 in Rockwall and Kaufman Counties The total area being removed from CCN No 10086 includes approximately 2600 acres and 839 customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47979 TRD-201800330 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 807

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Texas Racing Commission Notice of Deadline Pursuant to sect313 of the Texas Racing Act Texas Revised Civil Statutes Ann Art 179e and Title 16 Texas Administrative Code sect309299 the Executive Director for the Texas Racing Commission provides notice that Monday March 1 2018 is the deadline to request Commission recognition as the horsemens representative organization

Section 313 of the Texas Racing Act authorizes the Commission to recognize an organization to represent members of a segment of the racing industry including owners breeders trainers kennel operators and other persons involved in the racing industry In 16 TAC sect309299 the Commission has adopted criteria for being recognized as the organ-ization to represent horse owners and trainers This organization will be responsible for negotiating with each licensed racetrack regarding the racetracks live racing programs including but not limited to the allocation of purse money to various live races the exporting of simul-cast signals and the importing of simulcast signals during live race meetings

To be eligible for recognition as the horsemens representative organi-zation each officer and director of the organization during the two-year

term of the recognition must be licensed by the Commission as an owner or trainer The Commission will also review the experience and qualifications of the organizations directors executive officers and management personnel the organizations benevolence programs and the degree to which the organizations membership represents a fair and equitable cross-section of the horse owners and trainers participating at each of the racetracks in this state The organization is subject to audit by the Texas Racing Commission

To request recognition an organization must file a written request on a form prescribed by the Executive Director To obtain a copy of the form or for more information interested persons should contact Devon Bi-jansky General Counsel Texas Racing Commission PO Box 12080 Austin Texas 78711-2080 (512) 833-6699 FAX (512) 833-6907 TRD-201800304 Devon Bijansky General Counsel Texas Racing Commission Filed January 24 2018

43 TexReg 808 February 9 2018 Texas Register

tunity 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 March 13 2018 TWC sect7075 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 require-ments of the statutes and rules within the commissions jurisdiction or the commissions orders and permits issued in accordance with the commissions regulatory authority Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments

A copy of each proposed AO is available for public inspection at both the commissions central office located at 12100 Park 35 Circle Build-ing C 1st Floor Austin Texas 78753 (512) 239-2545 and at the appli-cable regional office listed as follows Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commissions central office at PO Box 13087 Austin Texas 78711-3087 and must be received by 500 pm on March 13 2018 Written comments may also be sent by facsimile machine to the en-forcement coordinator at (512) 239-2550 The commissions enforce-ment coordinators are available to discuss the AOs andor the comment procedure at the listed phone numbers however TWC sect7075 pro-vides that comments on the AOs shall be submitted to the commission in writing

(1) COMPANY 4 Way Bar and Grill LLC DOCKET NUMBER 2017-1333-PWS-E IDENTIFIER RN107100901 LOCATION Lakehills Bandera County TYPE OF FACILITY public water sup-ply RULES VIOLATED 30 TAC sect29046(v) by failing to ensure that the electrical wiring is securely installed in compliance with a local or national electrical code 30 TAC sect29041(c)(3)(M) by failing to pro-vide a suitable sampling tap on the discharge pipe of the facilitys well pump prior to any treatment 30 TAC sect29045(d)(2)(B)(v) and Texas Health and Safety Code sect3410315(c) by failing to provide a min-imum pressure tank capacity of 220 gallons 30 TAC sect29046(s)(1) by failing to calibrate the facilitys well meter at least once every three years 30 TAC sect29046(n)(1) by failing to maintain accurate and up-to-date detailed as-built plans or record drawings for each treatment plant pump station and storage tanks at the public water system until the facility is decommissioned 30 TAC sect29046(m)(4) by failing to maintain all water treatment units storage and pressure maintenance facilities distribution system lines and related appur-tances in a watertight condition and free of excessive solids 30 TAC sect29043(e) by failing to install all potable water storage tanks and pressure maintenance facilities in a lockable building or enclosed by an intruder-resistant fence with lockable gates and 30 TAC sect29046(m) by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the systems facilities and equipment PENALTY $730 ENFORCEMENT CO-ORDINATOR Jason Fraley (512) 239-2552 REGIONAL OFFICE 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096

(2) COMPANY Allen Watts dba Lago Vista Water System DOCKET NUMBER 2017-1331-PWS-E IDENTIFIER RN102676350 LO-CATION Luling Guadalupe County TYPE OF FACILITY public water supply RULES VIOLATED 30 TAC sect29046(d)(2)(A) and sect290110(b)(4) and Texas Health and Safety Code sect3410315(c) by failing to maintain a disinfectant residual of at least 02 milligrams per liter of free chlorine throughout the distribution system at all times and 30 TAC sect29039(m) by failing to provide written notifi-cation of the reactivation of an existing public water supply system PENALTY $313 ENFORCEMENT COORDINATOR Steven Hall (512) 239-2569 REGIONAL OFFICE 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096

(3) COMPANY Ann Robinson dba Beachview Acres Water Asso-ciation DOCKET NUMBER 2017-0158-PWS-E IDENTIFIER RN101437135 LOCATION Hillsboro Hill County TYPE OF FACILITY public water supply RULES VIOLATED 30 TAC sect29041(c)(1)(F) by failing to obtain a sanitary control easement 30 TAC sect29046(f)(2) (3)(B)(iv) and (D)(ii) by failing to maintain water works operation and maintenance records and make them available for review by commission personnel 30 TAC sect29046(e)(4)(A) and Texas Health and Safety Code (THSC) sect341033(a) by failing to operate the facility under the direct supervision of an operator who holds a Class D or higher license 30 TAC sect29046(m)(4) by failing to maintain all treatment units storage and pressure maintenance facilities distribution system lines and related appurtenances in a watertight condition 30 TAC sect29046(d)(2)(A) and sect290110(b)(4) and THSC sect3410315(c) by failing to maintain a disinfectant residual of at least 02 milligrams per liter of free chlorine throughout the distribution system at all times 30 TAC sectsect29046(f)(4) 290106(c) and (e) and 290122(c)(2)(A) and (f) by failing to collect an asbestos sample have the sample analyzed and report the results to the ex-ecutive director (ED) and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect the asbestos sample 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples 30 TAC sect290117(c)(2)(C) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap and 30 TAC sect290122(c)(2)(A) and (f) by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit the Disinfectant Level Quar-terly Operating Report and regarding the failure to collect the nitrate sample PENALTY $1855 ENFORCEMENT COORDINATOR Ryan Byer (512) 239-2537 REGIONAL OFFICE 6801 Sanger Avenue Suite 2500 Waco Texas 76710-7826 (254) 751-0335

(4) COMPANY BARI GROUP INCORPORATED dba Mini Mart DOCKET NUMBER 2017-1190-PST-E IDENTIFIER RN101432847 LOCATION Palestine Anderson County TYPE OF FACILITY convenience store with retail sales of gasoline RULES VIOLATED 30 TAC sect37815(a) and (b) by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks (USTs) 30 TAC sect33449(c)(2)(C) and (4) and TWC sect263475(d) by failing to inspect the impressed current cathodic protection system at least once every 60 days to ensure that the rectifier and system components are operating properly and failing to test the corrosion protection system for operability and adequacy of protection at a frequency of at least once every three years 30 TAC sect33448(c) and sect33450(b)(1)(A) and TWC sect263475(c)(1) by failing to conduct effective manual or automatic inventory control procedures for all USTs involved in the retail sale of petroleum substances used as motor fuel and failing to monitor the USTs for releases at a frequency of at least once every month and 30 TAC sect334602(a) and (4) by failing to designate train and certify at least one Class C operator for the facility and failing to ensure that at least one certified oper-ator is present at the facility during hours of operation PENALTY $12194 ENFORCEMENT COORDINATOR Jonathan Nguyen (512) 239-1661 REGIONAL OFFICE 2916 Teague Drive Tyler Texas 75701-3734 (903) 535-5100

43 TexReg 792 February 9 2018 Texas Register

(5) COMPANY BASF Corporation DOCKET NUMBER 2017-1100-AIR-E IDENTIFIER RN100218049 LOCATION Freeport Brazoria County TYPE OF FACILITY chemical man-ufacturing plant RULES VIOLATED 30 TAC sectsect10120(3) 116115(b)(2)(F) and (c) and 122143(4) Texas Health and Safety Code (THSC) sect382085(b) Federal Operating Permit (FOP) Number O1927 General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 15 and New Source Review Permit Num-bers 9513A and PSDTX641M1 Special Conditions Number 1 by failing to prevent unauthorized emissions 30 TAC sect101201(a)(1)(B) and sect122143(4) FOP Number O1927 STC Number 2F and THSC sect382085(b) by failing to submit the initial notification for a reportable emissions event no later than 24 hours after discovery of an emissions event and 30 TAC sect122143(4) and sect122146(2) THSC sect382085(b) and FOP Number O1536 GTC by failing to submit a permit compli-ance certification no later than 30 days after the end of the certification period PENALTY $142063 Supplemental Environmental Project offset amount of $71031 ENFORCEMENT COORDINATOR Shelby Orme (512) 239-4575 REGIONAL OFFICE 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(6) COMPANY City of Beaumont DOCKET NUMBER 2017-0406-PWS-E IDENTIFIER RN101253094 LOCATION Beaumont Jef-ferson County TYPE OF FACILITY public water supply RULES VIOLATED 30 TAC sect29046(d)(2)(B) and sect290110(b)(4) and Texas Health and Safety Code sect3410315(c) by failing to maintain a dis-infectant residual of at least 05 milligrams per liter of chloramine throughout the distribution system at all times 30 TAC sect29046(q)(1) by failing to issue a boil water notification to customers of the facil-ity within 24 hours of a low disinfectant residual using the prescribed notification format as specified in 30 TAC sect29047(c) and 30 TAC sect29046(m)(4) by failing to maintain all water treatment units stor-age and pressure maintenance facilities distribution system lines and related appurtenances in a watertight condition PENALTY $12893 Supplemental Environmental Project offset amount of $12893 EN-FORCEMENT COORDINATOR Steven Hall (512) 239-2569 RE-GIONAL OFFICE 3870 Eastex Freeway Beaumont Texas 77703-1830 (409) 898-3838

(7) COMPANY City of DeSoto DOCKET NUMBER 2017-1500-PWS-E IDENTIFIER RN101419141 LOCATION Desoto Dallas County TYPE OF FACILITY public water supply RULES VIO-LATED 30 TAC sect29046(d)(2)(B) and sect290110(b)(4) and Texas Health and Safety Code sect3410315(c) by failing to operate the disinfection equipment to maintain a minimum disinfectant residual of 05 milligrams per liter chloramine throughout the distribution system at all times PENALTY $120 ENFORCEMENT COORDINATOR Sarah Kim (512) 239-4728 REGIONAL OFFICE 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(8) COMPANY City of Edmonson DOCKET NUMBER 2017-1297-PWS-E IDENTIFIER RN101205375 LOCATION Edmonson Hale County TYPE OF FACILITY public water supply RULES VIO-LATED 30 TAC sect290117(c)(2)(A) (h) and (i)(1) by failing to collect lead and copper tap samples at the required ten sample sites have the samples analyzed and report the results to the executive director (ED) 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples 30 TAC sect290117(c)(2)(C) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap sam-ples at the required five sample sites have the samples analyzed and re-port the results to the ED and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure

to collect lead and copper tap samples and 30 TAC sect290122(c)(2)(A) and (f) by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit the Dis-infectant Level Quarterly Operating Report and regarding the failure to conduct routine coliform sampling PENALTY $845 ENFORCE-MENT COORDINATOR Jason Fraley (512) 239-2552 REGIONAL OFFICE 5012 50th Street Suite 100 Lubbock Texas 79414-3426 (806) 796-7092

(9) COMPANY City of Garland Power and Light DOCKET NUM-BER 2017-1358-AIR-E IDENTIFIER RN100214766 LOCATION Denton Denton County TYPE OF FACILITY power plant RULES VIOLATED 30 TAC sect122143(4) and sect122145(2)(C) Texas Health and Safety Code (THSC) sect382085(b) and Federal Operating Per-mit (FOP) Number O84 General Terms and Conditions (GTC) by failing to submit deviation reports within 30 days after the end of the reporting periods 30 TAC sect122143(4) and sect122145(2)(C) THSC sect382085(b) and FOP Number O84 GTC by failing to report all instances of deviations and 30 TAC sect1171345(d) and sect122143(4) THSC sect382085(b) and FOP Number O84 Special Terms and Con-ditions Number 1A by failing to submit semiannual reports within 30 days after the end of each calendar semiannual period PENALTY $21450 ENFORCEMENT COORDINATOR David Carney (512) 239-2583 REGIONAL OFFICE 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(10) COMPANY City of Richardson DOCKET NUMBER 2017-1492-WQ-E IDENTIFIER RN101391480 LOCATION Richardson Dallas County TYPE OF FACILITY sanitary sewer collection sys-tem RULE VIOLATED TWC sect26121(a)(1) by failing to prevent the unauthorized discharge of municipal waste into or adjacent to any water in the state PENALTY $5625 Supplemental Environmental Project offset amount of $5625 ENFORCEMENT COORDINATOR Caleb Olson (512) 239-2541 REGIONAL OFFICE 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(11) COMPANY DUBLIN STOP GROUP INCORPORATED dba Dublin Stop DOCKET NUMBER 2017-1440-PST-E IDENTI-FIER RN102019536 LOCATION Dublin Erath County TYPE OF FACILITY convenience store with retail sales of gasoline RULES VIOLATED 30 TAC sect33472 by failing to report a suspected release to the agency within 24 hours of discovery and 30 TAC sect33474 by failing to investigate a suspected release of a regulated substance within 30 days of discovery PENALTY $16352 ENFORCEMENT COORDINATOR Danielle Porras (719) 767-3682 REGIONAL OFFICE 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(12) COMPANY Harris County Fresh Water Supply District 1-A DOCKET NUMBER 2017-1110-PWS-E IDENTIFIER RN104424320 LOCATION Baytown Harris County TYPE OF FACILITY public water supply RULES VIOLATED 30 TAC sect290117(i)(6) and (j) by failing to provide a consumer notification of lead tap water monitoring results to persons served at the sites that were tested and failing to mail a copy of the consumer notification of tap results to the executive director (ED) along with certification that the consumer notification has been distributed for the

January 1 2016 - December 31 2016 monitoring period and 30 TAC sect290122(c)(2)(A) and (f) by failing to provide public notification and submit a copy of the public notification to the ED regarding the fail-ure to conduct repeat coliform monitoring during the month of July 2013 and regarding the failure to conduct increased coliform monitor-ing during the month July 2014 PENALTY $157 ENFORCEMENT COORDINATOR Ross Luedtke (512) 239-3157 REGIONAL OF-FICE 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

IN ADDITION February 9 2018 43 TexReg 793

(13) COMPANY Industrial Asphalt LLC DOCKET NUMBER 2017-1421-AIR-E IDENTIFIER RN108082330 LOCATION Schertz Comal County TYPE OF FACILITY hot mix asphalt plant RULES VIOLATED 30 TAC sect116115(c) Texas Health and Safety Code sect382085(b) Standard Permit Registration Number 130426 and Air Quality Standard Permit for Hot Mix Asphalt Plants General Requirements (1)(H) by failing to prevent visible fugitive emissions from leaving the property for a period exceeding 30 seconds in any six-minute period PENALTY $2625 ENFORCEMENT COORDI-NATOR Shelby Orme (512) 239-1001 REGIONAL OFFICE 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096

(14) COMPANY Intergulf Corporation DOCKET NUMBER 2017-1013-AIR-E IDENTIFIER RN105127476 LOCATION La Porte Harris County TYPE OF FACILITY petrochemical plant RULES VIOLATED 30 TAC sect116115(c) New Source Review (NSR) Per-mit Number 85092 Special Conditions (SC) Number 16A and Texas Health and Safety Code (THSC) sect382085(b) by failing to comply with permitted sampling requirements 30 TAC sect116115(c) NSR Per-mit Number 85092 SC Number 16A and THSC sect382085(b) by failing to submit a permit application no later than 30 days after de-tecting volatile organic compounds from the final canister 30 TAC sect116115(c) NSR Permit Number 85092 SC Number 16B(1) and THSC sect382085(b) by failing to calibrate the flame ionization detec-tor immediately prior to performing sampling of the Carbon Adsorpo-tion System (CAS) 30 TAC sect116115(c) NSR Permit Number 85092 SC Number 16D and THSC sect382085(b) by failing to maintain adequate records for sampling of the CAS and 30 TAC sect116115(c) and sect1172035(e)(9) NSR Permit Number 85092 SC Number 23 and THSC sect382085(b) by failing to submit a stack test report within 60 days after the test was complete PENALTY $46147 Supplemental Environmental Project offset amount of $18450 ENFORCEMENT COORDINATOR David Carney (512) 239-2583 REGIONAL OF-FICE 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(15) COMPANY JC ALL SEASONS MARKET INCORPO-RATED DOCKET NUMBER 2017-1282-PST-E IDENTIFIER RN101435055 LOCATION Houston Harris County TYPE OF FACILITY a convenience store with retail sales of gasoline RULES VIOLATED 30 TAC sect33450(b)(2) and TWC sect263475(a) by failing to provide release detection for the pressurized piping associated with the underground storage tank system and 30 TAC sect115225 Texas Health and Safety Code sect382085(b) and 40 Code of Federal Regulations sect6311120(a) by failing to conduct the annual testing of the Stage I equipment PENALTY $3603 ENFORCEMENT COORDINATOR Epifanio Villarreal (361) 825-3421 REGIONAL OFFICE 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(16) COMPANY Luis Enrique Estrada DOCKET NUMBER 2017-1119-MSW-E IDENTIFIER RN109302489 LOCATION Belton Bell County TYPE OF FACILITY unauthorized municipal solid waste (MSW) site RULES VIOLATED 30 TAC sect33015(a) and (c) by failing to cause suffer allow or permit the unauthorized disposal of MSW PENALTY $1312 ENFORCEMENT COORDI-NATOR John Paul Fennell (512) 239-2616 REGIONAL OFFICE 6801 Sanger Avenue Suite 2500 Waco Texas 76710-7826 (254) 751-0335

(17) COMPANY Medina Childrens Home DOCKET NUMBER 2017-1262-PST-E IDENTIFIER RN101252146 LOCATION Medina Bandera County TYPE OF FACILITY fleet refueling facility RULES VIOLATED 30TAC sect33450(b)(1)(A) and TWC sect263475(c)(1) by failing to monitor the underground storage tank for releases at a frequency of at least once every month PENALTY

$3263 ENFORCEMENT COORDINATOR John Paul Fennell (512) 239-2616 REGIONAL OFFICE 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096

(18) COMPANY Pasadena Refining System Incorporated DOCKET NUMBER 2014-0228-MLM-E IDENTIFIER RN100716661 LO-CATION Pasadena Harris County TYPE OF FACILITY petroleum refinery RULES VIOLATED 30 TAC sect115729(b) and Texas Health and Safety Code (THSC) sect382085(b) by failing to demonstrate initial compliance with the vent gas control requirements by no later than 60 days after being brought into Highly Reactive Volatile Organic Compound (HRVOC) service for the SZORB Heater Emissions Point Number (EPN) HTLSG001 the Crude Heater 4 (EPN HTCRU004) the Atmospheric and Vacuum Tower Heaters (EPN HTCRU001-S) and Hydrotreater RH1 and RH2 Heaters (EPNs HTREF001 and HTREF002) 30 TAC sect115726(a)(2) and THSC sect382085(b) by failing to submit written notification to the Houston Regional Office at least 45 days prior to conducting vent gas stream testing 30 TAC sect122132(e)(2)(A) and sect122210(a) and THSC sect382085(b) by failing to submit an application for a revision to Federal Operating Permit (FOP) Number O1544 to add the applicable requirements for each emissions unit 30 TAC sect116115(c) and sect122143(4) THSC sect382085(b) FOP Number O1544 Special Terms and Conditions (STC) Numbers 1A 17 and 22A(i)2 and New Source Review (NSR) Permit Numbers 20246 22039 and 56389 Special Conditions (SC) Number 1 by failing to comply with the permitted emissions rate 30 TAC sect116115(c) and sect122143(4) FOP Number O1544 STC Number 17 NSR Permit Number 56389 SC Number 29C and THSC sect382085(b) by failing to demonstrate initial compliance for nitrogen oxides (NO

x) carbon monoxide (CO) and sulfur dioxide before the deadline for the Atmospheric and Vacuum Tower Heaters (EPN HTCRU001-S) 30 TAC sect117335(a) and sect1179020(2)(A)(ii)(I) and (C)(i) and THSC sect382085(b) by failing to demonstrate initial compliance for NOx

for Hydrotreater RH1 and RH2 Heaters (EPNs HTREF001 and HTREF002) 30 TAC sect117345(c)(1) and THSC sect382085(b) by failing to submit a stack test report within 60 days after conducting a stack test 30 TAC sect116115(c) and sect122143(4) FOP Number O1544 STC Numbers 1A and 17 NSR Permit Number 56389 SC Numbers 1 20 and 21 and THSC sect382085(b) by failing to comply with the permitted emissions rates and emissions limits 30 TAC sect116115(c) and sect122143(4) FOP Number O1544 STC Numbers 1A and 17 NSR Permit Number 56389 SC Number 21 and THSC sect382085(b) by failing to limit the CO concentration to 100 parts per million by volume corrected to 3 oxygen 30 TAC sect115725(a)(1)(C) and sect122143(4) FOP Number O1544 STC Number 1A and THSC sect382085(b) by failing to comply with the established fuel gas flow rates 30 TAC sectsect10120(1) 101221(a) 116115(c) and 122143(4) FOP Number O1544 STC Number 17 40 Code of Federal Regulations sect6018(c)(2) NSR Permit Number 56389 SC Numbers 1 and 6B NSR Permit Number 20246 SC Number 1 and THSC sect382085(b) by failing to prevent unautho-rized emissions 30 TAC sect116115(c) and sect122143(4) FOP Number O1544 STC Numbers 1A and 17 NSR Permit Number 56389 SC Numbers 1 20 and 21 and THSC sect382085(b) by failing to comply with the permitted emissions rates and emissions limits and TWC sect26121(a)(1) 30 TAC sect305125(1) and Texas Pollutant Discharge Elimination System Permit Number WQ0000574000 Effluent Limi-tations and Monitoring Requirements Number 1 for Outfall Number 002 by failing to comply with the permitted effluent limitations PENALTY $907191 Supplemental Environmental Project offset amount of $453595 ENFORCEMENT COORDINATOR Raime Hayes-Falero (713) 767-3567 REGIONAL OFFICE 5425 Polk Avenue Suite H Houston Texas 77023-1486 (713) 767-3500

43 TexReg 794 February 9 2018 Texas Register

(19) COMPANY SEHER ENTERPRISE INCORPORATED dba Best Food Mart DOCKET NUMBER 2017-0890-PST-E IDENTIFIER RN102901535 LOCATION Tomball Harris County TYPE OF FACILITY convenience store with retail sales of gasoline RULES VIOLATED 30 TAC sect33449(a)(1) and TWC sect263475(d) by failing to provide corrosion protection for the underground storage tank (UST) system 30 TAC sect33450(b)(2) and TWC sect263475(a) by failing to provide release detection for the pressurized piping associated with the UST system and 30 TAC sect115225 Texas Health and Safety Code sect382085(b) and 40 Code of Federal Regulations sect6311120(a) by failing to comply with annual Stage I vapor recovery testing require-ments PENALTY $8478 ENFORCEMENT COORDINATOR Danielle Porras (713) 767-3682 REGIONAL OFFICE 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(20) COMPANY SHADY GROVE NUMBER 2 WATER SUPPLY CORPORATION DOCKET NUMBER 2017-1506-PWS-E IDEN-TIFIER RN101457760 LOCATION Sulphur Springs Hopkins County TYPE OF FACILITY public water supply RULES VI-OLATED 30 TAC sect290117(c)(2)(A) (h) and (i)(1) by failing to collect lead and copper tap samples at the required 20 sample sites have the samples analyzed and report the results to the executive di-rector (ED) for the January 1 2017 - June 30 2017 monitoring period 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required ten sample sites have the samples analyzed and report the results to the ED for the January 1 2016 - December 31 2016 monitoring period and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1 2016 - December 31 2016 monitoring period and 30 TAC sect290117(c)(2)(C) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required ten sample sites have the samples analyzed and report the results to the ED for the January 1 2013 - December 31 2015 monitoring period and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1 2013 - December 31 2015 monitoring period PENALTY $639 ENFORCEMENT COORDINATOR Steven Hall (512) 239-2569 REGIONAL OFFICE 2916 Teague Drive Tyler Texas 75701-3734 (903) 535-5100

(21) COMPANY SOIL BUILDING SYSTEMS INCORPO-RATED DOCKET NUMBER 2017-1516-MSW-E IDENTIFIER RN109611822 LOCATION Dallas Dallas County TYPE OF FA-CILITY composting and recycling facility RULES VIOLATED 30 TAC sect3285(b) by failing to submit a Notice of Intent to the executive director prior to the commencement of recycling activities 30 TAC sect3285(c)(1) by failing to provide a written cost estimate showing the cost of hiring a third party to close the facility by disposition of all processed and unprocessed materials 30 TAC sect3285(f)(1) and (2) by failing to maintain recycling records to show compliance with the requirements for limitations on storage of recyclable materials and reasonable efforts to maintain source-separation of materials received by the facility and 30 TAC sect3285(d) and sect37921 by failing to establish and maintain financial assurance for the closure of the facility that stores combustible materials outdoors PENALTY $4876 ENFORCEMENT COORDINATOR Margarita Dennis (817) 588-5892 REGIONAL OFFICE 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(22) COMPANY Solutia Incorporated DOCKET NUMBER 2017-1313-AIR-E IDENTIFIER RN103057568 LOCATION Alvin Brazoria County TYPE OF FACILITY chemical manufactur-ing plant RULES VIOLATED 30 TAC sectsect115354(2)(c) 116115(c) and 122143(4) New Source Review (NSR) Permit Number 3046

Special Conditions (SC) Number 9F Federal Operating Permit (FOP) Number O2317 Special Terms and Conditions (STC) Numbers 1A and 17 and Texas Health and Safety Code (THSC) sect382085(b) by failing to conduct Leak Detection and Repair monitoring on 173 out of 184 valves in gasvapor service during the third quarter of 2015 30 TAC sect116115(c) and sect122143(4) NSR Permit Number 3046 SC Number 5B FOP Number O2317 STC Number 17 and THSC sect382085(b) by failing to comply with the maximum liquid surface temperature of 140 degree Fahrenheit and 30 TAC sect122143(4) and sect122145(2)(A) FOP Number O2317 General Terms and Condi-tions and THSC sect382085(b) by failing to report all instances of deviations PENALTY $9682 ENFORCEMENT COORDINATOR David Carney (512) 239-2583 REGIONAL OFFICE 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(23) COMPANY Southwest Convenience Stores LLC dba 7 Eleven 57812 and 7 Eleven 57816 DOCKET NUMBER 2016-1411-PST-E IDENTIFIERS RN102410701 (Facility 1) and RN102436987 (Facil-ity 2) LOCATION Midland Midland County TYPE OF FACILITY convenience store with retail sales of gasoline and diesel fuel RULES VIOLATED 30TAC sect33474 by failing to investigate a suspected release of regulated substance within 30 days of discovery (Facility 1 and 2) and 30TAC sect33472 by failing to report a suspected release to the TCEQ within 24 hours of discovery (Facility 1 and 2) PENALTY $37700 ENFORCEMENT COORDINATOR Tyler Richardson (512) 239-4872 REGIONAL OFFICE 3300 North A Street Building 4 Suite 107 Midland Texas 79705-5404 (432) 570-1359

(24) COMPANY Sunoco Partners Marketing and Terminals LP DOCKET NUMBER 2017-1251-AIR-E IDENTIFIER RN100214626 LOCATION Nederland Jefferson County TYPE OF FACILITY petroleum storage terminal RULES VIOLATED 30 TAC sectsect10120(3) 116115(b)(2)(F) and (c) and 122143(4) New Source Review Permit Numbers 56508 and PSDTX1444 Special Conditions Number 1 Federal Operating Permit (FOP) Number O1573 Special Terms and Conditions Number 10 and Texas Health and Safety Code (THSC) sect382085(b) by failing to comply with the permitted annual maximum allowable emissions rate and 30 TAC sect122145(2)(A) and sect122143(4) FOP Number O1573 General Terms and Conditions and THSC sect382085(b) by failing to report all instances of deviations PENALTY $47195 Supplemental Environmental Project offset amount of $18878 ENFORCEMENT COORDINATOR David Carney (512) 239-2583 REGIONAL OFFICE 3870 Eastex Freeway Beaumont Texas 77703-1830 (409) 898-3838

(25) COMPANY UTOPIA WATER SUPPLY CORPORA-TION DOCKET NUMBER 2017-1543-PWS-E IDENTIFIER RN101256980 LOCATION Utopia Uvalde County TYPE OF FACILITY public water supply RULES VIOLATED 30 TAC sect29044(h)(1)(A) by failing to install a backflow prevention assembly or an air gap at all residences or establishments where an actual or potential contamination hazard exists as identified in 30 TAC sect29047(f) 30 TAC sect29046(m)(4) by failing to maintain all distribu-tion system lines storage and pressure maintenance facilities water treatment units and all related appurtenances in a watertight condition and 30 TAC sect29042(b)(2)(C) by failing to provide all processes involving exposure of the water to atmospheric contamination with subsequent disinfection of the water ahead of ground storage tanks and be accomplished in a manner such that insects birds and other foreign materials will be excluded from the water PENALTY $250 ENFORCEMENT COORDINATOR Paige Bond (512) 239-2678 REGIONAL OFFICE 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096 TRD-201800379

IN ADDITION February 9 2018 43 TexReg 795

Charmaine Backens Director Litigation Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Enforcement Orders An agreed order was adopted regarding Venus Operating Corp dba Venus Food Mart Docket No 2016-1188-PST-E on January 30 2018 assessing $4125 in administrative penalties with $825 deferred Infor-mation concerning any aspect of this order may be obtained by contact-ing John Fennell Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding United States Department of Agriculture Docket No 2016-1329-PST-E on January 30 2018 as-sessing $3375 in administrative penalties with $675 deferred Infor-mation concerning any aspect of this order may be obtained by contact-ing Ronica Rodriguez Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Naresh P Patel dba Westside Grocery Docket No 2016-1490-PST-E on January 30 2018 assess-ing $3375 in administrative penalties with $675 deferred Informa-tion concerning any aspect of this order may be obtained by contacting Ronica Rodriguez Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding MERITOCRACY UNION INC dba Tex Mex Food Mart 1 Docket No 2016-1564-PST-E on January 30 2018 assessing $5754 in administrative penalties Information concerning any aspect of this order may be obtained by contacting Jess Robinson Staff Attorney at (512) 239-3400 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Saakshi Inc Docket No 2016-1758-PST-E on January 30 2018 assessing $4500 in administrative penalties with $900 deferred Information concerning any aspect of this order may be obtained by contacting Alejandro Laje Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SHIV OMKARA INC dba Bulldog Express Mart Docket No 2016-1871-PST-E on January 30 2018 assessing $3375 in administrative penalties with $675 deferred Information concerning any aspect of this order may be obtained by contacting Jonathan Nguyen Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Akbar Ali Momin dba Leander Grocery Docket No 2017-0171-PST-E on January 30 2018 assess-ing $3563 in administrative penalties with $712 deferred Informa-tion concerning any aspect of this order may be obtained by contact-ing Ross Luedtke Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Cliff J Chambers Docket No 2017-0339-OSS-E on January 30 2018 assessing $527 in administra-tive penalties Information concerning any aspect of this order may be obtained by contacting Jake Marx Staff Attorney at (512) 239-3400

Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding FRANKLIN EXPRESSWAY INC and G amp G LIONS INC dba Lions Den Exxon Docket No 2017-0545-PST-E on January 30 2018 assessing $3750 in administra-tive penalties with $750 deferred Information concerning any aspect of this order may be obtained by contacting Margarita Dennis Enforce-ment Coordinator at (512) 239-2545 Texas Commission on Environ-mental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Shane Taylor and Conway Clary Docket No 2017-0635-PST-E on January 30 2018 assess-ing $2250 in administrative penalties with $450 deferred Informa-tion concerning any aspect of this order may be obtained by contact-ing Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Monarch Mountain Minerals amp Aggregates LLC Docket No 2017-0639-AIR-E on January 30 2018 assessing $2550 in administrative penalties with $510 deferred Infor-mation concerning any aspect of this order may be obtained by contact-ing Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SHIVAM BUSINESS INC dba Lonestar Exxon Docket No 2017-0750-PST-E on January 30 2018 assessing $6879 in administrative penalties with $1375 deferred Information concerning any aspect of this order may be obtained by contacting Ken Moller Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding BUFFALO CHEVRON FOOD MART INC dba Chevron of Buffalo Docket No 2017-0780-PST-E on January 30 2018 assessing $2567 in administrative penalties with $513 deferred Information concerning any aspect of this order may be obtained by contacting Jonathan Nguyen Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding RAHIL INVESTMENTS INC dba West End Grocery Docket No 2017-0869-PST-E on January 30 2018 assessing $3375 in administrative penalties with $675 deferred Information concerning any aspect of this order may be obtained by contacting Caleb Olson Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Vishva Inc dba Pac N Go 905 Docket No 2017-0903-PST-E on January 30 2018 assessing $3000 in administrative penalties with $600 deferred Information concern-ing any aspect of this order may be obtained by contacting Farhaud Abbaszadeh Enforcement Coordinator at (512) 239-2545 Texas Com-mission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SilverBow Resources Operat-ing LLC Docket No 2017-0912-AIR-E on January 30 2018 assess-ing $7276 in administrative penalties with $1455 deferred Informa-tion concerning any aspect of this order may be obtained by contact-ing Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Gulmohar Enterprises Inc dba Honey Grove Gas and Grocery Docket No 2017-0952-PST-E on

43 TexReg 796 February 9 2018 Texas Register

January 30 2018 assessing $3129 in administrative penalties with $625 deferred Information concerning any aspect of this order may be obtained by contacting Ken Moller Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Legacy Reserves Operating LP Docket No 2017-0970-AIR-E on January 30 2018 assessing $4500 in administrative penalties with $900 deferred Information concerning any aspect of this order may be obtained by contacting Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Reliant Processing Group LLC Docket No 2017-1014-IWD-E on January 30 2018 assessing $5625 in administrative penalties with $1125 deferred Information concern-ing any aspect of this order may be obtained by contacting Sandra Dou-glas Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding CIRCLE K STORES INC dba CIRCLE K 2704034 Docket No 2017-1191-PST-E on January 30 2018 assessing $7500 in administrative penalties with $1500 deferred Information concerning any aspect of this order may be obtained by contacting Austin Henck Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SBE ENTERPRISES INC dba Ekko Fuels and Oil Docket No 2017-1213-PST-E on January 30 2018 assessing $1736 in administrative penalties with $347 deferred Information concerning any aspect of this order may be obtained by contacting Carlos Molina Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SUNSHINE FOOD MART INC dba Sunshine Food Mart Docket No 2017-1237-PST-E on January 30 2018 assessing $3750 in administrative penalties with $750 deferred Information concerning any aspect of this order may be obtained by contacting Caleb Olson Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087 TRD-201800401 Bridget C Bohac Chief Clerk Texas Commission on Environmental Quality Filed January 31 2018

diams diams diams Notice of a Proposed Renewal with Amendment of General Permit TXG830000 Authorizing the Discharge of Wastewater The Texas Commission on Environmental Quality (TCEQ or commis-sion) is proposing to renew and amend Texas Pollutant Discharge Elim-ination System General Permit TXG830000 This general permit au-thorizes the discharge of water contaminated by petroleum substances into or adjacent to water in the state The proposed general permit ap-plies to the entire state of Texas General permits are authorized by Texas Water Code sect26040

PROPOSED GENERAL PERMIT The executive director has pre-pared a draft general permit renewal with amendments of an existing general permit that authorizes the discharge of water contaminated by petroleum substances into or adjacent to water in the state No significant degradation of high quality waters is expected and existing uses will be maintained and protected The executive director proposes

to require certain dischargers to submit a Notice of Intent to obtain authorization to discharge

The executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) according to Coastal Coordination Advisory Committee regulations and has determined that the action is consistent with applicable CMP goals and policies

A copy of the proposed general permit and fact sheet are available for viewing and copying at the TCEQ Office of the Chief Clerk located at the TCEQ Austin office at 12100 Park 35 Circle Building F These documents are also available at the TCEQs 16 regional offices and on the TCEQ website at httpwwwtceqtexasgovpermittingwaste-watergeneralindexhtml

PUBLIC COMMENTPUBLIC MEETING You may submit public comments or request a public meeting about this proposed general per-mit The purpose of a public meeting is to provide the opportunity to submit written or oral comment or to ask questions about the proposed general permit Generally the TCEQ will hold a public meeting if the executive director determines that there is a significant degree of public interest in the proposed general permit or if requested by a state legis-lator A public meeting is not a contested case hearing

Written public comments must be received by the Office of the Chief Clerk MC 105 TCEQ PO Box 13087 Austin Texas 78711-3087 or electronically at wwwtceqtexasgovaboutcommentshtml within 30 days from the date this notice is published

APPROVAL PROCESS After the comment period the executive di-rector will consider all the public comments and prepare a written re-sponse The response will be filed with the TCEQ Office of the Chief Clerk at least 10 days before the scheduled commission meeting when the commission will consider approval of the general permit The com-mission will consider all public comment in making its decision and will either adopt the executive directors response or prepare its own response The commission will issue its written response on the gen-eral permit at the same time the commission issues or denies the gen-eral permit A copy of any issued general permit and response to com-ments will be made available to the public for inspection at the agencys Austin office and regional offices A notice of the commissioners ac-tion on the proposed general permit and a copy of its response to com-ments will be mailed to each person who submitted a comment Also a notice of the commissions action on the proposed general permit and the text of its response to comments will be published in the Texas Reg-ister

MAILING LISTS In addition to submitting public comments you may ask to be placed on a mailing list to receive future public notices mailed by the TCEQ Office of the Chief Clerk You may request to be added to 1) the mailing list for this specific general permit 2) the permanent mailing list for a specific county or 3) both Clearly specify the mailing lists to which you wish to be added and send your request to the TCEQ Office of the Chief Clerk at the address previously mentioned Unless you otherwise specify you will be included only on the mailing list for this specific general permit

INFORMATION If you need more information about this general per-mit or the permitting process please call the TCEQ Public Education Program toll free at (800) 687-4040 General information about the TCEQ can be found at our website at httpwwwtceqtexasgov

Further information may also be obtained by calling Laurie Fleet TCEQ Water Quality Division at (512) 239-5445

Si desea informacioacuten en espantildeol puede llamar (800) 687-4040 TRD-201800344

IN ADDITION February 9 2018 43 TexReg 797

diams diams diams

Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 26 2018

diams diams diams Notice of Opportunity to Comment on a Default Order of Administrative Enforcement Actions The Texas Commission on Environmental Quality (TCEQ or commis-sion) staff is providing an opportunity for written public comment on the listed Default Order (DO) The commission staff proposes a DO when the staff has sent the Executive Directors Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations the pro-posed penalty the proposed technical requirements necessary to bring the entity back into compliance and the entity fails to request a hear-ing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing Similar to the proce-dure followed with respect to Agreed Orders entered into by the execu-tive director of the commission in accordance with Texas Water Code (TWC) sect7075 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 March 13 2018 The commission will consider any writ-ten comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate improper inadequate or inconsistent with the requirements of the statutes and rules within the commissions jurisdiction or the commissions orders and permits issued in accordance with the commissions regulatory au-thority Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written com-ments

A copy of the proposed DO is available for public inspection at both the commissions central office located at 12100 Park 35 Circle Building A 3rd Floor Austin Texas 78753 (512) 239-3400 and at the appli-cable regional office listed as follows Written comments about the DO should be sent to the attorney designated for the DO at the com-missions central office at PO Box 13087 MC 175 Austin Texas 78711-3087 and must be received by 500 pm on March 13 2018 Comments may also be sent by facsimile machine to the attorney at (512) 239-3434 The commissions attorney is available to discuss the DO andor the comment procedure at the listed phone number how-ever TWC sect7075 provides that comments on the DO shall be submit-ted to the commission in writing

(1) COMPANY Justin Vincent DOCKET NUMBER 2017-0818-LII-E TCEQ ID NUMBER RN109698712 LOCATION On-alaska Polk County (Facility) and 7421 Teaswood Drive Conroe Montgomery County TYPE OF FACILITY business RULES VIO-LATED TWC sect37003 Texas Occupations Code sect1903251 and 30 TAC sect305(a) by failing to hold an irrigator license prior to selling designing consulting installing altering repairing or servicing an irrigation system PENALTY $948 STAFF ATTORNEY Audrey Liter Litigation Division MC 175 (512) 239-0684 REGIONAL OF-FICE Beaumont Regional Office 3870 Eastex Freeway Beaumont Texas 77703-1830 (409) 898-3838 TRD-201800377 Charmaine Backens Director Litigation Division Texas Commission on Environmental Quality Filed January 30 2018

Notice of Opportunity to Comment on Agreed Orders of Administrative Enforcement Actions The Texas Commission on Environmental Quality (TCEQ agency or commission) staff is providing an opportunity for written public com-ment on the listed Agreed Orders (AOs) in accordance with Texas Wa-ter Code (TWC) sect7075 TWC sect7075 requires that before the com-mission may approve the AOs the commission shall allow the pub-lic an opportunity to submit written comments on the proposed AOs TWC sect7075 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 March 13 2018 TWC sect7075 also requires that the commission promptly consider any written comments received and that the com-mission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropri-ate improper inadequate or inconsistent with the requirements of the statutes and rules within the commissions jurisdiction or the commis-sions orders and permits issued in accordance with the commissions regulatory authority Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments

A copy of each proposed AO is available for public inspection at both the commissions central office located at 12100 Park 35 Circle Build-ing A 3rd Floor Austin Texas 78753 (512) 239 3400 and at the ap-plicable regional office listed as follows Written comments about an AO should be sent to the attorney designated for the AO at the commis-sions central office at PO Box 13087 MC 175 Austin Texas 78711 3087 and must be received by 500 pm on March 13 2018 Com-ments may also be sent by facsimile machine to the attorney at (512) 239-3434 The designated attorneys are available to discuss the AOs andor the comment procedure at the listed phone numbers however TWC sect7075 provides that comments on an AO shall be submitted to the commission in writing

(1) COMPANY ASHEVILLE ENTERPRISES INC dba Mr Ts Convenience Store DOCKET NUMBER 2017-1163-PST-E TCEQ ID NUMBER RN101998573 LOCATION 6808 Bowman Springs Road Arlington Tarrant County TYPE OF FACILITY underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) PENALTY $3750 STAFF ATTORNEY Joey Washburn Litigation Division MC 175 (512) 239-1297 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(2) COMPANY City of White Settlement DOCKET NUMBER 2017-0676-PWS-E TCEQ ID NUMBER RN101390292 LOCA-TION 214 Meadow Park Drive White Settlement Tarrant County TYPE OF FACILITY public water system RULES VIOLATED 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required sample sites have the samples analyzed and report the results to the executive director (ED) and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples 30 TAC sect290271(b) and sect290274(a) and (c) by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year and failing to submit to the TCEQ by July 1st of each year a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with the compliance monitoring data and 30 TAC sect290122(c)(2)(A) and (f) by failing

43 TexReg 798 February 9 2018 Texas Register

to provide public notification and submit a copy of the notification to the ED regarding the failure to submit a Disinfectant Level Quarterly Operating Report PENALTY $1950 STAFF ATTORNEY Adam Taylor Litigation Division MC 175 (512) 239-3345 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(3) COMPANY GUL ENTERPRISES LLC dba Texaco Corner DOCKET NUMBER 2016-0591-PST-E TCEQ ID NUMBER RN102352911 LOCATION 2700 East 5th Street Tyler Smith County TYPE OF FACILITY underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) PENALTY $4500 STAFF ATTORNEY Amanda Patel Litigation Division MC 175 (512) 239-3990 REGIONAL OFFICE Tyler Regional Office 2916 Teague Drive Tyler Texas 75701-3734 (903) 535-5100

(4) COMPANY Howard C Bigham Jr dba Key Mobile Home Park DOCKET NUMBER 2017-0571-PWS-E TCEQ ID NUMBER RN101246262 LOCATION 2116 Tuscola Avenue near Snyder Scurry County TYPE OF FACILITY public water system RULES VIOLATED 30 TAC sect290110(e)(4)(A) and (f)(3) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2dii by failing to submit a Disinfectant Level Quarterly Oper-ating Report (DLQOR) to the executive director (ED) 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2di by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED 30 TAC sect290117(c)(2)(A) (h) and (i)(1) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2di by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED 30 TAC sect290117(i)(6) and (j) by failing to mail consumer notification of lead tap water monitoring results to persons served at the locations that were sampled and failing to submit to the TCEQ a copy of the consumer notification and certification that the consumer notification had been distributed to the persons served at the locations in a manner consistent with TCEQ requirements 30 TAC sect290271(b) and sect290274(a) and (c) by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st for each year and failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ 30 TAC sect290122(c)(2)(A) and (f) by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a DLQOR to the ED and the failure to collect lead and copper tap samples 30 TAC sect29046(f)(2) (3)(A)(i)(III) (ii)(III) and (B)(iii) and TCEQ Order Docket Number 2015-0103-PWS-E Ordering Pro-vision Number 2a by failing to maintain water works operation and maintenance records and make them readily available to commission personnel upon request 30 TAC sect29044(i) and TCEQ Order Docket Number 2015-0103-PWS-E Ordering Provision Number 2c by failing to obtain an approval from the ED prior to supplying drinking water distributed by a tanker truck or trailer to persons served by the facility 30 TAC sect29046(i) by failing to adopt an adequate plumbing ordinance regulations or service agreement with provisions for proper enforcement to ensure that neither cross-connection nor other unacceptable plumbing practices are permitted 30 TAC sect29046(z) by failing to create a nitrification action plan for a system distributing chloraminated water 30 TAC sect29042(e)(3)(G) by failing to obtain

an exception in accordance with 30 TAC sect29039(l) prior to blending water containing chloramines and water containing free chlorine 30 TAC sect29046(f)(2) (3)(B)(iv) and (D)(ii) by failing to maintain water works operation and maintenance records and make them readily available to commission personnel upon request and Texas Health and Safety Code sect3410315(c) and 30 TAC sect29046(d)(2)(B) and sect290110(b)(4) by failing to maintain a disinfectant residual of at least 05 milligrams per liter of chloramine (measured as total chlorine) throughout the distribution system at all times PENALTY $3614 STAFF ATTORNEY Ian Groetsch Litigation Division MC 175 (512) 239-2225 REGIONAL OFFICE Abilene Regional Office 1977 Industrial Boulevard Abilene Texas 79602-7833 (325) 698-9674

(5) COMPANY ICR Energy LLC dba Bitters Road Express Grocery amp Dry Cleaners DOCKET NUMBER 2016-2093-MLM-E TCEQ ID NUMBER RN102980265 LOCATION 1005 West Bitters Road San Antonio Bexar County TYPE OF FACILITY dry cleaning drop station underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED Texas Health and Safety Code sect374102(a) and 30 TAC sect33710(a)(1) and (2) by failing to complete and submit the required registration form to the TCEQ for a dry cleaning facility andor drop station facility TWC sect263475(a) and 30 TAC sect33450(b)(1)(A) by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(c)(1) and 30 TAC sect33450(b)(2)(A)(i)(III) by failing to provide release detection for the pressurized piping associated with the UST system 30 TAC sect3348(c)(4)(A)(vii) and (5)(B)(ii) by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date TWC sect263467(a) and 30 TAC sect3348(c)(5)(A)(i) by failing to make available to a common carrier a valid current TCEQ delivery certificate before accepting delivery of a regulated substance into the UST 30 TAC sect3348(c)(5)(C) by failing to ensure that a legible tag label or marking with the UST identifica-tion 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 according to the UST registration and self-certification form TWC sect263475(c)(2) and 30 TAC sect33442(i) by failing to inspect all sumps including dispenser sumps manways overspill containers or catchment basins associated with a UST system at least once every 60 days to ensure that their sides bottoms and any penetration points are maintained liquid tight and free of any liquid or debris and 30 TAC sect37815(a) and (b) by failing to demonstrate acceptable financial as-surance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs PENALTY $18440 STAFF ATTORNEY Amanda Patel Litigation Division MC 175 (512) 239-3990 REGIONAL OFFICE San Antonio Regional Office 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096

(6) COMPANY RIJAL TRADERS INC dba Mercado Food amp Fuels DOCKET NUMBER 2016-0136-PST-E TCEQ ID NUM-BER RN102978657 LOCATION 301 East Avenue G Conroe Montgomery County TYPE OF FACILITY underground stor-age tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(a) and 30 TAC sect33450(b)(2)(A)(i)(III) by failing to test the line leak detectors at least once per year for performance and operational reliability TWC sect263475(a) and 30 TAC sect33450(b)(2)(A)(ii) by failing to provide release detection for the pressurized piping associated with the UST system and 30 TAC sect33450(d)(1)(B) by failing to conduct inventory

IN ADDITION February 9 2018 43 TexReg 799

control procedures including volume measurement reconciliation of detailed inventory control records at least once a month in a manner sufficiently accurate to detect a release which equals or exceeds the sum of 10 of the total substance flow through for the month plus 130 gallons PENALTY $5607 STAFF ATTORNEY Ian Groetsch Litigation Division MC 175 (512) 239-2225 REGIONAL OFFICE Houston Regional Office 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(7) COMPANY SEMINOLE VENTURES LLC dba Alsbury Food Mart DOCKET NUMBER 2017-0644-PST-E TCEQ ID NUMBER RN102021508 LOCATION 776 Northeast Alsbury Boulevard Burleson Tarrant County TYPE OF FACILITY underground stor-age tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(d) and 30 TAC sect33449(a)(4) by failing to provide corrosion protection for the UST system and 30 TAC sect33410(b) and 30 TAC sect33451(c)(1) by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel PENALTY $7313 STAFF AT-TORNEY Isaac Ta Litigation Division MC 175 (512) 239-0683 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800 TRD-201800376 Charmaine Backens Director Litigation Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Notice of Public Hearing on Proposed Revisions The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revi-sions to 30 TAC Chapter 305 Consolidated Permits sect305541 under the requirements of Texas Government Code Chapter 2001 Subchap-ter B

The proposed rulemaking would amend sect305541 to adopt by refer-ence 40 Code of Federal Regulations Part 441 as published on June 14 2017 in the Federal Register (82 FedReg 27154 - 27178) and mi-nor corrections to the rule that were published in the Federal Register on June 26 2017 and July 5 2017 (82 FedReg 28777 82 FedReg 30997) The proposed rulemaking would also adopt by reference the United States Environmental Protection Agencys Effluent Limitations Guidelines and Standards for the Dental Category

The commission will hold a public hearing on this proposal in Austin on March 8 2018 at 200 pm in Building E Room 201S at the com-missions central office located at 12100 Park 35 Circle The hearing is structured for the receipt of oral or written comments by interested persons Individuals may present oral statements when called upon in order of registration Open discussion will not be permitted during the hearing however commission staff members will be available to dis-cuss the proposal 30 minutes prior to the hearing

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

Written comments may be submitted to Ms Kris Hogan MC 205 Office of Legal Services Texas Commission on Environ-mental Quality PO Box 13087 Austin Texas 78711-3087 or

faxed to (512) 239-4808 Electronic comments may be submitted at httpwww1tceqtexasgovrulesecomments File size restric-tions may apply to comments being submitted via the eComments system All comments should reference Rule Project Number 2017-009-305-OW The comment period closes on March 12 2018 Copies of the proposed rulemaking can be obtained from the commis-sions website at httpwwwtceqtexasgovrulespropose_adopthtml For further information please contact Laurie Fleet Wastewater Permitting Section at (512) 239-5445 TRD-201800346 Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 26 2018

diams diams diams Notice of Water Rights Application

Notices issued January 25 2018

APPLICATION NO 13340 The City of Wichita Falls 600 11th Street Room 209 Wichita Falls Texas 76301 Applicant seeks a temporary water use permit to divert and use not to exceed 20 acre-feet of wa-ter over a two-year period from Plum Creek at a maximum diversion rate of 022 cfs (100 gpm) for agricultural purposes in Wichita County The application and fees were received on September 23 2016 Ad-ditional information and fees were received on April 28 2017 The application was declared administratively complete and filed with the Office of the Chief Clerk on June 22 2017 The Executive Director completed the technical review of the application and prepared a draft permit The draft permit if granted would include special conditions including but not limited to installing a measuring device for diver-sions The application technical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 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 by February 9 2018

APPLICATION NO 13419 Magellan Terminals Holdings LP One Williams Center OTC-8 Tulsa Oklahoma 74172 Applicant seeks a temporary water use permit to divert and use not to exceed 200 acre-feet of water within a period of three years from a point on Buffalo Bayou (Houston Ship Channel) San Jacinto River Basin for industrial pur-poses in Harris County The application and fees were received on August 14 2017 Additional information and fees were received on September 21 and September 26 2017 The application was declared administratively complete and filed with the Office of the Chief Clerk on October 24 2017 The Executive Director completed the technical review of the application and prepared a draft permit The draft permit if granted would include special conditions including but not limited to installing a measuring device for diversions The application tech-nical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 78753 Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below by February 9 2018

APPLICATION NO 18-2445A Camp Mystic Inc Route 2 Box 257 Hunt Texas 78024 Applicant seeks to amend Certificate of Adjudi-cation No 18-2445 to authorize an existing dam and reservoir with a capacity of 15 acre-feet on Cypress Creek Guadalupe River Basin for recreational purposes in Kerr County The application does not re-quest a new appropriation of water or to increase the amount of water

43 TexReg 800 February 9 2018 Texas Register

diams diams diams

authorized to be stored taken or diverted The application and partial fees were received on April 28 2015 Additional information and fees were received on October 5 and October 27 2016 and June 23 2017 The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on July 12 2017 The Ex-ecutive Director has completed the technical review of the application and prepared a draft amendment The amendment if granted would include special conditions including but not limited to maintaining the reservoir full at all time with an alternate source of water The ap-plication technical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 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 sec-tion below within 30 days of the date of newspaper publication of the notice

To view the complete issued notice view the notice on our website at wwwtceqtexasgovagencyccpub_noticehtml or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete no-tice 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 con-tested 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) applicants name and permit number (3) the statement [Iwe] 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 applica-tion 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 re-quested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Com-mission 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 PO Box 13087 Austin Texas 78711-3087 For infor-mation concerning the hearing process please contact the Public Inter-est Counsel MC 103 at the same address For additional information individual members of the general public may contact the Public Edu-cation Program at (800) 687-4040 General information regarding the TCEQ can be found at our website at wwwtceqtexasgov Si desea informacioacuten en espantildeol puede llamar al (800) 687-4040 TRD-201800402 Bridget C Bohac Chief Clerk Texas Commission on Environmental Quality Filed January 31 2018

diams diams diams Update to the Water Quality Management Plan

The Texas Commission on Environmental Quality (TCEQ or commis-sion) requests comments from the public on the draft January 2018 Up-date to the WQMP for the State of Texas

Download the draft January 2018 WQMP Update at httpswwwtceqtexasgovpermittingwqmpWQmanagement_up-dateshtml or view a printed copy at the TCEQ Library Building A 12100 Park 35 Circle Austin Texas

The WQMP is developed and promulgated in accordance with the re-quirements of Federal Clean Water Act sect208 The draft update in-cludes projected effluent limits of specific domestic dischargers which may be useful for planning in future permit actions The draft update may also contain service area populations for listed wastewater treat-ment facilities designated management agency information and total maximum daily load (TMDL) revisions

Once the commission certifies a WQMP update it is submitted to the United States Environmental Protection Agency (EPA) for approval For some Texas Pollutant Discharge Elimination System (TPDES) per-mits the EPAs approval of a corresponding WQMP update is a neces-sary precondition to TPDES permit issuance by the commission

Deadline

All comments must be received at the TCEQ no later than 500 pm on March 12 2018

How to Submit Comments

Comments must be submitted in writing to

Nancy Vignali

Texas Commission on Environmental Quality

Water Quality Division MC 150

PO Box 13087

Austin Texas 78711-3087

Comments may also be faxed to (512) 239-4420 but must be followed up with written comments by mail within three working days of the fax date or by the comment deadline whichever is sooner

For further information or questions please contact Ms Vignali at (512) 239-1303 or by email at NancyVignalitceqtexasgov TRD-201800378 Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Texas Ethics Commission List of Late Filers Below is a list from the Texas Ethics Commission naming the filers who failed to pay the penalty fine for failure to file the report or filing a late report in reference to the specified filing deadline If you have any questions you may contact Jennifer Griggs at (512) 463-5800

Deadline Personal Financial Statement due October 23 2017

00081802 - Michael Dokupil 4212 San Felipe Suite 410 Houston Texas 77027

TRD-201800306 Seana Willing Executive Director Texas Ethics Commission Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 801

Texas Lottery Commission Scratch Ticket Game Number 2071 Lucky Dog 10 Name and Style of Scratch Ticket Game

A The name of Scratch Ticket Game No 2071 is LUCKY DOG The play style is key symbol match

11 Price of Scratch Ticket Game

A The price for Scratch Ticket Game No 2071 shall be $100 per Scratch Ticket

12 Definitions in Scratch Ticket Game No 2071

A Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear

B Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket

C Play Symbol- The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize Each

Play Symbol is printed in Symbol font in black ink in positive except for dual-image games The possible black Play Symbols are

MAX PLAY SYMBOL CHARLIE PLAY SYMBOL COCO PLAY SYMBOL SPOT PLAY SYMBOL RUSS PLAY SYMBOL JACK PLAY SYMBOL FIDO PLAY SYMBOL MOLLY PLAY SYMBOL BRUCE PLAY SYMBOL ROCKY PLAY SYMBOL LOLA PLAY SYMBOL ROVER PLAY SYMBOL BUDDY PLAY SYMBOL DUKE PLAY SYMBOL SPIKE PLAY SYMBOL SOPHIE PLAY SYMBOL BUSTER PLAY SYBMOL RUFUS PLAY SYMBOL DINO PLAY SYMBOL SADIE PLAY SYMBOL GINGER PLAY SYMBOL BAILEY PLAY SYMBOL $1 $2 $5 $10 $20 $50 $100 and $500

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

43 TexReg 802 February 9 2018 Texas Register

IN ADDITION February 9 2018 43 TexReg 803

E Serial Number- A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket The Serial Number is for validation purposes and cannot be used to play the game The format will be 0000000000000

F Bar Code - A 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 Scratch Ticket number and the ten (10) digit Validation Number The Bar Code appears on the back of the Scratch Ticket

G Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2071) a seven (7) digit Pack number and a three (3) digit Scratch Ticket number Scratch Ticket numbers start with 001 and end with 150 within each Pack The format will be 2071-0000001-001

H Pack - A Pack of the LUCKY DOG Scratch Ticket Game contains 150 Tickets packed in plastic shrink-wrapping and fanfolded in pages of five (5) Tickets 001 to 005 will be on the top page Tickets 006 to 010 on the next page etc and Tickets 146 to 150 will be on the last page with backs exposed Ticket 001 will be folded over so the front of Ticket 001 and 010 will be exposed

I Non-Winning Scratch Ticket - A Scratch Ticket which is not pro-grammed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures the State Lottery Act (Texas Government Code Chapter 466) and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401

J Scratch Ticket Game Scratch Ticket or Ticket - Texas Lottery LUCKY DOG Scratch Ticket Game No 2071

20 Determination of Prize Winners The determination of prize win-ners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401302 Scratch Ticket Game Rules these Game Procedures and the requirements set out on the back of each Scratch Ticket A prize winner in the LUCKY DOG Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 8 (eight) Play Symbols If a player matches any of the YOUR DOGS Play Symbols to the WINNING DOG Play Symbol the player wins the PRIZE for that dog No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket

21 Scratch Ticket Validation Requirements

A To be a valid Scratch Ticket all of the following requirements must be met

1 Exactly 8 (eight) Play Symbols must appear under the Latex Over-print on the front portion of the Scratch Ticket

2 Each of the Play Symbols must have a Play Symbol Caption under-neath unless specified and each Play Symbol must agree with its Play Symbol Caption

3 Each of the Play Symbols must be present in its entirety and be fully legible

4 Each of the Play Symbols must be printed in black ink except for dual image games

5 The Scratch Ticket shall be intact

6 The Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be present in their entirety and be fully legible

7 The Serial Number must correspond using the Texas Lotterys codes to the Play Symbols on the Scratch Ticket

8 The Scratch Ticket must not have a hole punched through it be mutilated altered unreadable reconstituted or tampered with in any manner

9 The Scratch Ticket must not be counterfeit in whole or in part

10 The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner

11 The Scratch Ticket must not have been stolen nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery

12 The Play Symbols Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be right side up and not reversed in any manner

13 The Scratch Ticket must be complete and not miscut and have exactly 8 (eight) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket exactly one Serial Number exactly one Retailer Validation Code and exactly one Pack-Scratch Ticket Number on the Scratch Ticket

14 The Serial Number of an apparent winning Scratch Ticket shall cor-respond with the Texas Lotterys Serial Numbers for winning Scratch Tickets and a Scratch Ticket with that Serial Number shall not have been paid previously

15 The Scratch Ticket must not be blank or partially blank misregis-tered defective or printed or produced in error

16 Each of the 8 (eight) Play Symbols must be exactly one of those described in Section 12C of these Game Procedures

17 Each of the 8 (eight) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery

18 The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery and

19 The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines

B The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures the Texas Lotterys Rules governing the award of prizes of the amount to be validated and any confidential validation and security tests of the Texas Lottery

C Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid However the Executive Director may solely at the Executive Directors discretion refund the retail sales price of the Scratch Ticket In the event a de-fective Scratch Ticket is purchased the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket solely at the Executive Directors discretion

22 Programmed Game Parameters

A Consecutive Non-Winning Tickets within a Pack will not have matching patterns in the same order of either Play Symbols or Prize Symbols

43 TexReg 804 February 9 2018 Texas Register

B The top Prize Symbol will appear on every Ticket unless restricted by other parameters play action or prize structure

C No matching non-winning YOUR DOGS Play Symbols on a Ticket

D A non-winning Prize Symbol will never match a winning Prize Sym-bol

E No matching non-winning Prize Symbols on a Ticket unless re-stricted by other parameters play action or prize structure

23 Procedure for Claiming Prizes

A To claim a LUCKY DOG Scratch Ticket Game prize of $100 $200 $500 $1000 $2000 $5000 $100 or $500 a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer The Texas Lottery Retailer shall verify the claim and if valid and upon presentation of proper identification if appropriate make payment of the amount due the claimant and physically void the Scratch Ticket provided that the Texas Lottery Retailer may but is not required to pay a $5000 $100 or $500 Scratch Ticket Game In the event the Texas Lottery Retailer cannot verify the claim the Texas Lottery Retailer shall provide the claimant with a claim form and in-struct 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 23B of these Game Procedures

B As an alternative method of claiming a LUCKY DOG Scratch Ticket Game prize the claimant must sign the winning Scratch Ticket thoroughly complete a claim form and mail both to Texas Lottery Commission PO Box 16600 Austin Texas 78761-6600 The Texas Lottery is not responsible for Scratch Tickets lost in the mail In the event that the claim is not validated by the Texas Lottery the claim shall be denied and the claimant shall be notified promptly

C Prior to payment by the Texas Lottery of any prize the Texas Lottery shall deduct

1 A sufficient amount from the winnings of a prize winner who has been finally determined to be

a delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code sect403055

b in default on a loan made under Chapter 52 Education Code or

c in default on a loan guaranteed under Chapter 57 Education Code and

2 delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231 Family Code

D If a person is indebted or owes delinquent taxes to the State other than those specified in the preceding paragraph the winnings of a per-son shall be withheld until the debt or taxes are paid

24 Allowance for Delay of Payment The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director under any of the following circumstances

A if a dispute occurs or it appears likely that a dispute may occur regarding the prize

B if there is any question regarding the identity of the claimant

C if there is any question regarding the validity of the Scratch Ticket presented for payment or

D if the claim is subject to any deduction from the payment otherwise due as described in Section 23C of these Game Procedures No liabil-ity for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim

25 Payment of Prizes to Persons Under 18 If a person under the age of 18 years is entitled to a cash prize under $600 from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deliver to an adult member of the minors family or the minors guardian a check or war-rant in the amount of the prize payable to the order of the minor

26 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deposit the amount of the prize in a custodial bank account with an adult member of the minors family or the minors guardian serving as custodian for the minor

27 Scratch Ticket Claim Period All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military person-nel as set forth in Texas Government Code sect466408 Any rights to a prize that is not claimed within that period and in the manner specified in these Game Procedures and on the back of each Scratch Ticket shall be forfeited

28 Disclaimer The number of prizes in a game is approximate based on the number of Scratch Tickets ordered The number of actual prizes available in a game may vary based on number of Scratch Tickets man-ufactured testing distribution sales and number of prizes claimed A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed

30 Scratch Ticket Ownership

A Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket When a signature is placed on the back of the Scratch Ticket in the space designated the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto Notwithstanding any name or names submitted on a claim form the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated If more than one name appears on the back of the Scratch Ticket the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment

B The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket

40 Number and Value of Scratch Ticket Prizes There will be approx-imately 9120000 Scratch Tickets in Scratch Ticket Game No 2071 The approximate number and value of prizes in the game are as fol-lows

IN ADDITION February 9 2018 43 TexReg 805

A The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission

50 End of the Scratch Ticket Game The Executive Director may at any time announce a closing date (end date) for the Scratch Ticket Game No 2071 without advance notice at which point no further Scratch Tickets in that game may be sold The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Scratch Ticket Game Rules See 16 TAC sect401302(j)

60 Governing Law In purchasing a Scratch Ticket the player agrees to comply with and abide by these Game Procedures for Scratch Ticket Game No 2071 the State Lottery Act (Texas Government Code Chap-ter 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-201800382 Bob Biard General Counsel Texas Lottery Commission Filed January 30 2018

diams diams diams Public Utility Commission of Texas Major Consulting Services Contract RFP No 473-17-00005 Project No 47410

Contract No 473-17-00005 for a financial audit of the Texas Universal Service Fund and internal control audit of the Texas Universal Service Fund Administrator

Consultant

Hurlbert CPA LLC

PO Box 615

Liberty MO 64063

Contract No 473-17-00005 expires April 30 2021

Compensation $159000

Contractor will submit a draft audit for FY 2017 by March 15 2018 and a final audit by May 15 2018

For FY 2018 2019 2020 - Draft audit due by the last working day in January following the close of the fiscal year audited Final audit due by the last working day in March following the close of the fiscal year audited

Public Utility Commission of Texas

1701 N Congress Avenue

Austin TX 78711

Point of contact jaystonepuctexasgov

Publication in Texas Register after entering into major consulting ser-vices contract required by Texas Government Code sect2254030 TRD-201800380

43 TexReg 806 February 9 2018 Texas Register

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Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Service Provider Certificate of Operating Authority

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 29 2018 in accordance with Public Utility Regulatory Act sectsect54151 - 54156

Docket Title and Number Application of Aeon Communications LLC for an Amendment to its Service Provider Certificate of Operating Au-thority Docket Number 47993

Applicant seeks to amend service provider certificate of operating au-thority number 60882 to reflect discontinuation of certain telecommu-nications services and to permanently withdraw from offering any ser-vices in the State of Texas

Persons wishing to comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than February 23 2018 Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47993 TRD-201800391 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 24 2018 to amend certificates of convenience and necessity in Medina County

Docket Style and Number Application of the City of Castroville to Amend its Water Certificate of Convenience and Necessity and to De-certify a Portion of New Alsace Water Supply Corporations Service Area in Medina County Docket Number 47985

The Application The City of Castroville filed an application to amend its water certificate of convenience and necessity (CCN) No 10218 and to decertify a portion of New Alsace Water Supply Corporations service area under CCN No 12558 in Medina County The total area being requested includes approximately 7 acres and no current cus-tomers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47985 TRD-201800384 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

Notice of Application to Amend Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Util-ity Commission of Texas on January 17 2018 to amend a certificate of convenience and necessity (CCN) in Hays County

Docket Style and Number Application of the City of Dripping Springs to Amend a Water Certificate of Convenience and Necessity in Hays County Docket Number 47957

The Application The City of Dripping Springs filed an application to amend its water CCN No 13030 to add service area in Hays County The total area being requested includes approximately 522 acres and zero current customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47957 TRD-201800386 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend Water Certificates of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Com-mission of Texas (commission) on January 23 2018 of an applica-tion to amend water certificates of convenience and necessity (CCN) in Rockwall and Kaufman Counties

Docket Style and Number Application of the City of Heath to Amend a Water Certificate of Convenience and Necessity Under Water Code sect13255 and to Decertify a Portion of Forney Lake Water Supply Cor-porations Service Area in Rockwall and Kaufman Counties Docket Number 47979

The Application The City of Heath filed an application to amend water CCN No 12060 to provide water service to the Forney Lake Water Supply Corporations (FLWS) CCN area and to decertify a portion of the FLWS CCN No 10086 in Rockwall and Kaufman Counties The total area being removed from CCN No 10086 includes approximately 2600 acres and 839 customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47979 TRD-201800330 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 807

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Texas Racing Commission Notice of Deadline Pursuant to sect313 of the Texas Racing Act Texas Revised Civil Statutes Ann Art 179e and Title 16 Texas Administrative Code sect309299 the Executive Director for the Texas Racing Commission provides notice that Monday March 1 2018 is the deadline to request Commission recognition as the horsemens representative organization

Section 313 of the Texas Racing Act authorizes the Commission to recognize an organization to represent members of a segment of the racing industry including owners breeders trainers kennel operators and other persons involved in the racing industry In 16 TAC sect309299 the Commission has adopted criteria for being recognized as the organ-ization to represent horse owners and trainers This organization will be responsible for negotiating with each licensed racetrack regarding the racetracks live racing programs including but not limited to the allocation of purse money to various live races the exporting of simul-cast signals and the importing of simulcast signals during live race meetings

To be eligible for recognition as the horsemens representative organi-zation each officer and director of the organization during the two-year

term of the recognition must be licensed by the Commission as an owner or trainer The Commission will also review the experience and qualifications of the organizations directors executive officers and management personnel the organizations benevolence programs and the degree to which the organizations membership represents a fair and equitable cross-section of the horse owners and trainers participating at each of the racetracks in this state The organization is subject to audit by the Texas Racing Commission

To request recognition an organization must file a written request on a form prescribed by the Executive Director To obtain a copy of the form or for more information interested persons should contact Devon Bi-jansky General Counsel Texas Racing Commission PO Box 12080 Austin Texas 78711-2080 (512) 833-6699 FAX (512) 833-6907 TRD-201800304 Devon Bijansky General Counsel Texas Racing Commission Filed January 24 2018

43 TexReg 808 February 9 2018 Texas Register

(5) COMPANY BASF Corporation DOCKET NUMBER 2017-1100-AIR-E IDENTIFIER RN100218049 LOCATION Freeport Brazoria County TYPE OF FACILITY chemical man-ufacturing plant RULES VIOLATED 30 TAC sectsect10120(3) 116115(b)(2)(F) and (c) and 122143(4) Texas Health and Safety Code (THSC) sect382085(b) Federal Operating Permit (FOP) Number O1927 General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 15 and New Source Review Permit Num-bers 9513A and PSDTX641M1 Special Conditions Number 1 by failing to prevent unauthorized emissions 30 TAC sect101201(a)(1)(B) and sect122143(4) FOP Number O1927 STC Number 2F and THSC sect382085(b) by failing to submit the initial notification for a reportable emissions event no later than 24 hours after discovery of an emissions event and 30 TAC sect122143(4) and sect122146(2) THSC sect382085(b) and FOP Number O1536 GTC by failing to submit a permit compli-ance certification no later than 30 days after the end of the certification period PENALTY $142063 Supplemental Environmental Project offset amount of $71031 ENFORCEMENT COORDINATOR Shelby Orme (512) 239-4575 REGIONAL OFFICE 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(6) COMPANY City of Beaumont DOCKET NUMBER 2017-0406-PWS-E IDENTIFIER RN101253094 LOCATION Beaumont Jef-ferson County TYPE OF FACILITY public water supply RULES VIOLATED 30 TAC sect29046(d)(2)(B) and sect290110(b)(4) and Texas Health and Safety Code sect3410315(c) by failing to maintain a dis-infectant residual of at least 05 milligrams per liter of chloramine throughout the distribution system at all times 30 TAC sect29046(q)(1) by failing to issue a boil water notification to customers of the facil-ity within 24 hours of a low disinfectant residual using the prescribed notification format as specified in 30 TAC sect29047(c) and 30 TAC sect29046(m)(4) by failing to maintain all water treatment units stor-age and pressure maintenance facilities distribution system lines and related appurtenances in a watertight condition PENALTY $12893 Supplemental Environmental Project offset amount of $12893 EN-FORCEMENT COORDINATOR Steven Hall (512) 239-2569 RE-GIONAL OFFICE 3870 Eastex Freeway Beaumont Texas 77703-1830 (409) 898-3838

(7) COMPANY City of DeSoto DOCKET NUMBER 2017-1500-PWS-E IDENTIFIER RN101419141 LOCATION Desoto Dallas County TYPE OF FACILITY public water supply RULES VIO-LATED 30 TAC sect29046(d)(2)(B) and sect290110(b)(4) and Texas Health and Safety Code sect3410315(c) by failing to operate the disinfection equipment to maintain a minimum disinfectant residual of 05 milligrams per liter chloramine throughout the distribution system at all times PENALTY $120 ENFORCEMENT COORDINATOR Sarah Kim (512) 239-4728 REGIONAL OFFICE 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(8) COMPANY City of Edmonson DOCKET NUMBER 2017-1297-PWS-E IDENTIFIER RN101205375 LOCATION Edmonson Hale County TYPE OF FACILITY public water supply RULES VIO-LATED 30 TAC sect290117(c)(2)(A) (h) and (i)(1) by failing to collect lead and copper tap samples at the required ten sample sites have the samples analyzed and report the results to the executive director (ED) 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples 30 TAC sect290117(c)(2)(C) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap sam-ples at the required five sample sites have the samples analyzed and re-port the results to the ED and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure

to collect lead and copper tap samples and 30 TAC sect290122(c)(2)(A) and (f) by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit the Dis-infectant Level Quarterly Operating Report and regarding the failure to conduct routine coliform sampling PENALTY $845 ENFORCE-MENT COORDINATOR Jason Fraley (512) 239-2552 REGIONAL OFFICE 5012 50th Street Suite 100 Lubbock Texas 79414-3426 (806) 796-7092

(9) COMPANY City of Garland Power and Light DOCKET NUM-BER 2017-1358-AIR-E IDENTIFIER RN100214766 LOCATION Denton Denton County TYPE OF FACILITY power plant RULES VIOLATED 30 TAC sect122143(4) and sect122145(2)(C) Texas Health and Safety Code (THSC) sect382085(b) and Federal Operating Per-mit (FOP) Number O84 General Terms and Conditions (GTC) by failing to submit deviation reports within 30 days after the end of the reporting periods 30 TAC sect122143(4) and sect122145(2)(C) THSC sect382085(b) and FOP Number O84 GTC by failing to report all instances of deviations and 30 TAC sect1171345(d) and sect122143(4) THSC sect382085(b) and FOP Number O84 Special Terms and Con-ditions Number 1A by failing to submit semiannual reports within 30 days after the end of each calendar semiannual period PENALTY $21450 ENFORCEMENT COORDINATOR David Carney (512) 239-2583 REGIONAL OFFICE 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(10) COMPANY City of Richardson DOCKET NUMBER 2017-1492-WQ-E IDENTIFIER RN101391480 LOCATION Richardson Dallas County TYPE OF FACILITY sanitary sewer collection sys-tem RULE VIOLATED TWC sect26121(a)(1) by failing to prevent the unauthorized discharge of municipal waste into or adjacent to any water in the state PENALTY $5625 Supplemental Environmental Project offset amount of $5625 ENFORCEMENT COORDINATOR Caleb Olson (512) 239-2541 REGIONAL OFFICE 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(11) COMPANY DUBLIN STOP GROUP INCORPORATED dba Dublin Stop DOCKET NUMBER 2017-1440-PST-E IDENTI-FIER RN102019536 LOCATION Dublin Erath County TYPE OF FACILITY convenience store with retail sales of gasoline RULES VIOLATED 30 TAC sect33472 by failing to report a suspected release to the agency within 24 hours of discovery and 30 TAC sect33474 by failing to investigate a suspected release of a regulated substance within 30 days of discovery PENALTY $16352 ENFORCEMENT COORDINATOR Danielle Porras (719) 767-3682 REGIONAL OFFICE 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(12) COMPANY Harris County Fresh Water Supply District 1-A DOCKET NUMBER 2017-1110-PWS-E IDENTIFIER RN104424320 LOCATION Baytown Harris County TYPE OF FACILITY public water supply RULES VIOLATED 30 TAC sect290117(i)(6) and (j) by failing to provide a consumer notification of lead tap water monitoring results to persons served at the sites that were tested and failing to mail a copy of the consumer notification of tap results to the executive director (ED) along with certification that the consumer notification has been distributed for the

January 1 2016 - December 31 2016 monitoring period and 30 TAC sect290122(c)(2)(A) and (f) by failing to provide public notification and submit a copy of the public notification to the ED regarding the fail-ure to conduct repeat coliform monitoring during the month of July 2013 and regarding the failure to conduct increased coliform monitor-ing during the month July 2014 PENALTY $157 ENFORCEMENT COORDINATOR Ross Luedtke (512) 239-3157 REGIONAL OF-FICE 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

IN ADDITION February 9 2018 43 TexReg 793

(13) COMPANY Industrial Asphalt LLC DOCKET NUMBER 2017-1421-AIR-E IDENTIFIER RN108082330 LOCATION Schertz Comal County TYPE OF FACILITY hot mix asphalt plant RULES VIOLATED 30 TAC sect116115(c) Texas Health and Safety Code sect382085(b) Standard Permit Registration Number 130426 and Air Quality Standard Permit for Hot Mix Asphalt Plants General Requirements (1)(H) by failing to prevent visible fugitive emissions from leaving the property for a period exceeding 30 seconds in any six-minute period PENALTY $2625 ENFORCEMENT COORDI-NATOR Shelby Orme (512) 239-1001 REGIONAL OFFICE 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096

(14) COMPANY Intergulf Corporation DOCKET NUMBER 2017-1013-AIR-E IDENTIFIER RN105127476 LOCATION La Porte Harris County TYPE OF FACILITY petrochemical plant RULES VIOLATED 30 TAC sect116115(c) New Source Review (NSR) Per-mit Number 85092 Special Conditions (SC) Number 16A and Texas Health and Safety Code (THSC) sect382085(b) by failing to comply with permitted sampling requirements 30 TAC sect116115(c) NSR Per-mit Number 85092 SC Number 16A and THSC sect382085(b) by failing to submit a permit application no later than 30 days after de-tecting volatile organic compounds from the final canister 30 TAC sect116115(c) NSR Permit Number 85092 SC Number 16B(1) and THSC sect382085(b) by failing to calibrate the flame ionization detec-tor immediately prior to performing sampling of the Carbon Adsorpo-tion System (CAS) 30 TAC sect116115(c) NSR Permit Number 85092 SC Number 16D and THSC sect382085(b) by failing to maintain adequate records for sampling of the CAS and 30 TAC sect116115(c) and sect1172035(e)(9) NSR Permit Number 85092 SC Number 23 and THSC sect382085(b) by failing to submit a stack test report within 60 days after the test was complete PENALTY $46147 Supplemental Environmental Project offset amount of $18450 ENFORCEMENT COORDINATOR David Carney (512) 239-2583 REGIONAL OF-FICE 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(15) COMPANY JC ALL SEASONS MARKET INCORPO-RATED DOCKET NUMBER 2017-1282-PST-E IDENTIFIER RN101435055 LOCATION Houston Harris County TYPE OF FACILITY a convenience store with retail sales of gasoline RULES VIOLATED 30 TAC sect33450(b)(2) and TWC sect263475(a) by failing to provide release detection for the pressurized piping associated with the underground storage tank system and 30 TAC sect115225 Texas Health and Safety Code sect382085(b) and 40 Code of Federal Regulations sect6311120(a) by failing to conduct the annual testing of the Stage I equipment PENALTY $3603 ENFORCEMENT COORDINATOR Epifanio Villarreal (361) 825-3421 REGIONAL OFFICE 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(16) COMPANY Luis Enrique Estrada DOCKET NUMBER 2017-1119-MSW-E IDENTIFIER RN109302489 LOCATION Belton Bell County TYPE OF FACILITY unauthorized municipal solid waste (MSW) site RULES VIOLATED 30 TAC sect33015(a) and (c) by failing to cause suffer allow or permit the unauthorized disposal of MSW PENALTY $1312 ENFORCEMENT COORDI-NATOR John Paul Fennell (512) 239-2616 REGIONAL OFFICE 6801 Sanger Avenue Suite 2500 Waco Texas 76710-7826 (254) 751-0335

(17) COMPANY Medina Childrens Home DOCKET NUMBER 2017-1262-PST-E IDENTIFIER RN101252146 LOCATION Medina Bandera County TYPE OF FACILITY fleet refueling facility RULES VIOLATED 30TAC sect33450(b)(1)(A) and TWC sect263475(c)(1) by failing to monitor the underground storage tank for releases at a frequency of at least once every month PENALTY

$3263 ENFORCEMENT COORDINATOR John Paul Fennell (512) 239-2616 REGIONAL OFFICE 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096

(18) COMPANY Pasadena Refining System Incorporated DOCKET NUMBER 2014-0228-MLM-E IDENTIFIER RN100716661 LO-CATION Pasadena Harris County TYPE OF FACILITY petroleum refinery RULES VIOLATED 30 TAC sect115729(b) and Texas Health and Safety Code (THSC) sect382085(b) by failing to demonstrate initial compliance with the vent gas control requirements by no later than 60 days after being brought into Highly Reactive Volatile Organic Compound (HRVOC) service for the SZORB Heater Emissions Point Number (EPN) HTLSG001 the Crude Heater 4 (EPN HTCRU004) the Atmospheric and Vacuum Tower Heaters (EPN HTCRU001-S) and Hydrotreater RH1 and RH2 Heaters (EPNs HTREF001 and HTREF002) 30 TAC sect115726(a)(2) and THSC sect382085(b) by failing to submit written notification to the Houston Regional Office at least 45 days prior to conducting vent gas stream testing 30 TAC sect122132(e)(2)(A) and sect122210(a) and THSC sect382085(b) by failing to submit an application for a revision to Federal Operating Permit (FOP) Number O1544 to add the applicable requirements for each emissions unit 30 TAC sect116115(c) and sect122143(4) THSC sect382085(b) FOP Number O1544 Special Terms and Conditions (STC) Numbers 1A 17 and 22A(i)2 and New Source Review (NSR) Permit Numbers 20246 22039 and 56389 Special Conditions (SC) Number 1 by failing to comply with the permitted emissions rate 30 TAC sect116115(c) and sect122143(4) FOP Number O1544 STC Number 17 NSR Permit Number 56389 SC Number 29C and THSC sect382085(b) by failing to demonstrate initial compliance for nitrogen oxides (NO

x) carbon monoxide (CO) and sulfur dioxide before the deadline for the Atmospheric and Vacuum Tower Heaters (EPN HTCRU001-S) 30 TAC sect117335(a) and sect1179020(2)(A)(ii)(I) and (C)(i) and THSC sect382085(b) by failing to demonstrate initial compliance for NOx

for Hydrotreater RH1 and RH2 Heaters (EPNs HTREF001 and HTREF002) 30 TAC sect117345(c)(1) and THSC sect382085(b) by failing to submit a stack test report within 60 days after conducting a stack test 30 TAC sect116115(c) and sect122143(4) FOP Number O1544 STC Numbers 1A and 17 NSR Permit Number 56389 SC Numbers 1 20 and 21 and THSC sect382085(b) by failing to comply with the permitted emissions rates and emissions limits 30 TAC sect116115(c) and sect122143(4) FOP Number O1544 STC Numbers 1A and 17 NSR Permit Number 56389 SC Number 21 and THSC sect382085(b) by failing to limit the CO concentration to 100 parts per million by volume corrected to 3 oxygen 30 TAC sect115725(a)(1)(C) and sect122143(4) FOP Number O1544 STC Number 1A and THSC sect382085(b) by failing to comply with the established fuel gas flow rates 30 TAC sectsect10120(1) 101221(a) 116115(c) and 122143(4) FOP Number O1544 STC Number 17 40 Code of Federal Regulations sect6018(c)(2) NSR Permit Number 56389 SC Numbers 1 and 6B NSR Permit Number 20246 SC Number 1 and THSC sect382085(b) by failing to prevent unautho-rized emissions 30 TAC sect116115(c) and sect122143(4) FOP Number O1544 STC Numbers 1A and 17 NSR Permit Number 56389 SC Numbers 1 20 and 21 and THSC sect382085(b) by failing to comply with the permitted emissions rates and emissions limits and TWC sect26121(a)(1) 30 TAC sect305125(1) and Texas Pollutant Discharge Elimination System Permit Number WQ0000574000 Effluent Limi-tations and Monitoring Requirements Number 1 for Outfall Number 002 by failing to comply with the permitted effluent limitations PENALTY $907191 Supplemental Environmental Project offset amount of $453595 ENFORCEMENT COORDINATOR Raime Hayes-Falero (713) 767-3567 REGIONAL OFFICE 5425 Polk Avenue Suite H Houston Texas 77023-1486 (713) 767-3500

43 TexReg 794 February 9 2018 Texas Register

(19) COMPANY SEHER ENTERPRISE INCORPORATED dba Best Food Mart DOCKET NUMBER 2017-0890-PST-E IDENTIFIER RN102901535 LOCATION Tomball Harris County TYPE OF FACILITY convenience store with retail sales of gasoline RULES VIOLATED 30 TAC sect33449(a)(1) and TWC sect263475(d) by failing to provide corrosion protection for the underground storage tank (UST) system 30 TAC sect33450(b)(2) and TWC sect263475(a) by failing to provide release detection for the pressurized piping associated with the UST system and 30 TAC sect115225 Texas Health and Safety Code sect382085(b) and 40 Code of Federal Regulations sect6311120(a) by failing to comply with annual Stage I vapor recovery testing require-ments PENALTY $8478 ENFORCEMENT COORDINATOR Danielle Porras (713) 767-3682 REGIONAL OFFICE 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(20) COMPANY SHADY GROVE NUMBER 2 WATER SUPPLY CORPORATION DOCKET NUMBER 2017-1506-PWS-E IDEN-TIFIER RN101457760 LOCATION Sulphur Springs Hopkins County TYPE OF FACILITY public water supply RULES VI-OLATED 30 TAC sect290117(c)(2)(A) (h) and (i)(1) by failing to collect lead and copper tap samples at the required 20 sample sites have the samples analyzed and report the results to the executive di-rector (ED) for the January 1 2017 - June 30 2017 monitoring period 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required ten sample sites have the samples analyzed and report the results to the ED for the January 1 2016 - December 31 2016 monitoring period and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1 2016 - December 31 2016 monitoring period and 30 TAC sect290117(c)(2)(C) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required ten sample sites have the samples analyzed and report the results to the ED for the January 1 2013 - December 31 2015 monitoring period and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1 2013 - December 31 2015 monitoring period PENALTY $639 ENFORCEMENT COORDINATOR Steven Hall (512) 239-2569 REGIONAL OFFICE 2916 Teague Drive Tyler Texas 75701-3734 (903) 535-5100

(21) COMPANY SOIL BUILDING SYSTEMS INCORPO-RATED DOCKET NUMBER 2017-1516-MSW-E IDENTIFIER RN109611822 LOCATION Dallas Dallas County TYPE OF FA-CILITY composting and recycling facility RULES VIOLATED 30 TAC sect3285(b) by failing to submit a Notice of Intent to the executive director prior to the commencement of recycling activities 30 TAC sect3285(c)(1) by failing to provide a written cost estimate showing the cost of hiring a third party to close the facility by disposition of all processed and unprocessed materials 30 TAC sect3285(f)(1) and (2) by failing to maintain recycling records to show compliance with the requirements for limitations on storage of recyclable materials and reasonable efforts to maintain source-separation of materials received by the facility and 30 TAC sect3285(d) and sect37921 by failing to establish and maintain financial assurance for the closure of the facility that stores combustible materials outdoors PENALTY $4876 ENFORCEMENT COORDINATOR Margarita Dennis (817) 588-5892 REGIONAL OFFICE 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(22) COMPANY Solutia Incorporated DOCKET NUMBER 2017-1313-AIR-E IDENTIFIER RN103057568 LOCATION Alvin Brazoria County TYPE OF FACILITY chemical manufactur-ing plant RULES VIOLATED 30 TAC sectsect115354(2)(c) 116115(c) and 122143(4) New Source Review (NSR) Permit Number 3046

Special Conditions (SC) Number 9F Federal Operating Permit (FOP) Number O2317 Special Terms and Conditions (STC) Numbers 1A and 17 and Texas Health and Safety Code (THSC) sect382085(b) by failing to conduct Leak Detection and Repair monitoring on 173 out of 184 valves in gasvapor service during the third quarter of 2015 30 TAC sect116115(c) and sect122143(4) NSR Permit Number 3046 SC Number 5B FOP Number O2317 STC Number 17 and THSC sect382085(b) by failing to comply with the maximum liquid surface temperature of 140 degree Fahrenheit and 30 TAC sect122143(4) and sect122145(2)(A) FOP Number O2317 General Terms and Condi-tions and THSC sect382085(b) by failing to report all instances of deviations PENALTY $9682 ENFORCEMENT COORDINATOR David Carney (512) 239-2583 REGIONAL OFFICE 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(23) COMPANY Southwest Convenience Stores LLC dba 7 Eleven 57812 and 7 Eleven 57816 DOCKET NUMBER 2016-1411-PST-E IDENTIFIERS RN102410701 (Facility 1) and RN102436987 (Facil-ity 2) LOCATION Midland Midland County TYPE OF FACILITY convenience store with retail sales of gasoline and diesel fuel RULES VIOLATED 30TAC sect33474 by failing to investigate a suspected release of regulated substance within 30 days of discovery (Facility 1 and 2) and 30TAC sect33472 by failing to report a suspected release to the TCEQ within 24 hours of discovery (Facility 1 and 2) PENALTY $37700 ENFORCEMENT COORDINATOR Tyler Richardson (512) 239-4872 REGIONAL OFFICE 3300 North A Street Building 4 Suite 107 Midland Texas 79705-5404 (432) 570-1359

(24) COMPANY Sunoco Partners Marketing and Terminals LP DOCKET NUMBER 2017-1251-AIR-E IDENTIFIER RN100214626 LOCATION Nederland Jefferson County TYPE OF FACILITY petroleum storage terminal RULES VIOLATED 30 TAC sectsect10120(3) 116115(b)(2)(F) and (c) and 122143(4) New Source Review Permit Numbers 56508 and PSDTX1444 Special Conditions Number 1 Federal Operating Permit (FOP) Number O1573 Special Terms and Conditions Number 10 and Texas Health and Safety Code (THSC) sect382085(b) by failing to comply with the permitted annual maximum allowable emissions rate and 30 TAC sect122145(2)(A) and sect122143(4) FOP Number O1573 General Terms and Conditions and THSC sect382085(b) by failing to report all instances of deviations PENALTY $47195 Supplemental Environmental Project offset amount of $18878 ENFORCEMENT COORDINATOR David Carney (512) 239-2583 REGIONAL OFFICE 3870 Eastex Freeway Beaumont Texas 77703-1830 (409) 898-3838

(25) COMPANY UTOPIA WATER SUPPLY CORPORA-TION DOCKET NUMBER 2017-1543-PWS-E IDENTIFIER RN101256980 LOCATION Utopia Uvalde County TYPE OF FACILITY public water supply RULES VIOLATED 30 TAC sect29044(h)(1)(A) by failing to install a backflow prevention assembly or an air gap at all residences or establishments where an actual or potential contamination hazard exists as identified in 30 TAC sect29047(f) 30 TAC sect29046(m)(4) by failing to maintain all distribu-tion system lines storage and pressure maintenance facilities water treatment units and all related appurtenances in a watertight condition and 30 TAC sect29042(b)(2)(C) by failing to provide all processes involving exposure of the water to atmospheric contamination with subsequent disinfection of the water ahead of ground storage tanks and be accomplished in a manner such that insects birds and other foreign materials will be excluded from the water PENALTY $250 ENFORCEMENT COORDINATOR Paige Bond (512) 239-2678 REGIONAL OFFICE 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096 TRD-201800379

IN ADDITION February 9 2018 43 TexReg 795

Charmaine Backens Director Litigation Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Enforcement Orders An agreed order was adopted regarding Venus Operating Corp dba Venus Food Mart Docket No 2016-1188-PST-E on January 30 2018 assessing $4125 in administrative penalties with $825 deferred Infor-mation concerning any aspect of this order may be obtained by contact-ing John Fennell Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding United States Department of Agriculture Docket No 2016-1329-PST-E on January 30 2018 as-sessing $3375 in administrative penalties with $675 deferred Infor-mation concerning any aspect of this order may be obtained by contact-ing Ronica Rodriguez Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Naresh P Patel dba Westside Grocery Docket No 2016-1490-PST-E on January 30 2018 assess-ing $3375 in administrative penalties with $675 deferred Informa-tion concerning any aspect of this order may be obtained by contacting Ronica Rodriguez Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding MERITOCRACY UNION INC dba Tex Mex Food Mart 1 Docket No 2016-1564-PST-E on January 30 2018 assessing $5754 in administrative penalties Information concerning any aspect of this order may be obtained by contacting Jess Robinson Staff Attorney at (512) 239-3400 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Saakshi Inc Docket No 2016-1758-PST-E on January 30 2018 assessing $4500 in administrative penalties with $900 deferred Information concerning any aspect of this order may be obtained by contacting Alejandro Laje Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SHIV OMKARA INC dba Bulldog Express Mart Docket No 2016-1871-PST-E on January 30 2018 assessing $3375 in administrative penalties with $675 deferred Information concerning any aspect of this order may be obtained by contacting Jonathan Nguyen Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Akbar Ali Momin dba Leander Grocery Docket No 2017-0171-PST-E on January 30 2018 assess-ing $3563 in administrative penalties with $712 deferred Informa-tion concerning any aspect of this order may be obtained by contact-ing Ross Luedtke Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Cliff J Chambers Docket No 2017-0339-OSS-E on January 30 2018 assessing $527 in administra-tive penalties Information concerning any aspect of this order may be obtained by contacting Jake Marx Staff Attorney at (512) 239-3400

Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding FRANKLIN EXPRESSWAY INC and G amp G LIONS INC dba Lions Den Exxon Docket No 2017-0545-PST-E on January 30 2018 assessing $3750 in administra-tive penalties with $750 deferred Information concerning any aspect of this order may be obtained by contacting Margarita Dennis Enforce-ment Coordinator at (512) 239-2545 Texas Commission on Environ-mental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Shane Taylor and Conway Clary Docket No 2017-0635-PST-E on January 30 2018 assess-ing $2250 in administrative penalties with $450 deferred Informa-tion concerning any aspect of this order may be obtained by contact-ing Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Monarch Mountain Minerals amp Aggregates LLC Docket No 2017-0639-AIR-E on January 30 2018 assessing $2550 in administrative penalties with $510 deferred Infor-mation concerning any aspect of this order may be obtained by contact-ing Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SHIVAM BUSINESS INC dba Lonestar Exxon Docket No 2017-0750-PST-E on January 30 2018 assessing $6879 in administrative penalties with $1375 deferred Information concerning any aspect of this order may be obtained by contacting Ken Moller Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding BUFFALO CHEVRON FOOD MART INC dba Chevron of Buffalo Docket No 2017-0780-PST-E on January 30 2018 assessing $2567 in administrative penalties with $513 deferred Information concerning any aspect of this order may be obtained by contacting Jonathan Nguyen Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding RAHIL INVESTMENTS INC dba West End Grocery Docket No 2017-0869-PST-E on January 30 2018 assessing $3375 in administrative penalties with $675 deferred Information concerning any aspect of this order may be obtained by contacting Caleb Olson Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Vishva Inc dba Pac N Go 905 Docket No 2017-0903-PST-E on January 30 2018 assessing $3000 in administrative penalties with $600 deferred Information concern-ing any aspect of this order may be obtained by contacting Farhaud Abbaszadeh Enforcement Coordinator at (512) 239-2545 Texas Com-mission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SilverBow Resources Operat-ing LLC Docket No 2017-0912-AIR-E on January 30 2018 assess-ing $7276 in administrative penalties with $1455 deferred Informa-tion concerning any aspect of this order may be obtained by contact-ing Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Gulmohar Enterprises Inc dba Honey Grove Gas and Grocery Docket No 2017-0952-PST-E on

43 TexReg 796 February 9 2018 Texas Register

January 30 2018 assessing $3129 in administrative penalties with $625 deferred Information concerning any aspect of this order may be obtained by contacting Ken Moller Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Legacy Reserves Operating LP Docket No 2017-0970-AIR-E on January 30 2018 assessing $4500 in administrative penalties with $900 deferred Information concerning any aspect of this order may be obtained by contacting Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Reliant Processing Group LLC Docket No 2017-1014-IWD-E on January 30 2018 assessing $5625 in administrative penalties with $1125 deferred Information concern-ing any aspect of this order may be obtained by contacting Sandra Dou-glas Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding CIRCLE K STORES INC dba CIRCLE K 2704034 Docket No 2017-1191-PST-E on January 30 2018 assessing $7500 in administrative penalties with $1500 deferred Information concerning any aspect of this order may be obtained by contacting Austin Henck Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SBE ENTERPRISES INC dba Ekko Fuels and Oil Docket No 2017-1213-PST-E on January 30 2018 assessing $1736 in administrative penalties with $347 deferred Information concerning any aspect of this order may be obtained by contacting Carlos Molina Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SUNSHINE FOOD MART INC dba Sunshine Food Mart Docket No 2017-1237-PST-E on January 30 2018 assessing $3750 in administrative penalties with $750 deferred Information concerning any aspect of this order may be obtained by contacting Caleb Olson Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087 TRD-201800401 Bridget C Bohac Chief Clerk Texas Commission on Environmental Quality Filed January 31 2018

diams diams diams Notice of a Proposed Renewal with Amendment of General Permit TXG830000 Authorizing the Discharge of Wastewater The Texas Commission on Environmental Quality (TCEQ or commis-sion) is proposing to renew and amend Texas Pollutant Discharge Elim-ination System General Permit TXG830000 This general permit au-thorizes the discharge of water contaminated by petroleum substances into or adjacent to water in the state The proposed general permit ap-plies to the entire state of Texas General permits are authorized by Texas Water Code sect26040

PROPOSED GENERAL PERMIT The executive director has pre-pared a draft general permit renewal with amendments of an existing general permit that authorizes the discharge of water contaminated by petroleum substances into or adjacent to water in the state No significant degradation of high quality waters is expected and existing uses will be maintained and protected The executive director proposes

to require certain dischargers to submit a Notice of Intent to obtain authorization to discharge

The executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) according to Coastal Coordination Advisory Committee regulations and has determined that the action is consistent with applicable CMP goals and policies

A copy of the proposed general permit and fact sheet are available for viewing and copying at the TCEQ Office of the Chief Clerk located at the TCEQ Austin office at 12100 Park 35 Circle Building F These documents are also available at the TCEQs 16 regional offices and on the TCEQ website at httpwwwtceqtexasgovpermittingwaste-watergeneralindexhtml

PUBLIC COMMENTPUBLIC MEETING You may submit public comments or request a public meeting about this proposed general per-mit The purpose of a public meeting is to provide the opportunity to submit written or oral comment or to ask questions about the proposed general permit Generally the TCEQ will hold a public meeting if the executive director determines that there is a significant degree of public interest in the proposed general permit or if requested by a state legis-lator A public meeting is not a contested case hearing

Written public comments must be received by the Office of the Chief Clerk MC 105 TCEQ PO Box 13087 Austin Texas 78711-3087 or electronically at wwwtceqtexasgovaboutcommentshtml within 30 days from the date this notice is published

APPROVAL PROCESS After the comment period the executive di-rector will consider all the public comments and prepare a written re-sponse The response will be filed with the TCEQ Office of the Chief Clerk at least 10 days before the scheduled commission meeting when the commission will consider approval of the general permit The com-mission will consider all public comment in making its decision and will either adopt the executive directors response or prepare its own response The commission will issue its written response on the gen-eral permit at the same time the commission issues or denies the gen-eral permit A copy of any issued general permit and response to com-ments will be made available to the public for inspection at the agencys Austin office and regional offices A notice of the commissioners ac-tion on the proposed general permit and a copy of its response to com-ments will be mailed to each person who submitted a comment Also a notice of the commissions action on the proposed general permit and the text of its response to comments will be published in the Texas Reg-ister

MAILING LISTS In addition to submitting public comments you may ask to be placed on a mailing list to receive future public notices mailed by the TCEQ Office of the Chief Clerk You may request to be added to 1) the mailing list for this specific general permit 2) the permanent mailing list for a specific county or 3) both Clearly specify the mailing lists to which you wish to be added and send your request to the TCEQ Office of the Chief Clerk at the address previously mentioned Unless you otherwise specify you will be included only on the mailing list for this specific general permit

INFORMATION If you need more information about this general per-mit or the permitting process please call the TCEQ Public Education Program toll free at (800) 687-4040 General information about the TCEQ can be found at our website at httpwwwtceqtexasgov

Further information may also be obtained by calling Laurie Fleet TCEQ Water Quality Division at (512) 239-5445

Si desea informacioacuten en espantildeol puede llamar (800) 687-4040 TRD-201800344

IN ADDITION February 9 2018 43 TexReg 797

diams diams diams

Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 26 2018

diams diams diams Notice of Opportunity to Comment on a Default Order of Administrative Enforcement Actions The Texas Commission on Environmental Quality (TCEQ or commis-sion) staff is providing an opportunity for written public comment on the listed Default Order (DO) The commission staff proposes a DO when the staff has sent the Executive Directors Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations the pro-posed penalty the proposed technical requirements necessary to bring the entity back into compliance and the entity fails to request a hear-ing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing Similar to the proce-dure followed with respect to Agreed Orders entered into by the execu-tive director of the commission in accordance with Texas Water Code (TWC) sect7075 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 March 13 2018 The commission will consider any writ-ten comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate improper inadequate or inconsistent with the requirements of the statutes and rules within the commissions jurisdiction or the commissions orders and permits issued in accordance with the commissions regulatory au-thority Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written com-ments

A copy of the proposed DO is available for public inspection at both the commissions central office located at 12100 Park 35 Circle Building A 3rd Floor Austin Texas 78753 (512) 239-3400 and at the appli-cable regional office listed as follows Written comments about the DO should be sent to the attorney designated for the DO at the com-missions central office at PO Box 13087 MC 175 Austin Texas 78711-3087 and must be received by 500 pm on March 13 2018 Comments may also be sent by facsimile machine to the attorney at (512) 239-3434 The commissions attorney is available to discuss the DO andor the comment procedure at the listed phone number how-ever TWC sect7075 provides that comments on the DO shall be submit-ted to the commission in writing

(1) COMPANY Justin Vincent DOCKET NUMBER 2017-0818-LII-E TCEQ ID NUMBER RN109698712 LOCATION On-alaska Polk County (Facility) and 7421 Teaswood Drive Conroe Montgomery County TYPE OF FACILITY business RULES VIO-LATED TWC sect37003 Texas Occupations Code sect1903251 and 30 TAC sect305(a) by failing to hold an irrigator license prior to selling designing consulting installing altering repairing or servicing an irrigation system PENALTY $948 STAFF ATTORNEY Audrey Liter Litigation Division MC 175 (512) 239-0684 REGIONAL OF-FICE Beaumont Regional Office 3870 Eastex Freeway Beaumont Texas 77703-1830 (409) 898-3838 TRD-201800377 Charmaine Backens Director Litigation Division Texas Commission on Environmental Quality Filed January 30 2018

Notice of Opportunity to Comment on Agreed Orders of Administrative Enforcement Actions The Texas Commission on Environmental Quality (TCEQ agency or commission) staff is providing an opportunity for written public com-ment on the listed Agreed Orders (AOs) in accordance with Texas Wa-ter Code (TWC) sect7075 TWC sect7075 requires that before the com-mission may approve the AOs the commission shall allow the pub-lic an opportunity to submit written comments on the proposed AOs TWC sect7075 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 March 13 2018 TWC sect7075 also requires that the commission promptly consider any written comments received and that the com-mission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropri-ate improper inadequate or inconsistent with the requirements of the statutes and rules within the commissions jurisdiction or the commis-sions orders and permits issued in accordance with the commissions regulatory authority Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments

A copy of each proposed AO is available for public inspection at both the commissions central office located at 12100 Park 35 Circle Build-ing A 3rd Floor Austin Texas 78753 (512) 239 3400 and at the ap-plicable regional office listed as follows Written comments about an AO should be sent to the attorney designated for the AO at the commis-sions central office at PO Box 13087 MC 175 Austin Texas 78711 3087 and must be received by 500 pm on March 13 2018 Com-ments may also be sent by facsimile machine to the attorney at (512) 239-3434 The designated attorneys are available to discuss the AOs andor the comment procedure at the listed phone numbers however TWC sect7075 provides that comments on an AO shall be submitted to the commission in writing

(1) COMPANY ASHEVILLE ENTERPRISES INC dba Mr Ts Convenience Store DOCKET NUMBER 2017-1163-PST-E TCEQ ID NUMBER RN101998573 LOCATION 6808 Bowman Springs Road Arlington Tarrant County TYPE OF FACILITY underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) PENALTY $3750 STAFF ATTORNEY Joey Washburn Litigation Division MC 175 (512) 239-1297 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(2) COMPANY City of White Settlement DOCKET NUMBER 2017-0676-PWS-E TCEQ ID NUMBER RN101390292 LOCA-TION 214 Meadow Park Drive White Settlement Tarrant County TYPE OF FACILITY public water system RULES VIOLATED 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required sample sites have the samples analyzed and report the results to the executive director (ED) and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples 30 TAC sect290271(b) and sect290274(a) and (c) by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year and failing to submit to the TCEQ by July 1st of each year a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with the compliance monitoring data and 30 TAC sect290122(c)(2)(A) and (f) by failing

43 TexReg 798 February 9 2018 Texas Register

to provide public notification and submit a copy of the notification to the ED regarding the failure to submit a Disinfectant Level Quarterly Operating Report PENALTY $1950 STAFF ATTORNEY Adam Taylor Litigation Division MC 175 (512) 239-3345 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(3) COMPANY GUL ENTERPRISES LLC dba Texaco Corner DOCKET NUMBER 2016-0591-PST-E TCEQ ID NUMBER RN102352911 LOCATION 2700 East 5th Street Tyler Smith County TYPE OF FACILITY underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) PENALTY $4500 STAFF ATTORNEY Amanda Patel Litigation Division MC 175 (512) 239-3990 REGIONAL OFFICE Tyler Regional Office 2916 Teague Drive Tyler Texas 75701-3734 (903) 535-5100

(4) COMPANY Howard C Bigham Jr dba Key Mobile Home Park DOCKET NUMBER 2017-0571-PWS-E TCEQ ID NUMBER RN101246262 LOCATION 2116 Tuscola Avenue near Snyder Scurry County TYPE OF FACILITY public water system RULES VIOLATED 30 TAC sect290110(e)(4)(A) and (f)(3) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2dii by failing to submit a Disinfectant Level Quarterly Oper-ating Report (DLQOR) to the executive director (ED) 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2di by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED 30 TAC sect290117(c)(2)(A) (h) and (i)(1) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2di by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED 30 TAC sect290117(i)(6) and (j) by failing to mail consumer notification of lead tap water monitoring results to persons served at the locations that were sampled and failing to submit to the TCEQ a copy of the consumer notification and certification that the consumer notification had been distributed to the persons served at the locations in a manner consistent with TCEQ requirements 30 TAC sect290271(b) and sect290274(a) and (c) by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st for each year and failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ 30 TAC sect290122(c)(2)(A) and (f) by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a DLQOR to the ED and the failure to collect lead and copper tap samples 30 TAC sect29046(f)(2) (3)(A)(i)(III) (ii)(III) and (B)(iii) and TCEQ Order Docket Number 2015-0103-PWS-E Ordering Pro-vision Number 2a by failing to maintain water works operation and maintenance records and make them readily available to commission personnel upon request 30 TAC sect29044(i) and TCEQ Order Docket Number 2015-0103-PWS-E Ordering Provision Number 2c by failing to obtain an approval from the ED prior to supplying drinking water distributed by a tanker truck or trailer to persons served by the facility 30 TAC sect29046(i) by failing to adopt an adequate plumbing ordinance regulations or service agreement with provisions for proper enforcement to ensure that neither cross-connection nor other unacceptable plumbing practices are permitted 30 TAC sect29046(z) by failing to create a nitrification action plan for a system distributing chloraminated water 30 TAC sect29042(e)(3)(G) by failing to obtain

an exception in accordance with 30 TAC sect29039(l) prior to blending water containing chloramines and water containing free chlorine 30 TAC sect29046(f)(2) (3)(B)(iv) and (D)(ii) by failing to maintain water works operation and maintenance records and make them readily available to commission personnel upon request and Texas Health and Safety Code sect3410315(c) and 30 TAC sect29046(d)(2)(B) and sect290110(b)(4) by failing to maintain a disinfectant residual of at least 05 milligrams per liter of chloramine (measured as total chlorine) throughout the distribution system at all times PENALTY $3614 STAFF ATTORNEY Ian Groetsch Litigation Division MC 175 (512) 239-2225 REGIONAL OFFICE Abilene Regional Office 1977 Industrial Boulevard Abilene Texas 79602-7833 (325) 698-9674

(5) COMPANY ICR Energy LLC dba Bitters Road Express Grocery amp Dry Cleaners DOCKET NUMBER 2016-2093-MLM-E TCEQ ID NUMBER RN102980265 LOCATION 1005 West Bitters Road San Antonio Bexar County TYPE OF FACILITY dry cleaning drop station underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED Texas Health and Safety Code sect374102(a) and 30 TAC sect33710(a)(1) and (2) by failing to complete and submit the required registration form to the TCEQ for a dry cleaning facility andor drop station facility TWC sect263475(a) and 30 TAC sect33450(b)(1)(A) by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(c)(1) and 30 TAC sect33450(b)(2)(A)(i)(III) by failing to provide release detection for the pressurized piping associated with the UST system 30 TAC sect3348(c)(4)(A)(vii) and (5)(B)(ii) by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date TWC sect263467(a) and 30 TAC sect3348(c)(5)(A)(i) by failing to make available to a common carrier a valid current TCEQ delivery certificate before accepting delivery of a regulated substance into the UST 30 TAC sect3348(c)(5)(C) by failing to ensure that a legible tag label or marking with the UST identifica-tion 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 according to the UST registration and self-certification form TWC sect263475(c)(2) and 30 TAC sect33442(i) by failing to inspect all sumps including dispenser sumps manways overspill containers or catchment basins associated with a UST system at least once every 60 days to ensure that their sides bottoms and any penetration points are maintained liquid tight and free of any liquid or debris and 30 TAC sect37815(a) and (b) by failing to demonstrate acceptable financial as-surance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs PENALTY $18440 STAFF ATTORNEY Amanda Patel Litigation Division MC 175 (512) 239-3990 REGIONAL OFFICE San Antonio Regional Office 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096

(6) COMPANY RIJAL TRADERS INC dba Mercado Food amp Fuels DOCKET NUMBER 2016-0136-PST-E TCEQ ID NUM-BER RN102978657 LOCATION 301 East Avenue G Conroe Montgomery County TYPE OF FACILITY underground stor-age tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(a) and 30 TAC sect33450(b)(2)(A)(i)(III) by failing to test the line leak detectors at least once per year for performance and operational reliability TWC sect263475(a) and 30 TAC sect33450(b)(2)(A)(ii) by failing to provide release detection for the pressurized piping associated with the UST system and 30 TAC sect33450(d)(1)(B) by failing to conduct inventory

IN ADDITION February 9 2018 43 TexReg 799

control procedures including volume measurement reconciliation of detailed inventory control records at least once a month in a manner sufficiently accurate to detect a release which equals or exceeds the sum of 10 of the total substance flow through for the month plus 130 gallons PENALTY $5607 STAFF ATTORNEY Ian Groetsch Litigation Division MC 175 (512) 239-2225 REGIONAL OFFICE Houston Regional Office 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(7) COMPANY SEMINOLE VENTURES LLC dba Alsbury Food Mart DOCKET NUMBER 2017-0644-PST-E TCEQ ID NUMBER RN102021508 LOCATION 776 Northeast Alsbury Boulevard Burleson Tarrant County TYPE OF FACILITY underground stor-age tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(d) and 30 TAC sect33449(a)(4) by failing to provide corrosion protection for the UST system and 30 TAC sect33410(b) and 30 TAC sect33451(c)(1) by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel PENALTY $7313 STAFF AT-TORNEY Isaac Ta Litigation Division MC 175 (512) 239-0683 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800 TRD-201800376 Charmaine Backens Director Litigation Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Notice of Public Hearing on Proposed Revisions The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revi-sions to 30 TAC Chapter 305 Consolidated Permits sect305541 under the requirements of Texas Government Code Chapter 2001 Subchap-ter B

The proposed rulemaking would amend sect305541 to adopt by refer-ence 40 Code of Federal Regulations Part 441 as published on June 14 2017 in the Federal Register (82 FedReg 27154 - 27178) and mi-nor corrections to the rule that were published in the Federal Register on June 26 2017 and July 5 2017 (82 FedReg 28777 82 FedReg 30997) The proposed rulemaking would also adopt by reference the United States Environmental Protection Agencys Effluent Limitations Guidelines and Standards for the Dental Category

The commission will hold a public hearing on this proposal in Austin on March 8 2018 at 200 pm in Building E Room 201S at the com-missions central office located at 12100 Park 35 Circle The hearing is structured for the receipt of oral or written comments by interested persons Individuals may present oral statements when called upon in order of registration Open discussion will not be permitted during the hearing however commission staff members will be available to dis-cuss the proposal 30 minutes prior to the hearing

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

Written comments may be submitted to Ms Kris Hogan MC 205 Office of Legal Services Texas Commission on Environ-mental Quality PO Box 13087 Austin Texas 78711-3087 or

faxed to (512) 239-4808 Electronic comments may be submitted at httpwww1tceqtexasgovrulesecomments File size restric-tions may apply to comments being submitted via the eComments system All comments should reference Rule Project Number 2017-009-305-OW The comment period closes on March 12 2018 Copies of the proposed rulemaking can be obtained from the commis-sions website at httpwwwtceqtexasgovrulespropose_adopthtml For further information please contact Laurie Fleet Wastewater Permitting Section at (512) 239-5445 TRD-201800346 Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 26 2018

diams diams diams Notice of Water Rights Application

Notices issued January 25 2018

APPLICATION NO 13340 The City of Wichita Falls 600 11th Street Room 209 Wichita Falls Texas 76301 Applicant seeks a temporary water use permit to divert and use not to exceed 20 acre-feet of wa-ter over a two-year period from Plum Creek at a maximum diversion rate of 022 cfs (100 gpm) for agricultural purposes in Wichita County The application and fees were received on September 23 2016 Ad-ditional information and fees were received on April 28 2017 The application was declared administratively complete and filed with the Office of the Chief Clerk on June 22 2017 The Executive Director completed the technical review of the application and prepared a draft permit The draft permit if granted would include special conditions including but not limited to installing a measuring device for diver-sions The application technical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 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 by February 9 2018

APPLICATION NO 13419 Magellan Terminals Holdings LP One Williams Center OTC-8 Tulsa Oklahoma 74172 Applicant seeks a temporary water use permit to divert and use not to exceed 200 acre-feet of water within a period of three years from a point on Buffalo Bayou (Houston Ship Channel) San Jacinto River Basin for industrial pur-poses in Harris County The application and fees were received on August 14 2017 Additional information and fees were received on September 21 and September 26 2017 The application was declared administratively complete and filed with the Office of the Chief Clerk on October 24 2017 The Executive Director completed the technical review of the application and prepared a draft permit The draft permit if granted would include special conditions including but not limited to installing a measuring device for diversions The application tech-nical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 78753 Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below by February 9 2018

APPLICATION NO 18-2445A Camp Mystic Inc Route 2 Box 257 Hunt Texas 78024 Applicant seeks to amend Certificate of Adjudi-cation No 18-2445 to authorize an existing dam and reservoir with a capacity of 15 acre-feet on Cypress Creek Guadalupe River Basin for recreational purposes in Kerr County The application does not re-quest a new appropriation of water or to increase the amount of water

43 TexReg 800 February 9 2018 Texas Register

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authorized to be stored taken or diverted The application and partial fees were received on April 28 2015 Additional information and fees were received on October 5 and October 27 2016 and June 23 2017 The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on July 12 2017 The Ex-ecutive Director has completed the technical review of the application and prepared a draft amendment The amendment if granted would include special conditions including but not limited to maintaining the reservoir full at all time with an alternate source of water The ap-plication technical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 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 sec-tion below within 30 days of the date of newspaper publication of the notice

To view the complete issued notice view the notice on our website at wwwtceqtexasgovagencyccpub_noticehtml or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete no-tice 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 con-tested 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) applicants name and permit number (3) the statement [Iwe] 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 applica-tion 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 re-quested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Com-mission 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 PO Box 13087 Austin Texas 78711-3087 For infor-mation concerning the hearing process please contact the Public Inter-est Counsel MC 103 at the same address For additional information individual members of the general public may contact the Public Edu-cation Program at (800) 687-4040 General information regarding the TCEQ can be found at our website at wwwtceqtexasgov Si desea informacioacuten en espantildeol puede llamar al (800) 687-4040 TRD-201800402 Bridget C Bohac Chief Clerk Texas Commission on Environmental Quality Filed January 31 2018

diams diams diams Update to the Water Quality Management Plan

The Texas Commission on Environmental Quality (TCEQ or commis-sion) requests comments from the public on the draft January 2018 Up-date to the WQMP for the State of Texas

Download the draft January 2018 WQMP Update at httpswwwtceqtexasgovpermittingwqmpWQmanagement_up-dateshtml or view a printed copy at the TCEQ Library Building A 12100 Park 35 Circle Austin Texas

The WQMP is developed and promulgated in accordance with the re-quirements of Federal Clean Water Act sect208 The draft update in-cludes projected effluent limits of specific domestic dischargers which may be useful for planning in future permit actions The draft update may also contain service area populations for listed wastewater treat-ment facilities designated management agency information and total maximum daily load (TMDL) revisions

Once the commission certifies a WQMP update it is submitted to the United States Environmental Protection Agency (EPA) for approval For some Texas Pollutant Discharge Elimination System (TPDES) per-mits the EPAs approval of a corresponding WQMP update is a neces-sary precondition to TPDES permit issuance by the commission

Deadline

All comments must be received at the TCEQ no later than 500 pm on March 12 2018

How to Submit Comments

Comments must be submitted in writing to

Nancy Vignali

Texas Commission on Environmental Quality

Water Quality Division MC 150

PO Box 13087

Austin Texas 78711-3087

Comments may also be faxed to (512) 239-4420 but must be followed up with written comments by mail within three working days of the fax date or by the comment deadline whichever is sooner

For further information or questions please contact Ms Vignali at (512) 239-1303 or by email at NancyVignalitceqtexasgov TRD-201800378 Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Texas Ethics Commission List of Late Filers Below is a list from the Texas Ethics Commission naming the filers who failed to pay the penalty fine for failure to file the report or filing a late report in reference to the specified filing deadline If you have any questions you may contact Jennifer Griggs at (512) 463-5800

Deadline Personal Financial Statement due October 23 2017

00081802 - Michael Dokupil 4212 San Felipe Suite 410 Houston Texas 77027

TRD-201800306 Seana Willing Executive Director Texas Ethics Commission Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 801

Texas Lottery Commission Scratch Ticket Game Number 2071 Lucky Dog 10 Name and Style of Scratch Ticket Game

A The name of Scratch Ticket Game No 2071 is LUCKY DOG The play style is key symbol match

11 Price of Scratch Ticket Game

A The price for Scratch Ticket Game No 2071 shall be $100 per Scratch Ticket

12 Definitions in Scratch Ticket Game No 2071

A Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear

B Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket

C Play Symbol- The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize Each

Play Symbol is printed in Symbol font in black ink in positive except for dual-image games The possible black Play Symbols are

MAX PLAY SYMBOL CHARLIE PLAY SYMBOL COCO PLAY SYMBOL SPOT PLAY SYMBOL RUSS PLAY SYMBOL JACK PLAY SYMBOL FIDO PLAY SYMBOL MOLLY PLAY SYMBOL BRUCE PLAY SYMBOL ROCKY PLAY SYMBOL LOLA PLAY SYMBOL ROVER PLAY SYMBOL BUDDY PLAY SYMBOL DUKE PLAY SYMBOL SPIKE PLAY SYMBOL SOPHIE PLAY SYMBOL BUSTER PLAY SYBMOL RUFUS PLAY SYMBOL DINO PLAY SYMBOL SADIE PLAY SYMBOL GINGER PLAY SYMBOL BAILEY PLAY SYMBOL $1 $2 $5 $10 $20 $50 $100 and $500

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

43 TexReg 802 February 9 2018 Texas Register

IN ADDITION February 9 2018 43 TexReg 803

E Serial Number- A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket The Serial Number is for validation purposes and cannot be used to play the game The format will be 0000000000000

F Bar Code - A 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 Scratch Ticket number and the ten (10) digit Validation Number The Bar Code appears on the back of the Scratch Ticket

G Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2071) a seven (7) digit Pack number and a three (3) digit Scratch Ticket number Scratch Ticket numbers start with 001 and end with 150 within each Pack The format will be 2071-0000001-001

H Pack - A Pack of the LUCKY DOG Scratch Ticket Game contains 150 Tickets packed in plastic shrink-wrapping and fanfolded in pages of five (5) Tickets 001 to 005 will be on the top page Tickets 006 to 010 on the next page etc and Tickets 146 to 150 will be on the last page with backs exposed Ticket 001 will be folded over so the front of Ticket 001 and 010 will be exposed

I Non-Winning Scratch Ticket - A Scratch Ticket which is not pro-grammed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures the State Lottery Act (Texas Government Code Chapter 466) and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401

J Scratch Ticket Game Scratch Ticket or Ticket - Texas Lottery LUCKY DOG Scratch Ticket Game No 2071

20 Determination of Prize Winners The determination of prize win-ners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401302 Scratch Ticket Game Rules these Game Procedures and the requirements set out on the back of each Scratch Ticket A prize winner in the LUCKY DOG Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 8 (eight) Play Symbols If a player matches any of the YOUR DOGS Play Symbols to the WINNING DOG Play Symbol the player wins the PRIZE for that dog No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket

21 Scratch Ticket Validation Requirements

A To be a valid Scratch Ticket all of the following requirements must be met

1 Exactly 8 (eight) Play Symbols must appear under the Latex Over-print on the front portion of the Scratch Ticket

2 Each of the Play Symbols must have a Play Symbol Caption under-neath unless specified and each Play Symbol must agree with its Play Symbol Caption

3 Each of the Play Symbols must be present in its entirety and be fully legible

4 Each of the Play Symbols must be printed in black ink except for dual image games

5 The Scratch Ticket shall be intact

6 The Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be present in their entirety and be fully legible

7 The Serial Number must correspond using the Texas Lotterys codes to the Play Symbols on the Scratch Ticket

8 The Scratch Ticket must not have a hole punched through it be mutilated altered unreadable reconstituted or tampered with in any manner

9 The Scratch Ticket must not be counterfeit in whole or in part

10 The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner

11 The Scratch Ticket must not have been stolen nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery

12 The Play Symbols Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be right side up and not reversed in any manner

13 The Scratch Ticket must be complete and not miscut and have exactly 8 (eight) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket exactly one Serial Number exactly one Retailer Validation Code and exactly one Pack-Scratch Ticket Number on the Scratch Ticket

14 The Serial Number of an apparent winning Scratch Ticket shall cor-respond with the Texas Lotterys Serial Numbers for winning Scratch Tickets and a Scratch Ticket with that Serial Number shall not have been paid previously

15 The Scratch Ticket must not be blank or partially blank misregis-tered defective or printed or produced in error

16 Each of the 8 (eight) Play Symbols must be exactly one of those described in Section 12C of these Game Procedures

17 Each of the 8 (eight) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery

18 The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery and

19 The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines

B The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures the Texas Lotterys Rules governing the award of prizes of the amount to be validated and any confidential validation and security tests of the Texas Lottery

C Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid However the Executive Director may solely at the Executive Directors discretion refund the retail sales price of the Scratch Ticket In the event a de-fective Scratch Ticket is purchased the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket solely at the Executive Directors discretion

22 Programmed Game Parameters

A Consecutive Non-Winning Tickets within a Pack will not have matching patterns in the same order of either Play Symbols or Prize Symbols

43 TexReg 804 February 9 2018 Texas Register

B The top Prize Symbol will appear on every Ticket unless restricted by other parameters play action or prize structure

C No matching non-winning YOUR DOGS Play Symbols on a Ticket

D A non-winning Prize Symbol will never match a winning Prize Sym-bol

E No matching non-winning Prize Symbols on a Ticket unless re-stricted by other parameters play action or prize structure

23 Procedure for Claiming Prizes

A To claim a LUCKY DOG Scratch Ticket Game prize of $100 $200 $500 $1000 $2000 $5000 $100 or $500 a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer The Texas Lottery Retailer shall verify the claim and if valid and upon presentation of proper identification if appropriate make payment of the amount due the claimant and physically void the Scratch Ticket provided that the Texas Lottery Retailer may but is not required to pay a $5000 $100 or $500 Scratch Ticket Game In the event the Texas Lottery Retailer cannot verify the claim the Texas Lottery Retailer shall provide the claimant with a claim form and in-struct 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 23B of these Game Procedures

B As an alternative method of claiming a LUCKY DOG Scratch Ticket Game prize the claimant must sign the winning Scratch Ticket thoroughly complete a claim form and mail both to Texas Lottery Commission PO Box 16600 Austin Texas 78761-6600 The Texas Lottery is not responsible for Scratch Tickets lost in the mail In the event that the claim is not validated by the Texas Lottery the claim shall be denied and the claimant shall be notified promptly

C Prior to payment by the Texas Lottery of any prize the Texas Lottery shall deduct

1 A sufficient amount from the winnings of a prize winner who has been finally determined to be

a delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code sect403055

b in default on a loan made under Chapter 52 Education Code or

c in default on a loan guaranteed under Chapter 57 Education Code and

2 delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231 Family Code

D If a person is indebted or owes delinquent taxes to the State other than those specified in the preceding paragraph the winnings of a per-son shall be withheld until the debt or taxes are paid

24 Allowance for Delay of Payment The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director under any of the following circumstances

A if a dispute occurs or it appears likely that a dispute may occur regarding the prize

B if there is any question regarding the identity of the claimant

C if there is any question regarding the validity of the Scratch Ticket presented for payment or

D if the claim is subject to any deduction from the payment otherwise due as described in Section 23C of these Game Procedures No liabil-ity for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim

25 Payment of Prizes to Persons Under 18 If a person under the age of 18 years is entitled to a cash prize under $600 from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deliver to an adult member of the minors family or the minors guardian a check or war-rant in the amount of the prize payable to the order of the minor

26 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deposit the amount of the prize in a custodial bank account with an adult member of the minors family or the minors guardian serving as custodian for the minor

27 Scratch Ticket Claim Period All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military person-nel as set forth in Texas Government Code sect466408 Any rights to a prize that is not claimed within that period and in the manner specified in these Game Procedures and on the back of each Scratch Ticket shall be forfeited

28 Disclaimer The number of prizes in a game is approximate based on the number of Scratch Tickets ordered The number of actual prizes available in a game may vary based on number of Scratch Tickets man-ufactured testing distribution sales and number of prizes claimed A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed

30 Scratch Ticket Ownership

A Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket When a signature is placed on the back of the Scratch Ticket in the space designated the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto Notwithstanding any name or names submitted on a claim form the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated If more than one name appears on the back of the Scratch Ticket the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment

B The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket

40 Number and Value of Scratch Ticket Prizes There will be approx-imately 9120000 Scratch Tickets in Scratch Ticket Game No 2071 The approximate number and value of prizes in the game are as fol-lows

IN ADDITION February 9 2018 43 TexReg 805

A The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission

50 End of the Scratch Ticket Game The Executive Director may at any time announce a closing date (end date) for the Scratch Ticket Game No 2071 without advance notice at which point no further Scratch Tickets in that game may be sold The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Scratch Ticket Game Rules See 16 TAC sect401302(j)

60 Governing Law In purchasing a Scratch Ticket the player agrees to comply with and abide by these Game Procedures for Scratch Ticket Game No 2071 the State Lottery Act (Texas Government Code Chap-ter 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-201800382 Bob Biard General Counsel Texas Lottery Commission Filed January 30 2018

diams diams diams Public Utility Commission of Texas Major Consulting Services Contract RFP No 473-17-00005 Project No 47410

Contract No 473-17-00005 for a financial audit of the Texas Universal Service Fund and internal control audit of the Texas Universal Service Fund Administrator

Consultant

Hurlbert CPA LLC

PO Box 615

Liberty MO 64063

Contract No 473-17-00005 expires April 30 2021

Compensation $159000

Contractor will submit a draft audit for FY 2017 by March 15 2018 and a final audit by May 15 2018

For FY 2018 2019 2020 - Draft audit due by the last working day in January following the close of the fiscal year audited Final audit due by the last working day in March following the close of the fiscal year audited

Public Utility Commission of Texas

1701 N Congress Avenue

Austin TX 78711

Point of contact jaystonepuctexasgov

Publication in Texas Register after entering into major consulting ser-vices contract required by Texas Government Code sect2254030 TRD-201800380

43 TexReg 806 February 9 2018 Texas Register

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Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Service Provider Certificate of Operating Authority

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 29 2018 in accordance with Public Utility Regulatory Act sectsect54151 - 54156

Docket Title and Number Application of Aeon Communications LLC for an Amendment to its Service Provider Certificate of Operating Au-thority Docket Number 47993

Applicant seeks to amend service provider certificate of operating au-thority number 60882 to reflect discontinuation of certain telecommu-nications services and to permanently withdraw from offering any ser-vices in the State of Texas

Persons wishing to comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than February 23 2018 Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47993 TRD-201800391 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 24 2018 to amend certificates of convenience and necessity in Medina County

Docket Style and Number Application of the City of Castroville to Amend its Water Certificate of Convenience and Necessity and to De-certify a Portion of New Alsace Water Supply Corporations Service Area in Medina County Docket Number 47985

The Application The City of Castroville filed an application to amend its water certificate of convenience and necessity (CCN) No 10218 and to decertify a portion of New Alsace Water Supply Corporations service area under CCN No 12558 in Medina County The total area being requested includes approximately 7 acres and no current cus-tomers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47985 TRD-201800384 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

Notice of Application to Amend Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Util-ity Commission of Texas on January 17 2018 to amend a certificate of convenience and necessity (CCN) in Hays County

Docket Style and Number Application of the City of Dripping Springs to Amend a Water Certificate of Convenience and Necessity in Hays County Docket Number 47957

The Application The City of Dripping Springs filed an application to amend its water CCN No 13030 to add service area in Hays County The total area being requested includes approximately 522 acres and zero current customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47957 TRD-201800386 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend Water Certificates of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Com-mission of Texas (commission) on January 23 2018 of an applica-tion to amend water certificates of convenience and necessity (CCN) in Rockwall and Kaufman Counties

Docket Style and Number Application of the City of Heath to Amend a Water Certificate of Convenience and Necessity Under Water Code sect13255 and to Decertify a Portion of Forney Lake Water Supply Cor-porations Service Area in Rockwall and Kaufman Counties Docket Number 47979

The Application The City of Heath filed an application to amend water CCN No 12060 to provide water service to the Forney Lake Water Supply Corporations (FLWS) CCN area and to decertify a portion of the FLWS CCN No 10086 in Rockwall and Kaufman Counties The total area being removed from CCN No 10086 includes approximately 2600 acres and 839 customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47979 TRD-201800330 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 807

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Texas Racing Commission Notice of Deadline Pursuant to sect313 of the Texas Racing Act Texas Revised Civil Statutes Ann Art 179e and Title 16 Texas Administrative Code sect309299 the Executive Director for the Texas Racing Commission provides notice that Monday March 1 2018 is the deadline to request Commission recognition as the horsemens representative organization

Section 313 of the Texas Racing Act authorizes the Commission to recognize an organization to represent members of a segment of the racing industry including owners breeders trainers kennel operators and other persons involved in the racing industry In 16 TAC sect309299 the Commission has adopted criteria for being recognized as the organ-ization to represent horse owners and trainers This organization will be responsible for negotiating with each licensed racetrack regarding the racetracks live racing programs including but not limited to the allocation of purse money to various live races the exporting of simul-cast signals and the importing of simulcast signals during live race meetings

To be eligible for recognition as the horsemens representative organi-zation each officer and director of the organization during the two-year

term of the recognition must be licensed by the Commission as an owner or trainer The Commission will also review the experience and qualifications of the organizations directors executive officers and management personnel the organizations benevolence programs and the degree to which the organizations membership represents a fair and equitable cross-section of the horse owners and trainers participating at each of the racetracks in this state The organization is subject to audit by the Texas Racing Commission

To request recognition an organization must file a written request on a form prescribed by the Executive Director To obtain a copy of the form or for more information interested persons should contact Devon Bi-jansky General Counsel Texas Racing Commission PO Box 12080 Austin Texas 78711-2080 (512) 833-6699 FAX (512) 833-6907 TRD-201800304 Devon Bijansky General Counsel Texas Racing Commission Filed January 24 2018

43 TexReg 808 February 9 2018 Texas Register

(13) COMPANY Industrial Asphalt LLC DOCKET NUMBER 2017-1421-AIR-E IDENTIFIER RN108082330 LOCATION Schertz Comal County TYPE OF FACILITY hot mix asphalt plant RULES VIOLATED 30 TAC sect116115(c) Texas Health and Safety Code sect382085(b) Standard Permit Registration Number 130426 and Air Quality Standard Permit for Hot Mix Asphalt Plants General Requirements (1)(H) by failing to prevent visible fugitive emissions from leaving the property for a period exceeding 30 seconds in any six-minute period PENALTY $2625 ENFORCEMENT COORDI-NATOR Shelby Orme (512) 239-1001 REGIONAL OFFICE 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096

(14) COMPANY Intergulf Corporation DOCKET NUMBER 2017-1013-AIR-E IDENTIFIER RN105127476 LOCATION La Porte Harris County TYPE OF FACILITY petrochemical plant RULES VIOLATED 30 TAC sect116115(c) New Source Review (NSR) Per-mit Number 85092 Special Conditions (SC) Number 16A and Texas Health and Safety Code (THSC) sect382085(b) by failing to comply with permitted sampling requirements 30 TAC sect116115(c) NSR Per-mit Number 85092 SC Number 16A and THSC sect382085(b) by failing to submit a permit application no later than 30 days after de-tecting volatile organic compounds from the final canister 30 TAC sect116115(c) NSR Permit Number 85092 SC Number 16B(1) and THSC sect382085(b) by failing to calibrate the flame ionization detec-tor immediately prior to performing sampling of the Carbon Adsorpo-tion System (CAS) 30 TAC sect116115(c) NSR Permit Number 85092 SC Number 16D and THSC sect382085(b) by failing to maintain adequate records for sampling of the CAS and 30 TAC sect116115(c) and sect1172035(e)(9) NSR Permit Number 85092 SC Number 23 and THSC sect382085(b) by failing to submit a stack test report within 60 days after the test was complete PENALTY $46147 Supplemental Environmental Project offset amount of $18450 ENFORCEMENT COORDINATOR David Carney (512) 239-2583 REGIONAL OF-FICE 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(15) COMPANY JC ALL SEASONS MARKET INCORPO-RATED DOCKET NUMBER 2017-1282-PST-E IDENTIFIER RN101435055 LOCATION Houston Harris County TYPE OF FACILITY a convenience store with retail sales of gasoline RULES VIOLATED 30 TAC sect33450(b)(2) and TWC sect263475(a) by failing to provide release detection for the pressurized piping associated with the underground storage tank system and 30 TAC sect115225 Texas Health and Safety Code sect382085(b) and 40 Code of Federal Regulations sect6311120(a) by failing to conduct the annual testing of the Stage I equipment PENALTY $3603 ENFORCEMENT COORDINATOR Epifanio Villarreal (361) 825-3421 REGIONAL OFFICE 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(16) COMPANY Luis Enrique Estrada DOCKET NUMBER 2017-1119-MSW-E IDENTIFIER RN109302489 LOCATION Belton Bell County TYPE OF FACILITY unauthorized municipal solid waste (MSW) site RULES VIOLATED 30 TAC sect33015(a) and (c) by failing to cause suffer allow or permit the unauthorized disposal of MSW PENALTY $1312 ENFORCEMENT COORDI-NATOR John Paul Fennell (512) 239-2616 REGIONAL OFFICE 6801 Sanger Avenue Suite 2500 Waco Texas 76710-7826 (254) 751-0335

(17) COMPANY Medina Childrens Home DOCKET NUMBER 2017-1262-PST-E IDENTIFIER RN101252146 LOCATION Medina Bandera County TYPE OF FACILITY fleet refueling facility RULES VIOLATED 30TAC sect33450(b)(1)(A) and TWC sect263475(c)(1) by failing to monitor the underground storage tank for releases at a frequency of at least once every month PENALTY

$3263 ENFORCEMENT COORDINATOR John Paul Fennell (512) 239-2616 REGIONAL OFFICE 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096

(18) COMPANY Pasadena Refining System Incorporated DOCKET NUMBER 2014-0228-MLM-E IDENTIFIER RN100716661 LO-CATION Pasadena Harris County TYPE OF FACILITY petroleum refinery RULES VIOLATED 30 TAC sect115729(b) and Texas Health and Safety Code (THSC) sect382085(b) by failing to demonstrate initial compliance with the vent gas control requirements by no later than 60 days after being brought into Highly Reactive Volatile Organic Compound (HRVOC) service for the SZORB Heater Emissions Point Number (EPN) HTLSG001 the Crude Heater 4 (EPN HTCRU004) the Atmospheric and Vacuum Tower Heaters (EPN HTCRU001-S) and Hydrotreater RH1 and RH2 Heaters (EPNs HTREF001 and HTREF002) 30 TAC sect115726(a)(2) and THSC sect382085(b) by failing to submit written notification to the Houston Regional Office at least 45 days prior to conducting vent gas stream testing 30 TAC sect122132(e)(2)(A) and sect122210(a) and THSC sect382085(b) by failing to submit an application for a revision to Federal Operating Permit (FOP) Number O1544 to add the applicable requirements for each emissions unit 30 TAC sect116115(c) and sect122143(4) THSC sect382085(b) FOP Number O1544 Special Terms and Conditions (STC) Numbers 1A 17 and 22A(i)2 and New Source Review (NSR) Permit Numbers 20246 22039 and 56389 Special Conditions (SC) Number 1 by failing to comply with the permitted emissions rate 30 TAC sect116115(c) and sect122143(4) FOP Number O1544 STC Number 17 NSR Permit Number 56389 SC Number 29C and THSC sect382085(b) by failing to demonstrate initial compliance for nitrogen oxides (NO

x) carbon monoxide (CO) and sulfur dioxide before the deadline for the Atmospheric and Vacuum Tower Heaters (EPN HTCRU001-S) 30 TAC sect117335(a) and sect1179020(2)(A)(ii)(I) and (C)(i) and THSC sect382085(b) by failing to demonstrate initial compliance for NOx

for Hydrotreater RH1 and RH2 Heaters (EPNs HTREF001 and HTREF002) 30 TAC sect117345(c)(1) and THSC sect382085(b) by failing to submit a stack test report within 60 days after conducting a stack test 30 TAC sect116115(c) and sect122143(4) FOP Number O1544 STC Numbers 1A and 17 NSR Permit Number 56389 SC Numbers 1 20 and 21 and THSC sect382085(b) by failing to comply with the permitted emissions rates and emissions limits 30 TAC sect116115(c) and sect122143(4) FOP Number O1544 STC Numbers 1A and 17 NSR Permit Number 56389 SC Number 21 and THSC sect382085(b) by failing to limit the CO concentration to 100 parts per million by volume corrected to 3 oxygen 30 TAC sect115725(a)(1)(C) and sect122143(4) FOP Number O1544 STC Number 1A and THSC sect382085(b) by failing to comply with the established fuel gas flow rates 30 TAC sectsect10120(1) 101221(a) 116115(c) and 122143(4) FOP Number O1544 STC Number 17 40 Code of Federal Regulations sect6018(c)(2) NSR Permit Number 56389 SC Numbers 1 and 6B NSR Permit Number 20246 SC Number 1 and THSC sect382085(b) by failing to prevent unautho-rized emissions 30 TAC sect116115(c) and sect122143(4) FOP Number O1544 STC Numbers 1A and 17 NSR Permit Number 56389 SC Numbers 1 20 and 21 and THSC sect382085(b) by failing to comply with the permitted emissions rates and emissions limits and TWC sect26121(a)(1) 30 TAC sect305125(1) and Texas Pollutant Discharge Elimination System Permit Number WQ0000574000 Effluent Limi-tations and Monitoring Requirements Number 1 for Outfall Number 002 by failing to comply with the permitted effluent limitations PENALTY $907191 Supplemental Environmental Project offset amount of $453595 ENFORCEMENT COORDINATOR Raime Hayes-Falero (713) 767-3567 REGIONAL OFFICE 5425 Polk Avenue Suite H Houston Texas 77023-1486 (713) 767-3500

43 TexReg 794 February 9 2018 Texas Register

(19) COMPANY SEHER ENTERPRISE INCORPORATED dba Best Food Mart DOCKET NUMBER 2017-0890-PST-E IDENTIFIER RN102901535 LOCATION Tomball Harris County TYPE OF FACILITY convenience store with retail sales of gasoline RULES VIOLATED 30 TAC sect33449(a)(1) and TWC sect263475(d) by failing to provide corrosion protection for the underground storage tank (UST) system 30 TAC sect33450(b)(2) and TWC sect263475(a) by failing to provide release detection for the pressurized piping associated with the UST system and 30 TAC sect115225 Texas Health and Safety Code sect382085(b) and 40 Code of Federal Regulations sect6311120(a) by failing to comply with annual Stage I vapor recovery testing require-ments PENALTY $8478 ENFORCEMENT COORDINATOR Danielle Porras (713) 767-3682 REGIONAL OFFICE 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(20) COMPANY SHADY GROVE NUMBER 2 WATER SUPPLY CORPORATION DOCKET NUMBER 2017-1506-PWS-E IDEN-TIFIER RN101457760 LOCATION Sulphur Springs Hopkins County TYPE OF FACILITY public water supply RULES VI-OLATED 30 TAC sect290117(c)(2)(A) (h) and (i)(1) by failing to collect lead and copper tap samples at the required 20 sample sites have the samples analyzed and report the results to the executive di-rector (ED) for the January 1 2017 - June 30 2017 monitoring period 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required ten sample sites have the samples analyzed and report the results to the ED for the January 1 2016 - December 31 2016 monitoring period and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1 2016 - December 31 2016 monitoring period and 30 TAC sect290117(c)(2)(C) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required ten sample sites have the samples analyzed and report the results to the ED for the January 1 2013 - December 31 2015 monitoring period and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1 2013 - December 31 2015 monitoring period PENALTY $639 ENFORCEMENT COORDINATOR Steven Hall (512) 239-2569 REGIONAL OFFICE 2916 Teague Drive Tyler Texas 75701-3734 (903) 535-5100

(21) COMPANY SOIL BUILDING SYSTEMS INCORPO-RATED DOCKET NUMBER 2017-1516-MSW-E IDENTIFIER RN109611822 LOCATION Dallas Dallas County TYPE OF FA-CILITY composting and recycling facility RULES VIOLATED 30 TAC sect3285(b) by failing to submit a Notice of Intent to the executive director prior to the commencement of recycling activities 30 TAC sect3285(c)(1) by failing to provide a written cost estimate showing the cost of hiring a third party to close the facility by disposition of all processed and unprocessed materials 30 TAC sect3285(f)(1) and (2) by failing to maintain recycling records to show compliance with the requirements for limitations on storage of recyclable materials and reasonable efforts to maintain source-separation of materials received by the facility and 30 TAC sect3285(d) and sect37921 by failing to establish and maintain financial assurance for the closure of the facility that stores combustible materials outdoors PENALTY $4876 ENFORCEMENT COORDINATOR Margarita Dennis (817) 588-5892 REGIONAL OFFICE 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(22) COMPANY Solutia Incorporated DOCKET NUMBER 2017-1313-AIR-E IDENTIFIER RN103057568 LOCATION Alvin Brazoria County TYPE OF FACILITY chemical manufactur-ing plant RULES VIOLATED 30 TAC sectsect115354(2)(c) 116115(c) and 122143(4) New Source Review (NSR) Permit Number 3046

Special Conditions (SC) Number 9F Federal Operating Permit (FOP) Number O2317 Special Terms and Conditions (STC) Numbers 1A and 17 and Texas Health and Safety Code (THSC) sect382085(b) by failing to conduct Leak Detection and Repair monitoring on 173 out of 184 valves in gasvapor service during the third quarter of 2015 30 TAC sect116115(c) and sect122143(4) NSR Permit Number 3046 SC Number 5B FOP Number O2317 STC Number 17 and THSC sect382085(b) by failing to comply with the maximum liquid surface temperature of 140 degree Fahrenheit and 30 TAC sect122143(4) and sect122145(2)(A) FOP Number O2317 General Terms and Condi-tions and THSC sect382085(b) by failing to report all instances of deviations PENALTY $9682 ENFORCEMENT COORDINATOR David Carney (512) 239-2583 REGIONAL OFFICE 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(23) COMPANY Southwest Convenience Stores LLC dba 7 Eleven 57812 and 7 Eleven 57816 DOCKET NUMBER 2016-1411-PST-E IDENTIFIERS RN102410701 (Facility 1) and RN102436987 (Facil-ity 2) LOCATION Midland Midland County TYPE OF FACILITY convenience store with retail sales of gasoline and diesel fuel RULES VIOLATED 30TAC sect33474 by failing to investigate a suspected release of regulated substance within 30 days of discovery (Facility 1 and 2) and 30TAC sect33472 by failing to report a suspected release to the TCEQ within 24 hours of discovery (Facility 1 and 2) PENALTY $37700 ENFORCEMENT COORDINATOR Tyler Richardson (512) 239-4872 REGIONAL OFFICE 3300 North A Street Building 4 Suite 107 Midland Texas 79705-5404 (432) 570-1359

(24) COMPANY Sunoco Partners Marketing and Terminals LP DOCKET NUMBER 2017-1251-AIR-E IDENTIFIER RN100214626 LOCATION Nederland Jefferson County TYPE OF FACILITY petroleum storage terminal RULES VIOLATED 30 TAC sectsect10120(3) 116115(b)(2)(F) and (c) and 122143(4) New Source Review Permit Numbers 56508 and PSDTX1444 Special Conditions Number 1 Federal Operating Permit (FOP) Number O1573 Special Terms and Conditions Number 10 and Texas Health and Safety Code (THSC) sect382085(b) by failing to comply with the permitted annual maximum allowable emissions rate and 30 TAC sect122145(2)(A) and sect122143(4) FOP Number O1573 General Terms and Conditions and THSC sect382085(b) by failing to report all instances of deviations PENALTY $47195 Supplemental Environmental Project offset amount of $18878 ENFORCEMENT COORDINATOR David Carney (512) 239-2583 REGIONAL OFFICE 3870 Eastex Freeway Beaumont Texas 77703-1830 (409) 898-3838

(25) COMPANY UTOPIA WATER SUPPLY CORPORA-TION DOCKET NUMBER 2017-1543-PWS-E IDENTIFIER RN101256980 LOCATION Utopia Uvalde County TYPE OF FACILITY public water supply RULES VIOLATED 30 TAC sect29044(h)(1)(A) by failing to install a backflow prevention assembly or an air gap at all residences or establishments where an actual or potential contamination hazard exists as identified in 30 TAC sect29047(f) 30 TAC sect29046(m)(4) by failing to maintain all distribu-tion system lines storage and pressure maintenance facilities water treatment units and all related appurtenances in a watertight condition and 30 TAC sect29042(b)(2)(C) by failing to provide all processes involving exposure of the water to atmospheric contamination with subsequent disinfection of the water ahead of ground storage tanks and be accomplished in a manner such that insects birds and other foreign materials will be excluded from the water PENALTY $250 ENFORCEMENT COORDINATOR Paige Bond (512) 239-2678 REGIONAL OFFICE 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096 TRD-201800379

IN ADDITION February 9 2018 43 TexReg 795

Charmaine Backens Director Litigation Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Enforcement Orders An agreed order was adopted regarding Venus Operating Corp dba Venus Food Mart Docket No 2016-1188-PST-E on January 30 2018 assessing $4125 in administrative penalties with $825 deferred Infor-mation concerning any aspect of this order may be obtained by contact-ing John Fennell Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding United States Department of Agriculture Docket No 2016-1329-PST-E on January 30 2018 as-sessing $3375 in administrative penalties with $675 deferred Infor-mation concerning any aspect of this order may be obtained by contact-ing Ronica Rodriguez Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Naresh P Patel dba Westside Grocery Docket No 2016-1490-PST-E on January 30 2018 assess-ing $3375 in administrative penalties with $675 deferred Informa-tion concerning any aspect of this order may be obtained by contacting Ronica Rodriguez Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding MERITOCRACY UNION INC dba Tex Mex Food Mart 1 Docket No 2016-1564-PST-E on January 30 2018 assessing $5754 in administrative penalties Information concerning any aspect of this order may be obtained by contacting Jess Robinson Staff Attorney at (512) 239-3400 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Saakshi Inc Docket No 2016-1758-PST-E on January 30 2018 assessing $4500 in administrative penalties with $900 deferred Information concerning any aspect of this order may be obtained by contacting Alejandro Laje Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SHIV OMKARA INC dba Bulldog Express Mart Docket No 2016-1871-PST-E on January 30 2018 assessing $3375 in administrative penalties with $675 deferred Information concerning any aspect of this order may be obtained by contacting Jonathan Nguyen Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Akbar Ali Momin dba Leander Grocery Docket No 2017-0171-PST-E on January 30 2018 assess-ing $3563 in administrative penalties with $712 deferred Informa-tion concerning any aspect of this order may be obtained by contact-ing Ross Luedtke Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Cliff J Chambers Docket No 2017-0339-OSS-E on January 30 2018 assessing $527 in administra-tive penalties Information concerning any aspect of this order may be obtained by contacting Jake Marx Staff Attorney at (512) 239-3400

Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding FRANKLIN EXPRESSWAY INC and G amp G LIONS INC dba Lions Den Exxon Docket No 2017-0545-PST-E on January 30 2018 assessing $3750 in administra-tive penalties with $750 deferred Information concerning any aspect of this order may be obtained by contacting Margarita Dennis Enforce-ment Coordinator at (512) 239-2545 Texas Commission on Environ-mental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Shane Taylor and Conway Clary Docket No 2017-0635-PST-E on January 30 2018 assess-ing $2250 in administrative penalties with $450 deferred Informa-tion concerning any aspect of this order may be obtained by contact-ing Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Monarch Mountain Minerals amp Aggregates LLC Docket No 2017-0639-AIR-E on January 30 2018 assessing $2550 in administrative penalties with $510 deferred Infor-mation concerning any aspect of this order may be obtained by contact-ing Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SHIVAM BUSINESS INC dba Lonestar Exxon Docket No 2017-0750-PST-E on January 30 2018 assessing $6879 in administrative penalties with $1375 deferred Information concerning any aspect of this order may be obtained by contacting Ken Moller Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding BUFFALO CHEVRON FOOD MART INC dba Chevron of Buffalo Docket No 2017-0780-PST-E on January 30 2018 assessing $2567 in administrative penalties with $513 deferred Information concerning any aspect of this order may be obtained by contacting Jonathan Nguyen Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding RAHIL INVESTMENTS INC dba West End Grocery Docket No 2017-0869-PST-E on January 30 2018 assessing $3375 in administrative penalties with $675 deferred Information concerning any aspect of this order may be obtained by contacting Caleb Olson Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Vishva Inc dba Pac N Go 905 Docket No 2017-0903-PST-E on January 30 2018 assessing $3000 in administrative penalties with $600 deferred Information concern-ing any aspect of this order may be obtained by contacting Farhaud Abbaszadeh Enforcement Coordinator at (512) 239-2545 Texas Com-mission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SilverBow Resources Operat-ing LLC Docket No 2017-0912-AIR-E on January 30 2018 assess-ing $7276 in administrative penalties with $1455 deferred Informa-tion concerning any aspect of this order may be obtained by contact-ing Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Gulmohar Enterprises Inc dba Honey Grove Gas and Grocery Docket No 2017-0952-PST-E on

43 TexReg 796 February 9 2018 Texas Register

January 30 2018 assessing $3129 in administrative penalties with $625 deferred Information concerning any aspect of this order may be obtained by contacting Ken Moller Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Legacy Reserves Operating LP Docket No 2017-0970-AIR-E on January 30 2018 assessing $4500 in administrative penalties with $900 deferred Information concerning any aspect of this order may be obtained by contacting Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Reliant Processing Group LLC Docket No 2017-1014-IWD-E on January 30 2018 assessing $5625 in administrative penalties with $1125 deferred Information concern-ing any aspect of this order may be obtained by contacting Sandra Dou-glas Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding CIRCLE K STORES INC dba CIRCLE K 2704034 Docket No 2017-1191-PST-E on January 30 2018 assessing $7500 in administrative penalties with $1500 deferred Information concerning any aspect of this order may be obtained by contacting Austin Henck Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SBE ENTERPRISES INC dba Ekko Fuels and Oil Docket No 2017-1213-PST-E on January 30 2018 assessing $1736 in administrative penalties with $347 deferred Information concerning any aspect of this order may be obtained by contacting Carlos Molina Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SUNSHINE FOOD MART INC dba Sunshine Food Mart Docket No 2017-1237-PST-E on January 30 2018 assessing $3750 in administrative penalties with $750 deferred Information concerning any aspect of this order may be obtained by contacting Caleb Olson Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087 TRD-201800401 Bridget C Bohac Chief Clerk Texas Commission on Environmental Quality Filed January 31 2018

diams diams diams Notice of a Proposed Renewal with Amendment of General Permit TXG830000 Authorizing the Discharge of Wastewater The Texas Commission on Environmental Quality (TCEQ or commis-sion) is proposing to renew and amend Texas Pollutant Discharge Elim-ination System General Permit TXG830000 This general permit au-thorizes the discharge of water contaminated by petroleum substances into or adjacent to water in the state The proposed general permit ap-plies to the entire state of Texas General permits are authorized by Texas Water Code sect26040

PROPOSED GENERAL PERMIT The executive director has pre-pared a draft general permit renewal with amendments of an existing general permit that authorizes the discharge of water contaminated by petroleum substances into or adjacent to water in the state No significant degradation of high quality waters is expected and existing uses will be maintained and protected The executive director proposes

to require certain dischargers to submit a Notice of Intent to obtain authorization to discharge

The executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) according to Coastal Coordination Advisory Committee regulations and has determined that the action is consistent with applicable CMP goals and policies

A copy of the proposed general permit and fact sheet are available for viewing and copying at the TCEQ Office of the Chief Clerk located at the TCEQ Austin office at 12100 Park 35 Circle Building F These documents are also available at the TCEQs 16 regional offices and on the TCEQ website at httpwwwtceqtexasgovpermittingwaste-watergeneralindexhtml

PUBLIC COMMENTPUBLIC MEETING You may submit public comments or request a public meeting about this proposed general per-mit The purpose of a public meeting is to provide the opportunity to submit written or oral comment or to ask questions about the proposed general permit Generally the TCEQ will hold a public meeting if the executive director determines that there is a significant degree of public interest in the proposed general permit or if requested by a state legis-lator A public meeting is not a contested case hearing

Written public comments must be received by the Office of the Chief Clerk MC 105 TCEQ PO Box 13087 Austin Texas 78711-3087 or electronically at wwwtceqtexasgovaboutcommentshtml within 30 days from the date this notice is published

APPROVAL PROCESS After the comment period the executive di-rector will consider all the public comments and prepare a written re-sponse The response will be filed with the TCEQ Office of the Chief Clerk at least 10 days before the scheduled commission meeting when the commission will consider approval of the general permit The com-mission will consider all public comment in making its decision and will either adopt the executive directors response or prepare its own response The commission will issue its written response on the gen-eral permit at the same time the commission issues or denies the gen-eral permit A copy of any issued general permit and response to com-ments will be made available to the public for inspection at the agencys Austin office and regional offices A notice of the commissioners ac-tion on the proposed general permit and a copy of its response to com-ments will be mailed to each person who submitted a comment Also a notice of the commissions action on the proposed general permit and the text of its response to comments will be published in the Texas Reg-ister

MAILING LISTS In addition to submitting public comments you may ask to be placed on a mailing list to receive future public notices mailed by the TCEQ Office of the Chief Clerk You may request to be added to 1) the mailing list for this specific general permit 2) the permanent mailing list for a specific county or 3) both Clearly specify the mailing lists to which you wish to be added and send your request to the TCEQ Office of the Chief Clerk at the address previously mentioned Unless you otherwise specify you will be included only on the mailing list for this specific general permit

INFORMATION If you need more information about this general per-mit or the permitting process please call the TCEQ Public Education Program toll free at (800) 687-4040 General information about the TCEQ can be found at our website at httpwwwtceqtexasgov

Further information may also be obtained by calling Laurie Fleet TCEQ Water Quality Division at (512) 239-5445

Si desea informacioacuten en espantildeol puede llamar (800) 687-4040 TRD-201800344

IN ADDITION February 9 2018 43 TexReg 797

diams diams diams

Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 26 2018

diams diams diams Notice of Opportunity to Comment on a Default Order of Administrative Enforcement Actions The Texas Commission on Environmental Quality (TCEQ or commis-sion) staff is providing an opportunity for written public comment on the listed Default Order (DO) The commission staff proposes a DO when the staff has sent the Executive Directors Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations the pro-posed penalty the proposed technical requirements necessary to bring the entity back into compliance and the entity fails to request a hear-ing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing Similar to the proce-dure followed with respect to Agreed Orders entered into by the execu-tive director of the commission in accordance with Texas Water Code (TWC) sect7075 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 March 13 2018 The commission will consider any writ-ten comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate improper inadequate or inconsistent with the requirements of the statutes and rules within the commissions jurisdiction or the commissions orders and permits issued in accordance with the commissions regulatory au-thority Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written com-ments

A copy of the proposed DO is available for public inspection at both the commissions central office located at 12100 Park 35 Circle Building A 3rd Floor Austin Texas 78753 (512) 239-3400 and at the appli-cable regional office listed as follows Written comments about the DO should be sent to the attorney designated for the DO at the com-missions central office at PO Box 13087 MC 175 Austin Texas 78711-3087 and must be received by 500 pm on March 13 2018 Comments may also be sent by facsimile machine to the attorney at (512) 239-3434 The commissions attorney is available to discuss the DO andor the comment procedure at the listed phone number how-ever TWC sect7075 provides that comments on the DO shall be submit-ted to the commission in writing

(1) COMPANY Justin Vincent DOCKET NUMBER 2017-0818-LII-E TCEQ ID NUMBER RN109698712 LOCATION On-alaska Polk County (Facility) and 7421 Teaswood Drive Conroe Montgomery County TYPE OF FACILITY business RULES VIO-LATED TWC sect37003 Texas Occupations Code sect1903251 and 30 TAC sect305(a) by failing to hold an irrigator license prior to selling designing consulting installing altering repairing or servicing an irrigation system PENALTY $948 STAFF ATTORNEY Audrey Liter Litigation Division MC 175 (512) 239-0684 REGIONAL OF-FICE Beaumont Regional Office 3870 Eastex Freeway Beaumont Texas 77703-1830 (409) 898-3838 TRD-201800377 Charmaine Backens Director Litigation Division Texas Commission on Environmental Quality Filed January 30 2018

Notice of Opportunity to Comment on Agreed Orders of Administrative Enforcement Actions The Texas Commission on Environmental Quality (TCEQ agency or commission) staff is providing an opportunity for written public com-ment on the listed Agreed Orders (AOs) in accordance with Texas Wa-ter Code (TWC) sect7075 TWC sect7075 requires that before the com-mission may approve the AOs the commission shall allow the pub-lic an opportunity to submit written comments on the proposed AOs TWC sect7075 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 March 13 2018 TWC sect7075 also requires that the commission promptly consider any written comments received and that the com-mission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropri-ate improper inadequate or inconsistent with the requirements of the statutes and rules within the commissions jurisdiction or the commis-sions orders and permits issued in accordance with the commissions regulatory authority Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments

A copy of each proposed AO is available for public inspection at both the commissions central office located at 12100 Park 35 Circle Build-ing A 3rd Floor Austin Texas 78753 (512) 239 3400 and at the ap-plicable regional office listed as follows Written comments about an AO should be sent to the attorney designated for the AO at the commis-sions central office at PO Box 13087 MC 175 Austin Texas 78711 3087 and must be received by 500 pm on March 13 2018 Com-ments may also be sent by facsimile machine to the attorney at (512) 239-3434 The designated attorneys are available to discuss the AOs andor the comment procedure at the listed phone numbers however TWC sect7075 provides that comments on an AO shall be submitted to the commission in writing

(1) COMPANY ASHEVILLE ENTERPRISES INC dba Mr Ts Convenience Store DOCKET NUMBER 2017-1163-PST-E TCEQ ID NUMBER RN101998573 LOCATION 6808 Bowman Springs Road Arlington Tarrant County TYPE OF FACILITY underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) PENALTY $3750 STAFF ATTORNEY Joey Washburn Litigation Division MC 175 (512) 239-1297 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(2) COMPANY City of White Settlement DOCKET NUMBER 2017-0676-PWS-E TCEQ ID NUMBER RN101390292 LOCA-TION 214 Meadow Park Drive White Settlement Tarrant County TYPE OF FACILITY public water system RULES VIOLATED 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required sample sites have the samples analyzed and report the results to the executive director (ED) and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples 30 TAC sect290271(b) and sect290274(a) and (c) by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year and failing to submit to the TCEQ by July 1st of each year a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with the compliance monitoring data and 30 TAC sect290122(c)(2)(A) and (f) by failing

43 TexReg 798 February 9 2018 Texas Register

to provide public notification and submit a copy of the notification to the ED regarding the failure to submit a Disinfectant Level Quarterly Operating Report PENALTY $1950 STAFF ATTORNEY Adam Taylor Litigation Division MC 175 (512) 239-3345 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(3) COMPANY GUL ENTERPRISES LLC dba Texaco Corner DOCKET NUMBER 2016-0591-PST-E TCEQ ID NUMBER RN102352911 LOCATION 2700 East 5th Street Tyler Smith County TYPE OF FACILITY underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) PENALTY $4500 STAFF ATTORNEY Amanda Patel Litigation Division MC 175 (512) 239-3990 REGIONAL OFFICE Tyler Regional Office 2916 Teague Drive Tyler Texas 75701-3734 (903) 535-5100

(4) COMPANY Howard C Bigham Jr dba Key Mobile Home Park DOCKET NUMBER 2017-0571-PWS-E TCEQ ID NUMBER RN101246262 LOCATION 2116 Tuscola Avenue near Snyder Scurry County TYPE OF FACILITY public water system RULES VIOLATED 30 TAC sect290110(e)(4)(A) and (f)(3) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2dii by failing to submit a Disinfectant Level Quarterly Oper-ating Report (DLQOR) to the executive director (ED) 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2di by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED 30 TAC sect290117(c)(2)(A) (h) and (i)(1) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2di by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED 30 TAC sect290117(i)(6) and (j) by failing to mail consumer notification of lead tap water monitoring results to persons served at the locations that were sampled and failing to submit to the TCEQ a copy of the consumer notification and certification that the consumer notification had been distributed to the persons served at the locations in a manner consistent with TCEQ requirements 30 TAC sect290271(b) and sect290274(a) and (c) by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st for each year and failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ 30 TAC sect290122(c)(2)(A) and (f) by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a DLQOR to the ED and the failure to collect lead and copper tap samples 30 TAC sect29046(f)(2) (3)(A)(i)(III) (ii)(III) and (B)(iii) and TCEQ Order Docket Number 2015-0103-PWS-E Ordering Pro-vision Number 2a by failing to maintain water works operation and maintenance records and make them readily available to commission personnel upon request 30 TAC sect29044(i) and TCEQ Order Docket Number 2015-0103-PWS-E Ordering Provision Number 2c by failing to obtain an approval from the ED prior to supplying drinking water distributed by a tanker truck or trailer to persons served by the facility 30 TAC sect29046(i) by failing to adopt an adequate plumbing ordinance regulations or service agreement with provisions for proper enforcement to ensure that neither cross-connection nor other unacceptable plumbing practices are permitted 30 TAC sect29046(z) by failing to create a nitrification action plan for a system distributing chloraminated water 30 TAC sect29042(e)(3)(G) by failing to obtain

an exception in accordance with 30 TAC sect29039(l) prior to blending water containing chloramines and water containing free chlorine 30 TAC sect29046(f)(2) (3)(B)(iv) and (D)(ii) by failing to maintain water works operation and maintenance records and make them readily available to commission personnel upon request and Texas Health and Safety Code sect3410315(c) and 30 TAC sect29046(d)(2)(B) and sect290110(b)(4) by failing to maintain a disinfectant residual of at least 05 milligrams per liter of chloramine (measured as total chlorine) throughout the distribution system at all times PENALTY $3614 STAFF ATTORNEY Ian Groetsch Litigation Division MC 175 (512) 239-2225 REGIONAL OFFICE Abilene Regional Office 1977 Industrial Boulevard Abilene Texas 79602-7833 (325) 698-9674

(5) COMPANY ICR Energy LLC dba Bitters Road Express Grocery amp Dry Cleaners DOCKET NUMBER 2016-2093-MLM-E TCEQ ID NUMBER RN102980265 LOCATION 1005 West Bitters Road San Antonio Bexar County TYPE OF FACILITY dry cleaning drop station underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED Texas Health and Safety Code sect374102(a) and 30 TAC sect33710(a)(1) and (2) by failing to complete and submit the required registration form to the TCEQ for a dry cleaning facility andor drop station facility TWC sect263475(a) and 30 TAC sect33450(b)(1)(A) by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(c)(1) and 30 TAC sect33450(b)(2)(A)(i)(III) by failing to provide release detection for the pressurized piping associated with the UST system 30 TAC sect3348(c)(4)(A)(vii) and (5)(B)(ii) by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date TWC sect263467(a) and 30 TAC sect3348(c)(5)(A)(i) by failing to make available to a common carrier a valid current TCEQ delivery certificate before accepting delivery of a regulated substance into the UST 30 TAC sect3348(c)(5)(C) by failing to ensure that a legible tag label or marking with the UST identifica-tion 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 according to the UST registration and self-certification form TWC sect263475(c)(2) and 30 TAC sect33442(i) by failing to inspect all sumps including dispenser sumps manways overspill containers or catchment basins associated with a UST system at least once every 60 days to ensure that their sides bottoms and any penetration points are maintained liquid tight and free of any liquid or debris and 30 TAC sect37815(a) and (b) by failing to demonstrate acceptable financial as-surance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs PENALTY $18440 STAFF ATTORNEY Amanda Patel Litigation Division MC 175 (512) 239-3990 REGIONAL OFFICE San Antonio Regional Office 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096

(6) COMPANY RIJAL TRADERS INC dba Mercado Food amp Fuels DOCKET NUMBER 2016-0136-PST-E TCEQ ID NUM-BER RN102978657 LOCATION 301 East Avenue G Conroe Montgomery County TYPE OF FACILITY underground stor-age tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(a) and 30 TAC sect33450(b)(2)(A)(i)(III) by failing to test the line leak detectors at least once per year for performance and operational reliability TWC sect263475(a) and 30 TAC sect33450(b)(2)(A)(ii) by failing to provide release detection for the pressurized piping associated with the UST system and 30 TAC sect33450(d)(1)(B) by failing to conduct inventory

IN ADDITION February 9 2018 43 TexReg 799

control procedures including volume measurement reconciliation of detailed inventory control records at least once a month in a manner sufficiently accurate to detect a release which equals or exceeds the sum of 10 of the total substance flow through for the month plus 130 gallons PENALTY $5607 STAFF ATTORNEY Ian Groetsch Litigation Division MC 175 (512) 239-2225 REGIONAL OFFICE Houston Regional Office 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(7) COMPANY SEMINOLE VENTURES LLC dba Alsbury Food Mart DOCKET NUMBER 2017-0644-PST-E TCEQ ID NUMBER RN102021508 LOCATION 776 Northeast Alsbury Boulevard Burleson Tarrant County TYPE OF FACILITY underground stor-age tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(d) and 30 TAC sect33449(a)(4) by failing to provide corrosion protection for the UST system and 30 TAC sect33410(b) and 30 TAC sect33451(c)(1) by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel PENALTY $7313 STAFF AT-TORNEY Isaac Ta Litigation Division MC 175 (512) 239-0683 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800 TRD-201800376 Charmaine Backens Director Litigation Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Notice of Public Hearing on Proposed Revisions The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revi-sions to 30 TAC Chapter 305 Consolidated Permits sect305541 under the requirements of Texas Government Code Chapter 2001 Subchap-ter B

The proposed rulemaking would amend sect305541 to adopt by refer-ence 40 Code of Federal Regulations Part 441 as published on June 14 2017 in the Federal Register (82 FedReg 27154 - 27178) and mi-nor corrections to the rule that were published in the Federal Register on June 26 2017 and July 5 2017 (82 FedReg 28777 82 FedReg 30997) The proposed rulemaking would also adopt by reference the United States Environmental Protection Agencys Effluent Limitations Guidelines and Standards for the Dental Category

The commission will hold a public hearing on this proposal in Austin on March 8 2018 at 200 pm in Building E Room 201S at the com-missions central office located at 12100 Park 35 Circle The hearing is structured for the receipt of oral or written comments by interested persons Individuals may present oral statements when called upon in order of registration Open discussion will not be permitted during the hearing however commission staff members will be available to dis-cuss the proposal 30 minutes prior to the hearing

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

Written comments may be submitted to Ms Kris Hogan MC 205 Office of Legal Services Texas Commission on Environ-mental Quality PO Box 13087 Austin Texas 78711-3087 or

faxed to (512) 239-4808 Electronic comments may be submitted at httpwww1tceqtexasgovrulesecomments File size restric-tions may apply to comments being submitted via the eComments system All comments should reference Rule Project Number 2017-009-305-OW The comment period closes on March 12 2018 Copies of the proposed rulemaking can be obtained from the commis-sions website at httpwwwtceqtexasgovrulespropose_adopthtml For further information please contact Laurie Fleet Wastewater Permitting Section at (512) 239-5445 TRD-201800346 Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 26 2018

diams diams diams Notice of Water Rights Application

Notices issued January 25 2018

APPLICATION NO 13340 The City of Wichita Falls 600 11th Street Room 209 Wichita Falls Texas 76301 Applicant seeks a temporary water use permit to divert and use not to exceed 20 acre-feet of wa-ter over a two-year period from Plum Creek at a maximum diversion rate of 022 cfs (100 gpm) for agricultural purposes in Wichita County The application and fees were received on September 23 2016 Ad-ditional information and fees were received on April 28 2017 The application was declared administratively complete and filed with the Office of the Chief Clerk on June 22 2017 The Executive Director completed the technical review of the application and prepared a draft permit The draft permit if granted would include special conditions including but not limited to installing a measuring device for diver-sions The application technical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 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 by February 9 2018

APPLICATION NO 13419 Magellan Terminals Holdings LP One Williams Center OTC-8 Tulsa Oklahoma 74172 Applicant seeks a temporary water use permit to divert and use not to exceed 200 acre-feet of water within a period of three years from a point on Buffalo Bayou (Houston Ship Channel) San Jacinto River Basin for industrial pur-poses in Harris County The application and fees were received on August 14 2017 Additional information and fees were received on September 21 and September 26 2017 The application was declared administratively complete and filed with the Office of the Chief Clerk on October 24 2017 The Executive Director completed the technical review of the application and prepared a draft permit The draft permit if granted would include special conditions including but not limited to installing a measuring device for diversions The application tech-nical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 78753 Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below by February 9 2018

APPLICATION NO 18-2445A Camp Mystic Inc Route 2 Box 257 Hunt Texas 78024 Applicant seeks to amend Certificate of Adjudi-cation No 18-2445 to authorize an existing dam and reservoir with a capacity of 15 acre-feet on Cypress Creek Guadalupe River Basin for recreational purposes in Kerr County The application does not re-quest a new appropriation of water or to increase the amount of water

43 TexReg 800 February 9 2018 Texas Register

diams diams diams

authorized to be stored taken or diverted The application and partial fees were received on April 28 2015 Additional information and fees were received on October 5 and October 27 2016 and June 23 2017 The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on July 12 2017 The Ex-ecutive Director has completed the technical review of the application and prepared a draft amendment The amendment if granted would include special conditions including but not limited to maintaining the reservoir full at all time with an alternate source of water The ap-plication technical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 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 sec-tion below within 30 days of the date of newspaper publication of the notice

To view the complete issued notice view the notice on our website at wwwtceqtexasgovagencyccpub_noticehtml or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete no-tice 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 con-tested 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) applicants name and permit number (3) the statement [Iwe] 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 applica-tion 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 re-quested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Com-mission 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 PO Box 13087 Austin Texas 78711-3087 For infor-mation concerning the hearing process please contact the Public Inter-est Counsel MC 103 at the same address For additional information individual members of the general public may contact the Public Edu-cation Program at (800) 687-4040 General information regarding the TCEQ can be found at our website at wwwtceqtexasgov Si desea informacioacuten en espantildeol puede llamar al (800) 687-4040 TRD-201800402 Bridget C Bohac Chief Clerk Texas Commission on Environmental Quality Filed January 31 2018

diams diams diams Update to the Water Quality Management Plan

The Texas Commission on Environmental Quality (TCEQ or commis-sion) requests comments from the public on the draft January 2018 Up-date to the WQMP for the State of Texas

Download the draft January 2018 WQMP Update at httpswwwtceqtexasgovpermittingwqmpWQmanagement_up-dateshtml or view a printed copy at the TCEQ Library Building A 12100 Park 35 Circle Austin Texas

The WQMP is developed and promulgated in accordance with the re-quirements of Federal Clean Water Act sect208 The draft update in-cludes projected effluent limits of specific domestic dischargers which may be useful for planning in future permit actions The draft update may also contain service area populations for listed wastewater treat-ment facilities designated management agency information and total maximum daily load (TMDL) revisions

Once the commission certifies a WQMP update it is submitted to the United States Environmental Protection Agency (EPA) for approval For some Texas Pollutant Discharge Elimination System (TPDES) per-mits the EPAs approval of a corresponding WQMP update is a neces-sary precondition to TPDES permit issuance by the commission

Deadline

All comments must be received at the TCEQ no later than 500 pm on March 12 2018

How to Submit Comments

Comments must be submitted in writing to

Nancy Vignali

Texas Commission on Environmental Quality

Water Quality Division MC 150

PO Box 13087

Austin Texas 78711-3087

Comments may also be faxed to (512) 239-4420 but must be followed up with written comments by mail within three working days of the fax date or by the comment deadline whichever is sooner

For further information or questions please contact Ms Vignali at (512) 239-1303 or by email at NancyVignalitceqtexasgov TRD-201800378 Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Texas Ethics Commission List of Late Filers Below is a list from the Texas Ethics Commission naming the filers who failed to pay the penalty fine for failure to file the report or filing a late report in reference to the specified filing deadline If you have any questions you may contact Jennifer Griggs at (512) 463-5800

Deadline Personal Financial Statement due October 23 2017

00081802 - Michael Dokupil 4212 San Felipe Suite 410 Houston Texas 77027

TRD-201800306 Seana Willing Executive Director Texas Ethics Commission Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 801

Texas Lottery Commission Scratch Ticket Game Number 2071 Lucky Dog 10 Name and Style of Scratch Ticket Game

A The name of Scratch Ticket Game No 2071 is LUCKY DOG The play style is key symbol match

11 Price of Scratch Ticket Game

A The price for Scratch Ticket Game No 2071 shall be $100 per Scratch Ticket

12 Definitions in Scratch Ticket Game No 2071

A Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear

B Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket

C Play Symbol- The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize Each

Play Symbol is printed in Symbol font in black ink in positive except for dual-image games The possible black Play Symbols are

MAX PLAY SYMBOL CHARLIE PLAY SYMBOL COCO PLAY SYMBOL SPOT PLAY SYMBOL RUSS PLAY SYMBOL JACK PLAY SYMBOL FIDO PLAY SYMBOL MOLLY PLAY SYMBOL BRUCE PLAY SYMBOL ROCKY PLAY SYMBOL LOLA PLAY SYMBOL ROVER PLAY SYMBOL BUDDY PLAY SYMBOL DUKE PLAY SYMBOL SPIKE PLAY SYMBOL SOPHIE PLAY SYMBOL BUSTER PLAY SYBMOL RUFUS PLAY SYMBOL DINO PLAY SYMBOL SADIE PLAY SYMBOL GINGER PLAY SYMBOL BAILEY PLAY SYMBOL $1 $2 $5 $10 $20 $50 $100 and $500

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

43 TexReg 802 February 9 2018 Texas Register

IN ADDITION February 9 2018 43 TexReg 803

E Serial Number- A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket The Serial Number is for validation purposes and cannot be used to play the game The format will be 0000000000000

F Bar Code - A 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 Scratch Ticket number and the ten (10) digit Validation Number The Bar Code appears on the back of the Scratch Ticket

G Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2071) a seven (7) digit Pack number and a three (3) digit Scratch Ticket number Scratch Ticket numbers start with 001 and end with 150 within each Pack The format will be 2071-0000001-001

H Pack - A Pack of the LUCKY DOG Scratch Ticket Game contains 150 Tickets packed in plastic shrink-wrapping and fanfolded in pages of five (5) Tickets 001 to 005 will be on the top page Tickets 006 to 010 on the next page etc and Tickets 146 to 150 will be on the last page with backs exposed Ticket 001 will be folded over so the front of Ticket 001 and 010 will be exposed

I Non-Winning Scratch Ticket - A Scratch Ticket which is not pro-grammed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures the State Lottery Act (Texas Government Code Chapter 466) and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401

J Scratch Ticket Game Scratch Ticket or Ticket - Texas Lottery LUCKY DOG Scratch Ticket Game No 2071

20 Determination of Prize Winners The determination of prize win-ners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401302 Scratch Ticket Game Rules these Game Procedures and the requirements set out on the back of each Scratch Ticket A prize winner in the LUCKY DOG Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 8 (eight) Play Symbols If a player matches any of the YOUR DOGS Play Symbols to the WINNING DOG Play Symbol the player wins the PRIZE for that dog No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket

21 Scratch Ticket Validation Requirements

A To be a valid Scratch Ticket all of the following requirements must be met

1 Exactly 8 (eight) Play Symbols must appear under the Latex Over-print on the front portion of the Scratch Ticket

2 Each of the Play Symbols must have a Play Symbol Caption under-neath unless specified and each Play Symbol must agree with its Play Symbol Caption

3 Each of the Play Symbols must be present in its entirety and be fully legible

4 Each of the Play Symbols must be printed in black ink except for dual image games

5 The Scratch Ticket shall be intact

6 The Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be present in their entirety and be fully legible

7 The Serial Number must correspond using the Texas Lotterys codes to the Play Symbols on the Scratch Ticket

8 The Scratch Ticket must not have a hole punched through it be mutilated altered unreadable reconstituted or tampered with in any manner

9 The Scratch Ticket must not be counterfeit in whole or in part

10 The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner

11 The Scratch Ticket must not have been stolen nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery

12 The Play Symbols Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be right side up and not reversed in any manner

13 The Scratch Ticket must be complete and not miscut and have exactly 8 (eight) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket exactly one Serial Number exactly one Retailer Validation Code and exactly one Pack-Scratch Ticket Number on the Scratch Ticket

14 The Serial Number of an apparent winning Scratch Ticket shall cor-respond with the Texas Lotterys Serial Numbers for winning Scratch Tickets and a Scratch Ticket with that Serial Number shall not have been paid previously

15 The Scratch Ticket must not be blank or partially blank misregis-tered defective or printed or produced in error

16 Each of the 8 (eight) Play Symbols must be exactly one of those described in Section 12C of these Game Procedures

17 Each of the 8 (eight) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery

18 The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery and

19 The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines

B The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures the Texas Lotterys Rules governing the award of prizes of the amount to be validated and any confidential validation and security tests of the Texas Lottery

C Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid However the Executive Director may solely at the Executive Directors discretion refund the retail sales price of the Scratch Ticket In the event a de-fective Scratch Ticket is purchased the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket solely at the Executive Directors discretion

22 Programmed Game Parameters

A Consecutive Non-Winning Tickets within a Pack will not have matching patterns in the same order of either Play Symbols or Prize Symbols

43 TexReg 804 February 9 2018 Texas Register

B The top Prize Symbol will appear on every Ticket unless restricted by other parameters play action or prize structure

C No matching non-winning YOUR DOGS Play Symbols on a Ticket

D A non-winning Prize Symbol will never match a winning Prize Sym-bol

E No matching non-winning Prize Symbols on a Ticket unless re-stricted by other parameters play action or prize structure

23 Procedure for Claiming Prizes

A To claim a LUCKY DOG Scratch Ticket Game prize of $100 $200 $500 $1000 $2000 $5000 $100 or $500 a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer The Texas Lottery Retailer shall verify the claim and if valid and upon presentation of proper identification if appropriate make payment of the amount due the claimant and physically void the Scratch Ticket provided that the Texas Lottery Retailer may but is not required to pay a $5000 $100 or $500 Scratch Ticket Game In the event the Texas Lottery Retailer cannot verify the claim the Texas Lottery Retailer shall provide the claimant with a claim form and in-struct 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 23B of these Game Procedures

B As an alternative method of claiming a LUCKY DOG Scratch Ticket Game prize the claimant must sign the winning Scratch Ticket thoroughly complete a claim form and mail both to Texas Lottery Commission PO Box 16600 Austin Texas 78761-6600 The Texas Lottery is not responsible for Scratch Tickets lost in the mail In the event that the claim is not validated by the Texas Lottery the claim shall be denied and the claimant shall be notified promptly

C Prior to payment by the Texas Lottery of any prize the Texas Lottery shall deduct

1 A sufficient amount from the winnings of a prize winner who has been finally determined to be

a delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code sect403055

b in default on a loan made under Chapter 52 Education Code or

c in default on a loan guaranteed under Chapter 57 Education Code and

2 delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231 Family Code

D If a person is indebted or owes delinquent taxes to the State other than those specified in the preceding paragraph the winnings of a per-son shall be withheld until the debt or taxes are paid

24 Allowance for Delay of Payment The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director under any of the following circumstances

A if a dispute occurs or it appears likely that a dispute may occur regarding the prize

B if there is any question regarding the identity of the claimant

C if there is any question regarding the validity of the Scratch Ticket presented for payment or

D if the claim is subject to any deduction from the payment otherwise due as described in Section 23C of these Game Procedures No liabil-ity for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim

25 Payment of Prizes to Persons Under 18 If a person under the age of 18 years is entitled to a cash prize under $600 from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deliver to an adult member of the minors family or the minors guardian a check or war-rant in the amount of the prize payable to the order of the minor

26 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deposit the amount of the prize in a custodial bank account with an adult member of the minors family or the minors guardian serving as custodian for the minor

27 Scratch Ticket Claim Period All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military person-nel as set forth in Texas Government Code sect466408 Any rights to a prize that is not claimed within that period and in the manner specified in these Game Procedures and on the back of each Scratch Ticket shall be forfeited

28 Disclaimer The number of prizes in a game is approximate based on the number of Scratch Tickets ordered The number of actual prizes available in a game may vary based on number of Scratch Tickets man-ufactured testing distribution sales and number of prizes claimed A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed

30 Scratch Ticket Ownership

A Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket When a signature is placed on the back of the Scratch Ticket in the space designated the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto Notwithstanding any name or names submitted on a claim form the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated If more than one name appears on the back of the Scratch Ticket the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment

B The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket

40 Number and Value of Scratch Ticket Prizes There will be approx-imately 9120000 Scratch Tickets in Scratch Ticket Game No 2071 The approximate number and value of prizes in the game are as fol-lows

IN ADDITION February 9 2018 43 TexReg 805

A The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission

50 End of the Scratch Ticket Game The Executive Director may at any time announce a closing date (end date) for the Scratch Ticket Game No 2071 without advance notice at which point no further Scratch Tickets in that game may be sold The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Scratch Ticket Game Rules See 16 TAC sect401302(j)

60 Governing Law In purchasing a Scratch Ticket the player agrees to comply with and abide by these Game Procedures for Scratch Ticket Game No 2071 the State Lottery Act (Texas Government Code Chap-ter 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-201800382 Bob Biard General Counsel Texas Lottery Commission Filed January 30 2018

diams diams diams Public Utility Commission of Texas Major Consulting Services Contract RFP No 473-17-00005 Project No 47410

Contract No 473-17-00005 for a financial audit of the Texas Universal Service Fund and internal control audit of the Texas Universal Service Fund Administrator

Consultant

Hurlbert CPA LLC

PO Box 615

Liberty MO 64063

Contract No 473-17-00005 expires April 30 2021

Compensation $159000

Contractor will submit a draft audit for FY 2017 by March 15 2018 and a final audit by May 15 2018

For FY 2018 2019 2020 - Draft audit due by the last working day in January following the close of the fiscal year audited Final audit due by the last working day in March following the close of the fiscal year audited

Public Utility Commission of Texas

1701 N Congress Avenue

Austin TX 78711

Point of contact jaystonepuctexasgov

Publication in Texas Register after entering into major consulting ser-vices contract required by Texas Government Code sect2254030 TRD-201800380

43 TexReg 806 February 9 2018 Texas Register

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Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Service Provider Certificate of Operating Authority

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 29 2018 in accordance with Public Utility Regulatory Act sectsect54151 - 54156

Docket Title and Number Application of Aeon Communications LLC for an Amendment to its Service Provider Certificate of Operating Au-thority Docket Number 47993

Applicant seeks to amend service provider certificate of operating au-thority number 60882 to reflect discontinuation of certain telecommu-nications services and to permanently withdraw from offering any ser-vices in the State of Texas

Persons wishing to comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than February 23 2018 Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47993 TRD-201800391 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 24 2018 to amend certificates of convenience and necessity in Medina County

Docket Style and Number Application of the City of Castroville to Amend its Water Certificate of Convenience and Necessity and to De-certify a Portion of New Alsace Water Supply Corporations Service Area in Medina County Docket Number 47985

The Application The City of Castroville filed an application to amend its water certificate of convenience and necessity (CCN) No 10218 and to decertify a portion of New Alsace Water Supply Corporations service area under CCN No 12558 in Medina County The total area being requested includes approximately 7 acres and no current cus-tomers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47985 TRD-201800384 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

Notice of Application to Amend Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Util-ity Commission of Texas on January 17 2018 to amend a certificate of convenience and necessity (CCN) in Hays County

Docket Style and Number Application of the City of Dripping Springs to Amend a Water Certificate of Convenience and Necessity in Hays County Docket Number 47957

The Application The City of Dripping Springs filed an application to amend its water CCN No 13030 to add service area in Hays County The total area being requested includes approximately 522 acres and zero current customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47957 TRD-201800386 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend Water Certificates of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Com-mission of Texas (commission) on January 23 2018 of an applica-tion to amend water certificates of convenience and necessity (CCN) in Rockwall and Kaufman Counties

Docket Style and Number Application of the City of Heath to Amend a Water Certificate of Convenience and Necessity Under Water Code sect13255 and to Decertify a Portion of Forney Lake Water Supply Cor-porations Service Area in Rockwall and Kaufman Counties Docket Number 47979

The Application The City of Heath filed an application to amend water CCN No 12060 to provide water service to the Forney Lake Water Supply Corporations (FLWS) CCN area and to decertify a portion of the FLWS CCN No 10086 in Rockwall and Kaufman Counties The total area being removed from CCN No 10086 includes approximately 2600 acres and 839 customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47979 TRD-201800330 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 807

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Texas Racing Commission Notice of Deadline Pursuant to sect313 of the Texas Racing Act Texas Revised Civil Statutes Ann Art 179e and Title 16 Texas Administrative Code sect309299 the Executive Director for the Texas Racing Commission provides notice that Monday March 1 2018 is the deadline to request Commission recognition as the horsemens representative organization

Section 313 of the Texas Racing Act authorizes the Commission to recognize an organization to represent members of a segment of the racing industry including owners breeders trainers kennel operators and other persons involved in the racing industry In 16 TAC sect309299 the Commission has adopted criteria for being recognized as the organ-ization to represent horse owners and trainers This organization will be responsible for negotiating with each licensed racetrack regarding the racetracks live racing programs including but not limited to the allocation of purse money to various live races the exporting of simul-cast signals and the importing of simulcast signals during live race meetings

To be eligible for recognition as the horsemens representative organi-zation each officer and director of the organization during the two-year

term of the recognition must be licensed by the Commission as an owner or trainer The Commission will also review the experience and qualifications of the organizations directors executive officers and management personnel the organizations benevolence programs and the degree to which the organizations membership represents a fair and equitable cross-section of the horse owners and trainers participating at each of the racetracks in this state The organization is subject to audit by the Texas Racing Commission

To request recognition an organization must file a written request on a form prescribed by the Executive Director To obtain a copy of the form or for more information interested persons should contact Devon Bi-jansky General Counsel Texas Racing Commission PO Box 12080 Austin Texas 78711-2080 (512) 833-6699 FAX (512) 833-6907 TRD-201800304 Devon Bijansky General Counsel Texas Racing Commission Filed January 24 2018

43 TexReg 808 February 9 2018 Texas Register

(19) COMPANY SEHER ENTERPRISE INCORPORATED dba Best Food Mart DOCKET NUMBER 2017-0890-PST-E IDENTIFIER RN102901535 LOCATION Tomball Harris County TYPE OF FACILITY convenience store with retail sales of gasoline RULES VIOLATED 30 TAC sect33449(a)(1) and TWC sect263475(d) by failing to provide corrosion protection for the underground storage tank (UST) system 30 TAC sect33450(b)(2) and TWC sect263475(a) by failing to provide release detection for the pressurized piping associated with the UST system and 30 TAC sect115225 Texas Health and Safety Code sect382085(b) and 40 Code of Federal Regulations sect6311120(a) by failing to comply with annual Stage I vapor recovery testing require-ments PENALTY $8478 ENFORCEMENT COORDINATOR Danielle Porras (713) 767-3682 REGIONAL OFFICE 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(20) COMPANY SHADY GROVE NUMBER 2 WATER SUPPLY CORPORATION DOCKET NUMBER 2017-1506-PWS-E IDEN-TIFIER RN101457760 LOCATION Sulphur Springs Hopkins County TYPE OF FACILITY public water supply RULES VI-OLATED 30 TAC sect290117(c)(2)(A) (h) and (i)(1) by failing to collect lead and copper tap samples at the required 20 sample sites have the samples analyzed and report the results to the executive di-rector (ED) for the January 1 2017 - June 30 2017 monitoring period 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required ten sample sites have the samples analyzed and report the results to the ED for the January 1 2016 - December 31 2016 monitoring period and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1 2016 - December 31 2016 monitoring period and 30 TAC sect290117(c)(2)(C) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required ten sample sites have the samples analyzed and report the results to the ED for the January 1 2013 - December 31 2015 monitoring period and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1 2013 - December 31 2015 monitoring period PENALTY $639 ENFORCEMENT COORDINATOR Steven Hall (512) 239-2569 REGIONAL OFFICE 2916 Teague Drive Tyler Texas 75701-3734 (903) 535-5100

(21) COMPANY SOIL BUILDING SYSTEMS INCORPO-RATED DOCKET NUMBER 2017-1516-MSW-E IDENTIFIER RN109611822 LOCATION Dallas Dallas County TYPE OF FA-CILITY composting and recycling facility RULES VIOLATED 30 TAC sect3285(b) by failing to submit a Notice of Intent to the executive director prior to the commencement of recycling activities 30 TAC sect3285(c)(1) by failing to provide a written cost estimate showing the cost of hiring a third party to close the facility by disposition of all processed and unprocessed materials 30 TAC sect3285(f)(1) and (2) by failing to maintain recycling records to show compliance with the requirements for limitations on storage of recyclable materials and reasonable efforts to maintain source-separation of materials received by the facility and 30 TAC sect3285(d) and sect37921 by failing to establish and maintain financial assurance for the closure of the facility that stores combustible materials outdoors PENALTY $4876 ENFORCEMENT COORDINATOR Margarita Dennis (817) 588-5892 REGIONAL OFFICE 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(22) COMPANY Solutia Incorporated DOCKET NUMBER 2017-1313-AIR-E IDENTIFIER RN103057568 LOCATION Alvin Brazoria County TYPE OF FACILITY chemical manufactur-ing plant RULES VIOLATED 30 TAC sectsect115354(2)(c) 116115(c) and 122143(4) New Source Review (NSR) Permit Number 3046

Special Conditions (SC) Number 9F Federal Operating Permit (FOP) Number O2317 Special Terms and Conditions (STC) Numbers 1A and 17 and Texas Health and Safety Code (THSC) sect382085(b) by failing to conduct Leak Detection and Repair monitoring on 173 out of 184 valves in gasvapor service during the third quarter of 2015 30 TAC sect116115(c) and sect122143(4) NSR Permit Number 3046 SC Number 5B FOP Number O2317 STC Number 17 and THSC sect382085(b) by failing to comply with the maximum liquid surface temperature of 140 degree Fahrenheit and 30 TAC sect122143(4) and sect122145(2)(A) FOP Number O2317 General Terms and Condi-tions and THSC sect382085(b) by failing to report all instances of deviations PENALTY $9682 ENFORCEMENT COORDINATOR David Carney (512) 239-2583 REGIONAL OFFICE 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(23) COMPANY Southwest Convenience Stores LLC dba 7 Eleven 57812 and 7 Eleven 57816 DOCKET NUMBER 2016-1411-PST-E IDENTIFIERS RN102410701 (Facility 1) and RN102436987 (Facil-ity 2) LOCATION Midland Midland County TYPE OF FACILITY convenience store with retail sales of gasoline and diesel fuel RULES VIOLATED 30TAC sect33474 by failing to investigate a suspected release of regulated substance within 30 days of discovery (Facility 1 and 2) and 30TAC sect33472 by failing to report a suspected release to the TCEQ within 24 hours of discovery (Facility 1 and 2) PENALTY $37700 ENFORCEMENT COORDINATOR Tyler Richardson (512) 239-4872 REGIONAL OFFICE 3300 North A Street Building 4 Suite 107 Midland Texas 79705-5404 (432) 570-1359

(24) COMPANY Sunoco Partners Marketing and Terminals LP DOCKET NUMBER 2017-1251-AIR-E IDENTIFIER RN100214626 LOCATION Nederland Jefferson County TYPE OF FACILITY petroleum storage terminal RULES VIOLATED 30 TAC sectsect10120(3) 116115(b)(2)(F) and (c) and 122143(4) New Source Review Permit Numbers 56508 and PSDTX1444 Special Conditions Number 1 Federal Operating Permit (FOP) Number O1573 Special Terms and Conditions Number 10 and Texas Health and Safety Code (THSC) sect382085(b) by failing to comply with the permitted annual maximum allowable emissions rate and 30 TAC sect122145(2)(A) and sect122143(4) FOP Number O1573 General Terms and Conditions and THSC sect382085(b) by failing to report all instances of deviations PENALTY $47195 Supplemental Environmental Project offset amount of $18878 ENFORCEMENT COORDINATOR David Carney (512) 239-2583 REGIONAL OFFICE 3870 Eastex Freeway Beaumont Texas 77703-1830 (409) 898-3838

(25) COMPANY UTOPIA WATER SUPPLY CORPORA-TION DOCKET NUMBER 2017-1543-PWS-E IDENTIFIER RN101256980 LOCATION Utopia Uvalde County TYPE OF FACILITY public water supply RULES VIOLATED 30 TAC sect29044(h)(1)(A) by failing to install a backflow prevention assembly or an air gap at all residences or establishments where an actual or potential contamination hazard exists as identified in 30 TAC sect29047(f) 30 TAC sect29046(m)(4) by failing to maintain all distribu-tion system lines storage and pressure maintenance facilities water treatment units and all related appurtenances in a watertight condition and 30 TAC sect29042(b)(2)(C) by failing to provide all processes involving exposure of the water to atmospheric contamination with subsequent disinfection of the water ahead of ground storage tanks and be accomplished in a manner such that insects birds and other foreign materials will be excluded from the water PENALTY $250 ENFORCEMENT COORDINATOR Paige Bond (512) 239-2678 REGIONAL OFFICE 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096 TRD-201800379

IN ADDITION February 9 2018 43 TexReg 795

Charmaine Backens Director Litigation Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Enforcement Orders An agreed order was adopted regarding Venus Operating Corp dba Venus Food Mart Docket No 2016-1188-PST-E on January 30 2018 assessing $4125 in administrative penalties with $825 deferred Infor-mation concerning any aspect of this order may be obtained by contact-ing John Fennell Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding United States Department of Agriculture Docket No 2016-1329-PST-E on January 30 2018 as-sessing $3375 in administrative penalties with $675 deferred Infor-mation concerning any aspect of this order may be obtained by contact-ing Ronica Rodriguez Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Naresh P Patel dba Westside Grocery Docket No 2016-1490-PST-E on January 30 2018 assess-ing $3375 in administrative penalties with $675 deferred Informa-tion concerning any aspect of this order may be obtained by contacting Ronica Rodriguez Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding MERITOCRACY UNION INC dba Tex Mex Food Mart 1 Docket No 2016-1564-PST-E on January 30 2018 assessing $5754 in administrative penalties Information concerning any aspect of this order may be obtained by contacting Jess Robinson Staff Attorney at (512) 239-3400 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Saakshi Inc Docket No 2016-1758-PST-E on January 30 2018 assessing $4500 in administrative penalties with $900 deferred Information concerning any aspect of this order may be obtained by contacting Alejandro Laje Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SHIV OMKARA INC dba Bulldog Express Mart Docket No 2016-1871-PST-E on January 30 2018 assessing $3375 in administrative penalties with $675 deferred Information concerning any aspect of this order may be obtained by contacting Jonathan Nguyen Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Akbar Ali Momin dba Leander Grocery Docket No 2017-0171-PST-E on January 30 2018 assess-ing $3563 in administrative penalties with $712 deferred Informa-tion concerning any aspect of this order may be obtained by contact-ing Ross Luedtke Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Cliff J Chambers Docket No 2017-0339-OSS-E on January 30 2018 assessing $527 in administra-tive penalties Information concerning any aspect of this order may be obtained by contacting Jake Marx Staff Attorney at (512) 239-3400

Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding FRANKLIN EXPRESSWAY INC and G amp G LIONS INC dba Lions Den Exxon Docket No 2017-0545-PST-E on January 30 2018 assessing $3750 in administra-tive penalties with $750 deferred Information concerning any aspect of this order may be obtained by contacting Margarita Dennis Enforce-ment Coordinator at (512) 239-2545 Texas Commission on Environ-mental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Shane Taylor and Conway Clary Docket No 2017-0635-PST-E on January 30 2018 assess-ing $2250 in administrative penalties with $450 deferred Informa-tion concerning any aspect of this order may be obtained by contact-ing Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Monarch Mountain Minerals amp Aggregates LLC Docket No 2017-0639-AIR-E on January 30 2018 assessing $2550 in administrative penalties with $510 deferred Infor-mation concerning any aspect of this order may be obtained by contact-ing Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SHIVAM BUSINESS INC dba Lonestar Exxon Docket No 2017-0750-PST-E on January 30 2018 assessing $6879 in administrative penalties with $1375 deferred Information concerning any aspect of this order may be obtained by contacting Ken Moller Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding BUFFALO CHEVRON FOOD MART INC dba Chevron of Buffalo Docket No 2017-0780-PST-E on January 30 2018 assessing $2567 in administrative penalties with $513 deferred Information concerning any aspect of this order may be obtained by contacting Jonathan Nguyen Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding RAHIL INVESTMENTS INC dba West End Grocery Docket No 2017-0869-PST-E on January 30 2018 assessing $3375 in administrative penalties with $675 deferred Information concerning any aspect of this order may be obtained by contacting Caleb Olson Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Vishva Inc dba Pac N Go 905 Docket No 2017-0903-PST-E on January 30 2018 assessing $3000 in administrative penalties with $600 deferred Information concern-ing any aspect of this order may be obtained by contacting Farhaud Abbaszadeh Enforcement Coordinator at (512) 239-2545 Texas Com-mission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SilverBow Resources Operat-ing LLC Docket No 2017-0912-AIR-E on January 30 2018 assess-ing $7276 in administrative penalties with $1455 deferred Informa-tion concerning any aspect of this order may be obtained by contact-ing Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Gulmohar Enterprises Inc dba Honey Grove Gas and Grocery Docket No 2017-0952-PST-E on

43 TexReg 796 February 9 2018 Texas Register

January 30 2018 assessing $3129 in administrative penalties with $625 deferred Information concerning any aspect of this order may be obtained by contacting Ken Moller Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Legacy Reserves Operating LP Docket No 2017-0970-AIR-E on January 30 2018 assessing $4500 in administrative penalties with $900 deferred Information concerning any aspect of this order may be obtained by contacting Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Reliant Processing Group LLC Docket No 2017-1014-IWD-E on January 30 2018 assessing $5625 in administrative penalties with $1125 deferred Information concern-ing any aspect of this order may be obtained by contacting Sandra Dou-glas Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding CIRCLE K STORES INC dba CIRCLE K 2704034 Docket No 2017-1191-PST-E on January 30 2018 assessing $7500 in administrative penalties with $1500 deferred Information concerning any aspect of this order may be obtained by contacting Austin Henck Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SBE ENTERPRISES INC dba Ekko Fuels and Oil Docket No 2017-1213-PST-E on January 30 2018 assessing $1736 in administrative penalties with $347 deferred Information concerning any aspect of this order may be obtained by contacting Carlos Molina Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SUNSHINE FOOD MART INC dba Sunshine Food Mart Docket No 2017-1237-PST-E on January 30 2018 assessing $3750 in administrative penalties with $750 deferred Information concerning any aspect of this order may be obtained by contacting Caleb Olson Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087 TRD-201800401 Bridget C Bohac Chief Clerk Texas Commission on Environmental Quality Filed January 31 2018

diams diams diams Notice of a Proposed Renewal with Amendment of General Permit TXG830000 Authorizing the Discharge of Wastewater The Texas Commission on Environmental Quality (TCEQ or commis-sion) is proposing to renew and amend Texas Pollutant Discharge Elim-ination System General Permit TXG830000 This general permit au-thorizes the discharge of water contaminated by petroleum substances into or adjacent to water in the state The proposed general permit ap-plies to the entire state of Texas General permits are authorized by Texas Water Code sect26040

PROPOSED GENERAL PERMIT The executive director has pre-pared a draft general permit renewal with amendments of an existing general permit that authorizes the discharge of water contaminated by petroleum substances into or adjacent to water in the state No significant degradation of high quality waters is expected and existing uses will be maintained and protected The executive director proposes

to require certain dischargers to submit a Notice of Intent to obtain authorization to discharge

The executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) according to Coastal Coordination Advisory Committee regulations and has determined that the action is consistent with applicable CMP goals and policies

A copy of the proposed general permit and fact sheet are available for viewing and copying at the TCEQ Office of the Chief Clerk located at the TCEQ Austin office at 12100 Park 35 Circle Building F These documents are also available at the TCEQs 16 regional offices and on the TCEQ website at httpwwwtceqtexasgovpermittingwaste-watergeneralindexhtml

PUBLIC COMMENTPUBLIC MEETING You may submit public comments or request a public meeting about this proposed general per-mit The purpose of a public meeting is to provide the opportunity to submit written or oral comment or to ask questions about the proposed general permit Generally the TCEQ will hold a public meeting if the executive director determines that there is a significant degree of public interest in the proposed general permit or if requested by a state legis-lator A public meeting is not a contested case hearing

Written public comments must be received by the Office of the Chief Clerk MC 105 TCEQ PO Box 13087 Austin Texas 78711-3087 or electronically at wwwtceqtexasgovaboutcommentshtml within 30 days from the date this notice is published

APPROVAL PROCESS After the comment period the executive di-rector will consider all the public comments and prepare a written re-sponse The response will be filed with the TCEQ Office of the Chief Clerk at least 10 days before the scheduled commission meeting when the commission will consider approval of the general permit The com-mission will consider all public comment in making its decision and will either adopt the executive directors response or prepare its own response The commission will issue its written response on the gen-eral permit at the same time the commission issues or denies the gen-eral permit A copy of any issued general permit and response to com-ments will be made available to the public for inspection at the agencys Austin office and regional offices A notice of the commissioners ac-tion on the proposed general permit and a copy of its response to com-ments will be mailed to each person who submitted a comment Also a notice of the commissions action on the proposed general permit and the text of its response to comments will be published in the Texas Reg-ister

MAILING LISTS In addition to submitting public comments you may ask to be placed on a mailing list to receive future public notices mailed by the TCEQ Office of the Chief Clerk You may request to be added to 1) the mailing list for this specific general permit 2) the permanent mailing list for a specific county or 3) both Clearly specify the mailing lists to which you wish to be added and send your request to the TCEQ Office of the Chief Clerk at the address previously mentioned Unless you otherwise specify you will be included only on the mailing list for this specific general permit

INFORMATION If you need more information about this general per-mit or the permitting process please call the TCEQ Public Education Program toll free at (800) 687-4040 General information about the TCEQ can be found at our website at httpwwwtceqtexasgov

Further information may also be obtained by calling Laurie Fleet TCEQ Water Quality Division at (512) 239-5445

Si desea informacioacuten en espantildeol puede llamar (800) 687-4040 TRD-201800344

IN ADDITION February 9 2018 43 TexReg 797

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Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 26 2018

diams diams diams Notice of Opportunity to Comment on a Default Order of Administrative Enforcement Actions The Texas Commission on Environmental Quality (TCEQ or commis-sion) staff is providing an opportunity for written public comment on the listed Default Order (DO) The commission staff proposes a DO when the staff has sent the Executive Directors Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations the pro-posed penalty the proposed technical requirements necessary to bring the entity back into compliance and the entity fails to request a hear-ing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing Similar to the proce-dure followed with respect to Agreed Orders entered into by the execu-tive director of the commission in accordance with Texas Water Code (TWC) sect7075 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 March 13 2018 The commission will consider any writ-ten comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate improper inadequate or inconsistent with the requirements of the statutes and rules within the commissions jurisdiction or the commissions orders and permits issued in accordance with the commissions regulatory au-thority Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written com-ments

A copy of the proposed DO is available for public inspection at both the commissions central office located at 12100 Park 35 Circle Building A 3rd Floor Austin Texas 78753 (512) 239-3400 and at the appli-cable regional office listed as follows Written comments about the DO should be sent to the attorney designated for the DO at the com-missions central office at PO Box 13087 MC 175 Austin Texas 78711-3087 and must be received by 500 pm on March 13 2018 Comments may also be sent by facsimile machine to the attorney at (512) 239-3434 The commissions attorney is available to discuss the DO andor the comment procedure at the listed phone number how-ever TWC sect7075 provides that comments on the DO shall be submit-ted to the commission in writing

(1) COMPANY Justin Vincent DOCKET NUMBER 2017-0818-LII-E TCEQ ID NUMBER RN109698712 LOCATION On-alaska Polk County (Facility) and 7421 Teaswood Drive Conroe Montgomery County TYPE OF FACILITY business RULES VIO-LATED TWC sect37003 Texas Occupations Code sect1903251 and 30 TAC sect305(a) by failing to hold an irrigator license prior to selling designing consulting installing altering repairing or servicing an irrigation system PENALTY $948 STAFF ATTORNEY Audrey Liter Litigation Division MC 175 (512) 239-0684 REGIONAL OF-FICE Beaumont Regional Office 3870 Eastex Freeway Beaumont Texas 77703-1830 (409) 898-3838 TRD-201800377 Charmaine Backens Director Litigation Division Texas Commission on Environmental Quality Filed January 30 2018

Notice of Opportunity to Comment on Agreed Orders of Administrative Enforcement Actions The Texas Commission on Environmental Quality (TCEQ agency or commission) staff is providing an opportunity for written public com-ment on the listed Agreed Orders (AOs) in accordance with Texas Wa-ter Code (TWC) sect7075 TWC sect7075 requires that before the com-mission may approve the AOs the commission shall allow the pub-lic an opportunity to submit written comments on the proposed AOs TWC sect7075 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 March 13 2018 TWC sect7075 also requires that the commission promptly consider any written comments received and that the com-mission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropri-ate improper inadequate or inconsistent with the requirements of the statutes and rules within the commissions jurisdiction or the commis-sions orders and permits issued in accordance with the commissions regulatory authority Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments

A copy of each proposed AO is available for public inspection at both the commissions central office located at 12100 Park 35 Circle Build-ing A 3rd Floor Austin Texas 78753 (512) 239 3400 and at the ap-plicable regional office listed as follows Written comments about an AO should be sent to the attorney designated for the AO at the commis-sions central office at PO Box 13087 MC 175 Austin Texas 78711 3087 and must be received by 500 pm on March 13 2018 Com-ments may also be sent by facsimile machine to the attorney at (512) 239-3434 The designated attorneys are available to discuss the AOs andor the comment procedure at the listed phone numbers however TWC sect7075 provides that comments on an AO shall be submitted to the commission in writing

(1) COMPANY ASHEVILLE ENTERPRISES INC dba Mr Ts Convenience Store DOCKET NUMBER 2017-1163-PST-E TCEQ ID NUMBER RN101998573 LOCATION 6808 Bowman Springs Road Arlington Tarrant County TYPE OF FACILITY underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) PENALTY $3750 STAFF ATTORNEY Joey Washburn Litigation Division MC 175 (512) 239-1297 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(2) COMPANY City of White Settlement DOCKET NUMBER 2017-0676-PWS-E TCEQ ID NUMBER RN101390292 LOCA-TION 214 Meadow Park Drive White Settlement Tarrant County TYPE OF FACILITY public water system RULES VIOLATED 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required sample sites have the samples analyzed and report the results to the executive director (ED) and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples 30 TAC sect290271(b) and sect290274(a) and (c) by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year and failing to submit to the TCEQ by July 1st of each year a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with the compliance monitoring data and 30 TAC sect290122(c)(2)(A) and (f) by failing

43 TexReg 798 February 9 2018 Texas Register

to provide public notification and submit a copy of the notification to the ED regarding the failure to submit a Disinfectant Level Quarterly Operating Report PENALTY $1950 STAFF ATTORNEY Adam Taylor Litigation Division MC 175 (512) 239-3345 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(3) COMPANY GUL ENTERPRISES LLC dba Texaco Corner DOCKET NUMBER 2016-0591-PST-E TCEQ ID NUMBER RN102352911 LOCATION 2700 East 5th Street Tyler Smith County TYPE OF FACILITY underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) PENALTY $4500 STAFF ATTORNEY Amanda Patel Litigation Division MC 175 (512) 239-3990 REGIONAL OFFICE Tyler Regional Office 2916 Teague Drive Tyler Texas 75701-3734 (903) 535-5100

(4) COMPANY Howard C Bigham Jr dba Key Mobile Home Park DOCKET NUMBER 2017-0571-PWS-E TCEQ ID NUMBER RN101246262 LOCATION 2116 Tuscola Avenue near Snyder Scurry County TYPE OF FACILITY public water system RULES VIOLATED 30 TAC sect290110(e)(4)(A) and (f)(3) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2dii by failing to submit a Disinfectant Level Quarterly Oper-ating Report (DLQOR) to the executive director (ED) 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2di by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED 30 TAC sect290117(c)(2)(A) (h) and (i)(1) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2di by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED 30 TAC sect290117(i)(6) and (j) by failing to mail consumer notification of lead tap water monitoring results to persons served at the locations that were sampled and failing to submit to the TCEQ a copy of the consumer notification and certification that the consumer notification had been distributed to the persons served at the locations in a manner consistent with TCEQ requirements 30 TAC sect290271(b) and sect290274(a) and (c) by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st for each year and failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ 30 TAC sect290122(c)(2)(A) and (f) by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a DLQOR to the ED and the failure to collect lead and copper tap samples 30 TAC sect29046(f)(2) (3)(A)(i)(III) (ii)(III) and (B)(iii) and TCEQ Order Docket Number 2015-0103-PWS-E Ordering Pro-vision Number 2a by failing to maintain water works operation and maintenance records and make them readily available to commission personnel upon request 30 TAC sect29044(i) and TCEQ Order Docket Number 2015-0103-PWS-E Ordering Provision Number 2c by failing to obtain an approval from the ED prior to supplying drinking water distributed by a tanker truck or trailer to persons served by the facility 30 TAC sect29046(i) by failing to adopt an adequate plumbing ordinance regulations or service agreement with provisions for proper enforcement to ensure that neither cross-connection nor other unacceptable plumbing practices are permitted 30 TAC sect29046(z) by failing to create a nitrification action plan for a system distributing chloraminated water 30 TAC sect29042(e)(3)(G) by failing to obtain

an exception in accordance with 30 TAC sect29039(l) prior to blending water containing chloramines and water containing free chlorine 30 TAC sect29046(f)(2) (3)(B)(iv) and (D)(ii) by failing to maintain water works operation and maintenance records and make them readily available to commission personnel upon request and Texas Health and Safety Code sect3410315(c) and 30 TAC sect29046(d)(2)(B) and sect290110(b)(4) by failing to maintain a disinfectant residual of at least 05 milligrams per liter of chloramine (measured as total chlorine) throughout the distribution system at all times PENALTY $3614 STAFF ATTORNEY Ian Groetsch Litigation Division MC 175 (512) 239-2225 REGIONAL OFFICE Abilene Regional Office 1977 Industrial Boulevard Abilene Texas 79602-7833 (325) 698-9674

(5) COMPANY ICR Energy LLC dba Bitters Road Express Grocery amp Dry Cleaners DOCKET NUMBER 2016-2093-MLM-E TCEQ ID NUMBER RN102980265 LOCATION 1005 West Bitters Road San Antonio Bexar County TYPE OF FACILITY dry cleaning drop station underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED Texas Health and Safety Code sect374102(a) and 30 TAC sect33710(a)(1) and (2) by failing to complete and submit the required registration form to the TCEQ for a dry cleaning facility andor drop station facility TWC sect263475(a) and 30 TAC sect33450(b)(1)(A) by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(c)(1) and 30 TAC sect33450(b)(2)(A)(i)(III) by failing to provide release detection for the pressurized piping associated with the UST system 30 TAC sect3348(c)(4)(A)(vii) and (5)(B)(ii) by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date TWC sect263467(a) and 30 TAC sect3348(c)(5)(A)(i) by failing to make available to a common carrier a valid current TCEQ delivery certificate before accepting delivery of a regulated substance into the UST 30 TAC sect3348(c)(5)(C) by failing to ensure that a legible tag label or marking with the UST identifica-tion 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 according to the UST registration and self-certification form TWC sect263475(c)(2) and 30 TAC sect33442(i) by failing to inspect all sumps including dispenser sumps manways overspill containers or catchment basins associated with a UST system at least once every 60 days to ensure that their sides bottoms and any penetration points are maintained liquid tight and free of any liquid or debris and 30 TAC sect37815(a) and (b) by failing to demonstrate acceptable financial as-surance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs PENALTY $18440 STAFF ATTORNEY Amanda Patel Litigation Division MC 175 (512) 239-3990 REGIONAL OFFICE San Antonio Regional Office 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096

(6) COMPANY RIJAL TRADERS INC dba Mercado Food amp Fuels DOCKET NUMBER 2016-0136-PST-E TCEQ ID NUM-BER RN102978657 LOCATION 301 East Avenue G Conroe Montgomery County TYPE OF FACILITY underground stor-age tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(a) and 30 TAC sect33450(b)(2)(A)(i)(III) by failing to test the line leak detectors at least once per year for performance and operational reliability TWC sect263475(a) and 30 TAC sect33450(b)(2)(A)(ii) by failing to provide release detection for the pressurized piping associated with the UST system and 30 TAC sect33450(d)(1)(B) by failing to conduct inventory

IN ADDITION February 9 2018 43 TexReg 799

control procedures including volume measurement reconciliation of detailed inventory control records at least once a month in a manner sufficiently accurate to detect a release which equals or exceeds the sum of 10 of the total substance flow through for the month plus 130 gallons PENALTY $5607 STAFF ATTORNEY Ian Groetsch Litigation Division MC 175 (512) 239-2225 REGIONAL OFFICE Houston Regional Office 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(7) COMPANY SEMINOLE VENTURES LLC dba Alsbury Food Mart DOCKET NUMBER 2017-0644-PST-E TCEQ ID NUMBER RN102021508 LOCATION 776 Northeast Alsbury Boulevard Burleson Tarrant County TYPE OF FACILITY underground stor-age tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(d) and 30 TAC sect33449(a)(4) by failing to provide corrosion protection for the UST system and 30 TAC sect33410(b) and 30 TAC sect33451(c)(1) by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel PENALTY $7313 STAFF AT-TORNEY Isaac Ta Litigation Division MC 175 (512) 239-0683 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800 TRD-201800376 Charmaine Backens Director Litigation Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Notice of Public Hearing on Proposed Revisions The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revi-sions to 30 TAC Chapter 305 Consolidated Permits sect305541 under the requirements of Texas Government Code Chapter 2001 Subchap-ter B

The proposed rulemaking would amend sect305541 to adopt by refer-ence 40 Code of Federal Regulations Part 441 as published on June 14 2017 in the Federal Register (82 FedReg 27154 - 27178) and mi-nor corrections to the rule that were published in the Federal Register on June 26 2017 and July 5 2017 (82 FedReg 28777 82 FedReg 30997) The proposed rulemaking would also adopt by reference the United States Environmental Protection Agencys Effluent Limitations Guidelines and Standards for the Dental Category

The commission will hold a public hearing on this proposal in Austin on March 8 2018 at 200 pm in Building E Room 201S at the com-missions central office located at 12100 Park 35 Circle The hearing is structured for the receipt of oral or written comments by interested persons Individuals may present oral statements when called upon in order of registration Open discussion will not be permitted during the hearing however commission staff members will be available to dis-cuss the proposal 30 minutes prior to the hearing

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

Written comments may be submitted to Ms Kris Hogan MC 205 Office of Legal Services Texas Commission on Environ-mental Quality PO Box 13087 Austin Texas 78711-3087 or

faxed to (512) 239-4808 Electronic comments may be submitted at httpwww1tceqtexasgovrulesecomments File size restric-tions may apply to comments being submitted via the eComments system All comments should reference Rule Project Number 2017-009-305-OW The comment period closes on March 12 2018 Copies of the proposed rulemaking can be obtained from the commis-sions website at httpwwwtceqtexasgovrulespropose_adopthtml For further information please contact Laurie Fleet Wastewater Permitting Section at (512) 239-5445 TRD-201800346 Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 26 2018

diams diams diams Notice of Water Rights Application

Notices issued January 25 2018

APPLICATION NO 13340 The City of Wichita Falls 600 11th Street Room 209 Wichita Falls Texas 76301 Applicant seeks a temporary water use permit to divert and use not to exceed 20 acre-feet of wa-ter over a two-year period from Plum Creek at a maximum diversion rate of 022 cfs (100 gpm) for agricultural purposes in Wichita County The application and fees were received on September 23 2016 Ad-ditional information and fees were received on April 28 2017 The application was declared administratively complete and filed with the Office of the Chief Clerk on June 22 2017 The Executive Director completed the technical review of the application and prepared a draft permit The draft permit if granted would include special conditions including but not limited to installing a measuring device for diver-sions The application technical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 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 by February 9 2018

APPLICATION NO 13419 Magellan Terminals Holdings LP One Williams Center OTC-8 Tulsa Oklahoma 74172 Applicant seeks a temporary water use permit to divert and use not to exceed 200 acre-feet of water within a period of three years from a point on Buffalo Bayou (Houston Ship Channel) San Jacinto River Basin for industrial pur-poses in Harris County The application and fees were received on August 14 2017 Additional information and fees were received on September 21 and September 26 2017 The application was declared administratively complete and filed with the Office of the Chief Clerk on October 24 2017 The Executive Director completed the technical review of the application and prepared a draft permit The draft permit if granted would include special conditions including but not limited to installing a measuring device for diversions The application tech-nical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 78753 Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below by February 9 2018

APPLICATION NO 18-2445A Camp Mystic Inc Route 2 Box 257 Hunt Texas 78024 Applicant seeks to amend Certificate of Adjudi-cation No 18-2445 to authorize an existing dam and reservoir with a capacity of 15 acre-feet on Cypress Creek Guadalupe River Basin for recreational purposes in Kerr County The application does not re-quest a new appropriation of water or to increase the amount of water

43 TexReg 800 February 9 2018 Texas Register

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authorized to be stored taken or diverted The application and partial fees were received on April 28 2015 Additional information and fees were received on October 5 and October 27 2016 and June 23 2017 The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on July 12 2017 The Ex-ecutive Director has completed the technical review of the application and prepared a draft amendment The amendment if granted would include special conditions including but not limited to maintaining the reservoir full at all time with an alternate source of water The ap-plication technical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 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 sec-tion below within 30 days of the date of newspaper publication of the notice

To view the complete issued notice view the notice on our website at wwwtceqtexasgovagencyccpub_noticehtml or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete no-tice 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 con-tested 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) applicants name and permit number (3) the statement [Iwe] 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 applica-tion 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 re-quested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Com-mission 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 PO Box 13087 Austin Texas 78711-3087 For infor-mation concerning the hearing process please contact the Public Inter-est Counsel MC 103 at the same address For additional information individual members of the general public may contact the Public Edu-cation Program at (800) 687-4040 General information regarding the TCEQ can be found at our website at wwwtceqtexasgov Si desea informacioacuten en espantildeol puede llamar al (800) 687-4040 TRD-201800402 Bridget C Bohac Chief Clerk Texas Commission on Environmental Quality Filed January 31 2018

diams diams diams Update to the Water Quality Management Plan

The Texas Commission on Environmental Quality (TCEQ or commis-sion) requests comments from the public on the draft January 2018 Up-date to the WQMP for the State of Texas

Download the draft January 2018 WQMP Update at httpswwwtceqtexasgovpermittingwqmpWQmanagement_up-dateshtml or view a printed copy at the TCEQ Library Building A 12100 Park 35 Circle Austin Texas

The WQMP is developed and promulgated in accordance with the re-quirements of Federal Clean Water Act sect208 The draft update in-cludes projected effluent limits of specific domestic dischargers which may be useful for planning in future permit actions The draft update may also contain service area populations for listed wastewater treat-ment facilities designated management agency information and total maximum daily load (TMDL) revisions

Once the commission certifies a WQMP update it is submitted to the United States Environmental Protection Agency (EPA) for approval For some Texas Pollutant Discharge Elimination System (TPDES) per-mits the EPAs approval of a corresponding WQMP update is a neces-sary precondition to TPDES permit issuance by the commission

Deadline

All comments must be received at the TCEQ no later than 500 pm on March 12 2018

How to Submit Comments

Comments must be submitted in writing to

Nancy Vignali

Texas Commission on Environmental Quality

Water Quality Division MC 150

PO Box 13087

Austin Texas 78711-3087

Comments may also be faxed to (512) 239-4420 but must be followed up with written comments by mail within three working days of the fax date or by the comment deadline whichever is sooner

For further information or questions please contact Ms Vignali at (512) 239-1303 or by email at NancyVignalitceqtexasgov TRD-201800378 Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Texas Ethics Commission List of Late Filers Below is a list from the Texas Ethics Commission naming the filers who failed to pay the penalty fine for failure to file the report or filing a late report in reference to the specified filing deadline If you have any questions you may contact Jennifer Griggs at (512) 463-5800

Deadline Personal Financial Statement due October 23 2017

00081802 - Michael Dokupil 4212 San Felipe Suite 410 Houston Texas 77027

TRD-201800306 Seana Willing Executive Director Texas Ethics Commission Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 801

Texas Lottery Commission Scratch Ticket Game Number 2071 Lucky Dog 10 Name and Style of Scratch Ticket Game

A The name of Scratch Ticket Game No 2071 is LUCKY DOG The play style is key symbol match

11 Price of Scratch Ticket Game

A The price for Scratch Ticket Game No 2071 shall be $100 per Scratch Ticket

12 Definitions in Scratch Ticket Game No 2071

A Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear

B Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket

C Play Symbol- The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize Each

Play Symbol is printed in Symbol font in black ink in positive except for dual-image games The possible black Play Symbols are

MAX PLAY SYMBOL CHARLIE PLAY SYMBOL COCO PLAY SYMBOL SPOT PLAY SYMBOL RUSS PLAY SYMBOL JACK PLAY SYMBOL FIDO PLAY SYMBOL MOLLY PLAY SYMBOL BRUCE PLAY SYMBOL ROCKY PLAY SYMBOL LOLA PLAY SYMBOL ROVER PLAY SYMBOL BUDDY PLAY SYMBOL DUKE PLAY SYMBOL SPIKE PLAY SYMBOL SOPHIE PLAY SYMBOL BUSTER PLAY SYBMOL RUFUS PLAY SYMBOL DINO PLAY SYMBOL SADIE PLAY SYMBOL GINGER PLAY SYMBOL BAILEY PLAY SYMBOL $1 $2 $5 $10 $20 $50 $100 and $500

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

43 TexReg 802 February 9 2018 Texas Register

IN ADDITION February 9 2018 43 TexReg 803

E Serial Number- A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket The Serial Number is for validation purposes and cannot be used to play the game The format will be 0000000000000

F Bar Code - A 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 Scratch Ticket number and the ten (10) digit Validation Number The Bar Code appears on the back of the Scratch Ticket

G Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2071) a seven (7) digit Pack number and a three (3) digit Scratch Ticket number Scratch Ticket numbers start with 001 and end with 150 within each Pack The format will be 2071-0000001-001

H Pack - A Pack of the LUCKY DOG Scratch Ticket Game contains 150 Tickets packed in plastic shrink-wrapping and fanfolded in pages of five (5) Tickets 001 to 005 will be on the top page Tickets 006 to 010 on the next page etc and Tickets 146 to 150 will be on the last page with backs exposed Ticket 001 will be folded over so the front of Ticket 001 and 010 will be exposed

I Non-Winning Scratch Ticket - A Scratch Ticket which is not pro-grammed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures the State Lottery Act (Texas Government Code Chapter 466) and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401

J Scratch Ticket Game Scratch Ticket or Ticket - Texas Lottery LUCKY DOG Scratch Ticket Game No 2071

20 Determination of Prize Winners The determination of prize win-ners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401302 Scratch Ticket Game Rules these Game Procedures and the requirements set out on the back of each Scratch Ticket A prize winner in the LUCKY DOG Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 8 (eight) Play Symbols If a player matches any of the YOUR DOGS Play Symbols to the WINNING DOG Play Symbol the player wins the PRIZE for that dog No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket

21 Scratch Ticket Validation Requirements

A To be a valid Scratch Ticket all of the following requirements must be met

1 Exactly 8 (eight) Play Symbols must appear under the Latex Over-print on the front portion of the Scratch Ticket

2 Each of the Play Symbols must have a Play Symbol Caption under-neath unless specified and each Play Symbol must agree with its Play Symbol Caption

3 Each of the Play Symbols must be present in its entirety and be fully legible

4 Each of the Play Symbols must be printed in black ink except for dual image games

5 The Scratch Ticket shall be intact

6 The Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be present in their entirety and be fully legible

7 The Serial Number must correspond using the Texas Lotterys codes to the Play Symbols on the Scratch Ticket

8 The Scratch Ticket must not have a hole punched through it be mutilated altered unreadable reconstituted or tampered with in any manner

9 The Scratch Ticket must not be counterfeit in whole or in part

10 The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner

11 The Scratch Ticket must not have been stolen nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery

12 The Play Symbols Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be right side up and not reversed in any manner

13 The Scratch Ticket must be complete and not miscut and have exactly 8 (eight) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket exactly one Serial Number exactly one Retailer Validation Code and exactly one Pack-Scratch Ticket Number on the Scratch Ticket

14 The Serial Number of an apparent winning Scratch Ticket shall cor-respond with the Texas Lotterys Serial Numbers for winning Scratch Tickets and a Scratch Ticket with that Serial Number shall not have been paid previously

15 The Scratch Ticket must not be blank or partially blank misregis-tered defective or printed or produced in error

16 Each of the 8 (eight) Play Symbols must be exactly one of those described in Section 12C of these Game Procedures

17 Each of the 8 (eight) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery

18 The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery and

19 The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines

B The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures the Texas Lotterys Rules governing the award of prizes of the amount to be validated and any confidential validation and security tests of the Texas Lottery

C Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid However the Executive Director may solely at the Executive Directors discretion refund the retail sales price of the Scratch Ticket In the event a de-fective Scratch Ticket is purchased the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket solely at the Executive Directors discretion

22 Programmed Game Parameters

A Consecutive Non-Winning Tickets within a Pack will not have matching patterns in the same order of either Play Symbols or Prize Symbols

43 TexReg 804 February 9 2018 Texas Register

B The top Prize Symbol will appear on every Ticket unless restricted by other parameters play action or prize structure

C No matching non-winning YOUR DOGS Play Symbols on a Ticket

D A non-winning Prize Symbol will never match a winning Prize Sym-bol

E No matching non-winning Prize Symbols on a Ticket unless re-stricted by other parameters play action or prize structure

23 Procedure for Claiming Prizes

A To claim a LUCKY DOG Scratch Ticket Game prize of $100 $200 $500 $1000 $2000 $5000 $100 or $500 a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer The Texas Lottery Retailer shall verify the claim and if valid and upon presentation of proper identification if appropriate make payment of the amount due the claimant and physically void the Scratch Ticket provided that the Texas Lottery Retailer may but is not required to pay a $5000 $100 or $500 Scratch Ticket Game In the event the Texas Lottery Retailer cannot verify the claim the Texas Lottery Retailer shall provide the claimant with a claim form and in-struct 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 23B of these Game Procedures

B As an alternative method of claiming a LUCKY DOG Scratch Ticket Game prize the claimant must sign the winning Scratch Ticket thoroughly complete a claim form and mail both to Texas Lottery Commission PO Box 16600 Austin Texas 78761-6600 The Texas Lottery is not responsible for Scratch Tickets lost in the mail In the event that the claim is not validated by the Texas Lottery the claim shall be denied and the claimant shall be notified promptly

C Prior to payment by the Texas Lottery of any prize the Texas Lottery shall deduct

1 A sufficient amount from the winnings of a prize winner who has been finally determined to be

a delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code sect403055

b in default on a loan made under Chapter 52 Education Code or

c in default on a loan guaranteed under Chapter 57 Education Code and

2 delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231 Family Code

D If a person is indebted or owes delinquent taxes to the State other than those specified in the preceding paragraph the winnings of a per-son shall be withheld until the debt or taxes are paid

24 Allowance for Delay of Payment The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director under any of the following circumstances

A if a dispute occurs or it appears likely that a dispute may occur regarding the prize

B if there is any question regarding the identity of the claimant

C if there is any question regarding the validity of the Scratch Ticket presented for payment or

D if the claim is subject to any deduction from the payment otherwise due as described in Section 23C of these Game Procedures No liabil-ity for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim

25 Payment of Prizes to Persons Under 18 If a person under the age of 18 years is entitled to a cash prize under $600 from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deliver to an adult member of the minors family or the minors guardian a check or war-rant in the amount of the prize payable to the order of the minor

26 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deposit the amount of the prize in a custodial bank account with an adult member of the minors family or the minors guardian serving as custodian for the minor

27 Scratch Ticket Claim Period All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military person-nel as set forth in Texas Government Code sect466408 Any rights to a prize that is not claimed within that period and in the manner specified in these Game Procedures and on the back of each Scratch Ticket shall be forfeited

28 Disclaimer The number of prizes in a game is approximate based on the number of Scratch Tickets ordered The number of actual prizes available in a game may vary based on number of Scratch Tickets man-ufactured testing distribution sales and number of prizes claimed A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed

30 Scratch Ticket Ownership

A Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket When a signature is placed on the back of the Scratch Ticket in the space designated the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto Notwithstanding any name or names submitted on a claim form the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated If more than one name appears on the back of the Scratch Ticket the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment

B The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket

40 Number and Value of Scratch Ticket Prizes There will be approx-imately 9120000 Scratch Tickets in Scratch Ticket Game No 2071 The approximate number and value of prizes in the game are as fol-lows

IN ADDITION February 9 2018 43 TexReg 805

A The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission

50 End of the Scratch Ticket Game The Executive Director may at any time announce a closing date (end date) for the Scratch Ticket Game No 2071 without advance notice at which point no further Scratch Tickets in that game may be sold The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Scratch Ticket Game Rules See 16 TAC sect401302(j)

60 Governing Law In purchasing a Scratch Ticket the player agrees to comply with and abide by these Game Procedures for Scratch Ticket Game No 2071 the State Lottery Act (Texas Government Code Chap-ter 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-201800382 Bob Biard General Counsel Texas Lottery Commission Filed January 30 2018

diams diams diams Public Utility Commission of Texas Major Consulting Services Contract RFP No 473-17-00005 Project No 47410

Contract No 473-17-00005 for a financial audit of the Texas Universal Service Fund and internal control audit of the Texas Universal Service Fund Administrator

Consultant

Hurlbert CPA LLC

PO Box 615

Liberty MO 64063

Contract No 473-17-00005 expires April 30 2021

Compensation $159000

Contractor will submit a draft audit for FY 2017 by March 15 2018 and a final audit by May 15 2018

For FY 2018 2019 2020 - Draft audit due by the last working day in January following the close of the fiscal year audited Final audit due by the last working day in March following the close of the fiscal year audited

Public Utility Commission of Texas

1701 N Congress Avenue

Austin TX 78711

Point of contact jaystonepuctexasgov

Publication in Texas Register after entering into major consulting ser-vices contract required by Texas Government Code sect2254030 TRD-201800380

43 TexReg 806 February 9 2018 Texas Register

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Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Service Provider Certificate of Operating Authority

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 29 2018 in accordance with Public Utility Regulatory Act sectsect54151 - 54156

Docket Title and Number Application of Aeon Communications LLC for an Amendment to its Service Provider Certificate of Operating Au-thority Docket Number 47993

Applicant seeks to amend service provider certificate of operating au-thority number 60882 to reflect discontinuation of certain telecommu-nications services and to permanently withdraw from offering any ser-vices in the State of Texas

Persons wishing to comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than February 23 2018 Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47993 TRD-201800391 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 24 2018 to amend certificates of convenience and necessity in Medina County

Docket Style and Number Application of the City of Castroville to Amend its Water Certificate of Convenience and Necessity and to De-certify a Portion of New Alsace Water Supply Corporations Service Area in Medina County Docket Number 47985

The Application The City of Castroville filed an application to amend its water certificate of convenience and necessity (CCN) No 10218 and to decertify a portion of New Alsace Water Supply Corporations service area under CCN No 12558 in Medina County The total area being requested includes approximately 7 acres and no current cus-tomers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47985 TRD-201800384 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

Notice of Application to Amend Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Util-ity Commission of Texas on January 17 2018 to amend a certificate of convenience and necessity (CCN) in Hays County

Docket Style and Number Application of the City of Dripping Springs to Amend a Water Certificate of Convenience and Necessity in Hays County Docket Number 47957

The Application The City of Dripping Springs filed an application to amend its water CCN No 13030 to add service area in Hays County The total area being requested includes approximately 522 acres and zero current customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47957 TRD-201800386 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend Water Certificates of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Com-mission of Texas (commission) on January 23 2018 of an applica-tion to amend water certificates of convenience and necessity (CCN) in Rockwall and Kaufman Counties

Docket Style and Number Application of the City of Heath to Amend a Water Certificate of Convenience and Necessity Under Water Code sect13255 and to Decertify a Portion of Forney Lake Water Supply Cor-porations Service Area in Rockwall and Kaufman Counties Docket Number 47979

The Application The City of Heath filed an application to amend water CCN No 12060 to provide water service to the Forney Lake Water Supply Corporations (FLWS) CCN area and to decertify a portion of the FLWS CCN No 10086 in Rockwall and Kaufman Counties The total area being removed from CCN No 10086 includes approximately 2600 acres and 839 customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47979 TRD-201800330 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 807

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Texas Racing Commission Notice of Deadline Pursuant to sect313 of the Texas Racing Act Texas Revised Civil Statutes Ann Art 179e and Title 16 Texas Administrative Code sect309299 the Executive Director for the Texas Racing Commission provides notice that Monday March 1 2018 is the deadline to request Commission recognition as the horsemens representative organization

Section 313 of the Texas Racing Act authorizes the Commission to recognize an organization to represent members of a segment of the racing industry including owners breeders trainers kennel operators and other persons involved in the racing industry In 16 TAC sect309299 the Commission has adopted criteria for being recognized as the organ-ization to represent horse owners and trainers This organization will be responsible for negotiating with each licensed racetrack regarding the racetracks live racing programs including but not limited to the allocation of purse money to various live races the exporting of simul-cast signals and the importing of simulcast signals during live race meetings

To be eligible for recognition as the horsemens representative organi-zation each officer and director of the organization during the two-year

term of the recognition must be licensed by the Commission as an owner or trainer The Commission will also review the experience and qualifications of the organizations directors executive officers and management personnel the organizations benevolence programs and the degree to which the organizations membership represents a fair and equitable cross-section of the horse owners and trainers participating at each of the racetracks in this state The organization is subject to audit by the Texas Racing Commission

To request recognition an organization must file a written request on a form prescribed by the Executive Director To obtain a copy of the form or for more information interested persons should contact Devon Bi-jansky General Counsel Texas Racing Commission PO Box 12080 Austin Texas 78711-2080 (512) 833-6699 FAX (512) 833-6907 TRD-201800304 Devon Bijansky General Counsel Texas Racing Commission Filed January 24 2018

43 TexReg 808 February 9 2018 Texas Register

Charmaine Backens Director Litigation Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Enforcement Orders An agreed order was adopted regarding Venus Operating Corp dba Venus Food Mart Docket No 2016-1188-PST-E on January 30 2018 assessing $4125 in administrative penalties with $825 deferred Infor-mation concerning any aspect of this order may be obtained by contact-ing John Fennell Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding United States Department of Agriculture Docket No 2016-1329-PST-E on January 30 2018 as-sessing $3375 in administrative penalties with $675 deferred Infor-mation concerning any aspect of this order may be obtained by contact-ing Ronica Rodriguez Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Naresh P Patel dba Westside Grocery Docket No 2016-1490-PST-E on January 30 2018 assess-ing $3375 in administrative penalties with $675 deferred Informa-tion concerning any aspect of this order may be obtained by contacting Ronica Rodriguez Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding MERITOCRACY UNION INC dba Tex Mex Food Mart 1 Docket No 2016-1564-PST-E on January 30 2018 assessing $5754 in administrative penalties Information concerning any aspect of this order may be obtained by contacting Jess Robinson Staff Attorney at (512) 239-3400 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Saakshi Inc Docket No 2016-1758-PST-E on January 30 2018 assessing $4500 in administrative penalties with $900 deferred Information concerning any aspect of this order may be obtained by contacting Alejandro Laje Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SHIV OMKARA INC dba Bulldog Express Mart Docket No 2016-1871-PST-E on January 30 2018 assessing $3375 in administrative penalties with $675 deferred Information concerning any aspect of this order may be obtained by contacting Jonathan Nguyen Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Akbar Ali Momin dba Leander Grocery Docket No 2017-0171-PST-E on January 30 2018 assess-ing $3563 in administrative penalties with $712 deferred Informa-tion concerning any aspect of this order may be obtained by contact-ing Ross Luedtke Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Cliff J Chambers Docket No 2017-0339-OSS-E on January 30 2018 assessing $527 in administra-tive penalties Information concerning any aspect of this order may be obtained by contacting Jake Marx Staff Attorney at (512) 239-3400

Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding FRANKLIN EXPRESSWAY INC and G amp G LIONS INC dba Lions Den Exxon Docket No 2017-0545-PST-E on January 30 2018 assessing $3750 in administra-tive penalties with $750 deferred Information concerning any aspect of this order may be obtained by contacting Margarita Dennis Enforce-ment Coordinator at (512) 239-2545 Texas Commission on Environ-mental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Shane Taylor and Conway Clary Docket No 2017-0635-PST-E on January 30 2018 assess-ing $2250 in administrative penalties with $450 deferred Informa-tion concerning any aspect of this order may be obtained by contact-ing Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Monarch Mountain Minerals amp Aggregates LLC Docket No 2017-0639-AIR-E on January 30 2018 assessing $2550 in administrative penalties with $510 deferred Infor-mation concerning any aspect of this order may be obtained by contact-ing Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SHIVAM BUSINESS INC dba Lonestar Exxon Docket No 2017-0750-PST-E on January 30 2018 assessing $6879 in administrative penalties with $1375 deferred Information concerning any aspect of this order may be obtained by contacting Ken Moller Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding BUFFALO CHEVRON FOOD MART INC dba Chevron of Buffalo Docket No 2017-0780-PST-E on January 30 2018 assessing $2567 in administrative penalties with $513 deferred Information concerning any aspect of this order may be obtained by contacting Jonathan Nguyen Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding RAHIL INVESTMENTS INC dba West End Grocery Docket No 2017-0869-PST-E on January 30 2018 assessing $3375 in administrative penalties with $675 deferred Information concerning any aspect of this order may be obtained by contacting Caleb Olson Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Vishva Inc dba Pac N Go 905 Docket No 2017-0903-PST-E on January 30 2018 assessing $3000 in administrative penalties with $600 deferred Information concern-ing any aspect of this order may be obtained by contacting Farhaud Abbaszadeh Enforcement Coordinator at (512) 239-2545 Texas Com-mission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SilverBow Resources Operat-ing LLC Docket No 2017-0912-AIR-E on January 30 2018 assess-ing $7276 in administrative penalties with $1455 deferred Informa-tion concerning any aspect of this order may be obtained by contact-ing Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Gulmohar Enterprises Inc dba Honey Grove Gas and Grocery Docket No 2017-0952-PST-E on

43 TexReg 796 February 9 2018 Texas Register

January 30 2018 assessing $3129 in administrative penalties with $625 deferred Information concerning any aspect of this order may be obtained by contacting Ken Moller Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Legacy Reserves Operating LP Docket No 2017-0970-AIR-E on January 30 2018 assessing $4500 in administrative penalties with $900 deferred Information concerning any aspect of this order may be obtained by contacting Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Reliant Processing Group LLC Docket No 2017-1014-IWD-E on January 30 2018 assessing $5625 in administrative penalties with $1125 deferred Information concern-ing any aspect of this order may be obtained by contacting Sandra Dou-glas Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding CIRCLE K STORES INC dba CIRCLE K 2704034 Docket No 2017-1191-PST-E on January 30 2018 assessing $7500 in administrative penalties with $1500 deferred Information concerning any aspect of this order may be obtained by contacting Austin Henck Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SBE ENTERPRISES INC dba Ekko Fuels and Oil Docket No 2017-1213-PST-E on January 30 2018 assessing $1736 in administrative penalties with $347 deferred Information concerning any aspect of this order may be obtained by contacting Carlos Molina Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SUNSHINE FOOD MART INC dba Sunshine Food Mart Docket No 2017-1237-PST-E on January 30 2018 assessing $3750 in administrative penalties with $750 deferred Information concerning any aspect of this order may be obtained by contacting Caleb Olson Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087 TRD-201800401 Bridget C Bohac Chief Clerk Texas Commission on Environmental Quality Filed January 31 2018

diams diams diams Notice of a Proposed Renewal with Amendment of General Permit TXG830000 Authorizing the Discharge of Wastewater The Texas Commission on Environmental Quality (TCEQ or commis-sion) is proposing to renew and amend Texas Pollutant Discharge Elim-ination System General Permit TXG830000 This general permit au-thorizes the discharge of water contaminated by petroleum substances into or adjacent to water in the state The proposed general permit ap-plies to the entire state of Texas General permits are authorized by Texas Water Code sect26040

PROPOSED GENERAL PERMIT The executive director has pre-pared a draft general permit renewal with amendments of an existing general permit that authorizes the discharge of water contaminated by petroleum substances into or adjacent to water in the state No significant degradation of high quality waters is expected and existing uses will be maintained and protected The executive director proposes

to require certain dischargers to submit a Notice of Intent to obtain authorization to discharge

The executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) according to Coastal Coordination Advisory Committee regulations and has determined that the action is consistent with applicable CMP goals and policies

A copy of the proposed general permit and fact sheet are available for viewing and copying at the TCEQ Office of the Chief Clerk located at the TCEQ Austin office at 12100 Park 35 Circle Building F These documents are also available at the TCEQs 16 regional offices and on the TCEQ website at httpwwwtceqtexasgovpermittingwaste-watergeneralindexhtml

PUBLIC COMMENTPUBLIC MEETING You may submit public comments or request a public meeting about this proposed general per-mit The purpose of a public meeting is to provide the opportunity to submit written or oral comment or to ask questions about the proposed general permit Generally the TCEQ will hold a public meeting if the executive director determines that there is a significant degree of public interest in the proposed general permit or if requested by a state legis-lator A public meeting is not a contested case hearing

Written public comments must be received by the Office of the Chief Clerk MC 105 TCEQ PO Box 13087 Austin Texas 78711-3087 or electronically at wwwtceqtexasgovaboutcommentshtml within 30 days from the date this notice is published

APPROVAL PROCESS After the comment period the executive di-rector will consider all the public comments and prepare a written re-sponse The response will be filed with the TCEQ Office of the Chief Clerk at least 10 days before the scheduled commission meeting when the commission will consider approval of the general permit The com-mission will consider all public comment in making its decision and will either adopt the executive directors response or prepare its own response The commission will issue its written response on the gen-eral permit at the same time the commission issues or denies the gen-eral permit A copy of any issued general permit and response to com-ments will be made available to the public for inspection at the agencys Austin office and regional offices A notice of the commissioners ac-tion on the proposed general permit and a copy of its response to com-ments will be mailed to each person who submitted a comment Also a notice of the commissions action on the proposed general permit and the text of its response to comments will be published in the Texas Reg-ister

MAILING LISTS In addition to submitting public comments you may ask to be placed on a mailing list to receive future public notices mailed by the TCEQ Office of the Chief Clerk You may request to be added to 1) the mailing list for this specific general permit 2) the permanent mailing list for a specific county or 3) both Clearly specify the mailing lists to which you wish to be added and send your request to the TCEQ Office of the Chief Clerk at the address previously mentioned Unless you otherwise specify you will be included only on the mailing list for this specific general permit

INFORMATION If you need more information about this general per-mit or the permitting process please call the TCEQ Public Education Program toll free at (800) 687-4040 General information about the TCEQ can be found at our website at httpwwwtceqtexasgov

Further information may also be obtained by calling Laurie Fleet TCEQ Water Quality Division at (512) 239-5445

Si desea informacioacuten en espantildeol puede llamar (800) 687-4040 TRD-201800344

IN ADDITION February 9 2018 43 TexReg 797

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Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 26 2018

diams diams diams Notice of Opportunity to Comment on a Default Order of Administrative Enforcement Actions The Texas Commission on Environmental Quality (TCEQ or commis-sion) staff is providing an opportunity for written public comment on the listed Default Order (DO) The commission staff proposes a DO when the staff has sent the Executive Directors Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations the pro-posed penalty the proposed technical requirements necessary to bring the entity back into compliance and the entity fails to request a hear-ing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing Similar to the proce-dure followed with respect to Agreed Orders entered into by the execu-tive director of the commission in accordance with Texas Water Code (TWC) sect7075 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 March 13 2018 The commission will consider any writ-ten comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate improper inadequate or inconsistent with the requirements of the statutes and rules within the commissions jurisdiction or the commissions orders and permits issued in accordance with the commissions regulatory au-thority Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written com-ments

A copy of the proposed DO is available for public inspection at both the commissions central office located at 12100 Park 35 Circle Building A 3rd Floor Austin Texas 78753 (512) 239-3400 and at the appli-cable regional office listed as follows Written comments about the DO should be sent to the attorney designated for the DO at the com-missions central office at PO Box 13087 MC 175 Austin Texas 78711-3087 and must be received by 500 pm on March 13 2018 Comments may also be sent by facsimile machine to the attorney at (512) 239-3434 The commissions attorney is available to discuss the DO andor the comment procedure at the listed phone number how-ever TWC sect7075 provides that comments on the DO shall be submit-ted to the commission in writing

(1) COMPANY Justin Vincent DOCKET NUMBER 2017-0818-LII-E TCEQ ID NUMBER RN109698712 LOCATION On-alaska Polk County (Facility) and 7421 Teaswood Drive Conroe Montgomery County TYPE OF FACILITY business RULES VIO-LATED TWC sect37003 Texas Occupations Code sect1903251 and 30 TAC sect305(a) by failing to hold an irrigator license prior to selling designing consulting installing altering repairing or servicing an irrigation system PENALTY $948 STAFF ATTORNEY Audrey Liter Litigation Division MC 175 (512) 239-0684 REGIONAL OF-FICE Beaumont Regional Office 3870 Eastex Freeway Beaumont Texas 77703-1830 (409) 898-3838 TRD-201800377 Charmaine Backens Director Litigation Division Texas Commission on Environmental Quality Filed January 30 2018

Notice of Opportunity to Comment on Agreed Orders of Administrative Enforcement Actions The Texas Commission on Environmental Quality (TCEQ agency or commission) staff is providing an opportunity for written public com-ment on the listed Agreed Orders (AOs) in accordance with Texas Wa-ter Code (TWC) sect7075 TWC sect7075 requires that before the com-mission may approve the AOs the commission shall allow the pub-lic an opportunity to submit written comments on the proposed AOs TWC sect7075 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 March 13 2018 TWC sect7075 also requires that the commission promptly consider any written comments received and that the com-mission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropri-ate improper inadequate or inconsistent with the requirements of the statutes and rules within the commissions jurisdiction or the commis-sions orders and permits issued in accordance with the commissions regulatory authority Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments

A copy of each proposed AO is available for public inspection at both the commissions central office located at 12100 Park 35 Circle Build-ing A 3rd Floor Austin Texas 78753 (512) 239 3400 and at the ap-plicable regional office listed as follows Written comments about an AO should be sent to the attorney designated for the AO at the commis-sions central office at PO Box 13087 MC 175 Austin Texas 78711 3087 and must be received by 500 pm on March 13 2018 Com-ments may also be sent by facsimile machine to the attorney at (512) 239-3434 The designated attorneys are available to discuss the AOs andor the comment procedure at the listed phone numbers however TWC sect7075 provides that comments on an AO shall be submitted to the commission in writing

(1) COMPANY ASHEVILLE ENTERPRISES INC dba Mr Ts Convenience Store DOCKET NUMBER 2017-1163-PST-E TCEQ ID NUMBER RN101998573 LOCATION 6808 Bowman Springs Road Arlington Tarrant County TYPE OF FACILITY underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) PENALTY $3750 STAFF ATTORNEY Joey Washburn Litigation Division MC 175 (512) 239-1297 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(2) COMPANY City of White Settlement DOCKET NUMBER 2017-0676-PWS-E TCEQ ID NUMBER RN101390292 LOCA-TION 214 Meadow Park Drive White Settlement Tarrant County TYPE OF FACILITY public water system RULES VIOLATED 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required sample sites have the samples analyzed and report the results to the executive director (ED) and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples 30 TAC sect290271(b) and sect290274(a) and (c) by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year and failing to submit to the TCEQ by July 1st of each year a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with the compliance monitoring data and 30 TAC sect290122(c)(2)(A) and (f) by failing

43 TexReg 798 February 9 2018 Texas Register

to provide public notification and submit a copy of the notification to the ED regarding the failure to submit a Disinfectant Level Quarterly Operating Report PENALTY $1950 STAFF ATTORNEY Adam Taylor Litigation Division MC 175 (512) 239-3345 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(3) COMPANY GUL ENTERPRISES LLC dba Texaco Corner DOCKET NUMBER 2016-0591-PST-E TCEQ ID NUMBER RN102352911 LOCATION 2700 East 5th Street Tyler Smith County TYPE OF FACILITY underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) PENALTY $4500 STAFF ATTORNEY Amanda Patel Litigation Division MC 175 (512) 239-3990 REGIONAL OFFICE Tyler Regional Office 2916 Teague Drive Tyler Texas 75701-3734 (903) 535-5100

(4) COMPANY Howard C Bigham Jr dba Key Mobile Home Park DOCKET NUMBER 2017-0571-PWS-E TCEQ ID NUMBER RN101246262 LOCATION 2116 Tuscola Avenue near Snyder Scurry County TYPE OF FACILITY public water system RULES VIOLATED 30 TAC sect290110(e)(4)(A) and (f)(3) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2dii by failing to submit a Disinfectant Level Quarterly Oper-ating Report (DLQOR) to the executive director (ED) 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2di by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED 30 TAC sect290117(c)(2)(A) (h) and (i)(1) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2di by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED 30 TAC sect290117(i)(6) and (j) by failing to mail consumer notification of lead tap water monitoring results to persons served at the locations that were sampled and failing to submit to the TCEQ a copy of the consumer notification and certification that the consumer notification had been distributed to the persons served at the locations in a manner consistent with TCEQ requirements 30 TAC sect290271(b) and sect290274(a) and (c) by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st for each year and failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ 30 TAC sect290122(c)(2)(A) and (f) by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a DLQOR to the ED and the failure to collect lead and copper tap samples 30 TAC sect29046(f)(2) (3)(A)(i)(III) (ii)(III) and (B)(iii) and TCEQ Order Docket Number 2015-0103-PWS-E Ordering Pro-vision Number 2a by failing to maintain water works operation and maintenance records and make them readily available to commission personnel upon request 30 TAC sect29044(i) and TCEQ Order Docket Number 2015-0103-PWS-E Ordering Provision Number 2c by failing to obtain an approval from the ED prior to supplying drinking water distributed by a tanker truck or trailer to persons served by the facility 30 TAC sect29046(i) by failing to adopt an adequate plumbing ordinance regulations or service agreement with provisions for proper enforcement to ensure that neither cross-connection nor other unacceptable plumbing practices are permitted 30 TAC sect29046(z) by failing to create a nitrification action plan for a system distributing chloraminated water 30 TAC sect29042(e)(3)(G) by failing to obtain

an exception in accordance with 30 TAC sect29039(l) prior to blending water containing chloramines and water containing free chlorine 30 TAC sect29046(f)(2) (3)(B)(iv) and (D)(ii) by failing to maintain water works operation and maintenance records and make them readily available to commission personnel upon request and Texas Health and Safety Code sect3410315(c) and 30 TAC sect29046(d)(2)(B) and sect290110(b)(4) by failing to maintain a disinfectant residual of at least 05 milligrams per liter of chloramine (measured as total chlorine) throughout the distribution system at all times PENALTY $3614 STAFF ATTORNEY Ian Groetsch Litigation Division MC 175 (512) 239-2225 REGIONAL OFFICE Abilene Regional Office 1977 Industrial Boulevard Abilene Texas 79602-7833 (325) 698-9674

(5) COMPANY ICR Energy LLC dba Bitters Road Express Grocery amp Dry Cleaners DOCKET NUMBER 2016-2093-MLM-E TCEQ ID NUMBER RN102980265 LOCATION 1005 West Bitters Road San Antonio Bexar County TYPE OF FACILITY dry cleaning drop station underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED Texas Health and Safety Code sect374102(a) and 30 TAC sect33710(a)(1) and (2) by failing to complete and submit the required registration form to the TCEQ for a dry cleaning facility andor drop station facility TWC sect263475(a) and 30 TAC sect33450(b)(1)(A) by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(c)(1) and 30 TAC sect33450(b)(2)(A)(i)(III) by failing to provide release detection for the pressurized piping associated with the UST system 30 TAC sect3348(c)(4)(A)(vii) and (5)(B)(ii) by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date TWC sect263467(a) and 30 TAC sect3348(c)(5)(A)(i) by failing to make available to a common carrier a valid current TCEQ delivery certificate before accepting delivery of a regulated substance into the UST 30 TAC sect3348(c)(5)(C) by failing to ensure that a legible tag label or marking with the UST identifica-tion 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 according to the UST registration and self-certification form TWC sect263475(c)(2) and 30 TAC sect33442(i) by failing to inspect all sumps including dispenser sumps manways overspill containers or catchment basins associated with a UST system at least once every 60 days to ensure that their sides bottoms and any penetration points are maintained liquid tight and free of any liquid or debris and 30 TAC sect37815(a) and (b) by failing to demonstrate acceptable financial as-surance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs PENALTY $18440 STAFF ATTORNEY Amanda Patel Litigation Division MC 175 (512) 239-3990 REGIONAL OFFICE San Antonio Regional Office 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096

(6) COMPANY RIJAL TRADERS INC dba Mercado Food amp Fuels DOCKET NUMBER 2016-0136-PST-E TCEQ ID NUM-BER RN102978657 LOCATION 301 East Avenue G Conroe Montgomery County TYPE OF FACILITY underground stor-age tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(a) and 30 TAC sect33450(b)(2)(A)(i)(III) by failing to test the line leak detectors at least once per year for performance and operational reliability TWC sect263475(a) and 30 TAC sect33450(b)(2)(A)(ii) by failing to provide release detection for the pressurized piping associated with the UST system and 30 TAC sect33450(d)(1)(B) by failing to conduct inventory

IN ADDITION February 9 2018 43 TexReg 799

control procedures including volume measurement reconciliation of detailed inventory control records at least once a month in a manner sufficiently accurate to detect a release which equals or exceeds the sum of 10 of the total substance flow through for the month plus 130 gallons PENALTY $5607 STAFF ATTORNEY Ian Groetsch Litigation Division MC 175 (512) 239-2225 REGIONAL OFFICE Houston Regional Office 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(7) COMPANY SEMINOLE VENTURES LLC dba Alsbury Food Mart DOCKET NUMBER 2017-0644-PST-E TCEQ ID NUMBER RN102021508 LOCATION 776 Northeast Alsbury Boulevard Burleson Tarrant County TYPE OF FACILITY underground stor-age tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(d) and 30 TAC sect33449(a)(4) by failing to provide corrosion protection for the UST system and 30 TAC sect33410(b) and 30 TAC sect33451(c)(1) by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel PENALTY $7313 STAFF AT-TORNEY Isaac Ta Litigation Division MC 175 (512) 239-0683 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800 TRD-201800376 Charmaine Backens Director Litigation Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Notice of Public Hearing on Proposed Revisions The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revi-sions to 30 TAC Chapter 305 Consolidated Permits sect305541 under the requirements of Texas Government Code Chapter 2001 Subchap-ter B

The proposed rulemaking would amend sect305541 to adopt by refer-ence 40 Code of Federal Regulations Part 441 as published on June 14 2017 in the Federal Register (82 FedReg 27154 - 27178) and mi-nor corrections to the rule that were published in the Federal Register on June 26 2017 and July 5 2017 (82 FedReg 28777 82 FedReg 30997) The proposed rulemaking would also adopt by reference the United States Environmental Protection Agencys Effluent Limitations Guidelines and Standards for the Dental Category

The commission will hold a public hearing on this proposal in Austin on March 8 2018 at 200 pm in Building E Room 201S at the com-missions central office located at 12100 Park 35 Circle The hearing is structured for the receipt of oral or written comments by interested persons Individuals may present oral statements when called upon in order of registration Open discussion will not be permitted during the hearing however commission staff members will be available to dis-cuss the proposal 30 minutes prior to the hearing

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

Written comments may be submitted to Ms Kris Hogan MC 205 Office of Legal Services Texas Commission on Environ-mental Quality PO Box 13087 Austin Texas 78711-3087 or

faxed to (512) 239-4808 Electronic comments may be submitted at httpwww1tceqtexasgovrulesecomments File size restric-tions may apply to comments being submitted via the eComments system All comments should reference Rule Project Number 2017-009-305-OW The comment period closes on March 12 2018 Copies of the proposed rulemaking can be obtained from the commis-sions website at httpwwwtceqtexasgovrulespropose_adopthtml For further information please contact Laurie Fleet Wastewater Permitting Section at (512) 239-5445 TRD-201800346 Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 26 2018

diams diams diams Notice of Water Rights Application

Notices issued January 25 2018

APPLICATION NO 13340 The City of Wichita Falls 600 11th Street Room 209 Wichita Falls Texas 76301 Applicant seeks a temporary water use permit to divert and use not to exceed 20 acre-feet of wa-ter over a two-year period from Plum Creek at a maximum diversion rate of 022 cfs (100 gpm) for agricultural purposes in Wichita County The application and fees were received on September 23 2016 Ad-ditional information and fees were received on April 28 2017 The application was declared administratively complete and filed with the Office of the Chief Clerk on June 22 2017 The Executive Director completed the technical review of the application and prepared a draft permit The draft permit if granted would include special conditions including but not limited to installing a measuring device for diver-sions The application technical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 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 by February 9 2018

APPLICATION NO 13419 Magellan Terminals Holdings LP One Williams Center OTC-8 Tulsa Oklahoma 74172 Applicant seeks a temporary water use permit to divert and use not to exceed 200 acre-feet of water within a period of three years from a point on Buffalo Bayou (Houston Ship Channel) San Jacinto River Basin for industrial pur-poses in Harris County The application and fees were received on August 14 2017 Additional information and fees were received on September 21 and September 26 2017 The application was declared administratively complete and filed with the Office of the Chief Clerk on October 24 2017 The Executive Director completed the technical review of the application and prepared a draft permit The draft permit if granted would include special conditions including but not limited to installing a measuring device for diversions The application tech-nical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 78753 Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below by February 9 2018

APPLICATION NO 18-2445A Camp Mystic Inc Route 2 Box 257 Hunt Texas 78024 Applicant seeks to amend Certificate of Adjudi-cation No 18-2445 to authorize an existing dam and reservoir with a capacity of 15 acre-feet on Cypress Creek Guadalupe River Basin for recreational purposes in Kerr County The application does not re-quest a new appropriation of water or to increase the amount of water

43 TexReg 800 February 9 2018 Texas Register

diams diams diams

authorized to be stored taken or diverted The application and partial fees were received on April 28 2015 Additional information and fees were received on October 5 and October 27 2016 and June 23 2017 The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on July 12 2017 The Ex-ecutive Director has completed the technical review of the application and prepared a draft amendment The amendment if granted would include special conditions including but not limited to maintaining the reservoir full at all time with an alternate source of water The ap-plication technical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 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 sec-tion below within 30 days of the date of newspaper publication of the notice

To view the complete issued notice view the notice on our website at wwwtceqtexasgovagencyccpub_noticehtml or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete no-tice 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 con-tested 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) applicants name and permit number (3) the statement [Iwe] 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 applica-tion 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 re-quested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Com-mission 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 PO Box 13087 Austin Texas 78711-3087 For infor-mation concerning the hearing process please contact the Public Inter-est Counsel MC 103 at the same address For additional information individual members of the general public may contact the Public Edu-cation Program at (800) 687-4040 General information regarding the TCEQ can be found at our website at wwwtceqtexasgov Si desea informacioacuten en espantildeol puede llamar al (800) 687-4040 TRD-201800402 Bridget C Bohac Chief Clerk Texas Commission on Environmental Quality Filed January 31 2018

diams diams diams Update to the Water Quality Management Plan

The Texas Commission on Environmental Quality (TCEQ or commis-sion) requests comments from the public on the draft January 2018 Up-date to the WQMP for the State of Texas

Download the draft January 2018 WQMP Update at httpswwwtceqtexasgovpermittingwqmpWQmanagement_up-dateshtml or view a printed copy at the TCEQ Library Building A 12100 Park 35 Circle Austin Texas

The WQMP is developed and promulgated in accordance with the re-quirements of Federal Clean Water Act sect208 The draft update in-cludes projected effluent limits of specific domestic dischargers which may be useful for planning in future permit actions The draft update may also contain service area populations for listed wastewater treat-ment facilities designated management agency information and total maximum daily load (TMDL) revisions

Once the commission certifies a WQMP update it is submitted to the United States Environmental Protection Agency (EPA) for approval For some Texas Pollutant Discharge Elimination System (TPDES) per-mits the EPAs approval of a corresponding WQMP update is a neces-sary precondition to TPDES permit issuance by the commission

Deadline

All comments must be received at the TCEQ no later than 500 pm on March 12 2018

How to Submit Comments

Comments must be submitted in writing to

Nancy Vignali

Texas Commission on Environmental Quality

Water Quality Division MC 150

PO Box 13087

Austin Texas 78711-3087

Comments may also be faxed to (512) 239-4420 but must be followed up with written comments by mail within three working days of the fax date or by the comment deadline whichever is sooner

For further information or questions please contact Ms Vignali at (512) 239-1303 or by email at NancyVignalitceqtexasgov TRD-201800378 Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Texas Ethics Commission List of Late Filers Below is a list from the Texas Ethics Commission naming the filers who failed to pay the penalty fine for failure to file the report or filing a late report in reference to the specified filing deadline If you have any questions you may contact Jennifer Griggs at (512) 463-5800

Deadline Personal Financial Statement due October 23 2017

00081802 - Michael Dokupil 4212 San Felipe Suite 410 Houston Texas 77027

TRD-201800306 Seana Willing Executive Director Texas Ethics Commission Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 801

Texas Lottery Commission Scratch Ticket Game Number 2071 Lucky Dog 10 Name and Style of Scratch Ticket Game

A The name of Scratch Ticket Game No 2071 is LUCKY DOG The play style is key symbol match

11 Price of Scratch Ticket Game

A The price for Scratch Ticket Game No 2071 shall be $100 per Scratch Ticket

12 Definitions in Scratch Ticket Game No 2071

A Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear

B Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket

C Play Symbol- The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize Each

Play Symbol is printed in Symbol font in black ink in positive except for dual-image games The possible black Play Symbols are

MAX PLAY SYMBOL CHARLIE PLAY SYMBOL COCO PLAY SYMBOL SPOT PLAY SYMBOL RUSS PLAY SYMBOL JACK PLAY SYMBOL FIDO PLAY SYMBOL MOLLY PLAY SYMBOL BRUCE PLAY SYMBOL ROCKY PLAY SYMBOL LOLA PLAY SYMBOL ROVER PLAY SYMBOL BUDDY PLAY SYMBOL DUKE PLAY SYMBOL SPIKE PLAY SYMBOL SOPHIE PLAY SYMBOL BUSTER PLAY SYBMOL RUFUS PLAY SYMBOL DINO PLAY SYMBOL SADIE PLAY SYMBOL GINGER PLAY SYMBOL BAILEY PLAY SYMBOL $1 $2 $5 $10 $20 $50 $100 and $500

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

43 TexReg 802 February 9 2018 Texas Register

IN ADDITION February 9 2018 43 TexReg 803

E Serial Number- A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket The Serial Number is for validation purposes and cannot be used to play the game The format will be 0000000000000

F Bar Code - A 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 Scratch Ticket number and the ten (10) digit Validation Number The Bar Code appears on the back of the Scratch Ticket

G Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2071) a seven (7) digit Pack number and a three (3) digit Scratch Ticket number Scratch Ticket numbers start with 001 and end with 150 within each Pack The format will be 2071-0000001-001

H Pack - A Pack of the LUCKY DOG Scratch Ticket Game contains 150 Tickets packed in plastic shrink-wrapping and fanfolded in pages of five (5) Tickets 001 to 005 will be on the top page Tickets 006 to 010 on the next page etc and Tickets 146 to 150 will be on the last page with backs exposed Ticket 001 will be folded over so the front of Ticket 001 and 010 will be exposed

I Non-Winning Scratch Ticket - A Scratch Ticket which is not pro-grammed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures the State Lottery Act (Texas Government Code Chapter 466) and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401

J Scratch Ticket Game Scratch Ticket or Ticket - Texas Lottery LUCKY DOG Scratch Ticket Game No 2071

20 Determination of Prize Winners The determination of prize win-ners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401302 Scratch Ticket Game Rules these Game Procedures and the requirements set out on the back of each Scratch Ticket A prize winner in the LUCKY DOG Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 8 (eight) Play Symbols If a player matches any of the YOUR DOGS Play Symbols to the WINNING DOG Play Symbol the player wins the PRIZE for that dog No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket

21 Scratch Ticket Validation Requirements

A To be a valid Scratch Ticket all of the following requirements must be met

1 Exactly 8 (eight) Play Symbols must appear under the Latex Over-print on the front portion of the Scratch Ticket

2 Each of the Play Symbols must have a Play Symbol Caption under-neath unless specified and each Play Symbol must agree with its Play Symbol Caption

3 Each of the Play Symbols must be present in its entirety and be fully legible

4 Each of the Play Symbols must be printed in black ink except for dual image games

5 The Scratch Ticket shall be intact

6 The Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be present in their entirety and be fully legible

7 The Serial Number must correspond using the Texas Lotterys codes to the Play Symbols on the Scratch Ticket

8 The Scratch Ticket must not have a hole punched through it be mutilated altered unreadable reconstituted or tampered with in any manner

9 The Scratch Ticket must not be counterfeit in whole or in part

10 The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner

11 The Scratch Ticket must not have been stolen nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery

12 The Play Symbols Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be right side up and not reversed in any manner

13 The Scratch Ticket must be complete and not miscut and have exactly 8 (eight) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket exactly one Serial Number exactly one Retailer Validation Code and exactly one Pack-Scratch Ticket Number on the Scratch Ticket

14 The Serial Number of an apparent winning Scratch Ticket shall cor-respond with the Texas Lotterys Serial Numbers for winning Scratch Tickets and a Scratch Ticket with that Serial Number shall not have been paid previously

15 The Scratch Ticket must not be blank or partially blank misregis-tered defective or printed or produced in error

16 Each of the 8 (eight) Play Symbols must be exactly one of those described in Section 12C of these Game Procedures

17 Each of the 8 (eight) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery

18 The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery and

19 The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines

B The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures the Texas Lotterys Rules governing the award of prizes of the amount to be validated and any confidential validation and security tests of the Texas Lottery

C Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid However the Executive Director may solely at the Executive Directors discretion refund the retail sales price of the Scratch Ticket In the event a de-fective Scratch Ticket is purchased the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket solely at the Executive Directors discretion

22 Programmed Game Parameters

A Consecutive Non-Winning Tickets within a Pack will not have matching patterns in the same order of either Play Symbols or Prize Symbols

43 TexReg 804 February 9 2018 Texas Register

B The top Prize Symbol will appear on every Ticket unless restricted by other parameters play action or prize structure

C No matching non-winning YOUR DOGS Play Symbols on a Ticket

D A non-winning Prize Symbol will never match a winning Prize Sym-bol

E No matching non-winning Prize Symbols on a Ticket unless re-stricted by other parameters play action or prize structure

23 Procedure for Claiming Prizes

A To claim a LUCKY DOG Scratch Ticket Game prize of $100 $200 $500 $1000 $2000 $5000 $100 or $500 a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer The Texas Lottery Retailer shall verify the claim and if valid and upon presentation of proper identification if appropriate make payment of the amount due the claimant and physically void the Scratch Ticket provided that the Texas Lottery Retailer may but is not required to pay a $5000 $100 or $500 Scratch Ticket Game In the event the Texas Lottery Retailer cannot verify the claim the Texas Lottery Retailer shall provide the claimant with a claim form and in-struct 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 23B of these Game Procedures

B As an alternative method of claiming a LUCKY DOG Scratch Ticket Game prize the claimant must sign the winning Scratch Ticket thoroughly complete a claim form and mail both to Texas Lottery Commission PO Box 16600 Austin Texas 78761-6600 The Texas Lottery is not responsible for Scratch Tickets lost in the mail In the event that the claim is not validated by the Texas Lottery the claim shall be denied and the claimant shall be notified promptly

C Prior to payment by the Texas Lottery of any prize the Texas Lottery shall deduct

1 A sufficient amount from the winnings of a prize winner who has been finally determined to be

a delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code sect403055

b in default on a loan made under Chapter 52 Education Code or

c in default on a loan guaranteed under Chapter 57 Education Code and

2 delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231 Family Code

D If a person is indebted or owes delinquent taxes to the State other than those specified in the preceding paragraph the winnings of a per-son shall be withheld until the debt or taxes are paid

24 Allowance for Delay of Payment The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director under any of the following circumstances

A if a dispute occurs or it appears likely that a dispute may occur regarding the prize

B if there is any question regarding the identity of the claimant

C if there is any question regarding the validity of the Scratch Ticket presented for payment or

D if the claim is subject to any deduction from the payment otherwise due as described in Section 23C of these Game Procedures No liabil-ity for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim

25 Payment of Prizes to Persons Under 18 If a person under the age of 18 years is entitled to a cash prize under $600 from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deliver to an adult member of the minors family or the minors guardian a check or war-rant in the amount of the prize payable to the order of the minor

26 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deposit the amount of the prize in a custodial bank account with an adult member of the minors family or the minors guardian serving as custodian for the minor

27 Scratch Ticket Claim Period All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military person-nel as set forth in Texas Government Code sect466408 Any rights to a prize that is not claimed within that period and in the manner specified in these Game Procedures and on the back of each Scratch Ticket shall be forfeited

28 Disclaimer The number of prizes in a game is approximate based on the number of Scratch Tickets ordered The number of actual prizes available in a game may vary based on number of Scratch Tickets man-ufactured testing distribution sales and number of prizes claimed A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed

30 Scratch Ticket Ownership

A Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket When a signature is placed on the back of the Scratch Ticket in the space designated the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto Notwithstanding any name or names submitted on a claim form the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated If more than one name appears on the back of the Scratch Ticket the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment

B The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket

40 Number and Value of Scratch Ticket Prizes There will be approx-imately 9120000 Scratch Tickets in Scratch Ticket Game No 2071 The approximate number and value of prizes in the game are as fol-lows

IN ADDITION February 9 2018 43 TexReg 805

A The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission

50 End of the Scratch Ticket Game The Executive Director may at any time announce a closing date (end date) for the Scratch Ticket Game No 2071 without advance notice at which point no further Scratch Tickets in that game may be sold The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Scratch Ticket Game Rules See 16 TAC sect401302(j)

60 Governing Law In purchasing a Scratch Ticket the player agrees to comply with and abide by these Game Procedures for Scratch Ticket Game No 2071 the State Lottery Act (Texas Government Code Chap-ter 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-201800382 Bob Biard General Counsel Texas Lottery Commission Filed January 30 2018

diams diams diams Public Utility Commission of Texas Major Consulting Services Contract RFP No 473-17-00005 Project No 47410

Contract No 473-17-00005 for a financial audit of the Texas Universal Service Fund and internal control audit of the Texas Universal Service Fund Administrator

Consultant

Hurlbert CPA LLC

PO Box 615

Liberty MO 64063

Contract No 473-17-00005 expires April 30 2021

Compensation $159000

Contractor will submit a draft audit for FY 2017 by March 15 2018 and a final audit by May 15 2018

For FY 2018 2019 2020 - Draft audit due by the last working day in January following the close of the fiscal year audited Final audit due by the last working day in March following the close of the fiscal year audited

Public Utility Commission of Texas

1701 N Congress Avenue

Austin TX 78711

Point of contact jaystonepuctexasgov

Publication in Texas Register after entering into major consulting ser-vices contract required by Texas Government Code sect2254030 TRD-201800380

43 TexReg 806 February 9 2018 Texas Register

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Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Service Provider Certificate of Operating Authority

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 29 2018 in accordance with Public Utility Regulatory Act sectsect54151 - 54156

Docket Title and Number Application of Aeon Communications LLC for an Amendment to its Service Provider Certificate of Operating Au-thority Docket Number 47993

Applicant seeks to amend service provider certificate of operating au-thority number 60882 to reflect discontinuation of certain telecommu-nications services and to permanently withdraw from offering any ser-vices in the State of Texas

Persons wishing to comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than February 23 2018 Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47993 TRD-201800391 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 24 2018 to amend certificates of convenience and necessity in Medina County

Docket Style and Number Application of the City of Castroville to Amend its Water Certificate of Convenience and Necessity and to De-certify a Portion of New Alsace Water Supply Corporations Service Area in Medina County Docket Number 47985

The Application The City of Castroville filed an application to amend its water certificate of convenience and necessity (CCN) No 10218 and to decertify a portion of New Alsace Water Supply Corporations service area under CCN No 12558 in Medina County The total area being requested includes approximately 7 acres and no current cus-tomers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47985 TRD-201800384 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

Notice of Application to Amend Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Util-ity Commission of Texas on January 17 2018 to amend a certificate of convenience and necessity (CCN) in Hays County

Docket Style and Number Application of the City of Dripping Springs to Amend a Water Certificate of Convenience and Necessity in Hays County Docket Number 47957

The Application The City of Dripping Springs filed an application to amend its water CCN No 13030 to add service area in Hays County The total area being requested includes approximately 522 acres and zero current customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47957 TRD-201800386 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend Water Certificates of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Com-mission of Texas (commission) on January 23 2018 of an applica-tion to amend water certificates of convenience and necessity (CCN) in Rockwall and Kaufman Counties

Docket Style and Number Application of the City of Heath to Amend a Water Certificate of Convenience and Necessity Under Water Code sect13255 and to Decertify a Portion of Forney Lake Water Supply Cor-porations Service Area in Rockwall and Kaufman Counties Docket Number 47979

The Application The City of Heath filed an application to amend water CCN No 12060 to provide water service to the Forney Lake Water Supply Corporations (FLWS) CCN area and to decertify a portion of the FLWS CCN No 10086 in Rockwall and Kaufman Counties The total area being removed from CCN No 10086 includes approximately 2600 acres and 839 customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47979 TRD-201800330 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 807

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Texas Racing Commission Notice of Deadline Pursuant to sect313 of the Texas Racing Act Texas Revised Civil Statutes Ann Art 179e and Title 16 Texas Administrative Code sect309299 the Executive Director for the Texas Racing Commission provides notice that Monday March 1 2018 is the deadline to request Commission recognition as the horsemens representative organization

Section 313 of the Texas Racing Act authorizes the Commission to recognize an organization to represent members of a segment of the racing industry including owners breeders trainers kennel operators and other persons involved in the racing industry In 16 TAC sect309299 the Commission has adopted criteria for being recognized as the organ-ization to represent horse owners and trainers This organization will be responsible for negotiating with each licensed racetrack regarding the racetracks live racing programs including but not limited to the allocation of purse money to various live races the exporting of simul-cast signals and the importing of simulcast signals during live race meetings

To be eligible for recognition as the horsemens representative organi-zation each officer and director of the organization during the two-year

term of the recognition must be licensed by the Commission as an owner or trainer The Commission will also review the experience and qualifications of the organizations directors executive officers and management personnel the organizations benevolence programs and the degree to which the organizations membership represents a fair and equitable cross-section of the horse owners and trainers participating at each of the racetracks in this state The organization is subject to audit by the Texas Racing Commission

To request recognition an organization must file a written request on a form prescribed by the Executive Director To obtain a copy of the form or for more information interested persons should contact Devon Bi-jansky General Counsel Texas Racing Commission PO Box 12080 Austin Texas 78711-2080 (512) 833-6699 FAX (512) 833-6907 TRD-201800304 Devon Bijansky General Counsel Texas Racing Commission Filed January 24 2018

43 TexReg 808 February 9 2018 Texas Register

January 30 2018 assessing $3129 in administrative penalties with $625 deferred Information concerning any aspect of this order may be obtained by contacting Ken Moller Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Legacy Reserves Operating LP Docket No 2017-0970-AIR-E on January 30 2018 assessing $4500 in administrative penalties with $900 deferred Information concerning any aspect of this order may be obtained by contacting Jo Hunsberger Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding Reliant Processing Group LLC Docket No 2017-1014-IWD-E on January 30 2018 assessing $5625 in administrative penalties with $1125 deferred Information concern-ing any aspect of this order may be obtained by contacting Sandra Dou-glas Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding CIRCLE K STORES INC dba CIRCLE K 2704034 Docket No 2017-1191-PST-E on January 30 2018 assessing $7500 in administrative penalties with $1500 deferred Information concerning any aspect of this order may be obtained by contacting Austin Henck Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SBE ENTERPRISES INC dba Ekko Fuels and Oil Docket No 2017-1213-PST-E on January 30 2018 assessing $1736 in administrative penalties with $347 deferred Information concerning any aspect of this order may be obtained by contacting Carlos Molina Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087

An agreed order was adopted regarding SUNSHINE FOOD MART INC dba Sunshine Food Mart Docket No 2017-1237-PST-E on January 30 2018 assessing $3750 in administrative penalties with $750 deferred Information concerning any aspect of this order may be obtained by contacting Caleb Olson Enforcement Coordinator at (512) 239-2545 Texas Commission on Environmental Quality PO Box 13087 Austin Texas 78711-3087 TRD-201800401 Bridget C Bohac Chief Clerk Texas Commission on Environmental Quality Filed January 31 2018

diams diams diams Notice of a Proposed Renewal with Amendment of General Permit TXG830000 Authorizing the Discharge of Wastewater The Texas Commission on Environmental Quality (TCEQ or commis-sion) is proposing to renew and amend Texas Pollutant Discharge Elim-ination System General Permit TXG830000 This general permit au-thorizes the discharge of water contaminated by petroleum substances into or adjacent to water in the state The proposed general permit ap-plies to the entire state of Texas General permits are authorized by Texas Water Code sect26040

PROPOSED GENERAL PERMIT The executive director has pre-pared a draft general permit renewal with amendments of an existing general permit that authorizes the discharge of water contaminated by petroleum substances into or adjacent to water in the state No significant degradation of high quality waters is expected and existing uses will be maintained and protected The executive director proposes

to require certain dischargers to submit a Notice of Intent to obtain authorization to discharge

The executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) according to Coastal Coordination Advisory Committee regulations and has determined that the action is consistent with applicable CMP goals and policies

A copy of the proposed general permit and fact sheet are available for viewing and copying at the TCEQ Office of the Chief Clerk located at the TCEQ Austin office at 12100 Park 35 Circle Building F These documents are also available at the TCEQs 16 regional offices and on the TCEQ website at httpwwwtceqtexasgovpermittingwaste-watergeneralindexhtml

PUBLIC COMMENTPUBLIC MEETING You may submit public comments or request a public meeting about this proposed general per-mit The purpose of a public meeting is to provide the opportunity to submit written or oral comment or to ask questions about the proposed general permit Generally the TCEQ will hold a public meeting if the executive director determines that there is a significant degree of public interest in the proposed general permit or if requested by a state legis-lator A public meeting is not a contested case hearing

Written public comments must be received by the Office of the Chief Clerk MC 105 TCEQ PO Box 13087 Austin Texas 78711-3087 or electronically at wwwtceqtexasgovaboutcommentshtml within 30 days from the date this notice is published

APPROVAL PROCESS After the comment period the executive di-rector will consider all the public comments and prepare a written re-sponse The response will be filed with the TCEQ Office of the Chief Clerk at least 10 days before the scheduled commission meeting when the commission will consider approval of the general permit The com-mission will consider all public comment in making its decision and will either adopt the executive directors response or prepare its own response The commission will issue its written response on the gen-eral permit at the same time the commission issues or denies the gen-eral permit A copy of any issued general permit and response to com-ments will be made available to the public for inspection at the agencys Austin office and regional offices A notice of the commissioners ac-tion on the proposed general permit and a copy of its response to com-ments will be mailed to each person who submitted a comment Also a notice of the commissions action on the proposed general permit and the text of its response to comments will be published in the Texas Reg-ister

MAILING LISTS In addition to submitting public comments you may ask to be placed on a mailing list to receive future public notices mailed by the TCEQ Office of the Chief Clerk You may request to be added to 1) the mailing list for this specific general permit 2) the permanent mailing list for a specific county or 3) both Clearly specify the mailing lists to which you wish to be added and send your request to the TCEQ Office of the Chief Clerk at the address previously mentioned Unless you otherwise specify you will be included only on the mailing list for this specific general permit

INFORMATION If you need more information about this general per-mit or the permitting process please call the TCEQ Public Education Program toll free at (800) 687-4040 General information about the TCEQ can be found at our website at httpwwwtceqtexasgov

Further information may also be obtained by calling Laurie Fleet TCEQ Water Quality Division at (512) 239-5445

Si desea informacioacuten en espantildeol puede llamar (800) 687-4040 TRD-201800344

IN ADDITION February 9 2018 43 TexReg 797

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Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 26 2018

diams diams diams Notice of Opportunity to Comment on a Default Order of Administrative Enforcement Actions The Texas Commission on Environmental Quality (TCEQ or commis-sion) staff is providing an opportunity for written public comment on the listed Default Order (DO) The commission staff proposes a DO when the staff has sent the Executive Directors Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations the pro-posed penalty the proposed technical requirements necessary to bring the entity back into compliance and the entity fails to request a hear-ing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing Similar to the proce-dure followed with respect to Agreed Orders entered into by the execu-tive director of the commission in accordance with Texas Water Code (TWC) sect7075 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 March 13 2018 The commission will consider any writ-ten comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate improper inadequate or inconsistent with the requirements of the statutes and rules within the commissions jurisdiction or the commissions orders and permits issued in accordance with the commissions regulatory au-thority Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written com-ments

A copy of the proposed DO is available for public inspection at both the commissions central office located at 12100 Park 35 Circle Building A 3rd Floor Austin Texas 78753 (512) 239-3400 and at the appli-cable regional office listed as follows Written comments about the DO should be sent to the attorney designated for the DO at the com-missions central office at PO Box 13087 MC 175 Austin Texas 78711-3087 and must be received by 500 pm on March 13 2018 Comments may also be sent by facsimile machine to the attorney at (512) 239-3434 The commissions attorney is available to discuss the DO andor the comment procedure at the listed phone number how-ever TWC sect7075 provides that comments on the DO shall be submit-ted to the commission in writing

(1) COMPANY Justin Vincent DOCKET NUMBER 2017-0818-LII-E TCEQ ID NUMBER RN109698712 LOCATION On-alaska Polk County (Facility) and 7421 Teaswood Drive Conroe Montgomery County TYPE OF FACILITY business RULES VIO-LATED TWC sect37003 Texas Occupations Code sect1903251 and 30 TAC sect305(a) by failing to hold an irrigator license prior to selling designing consulting installing altering repairing or servicing an irrigation system PENALTY $948 STAFF ATTORNEY Audrey Liter Litigation Division MC 175 (512) 239-0684 REGIONAL OF-FICE Beaumont Regional Office 3870 Eastex Freeway Beaumont Texas 77703-1830 (409) 898-3838 TRD-201800377 Charmaine Backens Director Litigation Division Texas Commission on Environmental Quality Filed January 30 2018

Notice of Opportunity to Comment on Agreed Orders of Administrative Enforcement Actions The Texas Commission on Environmental Quality (TCEQ agency or commission) staff is providing an opportunity for written public com-ment on the listed Agreed Orders (AOs) in accordance with Texas Wa-ter Code (TWC) sect7075 TWC sect7075 requires that before the com-mission may approve the AOs the commission shall allow the pub-lic an opportunity to submit written comments on the proposed AOs TWC sect7075 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 March 13 2018 TWC sect7075 also requires that the commission promptly consider any written comments received and that the com-mission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropri-ate improper inadequate or inconsistent with the requirements of the statutes and rules within the commissions jurisdiction or the commis-sions orders and permits issued in accordance with the commissions regulatory authority Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments

A copy of each proposed AO is available for public inspection at both the commissions central office located at 12100 Park 35 Circle Build-ing A 3rd Floor Austin Texas 78753 (512) 239 3400 and at the ap-plicable regional office listed as follows Written comments about an AO should be sent to the attorney designated for the AO at the commis-sions central office at PO Box 13087 MC 175 Austin Texas 78711 3087 and must be received by 500 pm on March 13 2018 Com-ments may also be sent by facsimile machine to the attorney at (512) 239-3434 The designated attorneys are available to discuss the AOs andor the comment procedure at the listed phone numbers however TWC sect7075 provides that comments on an AO shall be submitted to the commission in writing

(1) COMPANY ASHEVILLE ENTERPRISES INC dba Mr Ts Convenience Store DOCKET NUMBER 2017-1163-PST-E TCEQ ID NUMBER RN101998573 LOCATION 6808 Bowman Springs Road Arlington Tarrant County TYPE OF FACILITY underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) PENALTY $3750 STAFF ATTORNEY Joey Washburn Litigation Division MC 175 (512) 239-1297 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(2) COMPANY City of White Settlement DOCKET NUMBER 2017-0676-PWS-E TCEQ ID NUMBER RN101390292 LOCA-TION 214 Meadow Park Drive White Settlement Tarrant County TYPE OF FACILITY public water system RULES VIOLATED 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required sample sites have the samples analyzed and report the results to the executive director (ED) and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples 30 TAC sect290271(b) and sect290274(a) and (c) by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year and failing to submit to the TCEQ by July 1st of each year a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with the compliance monitoring data and 30 TAC sect290122(c)(2)(A) and (f) by failing

43 TexReg 798 February 9 2018 Texas Register

to provide public notification and submit a copy of the notification to the ED regarding the failure to submit a Disinfectant Level Quarterly Operating Report PENALTY $1950 STAFF ATTORNEY Adam Taylor Litigation Division MC 175 (512) 239-3345 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(3) COMPANY GUL ENTERPRISES LLC dba Texaco Corner DOCKET NUMBER 2016-0591-PST-E TCEQ ID NUMBER RN102352911 LOCATION 2700 East 5th Street Tyler Smith County TYPE OF FACILITY underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) PENALTY $4500 STAFF ATTORNEY Amanda Patel Litigation Division MC 175 (512) 239-3990 REGIONAL OFFICE Tyler Regional Office 2916 Teague Drive Tyler Texas 75701-3734 (903) 535-5100

(4) COMPANY Howard C Bigham Jr dba Key Mobile Home Park DOCKET NUMBER 2017-0571-PWS-E TCEQ ID NUMBER RN101246262 LOCATION 2116 Tuscola Avenue near Snyder Scurry County TYPE OF FACILITY public water system RULES VIOLATED 30 TAC sect290110(e)(4)(A) and (f)(3) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2dii by failing to submit a Disinfectant Level Quarterly Oper-ating Report (DLQOR) to the executive director (ED) 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2di by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED 30 TAC sect290117(c)(2)(A) (h) and (i)(1) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2di by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED 30 TAC sect290117(i)(6) and (j) by failing to mail consumer notification of lead tap water monitoring results to persons served at the locations that were sampled and failing to submit to the TCEQ a copy of the consumer notification and certification that the consumer notification had been distributed to the persons served at the locations in a manner consistent with TCEQ requirements 30 TAC sect290271(b) and sect290274(a) and (c) by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st for each year and failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ 30 TAC sect290122(c)(2)(A) and (f) by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a DLQOR to the ED and the failure to collect lead and copper tap samples 30 TAC sect29046(f)(2) (3)(A)(i)(III) (ii)(III) and (B)(iii) and TCEQ Order Docket Number 2015-0103-PWS-E Ordering Pro-vision Number 2a by failing to maintain water works operation and maintenance records and make them readily available to commission personnel upon request 30 TAC sect29044(i) and TCEQ Order Docket Number 2015-0103-PWS-E Ordering Provision Number 2c by failing to obtain an approval from the ED prior to supplying drinking water distributed by a tanker truck or trailer to persons served by the facility 30 TAC sect29046(i) by failing to adopt an adequate plumbing ordinance regulations or service agreement with provisions for proper enforcement to ensure that neither cross-connection nor other unacceptable plumbing practices are permitted 30 TAC sect29046(z) by failing to create a nitrification action plan for a system distributing chloraminated water 30 TAC sect29042(e)(3)(G) by failing to obtain

an exception in accordance with 30 TAC sect29039(l) prior to blending water containing chloramines and water containing free chlorine 30 TAC sect29046(f)(2) (3)(B)(iv) and (D)(ii) by failing to maintain water works operation and maintenance records and make them readily available to commission personnel upon request and Texas Health and Safety Code sect3410315(c) and 30 TAC sect29046(d)(2)(B) and sect290110(b)(4) by failing to maintain a disinfectant residual of at least 05 milligrams per liter of chloramine (measured as total chlorine) throughout the distribution system at all times PENALTY $3614 STAFF ATTORNEY Ian Groetsch Litigation Division MC 175 (512) 239-2225 REGIONAL OFFICE Abilene Regional Office 1977 Industrial Boulevard Abilene Texas 79602-7833 (325) 698-9674

(5) COMPANY ICR Energy LLC dba Bitters Road Express Grocery amp Dry Cleaners DOCKET NUMBER 2016-2093-MLM-E TCEQ ID NUMBER RN102980265 LOCATION 1005 West Bitters Road San Antonio Bexar County TYPE OF FACILITY dry cleaning drop station underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED Texas Health and Safety Code sect374102(a) and 30 TAC sect33710(a)(1) and (2) by failing to complete and submit the required registration form to the TCEQ for a dry cleaning facility andor drop station facility TWC sect263475(a) and 30 TAC sect33450(b)(1)(A) by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(c)(1) and 30 TAC sect33450(b)(2)(A)(i)(III) by failing to provide release detection for the pressurized piping associated with the UST system 30 TAC sect3348(c)(4)(A)(vii) and (5)(B)(ii) by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date TWC sect263467(a) and 30 TAC sect3348(c)(5)(A)(i) by failing to make available to a common carrier a valid current TCEQ delivery certificate before accepting delivery of a regulated substance into the UST 30 TAC sect3348(c)(5)(C) by failing to ensure that a legible tag label or marking with the UST identifica-tion 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 according to the UST registration and self-certification form TWC sect263475(c)(2) and 30 TAC sect33442(i) by failing to inspect all sumps including dispenser sumps manways overspill containers or catchment basins associated with a UST system at least once every 60 days to ensure that their sides bottoms and any penetration points are maintained liquid tight and free of any liquid or debris and 30 TAC sect37815(a) and (b) by failing to demonstrate acceptable financial as-surance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs PENALTY $18440 STAFF ATTORNEY Amanda Patel Litigation Division MC 175 (512) 239-3990 REGIONAL OFFICE San Antonio Regional Office 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096

(6) COMPANY RIJAL TRADERS INC dba Mercado Food amp Fuels DOCKET NUMBER 2016-0136-PST-E TCEQ ID NUM-BER RN102978657 LOCATION 301 East Avenue G Conroe Montgomery County TYPE OF FACILITY underground stor-age tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(a) and 30 TAC sect33450(b)(2)(A)(i)(III) by failing to test the line leak detectors at least once per year for performance and operational reliability TWC sect263475(a) and 30 TAC sect33450(b)(2)(A)(ii) by failing to provide release detection for the pressurized piping associated with the UST system and 30 TAC sect33450(d)(1)(B) by failing to conduct inventory

IN ADDITION February 9 2018 43 TexReg 799

control procedures including volume measurement reconciliation of detailed inventory control records at least once a month in a manner sufficiently accurate to detect a release which equals or exceeds the sum of 10 of the total substance flow through for the month plus 130 gallons PENALTY $5607 STAFF ATTORNEY Ian Groetsch Litigation Division MC 175 (512) 239-2225 REGIONAL OFFICE Houston Regional Office 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(7) COMPANY SEMINOLE VENTURES LLC dba Alsbury Food Mart DOCKET NUMBER 2017-0644-PST-E TCEQ ID NUMBER RN102021508 LOCATION 776 Northeast Alsbury Boulevard Burleson Tarrant County TYPE OF FACILITY underground stor-age tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(d) and 30 TAC sect33449(a)(4) by failing to provide corrosion protection for the UST system and 30 TAC sect33410(b) and 30 TAC sect33451(c)(1) by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel PENALTY $7313 STAFF AT-TORNEY Isaac Ta Litigation Division MC 175 (512) 239-0683 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800 TRD-201800376 Charmaine Backens Director Litigation Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Notice of Public Hearing on Proposed Revisions The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revi-sions to 30 TAC Chapter 305 Consolidated Permits sect305541 under the requirements of Texas Government Code Chapter 2001 Subchap-ter B

The proposed rulemaking would amend sect305541 to adopt by refer-ence 40 Code of Federal Regulations Part 441 as published on June 14 2017 in the Federal Register (82 FedReg 27154 - 27178) and mi-nor corrections to the rule that were published in the Federal Register on June 26 2017 and July 5 2017 (82 FedReg 28777 82 FedReg 30997) The proposed rulemaking would also adopt by reference the United States Environmental Protection Agencys Effluent Limitations Guidelines and Standards for the Dental Category

The commission will hold a public hearing on this proposal in Austin on March 8 2018 at 200 pm in Building E Room 201S at the com-missions central office located at 12100 Park 35 Circle The hearing is structured for the receipt of oral or written comments by interested persons Individuals may present oral statements when called upon in order of registration Open discussion will not be permitted during the hearing however commission staff members will be available to dis-cuss the proposal 30 minutes prior to the hearing

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

Written comments may be submitted to Ms Kris Hogan MC 205 Office of Legal Services Texas Commission on Environ-mental Quality PO Box 13087 Austin Texas 78711-3087 or

faxed to (512) 239-4808 Electronic comments may be submitted at httpwww1tceqtexasgovrulesecomments File size restric-tions may apply to comments being submitted via the eComments system All comments should reference Rule Project Number 2017-009-305-OW The comment period closes on March 12 2018 Copies of the proposed rulemaking can be obtained from the commis-sions website at httpwwwtceqtexasgovrulespropose_adopthtml For further information please contact Laurie Fleet Wastewater Permitting Section at (512) 239-5445 TRD-201800346 Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 26 2018

diams diams diams Notice of Water Rights Application

Notices issued January 25 2018

APPLICATION NO 13340 The City of Wichita Falls 600 11th Street Room 209 Wichita Falls Texas 76301 Applicant seeks a temporary water use permit to divert and use not to exceed 20 acre-feet of wa-ter over a two-year period from Plum Creek at a maximum diversion rate of 022 cfs (100 gpm) for agricultural purposes in Wichita County The application and fees were received on September 23 2016 Ad-ditional information and fees were received on April 28 2017 The application was declared administratively complete and filed with the Office of the Chief Clerk on June 22 2017 The Executive Director completed the technical review of the application and prepared a draft permit The draft permit if granted would include special conditions including but not limited to installing a measuring device for diver-sions The application technical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 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 by February 9 2018

APPLICATION NO 13419 Magellan Terminals Holdings LP One Williams Center OTC-8 Tulsa Oklahoma 74172 Applicant seeks a temporary water use permit to divert and use not to exceed 200 acre-feet of water within a period of three years from a point on Buffalo Bayou (Houston Ship Channel) San Jacinto River Basin for industrial pur-poses in Harris County The application and fees were received on August 14 2017 Additional information and fees were received on September 21 and September 26 2017 The application was declared administratively complete and filed with the Office of the Chief Clerk on October 24 2017 The Executive Director completed the technical review of the application and prepared a draft permit The draft permit if granted would include special conditions including but not limited to installing a measuring device for diversions The application tech-nical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 78753 Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below by February 9 2018

APPLICATION NO 18-2445A Camp Mystic Inc Route 2 Box 257 Hunt Texas 78024 Applicant seeks to amend Certificate of Adjudi-cation No 18-2445 to authorize an existing dam and reservoir with a capacity of 15 acre-feet on Cypress Creek Guadalupe River Basin for recreational purposes in Kerr County The application does not re-quest a new appropriation of water or to increase the amount of water

43 TexReg 800 February 9 2018 Texas Register

diams diams diams

authorized to be stored taken or diverted The application and partial fees were received on April 28 2015 Additional information and fees were received on October 5 and October 27 2016 and June 23 2017 The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on July 12 2017 The Ex-ecutive Director has completed the technical review of the application and prepared a draft amendment The amendment if granted would include special conditions including but not limited to maintaining the reservoir full at all time with an alternate source of water The ap-plication technical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 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 sec-tion below within 30 days of the date of newspaper publication of the notice

To view the complete issued notice view the notice on our website at wwwtceqtexasgovagencyccpub_noticehtml or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete no-tice 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 con-tested 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) applicants name and permit number (3) the statement [Iwe] 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 applica-tion 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 re-quested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Com-mission 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 PO Box 13087 Austin Texas 78711-3087 For infor-mation concerning the hearing process please contact the Public Inter-est Counsel MC 103 at the same address For additional information individual members of the general public may contact the Public Edu-cation Program at (800) 687-4040 General information regarding the TCEQ can be found at our website at wwwtceqtexasgov Si desea informacioacuten en espantildeol puede llamar al (800) 687-4040 TRD-201800402 Bridget C Bohac Chief Clerk Texas Commission on Environmental Quality Filed January 31 2018

diams diams diams Update to the Water Quality Management Plan

The Texas Commission on Environmental Quality (TCEQ or commis-sion) requests comments from the public on the draft January 2018 Up-date to the WQMP for the State of Texas

Download the draft January 2018 WQMP Update at httpswwwtceqtexasgovpermittingwqmpWQmanagement_up-dateshtml or view a printed copy at the TCEQ Library Building A 12100 Park 35 Circle Austin Texas

The WQMP is developed and promulgated in accordance with the re-quirements of Federal Clean Water Act sect208 The draft update in-cludes projected effluent limits of specific domestic dischargers which may be useful for planning in future permit actions The draft update may also contain service area populations for listed wastewater treat-ment facilities designated management agency information and total maximum daily load (TMDL) revisions

Once the commission certifies a WQMP update it is submitted to the United States Environmental Protection Agency (EPA) for approval For some Texas Pollutant Discharge Elimination System (TPDES) per-mits the EPAs approval of a corresponding WQMP update is a neces-sary precondition to TPDES permit issuance by the commission

Deadline

All comments must be received at the TCEQ no later than 500 pm on March 12 2018

How to Submit Comments

Comments must be submitted in writing to

Nancy Vignali

Texas Commission on Environmental Quality

Water Quality Division MC 150

PO Box 13087

Austin Texas 78711-3087

Comments may also be faxed to (512) 239-4420 but must be followed up with written comments by mail within three working days of the fax date or by the comment deadline whichever is sooner

For further information or questions please contact Ms Vignali at (512) 239-1303 or by email at NancyVignalitceqtexasgov TRD-201800378 Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Texas Ethics Commission List of Late Filers Below is a list from the Texas Ethics Commission naming the filers who failed to pay the penalty fine for failure to file the report or filing a late report in reference to the specified filing deadline If you have any questions you may contact Jennifer Griggs at (512) 463-5800

Deadline Personal Financial Statement due October 23 2017

00081802 - Michael Dokupil 4212 San Felipe Suite 410 Houston Texas 77027

TRD-201800306 Seana Willing Executive Director Texas Ethics Commission Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 801

Texas Lottery Commission Scratch Ticket Game Number 2071 Lucky Dog 10 Name and Style of Scratch Ticket Game

A The name of Scratch Ticket Game No 2071 is LUCKY DOG The play style is key symbol match

11 Price of Scratch Ticket Game

A The price for Scratch Ticket Game No 2071 shall be $100 per Scratch Ticket

12 Definitions in Scratch Ticket Game No 2071

A Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear

B Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket

C Play Symbol- The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize Each

Play Symbol is printed in Symbol font in black ink in positive except for dual-image games The possible black Play Symbols are

MAX PLAY SYMBOL CHARLIE PLAY SYMBOL COCO PLAY SYMBOL SPOT PLAY SYMBOL RUSS PLAY SYMBOL JACK PLAY SYMBOL FIDO PLAY SYMBOL MOLLY PLAY SYMBOL BRUCE PLAY SYMBOL ROCKY PLAY SYMBOL LOLA PLAY SYMBOL ROVER PLAY SYMBOL BUDDY PLAY SYMBOL DUKE PLAY SYMBOL SPIKE PLAY SYMBOL SOPHIE PLAY SYMBOL BUSTER PLAY SYBMOL RUFUS PLAY SYMBOL DINO PLAY SYMBOL SADIE PLAY SYMBOL GINGER PLAY SYMBOL BAILEY PLAY SYMBOL $1 $2 $5 $10 $20 $50 $100 and $500

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

43 TexReg 802 February 9 2018 Texas Register

IN ADDITION February 9 2018 43 TexReg 803

E Serial Number- A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket The Serial Number is for validation purposes and cannot be used to play the game The format will be 0000000000000

F Bar Code - A 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 Scratch Ticket number and the ten (10) digit Validation Number The Bar Code appears on the back of the Scratch Ticket

G Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2071) a seven (7) digit Pack number and a three (3) digit Scratch Ticket number Scratch Ticket numbers start with 001 and end with 150 within each Pack The format will be 2071-0000001-001

H Pack - A Pack of the LUCKY DOG Scratch Ticket Game contains 150 Tickets packed in plastic shrink-wrapping and fanfolded in pages of five (5) Tickets 001 to 005 will be on the top page Tickets 006 to 010 on the next page etc and Tickets 146 to 150 will be on the last page with backs exposed Ticket 001 will be folded over so the front of Ticket 001 and 010 will be exposed

I Non-Winning Scratch Ticket - A Scratch Ticket which is not pro-grammed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures the State Lottery Act (Texas Government Code Chapter 466) and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401

J Scratch Ticket Game Scratch Ticket or Ticket - Texas Lottery LUCKY DOG Scratch Ticket Game No 2071

20 Determination of Prize Winners The determination of prize win-ners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401302 Scratch Ticket Game Rules these Game Procedures and the requirements set out on the back of each Scratch Ticket A prize winner in the LUCKY DOG Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 8 (eight) Play Symbols If a player matches any of the YOUR DOGS Play Symbols to the WINNING DOG Play Symbol the player wins the PRIZE for that dog No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket

21 Scratch Ticket Validation Requirements

A To be a valid Scratch Ticket all of the following requirements must be met

1 Exactly 8 (eight) Play Symbols must appear under the Latex Over-print on the front portion of the Scratch Ticket

2 Each of the Play Symbols must have a Play Symbol Caption under-neath unless specified and each Play Symbol must agree with its Play Symbol Caption

3 Each of the Play Symbols must be present in its entirety and be fully legible

4 Each of the Play Symbols must be printed in black ink except for dual image games

5 The Scratch Ticket shall be intact

6 The Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be present in their entirety and be fully legible

7 The Serial Number must correspond using the Texas Lotterys codes to the Play Symbols on the Scratch Ticket

8 The Scratch Ticket must not have a hole punched through it be mutilated altered unreadable reconstituted or tampered with in any manner

9 The Scratch Ticket must not be counterfeit in whole or in part

10 The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner

11 The Scratch Ticket must not have been stolen nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery

12 The Play Symbols Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be right side up and not reversed in any manner

13 The Scratch Ticket must be complete and not miscut and have exactly 8 (eight) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket exactly one Serial Number exactly one Retailer Validation Code and exactly one Pack-Scratch Ticket Number on the Scratch Ticket

14 The Serial Number of an apparent winning Scratch Ticket shall cor-respond with the Texas Lotterys Serial Numbers for winning Scratch Tickets and a Scratch Ticket with that Serial Number shall not have been paid previously

15 The Scratch Ticket must not be blank or partially blank misregis-tered defective or printed or produced in error

16 Each of the 8 (eight) Play Symbols must be exactly one of those described in Section 12C of these Game Procedures

17 Each of the 8 (eight) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery

18 The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery and

19 The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines

B The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures the Texas Lotterys Rules governing the award of prizes of the amount to be validated and any confidential validation and security tests of the Texas Lottery

C Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid However the Executive Director may solely at the Executive Directors discretion refund the retail sales price of the Scratch Ticket In the event a de-fective Scratch Ticket is purchased the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket solely at the Executive Directors discretion

22 Programmed Game Parameters

A Consecutive Non-Winning Tickets within a Pack will not have matching patterns in the same order of either Play Symbols or Prize Symbols

43 TexReg 804 February 9 2018 Texas Register

B The top Prize Symbol will appear on every Ticket unless restricted by other parameters play action or prize structure

C No matching non-winning YOUR DOGS Play Symbols on a Ticket

D A non-winning Prize Symbol will never match a winning Prize Sym-bol

E No matching non-winning Prize Symbols on a Ticket unless re-stricted by other parameters play action or prize structure

23 Procedure for Claiming Prizes

A To claim a LUCKY DOG Scratch Ticket Game prize of $100 $200 $500 $1000 $2000 $5000 $100 or $500 a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer The Texas Lottery Retailer shall verify the claim and if valid and upon presentation of proper identification if appropriate make payment of the amount due the claimant and physically void the Scratch Ticket provided that the Texas Lottery Retailer may but is not required to pay a $5000 $100 or $500 Scratch Ticket Game In the event the Texas Lottery Retailer cannot verify the claim the Texas Lottery Retailer shall provide the claimant with a claim form and in-struct 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 23B of these Game Procedures

B As an alternative method of claiming a LUCKY DOG Scratch Ticket Game prize the claimant must sign the winning Scratch Ticket thoroughly complete a claim form and mail both to Texas Lottery Commission PO Box 16600 Austin Texas 78761-6600 The Texas Lottery is not responsible for Scratch Tickets lost in the mail In the event that the claim is not validated by the Texas Lottery the claim shall be denied and the claimant shall be notified promptly

C Prior to payment by the Texas Lottery of any prize the Texas Lottery shall deduct

1 A sufficient amount from the winnings of a prize winner who has been finally determined to be

a delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code sect403055

b in default on a loan made under Chapter 52 Education Code or

c in default on a loan guaranteed under Chapter 57 Education Code and

2 delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231 Family Code

D If a person is indebted or owes delinquent taxes to the State other than those specified in the preceding paragraph the winnings of a per-son shall be withheld until the debt or taxes are paid

24 Allowance for Delay of Payment The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director under any of the following circumstances

A if a dispute occurs or it appears likely that a dispute may occur regarding the prize

B if there is any question regarding the identity of the claimant

C if there is any question regarding the validity of the Scratch Ticket presented for payment or

D if the claim is subject to any deduction from the payment otherwise due as described in Section 23C of these Game Procedures No liabil-ity for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim

25 Payment of Prizes to Persons Under 18 If a person under the age of 18 years is entitled to a cash prize under $600 from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deliver to an adult member of the minors family or the minors guardian a check or war-rant in the amount of the prize payable to the order of the minor

26 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deposit the amount of the prize in a custodial bank account with an adult member of the minors family or the minors guardian serving as custodian for the minor

27 Scratch Ticket Claim Period All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military person-nel as set forth in Texas Government Code sect466408 Any rights to a prize that is not claimed within that period and in the manner specified in these Game Procedures and on the back of each Scratch Ticket shall be forfeited

28 Disclaimer The number of prizes in a game is approximate based on the number of Scratch Tickets ordered The number of actual prizes available in a game may vary based on number of Scratch Tickets man-ufactured testing distribution sales and number of prizes claimed A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed

30 Scratch Ticket Ownership

A Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket When a signature is placed on the back of the Scratch Ticket in the space designated the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto Notwithstanding any name or names submitted on a claim form the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated If more than one name appears on the back of the Scratch Ticket the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment

B The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket

40 Number and Value of Scratch Ticket Prizes There will be approx-imately 9120000 Scratch Tickets in Scratch Ticket Game No 2071 The approximate number and value of prizes in the game are as fol-lows

IN ADDITION February 9 2018 43 TexReg 805

A The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission

50 End of the Scratch Ticket Game The Executive Director may at any time announce a closing date (end date) for the Scratch Ticket Game No 2071 without advance notice at which point no further Scratch Tickets in that game may be sold The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Scratch Ticket Game Rules See 16 TAC sect401302(j)

60 Governing Law In purchasing a Scratch Ticket the player agrees to comply with and abide by these Game Procedures for Scratch Ticket Game No 2071 the State Lottery Act (Texas Government Code Chap-ter 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-201800382 Bob Biard General Counsel Texas Lottery Commission Filed January 30 2018

diams diams diams Public Utility Commission of Texas Major Consulting Services Contract RFP No 473-17-00005 Project No 47410

Contract No 473-17-00005 for a financial audit of the Texas Universal Service Fund and internal control audit of the Texas Universal Service Fund Administrator

Consultant

Hurlbert CPA LLC

PO Box 615

Liberty MO 64063

Contract No 473-17-00005 expires April 30 2021

Compensation $159000

Contractor will submit a draft audit for FY 2017 by March 15 2018 and a final audit by May 15 2018

For FY 2018 2019 2020 - Draft audit due by the last working day in January following the close of the fiscal year audited Final audit due by the last working day in March following the close of the fiscal year audited

Public Utility Commission of Texas

1701 N Congress Avenue

Austin TX 78711

Point of contact jaystonepuctexasgov

Publication in Texas Register after entering into major consulting ser-vices contract required by Texas Government Code sect2254030 TRD-201800380

43 TexReg 806 February 9 2018 Texas Register

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Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Service Provider Certificate of Operating Authority

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 29 2018 in accordance with Public Utility Regulatory Act sectsect54151 - 54156

Docket Title and Number Application of Aeon Communications LLC for an Amendment to its Service Provider Certificate of Operating Au-thority Docket Number 47993

Applicant seeks to amend service provider certificate of operating au-thority number 60882 to reflect discontinuation of certain telecommu-nications services and to permanently withdraw from offering any ser-vices in the State of Texas

Persons wishing to comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than February 23 2018 Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47993 TRD-201800391 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 24 2018 to amend certificates of convenience and necessity in Medina County

Docket Style and Number Application of the City of Castroville to Amend its Water Certificate of Convenience and Necessity and to De-certify a Portion of New Alsace Water Supply Corporations Service Area in Medina County Docket Number 47985

The Application The City of Castroville filed an application to amend its water certificate of convenience and necessity (CCN) No 10218 and to decertify a portion of New Alsace Water Supply Corporations service area under CCN No 12558 in Medina County The total area being requested includes approximately 7 acres and no current cus-tomers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47985 TRD-201800384 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

Notice of Application to Amend Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Util-ity Commission of Texas on January 17 2018 to amend a certificate of convenience and necessity (CCN) in Hays County

Docket Style and Number Application of the City of Dripping Springs to Amend a Water Certificate of Convenience and Necessity in Hays County Docket Number 47957

The Application The City of Dripping Springs filed an application to amend its water CCN No 13030 to add service area in Hays County The total area being requested includes approximately 522 acres and zero current customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47957 TRD-201800386 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend Water Certificates of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Com-mission of Texas (commission) on January 23 2018 of an applica-tion to amend water certificates of convenience and necessity (CCN) in Rockwall and Kaufman Counties

Docket Style and Number Application of the City of Heath to Amend a Water Certificate of Convenience and Necessity Under Water Code sect13255 and to Decertify a Portion of Forney Lake Water Supply Cor-porations Service Area in Rockwall and Kaufman Counties Docket Number 47979

The Application The City of Heath filed an application to amend water CCN No 12060 to provide water service to the Forney Lake Water Supply Corporations (FLWS) CCN area and to decertify a portion of the FLWS CCN No 10086 in Rockwall and Kaufman Counties The total area being removed from CCN No 10086 includes approximately 2600 acres and 839 customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47979 TRD-201800330 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 807

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Texas Racing Commission Notice of Deadline Pursuant to sect313 of the Texas Racing Act Texas Revised Civil Statutes Ann Art 179e and Title 16 Texas Administrative Code sect309299 the Executive Director for the Texas Racing Commission provides notice that Monday March 1 2018 is the deadline to request Commission recognition as the horsemens representative organization

Section 313 of the Texas Racing Act authorizes the Commission to recognize an organization to represent members of a segment of the racing industry including owners breeders trainers kennel operators and other persons involved in the racing industry In 16 TAC sect309299 the Commission has adopted criteria for being recognized as the organ-ization to represent horse owners and trainers This organization will be responsible for negotiating with each licensed racetrack regarding the racetracks live racing programs including but not limited to the allocation of purse money to various live races the exporting of simul-cast signals and the importing of simulcast signals during live race meetings

To be eligible for recognition as the horsemens representative organi-zation each officer and director of the organization during the two-year

term of the recognition must be licensed by the Commission as an owner or trainer The Commission will also review the experience and qualifications of the organizations directors executive officers and management personnel the organizations benevolence programs and the degree to which the organizations membership represents a fair and equitable cross-section of the horse owners and trainers participating at each of the racetracks in this state The organization is subject to audit by the Texas Racing Commission

To request recognition an organization must file a written request on a form prescribed by the Executive Director To obtain a copy of the form or for more information interested persons should contact Devon Bi-jansky General Counsel Texas Racing Commission PO Box 12080 Austin Texas 78711-2080 (512) 833-6699 FAX (512) 833-6907 TRD-201800304 Devon Bijansky General Counsel Texas Racing Commission Filed January 24 2018

43 TexReg 808 February 9 2018 Texas Register

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Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 26 2018

diams diams diams Notice of Opportunity to Comment on a Default Order of Administrative Enforcement Actions The Texas Commission on Environmental Quality (TCEQ or commis-sion) staff is providing an opportunity for written public comment on the listed Default Order (DO) The commission staff proposes a DO when the staff has sent the Executive Directors Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations the pro-posed penalty the proposed technical requirements necessary to bring the entity back into compliance and the entity fails to request a hear-ing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing Similar to the proce-dure followed with respect to Agreed Orders entered into by the execu-tive director of the commission in accordance with Texas Water Code (TWC) sect7075 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 March 13 2018 The commission will consider any writ-ten comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate improper inadequate or inconsistent with the requirements of the statutes and rules within the commissions jurisdiction or the commissions orders and permits issued in accordance with the commissions regulatory au-thority Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written com-ments

A copy of the proposed DO is available for public inspection at both the commissions central office located at 12100 Park 35 Circle Building A 3rd Floor Austin Texas 78753 (512) 239-3400 and at the appli-cable regional office listed as follows Written comments about the DO should be sent to the attorney designated for the DO at the com-missions central office at PO Box 13087 MC 175 Austin Texas 78711-3087 and must be received by 500 pm on March 13 2018 Comments may also be sent by facsimile machine to the attorney at (512) 239-3434 The commissions attorney is available to discuss the DO andor the comment procedure at the listed phone number how-ever TWC sect7075 provides that comments on the DO shall be submit-ted to the commission in writing

(1) COMPANY Justin Vincent DOCKET NUMBER 2017-0818-LII-E TCEQ ID NUMBER RN109698712 LOCATION On-alaska Polk County (Facility) and 7421 Teaswood Drive Conroe Montgomery County TYPE OF FACILITY business RULES VIO-LATED TWC sect37003 Texas Occupations Code sect1903251 and 30 TAC sect305(a) by failing to hold an irrigator license prior to selling designing consulting installing altering repairing or servicing an irrigation system PENALTY $948 STAFF ATTORNEY Audrey Liter Litigation Division MC 175 (512) 239-0684 REGIONAL OF-FICE Beaumont Regional Office 3870 Eastex Freeway Beaumont Texas 77703-1830 (409) 898-3838 TRD-201800377 Charmaine Backens Director Litigation Division Texas Commission on Environmental Quality Filed January 30 2018

Notice of Opportunity to Comment on Agreed Orders of Administrative Enforcement Actions The Texas Commission on Environmental Quality (TCEQ agency or commission) staff is providing an opportunity for written public com-ment on the listed Agreed Orders (AOs) in accordance with Texas Wa-ter Code (TWC) sect7075 TWC sect7075 requires that before the com-mission may approve the AOs the commission shall allow the pub-lic an opportunity to submit written comments on the proposed AOs TWC sect7075 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 March 13 2018 TWC sect7075 also requires that the commission promptly consider any written comments received and that the com-mission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropri-ate improper inadequate or inconsistent with the requirements of the statutes and rules within the commissions jurisdiction or the commis-sions orders and permits issued in accordance with the commissions regulatory authority Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments

A copy of each proposed AO is available for public inspection at both the commissions central office located at 12100 Park 35 Circle Build-ing A 3rd Floor Austin Texas 78753 (512) 239 3400 and at the ap-plicable regional office listed as follows Written comments about an AO should be sent to the attorney designated for the AO at the commis-sions central office at PO Box 13087 MC 175 Austin Texas 78711 3087 and must be received by 500 pm on March 13 2018 Com-ments may also be sent by facsimile machine to the attorney at (512) 239-3434 The designated attorneys are available to discuss the AOs andor the comment procedure at the listed phone numbers however TWC sect7075 provides that comments on an AO shall be submitted to the commission in writing

(1) COMPANY ASHEVILLE ENTERPRISES INC dba Mr Ts Convenience Store DOCKET NUMBER 2017-1163-PST-E TCEQ ID NUMBER RN101998573 LOCATION 6808 Bowman Springs Road Arlington Tarrant County TYPE OF FACILITY underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) PENALTY $3750 STAFF ATTORNEY Joey Washburn Litigation Division MC 175 (512) 239-1297 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(2) COMPANY City of White Settlement DOCKET NUMBER 2017-0676-PWS-E TCEQ ID NUMBER RN101390292 LOCA-TION 214 Meadow Park Drive White Settlement Tarrant County TYPE OF FACILITY public water system RULES VIOLATED 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and sect290122(c)(2)(A) and (f) by failing to collect lead and copper tap samples at the required sample sites have the samples analyzed and report the results to the executive director (ED) and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples 30 TAC sect290271(b) and sect290274(a) and (c) by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year and failing to submit to the TCEQ by July 1st of each year a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with the compliance monitoring data and 30 TAC sect290122(c)(2)(A) and (f) by failing

43 TexReg 798 February 9 2018 Texas Register

to provide public notification and submit a copy of the notification to the ED regarding the failure to submit a Disinfectant Level Quarterly Operating Report PENALTY $1950 STAFF ATTORNEY Adam Taylor Litigation Division MC 175 (512) 239-3345 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(3) COMPANY GUL ENTERPRISES LLC dba Texaco Corner DOCKET NUMBER 2016-0591-PST-E TCEQ ID NUMBER RN102352911 LOCATION 2700 East 5th Street Tyler Smith County TYPE OF FACILITY underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) PENALTY $4500 STAFF ATTORNEY Amanda Patel Litigation Division MC 175 (512) 239-3990 REGIONAL OFFICE Tyler Regional Office 2916 Teague Drive Tyler Texas 75701-3734 (903) 535-5100

(4) COMPANY Howard C Bigham Jr dba Key Mobile Home Park DOCKET NUMBER 2017-0571-PWS-E TCEQ ID NUMBER RN101246262 LOCATION 2116 Tuscola Avenue near Snyder Scurry County TYPE OF FACILITY public water system RULES VIOLATED 30 TAC sect290110(e)(4)(A) and (f)(3) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2dii by failing to submit a Disinfectant Level Quarterly Oper-ating Report (DLQOR) to the executive director (ED) 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2di by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED 30 TAC sect290117(c)(2)(A) (h) and (i)(1) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2di by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED 30 TAC sect290117(i)(6) and (j) by failing to mail consumer notification of lead tap water monitoring results to persons served at the locations that were sampled and failing to submit to the TCEQ a copy of the consumer notification and certification that the consumer notification had been distributed to the persons served at the locations in a manner consistent with TCEQ requirements 30 TAC sect290271(b) and sect290274(a) and (c) by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st for each year and failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ 30 TAC sect290122(c)(2)(A) and (f) by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a DLQOR to the ED and the failure to collect lead and copper tap samples 30 TAC sect29046(f)(2) (3)(A)(i)(III) (ii)(III) and (B)(iii) and TCEQ Order Docket Number 2015-0103-PWS-E Ordering Pro-vision Number 2a by failing to maintain water works operation and maintenance records and make them readily available to commission personnel upon request 30 TAC sect29044(i) and TCEQ Order Docket Number 2015-0103-PWS-E Ordering Provision Number 2c by failing to obtain an approval from the ED prior to supplying drinking water distributed by a tanker truck or trailer to persons served by the facility 30 TAC sect29046(i) by failing to adopt an adequate plumbing ordinance regulations or service agreement with provisions for proper enforcement to ensure that neither cross-connection nor other unacceptable plumbing practices are permitted 30 TAC sect29046(z) by failing to create a nitrification action plan for a system distributing chloraminated water 30 TAC sect29042(e)(3)(G) by failing to obtain

an exception in accordance with 30 TAC sect29039(l) prior to blending water containing chloramines and water containing free chlorine 30 TAC sect29046(f)(2) (3)(B)(iv) and (D)(ii) by failing to maintain water works operation and maintenance records and make them readily available to commission personnel upon request and Texas Health and Safety Code sect3410315(c) and 30 TAC sect29046(d)(2)(B) and sect290110(b)(4) by failing to maintain a disinfectant residual of at least 05 milligrams per liter of chloramine (measured as total chlorine) throughout the distribution system at all times PENALTY $3614 STAFF ATTORNEY Ian Groetsch Litigation Division MC 175 (512) 239-2225 REGIONAL OFFICE Abilene Regional Office 1977 Industrial Boulevard Abilene Texas 79602-7833 (325) 698-9674

(5) COMPANY ICR Energy LLC dba Bitters Road Express Grocery amp Dry Cleaners DOCKET NUMBER 2016-2093-MLM-E TCEQ ID NUMBER RN102980265 LOCATION 1005 West Bitters Road San Antonio Bexar County TYPE OF FACILITY dry cleaning drop station underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED Texas Health and Safety Code sect374102(a) and 30 TAC sect33710(a)(1) and (2) by failing to complete and submit the required registration form to the TCEQ for a dry cleaning facility andor drop station facility TWC sect263475(a) and 30 TAC sect33450(b)(1)(A) by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(c)(1) and 30 TAC sect33450(b)(2)(A)(i)(III) by failing to provide release detection for the pressurized piping associated with the UST system 30 TAC sect3348(c)(4)(A)(vii) and (5)(B)(ii) by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date TWC sect263467(a) and 30 TAC sect3348(c)(5)(A)(i) by failing to make available to a common carrier a valid current TCEQ delivery certificate before accepting delivery of a regulated substance into the UST 30 TAC sect3348(c)(5)(C) by failing to ensure that a legible tag label or marking with the UST identifica-tion 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 according to the UST registration and self-certification form TWC sect263475(c)(2) and 30 TAC sect33442(i) by failing to inspect all sumps including dispenser sumps manways overspill containers or catchment basins associated with a UST system at least once every 60 days to ensure that their sides bottoms and any penetration points are maintained liquid tight and free of any liquid or debris and 30 TAC sect37815(a) and (b) by failing to demonstrate acceptable financial as-surance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs PENALTY $18440 STAFF ATTORNEY Amanda Patel Litigation Division MC 175 (512) 239-3990 REGIONAL OFFICE San Antonio Regional Office 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096

(6) COMPANY RIJAL TRADERS INC dba Mercado Food amp Fuels DOCKET NUMBER 2016-0136-PST-E TCEQ ID NUM-BER RN102978657 LOCATION 301 East Avenue G Conroe Montgomery County TYPE OF FACILITY underground stor-age tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(a) and 30 TAC sect33450(b)(2)(A)(i)(III) by failing to test the line leak detectors at least once per year for performance and operational reliability TWC sect263475(a) and 30 TAC sect33450(b)(2)(A)(ii) by failing to provide release detection for the pressurized piping associated with the UST system and 30 TAC sect33450(d)(1)(B) by failing to conduct inventory

IN ADDITION February 9 2018 43 TexReg 799

control procedures including volume measurement reconciliation of detailed inventory control records at least once a month in a manner sufficiently accurate to detect a release which equals or exceeds the sum of 10 of the total substance flow through for the month plus 130 gallons PENALTY $5607 STAFF ATTORNEY Ian Groetsch Litigation Division MC 175 (512) 239-2225 REGIONAL OFFICE Houston Regional Office 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(7) COMPANY SEMINOLE VENTURES LLC dba Alsbury Food Mart DOCKET NUMBER 2017-0644-PST-E TCEQ ID NUMBER RN102021508 LOCATION 776 Northeast Alsbury Boulevard Burleson Tarrant County TYPE OF FACILITY underground stor-age tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(d) and 30 TAC sect33449(a)(4) by failing to provide corrosion protection for the UST system and 30 TAC sect33410(b) and 30 TAC sect33451(c)(1) by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel PENALTY $7313 STAFF AT-TORNEY Isaac Ta Litigation Division MC 175 (512) 239-0683 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800 TRD-201800376 Charmaine Backens Director Litigation Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Notice of Public Hearing on Proposed Revisions The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revi-sions to 30 TAC Chapter 305 Consolidated Permits sect305541 under the requirements of Texas Government Code Chapter 2001 Subchap-ter B

The proposed rulemaking would amend sect305541 to adopt by refer-ence 40 Code of Federal Regulations Part 441 as published on June 14 2017 in the Federal Register (82 FedReg 27154 - 27178) and mi-nor corrections to the rule that were published in the Federal Register on June 26 2017 and July 5 2017 (82 FedReg 28777 82 FedReg 30997) The proposed rulemaking would also adopt by reference the United States Environmental Protection Agencys Effluent Limitations Guidelines and Standards for the Dental Category

The commission will hold a public hearing on this proposal in Austin on March 8 2018 at 200 pm in Building E Room 201S at the com-missions central office located at 12100 Park 35 Circle The hearing is structured for the receipt of oral or written comments by interested persons Individuals may present oral statements when called upon in order of registration Open discussion will not be permitted during the hearing however commission staff members will be available to dis-cuss the proposal 30 minutes prior to the hearing

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

Written comments may be submitted to Ms Kris Hogan MC 205 Office of Legal Services Texas Commission on Environ-mental Quality PO Box 13087 Austin Texas 78711-3087 or

faxed to (512) 239-4808 Electronic comments may be submitted at httpwww1tceqtexasgovrulesecomments File size restric-tions may apply to comments being submitted via the eComments system All comments should reference Rule Project Number 2017-009-305-OW The comment period closes on March 12 2018 Copies of the proposed rulemaking can be obtained from the commis-sions website at httpwwwtceqtexasgovrulespropose_adopthtml For further information please contact Laurie Fleet Wastewater Permitting Section at (512) 239-5445 TRD-201800346 Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 26 2018

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Notices issued January 25 2018

APPLICATION NO 13340 The City of Wichita Falls 600 11th Street Room 209 Wichita Falls Texas 76301 Applicant seeks a temporary water use permit to divert and use not to exceed 20 acre-feet of wa-ter over a two-year period from Plum Creek at a maximum diversion rate of 022 cfs (100 gpm) for agricultural purposes in Wichita County The application and fees were received on September 23 2016 Ad-ditional information and fees were received on April 28 2017 The application was declared administratively complete and filed with the Office of the Chief Clerk on June 22 2017 The Executive Director completed the technical review of the application and prepared a draft permit The draft permit if granted would include special conditions including but not limited to installing a measuring device for diver-sions The application technical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 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 by February 9 2018

APPLICATION NO 13419 Magellan Terminals Holdings LP One Williams Center OTC-8 Tulsa Oklahoma 74172 Applicant seeks a temporary water use permit to divert and use not to exceed 200 acre-feet of water within a period of three years from a point on Buffalo Bayou (Houston Ship Channel) San Jacinto River Basin for industrial pur-poses in Harris County The application and fees were received on August 14 2017 Additional information and fees were received on September 21 and September 26 2017 The application was declared administratively complete and filed with the Office of the Chief Clerk on October 24 2017 The Executive Director completed the technical review of the application and prepared a draft permit The draft permit if granted would include special conditions including but not limited to installing a measuring device for diversions The application tech-nical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 78753 Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below by February 9 2018

APPLICATION NO 18-2445A Camp Mystic Inc Route 2 Box 257 Hunt Texas 78024 Applicant seeks to amend Certificate of Adjudi-cation No 18-2445 to authorize an existing dam and reservoir with a capacity of 15 acre-feet on Cypress Creek Guadalupe River Basin for recreational purposes in Kerr County The application does not re-quest a new appropriation of water or to increase the amount of water

43 TexReg 800 February 9 2018 Texas Register

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authorized to be stored taken or diverted The application and partial fees were received on April 28 2015 Additional information and fees were received on October 5 and October 27 2016 and June 23 2017 The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on July 12 2017 The Ex-ecutive Director has completed the technical review of the application and prepared a draft amendment The amendment if granted would include special conditions including but not limited to maintaining the reservoir full at all time with an alternate source of water The ap-plication technical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 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 sec-tion below within 30 days of the date of newspaper publication of the notice

To view the complete issued notice view the notice on our website at wwwtceqtexasgovagencyccpub_noticehtml or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete no-tice 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 con-tested 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) applicants name and permit number (3) the statement [Iwe] 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 applica-tion 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 re-quested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Com-mission 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 PO Box 13087 Austin Texas 78711-3087 For infor-mation concerning the hearing process please contact the Public Inter-est Counsel MC 103 at the same address For additional information individual members of the general public may contact the Public Edu-cation Program at (800) 687-4040 General information regarding the TCEQ can be found at our website at wwwtceqtexasgov Si desea informacioacuten en espantildeol puede llamar al (800) 687-4040 TRD-201800402 Bridget C Bohac Chief Clerk Texas Commission on Environmental Quality Filed January 31 2018

diams diams diams Update to the Water Quality Management Plan

The Texas Commission on Environmental Quality (TCEQ or commis-sion) requests comments from the public on the draft January 2018 Up-date to the WQMP for the State of Texas

Download the draft January 2018 WQMP Update at httpswwwtceqtexasgovpermittingwqmpWQmanagement_up-dateshtml or view a printed copy at the TCEQ Library Building A 12100 Park 35 Circle Austin Texas

The WQMP is developed and promulgated in accordance with the re-quirements of Federal Clean Water Act sect208 The draft update in-cludes projected effluent limits of specific domestic dischargers which may be useful for planning in future permit actions The draft update may also contain service area populations for listed wastewater treat-ment facilities designated management agency information and total maximum daily load (TMDL) revisions

Once the commission certifies a WQMP update it is submitted to the United States Environmental Protection Agency (EPA) for approval For some Texas Pollutant Discharge Elimination System (TPDES) per-mits the EPAs approval of a corresponding WQMP update is a neces-sary precondition to TPDES permit issuance by the commission

Deadline

All comments must be received at the TCEQ no later than 500 pm on March 12 2018

How to Submit Comments

Comments must be submitted in writing to

Nancy Vignali

Texas Commission on Environmental Quality

Water Quality Division MC 150

PO Box 13087

Austin Texas 78711-3087

Comments may also be faxed to (512) 239-4420 but must be followed up with written comments by mail within three working days of the fax date or by the comment deadline whichever is sooner

For further information or questions please contact Ms Vignali at (512) 239-1303 or by email at NancyVignalitceqtexasgov TRD-201800378 Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Texas Ethics Commission List of Late Filers Below is a list from the Texas Ethics Commission naming the filers who failed to pay the penalty fine for failure to file the report or filing a late report in reference to the specified filing deadline If you have any questions you may contact Jennifer Griggs at (512) 463-5800

Deadline Personal Financial Statement due October 23 2017

00081802 - Michael Dokupil 4212 San Felipe Suite 410 Houston Texas 77027

TRD-201800306 Seana Willing Executive Director Texas Ethics Commission Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 801

Texas Lottery Commission Scratch Ticket Game Number 2071 Lucky Dog 10 Name and Style of Scratch Ticket Game

A The name of Scratch Ticket Game No 2071 is LUCKY DOG The play style is key symbol match

11 Price of Scratch Ticket Game

A The price for Scratch Ticket Game No 2071 shall be $100 per Scratch Ticket

12 Definitions in Scratch Ticket Game No 2071

A Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear

B Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket

C Play Symbol- The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize Each

Play Symbol is printed in Symbol font in black ink in positive except for dual-image games The possible black Play Symbols are

MAX PLAY SYMBOL CHARLIE PLAY SYMBOL COCO PLAY SYMBOL SPOT PLAY SYMBOL RUSS PLAY SYMBOL JACK PLAY SYMBOL FIDO PLAY SYMBOL MOLLY PLAY SYMBOL BRUCE PLAY SYMBOL ROCKY PLAY SYMBOL LOLA PLAY SYMBOL ROVER PLAY SYMBOL BUDDY PLAY SYMBOL DUKE PLAY SYMBOL SPIKE PLAY SYMBOL SOPHIE PLAY SYMBOL BUSTER PLAY SYBMOL RUFUS PLAY SYMBOL DINO PLAY SYMBOL SADIE PLAY SYMBOL GINGER PLAY SYMBOL BAILEY PLAY SYMBOL $1 $2 $5 $10 $20 $50 $100 and $500

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

43 TexReg 802 February 9 2018 Texas Register

IN ADDITION February 9 2018 43 TexReg 803

E Serial Number- A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket The Serial Number is for validation purposes and cannot be used to play the game The format will be 0000000000000

F Bar Code - A 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 Scratch Ticket number and the ten (10) digit Validation Number The Bar Code appears on the back of the Scratch Ticket

G Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2071) a seven (7) digit Pack number and a three (3) digit Scratch Ticket number Scratch Ticket numbers start with 001 and end with 150 within each Pack The format will be 2071-0000001-001

H Pack - A Pack of the LUCKY DOG Scratch Ticket Game contains 150 Tickets packed in plastic shrink-wrapping and fanfolded in pages of five (5) Tickets 001 to 005 will be on the top page Tickets 006 to 010 on the next page etc and Tickets 146 to 150 will be on the last page with backs exposed Ticket 001 will be folded over so the front of Ticket 001 and 010 will be exposed

I Non-Winning Scratch Ticket - A Scratch Ticket which is not pro-grammed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures the State Lottery Act (Texas Government Code Chapter 466) and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401

J Scratch Ticket Game Scratch Ticket or Ticket - Texas Lottery LUCKY DOG Scratch Ticket Game No 2071

20 Determination of Prize Winners The determination of prize win-ners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401302 Scratch Ticket Game Rules these Game Procedures and the requirements set out on the back of each Scratch Ticket A prize winner in the LUCKY DOG Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 8 (eight) Play Symbols If a player matches any of the YOUR DOGS Play Symbols to the WINNING DOG Play Symbol the player wins the PRIZE for that dog No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket

21 Scratch Ticket Validation Requirements

A To be a valid Scratch Ticket all of the following requirements must be met

1 Exactly 8 (eight) Play Symbols must appear under the Latex Over-print on the front portion of the Scratch Ticket

2 Each of the Play Symbols must have a Play Symbol Caption under-neath unless specified and each Play Symbol must agree with its Play Symbol Caption

3 Each of the Play Symbols must be present in its entirety and be fully legible

4 Each of the Play Symbols must be printed in black ink except for dual image games

5 The Scratch Ticket shall be intact

6 The Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be present in their entirety and be fully legible

7 The Serial Number must correspond using the Texas Lotterys codes to the Play Symbols on the Scratch Ticket

8 The Scratch Ticket must not have a hole punched through it be mutilated altered unreadable reconstituted or tampered with in any manner

9 The Scratch Ticket must not be counterfeit in whole or in part

10 The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner

11 The Scratch Ticket must not have been stolen nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery

12 The Play Symbols Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be right side up and not reversed in any manner

13 The Scratch Ticket must be complete and not miscut and have exactly 8 (eight) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket exactly one Serial Number exactly one Retailer Validation Code and exactly one Pack-Scratch Ticket Number on the Scratch Ticket

14 The Serial Number of an apparent winning Scratch Ticket shall cor-respond with the Texas Lotterys Serial Numbers for winning Scratch Tickets and a Scratch Ticket with that Serial Number shall not have been paid previously

15 The Scratch Ticket must not be blank or partially blank misregis-tered defective or printed or produced in error

16 Each of the 8 (eight) Play Symbols must be exactly one of those described in Section 12C of these Game Procedures

17 Each of the 8 (eight) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery

18 The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery and

19 The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines

B The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures the Texas Lotterys Rules governing the award of prizes of the amount to be validated and any confidential validation and security tests of the Texas Lottery

C Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid However the Executive Director may solely at the Executive Directors discretion refund the retail sales price of the Scratch Ticket In the event a de-fective Scratch Ticket is purchased the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket solely at the Executive Directors discretion

22 Programmed Game Parameters

A Consecutive Non-Winning Tickets within a Pack will not have matching patterns in the same order of either Play Symbols or Prize Symbols

43 TexReg 804 February 9 2018 Texas Register

B The top Prize Symbol will appear on every Ticket unless restricted by other parameters play action or prize structure

C No matching non-winning YOUR DOGS Play Symbols on a Ticket

D A non-winning Prize Symbol will never match a winning Prize Sym-bol

E No matching non-winning Prize Symbols on a Ticket unless re-stricted by other parameters play action or prize structure

23 Procedure for Claiming Prizes

A To claim a LUCKY DOG Scratch Ticket Game prize of $100 $200 $500 $1000 $2000 $5000 $100 or $500 a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer The Texas Lottery Retailer shall verify the claim and if valid and upon presentation of proper identification if appropriate make payment of the amount due the claimant and physically void the Scratch Ticket provided that the Texas Lottery Retailer may but is not required to pay a $5000 $100 or $500 Scratch Ticket Game In the event the Texas Lottery Retailer cannot verify the claim the Texas Lottery Retailer shall provide the claimant with a claim form and in-struct 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 23B of these Game Procedures

B As an alternative method of claiming a LUCKY DOG Scratch Ticket Game prize the claimant must sign the winning Scratch Ticket thoroughly complete a claim form and mail both to Texas Lottery Commission PO Box 16600 Austin Texas 78761-6600 The Texas Lottery is not responsible for Scratch Tickets lost in the mail In the event that the claim is not validated by the Texas Lottery the claim shall be denied and the claimant shall be notified promptly

C Prior to payment by the Texas Lottery of any prize the Texas Lottery shall deduct

1 A sufficient amount from the winnings of a prize winner who has been finally determined to be

a delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code sect403055

b in default on a loan made under Chapter 52 Education Code or

c in default on a loan guaranteed under Chapter 57 Education Code and

2 delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231 Family Code

D If a person is indebted or owes delinquent taxes to the State other than those specified in the preceding paragraph the winnings of a per-son shall be withheld until the debt or taxes are paid

24 Allowance for Delay of Payment The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director under any of the following circumstances

A if a dispute occurs or it appears likely that a dispute may occur regarding the prize

B if there is any question regarding the identity of the claimant

C if there is any question regarding the validity of the Scratch Ticket presented for payment or

D if the claim is subject to any deduction from the payment otherwise due as described in Section 23C of these Game Procedures No liabil-ity for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim

25 Payment of Prizes to Persons Under 18 If a person under the age of 18 years is entitled to a cash prize under $600 from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deliver to an adult member of the minors family or the minors guardian a check or war-rant in the amount of the prize payable to the order of the minor

26 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deposit the amount of the prize in a custodial bank account with an adult member of the minors family or the minors guardian serving as custodian for the minor

27 Scratch Ticket Claim Period All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military person-nel as set forth in Texas Government Code sect466408 Any rights to a prize that is not claimed within that period and in the manner specified in these Game Procedures and on the back of each Scratch Ticket shall be forfeited

28 Disclaimer The number of prizes in a game is approximate based on the number of Scratch Tickets ordered The number of actual prizes available in a game may vary based on number of Scratch Tickets man-ufactured testing distribution sales and number of prizes claimed A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed

30 Scratch Ticket Ownership

A Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket When a signature is placed on the back of the Scratch Ticket in the space designated the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto Notwithstanding any name or names submitted on a claim form the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated If more than one name appears on the back of the Scratch Ticket the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment

B The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket

40 Number and Value of Scratch Ticket Prizes There will be approx-imately 9120000 Scratch Tickets in Scratch Ticket Game No 2071 The approximate number and value of prizes in the game are as fol-lows

IN ADDITION February 9 2018 43 TexReg 805

A The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission

50 End of the Scratch Ticket Game The Executive Director may at any time announce a closing date (end date) for the Scratch Ticket Game No 2071 without advance notice at which point no further Scratch Tickets in that game may be sold The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Scratch Ticket Game Rules See 16 TAC sect401302(j)

60 Governing Law In purchasing a Scratch Ticket the player agrees to comply with and abide by these Game Procedures for Scratch Ticket Game No 2071 the State Lottery Act (Texas Government Code Chap-ter 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-201800382 Bob Biard General Counsel Texas Lottery Commission Filed January 30 2018

diams diams diams Public Utility Commission of Texas Major Consulting Services Contract RFP No 473-17-00005 Project No 47410

Contract No 473-17-00005 for a financial audit of the Texas Universal Service Fund and internal control audit of the Texas Universal Service Fund Administrator

Consultant

Hurlbert CPA LLC

PO Box 615

Liberty MO 64063

Contract No 473-17-00005 expires April 30 2021

Compensation $159000

Contractor will submit a draft audit for FY 2017 by March 15 2018 and a final audit by May 15 2018

For FY 2018 2019 2020 - Draft audit due by the last working day in January following the close of the fiscal year audited Final audit due by the last working day in March following the close of the fiscal year audited

Public Utility Commission of Texas

1701 N Congress Avenue

Austin TX 78711

Point of contact jaystonepuctexasgov

Publication in Texas Register after entering into major consulting ser-vices contract required by Texas Government Code sect2254030 TRD-201800380

43 TexReg 806 February 9 2018 Texas Register

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Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Service Provider Certificate of Operating Authority

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 29 2018 in accordance with Public Utility Regulatory Act sectsect54151 - 54156

Docket Title and Number Application of Aeon Communications LLC for an Amendment to its Service Provider Certificate of Operating Au-thority Docket Number 47993

Applicant seeks to amend service provider certificate of operating au-thority number 60882 to reflect discontinuation of certain telecommu-nications services and to permanently withdraw from offering any ser-vices in the State of Texas

Persons wishing to comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than February 23 2018 Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47993 TRD-201800391 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 24 2018 to amend certificates of convenience and necessity in Medina County

Docket Style and Number Application of the City of Castroville to Amend its Water Certificate of Convenience and Necessity and to De-certify a Portion of New Alsace Water Supply Corporations Service Area in Medina County Docket Number 47985

The Application The City of Castroville filed an application to amend its water certificate of convenience and necessity (CCN) No 10218 and to decertify a portion of New Alsace Water Supply Corporations service area under CCN No 12558 in Medina County The total area being requested includes approximately 7 acres and no current cus-tomers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47985 TRD-201800384 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

Notice of Application to Amend Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Util-ity Commission of Texas on January 17 2018 to amend a certificate of convenience and necessity (CCN) in Hays County

Docket Style and Number Application of the City of Dripping Springs to Amend a Water Certificate of Convenience and Necessity in Hays County Docket Number 47957

The Application The City of Dripping Springs filed an application to amend its water CCN No 13030 to add service area in Hays County The total area being requested includes approximately 522 acres and zero current customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47957 TRD-201800386 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend Water Certificates of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Com-mission of Texas (commission) on January 23 2018 of an applica-tion to amend water certificates of convenience and necessity (CCN) in Rockwall and Kaufman Counties

Docket Style and Number Application of the City of Heath to Amend a Water Certificate of Convenience and Necessity Under Water Code sect13255 and to Decertify a Portion of Forney Lake Water Supply Cor-porations Service Area in Rockwall and Kaufman Counties Docket Number 47979

The Application The City of Heath filed an application to amend water CCN No 12060 to provide water service to the Forney Lake Water Supply Corporations (FLWS) CCN area and to decertify a portion of the FLWS CCN No 10086 in Rockwall and Kaufman Counties The total area being removed from CCN No 10086 includes approximately 2600 acres and 839 customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47979 TRD-201800330 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 807

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Texas Racing Commission Notice of Deadline Pursuant to sect313 of the Texas Racing Act Texas Revised Civil Statutes Ann Art 179e and Title 16 Texas Administrative Code sect309299 the Executive Director for the Texas Racing Commission provides notice that Monday March 1 2018 is the deadline to request Commission recognition as the horsemens representative organization

Section 313 of the Texas Racing Act authorizes the Commission to recognize an organization to represent members of a segment of the racing industry including owners breeders trainers kennel operators and other persons involved in the racing industry In 16 TAC sect309299 the Commission has adopted criteria for being recognized as the organ-ization to represent horse owners and trainers This organization will be responsible for negotiating with each licensed racetrack regarding the racetracks live racing programs including but not limited to the allocation of purse money to various live races the exporting of simul-cast signals and the importing of simulcast signals during live race meetings

To be eligible for recognition as the horsemens representative organi-zation each officer and director of the organization during the two-year

term of the recognition must be licensed by the Commission as an owner or trainer The Commission will also review the experience and qualifications of the organizations directors executive officers and management personnel the organizations benevolence programs and the degree to which the organizations membership represents a fair and equitable cross-section of the horse owners and trainers participating at each of the racetracks in this state The organization is subject to audit by the Texas Racing Commission

To request recognition an organization must file a written request on a form prescribed by the Executive Director To obtain a copy of the form or for more information interested persons should contact Devon Bi-jansky General Counsel Texas Racing Commission PO Box 12080 Austin Texas 78711-2080 (512) 833-6699 FAX (512) 833-6907 TRD-201800304 Devon Bijansky General Counsel Texas Racing Commission Filed January 24 2018

43 TexReg 808 February 9 2018 Texas Register

to provide public notification and submit a copy of the notification to the ED regarding the failure to submit a Disinfectant Level Quarterly Operating Report PENALTY $1950 STAFF ATTORNEY Adam Taylor Litigation Division MC 175 (512) 239-3345 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800

(3) COMPANY GUL ENTERPRISES LLC dba Texaco Corner DOCKET NUMBER 2016-0591-PST-E TCEQ ID NUMBER RN102352911 LOCATION 2700 East 5th Street Tyler Smith County TYPE OF FACILITY underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) PENALTY $4500 STAFF ATTORNEY Amanda Patel Litigation Division MC 175 (512) 239-3990 REGIONAL OFFICE Tyler Regional Office 2916 Teague Drive Tyler Texas 75701-3734 (903) 535-5100

(4) COMPANY Howard C Bigham Jr dba Key Mobile Home Park DOCKET NUMBER 2017-0571-PWS-E TCEQ ID NUMBER RN101246262 LOCATION 2116 Tuscola Avenue near Snyder Scurry County TYPE OF FACILITY public water system RULES VIOLATED 30 TAC sect290110(e)(4)(A) and (f)(3) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2dii by failing to submit a Disinfectant Level Quarterly Oper-ating Report (DLQOR) to the executive director (ED) 30 TAC sect290117(c)(2)(B) (h) and (i)(1) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2di by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED 30 TAC sect290117(c)(2)(A) (h) and (i)(1) and TCEQ Order Docket Number 2013-2230-PWS-E Ordering Provision Number 2di by failing to collect lead and copper tap samples at the required five sample sites have the samples analyzed and report the results to the ED 30 TAC sect290117(i)(6) and (j) by failing to mail consumer notification of lead tap water monitoring results to persons served at the locations that were sampled and failing to submit to the TCEQ a copy of the consumer notification and certification that the consumer notification had been distributed to the persons served at the locations in a manner consistent with TCEQ requirements 30 TAC sect290271(b) and sect290274(a) and (c) by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st for each year and failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ 30 TAC sect290122(c)(2)(A) and (f) by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a DLQOR to the ED and the failure to collect lead and copper tap samples 30 TAC sect29046(f)(2) (3)(A)(i)(III) (ii)(III) and (B)(iii) and TCEQ Order Docket Number 2015-0103-PWS-E Ordering Pro-vision Number 2a by failing to maintain water works operation and maintenance records and make them readily available to commission personnel upon request 30 TAC sect29044(i) and TCEQ Order Docket Number 2015-0103-PWS-E Ordering Provision Number 2c by failing to obtain an approval from the ED prior to supplying drinking water distributed by a tanker truck or trailer to persons served by the facility 30 TAC sect29046(i) by failing to adopt an adequate plumbing ordinance regulations or service agreement with provisions for proper enforcement to ensure that neither cross-connection nor other unacceptable plumbing practices are permitted 30 TAC sect29046(z) by failing to create a nitrification action plan for a system distributing chloraminated water 30 TAC sect29042(e)(3)(G) by failing to obtain

an exception in accordance with 30 TAC sect29039(l) prior to blending water containing chloramines and water containing free chlorine 30 TAC sect29046(f)(2) (3)(B)(iv) and (D)(ii) by failing to maintain water works operation and maintenance records and make them readily available to commission personnel upon request and Texas Health and Safety Code sect3410315(c) and 30 TAC sect29046(d)(2)(B) and sect290110(b)(4) by failing to maintain a disinfectant residual of at least 05 milligrams per liter of chloramine (measured as total chlorine) throughout the distribution system at all times PENALTY $3614 STAFF ATTORNEY Ian Groetsch Litigation Division MC 175 (512) 239-2225 REGIONAL OFFICE Abilene Regional Office 1977 Industrial Boulevard Abilene Texas 79602-7833 (325) 698-9674

(5) COMPANY ICR Energy LLC dba Bitters Road Express Grocery amp Dry Cleaners DOCKET NUMBER 2016-2093-MLM-E TCEQ ID NUMBER RN102980265 LOCATION 1005 West Bitters Road San Antonio Bexar County TYPE OF FACILITY dry cleaning drop station underground storage tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED Texas Health and Safety Code sect374102(a) and 30 TAC sect33710(a)(1) and (2) by failing to complete and submit the required registration form to the TCEQ for a dry cleaning facility andor drop station facility TWC sect263475(a) and 30 TAC sect33450(b)(1)(A) by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(c)(1) and 30 TAC sect33450(b)(2)(A)(i)(III) by failing to provide release detection for the pressurized piping associated with the UST system 30 TAC sect3348(c)(4)(A)(vii) and (5)(B)(ii) by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date TWC sect263467(a) and 30 TAC sect3348(c)(5)(A)(i) by failing to make available to a common carrier a valid current TCEQ delivery certificate before accepting delivery of a regulated substance into the UST 30 TAC sect3348(c)(5)(C) by failing to ensure that a legible tag label or marking with the UST identifica-tion 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 according to the UST registration and self-certification form TWC sect263475(c)(2) and 30 TAC sect33442(i) by failing to inspect all sumps including dispenser sumps manways overspill containers or catchment basins associated with a UST system at least once every 60 days to ensure that their sides bottoms and any penetration points are maintained liquid tight and free of any liquid or debris and 30 TAC sect37815(a) and (b) by failing to demonstrate acceptable financial as-surance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs PENALTY $18440 STAFF ATTORNEY Amanda Patel Litigation Division MC 175 (512) 239-3990 REGIONAL OFFICE San Antonio Regional Office 14250 Judson Road San Antonio Texas 78233-4480 (210) 490-3096

(6) COMPANY RIJAL TRADERS INC dba Mercado Food amp Fuels DOCKET NUMBER 2016-0136-PST-E TCEQ ID NUM-BER RN102978657 LOCATION 301 East Avenue G Conroe Montgomery County TYPE OF FACILITY underground stor-age tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the UST for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(a) and 30 TAC sect33450(b)(2)(A)(i)(III) by failing to test the line leak detectors at least once per year for performance and operational reliability TWC sect263475(a) and 30 TAC sect33450(b)(2)(A)(ii) by failing to provide release detection for the pressurized piping associated with the UST system and 30 TAC sect33450(d)(1)(B) by failing to conduct inventory

IN ADDITION February 9 2018 43 TexReg 799

control procedures including volume measurement reconciliation of detailed inventory control records at least once a month in a manner sufficiently accurate to detect a release which equals or exceeds the sum of 10 of the total substance flow through for the month plus 130 gallons PENALTY $5607 STAFF ATTORNEY Ian Groetsch Litigation Division MC 175 (512) 239-2225 REGIONAL OFFICE Houston Regional Office 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(7) COMPANY SEMINOLE VENTURES LLC dba Alsbury Food Mart DOCKET NUMBER 2017-0644-PST-E TCEQ ID NUMBER RN102021508 LOCATION 776 Northeast Alsbury Boulevard Burleson Tarrant County TYPE OF FACILITY underground stor-age tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(d) and 30 TAC sect33449(a)(4) by failing to provide corrosion protection for the UST system and 30 TAC sect33410(b) and 30 TAC sect33451(c)(1) by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel PENALTY $7313 STAFF AT-TORNEY Isaac Ta Litigation Division MC 175 (512) 239-0683 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800 TRD-201800376 Charmaine Backens Director Litigation Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Notice of Public Hearing on Proposed Revisions The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revi-sions to 30 TAC Chapter 305 Consolidated Permits sect305541 under the requirements of Texas Government Code Chapter 2001 Subchap-ter B

The proposed rulemaking would amend sect305541 to adopt by refer-ence 40 Code of Federal Regulations Part 441 as published on June 14 2017 in the Federal Register (82 FedReg 27154 - 27178) and mi-nor corrections to the rule that were published in the Federal Register on June 26 2017 and July 5 2017 (82 FedReg 28777 82 FedReg 30997) The proposed rulemaking would also adopt by reference the United States Environmental Protection Agencys Effluent Limitations Guidelines and Standards for the Dental Category

The commission will hold a public hearing on this proposal in Austin on March 8 2018 at 200 pm in Building E Room 201S at the com-missions central office located at 12100 Park 35 Circle The hearing is structured for the receipt of oral or written comments by interested persons Individuals may present oral statements when called upon in order of registration Open discussion will not be permitted during the hearing however commission staff members will be available to dis-cuss the proposal 30 minutes prior to the hearing

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

Written comments may be submitted to Ms Kris Hogan MC 205 Office of Legal Services Texas Commission on Environ-mental Quality PO Box 13087 Austin Texas 78711-3087 or

faxed to (512) 239-4808 Electronic comments may be submitted at httpwww1tceqtexasgovrulesecomments File size restric-tions may apply to comments being submitted via the eComments system All comments should reference Rule Project Number 2017-009-305-OW The comment period closes on March 12 2018 Copies of the proposed rulemaking can be obtained from the commis-sions website at httpwwwtceqtexasgovrulespropose_adopthtml For further information please contact Laurie Fleet Wastewater Permitting Section at (512) 239-5445 TRD-201800346 Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 26 2018

diams diams diams Notice of Water Rights Application

Notices issued January 25 2018

APPLICATION NO 13340 The City of Wichita Falls 600 11th Street Room 209 Wichita Falls Texas 76301 Applicant seeks a temporary water use permit to divert and use not to exceed 20 acre-feet of wa-ter over a two-year period from Plum Creek at a maximum diversion rate of 022 cfs (100 gpm) for agricultural purposes in Wichita County The application and fees were received on September 23 2016 Ad-ditional information and fees were received on April 28 2017 The application was declared administratively complete and filed with the Office of the Chief Clerk on June 22 2017 The Executive Director completed the technical review of the application and prepared a draft permit The draft permit if granted would include special conditions including but not limited to installing a measuring device for diver-sions The application technical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 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 by February 9 2018

APPLICATION NO 13419 Magellan Terminals Holdings LP One Williams Center OTC-8 Tulsa Oklahoma 74172 Applicant seeks a temporary water use permit to divert and use not to exceed 200 acre-feet of water within a period of three years from a point on Buffalo Bayou (Houston Ship Channel) San Jacinto River Basin for industrial pur-poses in Harris County The application and fees were received on August 14 2017 Additional information and fees were received on September 21 and September 26 2017 The application was declared administratively complete and filed with the Office of the Chief Clerk on October 24 2017 The Executive Director completed the technical review of the application and prepared a draft permit The draft permit if granted would include special conditions including but not limited to installing a measuring device for diversions The application tech-nical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 78753 Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below by February 9 2018

APPLICATION NO 18-2445A Camp Mystic Inc Route 2 Box 257 Hunt Texas 78024 Applicant seeks to amend Certificate of Adjudi-cation No 18-2445 to authorize an existing dam and reservoir with a capacity of 15 acre-feet on Cypress Creek Guadalupe River Basin for recreational purposes in Kerr County The application does not re-quest a new appropriation of water or to increase the amount of water

43 TexReg 800 February 9 2018 Texas Register

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authorized to be stored taken or diverted The application and partial fees were received on April 28 2015 Additional information and fees were received on October 5 and October 27 2016 and June 23 2017 The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on July 12 2017 The Ex-ecutive Director has completed the technical review of the application and prepared a draft amendment The amendment if granted would include special conditions including but not limited to maintaining the reservoir full at all time with an alternate source of water The ap-plication technical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 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 sec-tion below within 30 days of the date of newspaper publication of the notice

To view the complete issued notice view the notice on our website at wwwtceqtexasgovagencyccpub_noticehtml or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete no-tice 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 con-tested 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) applicants name and permit number (3) the statement [Iwe] 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 applica-tion 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 re-quested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Com-mission 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 PO Box 13087 Austin Texas 78711-3087 For infor-mation concerning the hearing process please contact the Public Inter-est Counsel MC 103 at the same address For additional information individual members of the general public may contact the Public Edu-cation Program at (800) 687-4040 General information regarding the TCEQ can be found at our website at wwwtceqtexasgov Si desea informacioacuten en espantildeol puede llamar al (800) 687-4040 TRD-201800402 Bridget C Bohac Chief Clerk Texas Commission on Environmental Quality Filed January 31 2018

diams diams diams Update to the Water Quality Management Plan

The Texas Commission on Environmental Quality (TCEQ or commis-sion) requests comments from the public on the draft January 2018 Up-date to the WQMP for the State of Texas

Download the draft January 2018 WQMP Update at httpswwwtceqtexasgovpermittingwqmpWQmanagement_up-dateshtml or view a printed copy at the TCEQ Library Building A 12100 Park 35 Circle Austin Texas

The WQMP is developed and promulgated in accordance with the re-quirements of Federal Clean Water Act sect208 The draft update in-cludes projected effluent limits of specific domestic dischargers which may be useful for planning in future permit actions The draft update may also contain service area populations for listed wastewater treat-ment facilities designated management agency information and total maximum daily load (TMDL) revisions

Once the commission certifies a WQMP update it is submitted to the United States Environmental Protection Agency (EPA) for approval For some Texas Pollutant Discharge Elimination System (TPDES) per-mits the EPAs approval of a corresponding WQMP update is a neces-sary precondition to TPDES permit issuance by the commission

Deadline

All comments must be received at the TCEQ no later than 500 pm on March 12 2018

How to Submit Comments

Comments must be submitted in writing to

Nancy Vignali

Texas Commission on Environmental Quality

Water Quality Division MC 150

PO Box 13087

Austin Texas 78711-3087

Comments may also be faxed to (512) 239-4420 but must be followed up with written comments by mail within three working days of the fax date or by the comment deadline whichever is sooner

For further information or questions please contact Ms Vignali at (512) 239-1303 or by email at NancyVignalitceqtexasgov TRD-201800378 Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Texas Ethics Commission List of Late Filers Below is a list from the Texas Ethics Commission naming the filers who failed to pay the penalty fine for failure to file the report or filing a late report in reference to the specified filing deadline If you have any questions you may contact Jennifer Griggs at (512) 463-5800

Deadline Personal Financial Statement due October 23 2017

00081802 - Michael Dokupil 4212 San Felipe Suite 410 Houston Texas 77027

TRD-201800306 Seana Willing Executive Director Texas Ethics Commission Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 801

Texas Lottery Commission Scratch Ticket Game Number 2071 Lucky Dog 10 Name and Style of Scratch Ticket Game

A The name of Scratch Ticket Game No 2071 is LUCKY DOG The play style is key symbol match

11 Price of Scratch Ticket Game

A The price for Scratch Ticket Game No 2071 shall be $100 per Scratch Ticket

12 Definitions in Scratch Ticket Game No 2071

A Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear

B Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket

C Play Symbol- The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize Each

Play Symbol is printed in Symbol font in black ink in positive except for dual-image games The possible black Play Symbols are

MAX PLAY SYMBOL CHARLIE PLAY SYMBOL COCO PLAY SYMBOL SPOT PLAY SYMBOL RUSS PLAY SYMBOL JACK PLAY SYMBOL FIDO PLAY SYMBOL MOLLY PLAY SYMBOL BRUCE PLAY SYMBOL ROCKY PLAY SYMBOL LOLA PLAY SYMBOL ROVER PLAY SYMBOL BUDDY PLAY SYMBOL DUKE PLAY SYMBOL SPIKE PLAY SYMBOL SOPHIE PLAY SYMBOL BUSTER PLAY SYBMOL RUFUS PLAY SYMBOL DINO PLAY SYMBOL SADIE PLAY SYMBOL GINGER PLAY SYMBOL BAILEY PLAY SYMBOL $1 $2 $5 $10 $20 $50 $100 and $500

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

43 TexReg 802 February 9 2018 Texas Register

IN ADDITION February 9 2018 43 TexReg 803

E Serial Number- A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket The Serial Number is for validation purposes and cannot be used to play the game The format will be 0000000000000

F Bar Code - A 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 Scratch Ticket number and the ten (10) digit Validation Number The Bar Code appears on the back of the Scratch Ticket

G Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2071) a seven (7) digit Pack number and a three (3) digit Scratch Ticket number Scratch Ticket numbers start with 001 and end with 150 within each Pack The format will be 2071-0000001-001

H Pack - A Pack of the LUCKY DOG Scratch Ticket Game contains 150 Tickets packed in plastic shrink-wrapping and fanfolded in pages of five (5) Tickets 001 to 005 will be on the top page Tickets 006 to 010 on the next page etc and Tickets 146 to 150 will be on the last page with backs exposed Ticket 001 will be folded over so the front of Ticket 001 and 010 will be exposed

I Non-Winning Scratch Ticket - A Scratch Ticket which is not pro-grammed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures the State Lottery Act (Texas Government Code Chapter 466) and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401

J Scratch Ticket Game Scratch Ticket or Ticket - Texas Lottery LUCKY DOG Scratch Ticket Game No 2071

20 Determination of Prize Winners The determination of prize win-ners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401302 Scratch Ticket Game Rules these Game Procedures and the requirements set out on the back of each Scratch Ticket A prize winner in the LUCKY DOG Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 8 (eight) Play Symbols If a player matches any of the YOUR DOGS Play Symbols to the WINNING DOG Play Symbol the player wins the PRIZE for that dog No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket

21 Scratch Ticket Validation Requirements

A To be a valid Scratch Ticket all of the following requirements must be met

1 Exactly 8 (eight) Play Symbols must appear under the Latex Over-print on the front portion of the Scratch Ticket

2 Each of the Play Symbols must have a Play Symbol Caption under-neath unless specified and each Play Symbol must agree with its Play Symbol Caption

3 Each of the Play Symbols must be present in its entirety and be fully legible

4 Each of the Play Symbols must be printed in black ink except for dual image games

5 The Scratch Ticket shall be intact

6 The Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be present in their entirety and be fully legible

7 The Serial Number must correspond using the Texas Lotterys codes to the Play Symbols on the Scratch Ticket

8 The Scratch Ticket must not have a hole punched through it be mutilated altered unreadable reconstituted or tampered with in any manner

9 The Scratch Ticket must not be counterfeit in whole or in part

10 The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner

11 The Scratch Ticket must not have been stolen nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery

12 The Play Symbols Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be right side up and not reversed in any manner

13 The Scratch Ticket must be complete and not miscut and have exactly 8 (eight) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket exactly one Serial Number exactly one Retailer Validation Code and exactly one Pack-Scratch Ticket Number on the Scratch Ticket

14 The Serial Number of an apparent winning Scratch Ticket shall cor-respond with the Texas Lotterys Serial Numbers for winning Scratch Tickets and a Scratch Ticket with that Serial Number shall not have been paid previously

15 The Scratch Ticket must not be blank or partially blank misregis-tered defective or printed or produced in error

16 Each of the 8 (eight) Play Symbols must be exactly one of those described in Section 12C of these Game Procedures

17 Each of the 8 (eight) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery

18 The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery and

19 The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines

B The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures the Texas Lotterys Rules governing the award of prizes of the amount to be validated and any confidential validation and security tests of the Texas Lottery

C Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid However the Executive Director may solely at the Executive Directors discretion refund the retail sales price of the Scratch Ticket In the event a de-fective Scratch Ticket is purchased the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket solely at the Executive Directors discretion

22 Programmed Game Parameters

A Consecutive Non-Winning Tickets within a Pack will not have matching patterns in the same order of either Play Symbols or Prize Symbols

43 TexReg 804 February 9 2018 Texas Register

B The top Prize Symbol will appear on every Ticket unless restricted by other parameters play action or prize structure

C No matching non-winning YOUR DOGS Play Symbols on a Ticket

D A non-winning Prize Symbol will never match a winning Prize Sym-bol

E No matching non-winning Prize Symbols on a Ticket unless re-stricted by other parameters play action or prize structure

23 Procedure for Claiming Prizes

A To claim a LUCKY DOG Scratch Ticket Game prize of $100 $200 $500 $1000 $2000 $5000 $100 or $500 a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer The Texas Lottery Retailer shall verify the claim and if valid and upon presentation of proper identification if appropriate make payment of the amount due the claimant and physically void the Scratch Ticket provided that the Texas Lottery Retailer may but is not required to pay a $5000 $100 or $500 Scratch Ticket Game In the event the Texas Lottery Retailer cannot verify the claim the Texas Lottery Retailer shall provide the claimant with a claim form and in-struct 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 23B of these Game Procedures

B As an alternative method of claiming a LUCKY DOG Scratch Ticket Game prize the claimant must sign the winning Scratch Ticket thoroughly complete a claim form and mail both to Texas Lottery Commission PO Box 16600 Austin Texas 78761-6600 The Texas Lottery is not responsible for Scratch Tickets lost in the mail In the event that the claim is not validated by the Texas Lottery the claim shall be denied and the claimant shall be notified promptly

C Prior to payment by the Texas Lottery of any prize the Texas Lottery shall deduct

1 A sufficient amount from the winnings of a prize winner who has been finally determined to be

a delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code sect403055

b in default on a loan made under Chapter 52 Education Code or

c in default on a loan guaranteed under Chapter 57 Education Code and

2 delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231 Family Code

D If a person is indebted or owes delinquent taxes to the State other than those specified in the preceding paragraph the winnings of a per-son shall be withheld until the debt or taxes are paid

24 Allowance for Delay of Payment The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director under any of the following circumstances

A if a dispute occurs or it appears likely that a dispute may occur regarding the prize

B if there is any question regarding the identity of the claimant

C if there is any question regarding the validity of the Scratch Ticket presented for payment or

D if the claim is subject to any deduction from the payment otherwise due as described in Section 23C of these Game Procedures No liabil-ity for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim

25 Payment of Prizes to Persons Under 18 If a person under the age of 18 years is entitled to a cash prize under $600 from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deliver to an adult member of the minors family or the minors guardian a check or war-rant in the amount of the prize payable to the order of the minor

26 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deposit the amount of the prize in a custodial bank account with an adult member of the minors family or the minors guardian serving as custodian for the minor

27 Scratch Ticket Claim Period All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military person-nel as set forth in Texas Government Code sect466408 Any rights to a prize that is not claimed within that period and in the manner specified in these Game Procedures and on the back of each Scratch Ticket shall be forfeited

28 Disclaimer The number of prizes in a game is approximate based on the number of Scratch Tickets ordered The number of actual prizes available in a game may vary based on number of Scratch Tickets man-ufactured testing distribution sales and number of prizes claimed A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed

30 Scratch Ticket Ownership

A Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket When a signature is placed on the back of the Scratch Ticket in the space designated the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto Notwithstanding any name or names submitted on a claim form the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated If more than one name appears on the back of the Scratch Ticket the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment

B The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket

40 Number and Value of Scratch Ticket Prizes There will be approx-imately 9120000 Scratch Tickets in Scratch Ticket Game No 2071 The approximate number and value of prizes in the game are as fol-lows

IN ADDITION February 9 2018 43 TexReg 805

A The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission

50 End of the Scratch Ticket Game The Executive Director may at any time announce a closing date (end date) for the Scratch Ticket Game No 2071 without advance notice at which point no further Scratch Tickets in that game may be sold The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Scratch Ticket Game Rules See 16 TAC sect401302(j)

60 Governing Law In purchasing a Scratch Ticket the player agrees to comply with and abide by these Game Procedures for Scratch Ticket Game No 2071 the State Lottery Act (Texas Government Code Chap-ter 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-201800382 Bob Biard General Counsel Texas Lottery Commission Filed January 30 2018

diams diams diams Public Utility Commission of Texas Major Consulting Services Contract RFP No 473-17-00005 Project No 47410

Contract No 473-17-00005 for a financial audit of the Texas Universal Service Fund and internal control audit of the Texas Universal Service Fund Administrator

Consultant

Hurlbert CPA LLC

PO Box 615

Liberty MO 64063

Contract No 473-17-00005 expires April 30 2021

Compensation $159000

Contractor will submit a draft audit for FY 2017 by March 15 2018 and a final audit by May 15 2018

For FY 2018 2019 2020 - Draft audit due by the last working day in January following the close of the fiscal year audited Final audit due by the last working day in March following the close of the fiscal year audited

Public Utility Commission of Texas

1701 N Congress Avenue

Austin TX 78711

Point of contact jaystonepuctexasgov

Publication in Texas Register after entering into major consulting ser-vices contract required by Texas Government Code sect2254030 TRD-201800380

43 TexReg 806 February 9 2018 Texas Register

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Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Service Provider Certificate of Operating Authority

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 29 2018 in accordance with Public Utility Regulatory Act sectsect54151 - 54156

Docket Title and Number Application of Aeon Communications LLC for an Amendment to its Service Provider Certificate of Operating Au-thority Docket Number 47993

Applicant seeks to amend service provider certificate of operating au-thority number 60882 to reflect discontinuation of certain telecommu-nications services and to permanently withdraw from offering any ser-vices in the State of Texas

Persons wishing to comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than February 23 2018 Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47993 TRD-201800391 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 24 2018 to amend certificates of convenience and necessity in Medina County

Docket Style and Number Application of the City of Castroville to Amend its Water Certificate of Convenience and Necessity and to De-certify a Portion of New Alsace Water Supply Corporations Service Area in Medina County Docket Number 47985

The Application The City of Castroville filed an application to amend its water certificate of convenience and necessity (CCN) No 10218 and to decertify a portion of New Alsace Water Supply Corporations service area under CCN No 12558 in Medina County The total area being requested includes approximately 7 acres and no current cus-tomers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47985 TRD-201800384 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

Notice of Application to Amend Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Util-ity Commission of Texas on January 17 2018 to amend a certificate of convenience and necessity (CCN) in Hays County

Docket Style and Number Application of the City of Dripping Springs to Amend a Water Certificate of Convenience and Necessity in Hays County Docket Number 47957

The Application The City of Dripping Springs filed an application to amend its water CCN No 13030 to add service area in Hays County The total area being requested includes approximately 522 acres and zero current customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47957 TRD-201800386 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend Water Certificates of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Com-mission of Texas (commission) on January 23 2018 of an applica-tion to amend water certificates of convenience and necessity (CCN) in Rockwall and Kaufman Counties

Docket Style and Number Application of the City of Heath to Amend a Water Certificate of Convenience and Necessity Under Water Code sect13255 and to Decertify a Portion of Forney Lake Water Supply Cor-porations Service Area in Rockwall and Kaufman Counties Docket Number 47979

The Application The City of Heath filed an application to amend water CCN No 12060 to provide water service to the Forney Lake Water Supply Corporations (FLWS) CCN area and to decertify a portion of the FLWS CCN No 10086 in Rockwall and Kaufman Counties The total area being removed from CCN No 10086 includes approximately 2600 acres and 839 customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47979 TRD-201800330 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 807

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Texas Racing Commission Notice of Deadline Pursuant to sect313 of the Texas Racing Act Texas Revised Civil Statutes Ann Art 179e and Title 16 Texas Administrative Code sect309299 the Executive Director for the Texas Racing Commission provides notice that Monday March 1 2018 is the deadline to request Commission recognition as the horsemens representative organization

Section 313 of the Texas Racing Act authorizes the Commission to recognize an organization to represent members of a segment of the racing industry including owners breeders trainers kennel operators and other persons involved in the racing industry In 16 TAC sect309299 the Commission has adopted criteria for being recognized as the organ-ization to represent horse owners and trainers This organization will be responsible for negotiating with each licensed racetrack regarding the racetracks live racing programs including but not limited to the allocation of purse money to various live races the exporting of simul-cast signals and the importing of simulcast signals during live race meetings

To be eligible for recognition as the horsemens representative organi-zation each officer and director of the organization during the two-year

term of the recognition must be licensed by the Commission as an owner or trainer The Commission will also review the experience and qualifications of the organizations directors executive officers and management personnel the organizations benevolence programs and the degree to which the organizations membership represents a fair and equitable cross-section of the horse owners and trainers participating at each of the racetracks in this state The organization is subject to audit by the Texas Racing Commission

To request recognition an organization must file a written request on a form prescribed by the Executive Director To obtain a copy of the form or for more information interested persons should contact Devon Bi-jansky General Counsel Texas Racing Commission PO Box 12080 Austin Texas 78711-2080 (512) 833-6699 FAX (512) 833-6907 TRD-201800304 Devon Bijansky General Counsel Texas Racing Commission Filed January 24 2018

43 TexReg 808 February 9 2018 Texas Register

control procedures including volume measurement reconciliation of detailed inventory control records at least once a month in a manner sufficiently accurate to detect a release which equals or exceeds the sum of 10 of the total substance flow through for the month plus 130 gallons PENALTY $5607 STAFF ATTORNEY Ian Groetsch Litigation Division MC 175 (512) 239-2225 REGIONAL OFFICE Houston Regional Office 5425 Polk Street Suite H Houston Texas 77023-1452 (713) 767-3500

(7) COMPANY SEMINOLE VENTURES LLC dba Alsbury Food Mart DOCKET NUMBER 2017-0644-PST-E TCEQ ID NUMBER RN102021508 LOCATION 776 Northeast Alsbury Boulevard Burleson Tarrant County TYPE OF FACILITY underground stor-age tank (UST) system and a convenience store with retail sales of gasoline RULES VIOLATED TWC sect263475(c)(1) and 30 TAC sect33450(b)(1)(A) by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) TWC sect263475(d) and 30 TAC sect33449(a)(4) by failing to provide corrosion protection for the UST system and 30 TAC sect33410(b) and 30 TAC sect33451(c)(1) by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel PENALTY $7313 STAFF AT-TORNEY Isaac Ta Litigation Division MC 175 (512) 239-0683 REGIONAL OFFICE Dallas-Fort Worth Regional Office 2309 Gravel Drive Fort Worth Texas 76118-6951 (817) 588-5800 TRD-201800376 Charmaine Backens Director Litigation Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Notice of Public Hearing on Proposed Revisions The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revi-sions to 30 TAC Chapter 305 Consolidated Permits sect305541 under the requirements of Texas Government Code Chapter 2001 Subchap-ter B

The proposed rulemaking would amend sect305541 to adopt by refer-ence 40 Code of Federal Regulations Part 441 as published on June 14 2017 in the Federal Register (82 FedReg 27154 - 27178) and mi-nor corrections to the rule that were published in the Federal Register on June 26 2017 and July 5 2017 (82 FedReg 28777 82 FedReg 30997) The proposed rulemaking would also adopt by reference the United States Environmental Protection Agencys Effluent Limitations Guidelines and Standards for the Dental Category

The commission will hold a public hearing on this proposal in Austin on March 8 2018 at 200 pm in Building E Room 201S at the com-missions central office located at 12100 Park 35 Circle The hearing is structured for the receipt of oral or written comments by interested persons Individuals may present oral statements when called upon in order of registration Open discussion will not be permitted during the hearing however commission staff members will be available to dis-cuss the proposal 30 minutes prior to the hearing

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

Written comments may be submitted to Ms Kris Hogan MC 205 Office of Legal Services Texas Commission on Environ-mental Quality PO Box 13087 Austin Texas 78711-3087 or

faxed to (512) 239-4808 Electronic comments may be submitted at httpwww1tceqtexasgovrulesecomments File size restric-tions may apply to comments being submitted via the eComments system All comments should reference Rule Project Number 2017-009-305-OW The comment period closes on March 12 2018 Copies of the proposed rulemaking can be obtained from the commis-sions website at httpwwwtceqtexasgovrulespropose_adopthtml For further information please contact Laurie Fleet Wastewater Permitting Section at (512) 239-5445 TRD-201800346 Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 26 2018

diams diams diams Notice of Water Rights Application

Notices issued January 25 2018

APPLICATION NO 13340 The City of Wichita Falls 600 11th Street Room 209 Wichita Falls Texas 76301 Applicant seeks a temporary water use permit to divert and use not to exceed 20 acre-feet of wa-ter over a two-year period from Plum Creek at a maximum diversion rate of 022 cfs (100 gpm) for agricultural purposes in Wichita County The application and fees were received on September 23 2016 Ad-ditional information and fees were received on April 28 2017 The application was declared administratively complete and filed with the Office of the Chief Clerk on June 22 2017 The Executive Director completed the technical review of the application and prepared a draft permit The draft permit if granted would include special conditions including but not limited to installing a measuring device for diver-sions The application technical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 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 by February 9 2018

APPLICATION NO 13419 Magellan Terminals Holdings LP One Williams Center OTC-8 Tulsa Oklahoma 74172 Applicant seeks a temporary water use permit to divert and use not to exceed 200 acre-feet of water within a period of three years from a point on Buffalo Bayou (Houston Ship Channel) San Jacinto River Basin for industrial pur-poses in Harris County The application and fees were received on August 14 2017 Additional information and fees were received on September 21 and September 26 2017 The application was declared administratively complete and filed with the Office of the Chief Clerk on October 24 2017 The Executive Director completed the technical review of the application and prepared a draft permit The draft permit if granted would include special conditions including but not limited to installing a measuring device for diversions The application tech-nical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 78753 Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below by February 9 2018

APPLICATION NO 18-2445A Camp Mystic Inc Route 2 Box 257 Hunt Texas 78024 Applicant seeks to amend Certificate of Adjudi-cation No 18-2445 to authorize an existing dam and reservoir with a capacity of 15 acre-feet on Cypress Creek Guadalupe River Basin for recreational purposes in Kerr County The application does not re-quest a new appropriation of water or to increase the amount of water

43 TexReg 800 February 9 2018 Texas Register

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authorized to be stored taken or diverted The application and partial fees were received on April 28 2015 Additional information and fees were received on October 5 and October 27 2016 and June 23 2017 The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on July 12 2017 The Ex-ecutive Director has completed the technical review of the application and prepared a draft amendment The amendment if granted would include special conditions including but not limited to maintaining the reservoir full at all time with an alternate source of water The ap-plication technical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 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 sec-tion below within 30 days of the date of newspaper publication of the notice

To view the complete issued notice view the notice on our website at wwwtceqtexasgovagencyccpub_noticehtml or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete no-tice 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 con-tested 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) applicants name and permit number (3) the statement [Iwe] 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 applica-tion 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 re-quested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Com-mission 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 PO Box 13087 Austin Texas 78711-3087 For infor-mation concerning the hearing process please contact the Public Inter-est Counsel MC 103 at the same address For additional information individual members of the general public may contact the Public Edu-cation Program at (800) 687-4040 General information regarding the TCEQ can be found at our website at wwwtceqtexasgov Si desea informacioacuten en espantildeol puede llamar al (800) 687-4040 TRD-201800402 Bridget C Bohac Chief Clerk Texas Commission on Environmental Quality Filed January 31 2018

diams diams diams Update to the Water Quality Management Plan

The Texas Commission on Environmental Quality (TCEQ or commis-sion) requests comments from the public on the draft January 2018 Up-date to the WQMP for the State of Texas

Download the draft January 2018 WQMP Update at httpswwwtceqtexasgovpermittingwqmpWQmanagement_up-dateshtml or view a printed copy at the TCEQ Library Building A 12100 Park 35 Circle Austin Texas

The WQMP is developed and promulgated in accordance with the re-quirements of Federal Clean Water Act sect208 The draft update in-cludes projected effluent limits of specific domestic dischargers which may be useful for planning in future permit actions The draft update may also contain service area populations for listed wastewater treat-ment facilities designated management agency information and total maximum daily load (TMDL) revisions

Once the commission certifies a WQMP update it is submitted to the United States Environmental Protection Agency (EPA) for approval For some Texas Pollutant Discharge Elimination System (TPDES) per-mits the EPAs approval of a corresponding WQMP update is a neces-sary precondition to TPDES permit issuance by the commission

Deadline

All comments must be received at the TCEQ no later than 500 pm on March 12 2018

How to Submit Comments

Comments must be submitted in writing to

Nancy Vignali

Texas Commission on Environmental Quality

Water Quality Division MC 150

PO Box 13087

Austin Texas 78711-3087

Comments may also be faxed to (512) 239-4420 but must be followed up with written comments by mail within three working days of the fax date or by the comment deadline whichever is sooner

For further information or questions please contact Ms Vignali at (512) 239-1303 or by email at NancyVignalitceqtexasgov TRD-201800378 Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Texas Ethics Commission List of Late Filers Below is a list from the Texas Ethics Commission naming the filers who failed to pay the penalty fine for failure to file the report or filing a late report in reference to the specified filing deadline If you have any questions you may contact Jennifer Griggs at (512) 463-5800

Deadline Personal Financial Statement due October 23 2017

00081802 - Michael Dokupil 4212 San Felipe Suite 410 Houston Texas 77027

TRD-201800306 Seana Willing Executive Director Texas Ethics Commission Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 801

Texas Lottery Commission Scratch Ticket Game Number 2071 Lucky Dog 10 Name and Style of Scratch Ticket Game

A The name of Scratch Ticket Game No 2071 is LUCKY DOG The play style is key symbol match

11 Price of Scratch Ticket Game

A The price for Scratch Ticket Game No 2071 shall be $100 per Scratch Ticket

12 Definitions in Scratch Ticket Game No 2071

A Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear

B Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket

C Play Symbol- The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize Each

Play Symbol is printed in Symbol font in black ink in positive except for dual-image games The possible black Play Symbols are

MAX PLAY SYMBOL CHARLIE PLAY SYMBOL COCO PLAY SYMBOL SPOT PLAY SYMBOL RUSS PLAY SYMBOL JACK PLAY SYMBOL FIDO PLAY SYMBOL MOLLY PLAY SYMBOL BRUCE PLAY SYMBOL ROCKY PLAY SYMBOL LOLA PLAY SYMBOL ROVER PLAY SYMBOL BUDDY PLAY SYMBOL DUKE PLAY SYMBOL SPIKE PLAY SYMBOL SOPHIE PLAY SYMBOL BUSTER PLAY SYBMOL RUFUS PLAY SYMBOL DINO PLAY SYMBOL SADIE PLAY SYMBOL GINGER PLAY SYMBOL BAILEY PLAY SYMBOL $1 $2 $5 $10 $20 $50 $100 and $500

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

43 TexReg 802 February 9 2018 Texas Register

IN ADDITION February 9 2018 43 TexReg 803

E Serial Number- A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket The Serial Number is for validation purposes and cannot be used to play the game The format will be 0000000000000

F Bar Code - A 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 Scratch Ticket number and the ten (10) digit Validation Number The Bar Code appears on the back of the Scratch Ticket

G Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2071) a seven (7) digit Pack number and a three (3) digit Scratch Ticket number Scratch Ticket numbers start with 001 and end with 150 within each Pack The format will be 2071-0000001-001

H Pack - A Pack of the LUCKY DOG Scratch Ticket Game contains 150 Tickets packed in plastic shrink-wrapping and fanfolded in pages of five (5) Tickets 001 to 005 will be on the top page Tickets 006 to 010 on the next page etc and Tickets 146 to 150 will be on the last page with backs exposed Ticket 001 will be folded over so the front of Ticket 001 and 010 will be exposed

I Non-Winning Scratch Ticket - A Scratch Ticket which is not pro-grammed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures the State Lottery Act (Texas Government Code Chapter 466) and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401

J Scratch Ticket Game Scratch Ticket or Ticket - Texas Lottery LUCKY DOG Scratch Ticket Game No 2071

20 Determination of Prize Winners The determination of prize win-ners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401302 Scratch Ticket Game Rules these Game Procedures and the requirements set out on the back of each Scratch Ticket A prize winner in the LUCKY DOG Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 8 (eight) Play Symbols If a player matches any of the YOUR DOGS Play Symbols to the WINNING DOG Play Symbol the player wins the PRIZE for that dog No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket

21 Scratch Ticket Validation Requirements

A To be a valid Scratch Ticket all of the following requirements must be met

1 Exactly 8 (eight) Play Symbols must appear under the Latex Over-print on the front portion of the Scratch Ticket

2 Each of the Play Symbols must have a Play Symbol Caption under-neath unless specified and each Play Symbol must agree with its Play Symbol Caption

3 Each of the Play Symbols must be present in its entirety and be fully legible

4 Each of the Play Symbols must be printed in black ink except for dual image games

5 The Scratch Ticket shall be intact

6 The Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be present in their entirety and be fully legible

7 The Serial Number must correspond using the Texas Lotterys codes to the Play Symbols on the Scratch Ticket

8 The Scratch Ticket must not have a hole punched through it be mutilated altered unreadable reconstituted or tampered with in any manner

9 The Scratch Ticket must not be counterfeit in whole or in part

10 The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner

11 The Scratch Ticket must not have been stolen nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery

12 The Play Symbols Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be right side up and not reversed in any manner

13 The Scratch Ticket must be complete and not miscut and have exactly 8 (eight) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket exactly one Serial Number exactly one Retailer Validation Code and exactly one Pack-Scratch Ticket Number on the Scratch Ticket

14 The Serial Number of an apparent winning Scratch Ticket shall cor-respond with the Texas Lotterys Serial Numbers for winning Scratch Tickets and a Scratch Ticket with that Serial Number shall not have been paid previously

15 The Scratch Ticket must not be blank or partially blank misregis-tered defective or printed or produced in error

16 Each of the 8 (eight) Play Symbols must be exactly one of those described in Section 12C of these Game Procedures

17 Each of the 8 (eight) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery

18 The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery and

19 The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines

B The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures the Texas Lotterys Rules governing the award of prizes of the amount to be validated and any confidential validation and security tests of the Texas Lottery

C Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid However the Executive Director may solely at the Executive Directors discretion refund the retail sales price of the Scratch Ticket In the event a de-fective Scratch Ticket is purchased the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket solely at the Executive Directors discretion

22 Programmed Game Parameters

A Consecutive Non-Winning Tickets within a Pack will not have matching patterns in the same order of either Play Symbols or Prize Symbols

43 TexReg 804 February 9 2018 Texas Register

B The top Prize Symbol will appear on every Ticket unless restricted by other parameters play action or prize structure

C No matching non-winning YOUR DOGS Play Symbols on a Ticket

D A non-winning Prize Symbol will never match a winning Prize Sym-bol

E No matching non-winning Prize Symbols on a Ticket unless re-stricted by other parameters play action or prize structure

23 Procedure for Claiming Prizes

A To claim a LUCKY DOG Scratch Ticket Game prize of $100 $200 $500 $1000 $2000 $5000 $100 or $500 a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer The Texas Lottery Retailer shall verify the claim and if valid and upon presentation of proper identification if appropriate make payment of the amount due the claimant and physically void the Scratch Ticket provided that the Texas Lottery Retailer may but is not required to pay a $5000 $100 or $500 Scratch Ticket Game In the event the Texas Lottery Retailer cannot verify the claim the Texas Lottery Retailer shall provide the claimant with a claim form and in-struct 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 23B of these Game Procedures

B As an alternative method of claiming a LUCKY DOG Scratch Ticket Game prize the claimant must sign the winning Scratch Ticket thoroughly complete a claim form and mail both to Texas Lottery Commission PO Box 16600 Austin Texas 78761-6600 The Texas Lottery is not responsible for Scratch Tickets lost in the mail In the event that the claim is not validated by the Texas Lottery the claim shall be denied and the claimant shall be notified promptly

C Prior to payment by the Texas Lottery of any prize the Texas Lottery shall deduct

1 A sufficient amount from the winnings of a prize winner who has been finally determined to be

a delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code sect403055

b in default on a loan made under Chapter 52 Education Code or

c in default on a loan guaranteed under Chapter 57 Education Code and

2 delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231 Family Code

D If a person is indebted or owes delinquent taxes to the State other than those specified in the preceding paragraph the winnings of a per-son shall be withheld until the debt or taxes are paid

24 Allowance for Delay of Payment The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director under any of the following circumstances

A if a dispute occurs or it appears likely that a dispute may occur regarding the prize

B if there is any question regarding the identity of the claimant

C if there is any question regarding the validity of the Scratch Ticket presented for payment or

D if the claim is subject to any deduction from the payment otherwise due as described in Section 23C of these Game Procedures No liabil-ity for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim

25 Payment of Prizes to Persons Under 18 If a person under the age of 18 years is entitled to a cash prize under $600 from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deliver to an adult member of the minors family or the minors guardian a check or war-rant in the amount of the prize payable to the order of the minor

26 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deposit the amount of the prize in a custodial bank account with an adult member of the minors family or the minors guardian serving as custodian for the minor

27 Scratch Ticket Claim Period All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military person-nel as set forth in Texas Government Code sect466408 Any rights to a prize that is not claimed within that period and in the manner specified in these Game Procedures and on the back of each Scratch Ticket shall be forfeited

28 Disclaimer The number of prizes in a game is approximate based on the number of Scratch Tickets ordered The number of actual prizes available in a game may vary based on number of Scratch Tickets man-ufactured testing distribution sales and number of prizes claimed A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed

30 Scratch Ticket Ownership

A Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket When a signature is placed on the back of the Scratch Ticket in the space designated the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto Notwithstanding any name or names submitted on a claim form the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated If more than one name appears on the back of the Scratch Ticket the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment

B The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket

40 Number and Value of Scratch Ticket Prizes There will be approx-imately 9120000 Scratch Tickets in Scratch Ticket Game No 2071 The approximate number and value of prizes in the game are as fol-lows

IN ADDITION February 9 2018 43 TexReg 805

A The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission

50 End of the Scratch Ticket Game The Executive Director may at any time announce a closing date (end date) for the Scratch Ticket Game No 2071 without advance notice at which point no further Scratch Tickets in that game may be sold The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Scratch Ticket Game Rules See 16 TAC sect401302(j)

60 Governing Law In purchasing a Scratch Ticket the player agrees to comply with and abide by these Game Procedures for Scratch Ticket Game No 2071 the State Lottery Act (Texas Government Code Chap-ter 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-201800382 Bob Biard General Counsel Texas Lottery Commission Filed January 30 2018

diams diams diams Public Utility Commission of Texas Major Consulting Services Contract RFP No 473-17-00005 Project No 47410

Contract No 473-17-00005 for a financial audit of the Texas Universal Service Fund and internal control audit of the Texas Universal Service Fund Administrator

Consultant

Hurlbert CPA LLC

PO Box 615

Liberty MO 64063

Contract No 473-17-00005 expires April 30 2021

Compensation $159000

Contractor will submit a draft audit for FY 2017 by March 15 2018 and a final audit by May 15 2018

For FY 2018 2019 2020 - Draft audit due by the last working day in January following the close of the fiscal year audited Final audit due by the last working day in March following the close of the fiscal year audited

Public Utility Commission of Texas

1701 N Congress Avenue

Austin TX 78711

Point of contact jaystonepuctexasgov

Publication in Texas Register after entering into major consulting ser-vices contract required by Texas Government Code sect2254030 TRD-201800380

43 TexReg 806 February 9 2018 Texas Register

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Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Service Provider Certificate of Operating Authority

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 29 2018 in accordance with Public Utility Regulatory Act sectsect54151 - 54156

Docket Title and Number Application of Aeon Communications LLC for an Amendment to its Service Provider Certificate of Operating Au-thority Docket Number 47993

Applicant seeks to amend service provider certificate of operating au-thority number 60882 to reflect discontinuation of certain telecommu-nications services and to permanently withdraw from offering any ser-vices in the State of Texas

Persons wishing to comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than February 23 2018 Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47993 TRD-201800391 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 24 2018 to amend certificates of convenience and necessity in Medina County

Docket Style and Number Application of the City of Castroville to Amend its Water Certificate of Convenience and Necessity and to De-certify a Portion of New Alsace Water Supply Corporations Service Area in Medina County Docket Number 47985

The Application The City of Castroville filed an application to amend its water certificate of convenience and necessity (CCN) No 10218 and to decertify a portion of New Alsace Water Supply Corporations service area under CCN No 12558 in Medina County The total area being requested includes approximately 7 acres and no current cus-tomers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47985 TRD-201800384 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

Notice of Application to Amend Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Util-ity Commission of Texas on January 17 2018 to amend a certificate of convenience and necessity (CCN) in Hays County

Docket Style and Number Application of the City of Dripping Springs to Amend a Water Certificate of Convenience and Necessity in Hays County Docket Number 47957

The Application The City of Dripping Springs filed an application to amend its water CCN No 13030 to add service area in Hays County The total area being requested includes approximately 522 acres and zero current customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47957 TRD-201800386 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend Water Certificates of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Com-mission of Texas (commission) on January 23 2018 of an applica-tion to amend water certificates of convenience and necessity (CCN) in Rockwall and Kaufman Counties

Docket Style and Number Application of the City of Heath to Amend a Water Certificate of Convenience and Necessity Under Water Code sect13255 and to Decertify a Portion of Forney Lake Water Supply Cor-porations Service Area in Rockwall and Kaufman Counties Docket Number 47979

The Application The City of Heath filed an application to amend water CCN No 12060 to provide water service to the Forney Lake Water Supply Corporations (FLWS) CCN area and to decertify a portion of the FLWS CCN No 10086 in Rockwall and Kaufman Counties The total area being removed from CCN No 10086 includes approximately 2600 acres and 839 customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47979 TRD-201800330 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 807

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Texas Racing Commission Notice of Deadline Pursuant to sect313 of the Texas Racing Act Texas Revised Civil Statutes Ann Art 179e and Title 16 Texas Administrative Code sect309299 the Executive Director for the Texas Racing Commission provides notice that Monday March 1 2018 is the deadline to request Commission recognition as the horsemens representative organization

Section 313 of the Texas Racing Act authorizes the Commission to recognize an organization to represent members of a segment of the racing industry including owners breeders trainers kennel operators and other persons involved in the racing industry In 16 TAC sect309299 the Commission has adopted criteria for being recognized as the organ-ization to represent horse owners and trainers This organization will be responsible for negotiating with each licensed racetrack regarding the racetracks live racing programs including but not limited to the allocation of purse money to various live races the exporting of simul-cast signals and the importing of simulcast signals during live race meetings

To be eligible for recognition as the horsemens representative organi-zation each officer and director of the organization during the two-year

term of the recognition must be licensed by the Commission as an owner or trainer The Commission will also review the experience and qualifications of the organizations directors executive officers and management personnel the organizations benevolence programs and the degree to which the organizations membership represents a fair and equitable cross-section of the horse owners and trainers participating at each of the racetracks in this state The organization is subject to audit by the Texas Racing Commission

To request recognition an organization must file a written request on a form prescribed by the Executive Director To obtain a copy of the form or for more information interested persons should contact Devon Bi-jansky General Counsel Texas Racing Commission PO Box 12080 Austin Texas 78711-2080 (512) 833-6699 FAX (512) 833-6907 TRD-201800304 Devon Bijansky General Counsel Texas Racing Commission Filed January 24 2018

43 TexReg 808 February 9 2018 Texas Register

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authorized to be stored taken or diverted The application and partial fees were received on April 28 2015 Additional information and fees were received on October 5 and October 27 2016 and June 23 2017 The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on July 12 2017 The Ex-ecutive Director has completed the technical review of the application and prepared a draft amendment The amendment if granted would include special conditions including but not limited to maintaining the reservoir full at all time with an alternate source of water The ap-plication technical memoranda and Executive Directors draft permit are available for viewing and copying at the Office of the Chief Clerk 12100 Park 35 Circle Bldg F Austin Texas 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 sec-tion below within 30 days of the date of newspaper publication of the notice

To view the complete issued notice view the notice on our website at wwwtceqtexasgovagencyccpub_noticehtml or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete no-tice 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 con-tested 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) applicants name and permit number (3) the statement [Iwe] 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 applica-tion 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 re-quested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Com-mission 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 PO Box 13087 Austin Texas 78711-3087 For infor-mation concerning the hearing process please contact the Public Inter-est Counsel MC 103 at the same address For additional information individual members of the general public may contact the Public Edu-cation Program at (800) 687-4040 General information regarding the TCEQ can be found at our website at wwwtceqtexasgov Si desea informacioacuten en espantildeol puede llamar al (800) 687-4040 TRD-201800402 Bridget C Bohac Chief Clerk Texas Commission on Environmental Quality Filed January 31 2018

diams diams diams Update to the Water Quality Management Plan

The Texas Commission on Environmental Quality (TCEQ or commis-sion) requests comments from the public on the draft January 2018 Up-date to the WQMP for the State of Texas

Download the draft January 2018 WQMP Update at httpswwwtceqtexasgovpermittingwqmpWQmanagement_up-dateshtml or view a printed copy at the TCEQ Library Building A 12100 Park 35 Circle Austin Texas

The WQMP is developed and promulgated in accordance with the re-quirements of Federal Clean Water Act sect208 The draft update in-cludes projected effluent limits of specific domestic dischargers which may be useful for planning in future permit actions The draft update may also contain service area populations for listed wastewater treat-ment facilities designated management agency information and total maximum daily load (TMDL) revisions

Once the commission certifies a WQMP update it is submitted to the United States Environmental Protection Agency (EPA) for approval For some Texas Pollutant Discharge Elimination System (TPDES) per-mits the EPAs approval of a corresponding WQMP update is a neces-sary precondition to TPDES permit issuance by the commission

Deadline

All comments must be received at the TCEQ no later than 500 pm on March 12 2018

How to Submit Comments

Comments must be submitted in writing to

Nancy Vignali

Texas Commission on Environmental Quality

Water Quality Division MC 150

PO Box 13087

Austin Texas 78711-3087

Comments may also be faxed to (512) 239-4420 but must be followed up with written comments by mail within three working days of the fax date or by the comment deadline whichever is sooner

For further information or questions please contact Ms Vignali at (512) 239-1303 or by email at NancyVignalitceqtexasgov TRD-201800378 Robert Martinez Director Environmental Law Division Texas Commission on Environmental Quality Filed January 30 2018

diams diams diams Texas Ethics Commission List of Late Filers Below is a list from the Texas Ethics Commission naming the filers who failed to pay the penalty fine for failure to file the report or filing a late report in reference to the specified filing deadline If you have any questions you may contact Jennifer Griggs at (512) 463-5800

Deadline Personal Financial Statement due October 23 2017

00081802 - Michael Dokupil 4212 San Felipe Suite 410 Houston Texas 77027

TRD-201800306 Seana Willing Executive Director Texas Ethics Commission Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 801

Texas Lottery Commission Scratch Ticket Game Number 2071 Lucky Dog 10 Name and Style of Scratch Ticket Game

A The name of Scratch Ticket Game No 2071 is LUCKY DOG The play style is key symbol match

11 Price of Scratch Ticket Game

A The price for Scratch Ticket Game No 2071 shall be $100 per Scratch Ticket

12 Definitions in Scratch Ticket Game No 2071

A Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear

B Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket

C Play Symbol- The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize Each

Play Symbol is printed in Symbol font in black ink in positive except for dual-image games The possible black Play Symbols are

MAX PLAY SYMBOL CHARLIE PLAY SYMBOL COCO PLAY SYMBOL SPOT PLAY SYMBOL RUSS PLAY SYMBOL JACK PLAY SYMBOL FIDO PLAY SYMBOL MOLLY PLAY SYMBOL BRUCE PLAY SYMBOL ROCKY PLAY SYMBOL LOLA PLAY SYMBOL ROVER PLAY SYMBOL BUDDY PLAY SYMBOL DUKE PLAY SYMBOL SPIKE PLAY SYMBOL SOPHIE PLAY SYMBOL BUSTER PLAY SYBMOL RUFUS PLAY SYMBOL DINO PLAY SYMBOL SADIE PLAY SYMBOL GINGER PLAY SYMBOL BAILEY PLAY SYMBOL $1 $2 $5 $10 $20 $50 $100 and $500

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

43 TexReg 802 February 9 2018 Texas Register

IN ADDITION February 9 2018 43 TexReg 803

E Serial Number- A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket The Serial Number is for validation purposes and cannot be used to play the game The format will be 0000000000000

F Bar Code - A 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 Scratch Ticket number and the ten (10) digit Validation Number The Bar Code appears on the back of the Scratch Ticket

G Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2071) a seven (7) digit Pack number and a three (3) digit Scratch Ticket number Scratch Ticket numbers start with 001 and end with 150 within each Pack The format will be 2071-0000001-001

H Pack - A Pack of the LUCKY DOG Scratch Ticket Game contains 150 Tickets packed in plastic shrink-wrapping and fanfolded in pages of five (5) Tickets 001 to 005 will be on the top page Tickets 006 to 010 on the next page etc and Tickets 146 to 150 will be on the last page with backs exposed Ticket 001 will be folded over so the front of Ticket 001 and 010 will be exposed

I Non-Winning Scratch Ticket - A Scratch Ticket which is not pro-grammed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures the State Lottery Act (Texas Government Code Chapter 466) and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401

J Scratch Ticket Game Scratch Ticket or Ticket - Texas Lottery LUCKY DOG Scratch Ticket Game No 2071

20 Determination of Prize Winners The determination of prize win-ners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401302 Scratch Ticket Game Rules these Game Procedures and the requirements set out on the back of each Scratch Ticket A prize winner in the LUCKY DOG Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 8 (eight) Play Symbols If a player matches any of the YOUR DOGS Play Symbols to the WINNING DOG Play Symbol the player wins the PRIZE for that dog No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket

21 Scratch Ticket Validation Requirements

A To be a valid Scratch Ticket all of the following requirements must be met

1 Exactly 8 (eight) Play Symbols must appear under the Latex Over-print on the front portion of the Scratch Ticket

2 Each of the Play Symbols must have a Play Symbol Caption under-neath unless specified and each Play Symbol must agree with its Play Symbol Caption

3 Each of the Play Symbols must be present in its entirety and be fully legible

4 Each of the Play Symbols must be printed in black ink except for dual image games

5 The Scratch Ticket shall be intact

6 The Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be present in their entirety and be fully legible

7 The Serial Number must correspond using the Texas Lotterys codes to the Play Symbols on the Scratch Ticket

8 The Scratch Ticket must not have a hole punched through it be mutilated altered unreadable reconstituted or tampered with in any manner

9 The Scratch Ticket must not be counterfeit in whole or in part

10 The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner

11 The Scratch Ticket must not have been stolen nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery

12 The Play Symbols Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be right side up and not reversed in any manner

13 The Scratch Ticket must be complete and not miscut and have exactly 8 (eight) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket exactly one Serial Number exactly one Retailer Validation Code and exactly one Pack-Scratch Ticket Number on the Scratch Ticket

14 The Serial Number of an apparent winning Scratch Ticket shall cor-respond with the Texas Lotterys Serial Numbers for winning Scratch Tickets and a Scratch Ticket with that Serial Number shall not have been paid previously

15 The Scratch Ticket must not be blank or partially blank misregis-tered defective or printed or produced in error

16 Each of the 8 (eight) Play Symbols must be exactly one of those described in Section 12C of these Game Procedures

17 Each of the 8 (eight) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery

18 The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery and

19 The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines

B The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures the Texas Lotterys Rules governing the award of prizes of the amount to be validated and any confidential validation and security tests of the Texas Lottery

C Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid However the Executive Director may solely at the Executive Directors discretion refund the retail sales price of the Scratch Ticket In the event a de-fective Scratch Ticket is purchased the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket solely at the Executive Directors discretion

22 Programmed Game Parameters

A Consecutive Non-Winning Tickets within a Pack will not have matching patterns in the same order of either Play Symbols or Prize Symbols

43 TexReg 804 February 9 2018 Texas Register

B The top Prize Symbol will appear on every Ticket unless restricted by other parameters play action or prize structure

C No matching non-winning YOUR DOGS Play Symbols on a Ticket

D A non-winning Prize Symbol will never match a winning Prize Sym-bol

E No matching non-winning Prize Symbols on a Ticket unless re-stricted by other parameters play action or prize structure

23 Procedure for Claiming Prizes

A To claim a LUCKY DOG Scratch Ticket Game prize of $100 $200 $500 $1000 $2000 $5000 $100 or $500 a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer The Texas Lottery Retailer shall verify the claim and if valid and upon presentation of proper identification if appropriate make payment of the amount due the claimant and physically void the Scratch Ticket provided that the Texas Lottery Retailer may but is not required to pay a $5000 $100 or $500 Scratch Ticket Game In the event the Texas Lottery Retailer cannot verify the claim the Texas Lottery Retailer shall provide the claimant with a claim form and in-struct 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 23B of these Game Procedures

B As an alternative method of claiming a LUCKY DOG Scratch Ticket Game prize the claimant must sign the winning Scratch Ticket thoroughly complete a claim form and mail both to Texas Lottery Commission PO Box 16600 Austin Texas 78761-6600 The Texas Lottery is not responsible for Scratch Tickets lost in the mail In the event that the claim is not validated by the Texas Lottery the claim shall be denied and the claimant shall be notified promptly

C Prior to payment by the Texas Lottery of any prize the Texas Lottery shall deduct

1 A sufficient amount from the winnings of a prize winner who has been finally determined to be

a delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code sect403055

b in default on a loan made under Chapter 52 Education Code or

c in default on a loan guaranteed under Chapter 57 Education Code and

2 delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231 Family Code

D If a person is indebted or owes delinquent taxes to the State other than those specified in the preceding paragraph the winnings of a per-son shall be withheld until the debt or taxes are paid

24 Allowance for Delay of Payment The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director under any of the following circumstances

A if a dispute occurs or it appears likely that a dispute may occur regarding the prize

B if there is any question regarding the identity of the claimant

C if there is any question regarding the validity of the Scratch Ticket presented for payment or

D if the claim is subject to any deduction from the payment otherwise due as described in Section 23C of these Game Procedures No liabil-ity for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim

25 Payment of Prizes to Persons Under 18 If a person under the age of 18 years is entitled to a cash prize under $600 from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deliver to an adult member of the minors family or the minors guardian a check or war-rant in the amount of the prize payable to the order of the minor

26 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deposit the amount of the prize in a custodial bank account with an adult member of the minors family or the minors guardian serving as custodian for the minor

27 Scratch Ticket Claim Period All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military person-nel as set forth in Texas Government Code sect466408 Any rights to a prize that is not claimed within that period and in the manner specified in these Game Procedures and on the back of each Scratch Ticket shall be forfeited

28 Disclaimer The number of prizes in a game is approximate based on the number of Scratch Tickets ordered The number of actual prizes available in a game may vary based on number of Scratch Tickets man-ufactured testing distribution sales and number of prizes claimed A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed

30 Scratch Ticket Ownership

A Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket When a signature is placed on the back of the Scratch Ticket in the space designated the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto Notwithstanding any name or names submitted on a claim form the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated If more than one name appears on the back of the Scratch Ticket the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment

B The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket

40 Number and Value of Scratch Ticket Prizes There will be approx-imately 9120000 Scratch Tickets in Scratch Ticket Game No 2071 The approximate number and value of prizes in the game are as fol-lows

IN ADDITION February 9 2018 43 TexReg 805

A The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission

50 End of the Scratch Ticket Game The Executive Director may at any time announce a closing date (end date) for the Scratch Ticket Game No 2071 without advance notice at which point no further Scratch Tickets in that game may be sold The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Scratch Ticket Game Rules See 16 TAC sect401302(j)

60 Governing Law In purchasing a Scratch Ticket the player agrees to comply with and abide by these Game Procedures for Scratch Ticket Game No 2071 the State Lottery Act (Texas Government Code Chap-ter 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-201800382 Bob Biard General Counsel Texas Lottery Commission Filed January 30 2018

diams diams diams Public Utility Commission of Texas Major Consulting Services Contract RFP No 473-17-00005 Project No 47410

Contract No 473-17-00005 for a financial audit of the Texas Universal Service Fund and internal control audit of the Texas Universal Service Fund Administrator

Consultant

Hurlbert CPA LLC

PO Box 615

Liberty MO 64063

Contract No 473-17-00005 expires April 30 2021

Compensation $159000

Contractor will submit a draft audit for FY 2017 by March 15 2018 and a final audit by May 15 2018

For FY 2018 2019 2020 - Draft audit due by the last working day in January following the close of the fiscal year audited Final audit due by the last working day in March following the close of the fiscal year audited

Public Utility Commission of Texas

1701 N Congress Avenue

Austin TX 78711

Point of contact jaystonepuctexasgov

Publication in Texas Register after entering into major consulting ser-vices contract required by Texas Government Code sect2254030 TRD-201800380

43 TexReg 806 February 9 2018 Texas Register

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Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Service Provider Certificate of Operating Authority

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 29 2018 in accordance with Public Utility Regulatory Act sectsect54151 - 54156

Docket Title and Number Application of Aeon Communications LLC for an Amendment to its Service Provider Certificate of Operating Au-thority Docket Number 47993

Applicant seeks to amend service provider certificate of operating au-thority number 60882 to reflect discontinuation of certain telecommu-nications services and to permanently withdraw from offering any ser-vices in the State of Texas

Persons wishing to comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than February 23 2018 Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47993 TRD-201800391 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 24 2018 to amend certificates of convenience and necessity in Medina County

Docket Style and Number Application of the City of Castroville to Amend its Water Certificate of Convenience and Necessity and to De-certify a Portion of New Alsace Water Supply Corporations Service Area in Medina County Docket Number 47985

The Application The City of Castroville filed an application to amend its water certificate of convenience and necessity (CCN) No 10218 and to decertify a portion of New Alsace Water Supply Corporations service area under CCN No 12558 in Medina County The total area being requested includes approximately 7 acres and no current cus-tomers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47985 TRD-201800384 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

Notice of Application to Amend Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Util-ity Commission of Texas on January 17 2018 to amend a certificate of convenience and necessity (CCN) in Hays County

Docket Style and Number Application of the City of Dripping Springs to Amend a Water Certificate of Convenience and Necessity in Hays County Docket Number 47957

The Application The City of Dripping Springs filed an application to amend its water CCN No 13030 to add service area in Hays County The total area being requested includes approximately 522 acres and zero current customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47957 TRD-201800386 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend Water Certificates of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Com-mission of Texas (commission) on January 23 2018 of an applica-tion to amend water certificates of convenience and necessity (CCN) in Rockwall and Kaufman Counties

Docket Style and Number Application of the City of Heath to Amend a Water Certificate of Convenience and Necessity Under Water Code sect13255 and to Decertify a Portion of Forney Lake Water Supply Cor-porations Service Area in Rockwall and Kaufman Counties Docket Number 47979

The Application The City of Heath filed an application to amend water CCN No 12060 to provide water service to the Forney Lake Water Supply Corporations (FLWS) CCN area and to decertify a portion of the FLWS CCN No 10086 in Rockwall and Kaufman Counties The total area being removed from CCN No 10086 includes approximately 2600 acres and 839 customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47979 TRD-201800330 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 807

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Texas Racing Commission Notice of Deadline Pursuant to sect313 of the Texas Racing Act Texas Revised Civil Statutes Ann Art 179e and Title 16 Texas Administrative Code sect309299 the Executive Director for the Texas Racing Commission provides notice that Monday March 1 2018 is the deadline to request Commission recognition as the horsemens representative organization

Section 313 of the Texas Racing Act authorizes the Commission to recognize an organization to represent members of a segment of the racing industry including owners breeders trainers kennel operators and other persons involved in the racing industry In 16 TAC sect309299 the Commission has adopted criteria for being recognized as the organ-ization to represent horse owners and trainers This organization will be responsible for negotiating with each licensed racetrack regarding the racetracks live racing programs including but not limited to the allocation of purse money to various live races the exporting of simul-cast signals and the importing of simulcast signals during live race meetings

To be eligible for recognition as the horsemens representative organi-zation each officer and director of the organization during the two-year

term of the recognition must be licensed by the Commission as an owner or trainer The Commission will also review the experience and qualifications of the organizations directors executive officers and management personnel the organizations benevolence programs and the degree to which the organizations membership represents a fair and equitable cross-section of the horse owners and trainers participating at each of the racetracks in this state The organization is subject to audit by the Texas Racing Commission

To request recognition an organization must file a written request on a form prescribed by the Executive Director To obtain a copy of the form or for more information interested persons should contact Devon Bi-jansky General Counsel Texas Racing Commission PO Box 12080 Austin Texas 78711-2080 (512) 833-6699 FAX (512) 833-6907 TRD-201800304 Devon Bijansky General Counsel Texas Racing Commission Filed January 24 2018

43 TexReg 808 February 9 2018 Texas Register

Texas Lottery Commission Scratch Ticket Game Number 2071 Lucky Dog 10 Name and Style of Scratch Ticket Game

A The name of Scratch Ticket Game No 2071 is LUCKY DOG The play style is key symbol match

11 Price of Scratch Ticket Game

A The price for Scratch Ticket Game No 2071 shall be $100 per Scratch Ticket

12 Definitions in Scratch Ticket Game No 2071

A Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear

B Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket

C Play Symbol- The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize Each

Play Symbol is printed in Symbol font in black ink in positive except for dual-image games The possible black Play Symbols are

MAX PLAY SYMBOL CHARLIE PLAY SYMBOL COCO PLAY SYMBOL SPOT PLAY SYMBOL RUSS PLAY SYMBOL JACK PLAY SYMBOL FIDO PLAY SYMBOL MOLLY PLAY SYMBOL BRUCE PLAY SYMBOL ROCKY PLAY SYMBOL LOLA PLAY SYMBOL ROVER PLAY SYMBOL BUDDY PLAY SYMBOL DUKE PLAY SYMBOL SPIKE PLAY SYMBOL SOPHIE PLAY SYMBOL BUSTER PLAY SYBMOL RUFUS PLAY SYMBOL DINO PLAY SYMBOL SADIE PLAY SYMBOL GINGER PLAY SYMBOL BAILEY PLAY SYMBOL $1 $2 $5 $10 $20 $50 $100 and $500

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

43 TexReg 802 February 9 2018 Texas Register

IN ADDITION February 9 2018 43 TexReg 803

E Serial Number- A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket The Serial Number is for validation purposes and cannot be used to play the game The format will be 0000000000000

F Bar Code - A 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 Scratch Ticket number and the ten (10) digit Validation Number The Bar Code appears on the back of the Scratch Ticket

G Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2071) a seven (7) digit Pack number and a three (3) digit Scratch Ticket number Scratch Ticket numbers start with 001 and end with 150 within each Pack The format will be 2071-0000001-001

H Pack - A Pack of the LUCKY DOG Scratch Ticket Game contains 150 Tickets packed in plastic shrink-wrapping and fanfolded in pages of five (5) Tickets 001 to 005 will be on the top page Tickets 006 to 010 on the next page etc and Tickets 146 to 150 will be on the last page with backs exposed Ticket 001 will be folded over so the front of Ticket 001 and 010 will be exposed

I Non-Winning Scratch Ticket - A Scratch Ticket which is not pro-grammed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures the State Lottery Act (Texas Government Code Chapter 466) and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401

J Scratch Ticket Game Scratch Ticket or Ticket - Texas Lottery LUCKY DOG Scratch Ticket Game No 2071

20 Determination of Prize Winners The determination of prize win-ners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401302 Scratch Ticket Game Rules these Game Procedures and the requirements set out on the back of each Scratch Ticket A prize winner in the LUCKY DOG Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 8 (eight) Play Symbols If a player matches any of the YOUR DOGS Play Symbols to the WINNING DOG Play Symbol the player wins the PRIZE for that dog No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket

21 Scratch Ticket Validation Requirements

A To be a valid Scratch Ticket all of the following requirements must be met

1 Exactly 8 (eight) Play Symbols must appear under the Latex Over-print on the front portion of the Scratch Ticket

2 Each of the Play Symbols must have a Play Symbol Caption under-neath unless specified and each Play Symbol must agree with its Play Symbol Caption

3 Each of the Play Symbols must be present in its entirety and be fully legible

4 Each of the Play Symbols must be printed in black ink except for dual image games

5 The Scratch Ticket shall be intact

6 The Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be present in their entirety and be fully legible

7 The Serial Number must correspond using the Texas Lotterys codes to the Play Symbols on the Scratch Ticket

8 The Scratch Ticket must not have a hole punched through it be mutilated altered unreadable reconstituted or tampered with in any manner

9 The Scratch Ticket must not be counterfeit in whole or in part

10 The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner

11 The Scratch Ticket must not have been stolen nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery

12 The Play Symbols Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be right side up and not reversed in any manner

13 The Scratch Ticket must be complete and not miscut and have exactly 8 (eight) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket exactly one Serial Number exactly one Retailer Validation Code and exactly one Pack-Scratch Ticket Number on the Scratch Ticket

14 The Serial Number of an apparent winning Scratch Ticket shall cor-respond with the Texas Lotterys Serial Numbers for winning Scratch Tickets and a Scratch Ticket with that Serial Number shall not have been paid previously

15 The Scratch Ticket must not be blank or partially blank misregis-tered defective or printed or produced in error

16 Each of the 8 (eight) Play Symbols must be exactly one of those described in Section 12C of these Game Procedures

17 Each of the 8 (eight) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery

18 The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery and

19 The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines

B The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures the Texas Lotterys Rules governing the award of prizes of the amount to be validated and any confidential validation and security tests of the Texas Lottery

C Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid However the Executive Director may solely at the Executive Directors discretion refund the retail sales price of the Scratch Ticket In the event a de-fective Scratch Ticket is purchased the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket solely at the Executive Directors discretion

22 Programmed Game Parameters

A Consecutive Non-Winning Tickets within a Pack will not have matching patterns in the same order of either Play Symbols or Prize Symbols

43 TexReg 804 February 9 2018 Texas Register

B The top Prize Symbol will appear on every Ticket unless restricted by other parameters play action or prize structure

C No matching non-winning YOUR DOGS Play Symbols on a Ticket

D A non-winning Prize Symbol will never match a winning Prize Sym-bol

E No matching non-winning Prize Symbols on a Ticket unless re-stricted by other parameters play action or prize structure

23 Procedure for Claiming Prizes

A To claim a LUCKY DOG Scratch Ticket Game prize of $100 $200 $500 $1000 $2000 $5000 $100 or $500 a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer The Texas Lottery Retailer shall verify the claim and if valid and upon presentation of proper identification if appropriate make payment of the amount due the claimant and physically void the Scratch Ticket provided that the Texas Lottery Retailer may but is not required to pay a $5000 $100 or $500 Scratch Ticket Game In the event the Texas Lottery Retailer cannot verify the claim the Texas Lottery Retailer shall provide the claimant with a claim form and in-struct 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 23B of these Game Procedures

B As an alternative method of claiming a LUCKY DOG Scratch Ticket Game prize the claimant must sign the winning Scratch Ticket thoroughly complete a claim form and mail both to Texas Lottery Commission PO Box 16600 Austin Texas 78761-6600 The Texas Lottery is not responsible for Scratch Tickets lost in the mail In the event that the claim is not validated by the Texas Lottery the claim shall be denied and the claimant shall be notified promptly

C Prior to payment by the Texas Lottery of any prize the Texas Lottery shall deduct

1 A sufficient amount from the winnings of a prize winner who has been finally determined to be

a delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code sect403055

b in default on a loan made under Chapter 52 Education Code or

c in default on a loan guaranteed under Chapter 57 Education Code and

2 delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231 Family Code

D If a person is indebted or owes delinquent taxes to the State other than those specified in the preceding paragraph the winnings of a per-son shall be withheld until the debt or taxes are paid

24 Allowance for Delay of Payment The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director under any of the following circumstances

A if a dispute occurs or it appears likely that a dispute may occur regarding the prize

B if there is any question regarding the identity of the claimant

C if there is any question regarding the validity of the Scratch Ticket presented for payment or

D if the claim is subject to any deduction from the payment otherwise due as described in Section 23C of these Game Procedures No liabil-ity for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim

25 Payment of Prizes to Persons Under 18 If a person under the age of 18 years is entitled to a cash prize under $600 from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deliver to an adult member of the minors family or the minors guardian a check or war-rant in the amount of the prize payable to the order of the minor

26 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deposit the amount of the prize in a custodial bank account with an adult member of the minors family or the minors guardian serving as custodian for the minor

27 Scratch Ticket Claim Period All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military person-nel as set forth in Texas Government Code sect466408 Any rights to a prize that is not claimed within that period and in the manner specified in these Game Procedures and on the back of each Scratch Ticket shall be forfeited

28 Disclaimer The number of prizes in a game is approximate based on the number of Scratch Tickets ordered The number of actual prizes available in a game may vary based on number of Scratch Tickets man-ufactured testing distribution sales and number of prizes claimed A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed

30 Scratch Ticket Ownership

A Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket When a signature is placed on the back of the Scratch Ticket in the space designated the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto Notwithstanding any name or names submitted on a claim form the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated If more than one name appears on the back of the Scratch Ticket the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment

B The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket

40 Number and Value of Scratch Ticket Prizes There will be approx-imately 9120000 Scratch Tickets in Scratch Ticket Game No 2071 The approximate number and value of prizes in the game are as fol-lows

IN ADDITION February 9 2018 43 TexReg 805

A The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission

50 End of the Scratch Ticket Game The Executive Director may at any time announce a closing date (end date) for the Scratch Ticket Game No 2071 without advance notice at which point no further Scratch Tickets in that game may be sold The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Scratch Ticket Game Rules See 16 TAC sect401302(j)

60 Governing Law In purchasing a Scratch Ticket the player agrees to comply with and abide by these Game Procedures for Scratch Ticket Game No 2071 the State Lottery Act (Texas Government Code Chap-ter 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-201800382 Bob Biard General Counsel Texas Lottery Commission Filed January 30 2018

diams diams diams Public Utility Commission of Texas Major Consulting Services Contract RFP No 473-17-00005 Project No 47410

Contract No 473-17-00005 for a financial audit of the Texas Universal Service Fund and internal control audit of the Texas Universal Service Fund Administrator

Consultant

Hurlbert CPA LLC

PO Box 615

Liberty MO 64063

Contract No 473-17-00005 expires April 30 2021

Compensation $159000

Contractor will submit a draft audit for FY 2017 by March 15 2018 and a final audit by May 15 2018

For FY 2018 2019 2020 - Draft audit due by the last working day in January following the close of the fiscal year audited Final audit due by the last working day in March following the close of the fiscal year audited

Public Utility Commission of Texas

1701 N Congress Avenue

Austin TX 78711

Point of contact jaystonepuctexasgov

Publication in Texas Register after entering into major consulting ser-vices contract required by Texas Government Code sect2254030 TRD-201800380

43 TexReg 806 February 9 2018 Texas Register

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Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Service Provider Certificate of Operating Authority

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 29 2018 in accordance with Public Utility Regulatory Act sectsect54151 - 54156

Docket Title and Number Application of Aeon Communications LLC for an Amendment to its Service Provider Certificate of Operating Au-thority Docket Number 47993

Applicant seeks to amend service provider certificate of operating au-thority number 60882 to reflect discontinuation of certain telecommu-nications services and to permanently withdraw from offering any ser-vices in the State of Texas

Persons wishing to comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than February 23 2018 Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47993 TRD-201800391 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 24 2018 to amend certificates of convenience and necessity in Medina County

Docket Style and Number Application of the City of Castroville to Amend its Water Certificate of Convenience and Necessity and to De-certify a Portion of New Alsace Water Supply Corporations Service Area in Medina County Docket Number 47985

The Application The City of Castroville filed an application to amend its water certificate of convenience and necessity (CCN) No 10218 and to decertify a portion of New Alsace Water Supply Corporations service area under CCN No 12558 in Medina County The total area being requested includes approximately 7 acres and no current cus-tomers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47985 TRD-201800384 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

Notice of Application to Amend Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Util-ity Commission of Texas on January 17 2018 to amend a certificate of convenience and necessity (CCN) in Hays County

Docket Style and Number Application of the City of Dripping Springs to Amend a Water Certificate of Convenience and Necessity in Hays County Docket Number 47957

The Application The City of Dripping Springs filed an application to amend its water CCN No 13030 to add service area in Hays County The total area being requested includes approximately 522 acres and zero current customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47957 TRD-201800386 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend Water Certificates of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Com-mission of Texas (commission) on January 23 2018 of an applica-tion to amend water certificates of convenience and necessity (CCN) in Rockwall and Kaufman Counties

Docket Style and Number Application of the City of Heath to Amend a Water Certificate of Convenience and Necessity Under Water Code sect13255 and to Decertify a Portion of Forney Lake Water Supply Cor-porations Service Area in Rockwall and Kaufman Counties Docket Number 47979

The Application The City of Heath filed an application to amend water CCN No 12060 to provide water service to the Forney Lake Water Supply Corporations (FLWS) CCN area and to decertify a portion of the FLWS CCN No 10086 in Rockwall and Kaufman Counties The total area being removed from CCN No 10086 includes approximately 2600 acres and 839 customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47979 TRD-201800330 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 807

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Texas Racing Commission Notice of Deadline Pursuant to sect313 of the Texas Racing Act Texas Revised Civil Statutes Ann Art 179e and Title 16 Texas Administrative Code sect309299 the Executive Director for the Texas Racing Commission provides notice that Monday March 1 2018 is the deadline to request Commission recognition as the horsemens representative organization

Section 313 of the Texas Racing Act authorizes the Commission to recognize an organization to represent members of a segment of the racing industry including owners breeders trainers kennel operators and other persons involved in the racing industry In 16 TAC sect309299 the Commission has adopted criteria for being recognized as the organ-ization to represent horse owners and trainers This organization will be responsible for negotiating with each licensed racetrack regarding the racetracks live racing programs including but not limited to the allocation of purse money to various live races the exporting of simul-cast signals and the importing of simulcast signals during live race meetings

To be eligible for recognition as the horsemens representative organi-zation each officer and director of the organization during the two-year

term of the recognition must be licensed by the Commission as an owner or trainer The Commission will also review the experience and qualifications of the organizations directors executive officers and management personnel the organizations benevolence programs and the degree to which the organizations membership represents a fair and equitable cross-section of the horse owners and trainers participating at each of the racetracks in this state The organization is subject to audit by the Texas Racing Commission

To request recognition an organization must file a written request on a form prescribed by the Executive Director To obtain a copy of the form or for more information interested persons should contact Devon Bi-jansky General Counsel Texas Racing Commission PO Box 12080 Austin Texas 78711-2080 (512) 833-6699 FAX (512) 833-6907 TRD-201800304 Devon Bijansky General Counsel Texas Racing Commission Filed January 24 2018

43 TexReg 808 February 9 2018 Texas Register

IN ADDITION February 9 2018 43 TexReg 803

E Serial Number- A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket The Serial Number is for validation purposes and cannot be used to play the game The format will be 0000000000000

F Bar Code - A 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 Scratch Ticket number and the ten (10) digit Validation Number The Bar Code appears on the back of the Scratch Ticket

G Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2071) a seven (7) digit Pack number and a three (3) digit Scratch Ticket number Scratch Ticket numbers start with 001 and end with 150 within each Pack The format will be 2071-0000001-001

H Pack - A Pack of the LUCKY DOG Scratch Ticket Game contains 150 Tickets packed in plastic shrink-wrapping and fanfolded in pages of five (5) Tickets 001 to 005 will be on the top page Tickets 006 to 010 on the next page etc and Tickets 146 to 150 will be on the last page with backs exposed Ticket 001 will be folded over so the front of Ticket 001 and 010 will be exposed

I Non-Winning Scratch Ticket - A Scratch Ticket which is not pro-grammed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures the State Lottery Act (Texas Government Code Chapter 466) and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401

J Scratch Ticket Game Scratch Ticket or Ticket - Texas Lottery LUCKY DOG Scratch Ticket Game No 2071

20 Determination of Prize Winners The determination of prize win-ners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401302 Scratch Ticket Game Rules these Game Procedures and the requirements set out on the back of each Scratch Ticket A prize winner in the LUCKY DOG Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 8 (eight) Play Symbols If a player matches any of the YOUR DOGS Play Symbols to the WINNING DOG Play Symbol the player wins the PRIZE for that dog No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket

21 Scratch Ticket Validation Requirements

A To be a valid Scratch Ticket all of the following requirements must be met

1 Exactly 8 (eight) Play Symbols must appear under the Latex Over-print on the front portion of the Scratch Ticket

2 Each of the Play Symbols must have a Play Symbol Caption under-neath unless specified and each Play Symbol must agree with its Play Symbol Caption

3 Each of the Play Symbols must be present in its entirety and be fully legible

4 Each of the Play Symbols must be printed in black ink except for dual image games

5 The Scratch Ticket shall be intact

6 The Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be present in their entirety and be fully legible

7 The Serial Number must correspond using the Texas Lotterys codes to the Play Symbols on the Scratch Ticket

8 The Scratch Ticket must not have a hole punched through it be mutilated altered unreadable reconstituted or tampered with in any manner

9 The Scratch Ticket must not be counterfeit in whole or in part

10 The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner

11 The Scratch Ticket must not have been stolen nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery

12 The Play Symbols Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be right side up and not reversed in any manner

13 The Scratch Ticket must be complete and not miscut and have exactly 8 (eight) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket exactly one Serial Number exactly one Retailer Validation Code and exactly one Pack-Scratch Ticket Number on the Scratch Ticket

14 The Serial Number of an apparent winning Scratch Ticket shall cor-respond with the Texas Lotterys Serial Numbers for winning Scratch Tickets and a Scratch Ticket with that Serial Number shall not have been paid previously

15 The Scratch Ticket must not be blank or partially blank misregis-tered defective or printed or produced in error

16 Each of the 8 (eight) Play Symbols must be exactly one of those described in Section 12C of these Game Procedures

17 Each of the 8 (eight) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery

18 The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery and

19 The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines

B The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures the Texas Lotterys Rules governing the award of prizes of the amount to be validated and any confidential validation and security tests of the Texas Lottery

C Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid However the Executive Director may solely at the Executive Directors discretion refund the retail sales price of the Scratch Ticket In the event a de-fective Scratch Ticket is purchased the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket solely at the Executive Directors discretion

22 Programmed Game Parameters

A Consecutive Non-Winning Tickets within a Pack will not have matching patterns in the same order of either Play Symbols or Prize Symbols

43 TexReg 804 February 9 2018 Texas Register

B The top Prize Symbol will appear on every Ticket unless restricted by other parameters play action or prize structure

C No matching non-winning YOUR DOGS Play Symbols on a Ticket

D A non-winning Prize Symbol will never match a winning Prize Sym-bol

E No matching non-winning Prize Symbols on a Ticket unless re-stricted by other parameters play action or prize structure

23 Procedure for Claiming Prizes

A To claim a LUCKY DOG Scratch Ticket Game prize of $100 $200 $500 $1000 $2000 $5000 $100 or $500 a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer The Texas Lottery Retailer shall verify the claim and if valid and upon presentation of proper identification if appropriate make payment of the amount due the claimant and physically void the Scratch Ticket provided that the Texas Lottery Retailer may but is not required to pay a $5000 $100 or $500 Scratch Ticket Game In the event the Texas Lottery Retailer cannot verify the claim the Texas Lottery Retailer shall provide the claimant with a claim form and in-struct 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 23B of these Game Procedures

B As an alternative method of claiming a LUCKY DOG Scratch Ticket Game prize the claimant must sign the winning Scratch Ticket thoroughly complete a claim form and mail both to Texas Lottery Commission PO Box 16600 Austin Texas 78761-6600 The Texas Lottery is not responsible for Scratch Tickets lost in the mail In the event that the claim is not validated by the Texas Lottery the claim shall be denied and the claimant shall be notified promptly

C Prior to payment by the Texas Lottery of any prize the Texas Lottery shall deduct

1 A sufficient amount from the winnings of a prize winner who has been finally determined to be

a delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code sect403055

b in default on a loan made under Chapter 52 Education Code or

c in default on a loan guaranteed under Chapter 57 Education Code and

2 delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231 Family Code

D If a person is indebted or owes delinquent taxes to the State other than those specified in the preceding paragraph the winnings of a per-son shall be withheld until the debt or taxes are paid

24 Allowance for Delay of Payment The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director under any of the following circumstances

A if a dispute occurs or it appears likely that a dispute may occur regarding the prize

B if there is any question regarding the identity of the claimant

C if there is any question regarding the validity of the Scratch Ticket presented for payment or

D if the claim is subject to any deduction from the payment otherwise due as described in Section 23C of these Game Procedures No liabil-ity for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim

25 Payment of Prizes to Persons Under 18 If a person under the age of 18 years is entitled to a cash prize under $600 from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deliver to an adult member of the minors family or the minors guardian a check or war-rant in the amount of the prize payable to the order of the minor

26 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deposit the amount of the prize in a custodial bank account with an adult member of the minors family or the minors guardian serving as custodian for the minor

27 Scratch Ticket Claim Period All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military person-nel as set forth in Texas Government Code sect466408 Any rights to a prize that is not claimed within that period and in the manner specified in these Game Procedures and on the back of each Scratch Ticket shall be forfeited

28 Disclaimer The number of prizes in a game is approximate based on the number of Scratch Tickets ordered The number of actual prizes available in a game may vary based on number of Scratch Tickets man-ufactured testing distribution sales and number of prizes claimed A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed

30 Scratch Ticket Ownership

A Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket When a signature is placed on the back of the Scratch Ticket in the space designated the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto Notwithstanding any name or names submitted on a claim form the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated If more than one name appears on the back of the Scratch Ticket the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment

B The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket

40 Number and Value of Scratch Ticket Prizes There will be approx-imately 9120000 Scratch Tickets in Scratch Ticket Game No 2071 The approximate number and value of prizes in the game are as fol-lows

IN ADDITION February 9 2018 43 TexReg 805

A The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission

50 End of the Scratch Ticket Game The Executive Director may at any time announce a closing date (end date) for the Scratch Ticket Game No 2071 without advance notice at which point no further Scratch Tickets in that game may be sold The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Scratch Ticket Game Rules See 16 TAC sect401302(j)

60 Governing Law In purchasing a Scratch Ticket the player agrees to comply with and abide by these Game Procedures for Scratch Ticket Game No 2071 the State Lottery Act (Texas Government Code Chap-ter 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-201800382 Bob Biard General Counsel Texas Lottery Commission Filed January 30 2018

diams diams diams Public Utility Commission of Texas Major Consulting Services Contract RFP No 473-17-00005 Project No 47410

Contract No 473-17-00005 for a financial audit of the Texas Universal Service Fund and internal control audit of the Texas Universal Service Fund Administrator

Consultant

Hurlbert CPA LLC

PO Box 615

Liberty MO 64063

Contract No 473-17-00005 expires April 30 2021

Compensation $159000

Contractor will submit a draft audit for FY 2017 by March 15 2018 and a final audit by May 15 2018

For FY 2018 2019 2020 - Draft audit due by the last working day in January following the close of the fiscal year audited Final audit due by the last working day in March following the close of the fiscal year audited

Public Utility Commission of Texas

1701 N Congress Avenue

Austin TX 78711

Point of contact jaystonepuctexasgov

Publication in Texas Register after entering into major consulting ser-vices contract required by Texas Government Code sect2254030 TRD-201800380

43 TexReg 806 February 9 2018 Texas Register

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Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Service Provider Certificate of Operating Authority

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 29 2018 in accordance with Public Utility Regulatory Act sectsect54151 - 54156

Docket Title and Number Application of Aeon Communications LLC for an Amendment to its Service Provider Certificate of Operating Au-thority Docket Number 47993

Applicant seeks to amend service provider certificate of operating au-thority number 60882 to reflect discontinuation of certain telecommu-nications services and to permanently withdraw from offering any ser-vices in the State of Texas

Persons wishing to comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than February 23 2018 Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47993 TRD-201800391 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 24 2018 to amend certificates of convenience and necessity in Medina County

Docket Style and Number Application of the City of Castroville to Amend its Water Certificate of Convenience and Necessity and to De-certify a Portion of New Alsace Water Supply Corporations Service Area in Medina County Docket Number 47985

The Application The City of Castroville filed an application to amend its water certificate of convenience and necessity (CCN) No 10218 and to decertify a portion of New Alsace Water Supply Corporations service area under CCN No 12558 in Medina County The total area being requested includes approximately 7 acres and no current cus-tomers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47985 TRD-201800384 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

Notice of Application to Amend Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Util-ity Commission of Texas on January 17 2018 to amend a certificate of convenience and necessity (CCN) in Hays County

Docket Style and Number Application of the City of Dripping Springs to Amend a Water Certificate of Convenience and Necessity in Hays County Docket Number 47957

The Application The City of Dripping Springs filed an application to amend its water CCN No 13030 to add service area in Hays County The total area being requested includes approximately 522 acres and zero current customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47957 TRD-201800386 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend Water Certificates of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Com-mission of Texas (commission) on January 23 2018 of an applica-tion to amend water certificates of convenience and necessity (CCN) in Rockwall and Kaufman Counties

Docket Style and Number Application of the City of Heath to Amend a Water Certificate of Convenience and Necessity Under Water Code sect13255 and to Decertify a Portion of Forney Lake Water Supply Cor-porations Service Area in Rockwall and Kaufman Counties Docket Number 47979

The Application The City of Heath filed an application to amend water CCN No 12060 to provide water service to the Forney Lake Water Supply Corporations (FLWS) CCN area and to decertify a portion of the FLWS CCN No 10086 in Rockwall and Kaufman Counties The total area being removed from CCN No 10086 includes approximately 2600 acres and 839 customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47979 TRD-201800330 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 807

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Texas Racing Commission Notice of Deadline Pursuant to sect313 of the Texas Racing Act Texas Revised Civil Statutes Ann Art 179e and Title 16 Texas Administrative Code sect309299 the Executive Director for the Texas Racing Commission provides notice that Monday March 1 2018 is the deadline to request Commission recognition as the horsemens representative organization

Section 313 of the Texas Racing Act authorizes the Commission to recognize an organization to represent members of a segment of the racing industry including owners breeders trainers kennel operators and other persons involved in the racing industry In 16 TAC sect309299 the Commission has adopted criteria for being recognized as the organ-ization to represent horse owners and trainers This organization will be responsible for negotiating with each licensed racetrack regarding the racetracks live racing programs including but not limited to the allocation of purse money to various live races the exporting of simul-cast signals and the importing of simulcast signals during live race meetings

To be eligible for recognition as the horsemens representative organi-zation each officer and director of the organization during the two-year

term of the recognition must be licensed by the Commission as an owner or trainer The Commission will also review the experience and qualifications of the organizations directors executive officers and management personnel the organizations benevolence programs and the degree to which the organizations membership represents a fair and equitable cross-section of the horse owners and trainers participating at each of the racetracks in this state The organization is subject to audit by the Texas Racing Commission

To request recognition an organization must file a written request on a form prescribed by the Executive Director To obtain a copy of the form or for more information interested persons should contact Devon Bi-jansky General Counsel Texas Racing Commission PO Box 12080 Austin Texas 78711-2080 (512) 833-6699 FAX (512) 833-6907 TRD-201800304 Devon Bijansky General Counsel Texas Racing Commission Filed January 24 2018

43 TexReg 808 February 9 2018 Texas Register

E Serial Number- A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket The Serial Number is for validation purposes and cannot be used to play the game The format will be 0000000000000

F Bar Code - A 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 Scratch Ticket number and the ten (10) digit Validation Number The Bar Code appears on the back of the Scratch Ticket

G Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2071) a seven (7) digit Pack number and a three (3) digit Scratch Ticket number Scratch Ticket numbers start with 001 and end with 150 within each Pack The format will be 2071-0000001-001

H Pack - A Pack of the LUCKY DOG Scratch Ticket Game contains 150 Tickets packed in plastic shrink-wrapping and fanfolded in pages of five (5) Tickets 001 to 005 will be on the top page Tickets 006 to 010 on the next page etc and Tickets 146 to 150 will be on the last page with backs exposed Ticket 001 will be folded over so the front of Ticket 001 and 010 will be exposed

I Non-Winning Scratch Ticket - A Scratch Ticket which is not pro-grammed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures the State Lottery Act (Texas Government Code Chapter 466) and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401

J Scratch Ticket Game Scratch Ticket or Ticket - Texas Lottery LUCKY DOG Scratch Ticket Game No 2071

20 Determination of Prize Winners The determination of prize win-ners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401302 Scratch Ticket Game Rules these Game Procedures and the requirements set out on the back of each Scratch Ticket A prize winner in the LUCKY DOG Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 8 (eight) Play Symbols If a player matches any of the YOUR DOGS Play Symbols to the WINNING DOG Play Symbol the player wins the PRIZE for that dog No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket

21 Scratch Ticket Validation Requirements

A To be a valid Scratch Ticket all of the following requirements must be met

1 Exactly 8 (eight) Play Symbols must appear under the Latex Over-print on the front portion of the Scratch Ticket

2 Each of the Play Symbols must have a Play Symbol Caption under-neath unless specified and each Play Symbol must agree with its Play Symbol Caption

3 Each of the Play Symbols must be present in its entirety and be fully legible

4 Each of the Play Symbols must be printed in black ink except for dual image games

5 The Scratch Ticket shall be intact

6 The Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be present in their entirety and be fully legible

7 The Serial Number must correspond using the Texas Lotterys codes to the Play Symbols on the Scratch Ticket

8 The Scratch Ticket must not have a hole punched through it be mutilated altered unreadable reconstituted or tampered with in any manner

9 The Scratch Ticket must not be counterfeit in whole or in part

10 The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner

11 The Scratch Ticket must not have been stolen nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery

12 The Play Symbols Serial Number Retailer Validation Code and Pack-Scratch Ticket Number must be right side up and not reversed in any manner

13 The Scratch Ticket must be complete and not miscut and have exactly 8 (eight) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket exactly one Serial Number exactly one Retailer Validation Code and exactly one Pack-Scratch Ticket Number on the Scratch Ticket

14 The Serial Number of an apparent winning Scratch Ticket shall cor-respond with the Texas Lotterys Serial Numbers for winning Scratch Tickets and a Scratch Ticket with that Serial Number shall not have been paid previously

15 The Scratch Ticket must not be blank or partially blank misregis-tered defective or printed or produced in error

16 Each of the 8 (eight) Play Symbols must be exactly one of those described in Section 12C of these Game Procedures

17 Each of the 8 (eight) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery

18 The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery and

19 The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines

B The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures the Texas Lotterys Rules governing the award of prizes of the amount to be validated and any confidential validation and security tests of the Texas Lottery

C Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid However the Executive Director may solely at the Executive Directors discretion refund the retail sales price of the Scratch Ticket In the event a de-fective Scratch Ticket is purchased the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket solely at the Executive Directors discretion

22 Programmed Game Parameters

A Consecutive Non-Winning Tickets within a Pack will not have matching patterns in the same order of either Play Symbols or Prize Symbols

43 TexReg 804 February 9 2018 Texas Register

B The top Prize Symbol will appear on every Ticket unless restricted by other parameters play action or prize structure

C No matching non-winning YOUR DOGS Play Symbols on a Ticket

D A non-winning Prize Symbol will never match a winning Prize Sym-bol

E No matching non-winning Prize Symbols on a Ticket unless re-stricted by other parameters play action or prize structure

23 Procedure for Claiming Prizes

A To claim a LUCKY DOG Scratch Ticket Game prize of $100 $200 $500 $1000 $2000 $5000 $100 or $500 a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer The Texas Lottery Retailer shall verify the claim and if valid and upon presentation of proper identification if appropriate make payment of the amount due the claimant and physically void the Scratch Ticket provided that the Texas Lottery Retailer may but is not required to pay a $5000 $100 or $500 Scratch Ticket Game In the event the Texas Lottery Retailer cannot verify the claim the Texas Lottery Retailer shall provide the claimant with a claim form and in-struct 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 23B of these Game Procedures

B As an alternative method of claiming a LUCKY DOG Scratch Ticket Game prize the claimant must sign the winning Scratch Ticket thoroughly complete a claim form and mail both to Texas Lottery Commission PO Box 16600 Austin Texas 78761-6600 The Texas Lottery is not responsible for Scratch Tickets lost in the mail In the event that the claim is not validated by the Texas Lottery the claim shall be denied and the claimant shall be notified promptly

C Prior to payment by the Texas Lottery of any prize the Texas Lottery shall deduct

1 A sufficient amount from the winnings of a prize winner who has been finally determined to be

a delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code sect403055

b in default on a loan made under Chapter 52 Education Code or

c in default on a loan guaranteed under Chapter 57 Education Code and

2 delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231 Family Code

D If a person is indebted or owes delinquent taxes to the State other than those specified in the preceding paragraph the winnings of a per-son shall be withheld until the debt or taxes are paid

24 Allowance for Delay of Payment The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director under any of the following circumstances

A if a dispute occurs or it appears likely that a dispute may occur regarding the prize

B if there is any question regarding the identity of the claimant

C if there is any question regarding the validity of the Scratch Ticket presented for payment or

D if the claim is subject to any deduction from the payment otherwise due as described in Section 23C of these Game Procedures No liabil-ity for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim

25 Payment of Prizes to Persons Under 18 If a person under the age of 18 years is entitled to a cash prize under $600 from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deliver to an adult member of the minors family or the minors guardian a check or war-rant in the amount of the prize payable to the order of the minor

26 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deposit the amount of the prize in a custodial bank account with an adult member of the minors family or the minors guardian serving as custodian for the minor

27 Scratch Ticket Claim Period All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military person-nel as set forth in Texas Government Code sect466408 Any rights to a prize that is not claimed within that period and in the manner specified in these Game Procedures and on the back of each Scratch Ticket shall be forfeited

28 Disclaimer The number of prizes in a game is approximate based on the number of Scratch Tickets ordered The number of actual prizes available in a game may vary based on number of Scratch Tickets man-ufactured testing distribution sales and number of prizes claimed A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed

30 Scratch Ticket Ownership

A Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket When a signature is placed on the back of the Scratch Ticket in the space designated the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto Notwithstanding any name or names submitted on a claim form the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated If more than one name appears on the back of the Scratch Ticket the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment

B The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket

40 Number and Value of Scratch Ticket Prizes There will be approx-imately 9120000 Scratch Tickets in Scratch Ticket Game No 2071 The approximate number and value of prizes in the game are as fol-lows

IN ADDITION February 9 2018 43 TexReg 805

A The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission

50 End of the Scratch Ticket Game The Executive Director may at any time announce a closing date (end date) for the Scratch Ticket Game No 2071 without advance notice at which point no further Scratch Tickets in that game may be sold The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Scratch Ticket Game Rules See 16 TAC sect401302(j)

60 Governing Law In purchasing a Scratch Ticket the player agrees to comply with and abide by these Game Procedures for Scratch Ticket Game No 2071 the State Lottery Act (Texas Government Code Chap-ter 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-201800382 Bob Biard General Counsel Texas Lottery Commission Filed January 30 2018

diams diams diams Public Utility Commission of Texas Major Consulting Services Contract RFP No 473-17-00005 Project No 47410

Contract No 473-17-00005 for a financial audit of the Texas Universal Service Fund and internal control audit of the Texas Universal Service Fund Administrator

Consultant

Hurlbert CPA LLC

PO Box 615

Liberty MO 64063

Contract No 473-17-00005 expires April 30 2021

Compensation $159000

Contractor will submit a draft audit for FY 2017 by March 15 2018 and a final audit by May 15 2018

For FY 2018 2019 2020 - Draft audit due by the last working day in January following the close of the fiscal year audited Final audit due by the last working day in March following the close of the fiscal year audited

Public Utility Commission of Texas

1701 N Congress Avenue

Austin TX 78711

Point of contact jaystonepuctexasgov

Publication in Texas Register after entering into major consulting ser-vices contract required by Texas Government Code sect2254030 TRD-201800380

43 TexReg 806 February 9 2018 Texas Register

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Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Service Provider Certificate of Operating Authority

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 29 2018 in accordance with Public Utility Regulatory Act sectsect54151 - 54156

Docket Title and Number Application of Aeon Communications LLC for an Amendment to its Service Provider Certificate of Operating Au-thority Docket Number 47993

Applicant seeks to amend service provider certificate of operating au-thority number 60882 to reflect discontinuation of certain telecommu-nications services and to permanently withdraw from offering any ser-vices in the State of Texas

Persons wishing to comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than February 23 2018 Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47993 TRD-201800391 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 24 2018 to amend certificates of convenience and necessity in Medina County

Docket Style and Number Application of the City of Castroville to Amend its Water Certificate of Convenience and Necessity and to De-certify a Portion of New Alsace Water Supply Corporations Service Area in Medina County Docket Number 47985

The Application The City of Castroville filed an application to amend its water certificate of convenience and necessity (CCN) No 10218 and to decertify a portion of New Alsace Water Supply Corporations service area under CCN No 12558 in Medina County The total area being requested includes approximately 7 acres and no current cus-tomers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47985 TRD-201800384 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

Notice of Application to Amend Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Util-ity Commission of Texas on January 17 2018 to amend a certificate of convenience and necessity (CCN) in Hays County

Docket Style and Number Application of the City of Dripping Springs to Amend a Water Certificate of Convenience and Necessity in Hays County Docket Number 47957

The Application The City of Dripping Springs filed an application to amend its water CCN No 13030 to add service area in Hays County The total area being requested includes approximately 522 acres and zero current customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47957 TRD-201800386 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend Water Certificates of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Com-mission of Texas (commission) on January 23 2018 of an applica-tion to amend water certificates of convenience and necessity (CCN) in Rockwall and Kaufman Counties

Docket Style and Number Application of the City of Heath to Amend a Water Certificate of Convenience and Necessity Under Water Code sect13255 and to Decertify a Portion of Forney Lake Water Supply Cor-porations Service Area in Rockwall and Kaufman Counties Docket Number 47979

The Application The City of Heath filed an application to amend water CCN No 12060 to provide water service to the Forney Lake Water Supply Corporations (FLWS) CCN area and to decertify a portion of the FLWS CCN No 10086 in Rockwall and Kaufman Counties The total area being removed from CCN No 10086 includes approximately 2600 acres and 839 customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47979 TRD-201800330 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 807

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Texas Racing Commission Notice of Deadline Pursuant to sect313 of the Texas Racing Act Texas Revised Civil Statutes Ann Art 179e and Title 16 Texas Administrative Code sect309299 the Executive Director for the Texas Racing Commission provides notice that Monday March 1 2018 is the deadline to request Commission recognition as the horsemens representative organization

Section 313 of the Texas Racing Act authorizes the Commission to recognize an organization to represent members of a segment of the racing industry including owners breeders trainers kennel operators and other persons involved in the racing industry In 16 TAC sect309299 the Commission has adopted criteria for being recognized as the organ-ization to represent horse owners and trainers This organization will be responsible for negotiating with each licensed racetrack regarding the racetracks live racing programs including but not limited to the allocation of purse money to various live races the exporting of simul-cast signals and the importing of simulcast signals during live race meetings

To be eligible for recognition as the horsemens representative organi-zation each officer and director of the organization during the two-year

term of the recognition must be licensed by the Commission as an owner or trainer The Commission will also review the experience and qualifications of the organizations directors executive officers and management personnel the organizations benevolence programs and the degree to which the organizations membership represents a fair and equitable cross-section of the horse owners and trainers participating at each of the racetracks in this state The organization is subject to audit by the Texas Racing Commission

To request recognition an organization must file a written request on a form prescribed by the Executive Director To obtain a copy of the form or for more information interested persons should contact Devon Bi-jansky General Counsel Texas Racing Commission PO Box 12080 Austin Texas 78711-2080 (512) 833-6699 FAX (512) 833-6907 TRD-201800304 Devon Bijansky General Counsel Texas Racing Commission Filed January 24 2018

43 TexReg 808 February 9 2018 Texas Register

B The top Prize Symbol will appear on every Ticket unless restricted by other parameters play action or prize structure

C No matching non-winning YOUR DOGS Play Symbols on a Ticket

D A non-winning Prize Symbol will never match a winning Prize Sym-bol

E No matching non-winning Prize Symbols on a Ticket unless re-stricted by other parameters play action or prize structure

23 Procedure for Claiming Prizes

A To claim a LUCKY DOG Scratch Ticket Game prize of $100 $200 $500 $1000 $2000 $5000 $100 or $500 a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer The Texas Lottery Retailer shall verify the claim and if valid and upon presentation of proper identification if appropriate make payment of the amount due the claimant and physically void the Scratch Ticket provided that the Texas Lottery Retailer may but is not required to pay a $5000 $100 or $500 Scratch Ticket Game In the event the Texas Lottery Retailer cannot verify the claim the Texas Lottery Retailer shall provide the claimant with a claim form and in-struct 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 23B of these Game Procedures

B As an alternative method of claiming a LUCKY DOG Scratch Ticket Game prize the claimant must sign the winning Scratch Ticket thoroughly complete a claim form and mail both to Texas Lottery Commission PO Box 16600 Austin Texas 78761-6600 The Texas Lottery is not responsible for Scratch Tickets lost in the mail In the event that the claim is not validated by the Texas Lottery the claim shall be denied and the claimant shall be notified promptly

C Prior to payment by the Texas Lottery of any prize the Texas Lottery shall deduct

1 A sufficient amount from the winnings of a prize winner who has been finally determined to be

a delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code sect403055

b in default on a loan made under Chapter 52 Education Code or

c in default on a loan guaranteed under Chapter 57 Education Code and

2 delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231 Family Code

D If a person is indebted or owes delinquent taxes to the State other than those specified in the preceding paragraph the winnings of a per-son shall be withheld until the debt or taxes are paid

24 Allowance for Delay of Payment The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director under any of the following circumstances

A if a dispute occurs or it appears likely that a dispute may occur regarding the prize

B if there is any question regarding the identity of the claimant

C if there is any question regarding the validity of the Scratch Ticket presented for payment or

D if the claim is subject to any deduction from the payment otherwise due as described in Section 23C of these Game Procedures No liabil-ity for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim

25 Payment of Prizes to Persons Under 18 If a person under the age of 18 years is entitled to a cash prize under $600 from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deliver to an adult member of the minors family or the minors guardian a check or war-rant in the amount of the prize payable to the order of the minor

26 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the LUCKY DOG Scratch Ticket Game the Texas Lottery shall deposit the amount of the prize in a custodial bank account with an adult member of the minors family or the minors guardian serving as custodian for the minor

27 Scratch Ticket Claim Period All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military person-nel as set forth in Texas Government Code sect466408 Any rights to a prize that is not claimed within that period and in the manner specified in these Game Procedures and on the back of each Scratch Ticket shall be forfeited

28 Disclaimer The number of prizes in a game is approximate based on the number of Scratch Tickets ordered The number of actual prizes available in a game may vary based on number of Scratch Tickets man-ufactured testing distribution sales and number of prizes claimed A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed

30 Scratch Ticket Ownership

A Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket When a signature is placed on the back of the Scratch Ticket in the space designated the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto Notwithstanding any name or names submitted on a claim form the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated If more than one name appears on the back of the Scratch Ticket the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment

B The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket

40 Number and Value of Scratch Ticket Prizes There will be approx-imately 9120000 Scratch Tickets in Scratch Ticket Game No 2071 The approximate number and value of prizes in the game are as fol-lows

IN ADDITION February 9 2018 43 TexReg 805

A The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission

50 End of the Scratch Ticket Game The Executive Director may at any time announce a closing date (end date) for the Scratch Ticket Game No 2071 without advance notice at which point no further Scratch Tickets in that game may be sold The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Scratch Ticket Game Rules See 16 TAC sect401302(j)

60 Governing Law In purchasing a Scratch Ticket the player agrees to comply with and abide by these Game Procedures for Scratch Ticket Game No 2071 the State Lottery Act (Texas Government Code Chap-ter 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-201800382 Bob Biard General Counsel Texas Lottery Commission Filed January 30 2018

diams diams diams Public Utility Commission of Texas Major Consulting Services Contract RFP No 473-17-00005 Project No 47410

Contract No 473-17-00005 for a financial audit of the Texas Universal Service Fund and internal control audit of the Texas Universal Service Fund Administrator

Consultant

Hurlbert CPA LLC

PO Box 615

Liberty MO 64063

Contract No 473-17-00005 expires April 30 2021

Compensation $159000

Contractor will submit a draft audit for FY 2017 by March 15 2018 and a final audit by May 15 2018

For FY 2018 2019 2020 - Draft audit due by the last working day in January following the close of the fiscal year audited Final audit due by the last working day in March following the close of the fiscal year audited

Public Utility Commission of Texas

1701 N Congress Avenue

Austin TX 78711

Point of contact jaystonepuctexasgov

Publication in Texas Register after entering into major consulting ser-vices contract required by Texas Government Code sect2254030 TRD-201800380

43 TexReg 806 February 9 2018 Texas Register

diams diams diams

diams diams diams

Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Service Provider Certificate of Operating Authority

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 29 2018 in accordance with Public Utility Regulatory Act sectsect54151 - 54156

Docket Title and Number Application of Aeon Communications LLC for an Amendment to its Service Provider Certificate of Operating Au-thority Docket Number 47993

Applicant seeks to amend service provider certificate of operating au-thority number 60882 to reflect discontinuation of certain telecommu-nications services and to permanently withdraw from offering any ser-vices in the State of Texas

Persons wishing to comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than February 23 2018 Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47993 TRD-201800391 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 24 2018 to amend certificates of convenience and necessity in Medina County

Docket Style and Number Application of the City of Castroville to Amend its Water Certificate of Convenience and Necessity and to De-certify a Portion of New Alsace Water Supply Corporations Service Area in Medina County Docket Number 47985

The Application The City of Castroville filed an application to amend its water certificate of convenience and necessity (CCN) No 10218 and to decertify a portion of New Alsace Water Supply Corporations service area under CCN No 12558 in Medina County The total area being requested includes approximately 7 acres and no current cus-tomers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47985 TRD-201800384 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

Notice of Application to Amend Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Util-ity Commission of Texas on January 17 2018 to amend a certificate of convenience and necessity (CCN) in Hays County

Docket Style and Number Application of the City of Dripping Springs to Amend a Water Certificate of Convenience and Necessity in Hays County Docket Number 47957

The Application The City of Dripping Springs filed an application to amend its water CCN No 13030 to add service area in Hays County The total area being requested includes approximately 522 acres and zero current customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47957 TRD-201800386 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend Water Certificates of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Com-mission of Texas (commission) on January 23 2018 of an applica-tion to amend water certificates of convenience and necessity (CCN) in Rockwall and Kaufman Counties

Docket Style and Number Application of the City of Heath to Amend a Water Certificate of Convenience and Necessity Under Water Code sect13255 and to Decertify a Portion of Forney Lake Water Supply Cor-porations Service Area in Rockwall and Kaufman Counties Docket Number 47979

The Application The City of Heath filed an application to amend water CCN No 12060 to provide water service to the Forney Lake Water Supply Corporations (FLWS) CCN area and to decertify a portion of the FLWS CCN No 10086 in Rockwall and Kaufman Counties The total area being removed from CCN No 10086 includes approximately 2600 acres and 839 customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47979 TRD-201800330 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 807

diams diams diams

Texas Racing Commission Notice of Deadline Pursuant to sect313 of the Texas Racing Act Texas Revised Civil Statutes Ann Art 179e and Title 16 Texas Administrative Code sect309299 the Executive Director for the Texas Racing Commission provides notice that Monday March 1 2018 is the deadline to request Commission recognition as the horsemens representative organization

Section 313 of the Texas Racing Act authorizes the Commission to recognize an organization to represent members of a segment of the racing industry including owners breeders trainers kennel operators and other persons involved in the racing industry In 16 TAC sect309299 the Commission has adopted criteria for being recognized as the organ-ization to represent horse owners and trainers This organization will be responsible for negotiating with each licensed racetrack regarding the racetracks live racing programs including but not limited to the allocation of purse money to various live races the exporting of simul-cast signals and the importing of simulcast signals during live race meetings

To be eligible for recognition as the horsemens representative organi-zation each officer and director of the organization during the two-year

term of the recognition must be licensed by the Commission as an owner or trainer The Commission will also review the experience and qualifications of the organizations directors executive officers and management personnel the organizations benevolence programs and the degree to which the organizations membership represents a fair and equitable cross-section of the horse owners and trainers participating at each of the racetracks in this state The organization is subject to audit by the Texas Racing Commission

To request recognition an organization must file a written request on a form prescribed by the Executive Director To obtain a copy of the form or for more information interested persons should contact Devon Bi-jansky General Counsel Texas Racing Commission PO Box 12080 Austin Texas 78711-2080 (512) 833-6699 FAX (512) 833-6907 TRD-201800304 Devon Bijansky General Counsel Texas Racing Commission Filed January 24 2018

43 TexReg 808 February 9 2018 Texas Register

A The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission

50 End of the Scratch Ticket Game The Executive Director may at any time announce a closing date (end date) for the Scratch Ticket Game No 2071 without advance notice at which point no further Scratch Tickets in that game may be sold The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Scratch Ticket Game Rules See 16 TAC sect401302(j)

60 Governing Law In purchasing a Scratch Ticket the player agrees to comply with and abide by these Game Procedures for Scratch Ticket Game No 2071 the State Lottery Act (Texas Government Code Chap-ter 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-201800382 Bob Biard General Counsel Texas Lottery Commission Filed January 30 2018

diams diams diams Public Utility Commission of Texas Major Consulting Services Contract RFP No 473-17-00005 Project No 47410

Contract No 473-17-00005 for a financial audit of the Texas Universal Service Fund and internal control audit of the Texas Universal Service Fund Administrator

Consultant

Hurlbert CPA LLC

PO Box 615

Liberty MO 64063

Contract No 473-17-00005 expires April 30 2021

Compensation $159000

Contractor will submit a draft audit for FY 2017 by March 15 2018 and a final audit by May 15 2018

For FY 2018 2019 2020 - Draft audit due by the last working day in January following the close of the fiscal year audited Final audit due by the last working day in March following the close of the fiscal year audited

Public Utility Commission of Texas

1701 N Congress Avenue

Austin TX 78711

Point of contact jaystonepuctexasgov

Publication in Texas Register after entering into major consulting ser-vices contract required by Texas Government Code sect2254030 TRD-201800380

43 TexReg 806 February 9 2018 Texas Register

diams diams diams

diams diams diams

Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Service Provider Certificate of Operating Authority

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 29 2018 in accordance with Public Utility Regulatory Act sectsect54151 - 54156

Docket Title and Number Application of Aeon Communications LLC for an Amendment to its Service Provider Certificate of Operating Au-thority Docket Number 47993

Applicant seeks to amend service provider certificate of operating au-thority number 60882 to reflect discontinuation of certain telecommu-nications services and to permanently withdraw from offering any ser-vices in the State of Texas

Persons wishing to comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than February 23 2018 Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47993 TRD-201800391 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 24 2018 to amend certificates of convenience and necessity in Medina County

Docket Style and Number Application of the City of Castroville to Amend its Water Certificate of Convenience and Necessity and to De-certify a Portion of New Alsace Water Supply Corporations Service Area in Medina County Docket Number 47985

The Application The City of Castroville filed an application to amend its water certificate of convenience and necessity (CCN) No 10218 and to decertify a portion of New Alsace Water Supply Corporations service area under CCN No 12558 in Medina County The total area being requested includes approximately 7 acres and no current cus-tomers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47985 TRD-201800384 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

Notice of Application to Amend Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Util-ity Commission of Texas on January 17 2018 to amend a certificate of convenience and necessity (CCN) in Hays County

Docket Style and Number Application of the City of Dripping Springs to Amend a Water Certificate of Convenience and Necessity in Hays County Docket Number 47957

The Application The City of Dripping Springs filed an application to amend its water CCN No 13030 to add service area in Hays County The total area being requested includes approximately 522 acres and zero current customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47957 TRD-201800386 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend Water Certificates of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Com-mission of Texas (commission) on January 23 2018 of an applica-tion to amend water certificates of convenience and necessity (CCN) in Rockwall and Kaufman Counties

Docket Style and Number Application of the City of Heath to Amend a Water Certificate of Convenience and Necessity Under Water Code sect13255 and to Decertify a Portion of Forney Lake Water Supply Cor-porations Service Area in Rockwall and Kaufman Counties Docket Number 47979

The Application The City of Heath filed an application to amend water CCN No 12060 to provide water service to the Forney Lake Water Supply Corporations (FLWS) CCN area and to decertify a portion of the FLWS CCN No 10086 in Rockwall and Kaufman Counties The total area being removed from CCN No 10086 includes approximately 2600 acres and 839 customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47979 TRD-201800330 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 807

diams diams diams

Texas Racing Commission Notice of Deadline Pursuant to sect313 of the Texas Racing Act Texas Revised Civil Statutes Ann Art 179e and Title 16 Texas Administrative Code sect309299 the Executive Director for the Texas Racing Commission provides notice that Monday March 1 2018 is the deadline to request Commission recognition as the horsemens representative organization

Section 313 of the Texas Racing Act authorizes the Commission to recognize an organization to represent members of a segment of the racing industry including owners breeders trainers kennel operators and other persons involved in the racing industry In 16 TAC sect309299 the Commission has adopted criteria for being recognized as the organ-ization to represent horse owners and trainers This organization will be responsible for negotiating with each licensed racetrack regarding the racetracks live racing programs including but not limited to the allocation of purse money to various live races the exporting of simul-cast signals and the importing of simulcast signals during live race meetings

To be eligible for recognition as the horsemens representative organi-zation each officer and director of the organization during the two-year

term of the recognition must be licensed by the Commission as an owner or trainer The Commission will also review the experience and qualifications of the organizations directors executive officers and management personnel the organizations benevolence programs and the degree to which the organizations membership represents a fair and equitable cross-section of the horse owners and trainers participating at each of the racetracks in this state The organization is subject to audit by the Texas Racing Commission

To request recognition an organization must file a written request on a form prescribed by the Executive Director To obtain a copy of the form or for more information interested persons should contact Devon Bi-jansky General Counsel Texas Racing Commission PO Box 12080 Austin Texas 78711-2080 (512) 833-6699 FAX (512) 833-6907 TRD-201800304 Devon Bijansky General Counsel Texas Racing Commission Filed January 24 2018

43 TexReg 808 February 9 2018 Texas Register

diams diams diams

diams diams diams

Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Service Provider Certificate of Operating Authority

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on January 29 2018 in accordance with Public Utility Regulatory Act sectsect54151 - 54156

Docket Title and Number Application of Aeon Communications LLC for an Amendment to its Service Provider Certificate of Operating Au-thority Docket Number 47993

Applicant seeks to amend service provider certificate of operating au-thority number 60882 to reflect discontinuation of certain telecommu-nications services and to permanently withdraw from offering any ser-vices in the State of Texas

Persons wishing to comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than February 23 2018 Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47993 TRD-201800391 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend a Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 24 2018 to amend certificates of convenience and necessity in Medina County

Docket Style and Number Application of the City of Castroville to Amend its Water Certificate of Convenience and Necessity and to De-certify a Portion of New Alsace Water Supply Corporations Service Area in Medina County Docket Number 47985

The Application The City of Castroville filed an application to amend its water certificate of convenience and necessity (CCN) No 10218 and to decertify a portion of New Alsace Water Supply Corporations service area under CCN No 12558 in Medina County The total area being requested includes approximately 7 acres and no current cus-tomers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47985 TRD-201800384 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

Notice of Application to Amend Water Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Util-ity Commission of Texas on January 17 2018 to amend a certificate of convenience and necessity (CCN) in Hays County

Docket Style and Number Application of the City of Dripping Springs to Amend a Water Certificate of Convenience and Necessity in Hays County Docket Number 47957

The Application The City of Dripping Springs filed an application to amend its water CCN No 13030 to add service area in Hays County The total area being requested includes approximately 522 acres and zero current customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47957 TRD-201800386 Andrea Gonzalez Assistant Rules Coordinator Public Utility Commission of Texas Filed January 30 2018

diams diams diams Notice of Application to Amend Water Certificates of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Com-mission of Texas (commission) on January 23 2018 of an applica-tion to amend water certificates of convenience and necessity (CCN) in Rockwall and Kaufman Counties

Docket Style and Number Application of the City of Heath to Amend a Water Certificate of Convenience and Necessity Under Water Code sect13255 and to Decertify a Portion of Forney Lake Water Supply Cor-porations Service Area in Rockwall and Kaufman Counties Docket Number 47979

The Application The City of Heath filed an application to amend water CCN No 12060 to provide water service to the Forney Lake Water Supply Corporations (FLWS) CCN area and to decertify a portion of the FLWS CCN No 10086 in Rockwall and Kaufman Counties The total area being removed from CCN No 10086 includes approximately 2600 acres and 839 customers

Persons wishing to intervene or comment on the action sought should contact the commission by mail at PO Box 13326 Austin Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 A deadline for intervention in this proceeding will be estab-lished Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1 All comments should reference Docket Number 47979 TRD-201800330 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed January 25 2018

IN ADDITION February 9 2018 43 TexReg 807

diams diams diams

Texas Racing Commission Notice of Deadline Pursuant to sect313 of the Texas Racing Act Texas Revised Civil Statutes Ann Art 179e and Title 16 Texas Administrative Code sect309299 the Executive Director for the Texas Racing Commission provides notice that Monday March 1 2018 is the deadline to request Commission recognition as the horsemens representative organization

Section 313 of the Texas Racing Act authorizes the Commission to recognize an organization to represent members of a segment of the racing industry including owners breeders trainers kennel operators and other persons involved in the racing industry In 16 TAC sect309299 the Commission has adopted criteria for being recognized as the organ-ization to represent horse owners and trainers This organization will be responsible for negotiating with each licensed racetrack regarding the racetracks live racing programs including but not limited to the allocation of purse money to various live races the exporting of simul-cast signals and the importing of simulcast signals during live race meetings

To be eligible for recognition as the horsemens representative organi-zation each officer and director of the organization during the two-year

term of the recognition must be licensed by the Commission as an owner or trainer The Commission will also review the experience and qualifications of the organizations directors executive officers and management personnel the organizations benevolence programs and the degree to which the organizations membership represents a fair and equitable cross-section of the horse owners and trainers participating at each of the racetracks in this state The organization is subject to audit by the Texas Racing Commission

To request recognition an organization must file a written request on a form prescribed by the Executive Director To obtain a copy of the form or for more information interested persons should contact Devon Bi-jansky General Counsel Texas Racing Commission PO Box 12080 Austin Texas 78711-2080 (512) 833-6699 FAX (512) 833-6907 TRD-201800304 Devon Bijansky General Counsel Texas Racing Commission Filed January 24 2018

43 TexReg 808 February 9 2018 Texas Register

diams diams diams

Texas Racing Commission Notice of Deadline Pursuant to sect313 of the Texas Racing Act Texas Revised Civil Statutes Ann Art 179e and Title 16 Texas Administrative Code sect309299 the Executive Director for the Texas Racing Commission provides notice that Monday March 1 2018 is the deadline to request Commission recognition as the horsemens representative organization

Section 313 of the Texas Racing Act authorizes the Commission to recognize an organization to represent members of a segment of the racing industry including owners breeders trainers kennel operators and other persons involved in the racing industry In 16 TAC sect309299 the Commission has adopted criteria for being recognized as the organ-ization to represent horse owners and trainers This organization will be responsible for negotiating with each licensed racetrack regarding the racetracks live racing programs including but not limited to the allocation of purse money to various live races the exporting of simul-cast signals and the importing of simulcast signals during live race meetings

To be eligible for recognition as the horsemens representative organi-zation each officer and director of the organization during the two-year

term of the recognition must be licensed by the Commission as an owner or trainer The Commission will also review the experience and qualifications of the organizations directors executive officers and management personnel the organizations benevolence programs and the degree to which the organizations membership represents a fair and equitable cross-section of the horse owners and trainers participating at each of the racetracks in this state The organization is subject to audit by the Texas Racing Commission

To request recognition an organization must file a written request on a form prescribed by the Executive Director To obtain a copy of the form or for more information interested persons should contact Devon Bi-jansky General Counsel Texas Racing Commission PO Box 12080 Austin Texas 78711-2080 (512) 833-6699 FAX (512) 833-6907 TRD-201800304 Devon Bijansky General Counsel Texas Racing Commission Filed January 24 2018

43 TexReg 808 February 9 2018 Texas Register