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Office of the Attorney General Texas Health and Safety Code and Texas Water Code Settlement Notice The State of Texas gives notice of the following proposed resolution of an environmental enforcement action under the Texas Water Code and the Texas Health and Safety Code. Before the State may enter into a voluntary settlement agreement, pursuant to Section 7.110 of the Texas Water Code, the State shall permit the public to comment in writing. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreement if the com- ments disclose facts or considerations indicating that consent is inap- propriate, improper, inadequate, or inconsistent with the requirements of the law. Case Title and Court: State of Texas v. Shell Oil Company; Cause No. D-1-GN-20-006663; in the 250th Judicial District, Travis County, Texas. Background: Defendant operates an oil refinery at 5900 Highway 225 in Deer Park, Harris County, Texas (the "Refinery"). The State initiated the suit on behalf of the Texas Commission on Environmental Quality ("TCEQ") to address three unauthorized emissions events on August 28-September 7, 2017; August 28-31, 2017; and August 27-29, 2017 from the Refinery and to enforce TCEQ air permits issued to Defendant under the Texas Clean Air Act. Proposed Settlement: The parties propose an Agreed Final Judgment and Permanent Injunction ("Agreed Judgment"), which provides for an award of civil penalties of $115,000 plus $10,000 attorney's fees to the State. The Agreed Judgment also orders Defendant to retain an in- dependent auditor to perform a comprehensive environmental audit of the excessive emissions events subject to the lawsuit, to evaluate sec- ondary containment areas and aboveground storage tank roof drains at the Refinery, and to conduct American Petroleum Institute ("API") 653 External Tank Inspections of Tank A-330 at the Refinery. Defendant will implement the corrective actions identified in the audit. More- over, Defendant will conduct an evaluation of its shutdown procedures and its internal policies and procedures designed to address deficiencies noted during API 653 External Tank Inspections to ensure prevention of recurrence of similar emissions events at the Refinery. For a complete description of the proposed settlement, the Agreed Judgment should be reviewed in its entirety. Requests for copies of the proposed judgment and settlement, and written comments on the same, should be directed to Ekaterina DeAngelo, Assistant Attorney General, Office of the Attorney General of Texas, P.O. Box 12548, MC 066, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911; or email [email protected]. Written comments must be received within 30 days of publication of this notice to be considered. TRD-202102233 Austin Kinghorn General Counsel Office of the Attorney General Filed: June 8, 2021 Comptroller of Public Accounts Local Sales Tax Rate Changes Effective July 1, 2021 IN ADDITION June 18, 2021 46 TexReg 3757

Texas Register June 18, 2021 Issue...106.6(b), and 106.13, Permit by Rule Registration Number 35922, and Texas Health and Safety Code (THSC), 382.085(b), by fail-ing to comply with

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Page 1: Texas Register June 18, 2021 Issue...106.6(b), and 106.13, Permit by Rule Registration Number 35922, and Texas Health and Safety Code (THSC), 382.085(b), by fail-ing to comply with

Office of the Attorney General Texas Health and Safety Code and Texas Water Code Settlement Notice The State of Texas gives notice of the following proposed resolution of an environmental enforcement action under the Texas Water Code and the Texas Health and Safety Code. Before the State may enter into a voluntary settlement agreement, pursuant to Section 7.110 of the Texas Water Code, the State shall permit the public to comment in writing. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreement if the com-ments disclose facts or considerations indicating that consent is inap-propriate, improper, inadequate, or inconsistent with the requirements of the law.

Case Title and Court: State of Texas v. Shell Oil Company; Cause No. D-1-GN-20-006663; in the 250th Judicial District, Travis County, Texas.

Background: Defendant operates an oil refinery at 5900 Highway 225 in Deer Park, Harris County, Texas (the "Refinery"). The State initiated the suit on behalf of the Texas Commission on Environmental Quality ("TCEQ") to address three unauthorized emissions events on August 28-September 7, 2017; August 28-31, 2017; and August 27-29, 2017 from the Refinery and to enforce TCEQ air permits issued to Defendant under the Texas Clean Air Act.

Proposed Settlement: The parties propose an Agreed Final Judgment and Permanent Injunction ("Agreed Judgment"), which provides for an award of civil penalties of $115,000 plus $10,000 attorney's fees to the State. The Agreed Judgment also orders Defendant to retain an in-dependent auditor to perform a comprehensive environmental audit of

the excessive emissions events subject to the lawsuit, to evaluate sec-ondary containment areas and aboveground storage tank roof drains at the Refinery, and to conduct American Petroleum Institute ("API") 653 External Tank Inspections of Tank A-330 at the Refinery. Defendant will implement the corrective actions identified in the audit. More-over, Defendant will conduct an evaluation of its shutdown procedures and its internal policies and procedures designed to address deficiencies noted during API 653 External Tank Inspections to ensure prevention of recurrence of similar emissions events at the Refinery.

For a complete description of the proposed settlement, the Agreed Judgment should be reviewed in its entirety. Requests for copies of the proposed judgment and settlement, and written comments on the same, should be directed to Ekaterina DeAngelo, Assistant Attorney General, Office of the Attorney General of Texas, P.O. Box 12548, MC 066, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911; or email [email protected]. Written comments must be received within 30 days of publication of this notice to be considered. TRD-202102233 Austin Kinghorn General Counsel Office of the Attorney General Filed: June 8, 2021

♦ ♦ ♦ Comptroller of Public Accounts Local Sales Tax Rate Changes Effective July 1, 2021

IN ADDITION June 18, 2021 46 TexReg 3757

Page 2: Texas Register June 18, 2021 Issue...106.6(b), and 106.13, Permit by Rule Registration Number 35922, and Texas Health and Safety Code (THSC), 382.085(b), by fail-ing to comply with

46 TexReg 3758 June 18, 2021 Texas Register

Page 3: Texas Register June 18, 2021 Issue...106.6(b), and 106.13, Permit by Rule Registration Number 35922, and Texas Health and Safety Code (THSC), 382.085(b), by fail-ing to comply with

♦ ♦ ♦

TRD-202102243 William Hamner Special Counsel for Tax Administration Comptroller of Public Accounts Filed: June 9, 2021

♦ ♦ ♦ Notice of Public Hearing on Proposed §3.340 - Qualified Research and §3.599 - Margin: Research and Development Activities Credits The Office of the Comptroller of Public Accounts received requests by interested parties to hold a public hearing pursuant to Government Code, §2001.029(b)(2) on proposed §3.340, found in the Texas Admin-istrative Code, Title 34, Part 1, Chapter 3, Subchapter O and §3.599, found in the Texas Administrative Code, Title 34, Part 1, Chapter 3, Subchapter V.

The comptroller will hold a hearing to take public comments, on Mon-day, June 28, 2021, at 9:00 a.m. in Room 170 of the Stephen F. Austin Building, Austin, Texas 78701. Interested persons may sign up to tes-tify beginning at 8:30 a.m. and testimony will be heard on a first come first serve basis. All persons will have 10 minutes to present their tes-timony and shall also provide their testimony in writing prior to their oral testimony. The proposed sections were published in the April 16, 2021, issue of the Texas Register.

The purpose of this hearing is to receive comments from interested persons, pursuant to Government Code, §2001.029.

Questions concerning the hearing or this notice should be referred to Teresa G. Bostick, Director, Tax Policy Division. Phone Number: (512) 305-9952. E-mail address: [email protected].

Issued in Austin, Texas, on June 7, 2021. TRD-202102219 William Hamner Special Counsel for Tax Administration Comptroller of Public Accounts Filed: June 7, 2021

♦ ♦ ♦ 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 06/14/21 - 06/20/21 is 18% for Con-sumer1/Agricultural/Commercial2 credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/14/21 - 06/20/21 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-202102231 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: June 8, 2021

Texas Commission on Environmental Quality Agreed Orders The Texas Commission on Environmental Quality (TCEQ or commis-sion) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code, (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an op-portunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 20, 2021. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the require-ments of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Build-ing C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the ap-plicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 20, 2021. Writ-ten comments may also be sent by facsimile machine to the enforce-ment coordinator at (512) 239-2550. The commission's enforcement coordinators are available to discuss the AOs and/or the comment pro-cedure at the listed phone numbers; however, TWC, §7.075, provides that comments on the AOs shall be submitted to the commission in writing.

(1) COMPANY: 410 WATER SUPPLY CORPORATION; DOCKET NUMBER: 2021-0020-PWS-E; IDENTIFIER: RN101439347; LO-CATION: Detroit, Red River County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(d)(2)(B) and §290.110(b)(4) and Texas Health and Safety Code, §341.0315(c), by failing to maintain a disinfectant residual of at least 0.5 milligrams per liter of chloramine throughout the distribution system at all times; PENALTY: $510; ENFORCEMENT COORDINATOR: Carlos Molina, (512) 239-2557; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(2) COMPANY: Accella Polyurethane Systems LLC; DOCKET NUM-BER: 2021-0042-AIR-E; IDENTIFIER: RN100603919; LOCATION: Spring, Harris County; TYPE OF FACILITY: chemical manufactur-ing; RULES VIOLATED: 30 TAC §101.201(a)(1) and (g) and Texas Health and Safety Code (THSC), §382.085(b), by failing to submit an initial notification for a reportable emissions event no later than 24 hours after the discovery of an emissions event, and failing to submit the initial notification for a reportable emissions event via the TCEQ's secure web server; and 30 TAC §106.6(b), Permit by Rule Registration Number 119177, and THSC, §382.085(b), by failing to prevent unau-thorized emissions; PENALTY: $3,001; ENFORCEMENT COORDI-NATOR: Amanda Diaz, (713) 422-8912; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) COMPANY: Apache Corporation; DOCKET NUMBER: 2020-1240-AIR-E; IDENTIFIER: RN101947216; LOCATION: Big Lake, Reagan County; TYPE OF FACILITY: oil and gas produc-tion tank battery; RULES VIOLATED: 30 TAC §§106.4(a)(1)(B),

IN ADDITION June 18, 2021 46 TexReg 3759

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106.6(b), and 106.13, Permit by Rule Registration Number 35922, and Texas Health and Safety Code (THSC), §382.085(b), by fail-ing to comply with all representations with regard to construction plans, operating procedures, and maximum emissions rates in any certified registration; and 30 TAC §122.121 and THSC, §382.054 and §382.085(b), by failing to obtain a federal operating permit prior to operating the emission units at a major source; PENALTY: $101,250; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFF-SET AMOUNT: $40,500; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(4) COMPANY: Apache Corporation; DOCKET NUMBER: 2020-1242-AIR-E; IDENTIFIER: RN101946143; LOCATION: Texon, Reagan County; TYPE OF FACILITY: oil and gas produc-tion tank battery; RULES VIOLATED: 30 TAC §§106.4(a)(1)(B), 106.6(b), and 106.13, Permit by Rule Registration Number 35921, and Texas Health and Safety Code (THSC), §382.085(b), by fail-ing to comply with all representations with regard to construction plans, operating procedures, and maximum emissions rates in any certified registration; and 30 TAC §122.121 and THSC, §382.054 and §382.085(b), by failing to obtain a federal operating permit prior to operating the emission units at a major source; PENALTY: $101,250; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFF-SET AMOUNT: $40,500; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(5) COMPANY: Apache Corporation; DOCKET NUMBER: 2020-1222-AIR-E; IDENTIFIER: RN101943942; LOCATION: Texon, Reagan County; TYPE OF FACILITY: oil and gas produc-tion tank battery; RULES VIOLATED: 30 TAC §§106.4(a)(1)(B), 106.6(b), and 106.13, Permit by Rule Registration Number 35919, and Texas Health and Safety Code (THSC), §382.085(b), by fail-ing to comply with all representations with regard to construction plans, operating procedures, and maximum emissions rates in any certified registration; and 30 TAC §122.121 and THSC, §382.054 and §382.085(b), by failing to obtain a federal operating permit prior to operating the emission units at a major source; PENALTY: $101,250; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFF-SET AMOUNT: $40,500; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(6) COMPANY: Blue Cube Operations LLC; DOCKET NUMBER: 2021-0011-AIR-E; IDENTIFIER: RN108772245; LOCATION: Freeport, Brazoria County; TYPE OF FACILITY: chemical manufac-turing plant; RULES VIOLATED: 30 TAC §101.201(b)(1)(H) and §122.143(4), Federal Operating Permit (FOP) Numbers O1388 and O2208, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 2.F, and Texas Health and Safety Code (THSC), §382.085(b), by failing to identify all required information on the final record for a reportable emissions event; and 30 TAC §116.115(c) and §122.143(4), New Source Review Permit Numbers 2606, 19041, and 104098, Special Conditions Numbers 1 and 6, FOP Numbers O1388, O2204, and O2208, GTC and STC Numbers 16, 21, and 26, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $22,613; SUPPLEMENTAL ENVIRONMEN-TAL PROJECT OFFSET AMOUNT: $9,045; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(7) COMPANY: City of New Deal; DOCKET NUMBER: 2020-1550-PWS-E; IDENTIFIER: RN101389294; LOCATION: New Deal, Lub-bock County; TYPE OF FACILITY: public water supply; RULE VIO-

LATED: 30 TAC §290.46(q)(2), by failing to institute special precau-tions as described in the flowchart found in 30 TAC §290.47(e) in the event of low distribution pressure and water outages; PENALTY: $563; ENFORCEMENT COORDINATOR: Miles Wehner, (512) 239-2813; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(8) COMPANY: City of Port Arthur; DOCKET NUMBER: 2019-1637-MWD-E; IDENTIFIER: RN101608024; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: wastewa-ter treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0010364010, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $56,250; SUPPLEMEN-TAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $56,250; ENFORCEMENT COORDINATOR: Caleb Olson, (817) 588-5856; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(9) COMPANY: Douglas Utility Company; DOCKET NUMBER: 2019-1544-MWD-E; IDENTIFIER: RN101608586; LOCATION: Houston, Harris County; TYPE OF FACILITY: wastewater treat-ment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0011200001, Interim Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with per-mitted effluent limitations; PENALTY: $16,875; ENFORCEMENT COORDINATOR: Katelyn Tubbs, (512) 239-2512; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(10) COMPANY: Hamshire-Fannett Independent School Dis-trict; DOCKET NUMBER: 2020-1364-MWD-E; IDENTIFIER: RN102334877; LOCATION: Fannett, Jefferson County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0012098001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $3,250; ENFORCEMENT COORDINATOR: Alyssa Loveday, (512) 239-5504; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(11) COMPANY: M. A. MORTENSON COMPANY; DOCKET NUM-BER: 2021-0045-IHW-E; IDENTIFIER: RN110525458; LOCATION: Childress, Childress County; TYPE OF FACILITY: solar farm project; RULE VIOLATED: 30 TAC §335.2(b), by failing to not cause, suf-fer, allow, or permit the disposal of industrial solid waste; PENALTY: $2,250; ENFORCEMENT COORDINATOR: Hailey Johnson, (512) 239-1756; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(12) COMPANY: MarkWest Javelina Company, L.L.C.; DOCKET NUMBER: 2020-1484-AIR-E; IDENTIFIER: RN102190139; LO-CATION: Corpus Christi, Nueces County; TYPE OF FACILITY: natural gas liquids production plant; RULES VIOLATED: 30 TAC §116.115(c), New Source Review Permit Number 19296, Special Con-ditions Number 1, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $18,750; SUP-PLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $9,375; ENFORCEMENT COORDINATOR: Richard Garza, (512) 534-5859; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(13) COMPANY: PM Country Store LLC dba Circle M Country Store; DOCKET NUMBER: 2020-1458-PST-E; IDENTIFIER:

46 TexReg 3760 June 18, 2021 Texas Register

Page 5: Texas Register June 18, 2021 Issue...106.6(b), and 106.13, Permit by Rule Registration Number 35922, and Texas Health and Safety Code (THSC), 382.085(b), by fail-ing to comply with

RN103027017; LOCATION: Marshall, Harrison County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b)(2), by failing to assure that all underground storage tank (UST) recordkeeping requirements are met; and 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the USTs for releases in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $4,800; ENFORCEMENT COORDINATOR: Karolyn Kent, (512) 239-2536; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(14) COMPANY: R & T ELLIS EXCAVATING, INCORPO-RATED; DOCKET NUMBER: 2020-0318-WQ-E; IDENTIFIER: RN109689497; LOCATION: Dayton, Liberty County; TYPE OF FACILITY: construction site; RULES VIOLATED: 30 TAC §281.25(a)(4), TWC, §26.121, and 40 Code of Federal Regulations §122.26(c), by failing to maintain authorization to discharge stormwa-ter associated with construction activities; PENALTY: $15,938; ENFORCEMENT COORDINATOR: Caleb Olson, (817) 588-5856; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(15) COMPANY: Robert L. Sutton; DOCKET NUMBER: 2021-0131-WOC-E; IDENTIFIER: RN109294058; LOCATION: Junction, Kimble County; TYPE OF FACILITY: wastewater treat-ment facility; RULES VIOLATED: 30 TAC §30.5(a) and §30.331(b) and TWC, §26.0301(c) and §37.003, by failing to have a valid and current wastewater operator license prior to performing process con-trol activities at a wastewater treatment facility; PENALTY: $2,668; ENFORCEMENT COORDINATOR: Stephanie Frederick, (512) 239-1001; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(16) COMPANY: Shannon Lynn Goins; DOCKET NUMBER: 2020-1492-PWS-E; IDENTIFIER: RN101261667; LOCATION: Livingston, Polk County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.107(e), by failing to provide the results of synthetic organic chemical contaminants and volatile organic chemical contaminants sampling to the executive director (ED) for the second and third quarters of 2019; 30 TAC §290.115(e), by failing to provide the results of Stage 2 Disinfection Byproducts sampling to the ED for the January 1, 2019 - December 31, 2019, monitoring period; 30 TAC §290.117(e)(2), (h), and (i)(3), by failing to conduct water quality parameter sampling at each of the facility's entry points and the required distribution sample sites, have the samples analyzed, and report the results to the ED for the January 1, 2019 - December 31, 2019, monitoring period; 30 TAC §290.117(i)(6) and (j), by failing to provide a consumer notification of lead tap water monitoring results to persons served at the sites that were tested, and failing to mail a copy of the consumer notification of tap results to the ED along with certifi-cation that the consumer notification has been distributed in a manner consistent with TCEQ requirements for the July 1, 2019 - December 31, 2019 and January 1, 2020 - June 30, 2020, monitoring periods; 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notifica-tion and submit a copy of the public notification, accompanied with a signed Certificate of Delivery, to the ED regarding the failure to report the results of asbestos sampling to the ED for the January 1, 2018 -December 31, 2018, monitoring period and regarding the failure to collect lead and copper tap samples for the January 1, 2019 - June 30, 2019, monitoring period; and 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st for each year, and failing to submit to the TCEQ by July 1st for each year a copy of the annual CCR and certification that the CCR 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 for calendar year 2019; PENALTY: $5,537; ENFORCEMENT COORDINATOR: Amanda Conner, (512) 676-7487; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(17) COMPANY: Undine Texas, LLC; DOCKET NUMBER: 2021-0019-PWS-E; IDENTIFIER: RN102679842; LOCATION: Crowley, Johnson County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.45(b)(1)(C)(i) and Texas Health and Safety Code, §341.0315(c), by failing to provide a well capacity of 0.6 gal-lons per minute per connection; PENALTY: $937; ENFORCEMENT COORDINATOR: Julianne Matthews, (817) 588-5861; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(18) COMPANY: Undine Texas, LLC; DOCKET NUMBER: 2020-1604-PWS-E; IDENTIFIER: RN101259596; LOCATION: Cleburne, Johnson County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.45(b)(1)(C)(i) and Texas Health and Safety Code, §341.0315(c), by failing to provide a well capacity of 0.6 gallons per minute per connection; PENALTY: $262; ENFORCEMENT CO-ORDINATOR: Miles Wehner, (512) 239-2813; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(19) COMPANY: VITAL LINK, INCORPORATED dba Brazos Crossing; DOCKET NUMBER: 2020-1577-PWS-E; IDENTIFIER: RN101222503; LOCATION: Sealy, Austin County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to submit a Disinfection Level Quarterly Operating Report to the executive director by the tenth day of the month following the end of each quarter for the third quarters of 2018 and 2019 through the second quarters of 2019 and 2020; PENALTY: $1,532; ENFORCEMENT COORDINATOR: Julianne Matthews, (817) 588-5861; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(20) COMPANY: WINKLER ENTERPRISES TX LLC dba Winkler Kountry Store; DOCKET NUMBER: 2020-1293-PST-E; IDEN-TIFIER: RN101561140; LOCATION: Streetman, Navarro County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(5)(A)(iii), by failing to have a valid, current TCEQ delivery certificate posted at the facility in a location where the document is clearly visible at all times; 30 TAC §334.49(a)(1) and TWC, §26.3475(d), by failing to provide corrosion protection for the underground storage tank (UST) system; and 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to mon-itor the USTs in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $7,875; ENFORCEMENT COORDINATOR: Terrany Binford, (512) 567-3302; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800. TRD-202102228 Charmaine Backens Deputy Director, Litigation Texas Commission on Environmental Quality Filed: June 8, 2021

♦ ♦ ♦ Chisholm Trail Redi-Mix, LLC: Proposed Registration No. 164790

Thank you for your recent interest regarding the above-referenced ap-plication. This letter is your notice that the public hearing previously scheduled for June 30, 2021, has been cancelled.

This application has been withdrawn by the applicant.

IN ADDITION June 18, 2021 46 TexReg 3761

Page 6: Texas Register June 18, 2021 Issue...106.6(b), and 106.13, Permit by Rule Registration Number 35922, and Texas Health and Safety Code (THSC), 382.085(b), by fail-ing to comply with

If you have any questions, please contact Mr. Brad Patterson, Section Manager, Office of the Chief Clerk, at (512) 239-1201.

The Texas Commission on Environmental Quality appreciates your in-terest in matters pending before the agency. TRD-202102204 Laurie Gharis Chief Clerk Texas Commission on Environmental Quality Filed: June 7, 2021

♦ ♦ ♦ Enforcement Orders An agreed order was adopted regarding Lucious Josey, Docket No. 2019‑0355‑MLM‑E on June 1, 2021 assessing $2,553 in administra-tive penalties. Information concerning any aspect of this order may be obtained by contacting Judith Bohr, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding William Templeton, Docket No. 2019‑0617‑MSW‑E on June 1, 2021 assessing $4,312 in admin-istrative penalties. Information concerning any aspect of this order may be obtained by contacting Clayton Smith, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. TRD-202102236 Laurie Gharis Chief Clerk Texas Commission on Environmental Quality Filed: June 9, 2021

♦ ♦ ♦ Enforcement Orders An agreed order was adopted regarding MORENO'S QUICK STOP INC dba Moreno's Grocery, Docket No. 2019‑0032‑PST‑E on June 8, 2021, assessing $3,375 in administrative penalties. Information con-cerning any aspect of this order may be obtained by contacting Ben Warms, Staff Attorney at (512) 239‑3400, Texas Commission on En-vironmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding City of Kendleton, Docket No. 2019‑1383‑PWS‑E on June 8, 2021, assessing $100 in administrative penalties with $20 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding LA FAMA FOODS, INC., Docket No. 2019‑1761‑WQ‑E on June 8, 2021, assessing $2,550 in administrative penalties with $510 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, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding SJWTX, Inc. dba Canyon Lake Water Service Company, Docket No. 2020‑0124‑MWD‑E on June 8, 2021, assessing $2,125 in administrative penalties with $425 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, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding SASSOON PROPERTIES IN-VESTMENT GROUP, INC., Docket No. 2020‑0278‑PWS‑E on June 8, 2021, assessing $550 in administrative penalties. Information con-cerning any aspect of this order may be obtained by contacting Casey Kurnath, Staff Attorney at (512) 239‑3400, Texas Commission on En-vironmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding BNSF Railway Company, Docket No. 2020‑0322‑IWD‑E on June 8, 2021, assessing $6,563 in administrative penalties with $1,312 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, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Apache Stone Quarry, LLC, Docket No. 2020‑0677‑WQ‑E on June 8, 2021, assessing $5,000 in administrative penalties with $1,000 deferred. Information concerning any aspect of this order may be obtained by contacting Harley Hobson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding SHAWN DANIEL HOLDINGS LLC dba America Concrete Service, Docket No. 2020‑0708‑PST‑E on June 8, 2021, assessing $2,887 in adminis-trative penalties with $577 deferred. Information concerning any aspect of this order may be obtained by contacting Tyler Richardson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Undine Texas, LLC, Docket No. 2020‑0727‑PWS‑E on June 8, 2021, assessing $7,130 in admin-istrative penalties with $1,426 deferred. Information concerning any aspect of this order may be obtained by contacting Samantha Duncan, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding CIRCLE K STORES INC. dba Circle K 2706110, Docket No. 2020‑0900‑PST‑E on June 8, 2021, as-sessing $6,911 in administrative penalties with $1,382 deferred. Infor-mation concerning any aspect of this order may be obtained by con-tacting Courtney Atkins, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding City of Morton, Docket No. 2020‑0914‑PWS‑E on June 8, 2021, assessing $6,550 in administrative penalties with $1,310 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Maverick Tube Corporation dba TenarisConroe, Docket No. 2020‑0979‑AIR‑E on June 8, 2021, assessing $7,275 in administrative penalties with $1,455 deferred. In-formation concerning any aspect of this order may be obtained by con-tacting Michaelle Garza, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding SUNNI'S MARKETING CORP. dba Kwik Stop, Docket No. 2020‑1028‑PST‑E on June 8, 2021, assessing $3,339 in administrative penalties with $667 deferred. Information concerning any aspect of this order may be obtained by contacting John Fennell, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding KTC Interests, LLC, Docket No. 2020‑1045‑MWD‑E on June 8, 2021, assessing $4,387 in admin-

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istrative penalties with $877 deferred. Information concerning any as-pect of this order may be obtained by contacting Alyssa Loveday, En-forcement Coordinator at (512) 239‑2545, Texas Commission on En-vironmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Corix Utilities (Texas) Inc., Docket No. 2020‑1047‑PWS‑E on June 8, 2021, assessing $4,387 in administrative penalties with $877 deferred. Information concerning any aspect of this order may be obtained by contacting Epifanio Villar-real, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Pelican Island Storage Ter-minal, LLC, Docket No. 2020‑1082‑AIR‑E on June 8, 2021, assess-ing $4,313 in administrative penalties with $862 deferred. Informa-tion concerning any aspect of this order may be obtained by contacting Michaelle Garza, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding John Baig dba Lucky Food Center, Docket No. 2020‑1093‑PST‑E on June 8, 2021, assessing $6,375 in administrative penalties with $1,275 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, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding M H Jiwani, Inc. dba J Bunny's, Docket No. 2020‑1165‑PST‑E on June 8, 2021, assessing $6,750 in administrative penalties with $1,350 deferred. Information concerning any aspect of this order may be obtained by contacting Tyler Richard-son, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Simmons Custom Rigging, LLC, Docket No. 2020‑1259‑AIR‑E on June 8, 2021, assessing $1,250 in administrative penalties with $250 deferred. Information concern-ing any aspect of this order may be obtained by contacting Amanda Diaz, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. TRD-202102237 Laurie Gharis Chief Clerk Texas Commission on Environmental Quality Filed: June 9, 2021

♦ ♦ ♦ Enforcement Orders An agreed order was adopted regarding Corpus Christi Alumina LLC, Docket No. 2019‑0215‑IWD‑E on June 9, 2021, assessing $32,400 in administrative penalties. Information concerning any aspect of this or-der may be obtained by contacting Steven Van Landingham, Enforce-ment Coordinator at (512) 239‑2545, Texas Commission on Environ-mental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding the City of Odem, Docket No. 2019‑0255‑MWD‑E on June 9, 2021, assessing $59,532 in ad-ministrative penalties. Information concerning any aspect of this or-der may be obtained by contacting Taylor Pearson, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. A default order was adopted regarding Felipe Zavala, Sr. dba Legacy Customs SS, Docket No. 2019‑0594‑MLM‑E on June 9, 2021, assess-ing $3,675 in administrative penalties. Information concerning any

aspect of this order may be obtained by contacting Clayton Smith, Staff Attorney at (512) 239‑3400, Texas Commission on Environmen-tal Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Lancaster Street CStore LLC dba EZ 1, Docket No. 2019‑0662‑PST‑E on June 9, 2021, assessing $15,381 in administrative penalties with $3,076 deferred. Informa-tion concerning any aspect of this order may be obtained by contact-ing Stephanie McCurley, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. A default order was adopted regarding IBJ International, Inc. dba Quick Stop Chevron, Docket No. 2019‑0821‑PST‑E on June 9, 2021, assessing $3,750 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Taylor Pearson, Staff Attorney at (512) 239‑3400, Texas Commission on Environmen-tal Quality, P.O. Box 13087, Austin, Texas 78711‑3087. A default order was adopted regarding Christian Wilson, Docket No. 2019‑0999‑MLM‑E on June 9, 2021, assessing $7,515 in administra-tive penalties with $1,503 deferred. Information concerning any as-pect of this order may be obtained by contacting John S. Merculief II, Staff Attorney at (512) 239‑3400, Texas Commission on Environmen-tal Quality, P.O. Box 13087, Austin, Texas 78711‑3087. A default order was adopted regarding RALSTON ACRES WATER SUPPLY CORPORATION, Docket No. 2019‑1028‑PWS‑E on June 9, 2021, assessing $1,622 in administrative penalties. Information con-cerning any aspect of this order may be obtained by contacting Jim Sallans, Staff Attorney at (512) 239‑3400, Texas Commission on En-vironmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Mehroz Enterprises Inc dba Nasa Food Mart, Docket No. 2019‑1061‑PST‑E on June 9, 2021, as-sessing $7,647 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Christopher Mullins, Staff Attorney at (512) 239‑3400, Texas Commission on Environmen-tal Quality, P.O. Box 13087, Austin, Texas 78711‑3087. A default order was adopted regarding Irwin Zane Miller, Docket No. 2019‑1064‑PST‑E on June 9, 2021, assessing $3,938 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Christopher Mullins, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding VEREIT Real Estate L.P., Docket No. 2019‑1134‑PWS‑E on June 9, 2021, assessing $2,620 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Miles Wehner, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. A default order was adopted regarding HEDO CAR SHOP SERVICES INC, Docket No. 2019‑1225‑AIR‑E on June 9, 2021, assessing $2,625 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Christopher Mullins, Staff Attor-ney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding BAR Recycling Enterprises, LLC, Docket No. 2019‑1327‑MSW‑E on June 9, 2021, assessing $16,101 in administrative penalties with $3,219 deferred. Information concerning any aspect of this order may be obtained by contacting Tyler Richardson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

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An agreed order was adopted regarding the City of Snook, Docket No. 2019‑1333‑PWS‑E on June 9, 2021, assessing $121 in administrative penalties. Information concerning any aspect of this order may be ob-tained by contacting Julianne Matthews, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Riviera Water Control and Im-provement District, Docket No. 2019‑1352‑MLM‑E on June 9, 2021, assessing $10,082 in administrative penalties with $2,015 deferred. In-formation concerning any aspect of this order may be obtained by con-tacting Aaron Vincent, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding I.M.C. WASTE DISPOSAL, INC., Docket No. 2019‑1421‑MSW‑E on June 9, 2021, assessing $16,728 in administrative penalties with $3,345 deferred. Information concerning any aspect of this order may be obtained by contacting John Fennell, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding RGI MATERIALS, INC., Docket No. 2019‑1585‑WQ‑E on June 9, 2021, assessing $23,813 in administrative penalties. 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, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding the City of Hamilton, Docket No. 2019‑1589‑MWD‑E on June 9, 2021, assessing $5,625 in adminis-trative penalties. 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, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding B2 United, LLC dba Grab N Go, Docket No. 2019‑1767‑PST‑E on June 9, 2021, assessing $13,448 in administrative penalties with $6,227 deferred. Information concern-ing any aspect of this order may be obtained by contacting Hailey John-son, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Lilbert-Looneyville Water Supply Corporation, Docket No. 2020‑0122‑PWS‑E on June 9, 2021, assessing $441 in administrative penalties. Information concern-ing any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) 239‑2545, Texas Com-mission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. A default order was adopted regarding Elizabeth K. Flores dba A & J Drive Thru, Docket No. 2020‑0430‑PST‑E on June 9, 2021, assess-ing $5,148 in administrative penalties. Information concerning any as-pect of this order may be obtained by contacting John S. Merculief II, Staff Attorney at (512) 239‑3400, Texas Commission on Environmen-tal Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding Texas Health and Human Ser-vices Commission, Docket No. 2020‑0468‑MWD‑E on June 9, 2021, assessing $9,062 in administrative penalties with $1,812 deferred. In-formation concerning any aspect of this order may be obtained by con-tacting Harley Hobson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding the City of Toyah, Docket No. 2020‑0556‑PWS‑E on June 9, 2021, assessing $4,500 in administra-

tive penalties. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding LAMESA ENTERPRISES, INC., Docket No. 2020‑0701‑PWS‑E on June 9, 2021, assessing $362 in administrative penalties. 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, P.O. Box 13087, Austin, Texas 78711‑3087. An agreed order was adopted regarding the City of Teague, Docket No. 2020‑1099‑MWD‑E on June 9, 2021, assessing $12,250 in administra-tive penalties with $2,450 deferred. Information concerning any aspect of this order may be obtained by contacting Alyssa Loveday, Enforce-ment Coordinator at (512) 239‑2545, Texas Commission on Environ-mental Quality, P.O. Box 13087, Austin, Texas 78711‑3087. TRD-202102244 Laurie Gharis Chief Clerk Texas Commission on Environmental Quality Filed: June 9, 2021

♦ ♦ ♦ Notice and Comment Hearing: Draft Permit No. O2771

This is a notice for a notice and comment hearing on Federal Operat-ing Permit Number O2771. During the notice and comment hearing informal questions on the Federal Operating Permit will be answered and formal comments will be received. The Texas Commission on En-vironmental Quality (TCEQ) has scheduled the notice and comment hearing regarding this application and draft permit as follows:

Date: July 29, 2021

Time: 7:00 p.m.

Application and Draft Permit. Building Materials Investment Cor-poration, 2600 Singleton Boulevard, Dallas, Texas 75212-3738, an As-phalt Shingle and Coating Materials Manufacturing facility, has ap-plied to the TCEQ for a Renewal of Federal Operating Permit (herein referred to as permit) No. O2771, Application No. 30975 to authorize operation of the Dallas Plant. The area addressed by the application is located at 2600 Singleton Boulevard in Dallas, Dallas County, Texas 75212-3738. This application was received by the TCEQ on July 29, 2020.

The TCEQ Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if ap-proved, will codify the conditions under which the site must operate. The TCEQ Executive Director recommends issuance of the draft per-mit. The purpose of a federal operating permit is to improve overall compliance with the rules governing air pollution control by clearly listing all applicable requirements, as defined in Title 30 Texas Ad-ministrative Code (TAC) §122.10. The permit will not authorize new construction or new emissions.

Notice and Comment Hearing. The hearing will be structured for the receipt of oral or written comments by interested persons. Registra-tion and an informal discussion period with commission staff members will begin during the first 30 minutes. During the informal discussion period, the public is encouraged to ask questions and engage in open discussion with the applicant and the TCEQ staff concerning this ap-plication and draft permit. Issues raised during this discussion period will only be addressed in the formal response to comments if the issue is also presented during the hearing. After the conclusion of the infor-

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mal discussion period, the TCEQ will conduct a notice and comment hearing regarding the application and draft permit. Individuals may present oral statements when called upon in order of registration. A five-minute time limit may be established at the hearing to assure that enough time is allowed for every interested person to speak. The pur-pose of this hearing will be to receive formal public comment which the TCEQ will consider in determining whether to revise and/or issue the permit and in determining the accuracy and completeness of the permit. Any person may attend this hearing and submit written or oral comments. The hearing will be conducted in accordance with the Texas Clean Air Act § 382.0561, as codified in the Texas Health and Safety Code, and 30 TAC § 122.340.

Members of the public who would like to ask questions or provide com-ments during the hearing may access the hearing via webcast by fol-lowing this link: https://www.gotomeeting.com/webinar/join-webi-nar and entering Webinar ID 192-616-739. It is recommended that you join the webinar and register for the hearing at least 15 minutes before the hearing begins. You will be given the option to use your computer audio or to use your phone for participating in the webinar.

Those without internet access may call (512) 239-1201 at least one day prior to the hearing for assistance in accessing the hearing and participating telephonically. Members of the public who wish to only listen to the hearing may call, toll free, (415) 655-0060 and enter access code 569-744-316.

Las personas que deseen escuchar o participar en la reunión en es-pañol pueden llamar al (844) 368-7161 e ingresar el código de acceso 904535#. Para obtener más información o asistencia, comuníquese con Jaime Fernández al (512) 239-2566.

Additional information will be available on the agency calendar of events at the following link: https://www.tceq.texas.gov/agency/de-cisions/hearings/calendar.html.

Persons with disabilities who need special accommodations at the hear-ing should call the Office of the Chief Clerk at (512) 239-3300 or (800) RELAY-TX (TDD) at least five business days prior to the hearing.

Any person may also submit written comments before the hearingto the Texas Commission on Environmental Quality, Office of ChiefClerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087, or elec-tronically at www14.tceq.texas.gov/epic/eComment/. Written com-ments should include (1) your name, address, and daytime telephone number, and (2) the draft permit number found at the top of this notice.

A notice of proposed final action that includes a response to com-ments and identification of any changes to the draft permit will be mailed to everyone who submitted: written comments, and/or hearing requests, attended the hearing, or requested to be on the mailing list for this application. This mailing will also provide in-structions for public petitions to the U.S. Environmental Protection Agency (EPA) to request that the EPA object to the issuance of the proposed permit. After receiving a petition, the EPA may only object to the issuance of a permit which is not in compliance with applicable requirements or the requirements of 30 TAC Chapter 122.

Mailing List. In addition to submitting public comments, a person may ask to be placed on a mailing list for this application by sending a request to the TCEQ Office of the Chief Clerk at the address above. Those on the mailing list will receive copies of future public notices (if any) mailed by the Chief Clerk for this application.

Information. For additional information about this permit applica-tion or the permitting process, please contact the Texas Commission on Environmental Quality, Public Education Program, MC‑108, P.O. Box 13087, Austin, Texas 78711-3087 or toll free at (800) 687-4040. Gen-

eral information about the TCEQ can be found at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687‑4040. Further information may also be obtained for Building Materials In-vestment Corporation by calling Kevin Bush, Environmental Engineer at (972) 872-2325.

Notice Issuance Date: June 4, 2021

TRD-202102234 Laurie Gharis Chief Clerk Texas Commission on Environmental Quality Filed: June 8, 2021

♦ ♦ ♦ Notice of Hearing on Lubrandon English: SOAH Docket No. 582-21-2294; TCEQ Docket No. 2021-0507-LIC

APPLICATION.

Lubrandon English, 9702 West Ferris Branch Boulevard, Apartment 428, Dallas, Texas 75243, has applied to the Texas Commission on En-vironmental Quality (TCEQ) for a new Water Operator License. The Executive Director denied Mr. English's application for cause. Mr. English has requested a formal hearing on the Executive Director's de-cision. During the review of Mr. English's application, the Executive Director discovered that Mr. English received deferred adjudication for a First-Degree Felony and a conviction for a Class B Misdemeanor. The Executive Director denied Mr. English's application because he considers these citations to be for offenses that directly relate to the duties and responsibilities of the licensed occupation.

CONTESTED CASE HEARING.

The State Office of Administrative Hearings (SOAH) will conduct a preliminary hearing via Zoom videoconference. A Zoom meeting is a secure, free meeting held over the internet that allows video, audio, or audio/video conferencing.

10:00 a.m. - July 6, 2021

To join the Zoom meeting via computer:

https://soah-texas.zoomgov.com/

Meeting ID: 160 470 3724

Password: j3y9Wu

or

To join the Zoom meeting via telephone:

(669) 254-5252 or (646) 828-7666

Meeting ID: 160 470 3724

Password: 144381

The purpose of a preliminary hearing is to establish jurisdiction, name the parties, establish a procedural schedule for the remainder of the proceeding, provide an opportunity for settlement discussions, and ad-dress other matters as determined by the administrative law judge. The preliminary hearing will be held unless all timely hearing requests are withdrawn or the parties agree to waive the preliminary hearing.

The evidentiary phase of the contested case hearing, to be held at a later date, will be a legal proceeding similar to a civil trial in state dis-trict court to determine whether Mr. English should be issued a Water Operator License. Unless agreed to by all parties in attendance at the preliminary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. If Lubrandon English fails to appear at

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the preliminary hearing or evidentiary hearing, the Executive Di-rector will request that the hearing be canceled, and that appeal ofthe Executive Director's decision be dismissed.

SOAH's rules allow for participation by telephone or videoconfer-ence. Permission must be obtained from SOAH at least ten days before the hearing.

Legal Authority: Texas Water Code Chapters 5 and 37; Texas Occu-pations Code Chapter 53; Texas Government Code, Chapter 2001; 30 Texas Administrative Code (TAC) Chapter 30, and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapters 70 and 80 and 1 TAC Chapter 155.

INFORMATION.

For information concerning the hearing process, please contact the TCEQ Office of Public Interest Counsel, MC 103, P. O. Box 13087, Austin, Texas 78711-3087, (512) 239-6363. Further information regarding this hearing may be obtained by contacting Alicia Ramirez, Staff Attorney, TCEQ, Environmental Law Division, MC 173, P. O. Box 13087, Austin, Texas 78711-3087, (512) 239-0133. Gen-eral information about the TCEQ can be found at our web site at www.tceq.texas.gov. General information about SOAH can be found on its website at www.soah.texas.gov/index.asp, or by calling (512) 475-4993.

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

In accordance with 1 Texas Administrative Code §155.401(a), No-tice of Hearing, "Parties that are not represented by an attorneymay obtain information regarding contested case hearings on the public website of the State Office of Administrative Hearings at www.soah.texas.gov, or in printed format upon request to SOAH."

Persons with disabilities who need special accommodations at the hear-ing should call the SOAH Docketing Department at (512) 475-4993, at least one week prior to the hearing.

Issued: June 2, 2021

TRD-202102162 Laurie Gharis Chief Clerk Texas Commission on Environmental Quality Filed: June 3, 2021

♦ ♦ ♦ Notice of Opportunity to Comment on Agreed Orders of Administrative Enforcement Actions The Texas Commission on Environmental Quality (TCEQ or commis-sion) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an op-portunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the opportunity to comment must be pub-lished in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July

20, 2021. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory au-thority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written com-ments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Build-ing A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the ap-plicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the com-mission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on July 20, 2021. Comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The designated attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; how-ever, TWC, §7.075, provides that comments on an AO shall be submit-ted to the commission in writing.

(1) COMPANY: James Lewis Allen dba Holiday Springs Mobile Home Park; DOCKET NUMBER: 2020-0672-PWS-E; TCEQ ID NUMBER: RN101194041; LOCATION: 8285 United States Highway 59 South, Marshall, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: Texas Health and Safety Code (THSC), §341.0351, and 30 TAC §290.39(j), by failing to notify the executive director (ED) prior to making any significant change or addition to the system's production, treatment, storage, pressure maintenance, or distribution facilities; 30 TAC §290.46(f)(2) and (3)(A)(ii)(V), (iii), and (vi) and (B)(v), by failing to maintain water works operation and maintenance records and make them readily available for review by the ED upon request; 30 TAC §290.110(c)(5), by failing to conduct chloramine effectiveness sampling to ensure that monochloramine is the prevailing chloramine species and that nitrification is controlled; 30 TAC §290.121(a) and (b), by failing to maintain an up-to-date chemical and microbiological monitoring plan at each water treatment plant that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the public water system will use to comply with the monitoring requirements; THSC, §341.0315(c) and 30 TAC §290.45(b)(1)(C)(i), by failing to provide a well capacity of 0.6 gallon per minute (gpm) per connection; THSC, §341.0315(c) and 30 TAC §290.45(b)(1)(C)(ii), by failing to provide a total storage capacity of 200 gallons per connection; THSC, §341.0315(c) and 30 TAC §290.45(b)(1)(C)(iii), by failing to provide two or more pumps having a total capacity of 2.0 gpm per connection at each pump station or pressure plane; and THSC, §341.0315(c) and 30 TAC §290.45(b)(1)(C)(iv), by failing to provide a pressure tank capacity of 20 gallons per connection; PENALTY: $2,524; STAFF ATTORNEY: Judy Bohr, Litigation, MC 175, (512) 239-5807; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(2) COMPANY: Randy Earl Wyly and Hillside Dairy, LLC; DOCKET NUMBER: 2020-0907-AGR-E; TCEQ ID NUMBER: RN102065166; LOCATION: 3502 County Road 209, Hico, Erath County; TYPE OF FACILITY: a concentrated animal feeding operation; RULES VIOLATED: 30 TAC §305.62 and §321.33(g) and Texas Pollutant Dis-charge Elimination System General Permit number WQ0003160000, Part V.B., by failing to obtain TCEQ authorization prior to beginning physical construction or operation of a new control facility - specifi-cally, respondents controlled and operated three additional properties considered to be Land Management Units without authorization;

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PENALTY: $4,875; STAFF ATTORNEY: Jim Sallans, Litigation, MC 175, (512) 239-2053; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800. TRD-202102224 Charmaine Backens Deputy Director, Litigation Texas Commission on Environmental Quality Filed: June 8, 2021

♦ ♦ ♦ Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions The Texas Commission on Environmental Quality (TCEQ or commis-sion) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent the Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the pro-posed penalty; the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hear-ing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the proce-dure followed with respect to Agreed Orders entered into by the execu-tive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 20, 2021. The commission will consider any writ-ten comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory au-thority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written com-ments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Build-ing A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the appli-cable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on July 20, 2021. Comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: Ali Hassan; DOCKET NUMBER: 2020-0296-MSW-E; TCEQ ID NUMBER: RN110848280; LOCATION: near Spur 557 and Farm-to-Market Road 148, Terrell, Kaufman County; TYPE OF FACILITY: trucking company; RULE VIOLATED: 30 TAC §327.5(c), by failing to submit written information, describing the details of the discharge or spill and supporting the adequacy of the response action within 30 working days of the discovery of the re-portable discharge or spill; PENALTY: $1,312; STAFF ATTORNEY: Taylor Pearson, Litigation, MC 175, (512) 239-5937; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Louis Michael Alvarez dba MBD Body and Paint; DOCKET NUMBER: 2019-1256-AIR-E; TCEQ ID NUMBER: RN100546829; LOCATION: 1421 North Lee Trevino Drive, Suite C6, El Paso, El Paso County; TYPE OF FACILITY: auto body repair and refinishing shop; RULES VIOLATED: Texas Health and Safety Code, §382.0518(a) and §382.085(b) and 30 TAC §116.110(a), by failing to obtain authorization prior to constructing or modifying a source of air contaminants; PENALTY: $1,312; STAFF ATTORNEY: Taylor Pearson, Litigation, MC 175, (512) 239-5937; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(3) COMPANY: Project Storm, LLC; DOCKET NUMBER: 2020-0840-AIR-E; TCEQ ID NUMBER: RN110445749; LOCA-TION: 2600 Hobbs Road, League City, Galveston County; TYPE OF FACILITY: portable air curtain incinerator (ACI); RULES VI-OLATED: Texas Health and Safety Code (THSC), §382.054 and §382.085(b) and 30 TAC §122.121, by failing to obtain a federal oper-ating permit prior to operating an ACI; and THSC, §382.0518(a) and §382.085(b) and 30 TAC §116.110(a), by failing to obtain authoriza-tion prior to constructing or modifying a source of air contaminants; PENALTY: $5,000; STAFF ATTORNEY: Casey Kurnath, Litigation, MC 175, (512) 239-5932; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500. TRD-202102225 Charmaine Backens Deputy Director, Litigation Texas Commission on Environmental Quality Filed: June 8, 2021

♦ ♦ ♦ Notice of Opportunity to Comment on Shutdown/Default Orders of an Administrative Enforcement Action

The Texas Commission on Environmental Quality (TCEQ or com-mission) staff is providing an opportunity for written public comment on the listed Shutdown/Default Orders (S/DOs). Texas Water Code (TWC), §26.3475, authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after De-cember 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into com-pliance with those regulations. The commission proposes a Shutdown Order after the owner or operator of a UST facility fails to perform re-quired corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or after December 22, 1998, cathodic protection violations documented at the facility. The commission proposes a Default Order when the staff has sent an Ex-ecutive Director's Preliminary Report and Petition (EDPRP) to an en-tity outlining the alleged violations, the proposed penalty, the proposed technical requirements necessary to bring the entity back into compli-ance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to par-ticipate at the hearing. In accordance with TWC, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 20, 2021. The commission will consider any written comments received and the commission may withdraw or withhold approval of an S/DO if a com-ment discloses facts or considerations that indicate that consent to the proposed S/DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accor-

IN ADDITION June 18, 2021 46 TexReg 3767

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♦ ♦ ♦ dance with the commission's regulatory authority. Additional notice of changes to a proposed S/DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed S/DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about the S/DO shall be sent to the attorney designated for the S/DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on July 20, 2021. Written comments may also be sent by facsimile machine to the attor-ney at (512) 239‑3434. The commission's attorneys are available to discuss the S/DOs and/or the comment procedure at the listed phone number; however, comments on the S/DOs shall be submitted to the commission in writing.

(1) COMPANY: FOREVER BUSINESS INC dba Fast Lane Food Mart aka Babba Fuel Store; DOCKET NUMBER: 2019-0949-PST-E; TCEQ ID NUMBER: RN101739977; LOCATION: 12660 Highway 59 South, Shepherd, San Jacinto County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(a) and (c)(1) and 30 TAC §334.50 and §334.54(c)(2), by failing to perform a proper return to service for USTs which have been temporarily out of service; and 30 TAC §330.10(b)(1)(B), by failing to assure that all UST recordkeeping requirements are met; PENALTY: $5,353; STAFF ATTORNEY: Jake Marx, Litigation, MC 175, (512) 239-5111; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(2) COMPANY: GLOBAL GOLDEN, INC. dba Waco Travel Stop; DOCKET NUMBER: 2019-0940-PST-E; TCEQ ID NUMBER: RN103194361; LOCATION: 1001 Enterprise Boulevard, Hewitt, McLennan County; TYPE OF FACILITY: UST system and a conve-nience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases in a manner in which will detect a release at a frequency of at least once every 30 days; TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a non-removable point in the immediate area of the fill tube for each regulated UST according to the UST registration and self-certification form; TWC, §26.3475(c)(2) and 30 TAC §334.42(i), by failing to inspect all sumps, manways, overspill containers, or catchment basins associated with a UST system at least once every 60 days to assure that their sides, bottoms, and any penetration points are maintained liquid tight; TWC, §26.3475(c)(2) and 30 TAC §334.51(a)(6), by failing to ensure that all installed spill containment devices are maintained in good operating condition; 30 TAC §334.605(a), by failing to ensure that certified Class A and B operators were retrained within three years of their last training date; and 30 TAC §334.10(b)(2), by failing to assure that all UST recordkeeping requirements are met; PENALTY: $46,458; STAFF ATTORNEY: Taylor Pearson, Litigation, MC 175, (512) 239-5937; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335. TRD-202102223 Charmaine Backens Deputy Director, Litigation Texas Commission on Environmental Quality Filed: June 8, 2021

Notice of Public Hearing on Assessment of Administrative Penalties and Requiring Certain Actions of Harmen Waterlander: SOAH Docket No. 582-21-2304; TCEQ Docket No. 2019-0633-AGR-E

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

10:00 a.m. - July 8, 2021

To join the Zoom meeting via computer:

https://soah-texas.zoomgov.com/

Meeting ID: 161 785 0188

Password: 4Xib66

or

To join the Zoom meeting via telephone dial:

(669) 254-5252 or (646) 828-7666

Meeting ID: 161 785 0188

Password: 471639

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed December 2, 2020 concern-ing assessing administrative penalties against and requiring certain ac-tions of Harmen Waterlander, for violations in Erath County, Texas, of: Texas Water Code §26.121(a)(1), 30 Texas Administrative Code §§305.125(1), 321.31(a), 321.36(b), and 321.39(c)(1) and (g)(2), and Texas Pollutant Discharge Elimination System ("TPDES") Permit No. TXG920560, Part III.A.10(e), III.A.12(c)(1), and III.B.5.

The hearing will allow Harmen Waterlander, the Executive Director, and the Commission's Public Interest Counsel to present evidence on whether a violation has occurred, whether an administrative penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hearing will be to establish jurisdiction, afford Harmen Waterlander, the Executive Director of the Commission, and the Commission's Public Interest Counsel an opportunity to negotiate and to establish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the prelimi-nary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. Upon failure of Harmen Waterlander to ap-pear at the preliminary hearing or evidentiary hearing, the factualallegations in the notice will be deemed admitted as true, and the relief sought in the notice of hearing may be granted by default.The specific allegations included in the notice are those set forth inthe Executive Director's Preliminary Report and Petition, attachedhereto and incorporated herein for all purposes. Harmen Waterlan-der, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceed-ing.

Legal Authority: Tex. Water Code §7.054 and chs. 7 and 26 and 30 TAC chs. 70, 305, and 321; Tex. Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 TAC §70.108 and §70.109 and ch. 80, and 1 TAC ch. 155.

Further information regarding this hearing may be obtained by con-tacting Clayton Smith, Staff Attorney, Texas Commission on Environ-mental Quality, Litigation Division, Mail Code 175, P.O. Box 13087,

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Austin, Texas 78711-3087, telephone (512) 239-3400. Information concerning your participation in this hearing may be obtained by con-tacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the same P.O. Box address given above, or by telephone at (512) 239-6363.

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

In accordance with 1 TAC §155.401(a), Notice of Hearing, "Par-ties that are not represented by an attorney may obtain informa-tion regarding contested case hearings on the public website of theState Office of Administrative Hearings at www.soah.texas.gov, orin printed format upon request to SOAH."

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

Issued: June 7, 2021

TRD-202102221 Laurie Gharis Chief Clerk Texas Commission on Environmental Quality Filed: June 7, 2021

♦ ♦ ♦ Texas Health and Human Services Commission Notice of Post Award Forum for the 1115 Texas Healthcare Transformation Quality Improvement Program Waiver (THTQIP Waiver); Notice of Post Award Forum for the Texas Healthy Women 1115 Waiver (HTW); and Notice of Public Hearing on the THTQIP Waiver Extension Request Hearing. The Health and Human Services Commission (HHSC) will conduct a virtual post award forum and public hearing on June 21, 2021 beginning at 1:00 p.m. (CDT) to provide updates and to solicit feed-back and receive comment on the progress of the 1115 Texas Healthcare Transformation Quality Improvement Program (THTQIP) Waiver; to provide updates and solicit comment on the THTQIP Waiver extension application; and to provide updates and to solicit feedback and receive comment on the progress of the Healthy Texas Women (HTW) Waiver.

Due to the COVID-19 pandemic, this hearing will be conducted vir-tually using GoToWebinar only. To join the hearing, go to https://at-tendee.gotowebinar.com/register/3923607658676568333.

There is not a physical location for this hearing.

The agenda for the hearing is:

1. Welcome and introductions;

2. Post-Award Forum on the THTQIP Waiver;

3. Extension of the THTQIP Waiver;

4. Post-Award Forum on the HTW Waiver;

5. Public comment; and

6. Adjournment.

Public Testimony. Public testimony and comment will be taken virtu-ally.

During the hearing, attendees who wish to provide public comment may indicate their intention through the GoToWebinar chat feature. The moderator will enable these attendees to provide oral comments virtually during the public comment portion of the hearing.

Written Comments: Written comments may be submitted by U.S. mail to the Texas Health and Human Services Commission, Atten-tion: Basundhara Raychaudhuri, Waiver Coordinator, Policy Devel-opment Support, Mail Code H-600, P.O. Box 13247, Austin, Texas 78711-3247; by fax to Basundhara Raychaudhuri at (512) 206-3975; or by e-mail to [email protected].

Written Comments on the progress of the THTQIP Waiver. Written comments on the progress of the THTQIP Waiver may be submitted instead of, or in addition to, oral testimony until 5 p.m. on Monday June 21, 2021.

Written Comments on the THTQIP Waiver Extension. Written comments regarding the extension application for the THTQIP Waiver may be submitted instead of, or in addition to, oral testimony until 5 p.m. on Monday, June 28, 2021.

Written Comments on the progress of the HTW Waiver. Written comments on the progress of the HTW Waiver may be submitted in-stead of, or in addition to, oral testimony until 5 p.m. on Monday June 21, 2021.

Contact: To ask questions, obtain a free hard copy of the waiver ex-tension application, or obtain additional information, please contact the HHSC Waiver Coordination Office at (512) 487-3318 or [email protected].

A copy of the proposed waiver extension application is also available at the following link on the HHSC website: https://hhs.texas.gov/laws-regulations/policies-rules/waivers/waiver-renewal. TRD-202102190 Karen Ray Chief Counsel Texas Health and Human Services Commission Filed: June 4, 2021

♦ ♦ ♦ Texas Department of Housing and CommunityAffairs Request for Qualifications The Texas Department of Housing and Community Affairs ("Depart-ment") has posted Request for Qualifications ("RFQ") #332-RFQ21-1001, for a law firm to serve as outside bond counsel for its single and multifamily bond programs. If you are interested in providing a response to this RFQ please view the Request for Qualifications post-ing on the Electronic State Business Daily ("ESBD"). The website is http://esbd.cpa.state.tx.us/. You can search by the RFQ number listed above. The RFQ is also posted on the Department's website http://td-hca.state.tx.us. TRD-202102245 Bobby Wilkinson Executive Director Texas Department of Housing and Community Affairs Filed: June 9, 2021

♦ ♦ ♦ Request for Qualifications

IN ADDITION June 18, 2021 46 TexReg 3769

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♦ ♦ ♦

♦ ♦ ♦

The Texas Department of Housing and Community Affairs ("Depart-ment") has posted Request for Qualifications ("RFQ") #332-RFQ21-1002, for a law firm to serve as outside bond securities disclosure coun-sel for its single and multifamily bond programs. If you are interested in providing a response to this RFQ please view the Request for Quali-fications posting on the Electronic State Business Daily ("ESBD"). The website is http://esbd.cpa.state.tx.us/. You can search by the RFQ num-ber listed above. The RFQ is also posted on the Department's website http://tdhca.state.tx.us.

This filing serves as a correction to RFQ #332-RFQ21-1002 as posted in the June 4, 2021 edition of the Texas Register, which contained er-roneous information. TRD-202102246 Bobby Wilkinson Executive Director Texas Department of Housing and Community Affairs Filed: June 9, 2021

♦ ♦ ♦ Request for Qualifications The Texas Department of Housing and Community Affairs ("Depart-ment") has posted Request for Qualifications ("RFQ") #332-RFQ21-1003, for a law firm to serve as outside document preparation counsel to prepare real estate loan and related documents. If you are interested in providing a response to this RFQ please view the Request for Quali-fications posting on the Electronic State Business Daily ("ESBD"). The website is http://esbd.cpa.state.tx.us/. You can search by the RFQ num-ber listed above. The RFQ is also posted on the Department's website http://tdhca.state.tx.us.

This filing serves as a correction to RFQ #332-RFQ21-1003 as posted in the June 4, 2021 edition of the Texas Register, which contained er-roneous information. TRD-202102247 Bobby Wilkinson Executive Director Texas Department of Housing and Community Affairs Filed: June 9, 2021

♦ ♦ ♦ Request for Qualifications The Texas Department of Housing and Community Affairs ("Depart-ment") has posted Request for Qualifications ("RFQ") #332-RFQ21-1004, for a law firm to serve as low-income housing tax credit outside counsel for its tax credit programs. If you are interested in providing a response to this RFQ please view the Request for Qualifications post-ing on the Electronic State Business Daily ("ESBD"). The website is http://esbd.cpa.state.tx.us/. You can search by the RFQ number listed above. The RFQ is also posted on the Department's website http://td-hca.state.tx.us.

This filing serves as a correction to RFQ #332-RFQ21-1004 as posted in the June 4, 2021, edition of the Texas Register, which contained er-roneous information. TRD-202102248 Bobby Wilkinson Executive Director Texas Department of Housing and Community Affairs Filed: June 9, 2021

Texas Department of Insurance Company Licensing

Application to do business in the state of Texas for Incline National Insurance Company, a domestic fire and/or casualty company. The home office is in Austin, Texas.

Any objections must be filed with the Texas Department of Insur-ance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Robert Rudnai, 333 Guadalupe Street, MC 103-CL, Austin, Texas 78701. TRD-202102235 James Person General Counsel Texas Department of Insurance Filed: June 9, 2021

♦ ♦ ♦ Public Utility Commission of Texas Notice of Petition for Rulemaking

Notice is given to the public of a petition filed with the Public Util-ity Commission of Texas (commission) on June 1, 2021, to initiate a rulemaking to amend 16 Texas Administrative Code §25.29(i) and §25.483(j).

Project Title and Number: Petition of The Coalition of Competitive Retail Electric Providers for Rulemaking and Request for Emergency Relief. Project Number 52200.

Summary of Petition: The Coalition of Competitive Retail Electric Providers filed a petition for rulemaking to amend 16 Texas Admin-istrative Code §25.29(i), and §25.483(j) regarding Disconnection of Service. The petitioners state that the proposed amendments would apply a disconnection moratorium to counties where states of disaster are declared by the Governor. The amendments would further provide that future prohibitions against disconnections would last for five (5) calendar days unless renewed by the Commission for successive five (5) day periods after notice and opportunity for comment.

The deadline to file comments in this project is July 9, 2021. Comments must be filed at the Public Utility Commission of Texas, 1701 N. Con-gress, Austin, Texas 78701. Interested persons may contact the com-mission at (512) 936-7120 or (toll-free) (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) (800) 735-2989. All comments should reference Project Number 52200. TRD-202102163 Andrea Gonzalez Rules Coordinator Public Utility Commission of Texas Filed: June 3, 2021

46 TexReg 3770 June 18, 2021 Texas Register