IN ADDITION

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following 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 10/30/23 - 11/05/23 is 18.00% for consumer1 credit.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 10/30/23 - 11/05/23 is 18.00% for commercial2 credit.

1 Credit for personal, family, or household use.

2 Credit for business, commercial, investment, or other similar purpose.

TRD-202303921

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: October 25, 2023


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is December 7, 2023. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on December 7, 2023. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission's enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on the AOs shall be submitted to the commission in writing.

(1) COMPANY: Apple Springs Independent School District; DOCKET NUMBER: 2021-1595-MWD-E; IDENTIFIER: RN101607851; LOCATION: Apple Springs, Trinity County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.65 and §305.125(2) and TWC, §26.121(a)(1), by failing to maintain authorization to discharge wastewater into or adjacent to any water in the state; PENALTY: $13,750; ENFORCEMENT COORDINATOR: Taylor Williamson, (512) 239-2097; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(2) COMPANY: City of Crystal City; DOCKET NUMBER: 2022-0431-PWS-E; IDENTIFIER: RN101242162; LOCATION: Crystal City, Zavala County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; PENALTY: $690; ENFORCEMENT COORDINATOR: Nick Lohret-Froio, (512) 239-4495; REGIONAL OFFICE: 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(3) COMPANY: City of Pearland; DOCKET NUMBER: 2022-0781-MWD-E; IDENTIFIER: RN101609196; LOCATION: Pearland, Brazoria 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 WQ0010134007, Interim I Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $83,375; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $83,375; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-1337; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(4) COMPANY: Energy Transfer GC NGL Fractionators LLC f/k/a Lone Star NGL Fractionators LLC; DOCKET NUMBER: 2021-0408-AIR-E; IDENTIFIER: RN106018260; LOCATION: Baytown, Chambers County; TYPE OF FACILITY: natural gas processing plant; RULES VIOLATED: 30 TAC §101.201(b)(1)(D), (G), and (H) and §122.143(4), Federal Operating Permit (FOP) Number O3586, 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), 116.615(2), and 122.143(4), Standard Permit Registration Number 93813, FOP Number O3586, GTC and STC Numbers 8, 11.B, 12, and 15.B, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $83,200; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $38,480; ENFORCEMENT COORDINATOR: Mackenzie Mehlmann, (512) 239-2572; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(5) COMPANY: ExxonMobil Pipeline Company; DOCKET NUMBER: 2021-1370-AIR-E; IDENTIFIER: RN105149819; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: refined products pipeline; RULE VIOLATED: Texas Health and Safety Code, §382.085(a) and (b), by failing to prevent unauthorized emissions; PENALTY: $67,500; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $33,750; ENFORCEMENT COORDINATOR: Johnnie Wu, (512) 239-2524; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(6) COMPANY: HEAVENS MOBILE HOME PARK, LLC; DOCKET NUMBER: 2023-0226-UTL-E; IDENTIFIER: RN101214229; LOCATION: Kerrville, Kerr County; TYPE OF FACILITY: retail public utility, exempt utility, or provider or conveyor of potable or raw water service that furnishes water service; RULE VIOLATED: TWC, §13.1394(b)(2), by failing to adopt and submit to the TCEQ for approval an emergency preparedness plan that demonstrates the facility's ability to provide emergency operations; PENALTY: $600; ENFORCEMENT COORDINATOR: Tessa Bond, (512) 239-1269; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 492-3096.

(7) COMPANY: J&M Pallet Recycle LLC dba Midway Truck Stop; DOCKET NUMBER: 2023-0951-MLM-E; IDENTIFIER: RN103048799; LOCATION: Gilmer, Upshur County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) disposal site; RULES VIOLATED: 30 TAC §111.201 and Texas Health and Safety Code, §382.085(b), by failing to not cause, suffer, allow, or permit outdoor burning within the State of Texas; and 30 TAC §330.15(a) and (c), by failing to not cause, suffer, allow, or permit the unauthorized disposal of MSW; PENALTY: $6,951; ENFORCEMENT COORDINATOR: Ramyia Wandt, (512) 239-2513; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(8) COMPANY: The George R. Brown Partnership, L.P.; DOCKET NUMBER: 2022-1627-AIR-E; IDENTIFIER: RN111240834; LOCATION: Post, Garza County; TYPE OF FACILITY: sour natural gas and condensate/crude oil production facility; RULES VIOLATED: 30 TAC §116.110(a) and Texas Health and Safety Code, §382.0518(a) and §382.085(b), by failing to obtain authorization prior to constructing or modifying a source of air contaminants; PENALTY: $1,675; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $670; ENFORCEMENT COORDINATOR: Mackenzie Mehlmann, (512) 239-2572; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(9) COMPANY: The Kansas City Southern Railway Company; DOCKET NUMBER: 2021-0593-WQ-E; IDENTIFIER: RN111127288; LOCATION: Mauriceville, Orange County; TYPE OF FACILITY: train derailment site; RULE VIOLATED: TWC, §26.121(a)(1), by failing to prevent an unauthorized discharge of industrial waste into or adjacent to any water in the state; PENALTY: $45,000; ENFORCEMENT COORDINATOR: Mistie Gonzales, (254) 761-0356; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(10) COMPANY: Vander Horst Enterprises, LLC and 360 AG MANAGEMENT LLC; DOCKET NUMBER: 2022-0795-AGR-E; IDENTIFIER: RN102739307; LOCATION: Dublin, Erath County; TYPE OF FACILITY: concentrated animal feeding operation (CAFO); RULES VIOLATED: 30 TAC §305.125(1) and §321.40(d), TWC, §26.121, and Texas Pollutant Discharge Elimination System (TPDES) CAFO General Permit Number TXG921489, Part III.A.12.(c)(1), by failing to prevent the unauthorized discharge of agricultural waste into or adjacent to any water in the state; 30 TAC §305.125(8) and TPDES CAFO General Permit Number TXG921489, Part II.C.3.(a), by failing to submit a Notice of Change for a Substantial Change; 30 TAC §321.40(b) and TPDES CAFO General Permit Number TXG921489, Part III.A.12.(c)(4), by failing to apply waste at agronomic rates and hydrologic needs; 30 TAC §321.40(h) and §321.42(w) and TPDES CAFO General Permit Number TXG921489, Part III.A.12.(f)(1), by failing to adhere to required buffers; 30 TAC §321.40(m)(1)(B) and TPDES CAFO General Permit Number TXG921489, Part III.A.13.(a)(2), by failing to collect and analyze soil samples prior to waste application; 30 TAC §321.44 and TPDES CAFO General Permit Number TXG921489, Part IV.B.5, by failing to properly notify the TCEQ of a discharge to water in the state; and 30 TAC §321.46(d)(10) and TPDES CAFO General Permit Number TXG921489, Part IV.A.2.(a)(b), by failing to keep records in the pollution prevention plan for a minimum of five years from the date the record was created; PENALTY: $17,213; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-1337; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-202303901

Gitanjali Yadav

Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: October 24, 2023


Enforcement Orders

An agreed order was adopted regarding Joseph Gaber dba Cody's Market, Docket No. 2020‑1500‑PST‑E on October 25, 2023 assessing $14,677 in administrative penalties with $2,935 deferred. Information concerning any aspect of this order may be obtained by contacting Karolyn Kent, 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 A & K ENTERPRISES, INC. dba Country Food Store, Docket No. 2021‑0549‑PWS‑E on October 25, 2023 assessing $5,775 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Benjamin Pence, 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 Shell USA, Inc. f/k/a Shell Oil Company, Docket No. 2021‑0555‑AIR‑E on October 25, 2023 assessing $13,125 in administrative penalties with $2,625 deferred. Information concerning any aspect of this order may be obtained by contacting Mackenzie Mehlmann, 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 Sofiyashanu Enterprises Inc dba 1604 Corner Store, Docket No. 2021‑0964‑PST‑E on October 25, 2023 assessing $3,869 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Katherine Keithley, 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 Cinco Southwest Municipal Utility District No. 1, Docket No. 2021‑0987‑MWD‑E on October 25, 2023 assessing $42,000 in administrative penalties with $8,400 deferred. Information concerning any aspect of this order may be obtained by contacting Harley Hobson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding US Ecology Texas, Inc., Docket No. 2022‑0806‑WDW‑E on October 25, 2023 assessing $70,300 in administrative penalties with $14,060 deferred. Information concerning any aspect of this order may be obtained by contacting Karolyn Kent, 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 Ferguson Food Mart LLC dba EZ Stop 3, Docket No. 2022‑0965‑PST‑E on October 25, 2023 assessing $32,713 in administrative penalties with $6,542 deferred. Information concerning any aspect of this order may be obtained by contacting Karolyn Kent, 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 Pool Brothers, LLC, Docket No. 2023‑0551‑MWD‑E on October 25, 2023 assessing $25,866 in administrative penalties with $5,173 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 order was adopted regarding Ranch Hand Apartments, LLC, Docket No. 2022-0063-PWS-E on October 25, 2023 assessing $43,750 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting William Hogan, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

TRD-202303933

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 25, 2023


Notice of an Application for a Temporary Water Use Permit Application No. 13883

Notices Issued October 19, 2023

Phillips 66 Company, Applicant, 8189 Old FM 524, Old Ocean, Texas 77463, seeks a temporary water use permit to divert and use not to exceed 55.40 acre-feet of water, within a period of three years, from a point on Jones Creek, tributary of Intracoastal Waterway, Brazos-Colorado Coastal Basin, at a maximum diversion rate of 8.91 cfs (4,000 gpm) for industrial purposes in Brazoria County. More information on the application and how to participate in the permitting process is given below.

The application was received on October 28, 2022. Additional information and fees were received on February 2, February 10, May 11, May 15, and May 19, 2023. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on May 31, 2023.

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, streamflow restrictions and installing a measuring device for diversions. The application, technical memoranda, and Executive Director's draft permit are available for viewing on the TCEQ web page at: at https://www.tceq.texas.gov/permitting/water_rights/wr-permitting/view-wr-pend-apps. Alternatively, you may request a copy of the documents by contacting the TCEQ Office of the Chief Clerk by phone at (512) 239-3300 or by mail at TCEQ OCC, Notice Team (MC-105), P.O. Box 13087, Austin, Texas 78711.

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 November 6, 2023. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

The TCEQ may grant a contested case hearing on this application if a written hearing request is filed by November 6, 2023. The Executive Director may approve the application unless a written request for a contested case hearing is filed by November 6, 2023.

To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit proposed conditions for the requested permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments, or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at https://www14.tceq.texas.gov/epic/eComment/ by entering WRTP 13883 in the search field. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address.

For additional information, individual members of the general public may contact the Public Education Program at (800) 687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040 o por el internet al http://www.tceq.texas.gov.

TRD-202303927

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 25, 2023


Notice of an Application to Amend a Water Use Permit Application No. 5778A

Notices Issued October 24, 2023

Upper Trinity Regional Water District, P.O. Box 305, Lewisville, Texas 75067, Applicant, seeks to amend Water Use Permit No. 5778 to authorize the use of the bed and banks of an unnamed tributary of Little Elm Creek, Little Elm Creek, Doe Branch, Cantrell Slough, North Hickory Creek, Hickory Creek, Ranger Branch, Clear Creek, Aubrey Branch, the Elm Fork Trinity River and the Elm Fork Trinity River (Lake Lewisville), Trinity River Basin to convey additional Lake Chapman-derived return flows for subsequent diversion and reuse for municipal and industrial purposes in UTRWD's service area in Denton, Collin, Grayson, Cooke, Wise, Dallas, and Tarrant counties, Trinity River Basin. The application does not request to increase the total volume of Lake Chapman-derived return flows available for reuse or to increase the maximum rate of diversion. More information on the application and how to participate in the permitting process is given below.

The application and partial fees were received on August 31, 2017. Additional information and fees were received on September 14, 2017 and July 20, 2018. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on August 9, 2018. Additional information was received on April 27, 2021. The application was amended and additional information was received on May 25, August 31, and December 2, 2022, and May 11 and June 14, 2023.

The Executive Director has completed the technical review of the application and prepared a draft amendment. The draft amendment, if granted, would include special conditions, including, but not limited to, maintaining an accounting plan. The application, technical memoranda, and Executive Director's draft amendment are available for viewing on the TCEQ web page at: https: //www.tceq.texas.gov/permitting/water_rights/wr-permitting/view-wr-pend-apps.

Alternatively, you may request a copy of the documents by contacting the TCEQ Office of the Chief Clerk by phone at (512) 239-3300 or by mail at TCEQ OCC, Notice Team (MC-105), P.O. Box 13087, Austin, Texas 78711.

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 November 28, 2023. A public meeting is intended for the taking of public comment and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

The TCEQ may grant a contested case hearing on this application if a written hearing request is filed by November 28, 2023. The Executive Director may approve the application unless a written request for a contested case hearing is filed by November 28, 2023.

To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit proposed conditions for the requested permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at https://www14.tceq.texas.gov/epic/eComment/ by entering WRPERM 5778 in the search field. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address.

For additional information, individual members of the general public may contact the Public Education Program at (800) 687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040 o por el internet al http://www.tceq.texas.gov.

TRD-202303931

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 25, 2023


Notice of Application and Opportunity to Request a Public Meeting for a Municipal Solid Waste Facility

Notice issued on October 25, 2023

Proposed Registration No. 40337

Application. HD Waste Transfer Station, LLC has applied to the Texas Commission on Environmental Quality (TCEQ) for the proposed Registration No. 40337, to construct and operate a Type V municipal solid waste transfer station. The proposed facility, HD Waste & Recycling Transfer Station will be located at 10631 CF Hawn Freeway, Dallas, Texas 75217 in Dallas County. The applicant is requesting authorization to process, transfer, and recycle municipal solid waste that includes household waste, yard waste, commercial waste, nonhazardous industrial waste, special waste (authorized by TCEQ on a case-by-case basis), and construction and demolition waste. The registration application is available for viewing and copying at Kieberg-Rylie Branch Library located at 1301 Edd Road, Dallas, Texas 75253, and may be viewed online at https://www.ftwweaverboos.com. The following link to an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice: https://arcg.is/1bb4XP0. For exact location, refer to application.

Alternative Language Notice/ Aviso de idioma alternativo. Alternative language notice in Spanish is available at www.tceq.texas.gov/goto/mswapps. El aviso de idioma alternativo en español está disponible en www.tceq.texas.gov/goto/mswapps.

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

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

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

Mailing List. If you submit public comments, you will be added to the mailing list for this application to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and permit number; and/or (2) the mailing list for a specific county. To be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.

Agency Contacts and Information. All public comments and requests must be submitted either electronically at www14.tceq.texas.gov/epic/eComment/ or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. Please be aware that any contact information you provide, including your name, phone number, email address and physical address will become part of the agency's public record. For more information about this registration application or the registration process, please call the TCEQ's Public Education Program, Toll Free, at (800) 687-4040 or visit their webpage, www.tceq.texas.gov/goto/pep. General information regarding the TCEQ can be found on our website at www.tceq.texas.gov/. Si desea información en español, puede llamar al (800) 687-4040.

Further information may also be obtained from HD Waste Transfer Station, LLC at the mailing address P.O. Box 851734, Dallas, Texas 75185 or by calling Charles R. Marsh at (817) 735-9770.

TRD-202303932

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 25, 2023


Notice of District Petition

Notice issued October 20, 2023

TCEQ Internal Control No. D-08252023-052; Cathy Moore, individually and Mark Albrecht, individually, (Petitioners) filed a petition for creation of Williamson County Municipal Utility District No. 48 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ.

The petition states that: (1) the Petitioner holds title to a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 506.558 acres located within Williamson County, Texas; and (4) none of the land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any city. The petition further states that the proposed District will: (1) purchase, construct, acquire, improve, or extend inside or outside of its boundaries any and all works, improvements, facilities, plants, equipment, and appliances necessary or helpful to supply and distribute water for municipal, domestic, and commercial purposes; (2) collect, transport, process, dispose of, and control domestic and commercial wastes; (3) gather, conduct, divert, abate, amend and control local storm water or other local harmful excesses of water in the proposed District; (4) to design, acquire, construct, finance, improve, operate, and maintain macadamized, graveled, or paved roads and turnpikes, or improvements in aid of those roads; (5) design, acquire, construct, finance, improve, and maintain parks and recreational facilities; and (6) purchase, construct, acquire, improve, or extend inside or outside of its boundaries such additional facilities, systems, plants, and enterprises as shall be consonant with all of the purposes for which the proposed District is created. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioners that the cost of said project will be approximately $119,690,000 ($94,110,000 for water, wastewater, and drainage, $23,525,000 for roads, and $2,325,000 for recreational).

INFORMATION SECTION

To view the complete issued notice, view the notice on our web site at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.

The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.texas.gov.

TRD-202303929

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 25, 2023


Notice of District Petition

Notice issued October 20, 2023

TCEQ Internal Control No. D-06232023-046; JLM 100 Kaufman, LLC, a Texas limited liability company, (Petitioner) filed a petition with the Texas Commission on Environmental Quality (TCEQ) for the annexation of land into Kaufman County Fresh Water Supply District No. 7A (District) under Local Government Code Section (§) 42.042 and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner holds title to all the property in the proposed annexation area to be included in the District; (2) there are no lienholders on the property to be annexed into the District; (3) the proposed property annexation will contain approximately 100.090 acres of land located within Kaufman County; and (4) all of the land within the proposed property annexation is within the extraterritorial jurisdiction of the City of Crandall, Texas (City). The property proposed for annexation is adjoined to the southern boundary of the district. Access to the annexation tract will be by County Road (CR) 261 to the north and Farm to Market Road (FM) 148 to the south. In accordance with Local Government Code §§ 42.0425 and 42.042, a petition was submitted to the City, requesting the City's consent to the annexation of land into the District. Information provided indicates that the City did not consent to the inclusion of the land into the District's area. After the 90-day period passed without receiving the City's consent to the annexation, the a petition was submitted to the City requesting the City provide water and sanitary sewer services to the proposed annexation area. The 120-day period for reaching a mutually agreeable contract expired and the information provided indicates that the Petitioner and the City have not executed a mutually agreeable contract for service. Pursuant to Local Government Code § 42.042, failure to execute such an agreement constitutes authorization for the Petitioner to initiate proceedings to include the proposed annexation area into the District.

INFORMATION SECTION

To view the complete issued notice, view the notice on our web site at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.

The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.texas.gov.

TRD-202303930

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 25, 2023


Notice of Opportunity to Comment on a Default Order of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Order (DO). The commission staff proposes a DO when the staff has sent the Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is December 7, 2023. The commission will consider any written comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of the proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on December 7, 2023. The commission's attorney is available to discuss the DO and/or the comment procedure at the listed phone number; however, TWC, §7.075, provides that comments on the DO shall be submitted to the commission in writing.

(1) COMPANY: Rampage Cattle Company, LLC; DOCKET NUMBER: 2021-0516-MSW-E; TCEQ ID NUMBER: RN109751255; LOCATION: 3951 Bandera Highway, Kerrville, Bandera County; TYPE OF FACILITY: unauthorized scrap tire disposal site; RULES VIOLATED: Texas Health and Safety Code, §361.112(a) and 30 TAC §328.60(a), by failing to obtain a scrap tire storage site registration for the site prior to storing more than 500 used or scrap tires on the ground or 2,000 used or scrap tires in enclosed and lockable containers; PENALTY: $10,000; STAFF ATTORNEY: Barrett Hollingsworth, Litigation, MC 175, (512) 239-0657; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

TRD-202303904

Gitanjali Yadav

Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: October 24, 2023


Notice of Opportunity to Comment on Agreed Orders of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is December 7, 2023. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on December 7, 2023. The designated attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: City of Baird; DOCKET NUMBER: 2022-0646-MWD-E; TCEQ ID NUMBER: RN109458810; LOCATION: approximately 1,500 feet south of the intersection of Interstate 20 T Business Highway and Vine Street, and 16,100 feet east of the intersection of County Road 279 and Farm-to-Market Road 18, Baird, Callahan County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: TWC, §26.121(a)(1) and 30 TAC §305.65, by failing to maintain authorization to discharge wastewater into or adjacent to any water in the state; PENALTY: $9,375; STAFF ATTORNEY: Casey Kurnath, Litigation, MC 175, (512) 239-5932; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(2) COMPANY: PAPCO, INC.; DOCKET NUMBER: 2022-1370-AIR-E; TCEQ ID NUMBER: RN101923589; LOCATION: approximately 12 miles southwest of Sabine Pass, Jefferson County; TYPE OF FACILITY: crude oil production site; RULES VIOLATED: Texas Health and Safety Code, §382.085(b) and 30 TAC §101.10(b)(2) and (e), by failing to submit an annual emissions inventory update for the previous calendar year by March 31 of each year or as directed by the commission; PENALTY: $2,625; STAFF ATTORNEY: Jennifer Peltier, Litigation, MC 175, (512) 239-0544; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

TRD-202303903

Gitanjali Yadav

Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: October 24, 2023


Notice of Public Meeting for a New Municipal Solid Waste Facility Registration Application No. 40335

Application. BAP Kennor Landfill, LLC has applied to the Texas Commission on Environmental Quality (TCEQ) for proposed Registration No. 40335 to construct and operate a Type V municipal solid waste recycling facility. The proposed facility, BAP Kennor C&D Recycling Facility, will be located at 3411 Silver Creek Road, Fort Worth 76108, in Tarrant County. The applicant is requesting authorization to store and recycle construction and demolition waste materials. The following link to an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice: https://arcg.is/Ou5a11. For exact location, refer to application.

Additional Notice. TCEQ's Executive Director has determined the application is administratively complete and will conduct a technical review of the application. After technical review of the applications is complete the Executive Director may prepare a draft permit and preliminary decision on the application. Notice of the Application and Preliminary Decision will be published and mailed to those who are on the county-wide mailing list and to those that are on the mailing list for this application. That notice will contain the deadline for submitting public comments.

Alternative Language Notice/Aviso de Idioma Alternativo. Alternative language notice in Spanish is available at www.tceq.texas.gov/goto/mswapps. El aviso de idioma alternativo en español está disponible en www.tceq.texas.gov/goto/mswapps.

Public Comment/Public Meeting. A public meeting will be held and will consist of two parts, an Informal Discussion Period and a Formal Comment Period. A public meeting is not a contested case hearing under the Administrative Procedure Act. During the Informal Discussion Period, the public will be encouraged to ask questions of the applicant and TCEQ staff concerning the registration application. The comments and questions submitted orally during the Informal Discussion Period will not be considered before a decision is reached on the permit application and no formal response will be made. Responses will be provided orally during the Informal Discussion Period. During the Formal Discussion Period on the registration application, members of the public may state their formal comments orally into the official record. All formal comments will be considered before a decision is reached on the registration. The Executive Director is not required to file a response to comments.

The Public Meeting is to be held:

Tuesday, December 5, 2023 at 7:00 p.m.

Brewer High School Auditorium

1025 W. Loop 820 North

Fort Worth, Texas 76108

Information. Citizens are encouraged to submit written comments anytime during the public meeting or by mail before the close of the public comment period to the Office of the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at https://www14.tceq.texas.gov/epic/eComment/. If you need more information about the permit application or the permitting process, please call the TCEQ Public Education Program, toll free, at (800) 687-4040. General information can be found at our Web site at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.

The registration application is available for viewing and copying at the White Settlement Library, 8215 White Settlement Road, Fort Worth, Texas 76108 and may be viewed online at https://parkhill.com/tceq-permits/. Further information may also be obtained from BAP Kennor Landfill, LLC at the address stated above or by calling Mr. Tom Noons at (469) 591-1380.

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

Issued Date: October 20, 2023

TRD-202303928

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 25, 2023


Notice of Water Quality Application

The following notice was issued on October 18, 2023:

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

INFORMATION SECTION

OQ Chemicals Corporation, which operates OQ Chemicals Bay City Plant, an organic chemicals manufacturing plant, has applied for a minor amendment to Texas Pollutant Discharge Elimination System Permit No. WQ0000455000 to authorize the description change of process wastewater from "treated process wastewater from the neutral effluent treatment (NET) system" to "treated process wastewater" from Outfall 001. The draft permit authorizes the discharge of treated domestic wastewater and treated process wastewater, treated utility wastewater, stormwater, groundwater recovered during site excavations, stormwater from the old dewatering area and from landfill cells, groundwater from the bailing of monitor wells, groundwater from recovery wells, and hydrostatic test discharge water at a daily average flow not to exceed 2,280,000 gallons per day via Outfall 001, and utility wastewater, stormwater, and allowable non-stormwater discharges on an intermittent and flow-variable basis via Outfall 002. The facility is located at 2001 Farm-to-Market Road 3057, near the City of Bay City, Matagorda County, Texas 77414.

TRD-202303926

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 25, 2023


General Land Office

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 26. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of October 16, 2023 to October 20, 2023. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§30.20(f), 30.30(h), and 30.40(e), the public comment period extends 30 days from the date published on the Texas General Land Office web site. The notice was published on the web site on Friday, October 27, 2023. The public comment period for this project will close at 5:00 p.m. on November 26, 2023.

Federal License and Permit Activities:

Applicant: Port of West Calhoun

Location: The project site is located the Gulf Intracoastal Waterway (GIWW), south of Highway 185 and west of Scurlock Drive, in Port O’Connor, Calhoun County, Texas.

Latitude and Longitude: 28.430325, -96.443543

Project Description: The applicant is proposing to construct a public marina. The applicant proposes to hydraulically dredge and mechanically excavate approximately 156,250 cubic yards, 7.35 acres of open water, wetlands and uplands to create an open water marina. The dredge material will be placed onsite and used to grade the project to the required contours for parking and transit lanes. The applicant also proposes to discharge approximately 43,365 cubic yards of clean fill (also some backfill from dredging) associated with the construction of a marina basin including boat ramps, breakwaters, bulkhead, parking lot/roads and associated grading into approximately 8.76 acres of WOTUS; 8.44 acres of wetlands and 0.32 acre of open water. Total impacts including excavation/dredging and fill are as follows: 13.73 acres wetland impacts and 2.38 acres of open water impacts. The applicant is proposing Permittee Responsible Mitigation (PRM) for impacts to WOTUS. Additionally, the applicant proposes to construct approximately 80 floating boat slips on concrete driven pilings within the open water marina. The applicant proposes to mitigate for the proposed impacts by implementation of a Permittee Responsible Mitigation Plan.

Type of Application: U.S. Army Corps of Engineers permit application # SWG-2023-00238. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act.

CMP Project No: 24-1041-F1

Further information on the applications listed above, including a copy of the consistency certifications or consistency determinations for inspection, may be obtained from the Texas General Land Office Public Information Officer at 1700 N. Congress Avenue, Austin, Texas 78701, or via email at pialegal@glo.texas.gov. Comments should be sent to the Texas General Land Office Coastal Management Program Coordinator at the above address or via email at federal.consistency@glo.texas.gov.

TRD-202303898

Mark Havens

Chief Clerk

General Land Office

Filed: October 23, 2023


Texas Department of Housing and Community Affairs

Public Notice of Demolition/Reconstruction of Woodcrest Apartments

Woodcrest Apartments is an 80-unit affordable multifamily complex located at 2550 W 8th Street, Odessa, Texas 79763. The site consists of a five residential structures constructed in 1972. The new property - to be known as Woodcrest Apartments - will be 5 residential buildings consisting of twelve 1-bedroom, forty-eight 2-bedroom, and twenty 3-bedroom units for a total of 80 units. Demolition will be completed in February 2024, and all units are anticipated to be reconstructed by October 2025. It is anticipated that all residents will not be permanently displaced as a result of reconstruction occurring over a 24-month period and temporary housing will not exceed 12-months. Funding is provided through Low Income Housing Tax Credit (LIHTC) equity from 42equity Partners with a potential award of HOME American Rescue Plan (HOME-ARP) funding provided by the Texas Department of Housing and Community Affairs, and deferred developer fee and contractor loyalty contribution. All 80 units will remain lower income dwelling units for 45 years from the date of initial occupancy as recorded in the Development's HOME-ARP and LIHTC Land Use Restriction Agreements.

Public Comment Period

Starts at 8:00 a.m. Austin local time on October 27, 2023.

Ends at 5:00 p.m. Austin local time on November 13, 2023.

Comments received after 5:00 p.m. Austin local time on November 13, 2023, will not be accepted.

Written comments may be submitted to:

Texas Department of Housing and Community Affairs

Attn: Carmen Roldan, Woodcrest Apartments

P.O. Box 13941

Austin, Texas 78711-3941

Email: carmen.roldan@tdhca.state.tx.us

Written comments may be submitted in hard copy or email formats within the designated public comment period. Those making public comment are encouraged to reference the specific rule, policy, or plan related to their comment, as well as a specific reference or cite associated with each comment.

Please be aware that all comments submitted to the TDHCA will be considered public information.

Las personas que no pueden hablar, leer, escribir o entender el idioma inglés pueden llamar al (512) 475-3800 o al número de llamada gratuita (800) 525-0657 para solicitar asistencia con la traducción de documentos, eventos u otra información del Departamento de Vivienda y Asuntos Comunitarios de Texas (Texas Department of Housing and Community Affairs).

Quédese en la línea y permanezca en silencio durante nuestras indicaciones automatizadas de voz en inglés hasta que un representante responda. El representante lo pondrá en espera y le comunicará con un intérprete para ayudarle con su llamada.

Location of lower-income dwelling units that will be demolished (.pdf)

TRD-202303891

Bobby Wilkinson

Executive Director

Texas Department of Housing and Community Affairs

Filed: October 23, 2023


Texas Department of Insurance

Company Licensing

Application to do business in the state of Texas for Molina Healthcare of Illinois, Inc., a foreign Health Maintenance Organization (HMO). The home office is in Downers Grove, Illinois.

Application to do business in the state of Texas for Progressive Life Insurance Company, a foreign life, accident and/or health company. The home office is in Cleveland, Ohio.

Application to do business in the state of Texas for Kemper Reciprocal, a foreign fire and/or casualty company. The home office is in Chicago, Illinois.

Application for incorporation in the state of Texas for Impact Title Insurance Company, a domestic title company. The home office is in Lubbock, Texas.

Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of John Carter, 1601 Congress Ave., Suite 6.900, Austin, Texas 78711.

TRD-202303923

Justin Beam

Chief Clerk

Texas Department of Insurance

Filed: October 25, 2023


Correction of Error

The Texas Department of Insurance proposed new 28 TAC §§5.7101 - 5.7110 in the October 6, 2023, issue of the Texas Register (48 TexReg 5813). Due to an error by the Texas Department of Insurance, the Division name is incorrect. The text should read as follows:

DIVISION 2. MANDATORY RENEWAL OF PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES

TRD-202303920


Texas Department of Licensing and Regulation

Public Notice - Barbering and Cosmetology Criminal Conviction Guidelines

The Texas Commission of Licensing and Regulation (Commission) provides this public notice that at its regularly scheduled meeting held October 10, 2023, the Commission adopted amendments to the Texas Department of Licensing and Regulation's (Department's) Criminal Conviction Guidelines pursuant to Texas Occupations Code §53.025(a). The Criminal Conviction Guidelines are updated from the original guidelines published on December 5, 2003 (28 TexReg 11018) to include the Barbering and Cosmetology program.

The Criminal Conviction Guidelines (guidelines) describe the process by which the Department determines whether a criminal conviction renders an applicant an unsuitable candidate for the license, or whether a conviction warrants revocation or suspension of a license previously granted. The guidelines present the general factors that are considered in all cases and the reasons why particular crimes are considered to relate to each type of license issued by the Department.

The Texas Legislature enacted House Bill 1560 (H.B. 1560), 87th Legislature, Regular Session (2021), which was the Texas Department of Regulation's Sunset Bill and continued the agency operations till 2032. That bill combined the Barbering and Cosmetology program under one statute.

The Criminal Conviction Guidelines for the Barbering and Cosmetology program will become a part of the overall guidelines that are already in place for other Department programs. The Department presented the Criminal Conviction Guidelines to the Commission on October 10, 2023, and were adopted as recommended.

A copy of the complete Criminal Conviction Guidelines is posted on the Department's website and may be obtained at www.tdlr.texas.gov. You may also contact the Enforcement Division at (512) 539-5600 or by email at enforcement@tdlr.texas.gov to obtain a copy of the complete guidelines.

Criminal Conviction Guidelines (.pdf)

TRD-202303935

Mike Arismendez, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: October 25, 2023


Public Notice - Barbering and Cosmetology Enforcement Plan

(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figures are not included in the print version of the Texas Register. The figures are available in the on-line version of the November 3, 2023, issue of the Texas Register.)

The Texas Commission of Licensing and Regulation (Commission) provides this public notice that at their regularly scheduled meeting held October 10, 2023, the Commission adopted the Texas Department of Licensing and Regulation’s (Department) enforcement plan, which was established in compliance with Texas Occupations Code, §51.302(c).

The enforcement plan gives all license holders notice of the specific ranges of penalties and license sanctions that apply to specific alleged violations of the statutes and rules enforced by the Department. The enforcement plan also presents the criteria that are considered by the Department's Enforcement staff in determining the amount of a proposed administrative penalty or the magnitude of a proposed sanction. The enforcement plan is drafted to include the penalty matrix for the Barbering and Cosmetology program.

The Texas Legislature enacted House Bill 1560 (H.B. 1560), 87th Legislature, Regular Session (2021), which was the Texas Department of Regulation's Sunset Bill and continued the agency operations till 2032. That bill combined the Barbering and Cosmetology program under one statute.

The penalty matrix was presented to the Commission on October 10, 2023, and was adopted as recommended.

A copy of the enforcement plan is posted on the Department's website and may be downloaded at www.tdlr.texas.gov. You may also contact the Enforcement Division at (512) 539-5600 or by e-mail at enforcement@tdlr.texas.gov to obtain a copy of the plan.

Practitioners & Establishments Penalties and Sanctions (.pdf)

Schools, Instructors, and Continuing Education Penalties and Sanctions (.pdf)

TRD-202303934

Mike Arismendez, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: October 25, 2023


North Central Texas Council of Governments

Request for Partners to Develop Advanced Transportation Technology and Innovation (ATTAIN)

The North Central Texas Council of Governments (NCTCOG) plans to propose an application leveraging the concepts of Digital Roads which will harness data, technology, and connectivity to improve the way roads are designed, built, operated, and traveled. This will enable safer trips, efficient and faster delivery, and an enhanced customer service for all. Proposed projects should integrate with the expansion of NCTCOG's, soon to be procured, regional TSMO Data Hub. The primary focus will be in the system development and operations with the emphasize on the expansion of the regional TSMO data hub use cases and the development of the next generation of local and regional transportation management systems using innovative concepts and technology. Projects should align with the goals of the Advanced Transportation Technology and Innovation (ATTAIN) program. While NCTCOG is an eligible applicant, staff believe that projects will likely be more successful if developed through a public-private partnership.

Through this Request for Partners (RFP), the North Central Texas Council of Governments is seeking private-sector and research partners for a proposal to the US Department of Transportation (USDOT) upcoming 2023 ATTAIN funding opportunity. A copy of the ATTAIN Notice of Funding Opportunity that details the $60 million grant program for Fiscal Year (FY) 2022 as well as the application requirements can be found on the USDOT website. NCTCOG will select Project Team(s) with whom it will collaborate to project(s) and submit competitive grant proposal(s) to relevant federal or State funding opportunities.

Proposals must be received no later than 5:00 p.m., Central Time, on Friday, November 17, 2023, to Nattalie Bettger, Senior Program Manager, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011 and electronic submissions to TransRFPs@nctcog.org. The Request for Partners was published at https://www.nctcog.org/trans/funds/cfps on Friday, October 27, 2023.

NCTCOG encourages participation by disadvantaged business enterprises and does not discriminate on the basis of age, race, color, religion, sex, national origin, or disability.

TRD-202303924

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: October 25, 2023


Texas Parks and Wildlife Department

Notice of Contested Case Hearing

This is a notice of a contested case hearing as required under Government Code, §2001.051 and §2001.052.

SOAH Docket No. 802-24-02276

APPLICATION

Bill Lane (Flat Rock Creek Ranch LLC) submitted an application to Texas Parks and Wildlife Department (TPWD) for a General Sand and Gravel Permit pursuant to Parks and Wildlife Code, Chapter 86 and 31 TAC Chapter 69, Subchapter H. The applicant seeks to disturb streambed materials within Flat Rock Creek in Kerr County. The project location would be at approximately latitude 30.056597, longitude -99.510586, 1,400 feet upstream of the confluence of Flat Rock Creek with the North Fork Guadalupe River and 3.24 miles upstream of the FM 1340 crossing of the North Fork Guadalupe River near MO Ranch. The project purpose is to construct a dam and low water crossing.

TPWD received the application and required fees on December 15, 2022, and public notice of the application was published on June 2, 2023. A public comment hearing was held on June 23, 2023. The public comment period ended on August 16, 2023, after it was extended per requests from the public. During this time, TPWD received one written request for a contested case hearing. TPWD referred this request to the State Office of Administrative Hearings (SOAH) on September 29, 2023. TPWD has neither approved nor denied the application.

CONTESTED CASE HEARING

SOAH will conduct a prehearing conference on this application via videoconference at:

9:00 a.m. - November 14, 2023

To join the Zoom meeting via computer or smart device: https://soah-texas.zoomgov.com

Meeting ID: 161 016 9464

Video Passcode: TPWD2276

To join the Zoom meeting via telephone dial: +1 669 254 5252

Meeting ID: 161 016 9464

Telephone Passcode: 77003184

The purpose of the preliminary hearing is to establish jurisdiction, determine party status, develop a procedural and discovery schedule, set a hearing on the merits date, and address any other relevant issues raised by the parties.

The hearing will be conducted in accordance with Parks and Wildlife Code, Chapter 86; Government Code, Chapter 2001; and the procedural rules of TPWD and SOAH, including 31 TAC Chapter 69 and 1 TAC Chapter 155.

The applicant is automatically a party in this hearing. If anyone else wishes to be a party to the hearing, he or she must attend the hearing and show how he or she would be adversely affected by the application in a way not common to members of the general public. Any person may attend the hearing and any person may request to be a party. Only persons named as parties may continue participation in the hearing.

In accordance with 1 TAC §155.401(a), concerning Notice of Hearing, "Parties that are not represented by an attorney may obtain information regarding contested case hearings on the public website of the State Office of Administrative Hearings at www.soah.texas.gov, or in printed format upon request to SOAH."

INFORMATION

If you need more information about the hearing process for this application, please contact TPWD staff attorney Bridgett Meyer at (512) 389-8899 or bridgett.meyer@tpwd.texas.gov, or SOAH at (512) 475-4993.

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

TRD-202303922

James Murphy

General Counsel

Texas Parks and Wildlife Department

Filed: October 25, 2023


Public Utility Commission of Texas

Notice of Application for Recovery of Universal Service Funding

Notice is given to the public of an application filed with the Public Utility Commission of Texas (Commission) on October 17, 2023, for recovery of universal service funding under Public Utility Regulatory Act (PURA) §56.025 and 16 Texas Administrative Code (TAC) §26.406.

Docket Style and Number: Application of Border to Border Communications, Inc. to Recover Funds from the Texas Universal Service Fund under PURA §56.025 and 16 TAC §26.406 For Calendar Year 2023, Docket Number 55706.

The Application: Border to Border Communications, Inc. seeks recovery of funds from the Texas Universal Service Fund (TUSF) due to Federal Communications Commission actions resulting in a reduction in the Federal Universal Service Fund (FUSF) revenues available to Border to Border Communications for 2023. Border to Border Communications requests that the Commission allow recovery of funds from the TUSF in the amount of $1,519,606 for 2023 to replace the projected reduction in FUSF revenue.

Persons wishing to intervene or comment on the action sought should contact the Commission by mail at P.O. 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 established. 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 55706.

TRD-202303886

Andrea Gonzalez

Rules Coordinator

Public Utility Commission of Texas

Filed: October 19, 2023


Notice of Application to Adjust High Cost Support Under 16 TAC §26.407(h)

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on October 23, 2023, to adjust the high-cost support received from the Small and Rural Incumbent Local Exchange Company Universal Service Plan without effect to current rates.

Docket Title and Number: Application of South Plains Telephone Cooperative, Inc. to Adjust High Cost Support Under 16 TAC §26.407(h), Docket Number 55737.

South Plains Telephone Cooperative, Inc. requests a high-cost support adjustment increase of $699,008 in annual high-cost support. According to South Plains Telephone, the requested adjustment complies with the cap of 140% of the annualized support the provider was authorized to receive in the previous 12 months, as required by 16 Texas Administrative Code §26.407(g)(1).

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 as a deadline to intervene may be imposed. 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 55737.

TRD-202303913

Andrea Gonzalez

Rules Coordinator

Public Utility Commission of Texas

Filed: October 24, 2023


Notice of Application to Amend a Certificate of Convenience and Necessity for a Name Change

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on August 1, 2023, to amend a certificate of convenience and necessity for a name change to add one assumed name.

Docket Style and Number: Application of South Plains Telephone Cooperative, Inc. to Amend its Certificate of Convenience and Necessity, Docket Number 55310.

The Application: South Plains Telephone Cooperative, Inc. filed an application to change the name to add one assumed name on its certificate of convenience and necessity number 40077.

Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas by electronic mail at puc.texas.gov, by phone at (512) 936-7120, or toll-free at (888) 782-8477. The deadline for intervention in this proceeding is December 4, 2023. 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 55310.

TRD-202303910

Andrea Gonzalez

Rules Coordinator

Public Utility Commission of Texas

Filed: October 24, 2023


Texas Department of Transportation

Public Notice - Advertising in Texas Department of Transportation's Travel Literature and Texas Highways Magazine

Advertising in Texas Department of Transportation Travel Literature and Texas Highways magazine, both in print and in digital or online assets. The Texas Department of Transportation is authorized by Texas Transportation Code, Chapter 204 to publish literature for the purpose of advertising the highways of this state and attracting traffic thereto, and to include paid advertising in such literature. Title 43, Texas Administrative Code, §§23.15 - 23.19 describe the policies governing advertising in department travel literature and Texas Highways magazine, both in print and in digital or online, lists acceptable and unacceptable subjects for advertising in department travel literature and the magazine, and describes the procedures by which the department will solicit advertising.

As required by 43 TAC §23.17 the department invites any entity or individual interested in advertising in department travel literature and Texas Highways magazine to contact AJR Media Group, phone: (800) 383-7677, email: TexasHighways@AJRMediaGroup.com.

The department is now accepting advertising for the 2025 edition of the Texas State Travel Guide, scheduled to be available in January 2025. The Texas State Travel Guide is designed to encourage readers to explore and travel to and within the State of Texas. The guide lists cities and towns, featuring population figures and recreational travel sites for each, along with maps and 4-color photography. The guide may also include sections listing Texas lakes, state parks, state and national forests, along with hunting and fishing information. The State of Texas distributes this vacation guide to travelers in Texas and to those who request information while planning to travel in Texas.

Media kits are available on the texashighways.com website. All Texas State Travel Guide insertion orders, including premium space will be accepted on a first-come first-served basis. Insertion orders for an inside front cover spread and inside back cover spread will take precedence over an inside front cover and inside back cover insertion order. In most cases, larger ads will be positioned ahead of smaller ads.

The department is now accepting advertising for the 2025 edition of the Texas Official Travel Map scheduled to be available in January 2025. The State of Texas distributes this map to travelers in Texas and to those who request information while planning to travel in Texas.

The department continues to accept advertising for all quarterly issues of the Texas Highways Events Calendar, beginning with the Spring 2024 calendar. The Texas Highways Events Calendar is published quarterly, corresponding with the seasons, to provide information about events happening in Texas throughout the year. The Texas Highways Events Calendar includes festivals, art exhibits, rodeos, indoor and outdoor music and theatre productions, concerts, nature tours, and more, depending on the season. The State of Texas distributes this quarterly calendar to travelers in Texas and to those who request information on events happening around the state.

The calendar editions list events scheduled for the following months:

Events Calendar (.pdf)

The advertising due dates for the Texas Highways Events Calendar vary depending on the issue involved. The publication deadline for accepting advertising space in the Texas Highways Events Calendar is the 15th of the fourth month preceding the issue date. The deadline for accepting materials for the Texas Highways Events Calendar is one week after space closing. When material or space closing dates fall on a Saturday, Sunday, or holiday, space and/or materials are due the preceding workday.

The department is now accepting advertising for all monthly 2024-2025 issues of Texas Highways magazine. Texas Highways magazine is published ten times annually and designed to encourage recreational travel within the state and to tell the Texas story to readers around the world. Accordingly, the content of the magazine is focused on Texas vacation, recreational, travel, or tourism related subjects, shopping opportunities in Texas and for Texas related products, various outdoor events, sites, facilities, and services in the state, transportation modes and facilities in the state, and other sites, products, facilities, and services that are travel related or Texas-based, and that are determined by the department to be of cultural, educational, historical, or of recreational interest to Texas Highways readers.

The publication deadline for accepting advertising space in Texas Highways magazine is the 1st of the second month preceding the issue date. The deadline for accepting materials for Texas Highways magazine is seven days after space closing. When material or space closing dates fall on a Saturday, Sunday, or holiday, space and/or materials are due the preceding workday.

The rate card information for potential advertisers in the Texas State Travel Guide, the Texas Highways Events Calendar, the Texas Highways magazine, the Texas Official Travel Map, and related digital assets are included in this notice. Digital assets include TexasHighways.com and Texas Highways Newsletters.

Rate Card (.pdf)

TRD-202303916

Becky Blewett

Deputy General Counsel

Texas Department of Transportation

Filed: October 24, 2023


Texas Water Development Board

Notice for 2022 State Water Plan Amendment Adoption

Notice Intent to Adopt Amendment

The Texas Water Development Board (TWDB) will consider the adoption of an amendment to the 2022 State Water Plan at its December regularly scheduled Board meeting.

The amendment under consideration is proposed by the Region H Regional Water Planning Group. Specifically, Region H added one recommended water management strategy and associated project to include the Devers Pump Station Relocation for the Lower Neches Valley Authority (LNVA). This amendment to the 2021 Region H Regional Water Plan was approved by the Board on October 5, 2023, along with approval to conduct the public hearing for the associated state water plan amendment.

The TWDB will conduct a public hearing in accordance with Texas Water Code §16.053(h) and 31 Texas Administrative Code §357.51(h), and §358.4(a) on November 14, 2023 to receive public comment on a proposed amendment to the 2022 State Water Plan, Water for Texas 2022. The hearing will begin at 1:00 p.m. in Room 172, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas 78701.

Interested persons are encouraged to attend the public hearing to present comments concerning the proposed amendment. Those who cannot attend the hearings may provide written comments on or before November 14, 2023 to Mr. Ashley Harden, General Counsel, Texas Water Development Board, P.O. Box 13231, Capitol Station, Austin, Texas 78711 or by email to PUBLIC-COMMENT@twdb.texas.gov. The TWDB will receive public comment on the proposed amendment until close of business at 5:00 p.m. on November 14, 2023. A copy of the proposed amendment is available on the TWDB's web site at http://www.twdb.texas.gov/waterplanning/swp/2022/index.asp.

TRD-202303918

Ashley Harden

General Counsel

Texas Water Development Board

Filed: October 25, 2023