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

Coastal Coordination Council

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 501. Requests for federal consistency review were received for the following projects(s) during the period of July 2, 1999, through July 9, 1999:

FEDERAL AGENCY ACTIONS:

Applicant: Weiner Development Corporation; Location: The project is located immediately southwest of the intersection of the Interstate Highway 45 south frontage road and El Dorado Boulevard, north of the Baybrook Mall, near Friendswood, Harris County, Texas; CCC Project Number: 99-0249-F1; Description of Proposed Action: The applicant proposes to fill 4.03 acres of isolated depressional wetlands on a 76.62 acre site for the construction of a shopping center. As mitigation for the project impacts, the applicant is proposing to place a 46-acre tract, including 16 acres of jurisdictional wetlands, into a conservation easement, Type of Application: U.S.A.C.E. permit application number 21714 under §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is, or is not consistent with the Texas Coastal Management Program goals and policies, and whether the action should be referred to the Coastal Coordination Council for review. Further information for the applications listed above may be obtained from Ms. Janet Fatheree, Council Secretary, Coastal Coordination Council, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495, or janet.fatheree@glo.state.tx.us. Persons are encouraged to submit written comments as soon as possible within 30 days of publication of this notice. Comments should be sent to Ms. Fatheree at the above address or by fax at (512) 475-0680.

TRD-9904236

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Certification of Crude Oil Prices

Notice of Public Meetings

The Texas General Land Office (GLO) will hold public meetings to gather input on the Coastal Erosion Planning and Response Act, which provides $15 million over the next two years for coastal erosion projects. It authorizes the GLO to implement a comprehensive coastal erosion response program that can include designing, funding, building, and maintaining erosion projects alone or in partnership with other governmental and non-governmental entities.

The agenda for each meeting being held consists of the following topics:

I. Summary of Texas Coastal Erosion Legislation

II. Presentation of Coastal Erosion Rates and Status

III. Presentation on Coastal Infrastructure Threatened by Erosion

IV. Explanation of Project Funding - Local, State, and Federal

V. Process for Project Selection -Proposed Criteria, Prioritization, and Identification of Projects

VI. Questions and Answers

VII. Closing Remarks

The locations and times for the public hearings are as follows:

Monday, July 26, 1999:

Brownsville, 4-6 p.m., Cameron County Courthouse; Administration Building, 4th Floor; 964 E. Harrison St.

South Padre Island, 7-9 p.m., SPI Convention Centre; 7355 Padre Boulevard; 2700 Bay Area Boulevard.

For more information, please contact Dorothy Browne at the Texas General Land Office, (512) 475-1468.

TRD-9904214

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: July 13, 1999

Comptroller of Public Accounts

The Comptroller of Public Accounts, administering agency for the collection of the Oil Production Tax, has determined that the price of West Texas Intermediate crude oil as recorded on the New York Mercantile Exchange (NYMEX) is not below $15.00 per barrel for the three-month period beginning on April 1, 1999 and ending June 30, 1999. Therefore, pursuant to the Tax Code, §202.060, crude oil produced during the month of July 1999 from a qualifying lease, as determined by the Railroad Commission of Texas, is not exempt from the crude oil tax imposed by the Tax Code, Chapter 202.

Inquires should be directed to Bryant K. Lomax, Manager, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.

TRD-9904216

Martin Cherry

Special Counsel

Comptroller of Public Accounts

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 Articles 1D.003 and 1D.009, Title 79, Revised Civil Statutes of Texas, as amended (Articles 5069-1D.003 and 1D.009, Vernon's Texas Civil Statutes).

The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 07/19/99 - 07/25/99 is 18% for Consumer ¹ /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Art. 1D.003 and 1D.009 for the period of 07/19/99 - 07/25/99 is 18% for Commercial over $250,000.

¹ Credit for personal, family or household use.

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

TRD-9904218

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Texas Department of Criminal Justice

Notice To Bidders

The Texas Youth Commission invites bids to renovate and repair the facilities at the Crockett State School in Crockett, Texas. The work, in general, is to repair foundations and general repairs to buildings indicated, replace damaged materials and patch existing materials where indicated, and replace roofing systems. The work includes mechanical, electrical, plumbing, structural, concrete and steel, as further shown on the Contract Documents prepared by Prozign Architects, Inc.

The successful bidder will be required to meet the following requirements and submit evidence within five days after receiving notice of intent to award from the Owner.

A. Contractor must have a minimum of five consecutive years of experience as a General Contractor and provide references for at least three projects that have been completed of a dollar value and complexity equal to or greater than the proposed project.

B. Contractor must be bondable and insurable at the levels required.

All Bid Proposals must be accompanied by a Bid Bond in the amount of 5.0% of the greatest amount bid. Performance and Payment Bonds in the amount of 100% of the contract amount will be required upon award of a contract. The Owner reserves the right to reject any or all bids, and to waive any informality or irregularity.

Bid Documents can be purchased from the Architect/Engineer at a cost of $115 (non-refundable) per set, inclusive of mailing/delivery costs, or they may be viewed at various plan rooms. Payment checks for documents should be made payable to the Architect/ Engineer: Prozign Architects, Inc., Attention: Darrell Whatley, 5701 Woodway, Suite 200, Houston, Texas 77057; Phone: (713) 977-6060; Fax: (713) 977-6086.

A Pre-Bid conference will be held at 10:30 am on August 10, 1999, at the site. Attendance is mandatory. Bids will be publicly opened and read at 2pm on August 24, 1999, in the Blue Room at the Facilities Division located in the warehouse building of the TDCJ Administrative Complex (formally Brown Oil Tool) on Spur 59 off of Highway 75 North, Huntsville, Texas.

The Texas Youth Commission requires the Contractor to make a good faith effort to include Historically Underutilized Businesses (HUBs) in at least 57.2% of the total value of this construction contract award. Attention is called to the fact that not less than the minimum wage rates prescribed in the Special Conditions must be paid on these projects.

TRD-9904260

Carl Reynolds

Texas Department of Criminal Justice

Texas Commission for the Deaf and Hard of Hearing

Request for Proposals

The Texas Commission for the Deaf and Hard of Hearing announces the issuance of a Request for Proposals (RFP) to expand or otherwise improve the provision of services to individuals who are hard of hearing or late-deafened, including projects that demonstrate assistive equipment or other alternative approaches for supporting and maintaining targeted individuals in everyday life. The following types of projects may be funded under this program: (i) Hearing screening projects for early detection of hearing loss which can also include the provision of hearing aid ear mold impressions; (ii) Hearing evaluations projects which can also include hearing aid ear mold impressions and fitting services; (iii) Coping skills counseling projects to provide information and strategies for living with hearing loss, and helpful modifications which will facilitate development of communication capabilities; and (iv) Assistive equipment demonstration projects to educate the target population about the availability and benefits of assistive devices and to provide training on the use of the various devices available.

Contact: Parties interested in submitting a proposal should contact the Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin, Texas 78711, 512-407-3250 (Voice) or 512-407-3251 (TTY), to obtain a complete copy of the RFP. The RFP is also available for pick-up at 4800 North Lamar, Suite 310, Austin, Texas 78756 on Friday, June 18, 1999, during normal business hours. The RFP is not available through fax.

Closing Date: Proposals must be received in the Texas Commission for the Deaf and Hard of Hearing Office, 4800 North Lamar, Suite 310, Austin, Texas 78756 no later than 5 p.m. (CDT), on Friday, July 16, 1999. Proposals received after this time and date will not be considered.

Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria set forth in the RFP. The committee will determine which proposal best meets these criteria and will make a recommendation to the Executive Director who will then make a recommendation to the Commission. The Commission will make the final decision. An applicant may be asked to clarify their proposal, which may include an oral presentation prior to final selection. The Commission reserves the right to accept or reject any or all proposals submitted. The Texas Commission for the Deaf and Hard of Hearing is under no legal or other obligation to execute a grant on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits the Commission to pay for any costs incurred prior to the execution of a grant. The anticipated schedule of events is as follows: Issuance of RFP - July 23, 1999; Proposals Due - August 16, 1999, 5 p.m. (CDT); and Grant Execution - September 1, 1999.

TRD-9904146

David W. Myers

Executive Director

Texas Commission for the Deaf and Hard of Hearing

Filed: July 9, 1999

Texas Department of Economic Development

Notice of Request for Proposal for Outside Legal Services related to Industrial Revenue Bonds

The Texas Department of Economic Development (department) requests proposals from law firms and attorneys interested in advising the department in legal matters concerning industrial revenue bond programs administered by the department, economic development sales tax, and related issues.

Description: The department is the lead economic development agency for the state. As such, the department administers several community and business assistance programs that include review and approval of industrial revenue bonds and related activities. The department seeks qualified legal counsel to provide expert advice and assistance to department financial and legal staff on matters relating to bond issuances and related activities and programs on an as-needed basis for the time period beginning September 1, 1999, through August 31, 2000. The department currently estimates the demand for services will not exceed 60 hours for the contract period.

Scope of services: Services primarily involve advising the department concerning legal issues and interpretations related to programs administered by the department pursuant to the Development Corporation Act of 1979 (Vernon's Texas Civil Statutes, Article 5190.6) and economic development corporations established under the Act. Services may include advising the department regarding the Texas Leverage Fund Program; various private activity tax exempt bond issues, to include industrial development bond issuances, exempt facility bond issuances, sales tax bond issues, empowerment zone bond issues, and refundings of the various issues; federal issues related to industrial development bonds, including tax issues; issues concerning a direct pay letter of credit, which supports the Texas Leverage Fund; and other bond related legal services. The department may require advice to be provided orally or in writing.

Responses; qualifications: Responses to this request for proposals should include at least the following information in the order requested: (1) a description of the firm's or attorney's qualifications for performing the legal services requested, including the firm's prior experience in bond issuance matters, (2) the names, experience, and qualifications for performing the legal services requested of the individual attorneys who would be assigned to perform services under the contract, (3) hourly billing rates for attorneys and other staff who would be assigned to perform services under the contract, flat fees, or other fee arrangements directly related to the achievement of the department's specific goals, and billable expenses, (4) efforts made by the firm to encourage and develop the participation of minorities and women in the provision of the firm's legal services and proposed use of women and minorities in regard to the services required under this contract, if any, (5) disclosures of conflicts of interest, identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the department or to the State of Texas, or any of its boards, agencies, commissions, universities or elected or appointed officials, (6) confirmation of willingness to comply with policies, directives and guidelines of the Department and the Attorney General of the State of Texas, and (7) contact information for the proposer, including address, telephone and fax number, and the name of the individual who will be the department's primary contact on the contract.

The department previously contracted with the law firm of McCall, Parkhurst & Horton, LLP for these services and intends to award the contract to McCall, Parkhurst & Horton, LLP again unless a better offer is received.

A law firm or attorney will be selected based on demonstrated knowledge and experiences, quality of staff assigned to perform services under the contract, compatibility with the goals and objectives of the department and the state, and reasonableness of proposed fees. The successful firm or attorney will be required to sign the Texas Attorney General's Outside Counsel Agreement, and execution of a contract with the department is subject to approval by the Texas Attorney General. The department reserves the right to accept or reject any or all proposals submitted. The department is not responsible for and will not reimburse any costs incurred in developing and submitting a proposal.

Delivery of response; deadline for submission: Two copies of the response should be mailed to Robin Abbott, General Counsel, Texas Department of Economic Development, P.O. Box 12728, Austin, TX 78711-2728, or hand delivered to 1700 North Congress, Suite 130, Austin, Texas 78701. Facsimiles will not be accepted. Responses must be received at the Department by 5:00 p.m., Monday, August 23, 1999. Questions regarding this request for proposals may be directed to Ms. Abbott at (512) 936-0181.

TRD-9904087

Robin Abbott

Texas Department of Economic Development

Filed: July 8, 1999

Notice of Request for Proposal for Outside Legal Services related to Intellectual Property Matters

The Texas Department of Economic Development (department) requests proposals from law firms and attorneys interested in advising the department in legal matters concerning all aspects of intellectual property related to programs administered by the department.

Description: The department is the lead economic development agency for the state. As such, the department is responsible for promoting Texas tourism and marketing a variety of business development programs. The department seeks qualified legal counsel to provide expert advice and assistance to department legal staff on matters concerning intellectual property, including copyright, trademark, licensing, and related issues, on an as-needed basis for the time period beginning September 1, 1999, through August 31, 2000.

Scope of Services: Services involve all aspects of providing legal advice and assistance to the Department concerning intellectual property, such as advising the department on intellectual property issues, both orally and in writing, preparing and maintaining trademark and copyright applications and registrations, advising the department on and drafting licensing and co-marketing agreements, and providing any and all intellectual property legal services needed to secure protection of department properties both in the United States and internationally. Legal services are provided primarily in conjunction with the Texas tourism advertising campaigns and promotions. Expert legal advice and assistance is also needed with regard to marketing of agency business services. Services may include assisting and advising the department in its transactions with advertising and marketing contractors as well as with vendors that develop, produce, or market a variety of goods and services in conjunction with agency programs.

Responses; qualifications: Responses to this request for proposals should include at least the following information in the order requested: (1) a description of the firm's or attorney's qualifications for performing the legal services requested, including the firm's prior experience in intellectual property matters, (2) the names, experience, and qualifications for performing the legal services requested of the individual attorneys who would be assigned to perform services under the contract, (3) hourly billing rates for attorneys and other staff who would be assigned to perform services under the contract, flat fees, or other fee arrangements directly related to the achievement of the department's specific goals, and billable expenses, (4) efforts made by the firm to encourage and develop the participation of minorities and women in the provision of the firm's legal services and proposed use of women and minorities in regard to the services required under this contract, if any, (5) disclosures of conflicts of interest, identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the department or to the State of Texas, or any of its boards, agencies, commissions, universities or elected or appointed officials, (6) confirmation of willingness to comply with policies, directives and guidelines of the Department and the Attorney General of the State of Texas, and (7) contact information for the proposer, including address, telephone and fax number, and the name of the individual who will be the department's primary contact on the contract.

The department previously contracted with the law firm of Locke Liddell & Sapp LLP for these services and intends to award the contract to Locke Liddell & Sapp LLP again unless a better offer is received.

TRD-9904088

Robin Abbott

General Counsel

Texas Department of Economic Development

Filed: July 8, 1999

Notice of Request for Proposal for Outside Legal Services related to State Agency Operations in Mexico

The Texas Department of Economic Development (department) requests proposals from law firms and attorneys interested in advising the department in legal matters concerning the department's office in Mexico City.

Description: The department is the lead economic development agency for the state. As such, the department maintains an office in Mexico City for the purposes of promoting investment that generates jobs in Texas, exporting of Texas products, tourism, and international relations. The office currently has seven employees who are contract employees of the department and also contracts with a certified public accountant in Mexico City who handles payroll, accounts payable, and provides general accounting services to the office.

The department seeks qualified legal counsel to provide expert advice and assistance to department legal staff on matters relating to contracting, employment law, and other legal issues that arise in the Mexico Office as needed for the time period beginning September 1, 1999 through August 31, 2000. The department currently estimates the demand for services will not exceed 60 hours for the contract period.

Scope of Services: Services primarily involve expert advise and assistance concerning Mexican employment law and contract law. Services may include reviewing or drafting employment contracts or other contracts, advising the department on Mexican employment law issues, tax issues, criminal law issues, and contract law, and may require travel to Mexico City. The department may require advice to be provided orally or in writing.

Responses; qualifications: Responses to this request for proposals should include at least the following information in the order requested: (1) a description of the firm's or attorney's qualifications for performing the legal services requested, including the firm's experience in Mexican law matters, and whether the firm or attorney maintains an office in Mexico, (2) the names, experience, and qualifications for performing the legal services requested of the individual attorneys who would be assigned to perform services under the contract, and whether the attorneys are licensed to practice law in Mexico, (3) hourly billing rates for attorneys and other staff who would be assigned to perform services under the contract, flat fees, or other fee arrangements directly related to the achievement of the department's specific goals, and billable expenses, (4) efforts made by the firm to encourage and develop the participation of minorities and women in the provision of the firm's legal services and proposed use of women and minorities in regard to the services required under this contract, if any, (5) disclosures of conflicts of interest, identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the department or to the State of Texas, or any of its boards, agencies, commissions, universities or elected or appointed officials, (6) confirmation of willingness to comply with policies, directives and guidelines of the Department and the Attorney General of the State of Texas, and (7) contact information for the proposer, including address, telephone and fax number, and the name of the individual who will be the department's primary contact on the contract.

The department previously contracted with the law firm of T.D. Warner & Associates P.C. and Visoso & Pikoff, S.C., a joint partnership, for these services and intends to award the contract to T.D. Warner & Associates P.C. and Visoso & Pikoff, S.C. again unless a better offer is received.

TRD-9904086

Robin Abbott

General Counsel

Texas Department of Economic Development

Filed: July 8, 1999

Texas Education Agency

Notice of Intent to Extend Contract for Collecting and Reporting Information to the Texas Education Agency on Monitoring Publicly Funded Special Education Programs

Description. The Texas Education Agency (TEA) solicited a contractor through Request for Proposals (RFP) #701-97-010 for identifying and managing approximately 35 qualified persons to collect and report information to TEA for its monitoring of local educational agencies and other entities providing special education services. The purpose of this monitoring is to determine compliance with state and federal special education requirements. Approximately 225 school districts are scheduled for on-site monitoring during the 1999-2000 school year. The activities to be conducted by the contractors are detailed in the RFP. The RFP notice appeared in the April 11, 1997, issue of the Texas Register (22 TexReg 3483).

The contractor, Oak Hill Technology, Inc., successfully completed the 1998-1999 contract year, meeting personnel identification and employment needs, and providing the logistical support necessary to achieve project goals. The TEA, in accordance with RFP #701-97-010, initiated negotiations to extend Oak Hill Technology's contract. The TEA, under the provisions of RFP #701-97-010, intends to award the contract to the previous contractor, Oak Hill Technology, Inc., of Austin, Texas, in accordance with negotiated contract modifications.

Dates of Project. All services and activities related to this contract will be conducted within specified dates. The selected contractor should plan for a starting date of no earlier than July 1, 1999, and an ending date of no later than June 30, 2000.

Project Amount. The contractor may receive funding not to exceed $2,231,348 during the contract period. This project is funded 100% from IDEA, Part B, federal funds.

Further Information. For clarifying information, contact Dr. Forrest A. Novy, Division of Accountability Development and Support, Texas Education Agency, (512) 463-9515 or by e-mail at fnovy@tmail.tea.state.tx.us.

TRD-9904241

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Request for Proposals Concerning Investment Consultant Services

Eligible Proposers. The State Board of Education (SBOE) is requesting proposals under Request for Proposals (RFP) #701-99-024 from qualified investment consultant firms to provide advice and counsel to the SBOE in fulfilling its management responsibility to the Texas Permanent School Fund.

Description. The purpose of this RFP is to solicit information that will aid the SBOE in the selection of a provider or providers of investment consultant services.

Dates of Project. All services related to this RFP will be conducted between January 3, 2000, and December 31, 2002. Selection of a proposal or proposals may be expedited by the SBOE to an earlier date if deemed necessary.

Project Amount. One or more contractors will be selected. The total amount of a contract is subject to a negotiated bid.

Selection Criteria. Proposals will be selected based on the ability of each proposer to carry out all requirements contained in the RFP. The SBOE will base its selection on, among other things, the demonstrated competence and qualifications of the proposer. The SBOE reserves the right to select from the highest-ranking proposals those that address all requirements in the RFP. The SBOE reserves the right to award separate contracts for long-term investment and for strategic planning, continuing education programs, performance evaluation, external investment manager searches, and other services related to the management and administration of the Permanent School Fund that may be required from time to time.

The SBOE is not obligated to execute a resulting contract, provide funds, or endorse any proposal submitted in response to this RFP. This RFP does not commit the SBOE to pay any costs incurred before a contract is executed. The issuance of this RFP does not obligate the SBOE to award a contract or pay any costs incurred in preparing a response.

Requesting the Proposal. A complete copy of RFP #701-99-024 may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701, or by calling (512) 463-9304. Please refer to the RFP number in your request.

Further Information. For clarifying information about the RFP, contact Paul Ballard, Deputy Executive Administrator, Texas Permanent School Fund, (512) 463-9169.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Monday, August 23, 1999.

TRD-9904240

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: July 14, 1999

Request for Proposals Concerning Production of Braille Masters for Texas Public Schools

Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-99-020 from nonprofit organizations, private companies, and regional education service centers to produce Braille textbook masters from textbooks that are to be adopted by the State Board of Education in November 1999 along with the ancillaries accompanying these state-adopted textbooks. Contractors will be responsible for brailling additional instructional materials on demand. Historically underutilized businesses (HUBs) are encouraged to submit proposals.

Description. The purpose of this RFP is to ensure that Texas students receive quality Braille textbooks, delivered on time, at an economical price.

The adopted textbooks and ancillaries to be brailled have been arranged into four packages of various sizes. These are designated Master Packages A, B, C, and D. Braille producers may submit a proposal for all four packages or any combination of them. However, the TEA reserves the right to select the number of packages contracted to each applicant. For example, all four packages could be awarded to one applicant or four applicants could be awarded one package each or any combination thereof.

Proposers selected for contracts will be responsible for producing Braille masters of instructional materials designated in this RFP. Contractors will be responsible for brailling additional instructional materials upon request, including teacher editions.

Dates of Project. All services and activities related to this RFP will be conducted within specified dates. Proposers should plan for a starting date of no earlier than January 3, 2000, and an ending date of no later than August 31, 2006.

Project Amount. The project's overall estimated cost, consisting of all four production packages, will not exceed $2 million for the first year and not exceed $3 million for the entire period of adoption, normally six years.

Selection Criteria. Proposals will be selected based on the ability of each proposer to carry out all requirements contained in this RFP. The TEA will base its selection on, among other things, the demonstrated competence and qualifications of the proposer. The TEA reserves the right to select from the highest-ranking proposals those that address all requirements in this RFP considering the outcomes desired.

The TEA is not obligated to execute a resulting contract, provide funds, or endorse any proposal submitted in response to this RFP. This RFP does not commit TEA to pay any costs incurred before a contract is executed. The issuance of this RFP does not obligate TEA to award a contract or pay any costs incurred in preparing a response.

Requesting the Proposal. A complete copy of RFP #701-99-020 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701, or by calling (512) 463-9304. Please refer to the RFP number in your request.

Further Information. For clarifying information about this RFP, please contact Charles E. Mayo, Division of Textbook Administration, Texas Education Agency, Room 3-118, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701-1494, (512) 463-9601 or by e-mail at cmayo@tmail.tea.state.tx.us.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Friday, September 3, 1999, to be considered.

TRD-9904238

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: July 14, 1999

Request for Proposals Concerning Production of Braille Textbook Copies for Texas Public Schools

Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-99-021 from nonprofit organizations, private companies, and regional education service centers to copy (i.e., emboss), bind, and deliver Braille textbook copies from textbooks that are to be adopted by the State Board of Education in November 1999 along with the ancillaries accompanying these state-adopted textbooks. Additionally, contractors will be responsible for copying and delivering Braille teacher editions of instructional materials upon demand. Historically underutilized businesses (HUBs) are encouraged to submit proposals.

Description. The purpose of this RFP is to ensure that Texas students receive quality Braille textbooks, delivered on time, at an economical price.

The adopted textbooks and ancillaries to be copied (i.e., embossed), bound, and distributed have been arranged into four production packages of various sizes. These are designated Copy Packages A, B, C, and D. Braille producers may submit a proposal for all four packages or any combination of them. However, the TEA reserves the right to select the number of packages contracted to each applicant. For example, all four packages could be awarded to one applicant or four applicants could be awarded one package each or any combination thereof.

Project Amount. The project, consisting of all four production packages, will receive funding at a level not to exceed $1 million for the first year and not to exceed $1.5 million for the entire period of adoption, normally six years.

Requesting the Proposal. A complete copy of RFP #701-99-021 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701, or by calling (512) 463-9304. Please refer to the RFP number in your request.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Friday, September 3, 1999, to be considered.

TRD-9904239

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: July 14, 1999

Request for Proposals Concerning Production of Large Type Textbooks for Texas Public Schools

Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals under Request for Proposals (RFP) #701-99-022 from nonprofit organizations, private companies, and regional education service centers to produce large type textbooks that are to be adopted by the State Board of Education in November 1999. Historically underutilized businesses (HUBs) are encouraged to submit proposals.

Description. The purpose of this RFP is to ensure that Texas students receive quality large type textbooks, delivered on time, at an economical price.

Proposers selected for contracts will be responsible for producing large type versions of instructional materials designated in this RFP. The adopted textbooks to be enlarged have been arranged into a single production package.

Project Amount. One contractor will be selected to receive a maximum of $1 million during the contract period.

Selection Criteria. Proposals will be selected based on the ability of each proposer to carry out all requirements contained in this RFP. Proposers will be asked to submit a sample of their work. The TEA will base its selection on, among other things, the demonstrated competence and qualifications of the proposer. The TEA reserves the right to select from the highest-ranking proposals those that address all requirements in this RFP.

Requesting the Proposal. A complete copy of RFP #701-99-022 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701, or by calling (512) 463-9304. Please refer to the RFP number in your request.

Deadline for Receipt of Proposals. Proposals must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Friday, September 10, 1999, to be considered.

TRD-9904237

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: July 14, 1999

Golden Crescent Workforce Development Board

Request for Bids

Request for Bids: The Golden Crescent Workforce Development Board, the entity who oversees workforce development programs in the Golden Crescent Workforce Development Area, is soliciting program operators for the Golden Crescent Workforce Centers located in Port Lavaca, Cuero, Goliad, Gonzales, Edna, Yoakum, and Victoria, Texas.

Interested parties may request an RFP package from July 5-15, 1999, by calling Sandy Heiermann at (361) 576-5872.

DEADLINE: Deadline for responses is 5 p.m. on July 29, 1999. An informative bidders' conference will be held on July 8, 1999, for all interested parties.

TRD-9904082

Laura G. Sanders

Executive Director

Golden Crescent Workforce Development Board

Filed: July 7, 1999

Texas Department of Health

Notice of Request for Proposals for Coyote/Gray Fox Oral Rabies Vaccine Delivery

Purpose . The Texas Department of Health (department), Zoonosis Control Division (ZCD), is requesting proposals for the aerial delivery of approximately 1.8 million doses of a wildlife rabies vaccine in individual bait units in an attempt to control and eventually eliminate canine and gray fox rabies from the state.

Description . The department is seeking a contractor to distribute the vaccine/bait units in specified areas of south and central Texas for the control of rabies. The bait delivery area will cover approximately 23,000 square miles and can last no longer than eight weeks. The department will use the competitive procurement process to select a contractor to deliver these vaccine/bait units. The contract will last for a two year period.

Eligible Applicants . Eligible participants include any applicant capable of meeting the performance requirements.

Limitations . Funding for the selected proposal will depend upon available state appropriations. The department reserves the right to reject any and all offers received in response to the Request for Proposals (RFP) and cancel the RFP if it is deemed in the best interest of the department.

Effective Date . The tentative effective date for the contract is January 4, 2000.

Deadlines . All proposals to be considered for funding through this RFP must be received by 5:00 P.M., Central Daylight Saving Time, August 15, 1999, at the Texas Department of Health, Zoonosis Control Division, 1100 West 49th Street, Austin, Texas 78756 (Attention: M.G. Fearneyhough, D.V.M.). Proposals received after this deadline will not be accepted.

Evaluation and Selection . An internal evaluation selection panel designated by ZCD will rank and score the proposals. The evaluation of the RFP will be based upon the following criteria: ability to meet performance requirements; ability to meet specified time lines; cost per flight hour; and evidence that the applicant has the capacity and resources to accomplish the project.

To Request a Copy of the RFP . The RFP will be available on the date of this publication. To request a copy of the RFP, and other information, contact M.G. Fearneyhough, D.V.M., Zoonosis Control Division, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, Telephone (512) 458-7255, or E-mail address fearneyhough@tdh.state.tx.us.

TRD-9904215

Susan K. Steeg

Texas Department of Health

Texas Higher Education Coordinating Board

Request for Proposal

Under the provisions of Texas Government Code 2254, Subchapter B, the Texas Higher Education Coordinating Board (THECB) invites proposals from qualified consultants to conduct a regional and statewide study of higher education priorities and efficiencies. The assessment would serve as a foundation for a higher education plan that would be aimed at the achievement of a small number of critical goals for the state. For the purposes of the study, regions are defined as the 10 Comptroller's regions of the state.

General Information. THECB directed the staff to conduct a priority and efficiency analysis of higher education regionally and statewide with particular emphasis to areas of projected high growth and health-related programs. Consultants will conduct a study through a variety of efforts including, but not limited to, analysis of data, personal interview and focus groups.

Proposal Instructions. Detailed specifications concerning this project will be made available in the proposal request, which may be obtained by contacting Dr. David W. Gardner, Deputy Assistant Commissioner, Office of Planning, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711 or by phone at (512) 483- 6146. In general the proposal should include an executive summary, proposed approach to the project, schedule indicating the tasks envisioned, budget and budget justification, provide an overview of the proposing organization and its consulting activities, and provide a brief description of the personnel to be used on the project including resumes of principal staff members.

Deadline. Proposals must be received by 4:30 p.m. on Monday, August 16, 1999, to be considered. Sixteen copies of the final proposal are required and may be mailed to Dr. David W. Gardner, Deputy Assistant Commissioner, Office of Planning, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711 or hand delivered to Office of Planning, Texas Higher Education Coordinating Board, 7745 Chevy Chase Drive, Austin, Texas 78752.

Selection Process. Proposals will be reviewed, ranked, and selected on the ability of each proposer to carry out all requirements contained in the RFP. The THECB will base selection on, among other things, demonstrated competence to complete a project of this type; cost-effectiveness; qualifications of key personnel; and perceived effectiveness of the proposed plan for conducting the project. Finalists will be required to make a presentation to the Coordinating Board Planning Committee. The THECB reserves the right to negotiate modifications to improve the quality or cost effectiveness of any proposal. Historically underutilized businesses are encouraged to participate in the submission of proposals.

Project Timing and Cost. Contingent upon negotiation of a contract, the period of the contract is anticipated to be September 10, 1999 through April 30, 2000. The consultants selected to conduct the engagement will also be required to submit periodic progress reports and a final report as requested by staff of the THECB Planning. Funding of the study will not exceed $250,000. The anticipated award date of the contract is by September 10, 1999.

General Award and Conditions. The THECB reserves the right to accept or reject any or all proposals submitted. The information contained in this Request for Proposals is intended to serve only as a general description of the services desired. Additional terms and conditions relating to this RFP will be provided in the proposal preparation instructions. The THECB is not obligated to execute a resulting contract, provide funds, or endorse any proposal that is submitted in response to this RFP. This RFP does not commit the THECB to award a contract or pay any cost incurred in the preparation of a response.

TRD-9904219

James McWhorter

Assistant Commissioner for Administration

Texas Higher Education Coordinating Board

Announcement of Public Meetings on Development Plans for Selective Contracting Project

Texas Department of Human Services

The Texas Department of Human Services will conduct three public meetings to provide information and receive input on plans to develop selective contracting for Home and Community Support Service (HCSS) providers. The public meetings will be held in Austin, Tyler, and Mt. Pleasant, Texas. Each public meeting will cover the same material. The Austin public meeting will be held on August 4, 1999, at 9:00 a.m. at 701 West 51st Street, Public Hearing Room (Winters Complex), Austin, Texas. The Tyler public meeting will be held on August 9, 1999, at 10:00 a.m. at 302 East Rieck Road, Room 117 A&B (Greenwood Square), Tyler, Texas. The Mt. Pleasant public meeting will be held on August 9, 1999, at 3:00 p.m. at 1800 North Jefferson (Titus County Civic Center), Mt. Pleasant, Texas.

The Department is developing plans for selective contracting of community care services. The initial focus of the selective contracting project will Home and Community Support Service (HCSS) providers. The following programs will be included: Primary Home Care, Family Care, Frail Elderly, Client Managed Attendant Services, and Community Based Alternatives-HCSS. To facilitate planning, the Department has selected Region 4 (Tyler area) as the initial area for consideration. The public meeting will be an opportunity for the public to meet with Department representatives, be informed of the development stages and additional opportunities for input, and share initial comments.

Contact Person: Please contact Pamela Lawrie, MC W-516, at P.O. Box 149030, Austin, Texas 71714-9030, (512) 438-2856.

Persons with disabilities planning to attend the Austin hearing who may need auxiliary aids or services are asked to contract Shirley Wren, (512) 438-2080, by July 29, 1999, so that appropriate arrangements can be made. Persons with disabilities planning to attend the Tyler or Mt. Pleasant hearing who may need auxiliary aids or services are asked to contract Sylvia Riddle, (903) 509-5135, by August 3, 1999, so that appropriate arrangements can be made.

TRD-9904246

Paul Leche

Agency Liaison

Texas Department of Human Services

The following application has been filed with the Texas Department of Insurance and is under consideration:

Texas Department of Insurance

Insurer Services

Application for admission to the State of Texas by RELIANT INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Troy, Michigan.

Any objections must be filed with the Texas Department of Insurance, addressed to the attention of Kathy Wilcox, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-9904253

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Notice of Public Hearing for Private Passenger and Commercial Automobile Insurance Rates Concerning the Texas Automobile Insurance Plan Association

Notices

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by American International Insurance Company proposing to use rates that are outside the flexibility band promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art. 5.101, §3(g). They are proposing various rates ranging from +2% above the benchmark to +76% above the benchmark for personal automobile insurance by class, territory, and coverage. Also included in the filing is a request to pay a discount by BI limits.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to Art. 5.101, §3(h), is made with the Chief Actuary, Mr. Philip Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-9904096

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 9, 1999

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by the Insurance Company of the State of Pennsylvania proposing to use rates that are outside the flexibility band promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art. 5.101, §3(g). They are proposing various rates ranging from -17% below the benchmark to +43% above the benchmark for personal automobile insurance by class, territory, and coverage. Also included in the filing is a request to pay a discount by BI limits.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

TRD-9904097

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 9, 1999

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by AIU Insurance Company proposing to use rates that are outside the flexibility band promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art. 5.101, §3(g). They are proposing various rates ranging from -36% below the benchmark to Benchmark for personal automobile insurance by class, territory, and coverage. Also included in the filing is a request to pay a discount by BI limits.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

TRD-9904098

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 9, 1999

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Minnesota Insurance Company proposing to use rates that are outside the flexibility band promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art. 5.101, §3(g). They are proposing various rates ranging from -46% below the benchmark to Benchmark for personal automobile insurance by class, territory, and coverage. Also included in the filing is a request to pay a discount by BI limits.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, extension (512) 475-1761.

TRD-9904099

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 9, 1999

Notice of Hearing

The Commissioner of Insurance will hold a public hearing under Docket 2413 on Wednesday, August 25, 1999, at 9:00 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas.

The purpose of this hearing is to receive comments regarding the appropriate rate reductions for certain lines and sublines of liability coverages to reflect the savings resulting from tort reform measures adopted by the 73rd and 74th sessions of the Texas Legislature. Article 5.131 requires that the rate reductions be adopted by rule. Therefore, the Commissioner will hear comments from interested parties regarding proposed amendments to 28 Tex. Admin. Code, Subchapter R, Temporary Rate Reduction for Certain Lines of Insurance. A formal notice of the proposed amendments will be published in the Texas Register at a later date. Individuals who wish to present comments at the hearing will be asked to register immediately prior to the hearing.

Written comments may be submitted to the Chief Clerk's Office, P.O. Box 149104, Mail Code 113-1C, Austin, Texas 78714-9104. An additional copy of each comment should be submitted to Ann Bright, Agency Counsel Section, Legal and Compliance, Mail Code 110-1A, Texas Department of Insurance, 333 Guadalupe Street, P. O. Box 149104, Austin, Texas 78714-9104.

Information compiled by Department staff for presentation at the hearing, consisting of data from insurance company closed claim reports, will be available on the TDI Web page at www.tdi.state.tx.us or upon request from the Department prior to the hearing. Please contact Angela Arizpe at (512) 463-6326.

TRD-9904085

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 8, 1999

Docket Number 454-99-1332.G

Notice is hereby given that a hearing under Docket Number 454-99-1332.G will be held before an administrative law judge (ALJ) of the State Office of Administrative Hearings (SOAH) at 10:00 a.m. on October 5, 1999 and continuing thereafter at dates, times and places designated by the ALJ until conclusion. The purpose of the hearing is consideration of adoption of the manual rates for private passenger and commercial classes of risks provided through the Texas Automobile Insurance Plan Association (TAIPA). The hearing will be held at SOAH, Suite 1100 of the Stephen F. Austin State Office Building at 1700 N. Congress Avenue, Austin, Texas 78701.

Authority, Jurisdiction and Statutes and Rules Involved

The Commissioner of Insurance has jurisdiction and legal authority over the subject matter of this hearing pursuant to the Texas Insurance Code, Article 21.81 §5. Pursuant to the Texas Insurance Code, Article 1.33B, SOAH shall conduct the hearing. Statutes involved include Articles 21.81 and 5.131 and subchapter A of Chapter 5 of the Texas Insurance Code.

The procedure of the hearing will be governed by Texas Insurance Code, Article 1.33B, the Rules of Practice and Procedure For Industry-Wide Rate Cases before the Department of Insurance (Texas Administrative Code, Title 28, Chapter 1, Subchapter A), the Memorandum of Understanding between the Department and SOAH (Texas Administrative Code, Title 28, Chapter 1, §1.90), the Administrative Procedure Act (Texas Gov't Code, Ch. 2001), and SOAH's Rules of Practice and Procedure (Texas Administrative Code, Title 1, Chapters 155 through 163).

Matters to be Considered

The commissioner will consider testimony presented and information filed by the TAIPA, the Office of Public Insurance Counsel and other interested parties relating to the determination of rates for private passenger and commercial automobile insurance provided through the TAIPA, including the spreading of the rates among relevant classifications and territories. The commissioner has the statutory authority and duty pursuant to the Texas Insurance Code, Article 21.81 §5 to promulgate the rates to be charged for insurance provided through the TAIPA, including private passenger and commercial automobile insurance, after notice and hearing. Relevant data to be used in the rate case will be available from the department.

The commissioner has the statutory authority and duty pursuant to the Texas Insurance Code, Article 21.81 to determine and prescribe rates that are just, reasonable, adequate, not excessive, not confiscatory and not unfairly discriminatory for the risks to which they apply; and to set rates in an amount sufficient to carry all claims to maturity and to meet the expenses incurred in the writing and servicing of the business.

The commissioner requests evidence on the following additional matters to be determined at the hearing:

1. The effect of tort reform legislation in determining rates.

2. Impact of changes in the size of the TAIPA plan population on rate level calculations, such as premium on, level factors, trend factors, trending dates (e.g., the average date of loss of the experience years) and other ratemaking elements.

3. Provide evidence regarding rates that promote access to full insurance coverage and that are fair and reasonable for underserved areas, as provided in Texas Insurance Code Article 1.09-5(c).

4. The relative number of drivers who are removed from TAIPA by the mandatory and voluntary take out programs, and the effect on rate needs.

5. The loss ratios at current benchmark rate levels of commercial risks written through TAIPA.

6. The setting of PIP and medical payment rates on a class and territorial basis, as opposed to the size of the bodily injury liability rate.

7. Potential rate impact and the effect on individual classes of TAIPA drivers in the event Rule 42 of the Texas Automobile Rules and Rating Manual were amended to apply surcharge percentages for accidents and convictions based on the Class 1A driver rate in a manner similar to Rule 75(I)(7), (8), and (9). In other words, in the event that both the base rate for calculation and the surcharge percentage may be adjusted, depending upon the evidence address the adjustments necessary to keep TAIPA rates revenue neutral. Also address the surcharge percentages to be applied in the event of accidents and convictions.

8. Issues relevant to TAIPA which are raised in the NOH for the Benchmark Auto.

9. Review of the actual historical rate of return of the property/casualty insurance industry on both a statutory accounting principles (SAP) and generally accepted accounting principles (GAAP) basis in comparison to prevailing short, medium and long-term interest rates, actual return on investments earned by investors in property/casualty insurance stock companies, actual GAAP return on equity earned by other industries, and actual GAAP return on equity by all industries combined. Provide the available data with any associated calculations and analyses.

10. The relative risk of the property/casualty insurance industry in comparison to other industries and all industries combined as viewed by an investor, defined as either a purchaser of stock or some other contributor of capital to the insurance enterprise.

11. The impact of the property/casualty insurance industry's debt to equity ratio and liabilities to equity ratio currently and over time on the recommendation for a target rate of return. If cost of capital considerations include reliance upon a sample group of companies, such reliance should be supported with information regarding:

(a) the extent to which the sample companies have incorporated debt into their capital structures, and

(b) the relative leverage of the property/casualty operating companies owned by the sample companies when compared with the property/casualty industry as a whole, with leverage measured by the ratio of premiums plus reserves (loss, loss adjustment, and unearned premium reserves) to consolidated policyholder surplus.

12. Review of the actual historical net investment income earned, including interest and dividends earned, and realized and unrealized capital gains, by the property/casualty insurance industry in comparison to prevailing short, medium and long-term interest rates. Provide the available data with any associated calculations and analyses.

13. Review of the historical premium to surplus and reserves to surplus ratios of the property/casualty insurance industry.

14. Comparison of the recommended leverage ratios with those that would result from an allocation of total property/casualty industry surplus by line of insurance based upon the combination of net premiums earned plus mean net reserves, plus the ratios which result from any additional adjustments necessary for Texas-specific variations in countrywide relationships and/or to reflect the effects of converting SAP surplus to GAAP net worth.

15. Review of historical underwriting profit results for Texas and countrywide in the coverages for which underwriting profit provisions are recommended.

Motions for Admission as a Party

Anyone who wishes to participate in the hearing as a party must file a motion for Admission as a party by 5:00 p.m. August 6, 1999.

Prehearing Conference

An initial prehearing conference will be held before the ALJ at 10:00 a.m. on August 10, 1999, at the State Office of Administrative Hearings, Suite 1100 of the Stephen F. Austin State Office Building at 1700 N. Congress Avenue, Austin, Texas 78701. The prehearing conference will be held for the following purposes:

(1) ruling on all motions for admission of parties;

(2) setting the procedural deadlines for discovery, motions, and prefiled testimony; and

(3) such other matters as will promote the orderly and prompt conduct of the hearing.

Additional prehearing conferences will be scheduled as the ALJ deems necessary to rule on other matters as may aid in the simplification of the proceedings.

Commissioner's Policies

Pursuant to Tex. Gov't Code §2001.058 (c), the commissioner is required to provide the ALJ with a written statement of applicable rules and policies. The applicable procedural rules are set out above. The commissioner's policies regarding the setting of rates for insurance provided through the TAIPA are set out below. Evidence regarding alternatives to the commissioner's policies as set out herein shall be permitted. The purpose of this policy statement is to put the ALJ and parties on notice regarding the commissioner's policies to provide advance notice of the type of evidence parties should present in the hearing. This policy statement, however, is not intended to limit the type of evidence a party may offer at the hearing. The pertinent commissioner's policies are as follows:

1.It is the commissioner's policy to consider all relevant evidence and issues in making a determination of rates. To ensure a complete record, the commissioner requests the ALJ to:

(a) take judicial notice of 28 Texas Administrative Code §§5.14000-5.14011 (frequently referred to as the "Rate Reduction Rules") as adopted by the commissioner; Commissioner's Order No. 96-0591 entitled "In the Matter of Rates for Private Passenger and Commercial Automobile Insurance Provided Through the Texas Automobile Insurance Plan Association" and dated May 29, 1996; Commissioner's Order No. 97-1272 entitled, "Private Passenger and Commercial Automobile Insurance Provided Through the Texas Automobile Insurance Plan Association" and dated December 18, 1997; and Commissioner's Order No. 98-1494, entitled "Private Passenger and Commercial Automobile Insurance Provided through the Texas Automobile Insurance Plan Association" and dated December 22, 1998.

(b) ensure that exhibits accompanying testimony from the parties' witnesses, including their underlying work papers, are submitted and are made available in both paper and electronic format. The format should be 3.5 inch high density diskette in a DOS or Windows spreadsheet or other format readable by a machine running DOS or Windows. Parameters, assumptions and references to underlying data should be identifiable in the electronic exhibits.

2. It is the commissioner's policy that so-called "Fast Track" data reports not be used directly in the rate development analysis. Trend analysis should rely upon trend data reported to the department and provided by the department to the parties. Fast Track data are not intended for ratemaking and represent only a portion of industry experience.

3.It is the commissioner's policy that if underwriting profit provisions are calculated to reflect a target return on equity measured under GAAP, estimates of future expense ratios, to the extent these estimates are based upon historical expense experience, shall be based upon historical ratios of expenses to written premiums. Alternatively, if estimates of future expenses are based upon historical ratios of expenses to earned premium, then the underwriting profit provision shall be adjusted in consideration of expected increases in prepaid expenses which are recognized as an asset under GAAP.

Conduct of the Hearing

Each page of any exhibit offered in evidence at a hearing before the Commissioner of Insurance, including prefiled testimony, must be numbered consecutively at the center of the bottom margin, be on 8 1/2" by 11" paper, and must be three-hole-punched along the left margin. The front page of each exhibit should indicate that the exhibit would be part of the record of a public hearing before the Commissioner of Insurance and should identify the subject of the hearing, the docket number, the date of the hearing, and the party offering the exhibit. On the front page, the party offering the exhibit should also describe the exhibit and leave a space for numbering the exhibit. For example:

Public Hearing before the Commissioner of Insurance

Subject of Hearing: Texas Automobile Insurance Plan Association Rate Hearing

Docket No. ______________

Date: ___________________

Exhibit # _________________

Description of Exhibit _____________

Parties offering exhibits into evidence at the hearing should be prepared with sufficient copies of each proposed exhibit to furnish the following:

1. the original exhibit, which will be tendered to the ALJ for marking and retention for the official record, after which the attorneys shall use an exact photocopy of such marked exhibit in the examination of the witness;

2. one copy each for every other party admitted to the hearing.

All deadlines in this notice are subject to change at the ALJ's discretion to the extent permitted by statute and rule.

In contested cases, all parties are entitled to the assistance of their counsel before administrative agencies. This right may be expressly waived.

TRD-9904144

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 9, 1999

Third Party Administrator Applications

The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.

Application for admission to Texas of Consolidated Health Plans, Inc., a foreign third party administrator. The home office is Metairie, Louisiana.

Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.

TRD-9904252

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 14, 1999

Texas Lottery Commission

Public Hearing

Notice is hereby given that a public hearing will be held on July 22, 1999 at 10:00 a.m. in the first floor auditorium of the Texas Lottery Commission, 611 E. 6th Street, Austin, Texas 78701, to receive comments regarding a proposed new section to 16 TAC 401.312, relating to converting specific lottery prize installment payments.

TRD-9904090

Kimberly L. Kiplin

Texas Natural Resource Conservation Commission

Texas Lottery Commission

Filed: July 8, 1999

Enforcement Orders

An agreed order was entered regarding LATTIMORE MATERIALS COMPANY, L.P., Docket Number 1998-0313-MWD-E; TNRCC ID Number 0000127; Enforcement ID Number 12316 on July 6, 1999 assessing $10,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tracy Harrison, Staff Attorney at (512) 239-1736 or Brian Lehmkuhle, Enforcement Coordinator at (512) 239-4482, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding FFP OPERATING PARTNERS, L.P., Docket Number 1997-1084- MWD-E; Permit Number WQ 0013661-001; Enforcement ID Number 8115 on July 6, 1999 assessing $5,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Gilbert Angelle, Enforcement Coordinator at (512) 239-4489, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding THE CITY OF KERENS, Docket Number 1998-0460-MWD-E; Permit Number 10745-001; Enforcement ID Number 8228-2 on July 6, 1999 assessing $8,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Craig Carson, Enforcement Coordinator at (512) 239-2175, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding MICHAEL STROZDAS, Docket Number 1997-0430-LII-E; TNRCC Irrigator License Number LI0003437; Enforcement ID Number 12623 on July 6, 1999 assessing $1,810 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting David Speaker, Staff Attorney at (512) 239-2548 or Merrilee Gerberding, Enforcement Coordinator at (512) 239-4490, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MEDHI PAYESTEH DOING BUSINESS AS QUALITY LUBE, Docket Number 1998-1147-AIR-E; Account Number DB-4953-W; Enforcement ID Number 12984 on July 6, 1999 assessing $625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Ali Abazari, Staff Attorney at (512) 239-5915 or Michael DeLaCruz, Enforcement Coordinator at (817)469-6750, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding FFP OPERATING PARTNERS, LP, Docket Number 1999-0257- AIR-E; Account Number EE-1115-S on July 6, 1999 assessing $750 in administrative penalties with $150 deferred.

Information concerning any aspect of this order may be obtained by contacting Stacey Young, Enforcement Coordinator at (512) 239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DARREL DANNEN DBA DOUBLE D MOTORS, Docket Number 1999-0097-AIR-E; Account Number DB-3447-D; Enforcement ID Number 13415 on July 6, 1999 assessing $625 in administrative penalties.

An agreed order was entered regarding LOVES COUNTRY STORE, INCORPORATED, Docket Number 1998-1526-AIR-E; Account Number EE-1053-P; Enforcement ID Number 13217 on July 6, 1999 assessing $750 in administrative penalties with $150 deferred.

Information concerning any aspect of this order may be obtained by contacting Carol Dye, Enforcement Coordinator at (512) 239-1504, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding PIONEER CONCRETE OF TEXAS, INCORPORATED, Docket Number 1999-0063-AIR-E; Account Nos. DB-0856-D and CP-0084-V; Enforcement ID Nos. 13308 and 13309 on July 6, 1999 assessing $7,500 in administrative penalties.

An agreed order was entered regarding VALERO REFINING COMPANY, Docket Number 1998-1162- AIR-E; Account Number NE-0112-G; Enforcement ID Number 11051 on July 6, 1999 assessing $111,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Carl Schnitz, Enforcement Coordinator at (512) 239-1892, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding DAVID E. HALL DBA DAVID E. HALL COMPANY, Docket Number 1998-0683-AIR-E; TNRCC ID Number DB-4429-V; Enforcement ID Number 12305 on July 6, 1999 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting William Puplampu, Staff Attorney at (512) 239-0677 or Carl Schnitz, Enforcement Coordinator at (512) 239-1892, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding AFZAL SHEKHANI DBA ALDINE FOOD & GAS MART, Docket Number 1998-0803-PST-E; TNRCC ID Number 0038239; Enforcement ID Number 12419 on July 6, 1999 assessing $4,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting William Puplampu, Staff Attorney at (512) 239-0677 or Julia McMasters, Enforcement Coordinator at (512) 239-5839, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding PHILLIPS 66 COMPANY DBA TURNPIKE 66 AND PHILLIPS 66 COMPANY DBA SEMINARY 66, Docket Number 1998-1493-PST-E; PST Facility ID Nos. 0010891 and 0064981; Enforcement ID Nos. 13010 and 13011 on July 6, 1999 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mohammed Issa, Enforcement Coordinator at (512) 239-1445, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CINDI MILLS DBA C & J TRADING POST, Docket Number 1998-1278-PST-E; PST ID Number 0070876; Enforcement ID Number 13026 on July 6, 1999 assessing $2,500 in administrative penalties with $2,500 deferred.

Information concerning any aspect of this order may be obtained by contacting Sushil Modak, Enforcement Coordinator at (512) 239-2142, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MR. KARIM MOMIN DBA GAS N STUFF FOOD MART, Docket Number 1998-1258-PST-E; Facility ID Number 0028584; Enforcement ID Number 13032 on July 6, 1999 assessing $5,000 in administrative penalties.

An agreed order was entered regarding TRI-CON, INC. DBA EXXPRESS MART #4, Docket Number 1998-0014-PST-E; PST Facility ID Number 0039980; Enforcement ID Number 13266 on July 6, 1999 assessing $3,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Craig Fleming, Enforcement Coordinator at (512) 239-5806, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding FEDERAL EXPRESS CORPORATION, Docket Number 1998- 0998-PST-E; PST Facility ID Number 0035712; Enforcement ID Number 12894 on July 6, 1999 assessing $7,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting J. Mac Vilas, Enforcement Coordinator at (512) 239-2557, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding AGM TEXACO, INCORPORATED, Docket Number 1998-0719- PST-E; PST Facility ID Number 0026715; Enforcement ID Number 12685 on July 6, 1999 assessing $6,375 in administrative penalties with $5,775 deferred.

An agreed order was entered regarding AHMAD ENTERPRISES, Docket Number 1998-1257-PST-E; PST Facility ID Number 0047170 on July 6, 1999 assessing $1,875 in administrative penalties.

An agreed order was entered regarding JACK MORTON, Docket Number 1998-0482-PST-E; TNRCC ID Number 0006823; Enforcement ID Number 12474 on July 6, 1999 assessing $21,500 in administrative penalties with $20,900 deferred.

Information concerning any aspect of this order may be obtained by contacting Heather Otten, Staff Attorney at (512) 239-1738 or Paula Spears, Enforcement Coordinator at (515)239-5100, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding KASHMIR, INC. DBA GREENBRIAR GROCERY, Docket Number 1998-0716-PST-E; TNRCC ID Number 43001; Enforcement ID Number 12384 on July 6, 1999 assessing $10,625 in administrative penalties with $10,025 deferred.

Information concerning any aspect of this order may be obtained by contacting Laura Kohansov, Staff Attorney at (512) 239-2029 or Timothy Haase, Enforcement Coordinator at (512) 239-6007, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding LORNE THORNBRUE, Docket Number 1997-1195-PST-E; PST Facility ID Number 69290; Enforcement ID Number 12104 on July 6, 1999 assessing $3,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Laura Kohansov, Staff Attorney at (512) 239-2029 or Gayle Zapalac, Enforcement Coordinator at (512) 239-1136, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding VULCAN MATERIALS COMPANY, Docket Number 1998-0976- IWD-E; WQ Permit Number 03329; Enforcement ID Number 2-4 on July 6, 1999 assessing $1,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Ali Abazari, Staff Attorney at (512) 239-5915 or Karen Berryman, Enforcement Coordinator at (512) 239-2172, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SHAWN FULLER DBA FULLER MOBILE HOME PARK, Docket Number 1998-1016-PWS-E; PWS ID Number 1520232; Enforcement ID Number 12816 on July 6, 1999 assessing $500 in administrative penalties with $100 deferred.

Information concerning any aspect of this order may be obtained by contacting Gloria Stanford, Enforcement Coordinator at (512) 239-1871, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding THE CITY OF BLANCO, Docket Number 1998-1222-PWS-E; PWS 0160002 on July 6, 1999 assessing $375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sandy VanCleave, Enforcement Coordinator at (512) 239-0667, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ZION LUTHERAN CHURCH OF HELOTES, Docket Number 1998-1045-PWS-E; PWS Number 0150513 on July 6, 1999 assessing $688 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jayme Brown, Enforcement Coordinator at (512) 239-1683, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding C.L. THOMAS INC. DBA SPEEDY STOP #46, Docket Number 1999-0102-PWS-E; PWS Number 2350044 on July 6, 1999 assessing $2,500 in administrative penalties.

An agreed order was entered regarding LAWRENCE WATER SUPPLY CORPORATION, Docket Number 1999-0101-PWS-E; PWS Number 1290018 on July 6, 1999 assessing $750 in administrative penalties.

An agreed order was entered regarding TIMOTHY M. BRADBERRY AND SALLIE M. BRADBERRY DBA BRADBERRY WATER SUPPLY, Docket Number 1998-1076-PWS-E; CCN Number 11950 on July 6, 1999 assessing $8,169 in administrative penalties.

An agreed order was entered regarding GROENDYKE TRANSPORT, INC., Docket Number 1998-1321- IHW-E; ISW Reg. 31059; Enforcement ID Number 12920 on July 6, 1999 assessing $18,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Randy Norwood, Enforcement Coordinator at (512) 239-1879, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CHAMPION TECHNOLOGIES INCORPORATED, Docket Number 1998-1181-IHW-E; SWR Number 31502; Enforcement ID Number 12922 on July 6, 1999 assessing $26,100 in administrative penalties with $5,220 deferred.

Information concerning any aspect of this order may be obtained by contacting Thomas Greimel, Enforcement Coordinator at (512) 239-5690, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding NOLTEX L.L.C., Docket Number 1998-1467-IHW-E; SWR Facility ID Number 84348; Enforcement ID Number 13189 on July 6, 1999 assessing $5,000 in administrative penalties with $1,000 deferred.

An agreed order was entered regarding MERICHEM-SASOL USA LLC, Docket Number 1998-1314-IHW- E; SWR Number 30595; Enforcement ID Number 1160 on July 6, 1999 assessing $6,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tim Haase, Enforcement Coordinator at (512) 239-6007, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TECHNICAL COATINGS, INC., Docket Number 1998-0738- IHW-E; SWR Number 33276; Enforcement ID Number 1423 on July 6, 1999 assessing $29,375 in administrative penalties with $19,375 deferred.

Information concerning any aspect of this order may be obtained by contacting Laura Kohansov, Staff Attorney at (512) 239-2029 or Tim Haase, Enforcement Coordinator at (512) 239-6007, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding RAYTHEON E-SYSTEMS, INC., Docket Number 1998-1243- IHW-E; SWR 30449; Enforcement ID Number 12722 on July 6, 1999 assessing $10,000 in administrative penalties with $2,000 deferred.

Information concerning any aspect of this order may be obtained by contacting Susan Johnson, Enforcement Coordinator at (512) 239-2555, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF BRADY, Docket Number 1998-1315-MSW-E; MSW Permit Number 1732; Enforcement ID Number 6847 on July 6, 1999 assessing $5,550 in administrative penalties.

An agreed order was entered regarding RONNIE SMITH DBA SMITH'S DIAMOND C RANCH, Docket Number 1998-0061-MLM-E on July 6, 1999 assessing $750 in administrative penalties with $150 deferred.

Information concerning any aspect of this order may be obtained by contacting Terry Thompson, Enforcement Coordinator at (512) 239-6095, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF GEORGETOWN, Docket Number 1998-0600-EAQ-E; Enforcement ID Number 12557 on July 6, 1999 assessing $3,000 in administrative penalties with $600 deferred.

Information concerning any aspect of this order may be obtained by contacting Merrilee Gerberding, Enforcement Coordinator at (512) 239-4490, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding WAYNE MOERMAN DBA TRIPLE X DAIRY, Docket Number 1998-0931-AGR-E; Permit Number 03669; Enforcement ID Number 12790 on July 6, 1999 assessing $6,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Brian Lehmkuhle, Enforcement Coordinator at (512) 239-4482, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-9904230

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Environmental Council of States (ECOS) Innovative Agreement Between TNRCC and EPA

The following information concerns the Environmental Council of States (ECOS) Innovative Agreement Between the Texas Natural Resource Conservation Commission (TNRCC) and the Environmental Protection Agency (EPA)

Date: June 17, 1999

Agreed Solution for TNRCC proposal submitted on October 23, 1998:

The TNRCC will reassess, through existing flexibility, the number of inspectors which must be recertified as visible emissions evaluators under Method 9 in order to satisfy conditions of their air program. EPA believes that this proposal creates the opportunity for TNRCC to test innovative resource management approaches by shifting limited inspector resources to higher risk enforcement and compliance areas identified by the State.

The TNRCC and EPA agree to use existing air program delegation mechanisms to monitor the effect of reducing the number of State inspectors recertified for Method 9 on an annual basis. The review will be conducted at the same time as the regular annual air enforcement program evaluation.

Contact Trace Finley at (512) 239-5886.

TRD-9904250

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 14, 1999

Extension of Comment Period

In the July 16, 1999, issue of the Texas Register , the Texas Natural Resource Conservation Commission (commission) published proposed amendments to 30 TAC Chapter 115, concerning the implementation of reasonably available control technology for major volatile organic compound sources in the Beaumont/Port Arthur ozone nonattainment area. Also in the July 16, 1999 issue, the commission published proposed amendments to 30 TAC Chapter 117, concerning the setting of emission limits, a compliance schedule, and requirements for operating, testing, recordkeeping, and reporting for stationary gas-fired, lean-burn engines in the Beaumont/Port Arthur ozone nonattainment area. The preambles to the proposals stated that public hearings regarding the proposal would be held August 9, 1999, and that the commission must receive all written comments by 5:00 p.m., August 16 1999. The commission has extended the deadline for receipt of written comments to 5:00 p.m., August 23, 1999.

Written comments should be mailed to Lisa Martin, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Comments should reference Rule Log Numbers 99018-SIP-AI, 99019-115-AI, and 99020-117-AI. For further information on the proposed revisions, please contact one of the following Strategic Assessment Section staff members: Mike Magee (BPA Attainment SIP), (512) 239-1511; Eddie Mack (Chapter 115 revisions), (512) 239-1488; or Randy Hamilton (Chapter 117 revisions), (512) 239-1512. Copies of the proposed rules can be obtained from the commission's Web Site at www.tnrcc.state.tx.us/oprd/rules/propadop.html, or by calling Ms. Martin at (512) 239-1966.

TRD-9904233

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 14, 1999

Notice of Application for Industrial Hazardous Waste Permits/Compliance Plans and Underground Injection Control Permits for the Period of June 29, 1999 to July 12, 1999

EQUISTAR CHEMICALS, L.P., P.O. Box 10940, Corpus Christi, Texas, 78460, has filed an application with the Texas Natural Resource Conservation Commission (TNRCC) for a major amendment to Underground Injection Control (UIC) Permit Number WDW-152 which authorizes continued use of the well for on-site disposal of hazardous waste into a rock formation below all underground sources of drinking water. The proposed amendment to the well permit includes implementation of Hazardous and Solid Waste Amendments corrective action requirements. Equistar Chemicals, LP is located at 1501 McKinzie Road in Corpus Christi, Nueces County, Texas. The waste disposal well is located approximately 890 feet from the north line and approximately 525 feet from the west line of §412, Charles Land Survey, A-854, (North Latitude 27ø48'42", West Longitude 97ø35'42"). Equistar Chemicals, LP currently operates a chemical manufacturing facility which uses liquified petroleum gases and other raw materials to produce ethylene plus principal co-products of propylene, benzine, butadiene, and C4 raffinate. The injected wastes stream is spent caustic and process waste water generated during the manufacture of organic chemicals. In addition, other associated wastes such as ground water and rainfall contaminated by authorized wastes, spills of authorized wastes, and wash waters and solutions used in cleaning, servicing, and closing the waste disposal well system equipment, which are compatible with the permitted waste streams, reservoir, and well materials, may be injected. WDW-152 has been permitted since 1979.

VISION METALS, INC located at 2010 Spur 529 and Scott Road near U.S. High 59 on approximately 82.322 acres in Rosenberg, fort Bend County, operates a steel tubing production facility, has applied for a renewal of a Hazardous waste permit (Permit Number HW-50129) and renewal of compliance plan (Compliance Plan Number CP-50129). The permit would authorize continued post-closure care for five surface impoundments. The compliance plan renewal will require the permittee to continue to monitor the concentration of hazardous constituents in groundwater and remediate ground-water to specific standards.

If you wish to request a public hearing, you must submit your request in writing. You must state: (1) your name, mailing address and daytime phone number; (2) the application number, TNRCC docket number or other recognizable reference to the application; (3) the statement I/we request an evidentiary public hearing; (4) a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; and (5) a description of the location of your property relative to the applicant's operations.

Requests for a public hearing or questions concerning procedures should be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex, Building F, Room 1101, Texas Natural Resource Conservation Commission, Mail Code 105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040.

TRD-9904228

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 13, 1999

Notice of District Application on the Application for Standby and/or Impact Fees

LAKE CONROE HILLS MUNICIPAL UTILITY DISTRICT OF MONTGOMERY COUNTY has applied to the Texas Natural Resource Conservation Commission (TNRCC) for authority to adopt and impose an annual operation and maintenance standby fee of $90 per lot and $228 per acre for calendar years 1999 through 2001 on unimproved property within the District. The application was filed pursuant to Chapter 49 of the Texas Water Code, 30 Texas Administrative Code Chapter 293, and under the procedural rules of the TNRCC.

The TNRCC may grant a contested case hearing on these applications if a written hearing request is filed within 30 days after the newspaper publication of this notice. The Executive Director may approve the applications unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of the notice.

If a hearing request is filed, the Executive Director will not approve the application and will forward the application and hearing request to the TNRCC 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, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information concerning hearing process, contact the Public Interest Counsel, MC 103, the same address. For additional information, individual members of the general public may contact the Office of Public Assistance, at 1-800-687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-9904227

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 13, 1999

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

The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Default Orders. The TNRCC Staff proposes a Default Order when the Staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPR. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to the Texas Water Code (the Code), §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 August 23, 1999. The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a Default Order if a comment discloses facts or considerations that indicate that the proposed Default Orders is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed Default Order is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed Default Orders is available for public inspection at both the TNRCC'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 Default Order should be sent to the attorney designated for the Default Order at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on August 23, 1999. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the Default Orders and/or the comment procedure at the listed phone numbers; however, comments on the Default Orders should be submitted to the TNRCC in writing.

(1) COMPANY: Amistad Water Supply Corporation and Carrie Suniga, Individually; DOCKET NUMBER: 1998-1067-PWS-E; TNRCC IDENTIFICATION (ID) NUMBER: 0130060; LOCATION: 200 Salazar Drive, Beeville, Bee County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.106(a) and Texas Health and Safety Code (THSC), §341.033(d) by failing to collect routine bacteriological samples; 30 TAC §290.103(5) by failing to provide public notification of its failure to collect bacteriological water samples and to provide a copy of the notice to the commission; and 30 TAC §290.51 and THSC, §341.041 by failing to pay public health safety fees for 1998; PENALTY: $4,250; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(2) COMPANY: Raymond Carrillo; DOCKET NUMBER: 1999-0118-PST-E; TNRCC ID NUMBER: 04709; LOCATION: 301 North Cleveland, Rotan, Fisher County, Texas; TYPE OF FACILITY: retail gasoline dispensing; RULES VIOLATED: 30 TAC §334.50(d)(1)(B)(ii) by failing to conduct reconciliation of detailed inventory control records; and 30 TAC §334.22 and the Code, §26.358(b) by failing to pay annual facility fees for underground storage tanks; PENALTY: $5,000; STAFF ATTORNEY: Ali Abazari, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(3) COMPANY: Price Construction, Incorporated dba Gonzales Concrete Batch Plant; DOCKET NUMBER: 1998-1275-AIR-E; TNRCC ID NUMBER: 93-5283-O; LOCATION: U.S. Highway 90 East, Del Rio, Val Verde County, Texas; TYPE OF FACILITY: concrete batch plant; RULES VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a) by failing to qualify for exemption and by failing to obtain a permit prior to operation; PENALTY: $2,000; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE: 1403 Seymour, Suite 2, Laredo, Texas 78040-8752, (956) 791-6611.

TRD-9904235

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: July 14, 1999

Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

The Texas Natural Resource Conservation Commission (TNRCC or commission) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and 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 August 22, 1999 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on August 22, 1999 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1) COMPANY: BASF Corporation; DOCKET NUMBER: 1998-1466-AIR-E; IDENTIFIER: Air Account Number BL-0021-O; LOCATION: Freeport, Brazoria County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §116.116(a) and the Act, §382.085(b), by failing to control vent E-16 Hotwell in the Cyclohexanone 1 Unit and the E-169 vent from D-185 in the Cyclohexanone 2 Unit by not routing them to the catalytic incinerator as represented in the permit application of Permit Number 1733A; PENALTY: $17,250; ENFORCEMENT COORDINATOR: Gita Arasteh, (713) 767-3706; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Calpine Corporation; DOCKET NUMBER: 1999-0049-AIR-E; IDENTIFIER: Air Account Number HG-9954-A; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: cogeneration plant; RULE VIOLATED: 30 TAC §122.121, §122.130(c)(1), and the THSC, §382.085(b) and §382.054, by failing to obtain a Title V operating permit or submit an initial abbreviated application; and 30 TAC §122.121, §122.412(1)(B), and the THSC, §382.085(b) and §382.054, by failing to obtain a Title IV acid rain permit or submit an application; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Anjili Sabharwal, (713) 767-3757; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Chevron Products Company; DOCKET NUMBERS: 1998-0555-IWD-E and 1998-0556-IWD-E; IDENTIFIERS: Enforcement Identification Numbers 12498 and 12499; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: petroleum storage tank groundwater remediation; RULE VIOLATED: 30 TAC §321.133(c)(2)(A) and the Code, §26.121, by exceeding the required limitations of 50 parts per billion (ppb) for benzene and 500 ppb for total benzene, toluene, ethylbenzene, and xylene; PENALTY: $1,950; ENFORCEMENT COORDINATOR: Mike Meyer, (512) 239-4492; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: El Paso Independent School District; DOCKET NUMBER: 1998-1498-AIR-E; IDENTIFIER: Air Account Number EE-1240-O; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: maintenance shop; RULE VIOLATED: 30 TAC §114.100(a) and the THSC, §382.085(b), by dispensing gasoline that did not contain at least 2.7% oxygen by weight; PENALTY: $600; ENFORCEMENT COORDINATOR: Lawrence King, (512) 239-1405; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(5) COMPANY: FFP Marketing Company, Incorporated; DOCKET NUMBER: 1998-1496-AIR- E; IDENTIFIER: Air Account Number EE-1993-E; LOCATION: San Elizario, El Paso County, Texas; TYPE OF FACILITY: convenience store; RULE VIOLATED: 30 TAC §114.100(a) and the THSC, §382.085(b), for dispensing gasoline which did not contain at least 2.7% oxygen by weight; PENALTY: $600; ENFORCEMENT COORDINATOR: Lawrence King, (512) 239-1405; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(6) COMPANY: The City of Frisco and North Texas Municipal Water District; DOCKET NUMBER: 1998-0872-MWD-E; IDENTIFIER: Permit Number 10172-003; LOCATION: near Frisco, Denton County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10172-003 and the Code, §26.121, by allowing unauthorized discharges, failing to report any noncompliance, and failing to at all times properly operate and maintain all facilities and systems of treatment and control; 30 TAC §317.3(e)(5) and §317.4(a)(5), by failing to provide auxiliary power with automatic switch over capabilities; and 30 TAC §305.126, by failing to obtain the necessary authorization from the commission to commence construction of the necessary additional treatment and/or collection facilities when the daily average flow reached 90% of the permitted average daily flow for three consecutive months; PENALTY: $43,875; ENFORCEMENT COORDINATOR: Merrilee Gerberding, (512) 239-4490; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(7) COMPANY: Georgetown Independent School District and Georgetown Healthcare System, Inc.; DOCKET NUMBER: 1998-0599-EAQ-E; IDENTIFIER: Enforcement Identification Numbers 13123 and 12553; LOCATION: Georgetown, Williamson County, Texas; TYPE OF FACILITY: school district; RULE VIOLATED: 30 TAC §213.4(a), by failing to submit an Edwards Aquifer protection plan to the appropriate regional office for review and approval prior to the commencement of construction; PENALTY: $880; ENFORCEMENT COORDINATOR: Merrilee Gerberding, (512) 239-4490; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(8) COMPANY: The Goodyear Tire & Rubber Company; DOCKET NUMBER: 1998-0529-AIR- E; IDENTIFIER: Air Account Number HG-0288-M; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §116.115(c) and the Act, §382.085(b), by failing to operate the plant boiler within the maximum annual firing rate for organic heavies; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Matthew Kolodney, (713) 767-3752 ; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: Gulf Electroquip, Ltd.; DOCKET NUMBER: 1999-0003-AIR-E; IDENTIFIER: Air Account Number HG-2932-N; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: electric motor, generator, and transformer rebuilding and manufacturing plant; RULE VIOLATED: 30 TAC §115.421(a)(9)(A)(iii) and the Act, §382.085(b), by exceeding the volatile organic compound emission content limit of 3.5 pounds per gallon coating; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: Harris County Municipal Utility District No. 1; DOCKET NUMBER: 1999- 0080-MWD-E; IDENTIFIER: Permit Number 11630-001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 11630-001 and the Code, §26.121, by exceeding the daily average ammonia nitrogen permit limit of three milligrams per liter and individual grab sample permit limit of 5.7 pounds per day; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Merrilee Gerberding, (512) 239-4490; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: Health Jet Incorporated dba Chung's Gourmet Foods; DOCKET NUMBER: 1998-1509-AIR-E; IDENTIFIER: Air Account Number HG-7805-J; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: food preparation operation; RULE VIOLATED: 30 TAC §101.4 and the THSC, §382.085(a) and (b), by failing to control off-property offensive smoke, odor, and grease emissions; PENALTY: $5,040; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(12) COMPANY: Norman Sadik dba Hill Country Kitchen; DOCKET NUMBER: 1998-1134- PWS-E; IDENTIFIER: Public Water Supply Number 2270272; LOCATION: Spicewood, Travis County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(d)(2)(A)(ii), by failing to have the required minimum pressure tank capacity of 220 gallons; 30 TAC §290.41(c)(1)(F) and (3)(N), by failing to acquire a sanitary easement on all property within 150 feet of the well and by failing to install a flow meter on the well pump discharge line; 30 TAC §290.106(a) and the Code, §341.033(d), by failing the take the required routine bacteriological sample; and 30 TAC §290.51 and the Code, §341.041, by failing to pay the public health service fees; PENALTY: $813; ENFORCEMENT COORDINATOR: Audra Baumgartner, (512) 239-1406; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(13) COMPANY: Lobo Pipeline Company, A Wholly Owned Subsidiary of Conoco Incorporated; DOCKET NUMBER: 1999-0314-AIR-E; IDENTIFIER: Air Account Number ZA-0009-O; LOCATION: Zapata, Zapata County, Texas; TYPE OF FACILITY: compressor station; RULE VIOLATED: 30 TAC §116.115(c) and the THSC, §382.085(b), by failing to conduct fugitive emissions monitoring as required by Permit Number 21939, exceeding air permit emissions limits for nitrogen oxides and carbon monoxide, and failing to conduct quarterly monitoring as required by permit; and 30 TAC §§320.21, 335.323, 334.21, 305.503, the Code, §26.0135(h) and (d), and §26.358(d), and the THSC, §361.134, by failing to pay the water quality assessment fee, hazardous waste generator fee, underground storage tank fee, and wastewater treatment fee; PENALTY: $28,125; ENFORCEMENT COORDINATOR: Carol Dye, (512) 239-1504; REGIONAL OFFICE: 1403 Seymour, Suite 2, Laredo, Texas 78040-8752, (956) 791-6611.

(14) COMPANY: Edgar McNeal; DOCKET NUMBER: 1998-1381-OSI-E; IDENTIFIER: Enforcement Identification Number 12214; LOCATION: Gilmer, Upshur County, Texas; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: 30 TAC §285.58(a)(3) and the THSC, §366.051(c), by failing to obtain proof of a permit and approved plan from the authorized agent before beginning construction; and the THSC, §366.054, by failing to notify the authorized agent of the date on which he planned to begin work on the facilities; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Merrilee Gerberding, (512) 239-4490; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(15) COMPANY: The City of Nome; DOCKET NUMBER: 1998-0933-MWD-E; IDENTIFIER: Enforcement Identification Number 8629; LOCATION: Nome, Jefferson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: The Code, §26.121, by failing to comply with the terms and conditions of the agreed order; and Permit Number 11564-001, by failing to comply with the five-day biochemcial oxygen demand daily average concentration and daily average loading permit limits and the total suspended solids daily average loading and daily average flow permit limits; PENALTY: $12,250; ENFORCEMENT COORDINATOR: Pam Campbell, (512) 239-4493; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(16) COMPANY: Parker Trailer Sales, Incorporated; DOCKET NUMBER: 1999-0047-AIR-E; IDENTIFIER: Air Account Number TF-0060-P; LOCATION: Mount Pleasant, Titus County, Texas; TYPE OF FACILITY: utility trailer manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c) and the THSC, §382.085(b), by exceeding its permitted volatile organic compound emission rate and permitted operating schedule of five days per week and 1,880 hours per year; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(17) COMPANY: Porter Manufacturing Corporation; DOCKET NUMBER: 1999-0344-IHW-E; IDENTIFIER: Solid Waste Registration Number 83771; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: metal machining, fabrication, and painting contractor; RULE VIOLATED: 30 TAC §335.62 and 40 Code of Federal Regulations (CFR) §262.11, by failing to perform a hazardous waste determination on grit trap waste generated from the sump; 30 TAC §335.6, by failing to notify the TNRCC of the distillation unit, the container storage area located next to the paint booth, the grit trap waste generated from the sump, and its hazardous waste recycling activities; 30 TAC §335.9, by failing to maintain records of all hazardous waste and industrial solid waste activities; 30 TAC §335.69 and 40 CFR §262.34, by failing to properly mark containers located at the satellite accumulation area as "hazardous waste" or properly identify their contents, keep the container closed except during emptying and filling, maintain spill control and decontamination equipment, attempt to reach agreements with emergency response contractors and equipment suppliers, post the emergency coordinator, locations of emergency equipment, and the fire department phone number next to the facility's telephones, and train its employees with proper waste handling and emergency procedures; and 30 TAC §335.474, by failing to prepare a source reduction and waste minimization plan and by failing to submit the executive summary; PENALTY: $3,250; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(18) COMPANY: Primestore, Inc.; DOCKET NUMBER: 1998-1516-EAQ-E; IDENTIFIER: Edwards Aquifer Protection Plan Number 98072001; LOCATION: Georgetown, Williamson County, Texas; TYPE OF FACILITY: pest control; RULE VIOLATED: 30 TAC §213.4(a), by alleging to have initiated construction prior to receiving approval of an Edwards Aquifer protection plan; PENALTY: $800; ENFORCEMENT COORDINATOR: Patrick Hudson, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(19) COMPANY: Producers Cooperative Elevator; DOCKET NUMBER: 1999-0008-AIR-E; IDENTIFIER: Air Account Number FE-0058-S; LOCATION: Floydada, Floyd County, Texas; TYPE OF FACILITY: grain elevator; RULE VIOLATED: 30 TAC §101.4 and the Act, §382.085(a) and (b), by emitting into the atmosphere anhydrous ammonia in such concentration and duration as to create a nuisance odor; and 30 TAC §116.110(a) and the Act, §382.0518(a) and §382.085(b), by failing to obtain a permit to construct prior to the modification of the existing facility; PENALTY: $9,000; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(20) COMPANY: Reliant Energy Entex; DOCKET NUMBER: 1999-0056-MSW-E; IDENTIFIER: Enforcement Identification Number 13234; LOCATION: Rosenberg, Fort Bend County, Texas; TYPE OF FACILITY: municipal solid waste; RULE VIOLATED: 30 TAC §330.4(b) and §335.2(b), by failing to transport waste to a permitted facility; PENALTY: $1,440; ENFORCEMENT COORDINATOR: J. Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(21) COMPANY: Mr. Sid Jones dba Sid's Food Store; DOCKET NUMBER: 1999-0006-PST-E; IDENTIFIER: Petroleum Storage Tank Identification Number 0015149; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: gasoline dispensing station; RULE VIOLATED: 30 TAC §115.242(3) and the THSC, §382.085(b), by failing to maintain all required components and configuration of the Stage II system consistent with the California Air Resources Board Executive Order; and 30 TAC §115.245(1) and (2), and the THSC, §382.085(b), by failing to perform and maintain a record of the initial compliance test and the annual pressure decay test; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Frank Muser, (512) 239-6951; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(22) COMPANY: St. Andrews Episcopal School; DOCKET NUMBER: 1999-0261-EAQ-E; IDENTIFIER: Edwards Aquifer Protection Plan Number 97102801; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: high school; RULE VIOLATED: 30 TAC §213.5(f)(2), by failing to immediately notify the Austin regional office of a sensitive feature encountered during construction and by proceeding with cave closure prior to receiving written approval of the closure plan; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Patricia Reeh, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(23) COMPANY: United Parcel Service, Incorporated; DOCKET NUMBER: 1998-1499-AIR-E; IDENTIFIER: Air Account Number EE-1201-B; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: parcel delivery service; RULE VIOLATED: 30 TAC §114.100(a) and the THSC, §382.085(b), by dispensing gasoline that did not have an oxygen content of at least 2.7% by weight; PENALTY: $720; ENFORCEMENT COORDINATOR: Lawrence King, (512) 239-1405; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(24) COMPANY: Steve Elliston dba University Park Mobile Home Park; DOCKET NUMBER: 1998-1448-PWS-E; IDENTIFIER: Public Water Supply Number 1840104; LOCATION: Weatherford, Parker County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106(a)(1), (b), and (e), and the Code, §341.033(d), by failing to take routine bacteriological samples, take repeat bacteriological samples, and perform public notice; and 30 TAC §290.105, by exceeding the maximum contaminant level for total coliform; PENALTY: $1,563; ENFORCEMENT COORDINATOR: Audra Baumgartner, (512) 239-1406; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(25) COMPANY: Village Farms of Delaware, L.L.C dba Village Farms of Texas; DOCKET NUMBER: 1998-1372-PWS-E; IDENTIFIER: Public Water Supply Number 1220012; LOCATION: Fort Davis, Jeff Davis County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(e), (f)(2)(B), and (t), by failing to employ a certified water works operator, conduct the required monitoring and testing for chlorine residual in the distribution system, and repair a leaking water valve located near the service pumps; 30 TAC §290.106(a)(1) and the Code, §34.033(d), by failing to collect the required bacteriological samples; 30 TAC §290.41(c)(1)(F) and (3)(M), by failing to obtain a sanitary easement and by failing to provide a suitable sampling tap on the well discharge to facilitate the collection of samples for chemical and bacteriological analysis; and 30 TAC §290.43(c), by failing to provide the ground storage tank with a properly designed overflow pipe; PENALTY: $2,625; ENFORCEMENT COORDINATOR: Clint Pruett, (512) 239-2042; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(26) COMPANY: City of Waco; DOCKET NUMBER: 1998-1494-IHW-E; IDENTIFIER: Public Water Supply Number 1550008; LOCATION: Waco, McLennan County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §327.3(b), by failing to notify within 24 hours after discovery of a spill of greater than 100 pounds of a hazardous substance; and 30 TAC §337.5(a) and the Code, §26.121, by failing to immediately abate and contain a spill of a hazardous substance; PENALTY: $3,500; ENFORCEMENT COORDINATOR: J. Mac Vilas, (512) 239-2557; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(27) COMPANY: Weatherford Holding U.S., Inc.; DOCKET NUMBER: 1998-0970-MWD-E; IDENTIFIER: Permit Number 12522-001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 12522-001 and the Code, §26.121, by failing to submit a permit renewal application; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-9904213

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: July 13, 1999

Notice of Public Hearing (Beaumont/Port Arthur SIP)

Notice is hereby given that pursuant to the requirements of the Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102, of the United States Environmental Protection Agency (EPA) regulations concerning State Implementation Plans (SIP), the Texas Natural Resource Conservation Commission (commission) will conduct a public hearing to receive testimony regarding revisions to 30 TAC Chapters 115 and 117, and to the SIP concerning the Beaumont/Port Arthur (BPA) Attainment Demonstration SIP and accompanying rules.

As a moderate ozone attainment area, BPA was required to attain the one-hour ozone standard by November 15, 1996. The BPA area did not attain the standard by that date, and also will not attain the standard by November 15, 1999, the attainment date for serious areas. EPA is charged under the Federal Clean Air Act Amendments of 1990 to take appropriate action, including reclassification of the area to the next higher nonattainment classification ("bump-up") in such cases. However, under EPA's transport guidance, the attainment date may be extended without bumping up the area. If EPA approved such a determination for BPA, the area would have until no later than November 15, 2007, the attainment date for Houston/Galveston (HGA), to attain the one-hour ozone standard. This SIP revision, and accompanying rules, is aimed at satisfying EPA's requirements for extension of the BPA attainment date.

The proposed amendments to Chapter 115 would ensure the implementation of reasonably available control technology for major volatile organic compound sources in the BPA ozone nonattainment area. The revisions also reorganize and modify portions of the existing Chapter 115 industrial wastewater rules which apply in the Dallas/Fort Worth (DFW), El Paso, and HGA ozone nonattainment areas.

The proposed amendments to Chapter 117 would set emission limits, a compliance schedule, and requirements for operating, testing, recordkeeping, and reporting for stationary gas-fired, lean-burn engines in the BPA ozone nonattainment area. The proposed changes would also eliminate the requirement to operate wood-fired boilers with flue gas sensor-based trim; add an option to monitor exhaust flow instead of fuel flow; and clarify several requirements and rule references applicable to major existing sources of nitrogen oxides (NO x ) in the BPA, DFW, and HGA ozone nonattainment areas.

The proposed revisions to the SIP concerning the BPA ozone nonattainment area would provide the results of photochemical modeling for attaining the one-hour ozone standard in BPA. The proposed SIP would contain the following elements: photochemical modeling showing transport of ozone from the HGA area to the BPA area, as well as ozone produced locally from sources in the BPA area; documentation of 24% Rate-of-Progress reductions of volatile organic compounds and NO x in the BPA area, for the period 1999-2007, and a commitment by the state to adopt more stringent NO x rules by March 2000 to attain the one-hour ozone standard in the BPA area.

A public hearing on the proposed BPA SIP and accompanying rule revisions will be held in Beaumont on August 9, 1999, at 5:30 p.m. at the John Gray Institute, located at 855 Florida Avenue. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, agency staff members will be available to discuss the proposal 30 minutes prior to each hearing and will answer questions before and after the hearing.

Written comments should be mailed to Lisa Martin, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., August 16, 1999, and should reference Rule Log Numbers 99018-SIP-AI, 99019-115-AI, and 99020-117-AI. For further information on the proposed revisions, please contact one of the following Strategic Assessment Section staff members: Mike Magee (BPA Attainment SIP), (512) 239-1511; Eddie Mack (Chapter 115 revisions), (512) 239-1488; or Randy Hamilton (Chapter 117 revisions), (512) 239-1512. Copies of the proposed rules and SIP revisions can be obtained from the commission's Web Site at www.tnrcc.state.tx.us/oprd/rules/propadop.html, or by calling Ms. Martin at (512) 239-1966.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible.

TRD-9904234

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 14, 1999

Notice of Water Quality Applications

The following notices were issued during the period of June 7, 1999 through July 12, 1999.

The following require the applicants to publish notice in the newspaper. The public comment period, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

ACME BRICK COMPANY has applied for a National Pollutant Discharge Elimination System (NPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 03837. The draft permit authorizes the discharge of mine pit water and storm water runoff for Outfall 001 and 002. The plant site is located approximately one half (1/2) mile west of Farm-to-Market Road 2181 on Hickory Creek Road in the city of Denton, Denton County, Texas.

ACME BRICK COMPANY has applied for a National Pollutant Discharge Elimination System (NPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 03838. The draft permit authorizes the discharge of mine pit water and storm water runoff on an intermittent and flow variable basis via Outfall 001 and 002. The plant site is located at 220 Daniels Street, adjacent to the east side of U.S. Highway 377, approximately one (1) mile south of the intersection of U.S. Highway 377 and Interstate Highway 35E in the City of Denton in Denton County, Texas.

ACME BRICK COMPANY has applied for a National Pollutant Discharge Elimination System (NPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 03840. The draft permit authorizes the discharge of mine pit water and storm water runoff on an intermittent and flow variable basis via Outfall 001. The plant site is located adjacent to the north side of Farm-to-Market Road (FM) 2181 and approximately 1.7 miles west of the intersection of FM 2181 and Interstate Highway 35E near the City of Corinth in Denton County, Texas.

AIR PRODUCTS INCORPORATED has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TNRCC Permit Number 02382, which authorizes the discharge of utility wastewater and storm water on an intermittent and flow variable basis via Outfall 001, and utility wastewater and storm water on an intermittent and flow variable basis via Outfall 002. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit Number TX0084581 issued on August 15, 1986 and TNRCC Permit Number 02382. The applicant operates a plant which manufactures organic and inorganic chemicals. The plant site is located at 1423 State Highway 225, on the northeast corner of Red Bluff Road and State Highway 225 in the City of Pasadena, Harris County, Texas.

CITY OF ALAMO has applied for a renewal of TNRCC Permit Number 13633-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 2,000,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The plant site is located approximately 14,000 feet south along South Tower Road from the intersection of Tower Road and U.S. 83 Business Highway or approximately 17,000 feet south from the intersection of South Tower Road with U.S. 83 Expressway in Hidalgo County, Texas.

CITY OF ANGUS has applied for a renewal of TNRCC Permit Number 11864-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 12,000 gallons per day. The plant site is located adjacent to Interstate Highway 45 approximately 2,000 feet north of its intersection with Farm-to-Market Road 739 in the north central portion of the City of Angus in Navarro County, Texas.

CITY OF ANNONA has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 10863-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 58,000 gallons per day. The plant site is located south of the City of Annona, approximately 1,500 feet east and 4,400 feet south of the intersection of U.S. Highway 82 and Farm-to- Market Road 44 in Red River County, Texas.

CITY OF BALLINGER has applied for a major amendment to Permit Number 10325-003, to authorize a change in the manner of treated effluent disposal from discharge to a receiving stream to land disposal by irrigation. The proposed amendment requests to dispose treated domestic wastewater at a daily average flow not to exceed 375,000 gallons per day via irrigation of 160 acres of land. The current permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 480,000 gallons per day. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal site are located 3,000 feet southeast of the crossing of U.S. Highway 67 and Elm Creek and 4,000 feet east of the intersection of U.S. Highways 67 and 83 near the Courthouse in the City of Ballinger in Runnels County, Texas.

CITY OF BARTLETT has applied for a renewal of TNRCC Permit Number 10880-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 325,000 gallons per day. The plant site is located approximately 0.5 mile northeast of the intersection of State Highway 95 and Farm- to-Market Road 487 in the City of Bartlett in Bell County, Texas.

BASTROP COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT Number 3 has applied for a renewal of TNRCC Permit Number 12963-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 85,000 gallons per day. The plant site is located approximately 400 feet north of Pearce Lane, 6 miles north of the intersection of Pearce Lane and State Highway 21 and 18 miles west of the City of Bastrop in Bastrop County, Texas.

CITY OF BEEVILLE has applied for a renewal of TNRCC Permit Number 10124-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 3,000,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 3,000,000 gallons per day. The plant site is located adjacent to Poesta Creek; east of the U.S. Highway 181 Bypass, north of State Highway 202, south-southeast of the City of Beeville in Bee County, Texas.

BRIARWOOD LUTHERAN MINISTRIES has applied for a renewal of TNRCC Permit Number 12605- 001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 3,000 gallons per day. The plant site is located on Copper Canyon Road approximately one mile north of the intersection of Farm-to-Market Road 407 and Copper Canyon Road in Denton County, Texas.

CHAPEL HILL INDEPENDENT SCHOOL DISTRICT has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 13821-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 32,000 gallons per day. The plant site is located approximately 1,300 feet east of the intersection of Farm-to-Market Road 1735 and County Road SE-18 in Titus County, Texas.

COASTAL CHEMICAL CO., L.L.C. has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 03483. The draft permit authorizes the discharge of stormwater on an intermittent and flow variable basis via Outfall 001. The plant site is located on the north side of Pasadena Boulevard, approximately 11,500 feet south-southwest of the intersection of State Highway 225 and East Belt Drive in Harris County, Texas.

CONROE INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TNRCC Permit Number 12205-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day. The plant site is located approximately 2,000 feet northwest of the intersection of Farm-to-Market Road 1314 and Bennette Estates Road in Montgomery County, Texas.

CORPUS CHRISTI PEOPLES BAPTIST CHURCH, INC. has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 11134-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The plant site is located approximately one mile west of the intersection of Farm-to-Market Road 665 and Farm-to-Market Road 763 and south of Farm-to-Market Road 665 in Nueces County, Texas.

COVE INVESTMENTS, INC. has applied for renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit Number TX0085961 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 11109-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 6,000 gallons per day. The plant site is located approximately 0.8 of a mile northeast of the intersection of Farm-to-Market Road 3180 and Farm-to-Market Road 565, and 1.6 miles south-southeast of the intersection of Farm-to-Market Road 3180 and Interstate Highway 10 in Chambers County, Texas.

CITY OF DALLAS has applied for a renewal of TNRCC Permit Number 10060-003, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 15,000,000 gallons per day. The plant site is located approximately 300 yards east of Lawson Road and approximately 200 yards south of Scyene Road at the Kaufman/Dallas County line in Kaufman County, Texas.

CWS DESSAU ASSOCIATES has applied for a renewal of TNRCC Permit Number 12733-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 450,000 gallons per day. The applicant is requesting to decrease the discharge of treated domestic wastewater from a daily average flow not to exceed 450,000 gallons per day to a daily average flow not to exceed 150,000 gallons per day. The plant site is located on the north side of and adjacent to Dessau Lane, at a point approximately 1.3 miles east of Interstate Highway 35 in Travis County, Texas.

CITY OF DETROIT, has applied for renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit Number TX0055581 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 10724-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 108,000 gallons per day. The plant site is located approximately 1200 feet south of U.S. Highway 82, approximately one mile southeast of the intersection of U.S. Highway 82 and Farm-to-Market Road 2573 in Red River County, Texas.

EXXON PIPELINE COMPANY has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 02058. The draft permit authorizes the discharge of stormwater on an intermittent and flow variable basis via Outfall 001. The applicant operates a petroleum products storage and transportation facility. The plant site is located at 3403 Pasadena Freeway in the City of Pasadena in Harris County, Texas.

CITY OF FATE has applied for a renewal of TNRCC Permit Number 11077-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 74,000 gallons per day. The plant site is located immediately southeast of the intersection of State Highway 66 and Ivywood Lane in the City of Fate in Rockwell County, Texas

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT Number 23 has applied for a National Pollutant Discharge Elimination System (NPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 11999-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The plant site is located north of Rabb Road approximately 1.4 miles west of the intersection with Farm-to- Market Road 521, north of Arcola in Fort Bend County, Texas.

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT Number 37 has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 12370-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 175,000 gallons per day. The plant site is located approximately 1,600 feet southwest of Green-Busch Road and approximately 2,700 feet southeast of Crossover Road in Fort Bend County, Texas.

GARFIELD PARTNERS, L.P. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit Number 14036-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day. The plant site is located approximately 0.75 south of State Highway 71 and approximately 0.8 mile east of the intersection of State Highway 71 and State Highway 183 in Travis County, Texas.

GENERAL AMERICAN TRANSPORTATION CORPORATION, 500 West Monroe, Chicago, Illinois 60661, has applied for a major amendment of Permit Number 03494 to authorize the disposal of treated groundwater via irrigation of 6.5 acres of land at a flow not to exceed 65,000 gallons for any 24-hour period. The current permit authorizes the discharge or treated groundwater at a daily average flow not to exceed 220,000 gallons per day via Outfall 001. The applicant operates a railroad tank car maintenance and repair facility. This permit will not authorize a discharge of pollutants into waters in the State. The plant site is located on the eastern side of U.S. Highway 79, approximately 1.25 miles south west of the intersection of U.S. Highways 79 and 190 in the city of Hearne, Robertson County, Texas.

AMBROSE GERNER, JR., has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit Number 14067-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day. The plant site is located approximately 1,500 feet southeast of the intersection of Crabb River Road and Highway 59 in Fort Bend County, Texas.

GRAND LAKES MUNICIPAL UTILITY DISTRICT Number 4 has applied for a renewal of TNRCC Permit Number 13245-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 1,000,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 900,000 gallons per day. The plant site is located approximately 1,100 feet west-northwest of the intersection of Farm-to-Market Road 1093 and Mason Road in Fort Bend County, Texas.

CITY OF GROVETON has applied for a renewal of TNRCC Permit Number 10556-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 220,000 gallons per day. The plant site is located southeast of the City of Groveton on Coleto Road adjacent to Kickapoo Creek in Trinity County, Texas.

HARRIS COUNTY has applied for a renewal of TNRCC Permit Number 10932-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 42,000 gallons per day. The plant site is located within Bear Creek Park, approximately 3 miles northeast of the intersection of Interstate Highway 10 and State Highway 6 in Harris County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT Number 36 has applied for a renewal of TNRCC Permit Number 12239-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 990,000 gallons per day. The plant site is located adjacent to Lateral H of Turkey Creek; approximately 2.2 miles south and 1.2 miles east of the intersection of Farm-to-Market Road 1960 and Interstate Highway 45 in Harris County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT Number 130 has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TNRCC Permit Number 12574-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The plant site is located approximately 0.5 mile south of U.S. Highway 290 and approximately one mile east of Jack Rabbit Road in Harris County, Texas.

CITY OF HOLLIDAY, P.O. Box 508, Holliday, Texas 76366, has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 13768-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The plant site is located approximately one mile northeast of the center of the City of Holliday on the north extension of College Street, approximately 1/4 mile north of U.S. Highways 82 and 277 in Archer County, Texas.

HUDSON PRODUCTS CORPORATION has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 03985. The draft permit authorizes the discharge of domestic wastewater, process wastewater, utility wastewater, and storm water runoff at a daily average flow not to exceed 36,000 gallons per day via Outfall 001, and treated domestic wastewater via Outfall 101. The plant site is located approximately 0.2 mile north of U.S. Highway 59 and approximately 1.3 miles west of State Highway 360, near the City of Beasley in Fort Bend County, Texas.

LUCE BAYOU PUBLIC UTILITY DISTRICT has applied for a renewal of TNRCC Permit Number 11167-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 161,000 gallons per day. The plant site is located 3.5 miles north of the intersection of Farm-to- Market Road 1960 and Farm-to-Market Road 2100 at a point 2 miles north of Huffman in Harris County, Texas.

MAGNOLIA INDEPENDENT SCHOOL DISTRICT has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 12703-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 48,000 gallons per day. The plant site is located on the east side of Farm-to-Market Road 2978 at a point approximately 1.1 miles south of the intersection of Farm-to-Market Roads 1488 and 2978 in Montgomery County, Texas.

ALBERT M. MILLER has applied for renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit Number TX0069710 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 11750-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 38,000 gallons per day. The plant site is located approximately 0.75 miles southwest of the intersection of State Spur Number 158 and Interstate Highway 30, just south of Winfield in Titus County, Texas.

CITY OF MULLIN has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 13758-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 40,000 gallons per day. The plant site is located approximately 3100 feet south of the intersection of State Highway 183 and Farm-to-Market Road 573 and approximately 1900 feet east of the Farm-to-Market Road 573 in the City of Mullin in Mills County, Texas.

CITY OF NEW LONDON has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TNRCC Permit Number 12376-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The plant site is located one mile southeast of the intersection of State Highway 42 and Farm-to-Market Road 918 in Rusk County, Texas.

CITY OF NEWTON has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 10233-003. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 960,000 gallons per day. The plant site is located north of Caney Creek, approximately 7,000 feet southeast of the intersection of McMahon Street and Davidson Road in the City of Newton in Newton County, Texas.

NORTH ALAMO WATER SUPPLY CORPORATION has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 13747-004. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The plant site is located on an 80-acre tract, approximately 1.5 miles northwest of the intersection of Farm-to-Market Roads 88 and 2812 in Monte Alto in Hidalgo County, Texas

NORTH TEXAS MUNICIPAL WATER DISTRICT has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 11783-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The plant site is located in the City of Murphy adjacent to the Skyline Subdivision approximately 4,000 feet east and 6,000 feet south of the intersection of Farm-to-Market Road 544 and Farm-to-Market Road 2551 (Murphy Road) in Collin County, Texas

NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT Number 5 and Teb-Co Service, Inc. has applied for a major amendment to TNRCC Permit Number 11824-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 400,000 gallons per day to a daily average flow not to exceed 800,000 gallons per day. The plant site is located at 14950 Cypress Green Drive, approximately 0.5 mile east of the intersection of Spring Cypress Road and Telge Road in Harris County, Texas

TOWN OF OAK RIDGE has applied for a renewal of TNRCC Permit Number 13514-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 78,000 gallons per day. The plant site is located approximately 1700 feet south of U.S. Highway 82 and approximately 9800 feet west of Farm-to-Market Road 678 in Cooke County, Texas.

PINE TREE MOBILE HOME PARK LANDOWNERS ASSOCIATION has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 13036-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 42,000 gallons per day. The plant site is located approximately one mile west of the City of Keller and approximately one mile southwest of the intersection of Keller-Hicks Road and U.S. Highway 377 in Tarrant County, Texas.

CITY OF PITTSBURG has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 10250-002. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The plant site is located approximately 1.3 miles southeast of the intersection of Arch Davis Road and Lafayette Street in the southeast section of the City of Pittsburg in Camp County, Texas.

CITY OF PORT ARTHUR has applied for a renewal of TNRCC Permit Number 10364-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 9,200,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 9,200,000 gallons per day. The plant site is located at 6300 Proctor Street, approximately 0.2 mile east of the intersection of Proctor Street and Main Avenue, 3.3 miles northeast of the intersection of U.S. Highways 287/96/69 and State Highway 87 in Jefferson County, Texas.

PRAIRIE VIEW A&M UNIVERSITY has applied for a National Pollutant Discharge Elimination System (NPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 11275-002. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The plant site is located on the northwest section of Prairie View A&M University Campus, approximately 500 feet east of Farm-to- Market Road 1098 and 1.0 mile north of U.S. Highway 290 in Waller County, Texas.

REAGENT CHEMICAL & RESEARCH, INC., has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TNRCC Permit Number 02831, which authorizes the discharge of rinsewater, transfer pump seal water, and storm water. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit Number TX0100315 issued on and TNRCC Permit Number 02831. The applicant operates a hydrochloric acid bulk terminal.

RICHARD CLARK ENTERPRISES, L.L.C. has applied for a renewal of TNRCC Permit Number 12851- 001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day. The plant site is located northwest of the City of Tomball, approximately 2.3 miles southeast of the intersection of State Highway (SH) 249 and Farm-to-Market Road 1774, and approximately 600 feet west of the Decker Branch crossing of SH 249 in Montgomery County, Texas.

RICHFIELD INVESTMENT CORPORATION has applied for a renewal of TNRCC Permit Number 13614-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 610,000 gallons per day. The plant site is located approximately 1 mile northeast of State Highway 249, approximately 7,000 feet northwest of the Chicago Rock Island and Pacific and Missouri Pacific Railroad crossing, and approximately 4.5 miles northwest of the City of Tom Ball in Montgomery County, Texas.

RICHFIELD INVESTMENT CORPORATION has applied for a renewal of TNRCC Permit Number 13636-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 405,000 gallons per day. The plant site is located approximately 4500 feet southeast of the intersection of Wright Road and State Highway 249, within an area bounded by Wright Road on the west and by State Highway 249 on the east in Montgomery County, Texas.

RIO GRANDE VALLEY SUGAR GROWERS, INC. , has applied for a renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit Number TX0032905 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 01752. The draft permit authorizes the discharge of process wastewater, domestic wastewater, and stormwater at a daily average flow not to exceed 0.289 gallons per day via Outfall 001 and the disposal of partially treated wastewater via irrigation of 2000 acres. The applicant operates a raw sugar and molasses production facility. The plant site is located three miles west of the community of Santa Rosa on State Highway 107 in Hidalgo County, Texas.

SIENNA PLANTATION MUNICIPAL UTILITY DISTRICT Number 2 has applied for a renewal of TNRCC Permit Number 13854-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The plant site is located approximately 100 feet due south of the intersection of Missouri Pacific Railroad and Atchison Topeka and Santa Fe Railroad, and 2,000 feet due north of the confluence of Cow Bayou and Oyster Creek, adjacent on the west bank of Cow Bayou in Fort Bend County, Texas.

CITY OF SILSBEE has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TNRCC Permit Number 10282-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The plant site is located approximately 1700 feet north and 300 feet west of the intersection of Farm-to-Market Road 418 and Roosevelt Drive extension in Hardin County, Texas.

TEMPLE-INLAND FOREST PRODUCTS CORPORATION, P.O. Drawer N, Diboll, Texas 75941 has applied for a National Pollutant Discharge Elimination System (NPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 03492. The draft permit authorizes the discharge of commingled storm water and log wet deck water via Outfall 001 on an intermittent, flow variable basis. The plant site is located on County Road 23A, just south of the intersection with Highway 103, approximately 7 miles west northwest of the City of Lufkin in Angelina County, Texas.

THE TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION has applied for a renewal of TNRCC Permit Number 10717-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 450,000 gallons per day. The plant site is located approximately one mile west of the intersection of State Highway 171 and Farm-to-Market Road 2838, three miles northwest of the City of Mexia in Limestone County, Texas.

TEXAS DEPARTMENT OF TRANSPORTATION, P.O. Box 6868, Fort Worth, Texas 76115-0868, has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 12951-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 6,000 gallons per day. The plant site is located on the northbound right-of-way of Interstate Highway 35W, approximately 0.8 miles north of the intersection of Interstate Highway 35W and Farm-to-Market Road 917 in Johnson County, Texas.

TRINITY PINES CONFERENCE CENTER, INC. has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 12371-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day. The plant site is located approximately 1,500 feet west of Lake Livingston, and approximately 1,400 feet north of Farm-to-Market Road 356 in Trinity County, Texas.

CITY OF TROY has applied for a renewal of TNRCC Permit Number 11263-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 309,000 gallons per day. The plant site is located approximately 5500 feet north of the center of the City of Troy and lying between Interstate Highway 35 and the Missouri, Kansas and Texas Railroad in Bell County, Texas.

U. S. ARMY CORPS OF ENGINEERS has applied for a renewal of TNRCC Permit Number 12093-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 1,000 gallons per day. The plant site is located in the powerhouse within the Dam structure at Sam Rayburn Lake, approximately 5 miles northeast of the intersection of State Highway 63 and Farm-to-Market Road 255 in Jasper County, Texas.

WARREN INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TNRCC Permit Number 11308-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day. The plant site is located approximately 0.7 mile southwest of the intersection of U.S. Highway 69 and Farm-to-Market Road 1943 in Tyler County, Texas.

WILDWOOD PROPERTY OWNERS ASSOCIATION has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 11184-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 24,000 gallons per day. The plant site is located at the corner of Balsawood and Chestnut Streets in the community of Wildwood, approximately 0.25 mile south of Lake Kimble and approximately 2.5 miles west of the intersection of U.S. Highways 69 and 287 and Farm-to-Market Road 3063 in Hardin County, Texas.

WILKE LANE UTILITY COMPANY has applied for a renewal of TNRCC Permit Number 13019-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 2,100,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,100,000 gallons per day. The plant site is located approximately 0.5 mile northeast of the intersection of Pflugerville Loop and Wilke Lane, approximately 2 miles north of the Pflugerville central business district in Travis County, Texas

CITY OF ZAVALLA has applied for a Texas Pollutant Discharge Elimination System (TPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit Number 13871-001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 130,000 gallons per day. The plant site is located approximately 0.5 mile west and 1.0 mile south of the intersection of State Highways 69 and 63, and southwest of the City of Zavalla in Angelina County, Texas.

TRD-9904229

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 13, 1999

Notice of Water Rights Application

MICHAEL PAWELEK, 16400 Henderson Pass #913, San Antonio, TX 78232, applicant, seeks a permit to appropriate public water pursuant to §11.121, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §§295.1, et seq. Applicant is the owner of Certificate of Adjudication Number 19-1168 which includes authorization to divert and use not to exceed 30 acre-feet of water from 3 points on Cibolo Creek, tributary of the San Antonio River, in Karnes County, Texas. Applicant seeks authorization for a new appropriation of water to divert and use 350 acre-feet per year from Cibolo Creek, for irrigation on 191 acres of land within a 250 acre tract of land. The maximum diversion rate will be 1.11 cfs (500 gpm). Location of the diversion point is the same as one of the diversion points authorized under Certificate Number 19-1168, approximately 8 miles north from Karnes City, at Latitude 29ø North, Longitude 97.55ø West, bearing 12ø South and 1065 feet distance from the Northwest corner of the Lopez Survey, Abstract 181, Karnes County. Diversion will be directly from Cibolo Creek to the irrigated land, or from Cibolo Creek to an off-channel reservoir for temporary storage prior to irrigation. The off channel reservoir has a surface area of approximately 1 acre feet, and normally impounds approximately 5 acre feet. The off channel reservoir is located on the applicant's land approximately 1000 feet (distance) bearing East- Southeast of the diversion point. Evidence of ownership of the land to be irrigated has been provided by a copy of the deed describing the land tract in Volume 277, page 215 of the official records of Karnes County, Texas.

The CITY OF DENTON, 901-A Texas Street, Denton, Texas 76201, applicant, seeks a permit pursuant to §11.122, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §§ 295.1, et seq. Permit Number 5463 authorizes the applicant to construct and maintain the following reservoirs on Fletcher Branch, tributary of Hickory Creek, tributary of the Elm Fork Trinity River, tributary Trinity River, Trinity River Basin, Denton County, Texas for in-place recreational use: 1. Lake 1 (the downstream lake) with an impoundment of not to exceed 20 acre-feet per annum. 2. Lake 2 ( the middle lake) with an impoundment of not to exceed 100 acre-feet per annum. 3. Lake 3 (the upstream lake) with an impoundment of not to exceed 70 acre-feet per annum. Permit 5463 authorizes an amount not to exceed 51 acre-feet of water per annum to offset the average annual evaporation created by the reservoirs. The authorization to construct and maintain Lake 1 and Lake 3 expired because the applicant did not commence construction within the mandated time period. Lake 2 was constructed and impounds an amount not to exceed 28 acre-feet of water per annum. The applicant seeks authorization to expand Lake Number 2 (the middle lake), on Fletcher Branch, tributary of Hickory Creek, tributary of the Elm Fork Trinity River, tributary of the Trinity River, Trinity River Basin, Denton County, Texas, for in-place recreational use. The expanded reservoir will have a normal capacity of 54.5 acre-feet and a surface area of 7.9 acre-feet. The reservoir is located approximately 2 miles southeast of Denton, Texas and Station 0+00 on the center line of the dam is S 6.48ø W, 3850 feet from the northeast corner of C. Poullalier Original Survey, Abstract Number 1007, Denton County, Texas also being 33.171ø N Latitude and 97.122øW Longitude. The applicant also seeks authorization to construct and maintain Lake 3 (the upstream lake), on Fletcher Branch, tributary of Hickory Creek, tributary of the Elm Fork Trinity River, tributary of the Trinity River, Trinity River Basin, Denton County, Texas, for in-place recreational use. The reservoir will have a normal capacity of 31.4 acre-feet and a surface area of 4.4 acre-feet. The reservoir is located approximately 2 miles southeast of Denton, Texas and Station 0+00 on the center line of the dam is S 14.56ø W, 1760 feet from the northeast corner of the C. Poullalier Original Survey, Abstract Number 1007, Denton County, Texas also being 33.184ø N Latitude and 97.634ø W Longitude. Permit Number 5463 authorizes use of an amount not to exceed 51 acre-feet of water per annum to offset the average annual evaporation created by the reservoirs. The total capacity of the proposed reservoirs will be less than that authorized under Permit Number 5463, therefore, the proposed amendment will not result in use in excess of the previously permitted amount.

LA PALOMA, L.P., P.O. Box 9595, Amarillo, TX 79105, applicant, seeks a permit to appropriate public water pursuant to §11.121, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §§ 295.1, et seq. The applicant seeks authorization to construct and maintain a reservoir for in-place recreational use on an unnamed tributary of West Amarillo Creek, a tributary of the Canadian River, in Potter County. The reservoir will have a surface area of 2.91 acreas at normal maximum operating level. It will normally impound 13.54 acre feet of water which will be maintained with pumped ground water. No water will be diverted from the reservoir. Surface water drainage shall pass through the culverts at the dam. Ground water pumped in to the reservoir will be metered to control and account for the amount of ground water used. The dam will be located approximately 4.7 miles northwest of Potter County Courhouse in Amarillo. Station 8+20 on the centerline of the dam is Latitude 35.325ø North, Longitude 102.003ø West, and 57.397ø from North (bearing) East, and 2803 feet from the Southwest corner of the B.S. & F. Survey Abstract Number 135, Potter County, Texas. The proposed project is located on land owned by the applicant. Ownership of the land is evidenced by a Cash Warranty Deed dated November 20, 1997 and recorded in Vol 210, page 268 in the deeds records of Potter County, Texas.

Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. 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 TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this 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) 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 any proposed conditions to the requested amendment which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TNRCC Office of the Chief Clerk at the address provided in the information section below. If a hearing request is filed, the Executive Director will not issue the requested amendment and may forward the application and hearing request to the TNRCC 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, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103 at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-9904231

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 13, 1999

Proposal for Decision

The State Office Administrative Hearing has issued a Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on July 6, 1999 on Executive Director of the Texas Natural Resource Conservation Commission, Petitioner, vs. Jim Wyland, Respondent; SOAH Docket Number 582-98- 2173; TNRCC Docket Number 98-0206-OSI-E; In the matter to be considered by the Texas natural Resource Conservation Commission on a date and time to be determined by the Chief Clerk's Office in Room 201S of Building E, 12118 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to comment on Proposal for Decision and Order. Comment period will end 30 days from date of publication. If you have any questions or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512) 239-3317.

TRD-9904226

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: July 13, 1999

Public Notices

The Executive Director of the Texas Natural Resource Conservation Commission (TNRCC) has issued a public notice of the proposed non-residential future land use for the Permian Chemical Company Proposed State Superfund Site, located at 325 Pronto Road, Odessa, Ector County, Texas. The TNRCC is proposing a non-residential (industrial) future land use for consideration in implementing the human health risk assessment, the ecological risk assessment and the feasibility study for this site.

Determination of future land use will impact the remedial action proposed for the site. Consequently, the TNRCC will hold a public meeting to obtain comments on the proposed future land use before completing the remedial investigation and evaluating remedial actions for the site. The public meeting will be held at the Ector County Courthouse, Commissioner Court Room, Ector County Administration Building, 1010 East Eight Street, Odessa, Texas on August 30, 1999, beginning at 7:00 p.m. This public meeting will not be a contested hearing under the Administrative Procedure Act (Texas Government Code, Chapter 2001). Once the subject meeting is held and future land use has been determined, a human health risk evaluation, ecological risk assessment, and a feasibility study, or similar study, will be performed to evaluate various remedial action proposals. The TNRCC will then propose a selected remedy and hold another public meeting pursuant to the Texas Health and Safety Code, Chapter 381.187.

The Permian Chemical site was proposed for listing on the state Superfund registry in the July 16, 1993, issue of the Texas Register (18 TexReg 4709). The Site is located southeast of Odessa, approximately 0.9 miles East of Loop 338, between Texas Highway 80 and Interstate Highway 20 East. Operations on the site consisted of the manufacture hydrochloric acid and potassium sulfate fertilizer by reacting sulfuric acid and potassium chloride. A TNRCC Phase I Remedial Investigation indicated elevated levels of hazardous substances (metals) in soils, and elevated levels of hazardous substances (organic compounds) in ground water at the site. The TNRCC has proposed a non-residential (industrial) future land use determination for consideration in implementing future actions at the site.

All persons desiring to make comments may do so prior to or at the public meeting. All comments submitted prior to the public meeting should be sent in writing to Carol Boucher, TNRCC Project Manager, Superfund Cleanup Section, MC-143, P.O. Box 13087, Austin, Texas 78711-3087. A portion of the public records for this site are available for public review during regular business hours at the Ector County Public Library, 321 W. Fifth Street, Odessa, Texas 79761, (915) 333-9633, or at the TNRCC, 12100 Park 35 Circle, Building D, Austin, Texas 78753, (512) 239-2920. Copying of file information is subject to the payment of a fee. For further information, please call (800) 633- 9363 (within Texas only) or (512) 239-3844.

TRD-9904256

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 14, 1999

The Executive Director of the Texas Natural Resource Conservation Commission (TNRCC) has issued a public notice of the determination of the proposed non-residential future land use for the Phipps Plating State Superfund Site, located at 301-305 E. Grayson Street, in San Antonio, Bexar County, Texas.

Determination of future land use will impact the remedial action proposed for the site. Consequently, the TNRCC will hold a public meeting to obtain comments on the proposed future land use, before selecting any remedial action for the site. The public meeting will be held at Hawthorne Elementary school 115 W. Josephine Street in San Antonio, Texas, on Tuesday, August 24, 1999, at 7:00 p.m.. This public meeting will not be a contested case hearing under the Administrative Procedure Act, Texas Government Code, Chapter 2001).

The Phipps Plating site was placed on the State Superfund list on July 22, 1997, as announced in the Texas Register (22 TexReg 6898). The site is located at 301-305 Grayson Street, in San Antonio, Bexar County, Texas. The company had operated since 1968 electroplating metal parts and fixtures. The site is approximately .5 acre in size and, prior to a removal action conducted in 1998 and 1999, consisted of one two-story building. The first floor of the building had two plating rooms which contained plating baths for brass, copper, nickel, chromium, and gold . Some of the plating process involved cyanide compounds. On August 2, 1993, TNRCC removed sludge and liquid wastes from the sumps in the building and secured the building. In December 1998, a second removal action was conducted at the site to demolish the building and remove all contaminated debris and soil from the site. In May 1999, TNRCC initiated an investigation of groundwater and offsite soils to determine if contamination has migrated to these media. Because the properties immediately adjacent to the site are being used for non-residential purposes, TNRCC is proposing a non-residential land use for the Phipps Plating site.

All persons desiring to make comments regarding the proposed land use may do so prior to or at the public meeting. All comments submitted prior to the public meeting should be sent in writing to Glenda Champagne, TNRCC Project Manager, Remediation Division, MC-143, P.O. Box 13087, Austin, Texas 78711-3087. A portion of the records for this site are available for public review during regular business hours at the San Antonio Central Library, 600 Soledad Street, San Antonio, Texas 78205, 210-207-2500, or at the TNRCC, 12100 Park 35 Circle, Building D, Austin, Texas 78753, (512) 239-2920. Copying of file information is subject to payment of a copying fees. For further information, please call (800) 633-9363 (within Texas calls only).

TRD-9904255

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 14, 1999

Public Notice-Notice of Proposed Selection of Remedy

The Executive Director of the Texas Natural Resource Conservation Commission (TNRCC or Commission) is issuing this public notice of a proposed selection of remedy for the Tricon state Superfund site. In accordance with 30 Texas Administrative Code (TAC) §335.349(a) concerning requirements for the remedial action, and the Texas Health and Safety Code, Chapter 361.187 of the Solid Waste Disposal Act concerning the proposed remedial action, a public meeting regarding the TNRCC's selection of a proposed remedy for the Tricon America, Inc. state Superfund site shall be held. The statute requires that the Commission shall publish notice of the meeting in the Texas Register and in a newspaper of general circulation in the county in which the facility is located at least 30 days before the date of the public meeting. This notice was also published in the Crowley Star Review on Thursday, July 22, 1999.

The public meeting is scheduled at the Crowley City Hall, 120 North Hampton, Crowley, Texas, on Thursday, August 26, 1999, 7:00 p.m.. The public meeting will be legislative in nature and is not a contested case hearing under the Texas Government Code, 2001.

The site for which a remedy is being proposed, the Tricon America, Inc. state Superfund site, was proposed for listing on the state registry of Superfund sites in the July 26, 1991, edition of the Texas Register (16 TexReg 4102-4103).

The Tricon site occupies approximately five acres at 101 East Hampton Road within the city limits of Crowley, Tarrant County, Texas. The property has been used as an aluminum and zinc smelting and casting operation, for the production of concrete buildings, and as a facility to assemble fiberglass buildings. An ash pile from the smelting and casting operation is the area of concern. Cadmium, chromium and lead are the major contaminants of concerns on the site.

In April 1990, the U. S. Environmental Protection Agency (EPA) conduced an emergency action to consolidate the majority of ash on the edge of a cliff on the north end of the facility. The pile was stabilized by spraying with a tar-like sealant. In November 1990, the EPA acted to further limit exposure that the contaminants might pose by capping the ash pile with a 40 mil plastic liner and covering it with Triloc concrete blocks. The EPA also fenced the site to restrict unauthorized access, and warning signs were posted on the fence.

In March 1997, a Remedial Investigation was completed for the Tricon site to determine the nature and extent of the contamination. A Focused Feasibility Study conducted in September 1998, identified and evaluated remedial alternatives for the site. A geotechnical investigation was conducted from December 1998 to March 1999, to evaluate the slope stability of the Triloc cap area. The geotechnical investigation found the slope to be stable. Additional sampling was performed in December 1998 to define the extent of contamination in surface and shallow subsurface soils on the Tricon facility and Deer Creek flood plain. During this additional sampling, no contaminated soil was located in the Deer Creek flood plain and no further action for this area is planned.

A Supplemental Focused Feasibility Study, dated June 1999, identified and evaluated additional remedies for the Tricon site. Based on the TNRCC's Presumptive Remedies Guidance for Soils at Texas State Superfund Sites (publication number RG-227, April 1997) four alternatives were developed for soil contamination and five alternatives were developed for the Triloc cap area. Based on the calculated volume of the waste ash and contaminated soil at the Tricon America, Inc. state Superfund site, the recommended remedial alternative is on-site containment. This on-site containment will be achieved by the following:

(1) Excavation of approximately 130 cubic yards of soil containing metal concentrations exceeding the Preliminary Remediation Goals (PRG) on the Tricon facility, and moving the excavated soils to the upper (southern) end of the Triloc cap area. This excavated material will be contained on-site during the final remediation of the Triloc cap area. This removal action was completed in July 1999, and a fence was installed separating the clean Tricon facility from the Triloc cap area.

(2) Cap repair and installation of a french drain at the Triloc cap area. The existing areas of material expansion under the Triloc cap will be repaired by removing the Triloc blocks followed by cutting and pulling back the plastic liner. The excess material will be removed to establish a smooth slope. The liner will be placed back over the exposed soil, heat welded and the Triloc blocks replaced. The excess material will be placed over the southern end of the Triloc cap area along with the excavated soil from the Tricon facility. A french drain will be constructed along the southern edge of the Triloc cap area to intercept and collect surface water run-off and divert it away from the waste material under the cap. The uncapped area south of the Triloc cap area which will contain the excavated soil and the excess material will be graded to construct a reverse slope toward the french drain and will be covered with a geo-membrane liner. The plastic geo-membrane will be covered with top soil and a vegetative cover.

The on-site containment area will be fenced, signs will be posted, and a record will be placed in the deed for the property. The existing monitor wells will be sampled and analyzed at a regular intervals to monitor any impact of the capped waste on the ground water. The site will be maintained. This recommended remedial alternative is the most cost effective, reasonable and appropriate remedy for this site. The TNRCC has prepared the Proposed Remedial Action Document for the site. This document presents the proposed remedy and justification for how this remedy demonstrates compliance with the relevant cleanup standards.

Persons desiring to make comments on the proposed remedial action or the identification of potentially responsible parties may do so at the meeting or in writing prior to the public meeting. Written comments may be submitted to Subhash Pal, P. E., TNRCC Project Manager, Remediation Division, MC 143, P.O. Box 13087, Austin, Texas 78711-3087. All comments must be received by the close of the public meeting on August 26, 1999.

The Executive Director of the TNRCC prepared a brief summary of the Commission's records regarding this site. This summary, and a portion of the records for this site, including documents pertinent to the proposed remedy, is available for review during regular business hours at the Crowley Public Library, 121 N. Hampton Road, Crowley, Texas (817) 297-6707. Copies of the complete public record file may be obtained during business hours at the TNRCC, Central Records Center, Building D, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, telephone (512) 239-2920. Photocopying of file information is subject to payment of a fee. For further information regarding this meeting or the Tricon site, please call 1-(800) 633-9363 (within Texas calls only) or (512) 239-2463.

TRD-9904257

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 14, 1999

Public Utility Commission of Texas

Notice of Application for Amendment to Service Provider Certificate of Operating Authority

On July 12, 1999, State Discount Telephone filed an application with the Public Utility Commission of Texas (PUC) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate No. 60147. Applicant intends to expand its geographic area to include the entire state of Texas.

The Application: Application of State Discount Telephone for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 21099.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the commission at the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than July 28, 1999. You may contact the PUC Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 21099.

TRD-9904217

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Notice of Application Pursuant to P.U.C. Substantive Rule §23.94

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on June 28, 1999, pursuant to P.U.C. Substantive Rule §23.94 for approval of a revised General Exchange Tariff.

Tariff Title and Number: Application of Ganado Telephone Company, Inc. for Approval of a Revised General Exchange Tariff Pursuant to P.U.C. Substantive Rule §23.94. Tariff Control Number 21037.

The Application: Ganado Telephone Company, Inc. (Ganado or the company) seeks approval to replace the General Exchange Tariff currently on file with the commission with a revised General Exchange Tariff. It is necessary to replace the current tariff because it is a patchwork of revisions, which makes it burdensome to use, and it contains numerous obsolete rules, regulation, definitions, descriptions, and references. The revised General Exchange Tariff will more completely describe and clarify the terms and conditions under which the company provides services to its customers. The revised General Exchange Tariff will not contain any changes in the rates or services currently offered by the company under its existing General Exchange Tariff. Ganado proposes an effective date of October 1, 1999, for all exchanges served by the company.

Subscribers of Ganado have a right to petition the commission for review of this application by filing a protest with the commission. The protest must be signed by a minimum of 5.0%, or 145 affected local service customers, and must be received by the commission no later than August 30, 1999.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at PO Box 13326, Austin, Texas, 78711-3326, or call the Public Utility Commission Office of Customer Protection at (512) 936-7120 on or before August 30, 1999. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. Please reference Tariff Control Number 21037. Tariff Control No. 19456 Page 2

TRD-9904092

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 8, 1999

Notice of Application to Introduce New or Modified Rates or Terms Pursuant to P.U.C. Substantive Rule §26.212

Notice is given to the public of an application filed with the Public Utility Commission of Texas on July 8, 1999 to introduce new or modified rates or terms pursuant to P.U.C. Substantive Rule §26.212, Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECs).

Tariff Title and Number: Application of GTE-Southwest, Inc. to Revise Tariff to Provide Customers With Access to GTE's SS7 Network Within the State of Texas Pursuant to P.U.C. Substantive Rule §26.212. Tariff Control Number 21086.

The Application: GTE Southwest, Incorporated has notified the Public Utility Commission of Texas that it is providing customers with access to GTE's Signaling System 7 (SS7) Network within the State of Texas. This access can be used for message transport in support of services that require receiving and terminating signaling information using SS7 protocol. This service will allow a customer to interconnect at any GTE Signal Transport Point (STP) in the State of Texas and transport over GTE's internal SS7 Network to another GTE STP located in Texas.

Persons who wish to intervene in this proceeding should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 by July 30, 1999. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-9904198

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 12, 1999

Public Notice of Amendment to Interconnection Agreement

On July 8, 1999, Southwestern Bell Telephone Company and Allegiance Telecom of Texas, Inc., collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 21087. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 21087. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by August 10, 1999, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 21087.

TRD-9904222

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 13, 1999

Public Notices of Interconnection Agreements

On July 9, 1999, JCA, Inc. doing business as Phonesense and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 21092. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA §252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA §252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 21092. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by August 10, 1999, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 21092.

TRD-9904223

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 13, 1999

On July 9, 1999, Poka Lambro Telephone Company and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 21093. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 21093. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by August 10, 1999, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

TRD-9904224

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 13, 1999

On July 9, 1999, UsCom Telephone, Inc. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated §§11.001-63.063 (Vernon 1998) (PURA). The joint application has been designated Docket Number 21094. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 21094. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by August 10, 1999, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

TRD-9904225

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 13, 1999

Public Notice of Workshop on Equipment and Services Used by Persons with Disabilities to Access the Telephone Network and Request for Comments

The Public Utility Commission of Texas (commission) will hold a workshop regarding equipment and services used by persons with disabilities to access the telephone network, on Tuesday, August 17, 1999, at 9:00 a.m. in the Commissioner's Hearing Room located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 21090, Implementation of Senate Bill 1441 has been established for this proceeding. Senate Bill 1441 as passed by the 76th Legislature, 1999, has expanded the current Specialized Telecommunications Device Assistance Program to include persons with disabilities other than those with disabilities of hearing or speech. Senate Bill 1441 offers financial assistance to enable qualified individuals to purchase telecommunications equipment or services that will provide telephone network access from a home or business that is functionally equivalent to that enjoyed by persons without disabilities. The commission and the Texas Commission for the Deaf and Hard-of-Hearing seek additional information regarding the types of equipment and/or services that specifically assist persons with variety of disabilities in accessing the telephone network. This information will assist the commission and the Texas Commission for the Deaf and Hard-of-Hearing in determining the equipment and services that will be eligible for vouchers under the Specialized Telecommunications Assistance Program.

Prior to the workshop, the commission requests interested persons with disabilities, manufacturers, service providers or vendors to file comments on the following questions:

1. What equipment or service(s) do you currently use, sell, or manufacture that specifically assists persons with disabilities in accessing the telephone network?

2. What specific disability(ies) is served by such equipment and or service?

3. What is the cost of the equipment and/or service? Are there any one-time charges associated with the equipment or service, such as installation or hook-up fees?

4. If you are a consumer, from whom do you purchase or lease the equipment or service?

5. If you are a manufacturer or vendor, how do you market your products and services?

6. If you need equipment or a service to help you access the telephone network, and it is not currently available, please describe your specific needs that are not being met.

Responses may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326 within 14 days of the date of publication of this notice. All responses should reference Project Number 21090. This notice is not a formal notice of proposed rulemaking, however, the parties' responses to the questions and comments at the workshop will assist the commission in developing a commission policy or determining the necessity for a related rulemaking.

Ten days prior to the workshop the commission shall make available in Central Records under Project Number 21090 an agenda for the format of the workshop.

The commission requests that persons planning to attend the workshop register by phone with Lisa Kriger, Relay Texas Assistant, Office of Customer Protection, (512) 936-7148 (Voice or TTY). Questions concerning the workshop or this notice should also be referred to Lisa Kriger.

TRD-9904221

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 13, 1999

Southwest Texas State University

Amendment to Consultant Contract

Consistent with Government Code, Section 2254-029, Subsection (a), Southwest Texas State University is amending the contract with KPMG to include new services in the amount of $17,000, as requested as part of a new objective based on information gathered by KPMG in the original contract.

Contact. The contact person is Dr. Cathy Fleuriet, President's Office, 601 University Drive, San Marcos, Texas 78666.

TRD-9904232

Williams A. Nance

Vice President for Finance and Support Services

Southwest Texas State University

The University of Houston System (UH System) requests proposals (RFP) from law firms interested in representing UH System and its component institutions in tax-exempt bond matters. This RFP is issued to establish (for the time frame beginning September 1, 1999 to August 31, 2000) a referral list from which UH System, by and through its Office of General Counsel, will select appropriate counsel for representation on specific bond matters as the need arises. These include the usual and necessary services of a bond counsel in connection with the issuance, sale and delivery of bonds and notes on which the interest is excludable from gross income under existing federal tax law.

University of Houston System

Request for Proposal

Description. The UH System comprises four universities-the University of Houston, University of Houston-Clear Lake, University of Houston-Downtown, and University of Houston-Victoria-each with a different mission, that together serve the diverse educational needs of the Houston metropolitan area and the upper Gulf Coast region. The UH System seeks qualified firms to provide usual and necessary legal services in connection with the issuance, sale and delivery of certain tax-exempt bonds and/or notes. Federal tax related matters regarding bonds issued by the UH System, including strategies and management practices in the conduct of an exempt debt program requires a close working relationship with bond counsel. Contact is frequent, particularly in regard to the Revenue Financing System program. UH System invites responses to this RFP from qualified firms for the provision of such legal services under the direction and supervision of UH System's Office of the General Counsel.

Responses. Responses to this RFP should include at least the following information: (1) a description of the firm's or attorney's qualifications for performing the legal services, including the firm's prior experience in bond issuance matters; (2) a description of the firm's or attorney's past experience as Bond Counsel for other state agencies and for tax-exempt bonds or notes issued by other institutions of higher education for the period from January 1, 1990 to the present, including the identity of the Issuer, the amount and type of bonds or notes, and the purpose for the issuance in your description; (3) the names, experience, and technical expertise of each attorney who may be assigned to the work on such matters, and the availability of the lead attorney and others assigned to the project; (4) the submission of fee information (either in the form of hourly rates for each attorney who may be assigned to perform services in relation to UH System's bond matters, flat fees, or other fee arrangements directly related to the achievement of specific goals and cost control(s) and billable expenses; (5) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the UH System or to the State of Texas, or any of its board, agencies, commissions, universities, or elected or appointed official(s); and (6) confirmation of willingness to comply with policies, directives, and guidelines of the UH System and the Attorney General of Texas.

Law firms responding to this proposal must have an office in Texas. The firm should have a place of business in Houston, Texas, or be willing to either waive, or substantially limit, the expenses attributable to travel. All travel expenses are to be borne by the law firm.

Format and Person to Contact. An original and two copies of the response are requested. The response should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together. They should be sent by mail or delivered in person, marked "Response to Request for Proposals--Bond Counsel Services," and addressed to Dennis P. Duffy, General Counsel, Office of the General Counsel, University of Houston System, 4800 Calhoun Street, Suite 212, Houston, Texas, 77204-2162 (telephone (713) 743-0949 for questions).

Deadline for Submission of Responses. All responses must be received by the Office of General Counsel of the UH System at the address set forth above no later than Noon on Friday, August 20, 1999.

TRD-9904147

Peggy Cervanka

Executive Administrator, Board of Regents

University of Houston System

Filed: July 12, 1999

Willacy County

Notice of Intent

Requests for Comments and Proposals from Interested in Providing Additional Medicaid Certified Nursing Facility Beds.

House Bill 606, 75th Legislature, the State of Texas, permits a County Commissioners' Court of a rural county (defined as a county with a population of 100,000 or less) to request that the Texas Department of Human Services (TDHS) contract for additional Medicaid nursing facility beds in that county. This may be done without regard to the occupancy rate in available beds in the county.

Willacy County Commissioners Court is considering desirability of requesting that TDHS contract for more Medicaid nursing facility beds in Willacy County. The Commissioners Court is soliciting comments from all interested parties on the appropriateness of such a request. Additionally, the Commissioners Court seeks to determine if qualified entities are interested in submitting proposals to provide these additional Medicaid certified nursing facility beds. Comments and/or proposals should be submitted to Terry Flores, County Clerk of the Willacy County Commissioners Court, 540 West Hidalgo/First Floor, Courthouse Building, Raymondville, Texas 78580, telephone (956) 689-2710, no later than 5:00 p.m. on September 1, 1999. Action will be taken by the Commissioners Court at a Special Meeting on September 6, 1999 at 10 a.m.

Texas Workforce Commission

Notice of Intent to Review Catalogue

The Texas Workforce Commission (TWC) is soliciting offers to identify and define the options available for the future technical architecture of The Workforce Information System of Texas (TWIST). This acquisition will be made through the State of Texas Catalogue Purchasing process.

Respondents must respond with an offer for services to commence immediately upon award. Additionally, any respondent must be a Qualified Information Services Vendor (QISV), approved by the General Services Commission (GSC) on the date an offer is submitted. Interested vendors are responsible for ensuring that they meet GSC criteria as a QISV. Closing date: 3:00 p.m. August 3, 1999.

Vendors capable of meeting the above requirements who are interested in obtaining a copy of the Request for Offers may contact: Jane B. Haney, Procurement Services Manager, Room 316T, Texas Workforce Commission, 101 East 15th Street, Austin, Texas, 78778-0001, Telephone (512) 463-2482, Facsimile: (512) 463-2442; or email: JHaney@twc.state.tx.us, or obtain the RFO from the Electronic State Business Daily at the Texas Marketplace ebusiness site.

TWIST is a Client/Server system that supports the Job Training Partnership Act (JTPA), Choices and Food Stamps Employment and Training (FSE&T) programs for the Texas Workforce Commission. Existing TWIST functionality includes: automated intake, eligibility, assessment, service planning and tracking, case management, outreach and scheduling, direct interface to legacy systems, reporting and performance measurement. This application is a two-tiered client/server system.

The client side was developed using PowerBuilder and runs on client PCs that are networked to local area networks. These local networks are connected to a central, statewide Sybase database through a statewide frame rely wide area network. The central Sybase database resides on a Hewlett Packard "V" class server with a UNIX operating system. Application processing is performed both on the Client PCs and on the central Hewlett Packard server located in Austin, Texas.

The scope of this project is the entire TWIST application, along with its associated data, all existing and necessary data and application interfaces and other related applications that are physically integrated with the TWIST application.

The object of the project will be to:

Analyze the current state of the TWIST application. Evaluate all components of TWIST, including associated data, hardware, software, system services, databases and interfaces.

Review the overall Information Technology architecture of TWC that govern technology and integration choices as they relate to the TWIST application.

Identify and define alternative solutions for the TWIST application, including but not limited to: conversion of TWIST architecture to the IBM mainframe OS/390 platform with IBM; DB2 or Oracle MVS database; retention of TWIST existing platform; and changes to existing client-server hardware/software.

Evaluate these alternative solutions with respect to the current architecture/platform of the TWIST application.

Conduct discussion with TWC stakeholders to review and confirm the options, evaluations, and recommended solution.

Provide a final report that compares the data collected, analyzes the advantages and disadvantages of each option, and selects a recommendation(s) for management consideration.

Expected deliverables include: documentation of different options considered; evaluation report, including analysis of current architecture; and final recommendation of solution for the TWIST application.

TRD-9904174

J. Randel (Jerry) Hill