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 May 1, 2022. 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 May 1, 2022. 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: AVALON FOOD MART, INCORPORATED; DOCKET NUMBER: 2021-1299-PST-E; IDENTIFIER: RN102713104; LOCATION: Wharton, Wharton 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; 30 TAC §334.49(a)(1) and TWC, §26.3475(d), by failing to provide corrosion protection for the UST system; 30 TAC §334.50(b)(1)(A) and (2), and TWC, §26.3475(b) and (c)(1), by failing to monitor the USTs for releases at a frequency of at least once every 30 days, and failing to monitor the UST piping for releases; and 30 TAC §334.605(d), by failing to retrain a certified Class A and Class B operators by January 1st, 2020 with a course submitted to and approved by the TCEQ after April 1st, 2018; PENALTY: $10,244; ENFORCEMENT COORDINATOR: Tyler Richardson, (512) 756-3994; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(2) COMPANY: Billy R. Whaley Jr.; DOCKET NUMBER: 2021-0197-PST-E; IDENTIFIER: RN103569877; LOCATION: Del Rio, Val Verde County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $175; ENFORCEMENT COORDINATOR: John Fennell, (512) 239-2616; REGIONAL OFFICE: 707 East Calton Roade, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(3) COMPANY: Callahan County Water Supply Corporation; DOCKET NUMBER: 2021-0957-PWS-E; IDENTIFIER: RN101206522; LOCATION: Clyde, Callahan 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 (ED) by the tenth day of the month following the end of each quarter for the fourth quarter of 2020 and the first quarter of 2021; 30 TAC §290.115(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.060 milligrams per liter for haloacetic acids, based on the locational running annual average; and 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 certification that the consumer notification has been distributed in a manner consistent with TCEQ requirement for the January 1, 2018 - December 31, 2020, monitoring period; PENALTY: $4,625; ENFORCEMENT COORDINATOR: Ecko Beggs, (915) 834-4968; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(4) COMPANY: City of Garrison; DOCKET NUMBER: 2021-0478-MWD-E; IDENTIFIER: RN101607075; LOCATION: Garrison, Nacogdoches 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 (TPDES) Permit Number WQ0011304001, Effluent Limitations and Monitoring Requirements Numbers 1 and 6, by failing to comply with permitted effluent limitations; and 30 TAC §305.125(1) and §319.5(b), and TPDES Permit Number WQ0011304001, Effluent Limitations and Monitoring Requirements Number 1, by failing to collect and analyze effluent samples at the intervals specified in the permit; PENALTY: $18,750; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $15,000; ENFORCEMENT COORDINATOR: Stephanie Frederick, (512) 239-1001; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(5) COMPANY: Gold Star Metalex, LLC; DOCKET NUMBER: 2021-0465-AIR-E; IDENTIFIER: RN106399991; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: scrap metal processing site; RULES VIOLATED: 30 TAC §101.4 and Texas Health and Safety Code (THSC), §382.085(a) and (b), by failing to prevent nuisance conditions; and 30 TAC §111.111(a)(8)(A) and THSC, §382.085(b), by failing to comply with the visible emissions opacity limit of 30% for any six-minute period; PENALTY: $9,563; ENFORCEMENT COORDINATOR: Mackenzie Mehlmann, (512) 239-2572; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Indorama Ventures Oxides LLC; DOCKET NUMBER: 2020-1274-AIR-E; IDENTIFIER: RN100219252; LOCATION: Port Neches, Jefferson County; TYPE OF FACILITY: petrochemical plant; RULES VIOLATED: 30 TAC §101.201(b)(1)(F) and §122.143(4); Federal Operating Permit (FOP) Number O3056, 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 5952A, 5972A, 20160 and 106169, Special Conditions Number 1; FOP Numbers O1320 and O3056, GTC and STC Numbers 16 and 17; and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $38,000; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $15,200; ENFORCEMENT COORDINATOR: Amanda Diaz, (713) 422-8912; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(7) COMPANY: Levi Creed Moore dba Moore's RV Park and Heather Moore dba Moore's RV Park; DOCKET NUMBER: 2021-0959-PWS-E; IDENTIFIER: RN110019759; LOCATION: Huntington, Angelina County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.45(c)(1)(B)(ii) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide a ground storage capacity of 35 gallons per connection; 30 TAC §290.46(f)(2) and (3)(A)(i)(III), (ii), (vi), and (B)(iii) and (v), by failing to maintain water works operation and maintenance records and make them readily available for review by the executive director upon request; and 30 TAC §290.46(n)(1), by failing to maintain at the public water system accurate and up-to-date detailed as-built plans or record drawings and specifications for each treatment plant, pump station, and storage tank until the facility is decommissioned; PENALTY: $400; ENFORCEMENT COORDINATOR: Aaron Vincent, (512) 239-0855; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(8) COMPANY: LOMA ALTA WATER SUPPLY CORPORATION; DOCKET NUMBER: 2021-1152-PWS-E; IDENTIFIER: RN101451672; LOCATION: Plainview, Hale County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.106(f)(2) and Texas Health and Safety Code (THSC), §341.031(a), by failing to comply with the acute maximum contaminant level of ten milligrams per liter for nitrate; and 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 executive director along with certification that the consumer notification has been distributed in a manner consistent with TCEQ requirements for the January 1, 2019 - December 31, 2019, monitoring period; PENALTY: $3,810; ENFORCEMENT COORDINATOR: Ecko Beggs, (915) 834-4968; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(9) COMPANY: Lyford Superette, LLC; DOCKET NUMBER: 2021-1323-PST-E; IDENTIFIER: RN101442929; LOCATION: Lyford, Willacy County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued underground storage tank (UST) delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; and 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; PENALTY: $3,250; ENFORCEMENT COORDINATOR: Karolyn Kent, (512) 239-2536; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(10) COMPANY: LyondellBasell Acetyls, LLC; DOCKET NUMBER: 2021-0817-IWD-E; IDENTIFIER: RN100217207; LOCATION: La Porte, Harris County; TYPE OF FACILITY: carbon monoxide, hydrogen, and methanol manufacturing plant; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0004092000, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, Outfall Numbers 001 and 002, by failing to comply with permitted effluent limitations; PENALTY: $17,462; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $6,985; ENFORCEMENT COORDINATOR: Alyssa Loveday, (512) 239-5504; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(11) COMPANY: NIZAMI, LLC dba K-1; DOCKET NUMBER: 2021-0930-PST-E; IDENTIFIER: RN101789626; LOCATION: Beaumont, Jefferson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.48(g)(1)(A)(ii) and TWC, §26.3475(c)(2), by failing to inspect the overfill prevention equipment at least once every three years; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases in a manner which will detect a release at a frequency of at least once every 30 days; and 30 TAC §334.602(a) and §334.605(d), by failing to designate, train, and certify at least one named individual for each class of operator, Class A, Class B, and Class C for the facility, and failing to re-train Class A and Class B operators by January 1st, 2020, with a course submitted to and approved by TCEQ after April 1st, 2018, regardless of the three-year re-training requirement; PENALTY: $4,038; ENFORCEMENT COORDINATOR: Sarah Smith, (512) 239-4495; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(12) COMPANY: Nueces County Water Control and Improvement District Number 4; DOCKET NUMBER: 2021-0899-MWD-E; IDENTIFIER: RN103779104; LOCATION: Port Aransas, Nueces 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 WQ0010846001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $14,250; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5865; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(13) COMPANY: Patty M. Steed dba Canyon Dam Mobile Home Park; DOCKET NUMBER: 2021-1012-PWS-E; IDENTIFIER: RN102676681; LOCATION: Odessa, Ector County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(e)(4)(A) and Texas Health and Safety Code (THSC), §341.033(a), by failing to operate the facility under the direct supervision of a water works operator who holds a minimum of a Class D or higher groundwater license; 30 TAC §290.106(f)(2) and THSC, §341.031(a) and TCEQ Agreed Order Docket Number 2015-1680-PWS-E, Ordering Provision Number 3.h, by failing to comply with the acute maximum contaminant level of ten milligrams per liter for nitrate; 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to submit a Disinfection Level Quarterly Operating Report to the executive director (ED) by the tenth day of the month following the end of each quarter for the first quarter of 2021; 30 TAC §290.117(c)(2)(B), (h), and (i)(1), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the ED for the January 1, 2020 - December 31, 2020, monitoring period; and 30 TAC §290.117(c)(2)(C), (h), and (i)(1), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the ED for the January 1, 2017 - December 31, 2019, monitoring period; PENALTY: $12,484; ENFORCEMENT COORDINATOR: America Ruiz, (512) 239-2601; REGIONAL OFFICE: 9900 West IH-20, Suite 100, Midland, Texas 79706, (432) 570-1359.

(14) COMPANY: RSZZ, LLC; DOCKET NUMBER: 2021-0830-WQ-E; IDENTIFIER: RN111266508; LOCATION: Tyler, Smith 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 obtain authorization to discharge stormwater associated with construction activities; and TWC, §26.121(a)(2), by failing to prevent an unauthorized discharge of sediment into or adjacent to any water in the state; PENALTY: $16,000; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-1337; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(15) COMPANY: TABORCA PROPERTIES, LLC; DOCKET NUMBER: 2021-1151-PWS-E; IDENTIFIER: RN105596860; LOCATION: Weatherford, Parker County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.43(c), by failing to ensure that all potable water storage facilities are covered and designed, fabricated, erected, tested, and disinfected in strict accordance with current American Water Works Association standards; 30 TAC §290.43(d)(9), by failing to obtain approval of the executive director prior to the installation of more than three pressure tanks at one site; 30 TAC §290.43(e), by failing to ensure that all potable water storage tanks and pressure maintenance facilities are installed in a lockable building that is designed to prevent intruder access or enclosed by an intruder-resistant fence with lockable gates; 30 TAC §290.45(b)(1)(B)(i) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide a well capacity of 0.6 gallons per minute (gpm) per connection; 30 TAC §290.45(b)(1)(B)(ii) and THSC, §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection; 30 TAC §290.45(b)(1)(B)(iii) and THSC, §341.0315(c), by failing to provide two or more service pumps having a total capacity of 2.0 gpm per connection; 30 TAC §290.45(b)(1)(B)(iv) and THSC, §341.0315(c), by failing to provide a pressure tank capacity of 20 gallons per connection; and 30 TAC §290.46(t), by failing to post a legible sign at the facility's production, treatment, and storage facilities that contains the name of the facility and an emergency telephone number where a responsible official can be contacted; PENALTY: $11,250; ENFORCEMENT COORDINATOR: Samantha Duncan, (817) 588-5805; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-202200962

Gitanjali Yadav

Acting Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: March 18, 2022