In accordance with Subchapter E, Chapter 5, Texas Property Code, as added by Chapter 994, Acts of the 74th Legislature, the Texas Department of Housing and Community Affairs has determined that the requirements governing residential contracts for deed in Subchapter E will apply to the following counties in Texas:

1. Andrews

2. Brooks

3. Cameron

4. Culberson

5. Dimmit

6. Duval

7. El Paso

8. Frio

9. Hidalgo

10. Jimm Hogg

11. Jim Wells

12. Kinney

13. Kleberg

14. La Salle

15. Maverick

16. Pecos

17. Presidio

18. Reeves

19. San Patricio

20. Starr

21. Uvalde

22. Val Verde

23. Ward

24. Webb

25. Willacy

26. Winkler

27. Zapata

28. Zavala

Each county listed above is within 200 miles of an international border and has a per capita income that averaged 25 percent below the state average for the years 1996, 1997, and 1998 and an unemployment rate that averaged 25 percent above the state average for the years 1998, 1999, and 2000.

The Texas Department of Housing and Community Affairs has also determined that the requirements contained in Subchapter E will apply to the counties listed above beginning June 1, 2001.

TRD-200102084

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: April 11, 2001

Public Hearing Schedule for a Concentration Policy for Multifamily Housing Programs

The Texas Department of Housing and Community Affairs ("the Department") programs were created to provide decent, safe and sanitary housing opportunities for low and very low income Texans. The Department aids in building affordable multifamily housing through several of its programs, including, but not limited to, the Low Income Housing Tax Credit Program, the HOME Program and the Housing Trust Fund.

The Department recognizes the need to ensure that the location of any new multifamily project is selected in a manner designed to enhance the viability of all properties in the area by taking into account existing comparable low income units in the affected market. Securing the viability of all properties calls for placing controls on the number of units funded in a market. To achieve this goal, the Department has developed a concentration policy to govern the funding of all multifamily developments.

The Department will hold public hearings to receive comments on the proposed Concentration Policy for Multifamily Housing, at the following times and locations:

DALLAS, Monday, April 30

City Council Chambers

1500 Marilla Street

6:00 p.m.

AUSTIN, Tuesday, May 1

TDHCA Headquarters

Board Room, 4th Flr.

507 Sabine

1:00 p.m.

HOUSTON, Wednesday, May 9

Original City Council Chambers

City Hall, 2nd Flr.

901 Bagby

6:00 p.m.

McALLEN, Wednesday, May 2

McAllen Main Library, Third Floor

601 North Main Street

6:00 p.m.

Written comments are also encouraged. Such comments should be addressed to:

David Burrell, Director of Housing Programs

Texas Department of Housing and Community Affairs

Post Office Box 13941

Austin, Texas 78711-3941; or

via fax at 512.472.8526;or

via e-mail at info@genesis.tdhca.state.tx.us.

For additional information you may contact the Texas Department of Housing and Community Affairs at 512.475.3800 or visit the program's web site at www.tdhca.state.tx.us.

Individuals who require auxiliary aids or services for these meetings should contact Gina Esteves, ADA Responsible Employee, at 512.475.3943 or Relay Texas at 1.800.735.2989 at least two days before the meeting so that appropriate arrangements can be made.

The proposed Concentration Policy for Multifamily Housing follows:

Texas Department of Housing and Community Affairs

Concentration Policy for Multifamily Housing

The Texas Department of Housing and Community Affairs (TDHCA), by and through its Board of Directors recognizes the need to set limits on the concentration of new housing units it funds in markets and submarkets throughout the state. For the purposes of this policy a market is generally defined by the boundaries of a metropolitan statistical area (MSA) or a county or city. In a market with a population of greater than 500,000, submarkets should be delineated that contain not more than 500,000 persons and not less than 50,000 persons. In cases where the market is over 500,000, the city boundaries that contain proposed projects should be used to delimit the submarket if the city contains at least 50,000 persons but not more than 500,000 persons. In cases where the city, as a submarket, is outside of this range, the submarket boundaries should be generally defined as a three (3)-mile radius defined by a market study analyst as prescribed in the Department's Market Analysis and Appraisal Policy. In cases where a three (3)-mile radius is too large or too small to contain 500,000 to 50,000 persons, the radius should be incrementally decreased or increased by one (1) mile until the submarket defined contains a population of 500,000 to 50,000 persons. For the purposes of this policy, the term comparable means units that are dedicated to same household type as the proposed subject property using the classifications of family, elderly or transitional as household types.

1. The Department may limit annually the issuance of Determination Notices, the allocation of tax credits, and the award of Department funding for new construction projects to not more than 560 comparable units within any market or submarket if the market area has been defined in accordance with the population range described above; or

2. The Department may limit annually the issuance of Determination Notices, the allocation of tax credits, and the award of Department funding for new construction projects to not more than 280 units within any market or submarket if the market area has been defined in accordance with the population range described above, and includes existing or approved but not completed comparable tax credit projects totaling 500 units or more that have maintained stabilized occupancies of at least 90% for less than 1 full year.

3. In making a decision about the issuance of a Determination Notice under items (1) or (2) above, the Department will act in accordance with the order in which the bond reservations were issued subject to a project's feasibility and a determination by the Department that the site is acceptable.

4. The Department will not issue a Determination Notice, allocate tax credits, or award Department funds to any project that it determines would have a significant negative impact on existing (or approved) multifamily housing projects. In making this determination, the Department will take into account all pertinent information including the data and conclusions of the market study. The findings of the market study should result in an appropriately calculated capture rate of not more than 25%. In general, the capture rate is calculated as the sum of all proposed new units divided by the total income eligible renter household demand in the market or submarket as appropriate. Additional definitions of capture rate and demand shall be promulgated in the Department's Market Analysis and Appraisal Policy and associated guidelines.

TRD-200102079

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: April 11, 2001

Department of Information Resources

Notice of Contract Award

The Department of Information Resources (DIR) announces that it has entered into a major consulting services contract with PeopleSoft USA, Inc. (PeopleSoft) for services delivered to the Employees Retirement System of Texas (ERS). The purpose of these services is to study and advise ERS on security aspects of the State's benefits administration system as it migrates to the latest version of PeopleSoft. These services are being conducted pursuant to a professional services contract between PeopleSoft and the Texas Department of Information Resources. The not-to-exceed cost is estimated to be $27,830.00

TRD-200101997

Renee Mauzy

General Counsel

Department of Information Resources

Filed: April 6, 2001

Texas Department of Insurance

Insurer Services

Application to change the name of NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA to NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA, a foreign life company. The home office is in Columbus, Ohio.

Application for admission to the State of Texas by CORNERSTONE MUTUAL INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Duluth, Georgia.

Application for admission to the State of Texas by SOUTHERN TITLE INSURANCE CORPORATION, a foreign title company. The home office is in Richmond, Virginia.

Application for admission to the State of Texas by NATIONAL TITLE INSURANCE COMPANY, a foreign title company. The home office is in Commack, New York.

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

TRD-200102087

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: April 11, 2001

Third Party Administrator Application

The following third party administrator (TPA) application has been filed with the Texas Department of Insurance and is under consideration.

Application for admission to Texas of SimplyHealth.Com, Inc., a foreign third party administrator. The home office is Wilmington, Delaware.

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-200102078

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: April 11, 2001

Texas Department of Licensing and Regulation

Request for Funding for Consumer and Auctioneer Education

The Texas Department of Licensing and Regulation and the Auctioneer Education Advisory Board hereby solicits requests for funding. Requests must include education for the advancement of the auctioneer profession. The subject matter should concern universal standards of auctioneering, including the subjects of ethics, deceptive trade practice act, laws and administrative rules concerning taxes to be collected and paid to the State of Texas by auctioneers, and all other state and federal statutes that apply to the auction business in the State of Texas, including the Texas Auctioneer Law. Requests for funding must encompass all four of the above subject areas, target delivery to all areas of the state, and seek to attract both full time and part time licensed auctioneers.

To receive copies of the Request for Funding contact Caroline Jackson at 512/463-7348; 1-800-803-9202; facsimile-512/475-2872 or electronically at caroline.jackson@license.state.tx.us. Requests for Funding must be received by May 23, 2001 at 5:00 p.m.

Requests for Funding will be evaluated for completeness, content, and usefulness. More than one request may be recommended for funding. Requests may be made for clarification, but no changes to requests will be accepted. A recommendation will be made by the Auctioneer Education Advisory Board to the Commissioner of Licensing and Regulation at a public meeting to be scheduled and announced at a later date.

The Department reserves the right to accept or reject any or all requests submitted. The Department is under no legal or other obligation to execute a contract on the basis of this Request for Funding. The Request for Funding does not commit the Department to pay for any costs incurred prior to the approval of a request.

This agency hereby certifies that this announcement has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

TRD-200102041

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: April 10, 2001

Texas Department of Mental Health and Mental Retardation

Notice of Joint Public Hearing on Reimbursement Rates for Services in Institutions for Mental Diseases (IMD)

The Health and Human Services Commission and the Texas Department of Mental Health and Mental Retardation will conduct a joint public hearing to receive public comment on the extension of current reimbursement rates for Institutions for Mental Diseases (IMDs). The rates will be effective May 1, 2001, through August 31, 2001. The joint hearing will be held in compliance with Title 1, Texas Administrative Code, Chapter 355, Subchapter F, §355.702(h), which requires a public hearing on proposed reimbursement rate for medical assistance programs. Payment rates are proposed to be effective May 1, 2001, as follows:

$367.97 per day

Methodology and justification: The proposed rates were determined in accordance with the rate setting methodology codified as 1 Texas Administrative Code Chapter 355, Subchapter F (relating to Reimbursement Methodology for all medical assistance programs (IMDs)), §355.761(c)(3,4).

The public hearing will be held on Monday, May 7, 2001, at 1:00 p.m. in room 2-328, of TDMHMR Central Office building (Building 2) at 909 West 45th Street, Austin, Texas 78751.

Written comments may be submitted to the Reimbursement and Analysis Section, Medicaid Administration, Texas Department of Mental Health and Mental Retardation, P. O. Box 12668, Austin, Texas 78711-2668, or faxed to (512) 206-5693. Hand deliveries will be accepted at 909 West 45th Street, Building 4, Austin, Texas 78751. Comments must be received by 4:00 p.m. on Monday, May 7, 2001.

Persons requiring an interpreter for deaf or hearing impaired or other accommodation should contact Tom Wooldridge by calling (512) 206-5753 or the TDY phone number of Texas Relay, which is 1-800-735-2988, at least 72 hours prior to the hearing.

TRD-200102035

Andrew Hardin

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: April 10, 2001

Texas Natural Resource Conservation Commission

Correction of Error

The Texas Natural Resource Conservation Commission adopted 30 TAC §101.383, concerning General Air Quality Rules. The rule appeared in the April 6, 2001, Texas Register (26 TexReg 2730).

Due to a typographical error in the agency's submission, the word "a" should not appear in paragraphs (1) and (2) of §101.383(a) on page 26 TexReg 2735.

The paragraphs should read:

"(1) maximum daily cap with one-day surplus emission allowables generated on the same day; and

"(2) rolling 30-day average daily system cap emission limitation with surplus emission allowables generated over the same period."

TRD-200102033

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 May 21, 2001 . 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 May 21, 2001 . 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: AES Deepwater, Inc.; DOCKET NUMBER: 2000-1434-AIR-E; IDENTIFIER: Air Account Number HG-1495-V; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: electrical power generation; RULE VIOLATED: 30 TAC §116.115(c), Special Condition 1 of Permit 9276, and the Code, §382.085(b), by having an upset emission of more than 2000 pounds of sulfur dioxide; and 30 TAC §101.6 and the Code, §382.085(b), by failing to report an upset; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Kevin Keyser, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Aker Gulf Marine; DOCKET NUMBER: 2000-1251-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 03012-000; LOCATION: Aransas Pass, San Patricio County, Texas; TYPE OF FACILITY: structural metal fabrication; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 03012-000, and the Code, §26.121, by failing to comply with the permitted effluent limits for total suspended solids (TSS), chlorine, and flow; PENALTY: $2,250; ENFORCEMENT COORDINATOR: John Mead, (512) 239- 6010; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(3) COMPANY: AquaSource Utility, Inc.; DOCKET NUMBER: 2000-1173-MWD-E; IDENTIFIER: TPDES Permit Number 11974-001; LOCATION: Rockwall, Rockwall County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11974-001, and the Code, §26.121, by failing to comply with the permit effluent limits for ammonia nitrogen; PENALTY: $4,800; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(4) COMPANY: AquaSource, Inc. - Creekside Utilities Facility; DOCKET NUMBER: 2000- 1330-MWD-E; IDENTIFIER: TPDES Permit Number 11375-001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11375-001, and the Code, §26.121, by failing to meet the permitted limit for ammonia nitrogen; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Bandera Ranch Resort L.C. dba Lost Valley Resort Ranch; DOCKET NUMBER: 2000-1079-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 0100029; LOCATION: Bandera, Bandera County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(b)(2), (c)(3)(A)(ii), (f)(3), (g)(3) and (4), and §290.122(b) and (c) (formerly 30 TAC §§290.106(b)(1), (e)(1) and (2), 290.103(5), and 290.105(a)(2)), by exceeding the maximum contaminant level (MCL) for total coliform bacteria, collect and submit repeat bacteriological samples following a total coliform-positive sample result, provide public notice related to the routine monthly and repeat sampling violations, and provide public notice of the MCL violations; and 30 TAC §290.109(c), (formerly 30 TAC §290.106(a)), by failing to collect and submit a routine monthly water sample for bacteriological analysis; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Shawn Stewart, (512) 239-6684; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(6) COMPANY: Mr. Scott Wilson dba Bar-W Ranch; DOCKET NUMBER: 2000-1242-WR-E; IDENTIFIER: Enforcement Identification Number 15415; LOCATION: Rising Star, Eastland County, Texas; TYPE OF FACILITY: hay producing ranch; RULE VIOLATED: 30 TAC §297.11 and the Code, §11.121, by failing to obtain authorization prior to diverting state water for irrigation purposes; PENALTY: $400; ENFORCEMENT COORDINATOR: James Beauchamp, (915) 698- 9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(7) COMPANY: BNP Petroleum Corporation; DOCKET NUMBER: 2000-1198-AIR-E; IDENTIFIER: Air Account Number MC-0008-S; LOCATION: Tilden, McMullen County, Texas; TYPE OF FACILITY: oil and gas exploration and production; RULE VIOLATED: 30 TAC §101.10 and the Code, §382.085(b), by failing to submit an emissions inventory; and 30 TAC §101.27 and the Code, §382.085(b), by failing to pay the emissions fees; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Michael De La Cruz, (512) 239-0259; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(8) COMPANY: BP Amoco Chemical Company; DOCKET NUMBER: 2000-1174-AIR-E; IDENTIFIER: Air Account Number HX-0055-V; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: alcohols and olefins manufacturing; RULE VIOLATED: 30 TAC §115.542(a)(1) and the Code, §382.085(b), by failing to use a vapor control system; 30 TAC 117.211(e) and the Code, §382.085(b), by failing to conduct three one-hour emission test runs; 30 TAC §115.214(a)(1)(B) and the Code, §382.085(b), by failing to stop liquid loading after leaks occurred; and 30 TAC §101.20(1), 40 Code of Federal Regulations (CFR) §60.482-10 and §60.18, and the Code, §382.085(b), by failing to test the HB-2 and HA-8 flare; PENALTY: $17,680; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: Buckhorn Ranch & Lake, Inc.; DOCKET NUMBER: 2000-1280-PWS-E; IDENTIFIER: PWS Number 1011345; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(3), (f), and (g), and §290.103(5), (formerly 30 TAC §§290.103(5), 290.105(a)(2) and 290.106(b)(1) and (e)), by failing to collect and submit the required number of repeat samples for bacteriological analysis, exceeding the MCL for total coliform bacteria, and provide public notice; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Kimberly McGuire, (512) 239-4761; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: The City of Canton; DOCKET NUMBER: 2000-0875-PWS-E; IDENTIFIER: PWS Number 2340001; LOCATION: Canton, Van Zandt County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(e)(1)(C), (formerly 30 TAC §290.46(e)(1)), and the Code, §341.033(a), by failing to provide at least two grade "C" surface water operators; 30 TAC §290.46(e)(2) and the Code, §341.033(a), by failing to have at least a grade "C" surface water operator on duty when the plant is in operation or provide the plant with continuous turbidity and disinfectant residual monitors; 30 TAC §290.46(b)(2)(F) and the Code, §341.033(a), by failing to provide a service pump capacity that provides each pump station or pressure plane with two or more pumps that have a total capacity of two gallons per minute (gpm) per connection; and 30 TAC §290.42(k), (formerly 30 TAC §290.46(j)), by failing to provide a plant operations manual; PENALTY: $2,625; ENFORCEMENT COORDINATOR: Terry Thompson, (512) 239-6095; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(11) COMPANY: The City of Centerville; DOCKET NUMBER: 2000-1001-MWD-E; IDENTIFIER: TPDES Permit Number 10147-001; LOCATION: Centerville, Leon County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (5), TPDES Permit Number 10147-001, and the Code, §26.121, by failing to comply with the permitted effluent limits for five-day biochemical oxygen demand (BOD) and pH; PENALTY: $4,500; ENFORCEMENT COORDINATOR: John Mead, (512) 239-6010; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(12) COMPANY: Chevron Mart, Inc.; DOCKET NUMBER: 2000-1228-PWS-E; IDENTIFIER: PWS Number 1012162; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c) and (g), and §290.122, (formerly 30 TAC §290.106(a) and (e)(2) and §290.103(5)), by failing to collect and submit routine monthly water samples for bacteriological analysis and provide public notice; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Kimberly McGuire, (512) 239-4761; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: Circle Bar Truck Corral, Incorporated; DOCKET NUMBER: 2000-1155- IWD-E; IDENTIFIER: Expired Water Quality Permit Number 11868-001; LOCATION: Ozona, Crockett County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.63(a), §305.125(2), and the Code, §26.121(a)(1), by failing to renew Water Quality Permit Number 11868-001 and prevent the unauthorized discharge of sewage; PENALTY: $5,600; ENFORCEMENT COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(14) COMPANY: Cyndie Park II Water Supply Corporation; DOCKET NUMBER: 2000-1077- PWS-E; IDENTIFIER: PWS Number 1780050; LOCATION: Banquete, Nueces County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.43(d)(2), by failing to provide a pressure release device for the pressure tanks; 30 TAC §290.46(d)(2)(A), (m)(1), and (r), (formerly 30 TAC §290.46(f)(1)(A), (p), and (u)), by failing to maintain a 0.2 milligram per liter (mg/l) free chlorine residual, document inspection of the pressure tanks, and maintain a normal system operating pressure of 35 pounds per square inch; 30 TAC §290.43(e), by failing to provide intruder-resistant fences; 30 TAC §290.42(e)(7), (formerly 30 TAC §290.43(e)(8)), by failing to properly house the hypochlorinator equipment; 30 TAC §290.41(c)(3)(K), (M), and (O), by failing to provide a proper casing vent, a properly installed raw water sampling tap, and a locked well houses for the well units; and 30 TAC §290.118, (formerly 30 TAC §290.113), by failing to meet the quality standard for total dissolved solids of 1000 mg/l; PENALTY: $1,375; ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825- 3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(15) COMPANY: Degussa Corporation; DOCKET NUMBER: 2000-1002-AIR-E; IDENTIFIER: Air Account Number AD-0001-F; LOCATION: Aransas Pass, Aransas County, Texas; TYPE OF FACILITY: carbon black manufacturing; RULE VIOLATED: 30 TAC §101.7(b) and the Act, §382.085(b), by failing to submit a start-up report; 30 TAC §101.6(b) and the Act, §382.085(b), by failing to create complete records of the reportable upsets; and 30 TAC §116.115(b)(2)(F) and (c), Air Permit Number 8585, and the Act, §382.085(b), by failing to maintain the records containing the information and data sufficient to demonstrate compliance and maintain the opacity; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Gary McDonald, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412- 5503, (361) 825-3100.

(16) COMPANY: Dormaine Cordier U.S.A., Inc.; DOCKET NUMBER: 2000-1077-IWD-E; IDENTIFIER: Water Quality Permit Number 0003177; LOCATION: Fort Stockton, Pecos County, Texas; TYPE OF FACILITY: winery; RULE VIOLATED: 30 TAC §305.125(1), Water Quality Permit Number 0003177, and the Code, §26.121, by failing to meet the permitted limit for daily average flow; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Dan Landenberger, (915) 570-1359; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705- 5404, (915) 570-1359.

(17) COMPANY: Doty Sand Pit Venture, Inc.; DOCKET NUMBER: 2000-1451-MSW-E; IDENTIFIER: Municipal Solid Waste (MSW) Identification Number 1247; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: landfill; RULE VIOLATED: 30 TAC §330.255, by failing to have approval from the executive director prior to constructing a golf course on an MSW landfill; PENALTY: $800; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(18) COMPANY: Duke Energy Field Services, LP; DOCKET NUMBER: 2000-1309-AIR-E; IDENTIFIER: Air Account Number FC-0033-K; LOCATION: Winchester, Fayette County, Texas; TYPE OF FACILITY: natural gas extraction; RULE VIOLATED: 30 TAC §101.10(e) and the Code, §382.085(b), by failing to submit an annual emissions inventory for the year 1999; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(19) COMPANY: City of Florence; DOCKET NUMBER: 2000-0964-MWD-E; IDENTIFIER: TPDES No. 10944-001; LOCATION: Florence, Williamson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10944- 001, and the Code, §26.121, by failing to comply with total chlorine residual, TSS, and ammonia- nitrogen permit requirements; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(20) COMPANY: Florida Gas Transmission Company; DOCKET NUMBER: 2000-0428-AIR-E; IDENTIFIER: Air Account Number MH-0064-W; LOCATION: Pledger, Matagorda County, Texas; TYPE OF FACILITY: natural gas compressor station; RULE VIOLATED: 30 TAC §122.146(2) and the Code, §382.085(b), by failing to submit compliance certification; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Trina Lewison, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(21) COMPANY: Mr. Mohammad Rahman dba Food Heaven; DOCKET NUMBER: 2000- 1271-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 0072561; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and the Code, §382.085(b), by failing to perform pressure decay testing; and 30 TAC §115.246(3) and the Code, §382.085(b), by failing to have maintenance records on site; PENALTY: $625; ENFORCEMENT COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(22) COMPANY: Good Time Stores Inc. dba Good Time Store No. 60; DOCKET NUMBER: 2001-0142-AIR-E; IDENTIFIER: Air Account Number EE-0910-S; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §114.100(a) and the Code, §382.085(b), by allegedly offering for sale gasoline for use as a motor vehicle fuel which failed to meet the minimum oxygenate content of 2.7% by weight; PENALTY: $720; ENFORCEMENT COORDINATOR: David Van Soest, (512) 239-0468; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(23) COMPANY: Mr. Cecil Greene dba Cecil Greene Plumbing; DOCKET NUMBER: 2000- 1119-SLG-E; IDENTIFIER: Enforcement Identification Number 15453; LOCATION: Atlanta, Cass County, Texas; TYPE OF FACILITY: sludge transporting; RULE VIOLATED: 30 TAC §312.142(a), by failing to register a sludge transporter operation; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Elnora Moses, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(24) COMPANY: Delton Osborne dba Grubs Bait & Grill; DOCKET NUMBER: 2001-0018- OSS-E; IDENTIFIER: Enforcement Identification Number 15666; LOCATION: Justiceberg, Garza County, Texas; TYPE OF FACILITY: convenience store, grill, and recreational vehicle trailer park; RULE VIOLATED: 30 TAC §285.50(b) and the Code, §366.071, by failing to register as an on-site sewage facility (OSSF) installer; and the Code, §366.051(a), by failing to submit plans for approval and obtain a permit before construction of OSSFs; PENALTY: $3,500; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(25) COMPANY: Harris County Municipal Utility District No. 127; DOCKET NUMBER: 2001-0898-MWD-E; IDENTIFIER: Water Quality Permit Number 12209-001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (5), Water Quality Permit Number 12209-001, and the Code, §26.121, by failing to comply with the permitted daily average limit for TSS, operate and maintain the plant properly, and prevent sludge in the receiving stream; PENALTY: $22,500; ENFORCEMENT COORDINATOR: John Mead, (512) 239-6010; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(26) COMPANY: Hilcorp Energy Company; DOCKET NUMBER: 2000-0934-AIR-E; IDENTIFIER: Air Account Number BL-0005-M; LOCATION: Sweeny, Brazoria County, Texas; TYPE OF FACILITY: natural gas production; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 39982, and the Code, §382.085(b), by failing to conduct initial sample testing and submit quarterly monitoring results; 30 TAC §117.25(a) and the Code, §382.085(b), by failing to submit the final control plan; 30 TAC §122.146(2) and the Code, §382.085(b), by failing to timely submit the annual Title V compliance certification; and 40 CFR §60.334(b)(2) and the Code, §382.085(b), by failing to daily monitor the sulfur content of the fuel; PENALTY: $28,125; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(27) COMPANY: Hog Creek Water Supply Corporation; DOCKET NUMBER: 2000-1194- PWS-E; IDENTIFIER: PWS Number 1550132; LOCATION: Valley Mills, McLennan County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(d)(2)(a) and (f)(3)(A)(ii) and (E)(iv), (formerly 30 TAC §290.46(d), (f)(1)(A), and (j)(3)), by failing to maintain free chlorine residual of 0.2 mg/l, include daily distribution system pumpages in the monthly operation report, and provide copies of properly completed customer service inspection certifications; and 30 TAC §290.41(c)(3)(M), by failing to provide a suitable sampling cock on the discharge pipe; PENALTY: $1,488; ENFORCEMENT COORDINATOR: James Jackson, (254) 751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(28) COMPANY: J & B Habluetzel Trust; DOCKET NUMBER: 2000-1026-MSW-E; IDENTIFIER: Unauthorized Site No. 45514006; LOCATION: Ingleside, San Patricio County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste; RULE VIOLATED: 30 TAC §330.4 and the Code, §26.121, by failing to obtain authorization prior to accepting MSW for disposal; PENALTY: $880; ENFORCEMENT COORDINATOR: Gary McDonald, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(29) COMPANY: Kalyn/Siebert L.P.; DOCKET NUMBER: 2000-1180-AIR-E; IDENTIFIER: Air Account Number CW-0032-O; LOCATION: Gatesville, Coryell County, Texas; TYPE OF FACILITY: cargo trailer manufacturing; RULE VIOLATED: 30 TAC §122.121, §122.130(b)(1), and the Code, §382.054 and §382.085(b), by failing to submit a federal operating permit application and continuing to operate the plant without the required permit authorization; PENALTY: $2,000; ENFORCEMENT COORDINATOR: James Jackson, (254) 751- 0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(30) COMPANY: Kruger Water Works, Inc.; DOCKET NUMBER: 2000-1034-PWS-E; IDENTIFIER: PWS Number 0610087; LOCATION: Krugerville, Denton County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(d)(2)(A), (f)(2) and (3)(E)(iii), (j), (r), and (t), (formerly 30 TAC §290.46(d), (f)(2), (p)(1) and (2), (u), and (w)), by failing to maintain a minimum disinfectant residual of 0.2 mg/l, provide monthly reports of waterworks operations for review during inspection, provide documentation during the inspection that disinfectant residual tests were performed, make records of the annual inspections of the ground storage tanks, make records of the annual inspections of the pressure tanks available, provide a minimum pressure of 35 pounds per square inch throughout the distribution system, provide certifications of customer service inspections, and post a legible sign at each production, treatment, and storage site; 30 TAC §290.41(c)(1)(F) and (3)(B), by failing to secure a sanitary easement around the wells and maintain the concrete sealing block around the well casing; and 30 TAC §290.43(c)(3) and (e), by failing to provide the ground storage tanks with properly designed overflow pipe and provide intruder-resistant fencing; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(31) COMPANY: Lone Star Beef Processors, L.P.; DOCKET NUMBER: 2000-1156-IWD-E; IDENTIFIER: Water Quality Permit Number 0003574-000; LOCATION: San Angelo, Tom Green County, Texas; TYPE OF FACILITY: meat packing; RULE VIOLATED: 30 TAC §305.125(1), Water Quality Permit Number 0003574-000, and the Code, §26.121(c), by failing to provide adequate treatment of wastewater effluent and report effluent violations which deviate from the permitted effluent limitation; PENALTY: $5,500; ENFORCEMENT COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(32) COMPANY: Lone Star Steel Company; DOCKET NUMBER: 2000-0104-IWD-E; IDENTIFIER: National Pollutant Discharge Elimination System (NPDES) Permit Number TX0000027 (Water Quality 00348) ; LOCATION: Lone Star, Morris County, Texas; TYPE OF FACILITY: steel works, rolling mill, and pipe fabrication; RULE VIOLATED: NPDES Permit Number TX0000027, by failing to comply with permitted effluent limits for total zinc; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(33) COMPANY: Mr. Frank Flores dba Lull's Public Scales and Scales Drive In; DOCKET NUMBER: 2000-1371-AIR-E; IDENTIFIER: Air Account Number HN-0454-Q; LOCATION: Edinburg, Hidalgo County, Texas; TYPE OF FACILITY: weighing service; RULE VIOLATED: 30 TAC §101.4 and the Code, §382.085(a) and (b), by failing to adequately control dust emissions; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Bill Davis, (512) 239-6793; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(34) COMPANY: Madanco Corporation dba Shoppers Mart; DOCKET NUMBER: 2000-1041- PST-E; IDENTIFIER: PST Facility Identification Number 0035088; LOCATION: Hitchcock, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(4) and (6), and the Act, §382.085(b), by failing to maintain and provide documentation for the Stage II vapor recovery training for at least one station representative and provide a record of the results of the daily Stage II vapor recovery system (VRS) inspections; PENALTY: $720; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(35) COMPANY: Mountain Breeze, L.L.C. dba Mountain Breeze Campground; DOCKET NUMBER: 2000-1215-PWS-E; IDENTIFIER: PWS Number 0460190; LOCATION: Sattler, Comal County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c), (formerly 30 TAC §290.106(a)), and the Code, §341.033(d), by failing to collect routine monthly water samples for bacteriological analysis; and 30 TAC §290.109(g)(4) §290.122(c), (formerly 30 TAC §290.106(e)(2) and §290.103(5)), by failing to provide public notification of the failure to conduct bacteriological sampling; PENALTY: $625; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(36) COMPANY: Northwest Harris County Municipal Utility District No. 12; DOCKET NUMBER: 2000-1206-MWD-E; IDENTIFIER: TPDES Permit Number 11991-001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC § 305.125(1), TPDES Permit No. 11991-001, and the Code, §26.121, by failing to comply with permit limits for TSS, ammonia-nitrogen, and five-day carbonaceous BOD; PENALTY: $750; ENFORCEMENT COORDINATOR: Faye Liu, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(37) COMPANY: Northeast Texas Community College; DOCKET NUMBER: 2000-1269- MWD-E; IDENTIFIER: TPDES Permit Number 13948-001; LOCATION: Mount Pleasant, Titus County, Texas; TYPE OF FACILITY: college; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit No. 13948-001, and the Code, §26.121, by failing to comply with permit limits for TSS and BOD; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Elnora Moses, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(38) COMPANY: Northwest Harris County Municipal Utility District No. 24; DOCKET NUMBER: 2000-1135-MWD-E; IDENTIFIER: TPDES Permit Number 12655-001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 12655-001, and the Code, §26.121, by failing to comply with the permitted effluent limits for daily average TSS; PENALTY: $600; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(39) COMPANY: Oasis Pipe Line Company Texas L.P.; DOCKET NUMBER: 2000-1386-AIR- E; IDENTIFIER: Air Account Number KC-0013-N and Operating Permit Number O-00462; LOCATION: Comfort, Kendall County, Texas; TYPE OF FACILITY: natural gas compressor; RULE VIOLATED: 30 TAC §122.146(2) and the Code, §382.085(b), by failing to submit annual permit compliance certifications; and 30 TAC §122.145(2)(C) and the Code, §382.085(b), by failing to submit a permit deviation summary report; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(40) COMPANY: Mr. Randy Foster dba Palex; DOCKET NUMBER: 2000-1328-AIR-E; IDENTIFIER: Air Account Number DB-3981-B; LOCATION: Balch Springs, Dallas County, Texas; TYPE OF FACILITY: pallet refurbishing and manufacturing; RULE VIOLATED: 30 TAC §106.496(4), (7), (9) - (11), (13), (14), §116.110(a)(4), and the Code, §382.085, by failing to maintain written records of the hours of operation of the burner, store unburned material at least 75 feet away from the trench, observe air stagnation advisory, ensure no additional material is stacked above the air curtain, post operating instructions, remove ash generated from the trench, and ensure an operator was monitoring burning activities at all times; and 30 TAC §111.201, §116.110(a)(4), and the Code, §382.085, by failing to contain burn to within the burner; PENALTY: $4,375; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5825; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(41) COMPANY: City of Palmer; DOCKET NUMBER: 2000-1392-MWD-E; IDENTIFIER: TPDES Permit Number 13620-001; LOCATION: Palmer, Ellis County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC § 305.125(1), §319.7(d), and TPDES Permit No. 13620-001, by failing to submit the discharge monitoring reports; PENALTY: $3,360; ENFORCEMENT COORDINATOR: Michael De La Cruz, (512) 239-0259; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(42) COMPANY: Phillips Petroleum Company; DOCKET NUMBER: 2000-1310-AIR-E; IDENTIFIER: Air Account Number BL-0042-G; LOCATION: Sweeny, Brazoria County, Texas; TYPE OF FACILITY: petroleum refining plant; RULE VIOLATED: 30 TAC §101.6(a) and (b), and the Code, §382.085(b), by failing to determine if an upset caused by two low pressure cold separator control valves at the atmospheric residuum desulfurization unit not sealing completely was a reportable upset, notify all appropriate air pollution control agencies within 24 hours of the upset, and create final records of the reportable and nonreportable upsets; 30 TAC §112.31 and the Code, §382.085(b), by exceeding the hydrogen sulfide (H2S) net ground level concentration standard of 0.08 parts per million (ppm); and 30 TAC §112.32 and the Code, §382.085(b), by exceeding the H2S net ground level concentration standard of 0.12 ppm; PENALTY: $20,000; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(43) COMPANY: Rene Hinojosa dba Rene's Water System; DOCKET NUMBER: 2000-1418- PWS-E; IDENTIFIER: PWS Number 1010578; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(E)(i), by failing to provide a minimum well capacity of one gpm per connection; and 30 TAC §290.41(c)(3)(O), by failing to provide a properly constructed intruder-resistant fence; PENALTY: $188; ENFORCEMENT COORDINATOR: Terry Thompson, (512) 239-6095; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(44) COMPANY: The Sherwin Williams Company; DOCKET NUMBER: 2001-0010-AIR-E; IDENTIFIER: Air Account Number DB-0728-N; LOCATION: Garland, Dallas County, Texas; TYPE OF FACILITY: paint plant; RULE VIOLATED: 30 TAC §101.10 and the Code, §382.085(b), by failing to submit an emissions inventory questionaire; PENALTY: $3,125; ENFORCEMENT COORDINATOR: Bill Davis, (512) 239-6793; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(45) COMPANY: Young Kim dba S & K Food Mart; DOCKET NUMBER: 2000-0802-PST-E; IDENTIFIER: PST Facility Identification Number 0039348; LOCATION: Grand Prairie, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(1) and (2), and the Act, §382.085(b), by failing to successfully perform initial Stage II VRS testing and perform Stage II VRS annual pressure decay testing; 30 TAC §115.246(6) and the Act, §382.085(b), by failing to maintain a record of daily inspections of the Stage II VRS; and 30 TAC §334.7(d)(3), by failing to provide an amended registration to represent the current ownership; PENALTY: $2,880; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(46) COMPANY: Tamina Water Supply Corporation; DOCKET NUMBER: 2000-1296-PWS-E; IDENTIFIER: PWS Number 1700110; LOCATION: Conroe, Montgomery County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.117(e)(2), (formerly 30 TAC §290.120(e)(2)), by failing to conduct reduced monitoring tap sampling for lead and copper; PENALTY: $313; ENFORCEMENT COORDINATOR: Shawn Hess, (806) 353-9251; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(47) COMPANY: Texas Department of Criminal Justice; DOCKET NUMBER: 2000-1334- MWD-E; IDENTIFIER: TPDES Permit Number 11181-001; LOCATION: near Trinity, Houston County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), §319.7(d), TPDES Permit Number 11181-001, and the Code, §26.121, by failing to maintain the permitted effluent limits for ammonia nitrogen, dissolved oxygen, TSS and carbonaceous BOD and submit the discharge monitoring report for the month of March 2000; and 30 TAC §§220.21, 305.503, 312.9, and 335.323, by failing to pay the water quality assessment, wastewater inspection, beneficial land program, and hazardous waste generation fees; PENALTY: $2,200; ENFORCEMENT COORDINATOR: Michael De La Cruz, (512) 239-0259; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(48) COMPANY: Mr. James Kim dba Times Market #9; DOCKET NUMBER: 2000-1131-PST- E; IDENTIFIER: PST Facility Identification Number 49467; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures; and 30 TAC §334.50(b)(1)(A) and (2)(A)(i)(III), and the Code, §26.3475, by failing to monitor underground storage tanks for releases, provide proper release detection, and test a line leak detector for performance and operational reliability; PENALTY: $9,375; ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(49) COMPANY: Mr. Young J. Lee dba Times Market #18; DOCKET NUMBER: 2000-1132- PST-E; IDENTIFIER: PST Facility Identification Number 49910; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(a)(1)(A) and the Code, §26.3475, by failing to provide a method or combination of methods of release detection; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control; and 30 TAC §334.49(a) and the Code, §26.3475, by failing to provide corrosion protection; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(50) COMPANY: Charles S. Timms; DOCKET NUMBER: 2000-1020-MSW-E; IDENTIFIER: MSW Unauthorized Site Number 455020020 and Tire Transporter Registration Number 27033; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: scrap tire transportation; RULE VIOLATED: 30 TAC §328.60(a), by failing to obtain the required registration prior to operating a tire storage facility; 30 TAC §328.63(c), by failing to obtain the required registration prior to operating a tire processing facility; 30 TAC §328.54(d), by failing to place required identification on both sides and rear of vehicle; 30 TAC §328.57(c)(3), by failing to deliver scrap tires to an authorized facility; and 30 TAC §328.58(b), by failing to properly complete manifests; PENALTY: $600; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(51) COMPANY: Tuboscope Vetco International L.P.; DOCKET NUMBER: 2000-1184-AIR-E; IDENTIFIER: Air Account Number GK-0075-J; LOCATION: Navasota, Grimes County, Texas; TYPE OF FACILITY: oil field pipe inspection and coating; RULE VIOLATED: 30 TAC §122.146 and the Code, §382.085(b), by failing to submit their annual Title V compliance certification; PENALTY: $1,500; ENFORCEMENT COORDINATOR: James Jackson, (254) 751- 0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(52) COMPANY: Turkey Creek Landfill TX LP; DOCKET NUMBER: 2000-1257-MSW-E; IDENTIFIER: MSW Permit Number 1417-B; LOCATION: Alvarado, Johnson County, Texas; TYPE OF FACILITY: landfill; RULE VIOLATED: 30 TAC §335.2(a) and §335.43(a), and MSW Permit Number 1417-B, by allegedly having permitted the disposal of an industrial hazardous waste without authorization; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Merrilee Gerberding, (512) 239-4490; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(53) COMPANY: Vanceco, Inc. dba Creekwood Utilities Wastewater Treatment Plant; DOCKET NUMBER: 2000-1105-MWD-E; IDENTIFIER: Expired Water Quality Permit Number 13750-001; LOCATION: Conroe, Montgomery County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: the Code, §26.121, by allegedly discharging wastewater into waters in the state without authorization; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(54) COMPANY: Viking Pools Central, Inc.; DOCKET NUMBER: 2000-1321-MLM-E; IDENTIFIER: Air Account Number ML-0342-B and TNRCC Identification Number F0641; LOCATION: Midland, Midland County, Texas; TYPE OF FACILITY: fiberglass pool manufacturing; RULE VIOLATED: 30 TAC §335.62 and 40 CFR §262.11, by failing to conduct a hazardous waste determination; 30 TAC §335.9, by failing to keep records of all hazardous wastes and industrial solid wastes generated, stored, processed, and disposed; 30 TAC §335.62 and §335.503(a), by failing to classify each waste stream; 30 TAC §335.6, by failing to file a notice of registration; 30 TAC §335.63(a) and 40 CFR §262.12, by failing to file with the United States Environmental Protection Agency for an identification number; 30 TAC §335.69(f)(2) and (4), and 40 CFR §262.34(d)(2) and (4), and §265.173(a), by failing to keep the hazardous waste in closed containers and label or mark clearly each hazardous waste container; 30 TAC §122.130(b)(1) and the Code, §382.054 and §382.085(b), by failing to submit a Title V federal operating permit application; and 30 TAC §122.121 and the Code, §382l.054 and §382.085(b), by operating an emission unit without a Title V federal operating permit; PENALTY: $14,400; ENFORCEMENT COORDINATOR: Dan Landenberger, (915) 570- 1359; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705- 5404, (915) 570-1359.

(55) COMPANY: Williams Terminals Holdings, L.P. and Amerada Hess Corporation; DOCKET NUMBER: 2000-1116-AIR-E; IDENTIFIER: Air Account Number HG-0017-W; LOCATION: Galena Park, Harris County, Texas; TYPE OF FACILITY: bulk petroleum storage and warehousing; RULE VIOLATED: 30 TAC §116.115(b)(2)(G) and (c), Air Permit Number 4850, and the Code, §382.085(b), by exceeding the maximum allowable emission rates for volatile organic compound and failing to conduct stack sampling; PENALTY: $103,125; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(56) COMPANY: Xerxes Corporation; DOCKET NUMBER: 2001-0088-AIR-E; IDENTIFIER: Air Account Number GL-0049-W and Operating Permit Number O-00992; LOCATION: Seguin, Guadalupe County, Texas; TYPE OF FACILITY: fiberglass tank manufacturing; RULE VIOLATED: 30 TAC §122.145(2)(C) and the Code, §382.085(b), by failing to submit a deviation report; and 30 TAC §122.146(2) and the Code, §382.085(b), by failing to submit a permit compliance certification; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

TRD-200102034

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: April 10, 2001

Notice of Opportunity to Participate in Permitting Matters

A person may request to be added to a mailing list for public notices processed through the Office of the Chief Clerk for air, water, and waste permitting activities at the TNRCC. You may request to be added to: (1) a permanent mailing list for a specific applicant name and permit number; and/or (2) a permanent mailing list for a specific county or counties.

Note that a request to be added to a mailing list for a specific county will result in notification of all permitting matters affecting that particular county.

To be added to a mailing list, send us your name and address, clearly specifying which mailing list(s) to which you wish to be added. Your written request should be sent to the TNRCC, Office of the Chief Clerk, Mail Code 105, P. O. Box 13087, Austin, TX 78711-3087.

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-200102076

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: April 11, 2001

Notice of Water Quality Applications

The following notices were issued during the period of March 26, 2001 through March 30, 2001.

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, Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

CITY OF BAILEY has applied for a renewal of TPDES Permit No. 13584-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 26,000 gallons per day. The facility is located approximately 900 feet west of Farm-to-Market Road 816 and 3000 feet southwest of the intersection of Farm-to-Market Road 816 and State Highway 11 in Fannin County, Texas. The treated effluent is discharged via an eight-inch pipe to an unnamed tributary of Loring Creek; thence to Loring Creek; thence to Spring Creek; thence to the Upper South Sulphur River in Segment No. 0306 of the Sulphur River Basin.

CANUTILLO INDEPENDENT SCHOOL DISTRICT has applied for a renewal of Permit No. 11561- 003, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 9,000 gallons per day via soil absorption trenches with a minimum area of 11,700 ft2. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal area are located between Hemley Road and Chicken Farm Road, and Doniphan Drive and Kiely Road, approximately 0.5 mile southeast of the City of Vinton and 2.0 miles north of the City of Canutillo in El Paso County, Texas.

CHEVRON PHILLIPS CHEMICAL COMPANY which operates the Cedar Bayou Chemical Plant, which manufactures commodity petrochemicals and plastics, has applied for a major amendment to TNRCC Permit No. 01006 to authorize an increase in the daily average flow at Outfall 001 from 3.0 million gallons per day (MGD) to 4.0 MGD; to remove oil and grease limitations at Outfalls 001 and 003; to increase effluent limitations for chloroform at Outfall 001; to reduce the biomonitoring testing frequency at Outfall 001; to add Outfalls 004, 005, and 007 which discharge storm water; to increase pH holding times at storm water outfalls; and to reduce the monitoring frequency for several parameters at Outfall 001. The current permit authorizes the discharge of treated process wastewater commingled with treated domestic wastewater, cooling tower blowdown, sour water, and storm water at a daily average dry weather flow not to exceed 3,000,000 gallons per day via Outfall 001; storm water on an intermittent and flow variable basis via Outfall 002; and storm water and rinse water on a continuous and flow variable basis via Outfall 003. The facility is located at 9500 I-10 East, in the City of Baytown, Harris County, Texas.

DIOCESE OF GALVESTON-HOUSTON has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14218-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day. The facility is located approximately 7 miles southeast of the intersection of Farm-to-Market Road 1488 and State Highway 249 in Montgomery County, Texas.

THE DOW CHEMICAL COMPANY has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a major amendment to TNRCC Permit No. 00663 to authorize the use of synthetic dilution water for toxicity testing, the removal of total zinc monitoring requirements at Outfall 001, the removal of monitoring requirements and effluent limitations for inorganic nitrogen at Outfall 001, the use of an alternate test method for total oxygen demand at Outfall 001, the change of the self-reporting forms submittal date, the reduction in the monitoring frequency for various limited parameters at Outfall 001, and the additional discharge of process and utility wastewater from a new production plant via Outfall 001. The current permit authorizes the discharge of process wastewater, storm water, utility water, and domestic wastewater at a daily average flow not to exceed 1,650,000 gallons per day via Outfall 001; and storm water on an intermittent and flow variable basis via Outfalls 002 and 003, which will remain the same. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0002933 issued on July 24, 1998, and TNRCC Permit No. 00663, issued on July 3, 1998. The applicant operates the La Porte Plant which manufactures plastics and synthetic organic chemicals. The plant site is located at 550 Battleground Road (State Highway 134) on the east side of State Highway 134, approximately 0.5 mile north of State Highway 225 in the City of La Porte, Harris County, Texas.

DYNAMIC PRODUCTS, INC. has applied for a renewal of TNRCC Permit No. 11841-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 5,000 gallons per day. The facility is located approximately 2.0 miles south of Interstate Highway 10 and approximately 0.75 mile east of the intersection of Sheldon Road and Peninsula on the south side of Jacintoport Slip and 0.25 mile north of the Houston Ship Channel in Harris County, Texas.

CITY OF GLADEWATER has applied for a renewal of TPDES Permit No. 10433-001, which authorizes the discharge of treated water treatment filter backwash water at a daily average flow not to exceed xxx,000 gallons per day. The facility is located at 1509 East Lake Drive, 3/4 mile north of the City of Gladewater in Upshur County, Texas. The treated effluent is discharged to an unnamed tributary; thence to Glade Creek; thence to Sabine River Below Lake Tawakoni in Segment No. 0506 of the Sabine River Basin.

CITY OF GRANGER has applied for a renewal of TNRCC Permit No. 10891-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located approximately 1300 feet south of Farm-to-Market Road 971 and 1 mile east of State Highway 95 in Williamson County, Texas.

GRAPE CREEK INDEPENDENT SCHOOL DISTRICT has applied for a new permit, Proposed Permit No. 14242-001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 9,600 gallons per day via drip irrigation of 2.2 acres of school athletic field. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located 3,800 feet north of the intersection of Farm-to-Market Road 2288 and U.S. Highway 87 in Tom Green County, Texas.

HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 84 has applied for a renewal of TNRCC Permit No. 10558-001, 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 an annual average flow not to exceed 1,000,000 gallons per day. The facility is located at 16224 Bear Bayou Drive, southwest of the intersection of Bear Bayou Drive and North Avenue in the Old River Subdivision in Harris County, Texas.

INTERNATIONAL TERMINALS COMPANY which operates a petroleum and chemical for-hire bulk terminal, has applied for a major amendment to TNRCC Permit No. 01984 to remove effluent limitations and monitoring requirements for ammonia-nitrogen and organic nitrogen at storm water Outfalls 001, 003, 004, 005, 006, 008, and 009; and to relocate unconstructed Outfall 009. The current permit authorizes the discharge of storm water from tank farm areas on an intermittent and flow variable basis via Outfalls 001, 003, 004, 005, 006, 008, and 009, which will remain the same; treated industrial wastewater at a daily average flow not to exceed 273,000 gallons per day via Outfall 002, which will remain the same; and treated ballast water at a daily average flow not to exceed 50,000 gallons per day via Outfall 007, which will remain the same. The facility is located at 1943 Battleground Road, just north of the intersection of Miller Cutoff Road and State Highway 134, in the City of Deer Park, Harris County, Texas.

KINGS MANOR MUNICIPAL UTILITY DISTRICT has applied for a renewal of TNRCC Permit No. 13526-001, which 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 0.6 mile northeast of the intersection of State Highway Loop 494 and Kingwood Drive in Harris County, Texas.

CITY OF KRUM has applied for a major amendment to TPDES Permit No. 10729-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 95,000 gallons per day to a daily average flow not to exceed 247,000 gallons per day. The facility is located on the east side of North Hickory Creek, approximatly 0.6 miles southwest of the intersection of Farm-to-Market Road 156 and Farm-to-Market Road 1173 in Denton County, Texas

CITY OF LA PORTE has applied for a renewal of TPDES Permit No. 10206-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 7,560,000 gallons per day. The current permit also authorizes the disposal of treated domestic wastewater via irrigation of 187 acres. The facility is located at 1301 South 4th Street, approximately 0.5 mile southeast of the intersection of State Highway 146 and Fairmont Parkway in Harris County, Texas. The irrigation site is located on 187 acres of golf course and park land directly south of the wastewater treatment facility. The sludge disposal site is at the Baytown landfill located at 4791 Tri City Beach Road.

LOVE'S COUNTRY STORES, INC. which operates Love Country Stores No. 214, a truck stop, convenience store, and fuel service station, has applied for a renewal of Permit No. 03482, which authorizes the disposal of truck wash water, fueling wastewater, and storm water runoff from the fueling area on an intermittent and flow variable basis via evaporation. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal area are located at 12800 Horizon Boulevard, on the southeast corner of the intersection of Interstate Highway 10 and Horizon Boulevard, El Paso County, Texas.

NALCO/EXXON ENERGY CHEMICALS, L.P. has applied for a renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0008761 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 01806. The draft permit authorizes the discharge of previously monitored effluent (process wastewater, sanitary wastewater, utility wastewater, stormwater runoff, and treated groundwater) on a flow variable basis via Outfall 001, and stormwater runoff on an intermittent, flow variable basis via Outfalls 002, 003, and 004. The applicant operates an oxyalkylation plant. The plant site is located on County Road 229, approximately 1.25 miles east of the intersection of County Road 229 and Farm-To Market-Road 523, northeast of the City of Freeport in Brazoria County, Texas.

ORANGE COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 has applied for a renewal of TNRCC Permit No. 10875-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 750,000 gallons per day. The facility is located approximately 300 feet northwest of the intersection of Oak Lane and Ferndale Street in the City of Vidor in Orange County, Texas.

ROBROY INDUSTRIES-TEXAS, INC. has applied for a renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0059561 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 01052. The draft permit authorizes the discharge of non-contact cooling water, boiler blowdown and storm water runoff at a daily average flow not to exceed 225,000 gallons per day. The plant site is located at State Highway (S.H.) 271 and Dean Street, on the west side of S.H. 271 at a point approximately 1,000 feet south of its intersection with S.H. 300, in the City of Gilmer in Upshur County, Texas.

CITY OF SHALLOWATER has applied for a renewal of Permit No. 10609-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day via surface irrigation of 54 acres of non-public access agricultural land. The facility and disposal site are located southeast of the intersection of U.S. Highway 84 and Farm-to-Market Road 179, adjacent to the City of Shallowater in Lubbock County, Texas.

TEXAS MILITARY FACILITIES COMISSION has applied for renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0101214 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 13249- 001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 7,000 gallons per day. The plant site is located approximately 1/2 mile southeast of the intersection of U.S. Highway 271 and Farm-to-Market Road 2648 in Lamar County, Texas.

TEXAS-NEW MEXICO POWER COMPANY has applied for a renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0101168 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 02877. The draft permit authorizes the discharge of coal pile runoff on an intermittent and flow variable basis via Outfall 001, cooling tower blowdown and stormwater runoff at a daily maximun dry weather flow rate of 1,500,000 gallons per day via Outfall 002, and stormwater runoff on an intermittent and flow variable basis via Outfall 003. The applicant operates a lignite fired steam electric station. The plant site is located approximately one mile east of the Town of Hammond and approximately eight miles north (via State Highway 6) of the City of Calvert in Robertson County, Texas.

WEST TEXAS UTILITIES COMPANY has applied for a renewal of TNRCC Permit No. 01152, which authorizes the discharge of once through cooling water and previously monitored effluents (PMEs) at a daily average flow not to exceed 131,400,000 gallons per day via Outfall 001. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0001422 issued on May 27, 1994 and TNRCC Permit No. 01152 issued on August 30, 1993. The applicant operates the San Angelo Steam Electric Station. The plant site is located at 6465 Knickerbocker Road, approximately two miles southwest of the intersection of Knickerbocker Road and State Highway 306, in the City of San Angelo, Tom Green County, Texas.

WINDERMERE OAKS WATER SUPPLY CORPORATION has applied for a renewal of Permit No. 11694-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 40,000 gallons per day via surface irrigation of 24 acres of land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 13 miles east of the intersection of State Highway 71 and U.S. Highway 281 in Burnet County, Texas.

TRD-200102075

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: April 11, 2001

Notices of Minor Amendment

For the Period of April 9, 2001

APPLICATION. Waste Management of Texas, Inc., P.O. Box 141968, Austin, TX 78714-1968, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a minor amendment to Permit No. MSW 249C which would authorize the use of an alternate soil final cover over Subtitle D cells at the Austin Community Landfill. This Type I municipal solid waste facility is located at 9708 Giles Road in Travis County. The Executive Director of the TNRCC has prepared a draft permit which, if approved, will authorize a minor amendment to this permit under the terms described above. PUBLIC COMMENT. Written comments concerning this minor amendment may be submitted to the TNRCC, Chief Clerk's Office, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087 telephone (512) 239-3300. Comments must be received no later than 10 days from the date this notice is mailed. Written comments must include the following: (1) your name (or for a group or association, the name of an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the applicant and the permit number; and (3) the location of your property relative to the applicant's operations. INFORMATION. Individual members of the public who wish to inquire about the information contained in this notice may contact the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040.

APPLICATION. Waste Management of Texas, Inc., 1600 S. Railroad Street, Lewisville, TX 77700, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a minor amendment to Permit No. MSW 1454A which would authorize the use of an alternate final cover including geosynthetic clay liner in Sector 1, elimination of Sector 7, and reconfiguration of the final contours in Sectors 1 and 6 at the B&B Landfill. This Type I municipal solid waste facility is located 1.6 miles north of the junction of FM Road 1499 and U.S. Highway 271 on the east side of Gate 2 Road and just south of the National Guard Firing Range in Lamar County. The Executive Director of the TNRCC has prepared a draft permit which, if approved, will authorize a minor amendment to this permit under the terms described above. PUBLIC COMMENT. Written comments concerning this minor amendment may be submitted to the TNRCC, Chief Clerk's Office, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087 telephone (512) 239-3300. Comments must be received no later than 10 days from the date this notice is mailed. Written comments must include the following: (1) your name (or for a group or association, the name of an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the applicant and the permit number; and (3) the location of your property relative to the applicant's operations. INFORMATION. Individual members of the public who wish to inquire about the information contained in this notice may contact the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040.

TRD-200102077

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: April 11, 2001

Proposal for Decision

The State Office Administrative Hearing issued a Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on April 4, 2001. Executive Director of the Texas Natural Resource Conservation Commission, Petitioner v. BioTex Environmental Corporation and Teri Hada Mathis; Respondent; SOAH Docket No. 582-00-1287; TNRCC Docket No.1999-0061-MLM-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 the Proposal for Decision and Order. The comment period will end 30 days from date of publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105 TNRCC PO Box 13087, Austin Texas 78711-3087. If you have any questions or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512) 239-3317.

TRD-200102074

Doug Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: April 11, 2001

Public Utility Commission of Texas

Notice of Application for a Certificate to Provide Retail Electric Service

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on April 2, 2001, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Entergy Solutions Select Ltd. for Retail Electric Provider (REP) certification, Docket Number 23893 before the Public Utility Commission of Texas.

Applicant's requested service area includes the service area of specific transmission and distribution utilities and/or municipal utilities or electric cooperatives in which competition is offered, specifically, Entergy Arkansas, Inc.; Entergy Gulf States, Inc.; Entergy Louisiana, Inc.; Entergy Mississippi, Inc.; Entergy New Orleans, Inc.; and Entergy Solutions Ltd.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than April 27, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200101978

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 4, 2001

Notice of Application for a Certificate to Provide Retail Electric Service

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on April 4, 2001, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of FPL Energy Power Marketing, Inc. for Retail Electric Provider (REP) certification, Docket Number 23917 before the Public Utility Commission of Texas.

Applicant's requested service area is by customers.

TRD-200101986

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 5, 2001

Notice of Application of Verizon Southwest to Revise its TXG and TXC General Exchange Tariffs

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application of Verizon Southwest (Verizon) to revise its TXG and TXC General Exchange Tariffs filed on March 29, 2001. A summary of the application follows:

Docket Style and Number: Application of Verizon Southwest to Revise its TXG and TXC General Exchange Tariffs Pursuant to P.U.C. Substantive Rule §26.207 and §26.208. Docket Number 23813.

The Application: Verizon stated the purpose of the filing was to allow Verizon to charge an unauthorized provider of local exchange service the applicable tariff charges from it's General Exchange Tariff to transfer a subscriber back to Verizon:

Section 64.1140(3) of the FCC Slamming Rules (FCC-00-135) reads as follows:

"If the subscriber has been absolved of liability as prescribed in this section, the unauthorized carrier shall also be liable to the subscriber for any change required to return the subscriber to his or her properly authorized carrier, if applicable."

Verizon stated that the filing also contained language based on the FCC's Slamming Liability Rules in Docket Number 94-129 which states if an alleged unauthorized local service provider is ultimately exonerated of liability, the alleged unauthorized local service provider is entitled to receive full payment from the end user for all services provided. In such situations, any nonrecurring charges assessed against the alleged unauthorized local service provider by Verizon are subject to rebilling to the end user by the alleged unauthorized local service provider.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P. O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989.

TRD-200102062

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 11, 2001

Notice of Application Pursuant to P.U.C. Substantive Rule §26.171

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on April 3, 2001, pursuant to P.U.C. Substantive Rule §26.171 for approval to implement a minor rate change.

Tariff Title and Number: Application of Livingston Telephone Company, Inc. (Livingston) for Approval of a Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171. Tariff Number 23911.

The Application: Livingston seeks to implement minor rate changes to its tone access dialing and business, residence, tel-assistance, rotary key trunk and PBX monthly local exchange access service rates. In addition, Livingston seeks approval to remove the following obsolete services: business rural 4-party local exchange access service, residence access line local exchange access service and tel-assistance 2-party local exchange access service. This application will increase Livingston's regulated intrastate gross annual revenues by $103,713. The company proposes an effective date of August 1, 2001.

Subscribers of Livingston have a right to petition the commission for review of this proposed minor rate change by filing a protest with the commission. The protest must be signed by a minimum of 5.0%, or 1,500 of the affected local service customers, and must be received by the commission no later than July 1, 2001.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Customer Protection Division at 512-936-7120 or toll free 1-888-782-8477 on or before July 1, 2001. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at 512-936-7136. Please reference Tariff Number 23911.

TRD-200101993

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 5, 2001

Public Notice of Amendment to Interconnection Agreement

On April 3, 2001, Southwestern Bell Telephone Company and Accutel of Texas, Inc. doing business as 1-800-4-A-Phone collectively referred to as applicants, filed a joint application for approval of 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, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA). The joint application has been designated Docket Number 23903. 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 ten 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 23903. 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 May 3, 2001, 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, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888- 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23903.

TRD-200101989

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 5, 2001

Public Notice of Amendment to Interconnection Agreement

On April 3, 2001, Southwestern Bell Telephone Company and Accutel of Texas, Inc. doing business as 1-800-4-A-Phone collectively referred to as applicants, filed a joint application for approval of 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, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA). The joint application has been designated Docket Number 23904. 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 ten 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 23904. 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 May 3, 2001, 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.

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, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23904.

TRD-200101990

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 5, 2001

Public Notice of Amendment to Interconnection Agreement

On April 3, 2001, Southwestern Bell Telephone Company and TXU Communications Telecom Services Company doing business as TXU Communications collectively referred to as applicants, filed a joint application for approval of 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, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA). The joint application has been designated Docket Number 23905. 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 ten 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 23905. 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 May 3, 2001, 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.

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, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23905.

TRD-200101991

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 5, 2001

Public Notice of Amendment to Interconnection Agreement

On April 3, 2001, Southwestern Bell Telephone Company and Wes-Tex Telecommunications doing business as Westex Telecom collectively referred to as applicants, filed a joint application for approval of 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, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA). The joint application has been designated Docket Number 23906. 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 ten 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 23906. 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 May 3, 2001, 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.

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, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23906.

TRD-200101992

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 5, 2001

Public Notice of Amendment to Interconnection Agreement

On April 6, 2001, Southwestern Bell Telephone Company and Paging Professionals of Oklahoma, Inc. doing business as Protel Communications, collectively referred to as applicants, filed a joint application for approval of 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, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA). The joint application has been designated Docket Number 23939. 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 ten 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 23939. 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 May 8, 2001, 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.

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, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23939.

TRD-200102066

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 11, 2001

Public Notice of Amendment to Interconnection Agreement

On April 9, 2001, Southwestern Bell Telephone Company and 360 Communications Company, collectively referred to as applicants, filed a joint application for approval of 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, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA). The joint application has been designated Docket Number 23944. 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 ten 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 23944. 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 May 8, 2001, 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.

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, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23944.

TRD-200102067

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 11, 2001

Public Notice of Intent to File Pursuant to P.U.C. Substantive Rule §26.214

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission), of a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214

Docket Title and Number. United Telephone Company of Texas doing business as Sprint for Approval of LRIC Study for Call Waiting ID Service Pursuant to P.U.C. Substantive Rule §26.214 on or about April 19, 2001, Docket Number 23945.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 23945. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient LRIC study and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200102063

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 11, 2001

Public Notice of Interconnection Agreement

On April 4, 2001, Southwestern Bell Telephone Company and Caprock Cellular Limited Partnership, collectively referred to as applicants, filed a joint application for approval of interconnection agreement and amendment to 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, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA). The joint application has been designated Docket Number 23916. 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 interconnection agreement. Any interested person may file written comments on the joint application by filing ten 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 23916. 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 May 7, 2001, 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.

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, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23916.

TRD-200102018

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 9, 2001

Public Notice of Interconnection Agreement

On April 5, 2001, United Telephone Company of Texas, Inc., doing business as Sprint, Central Telephone Company of Texas doing business as Sprint (collectively, Sprint), and Snappy Phone of Texas, Inc., collectively referred to as applicants, filed a joint application for approval of 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, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA). The joint application has been designated Docket Number 23934. 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 interconnection agreement. Any interested person may file written comments on the joint application by filing ten 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 23934. 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 May 8, 2001, 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.

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, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23934.

TRD-200102065

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 11, 2001

Public Notice of Interconnection Agreement

On April 6, 2001, Southwestern Bell Telephone Company and New Access Communications, LLC, collectively referred to as applicants, filed a joint application for approval of interconnection agreement and amendment to 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, Chapters 52 and 60 (Vernon 1998 & Supplement 2001) (PURA). The joint application has been designated Docket Number 23940. 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 interconnection agreement. Any interested person may file written comments on the joint application by filing ten 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 23940. 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 May 8, 2001, 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.

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, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 23940.

TRD-200102064

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 11, 2001

Public Notice of Workshop Regarding Service and Transition Issues when Telecommunications Carriers File for Bankruptcy Protection

The Public Utility Commission of Texas (commission) will hold a workshop regarding service and transition issues when telecommunications carriers file for bankruptcy protections on Friday, April 27, 2001, at 9:30 a.m.. in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 23948, Proceeding Relating to Service and Transition Issues when Telecommunications Carriers File for Chapter 7 or 11 Bankruptcy Protection , has been established for this proceeding. With the increase in bankruptcy filings by telecommunications carriers, the commission, with the help of the telecommunications industry, hopes to develop and implement a process to ensure that customers are not left without service(s) and, where applicable, are seamlessly transitioned.

This notice is not a formal notice of proposed rulemaking; however, the workshop will assist the commission in developing policy or determining the necessity for a related rulemaking.

The commission requests that persons planning on attending the workshop register by phone or e-mail with Patrick Tyler, Legal Division, (512) 936-7282 or patrick.tyler@puc.state.tx.us. Questions concerning the workshop or this notice should also be referred to Patrick Tyler. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200102083

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 11, 2001

Request for Comments Regarding Customer Proprietary Network Information and Substantive Rule §26.122

The Public Utility Commission of Texas (commission) established Project Number 22490, Review of P.U.C. Subst. R. 26.122 Regarding Customer Proprietary Network Information , to amend commission Substantive Rule §26.122, Customer Proprietary Network Information (CPNI). The proposed amendments will incorporate the changes made by the Federal Communications Commission (FCC) under 47 CFR 64, Telecommunications Carrier's Use of CPNI. The FCC final rules were published in the Federal Register in January 2001.

The commission asks that interested parties file comments addressing the questions below. Some of these questions are being re-issued in light of 47 CFR 64. If the parties have previously responded to the re-issued questions, their responses will still be considered unless the parties desire to supplement their responses.

1. Please provide an analysis of 47 CFR 64, the FCC rules on Telecommunications Carriers' Use of Customer Propriety Network Information (CPNI). Specifically, identify sections of 47 CFR 64 that affect §26.122 and those sections that still contravene the decision in U.S. West, Inc., v. Federal Communication Commission , Number 98-9518, 199 (10th Circuit, August 18, 1999).

2. Please comment on and propose language to revise §26.122 to be consistent with 47 CFR 64, and any other effective federal rules regarding CPNI. Specifically, comment on the following sections of §26.122:

a. §26.122(c)(1), regarding optional extended area calling plans;

b. §26.122(d)(1)(B), regarding customer premises equipment (CPE) and information services, including call answering, voice mail or messaging, voice storage, and retrieval services, and fax storage and retrieval services;

c. §26.122(d)(1)(C), identity and tracking of customers;

d. §26.122(d)(1)(D), regarding winback;

e. §26.122(f), regarding notifications through oral and written methods;

f. §26.122(g), regarding software safeguards; and

g. any other provisions of §26.122.

Responses may be filed by submitting 16 copies within 30 days of the date of publication of this notice to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. All responses should reference Project Number 22490. The parties' responses to the questions will assist the commission in developing a commission policy and determining the needed changes to the existing rule.

Questions concerning this notice should be referred to Steven Pamintuan, Policy Development Division, at (512) 936-7257. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200102019

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 9, 2001

Sam Houston State University

Consultant Contract Award

Sam Houston State University (SHSU), in accordance with provisions of Government Code, §2254.030, announces the awarding of a consultant contract to a consulting firm based in Washington, D.C. The solicitation for proposals was published in the February 23, 2001 issue of the Texas Register (Volume 26, TexReg 1795).

The consultant will represent and assist the University in developing a project, the Criminal Research Information Management Evaluation System (CRIMES), deemed important to the University.

One proposal was received in response to this solicitation for proposals. The proposal was from G & H International Services LLC, 1747 Pennsylvania Avenue NW, Washington, D.C. 20006-4604.

The consultant awarded the contract was: G & H International Services LLC, 1747 Pennsylvania Avenue NW, Washington, D.C. 20006-4604.

The consultant contract begins April 1, 2001 and ends March 31, 2002 with the option to renew. The fee estimate is $18,000, excluding expenses.

Reports and documents will be submitted as required.

TRD-200102048

Dr. B.K. Marks

President

Sam Houston State University

Filed: April 10, 2001

South East Texas Regional Planning Commission

Request for Proposal for Network Update

The South East Texas Regional Planning Commission-Metropolitan Planning Organization (SETRPC-MPO) is in the process of updating the JOHRTS MTP-2025 and requires the assistance of a Consultant to update the roadway attributes for the 2007, 2017, and 2025 networks for the JOHRTS travel demand model.

Updating the travel demand model for the JOHRTS area will involve the following major tasks:

• Collection of proposed roadway improvement projects in the JOHRTS area from 2000 to 2025.

• Development and implementation of a QC/QA process for all coded projects and network years.

• Coding of proposed roadway improvements into their appropriate network years according to TxDOT standards.

• Submission of all completed network years in TRANPLAN, TRANSCAD, and GIS shapefile format.

• Development of the network annotation files for the conformity analysis component of the MTP according to TxDOT standards.

• Formal presentations of each network year to MPO staff and the JOHRTS Technical Committee.

• Creation of a short report on the network update for informational purposes.

Specific descriptions of each task to be completed by the Consultant are listed below:

Review of all network years from the JOHRTS travel demand model and development of a QC/QA methodology.

This task will make the Consultant familiar with coding difficulties and previous revisions to the networks in the JOHRTS travel demand model. Specifically, the Consultant should consult with the MPO staff on their experiences with updating the 1997 base year and review the 2007, 2017, and 2025 network years from the current travel demand model. Potential coding problems should be identified and communicated to the MPO staff before starting any revisions to the networks.

Upon its review of the networks, the Consultant must develop a QC/QA methodology to ensure that all revisions are accurately coded. The QC/QA methodology must include a series of checks to test the integrity and accuracy of the coded network and to verify node and link specific attributes. Highway paths will be checked through the use of techniques such as shortest path evaluation and comparison of estimated travel times between node pairs. The MPO and TxDOT must approve the proposed QC/QA methodology before the Consultant starts to code the projects into the networks.

Collection and Evaluation of Roadway Improvements Proposed for Construction from 2000 to 2025 in the JOHRTS area.

The purpose of this task is to identify, collect, and analyze proposed transportation projects for the JOHRTS area. The Consultant is responsible for ensuring that all relevant projects are identified and correctly coded into the appropriate network years.

Specific subtasks include:

• Collection and analysis of roadway improvement projects in the current JOHRTS MTP-2025, 2000-2002 TIP, 2002-2004 TIP, TxDOT's Unified Transportation Plan, and other appropriate long-range transportation plans/comprehensive plans in the JOHRTS area. Capital Works Programs or City Budgets can be used as substitutes in the absence of more appropriate materials at the city level. Projects scored and ranked in the latest project selection process must be included as part of this task. Information on construction time and funding availability for each project must be collected in order to accurately program projects into their appropriate network years.

• The Consultant must ensure that the proposed roadway improvements construction schedule has received the approval of city and state officials and MPO staff. Interviews with these agencies to collect project information and review projects should be conducted with MPO staff present.

Coding of proposed roadway improvements into their appropriate network years.

Once all local agencies have agreed to their respective project construction schedules, and TxDOT and the MPO approve the QC/QA methodology, the Consultant may proceed to code the projects into their respective network years. The coding scheme used by Consultant staff must follow TxDOT network coding formats. Note that draft versions of the networks must be made available for review by MPO staff in TRANSCAD format. All projects and network years must be checked for accuracy using the QC/QA methodology developed in consultation with TxDOT and MPO staff.

Formal presentations of each network to MPO staff and the JOHRTS Technical Committee.

The Consultant will be required to present each completed network year to the MPO staff and the JOHRTS Technical Committee and discuss all the projects shown on the network, other coding issues, and their QC/QA of the network.

Submission of all networks to the MPO.

Once TxDOT approves the revised networks, the Consultant must forward four (4)copies of the networks the MPO on compact disk. Each disk must contain one copy of each network year in TRANPLAN, TRANSCAD, and GIS shapefile format.

Report on the Network Update.

The Consultant is also required to develop a short report, no longer than twenty (20) pages (excluding the appendix). The report should be in the following format and include, at a minimum, the information described below. Note that the format and information listed in the report can be revised upon request.

Introduction: This section should describe the purpose of the contract, names of the persons involved, and a copy of the project timeline.

Network Development: Should briefly describe network development, including information sources, coding techniques, and each step in the update process. Problems encountered during the network update should be identified, with a brief explanation of how they were resolved.

QC/QA Methodology: This section should include a detailed explanation of the methodology used by the Consultant. Discrepancies highlighted during the QC/QA process should be identified and briefly discussed.

Recommendations: This section should mention any recommendations that the Consultant has regarding future updates. This may include staff training, new resources or software, and other information that the Consultant feels would assist the MPO in future network updates.

Appendix: The Consultant must provide a Project Annotation Listing in a format previously agreed to by MPO staff. type-name="bold">An electronic copy of the project annotation listing must be provided to the MPO for its conformity documentation.

Final Products

The following products must be submitted to the MPO by the end of the contract.

(1) Four (4) compact disks, each containing copies of the final 1997, 2007, 2017, and 2025 networks for the JOHRTS area in TRAN PLAN, TRANSCAD, and GIS shapefile format.

(2) Presentations of each network year to the MPO staff and the JOHRTS Technical Committee. Note that the MPO may request a final presentation at the end of the update.

(3) Three (3) copies of the report on the network update, including an additional copy of the report in electronic format.

(4) An electronic copy of the Project Annotation Listing in a format previously agreed to by MPO staff.

Contact: Bob Dickinson, Director, Transportation Programs and Environmental Resources, South East Texas Regional Planning Commission, at (409) 727-2384, 3501 Turtle Creek Drive, Port Arthur, Texas 77642.

Closing Dates: If your firm is interested and qualified to update the travel demand model for the JOHRTS area, please contact our office either via letter addressed to Bob Dickinson, South East Texas Regional Planning Commission, 3501 Turtle Creek Drive, Port Arthur, Texas, 77642 or via fax at (409) 729-6511 to express your interest. All responding firms will receive a complete Request for Proposal package. Final proposals will be due by 12 noon CST on Friday, June 1, 2001.

Proposals will be reviewed by a technical sub-committee based on Consultant Selection Criteria included in the Request for Proposal package mailed to interested parties.

TRD-200102042

Chester R. Jourdan

Executive Director

South East Texas Regional Planning Commission

Filed: April 10, 2001

Texas Department of Transportation

Notice of Award

In accordance with Government Code, Chapter 2254, Subchapter B, the Texas Department of Transportation publishes this notice of a consultant contract award for providing rural transit planning services. The request for consultant services was published in the Texas Register on December 15, 2000 (25 TexReg 12541).

The consultant will provide a management review and develop a five year development plan for ten rural transit agencies. These plans are due by March 31, 2002.

Contract #51151F7099, Austin. The consultant for these services is: Peter Schauer Associates, 25220 Highland School Road, Boonville, Missouri 65233. The total value of the contract is $350,000 and the contract period started on March 30, 2001, and will continue until March 31, 2002.

TRD-200102030

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: April 9, 2001

Public Notice-Record of Decision

FHWA-TX-EIS-97-01-F; U.S. 190 CORRIDOR FROM FM 2657 TO THE; EAST CITY LIMITS OF COPPERAS COVE; CORYELL AND LAMPASAS COUNTIES, TEXAS

DECISION

Based on the U.S. 190 Corridor Major Investment Study/Final Environmental Impact Statement (MIS/FEIS), the Green Alternative (Alternative G) has been selected as the appropriate course of action for the construction of the U.S. 190 Reliever Route.

As summarized in Section 8.1.2.3 of the FEIS, the Green Alternative would result in the fewest environmental impacts of any of the build alternatives such as the fewest number of relocations (six households) and reduced impacts to vegetative areas. In addition, the Green Alternative would improve aesthetics due to the alternative crossing the end of the valley between two hills referred to as the "Saddle" and Sevenmile Mountain. From an engineering perspective, the Green alignment presents the best means of conforming to the terrain by minimizing the depths of cuts and lengths and heights of bridged sections. The projected construction cost of $53 million is also the lowest as compared to the other two alternatives (Yellow and Blue).

As described in Sections 2.2.3.2 and 8.1.2.3 and on Figure 2.2-8 of the FEIS, the Green Alternative is a 10.5 kilometer (km) (6.5 mile) new location roadway that follows a generally east/west alignment departing from existing U.S. 190 just west of FM 2657 and north of the Rolling Hills residential area at its western terminus to the eastern terminus where the proposed roadway merges with existing U.S. 190 just east of the Copperas Cove City Limit in Coryell County, Texas. This alternative would consist of a combination of alternating four-lane parkway and freeway sections. The freeway sections will include one-way frontage roads, which will have two travel lanes in each direction. The parkway sections will not include frontage roads. In addition, there are eight elevated sections associated either with the Green Alternative or crossing roadways. One of the bridged sections on the Green Alternative is over Clear Creek and includes frontage roads; the remaining elevated sections do not include frontage roads.

The selection of the Green Alternative occurred as a result of a multi-phased MIS/NEPA process that involved input from the Technical Team, the Policy Work Group and members of the public. The Technical Team and Policy Work Group included representatives from the FHWA, TxDOT, the consulting team, local officials, and the public. Letters of support from the Central Texas Council of Governments, the Copperas Cove Economic Development Corporation, and the City of Copperas Cove are included in Appendix 1 of the MIS/FEIS. A public hearing on the proposed project was held on November 5, 1998 in Copperas Cove, Texas, with approximately 250 persons in attendance. The summary and analysis of views along with the public hearing transcript are included in Appendix 5 of the FEIS. Other public involvement information is included in Appendices 6 and 7. In addition, the project is included in the current approved federally required Metropolitan Transportation Plan (MTP) and in the State Transportation Improvement Program (STIP) and Transportation Improvement Program (TIP). The planning and project development process is described in Section 1.2.4 of the MIS/FEIS.

ALTERNATIVES CONSIDERED

No-build Alternative --U.S. 190 is the principal arterial roadway in the Copperas Cove area, serving both regional and local travel requirements. Existing regional travel (trips that begin and end outside the Copperas Cove area) accounts for about 6,600 vehicles per day (vpd). Local travel ranges from 5,300 vpd near the western city limits to 35,400 vpd east of Avenue D (FM 1113). These traffic volumes are projected to increase by approximately 35% by the design year of 2020. The segment of U.S. 190 through Copperas Cove experienced approximately 800 accidents per 100 million miles of vehicle travel in 1996. This was over three times higher than the 1996 statewide rate of 263 accidents per year per 100 million vehicle-miles of travel. The segment of U.S. 190 between Old Copperas Cove Rd. on the east and F.M. 116 south of U.S. 190 on the west currently operates at a Level of Service (LOS) E to F during peak hours. This represents an unacceptable level of congestion along most of U.S. 190's length through the Copperas Cove area as referred to in Section 1.1.3.1 of the FEIS. These conditions are expected to deteriorate without actions to address the problem.

This alternative would leave the current transportation network to handle future demand. The No-build Alternative could not alleviate the traffic increases on the already strained capacity of existing U.S. 190. Thus, the No-build Alternative is not considered a viable alternative.

The Blue Alternative (Alternative B) --This alternative is 11.2 km (6.9 miles) long and is the longest of the three primary build alternatives. Although the Blue Alternative has the same western and eastern termini as the other build alternatives, its alignment differs from the other build alternatives as it traverses the project area. The biggest difference in the alignment is that it travels much further south than either Alternative G or Y. As a result, the Blue Alternative crosses Clear Creek to the south of the South Meadow Addition residential area. From the bridge over Clear Creek, the alignment curves to the northeast, running south of and avoids the landmark hills known as the "Saddle." It then proceeds through the middle of the valley between Sevenmile Mountain and the "Saddle" on a long bridge structure. After the Blue Alternative ascends Sevenmile Mountain it continues northeast along the same alignment as the other build alternatives to the existing U.S. 190, just east of Old Copperas Cove Road.

The Green Alternative (Alternative G) --This is the preferred alternative and it is 10.5 km (6.5 miles) long, and is the shortest of the three primary build alternatives. This alignment proceeds east from the existing U.S. 190 toward FM 3046 and FM 116. From east of FM 116, the Green Alternative curves northeast through a cut in the northern face of the local landmark known as the "Saddle." It continues to the northeast on a bridged section located on the north rim of the valley between Sevenmile Mountain and the "Saddle." It then continues northeast to the existing U.S. 190, just east of Old Copperas Cove Road.

The Yellow Alternative (Alternative Y) --This alternative is 10.6 km (6.6 miles) long. Like the Green Alternative, the Yellow Alternative proceeds east from existing U.S. 190 toward FM 3046 and FM 116. However, the alignment differs from the Green Alternative by traveling in a slight northeasterly direction between FM 3046 and FM 116. After crossing FM 116 this alignment curves slightly to the southeast, passing between the two hills known locally as the "Saddle." It then follows a northeasterly course on an elevated section across the valley between Sevenmile Mountain and the "Saddle." From Sevenmile Mountain to its eastern terminus, this alignment follows the same route as the other primary build alternatives, continuing in a northeast direction to the existing U.S. 190, just east of Old Copperas Cove Road.

Construction of any of the build alternatives would divert a portion of existing and future increased level of traffic. Any of the build alternatives would improve mobility on existing U.S. 190 by reducing traffic congestion and providing a reliable, efficient alternative. Public safety would be positively affected regardless of which alternative was selected, by providing an enhanced high speed alternative to existing U.S. 190 for emergency vehicles, peace officers, and civilian and military personnel at Fort Hood.

The above information on all of the alternatives considered was provided to the public through a series of public meetings held in Copperas Cove on March 7, 1996 (100 attendees), July 18, 1996 (120 attendees), and April 17, 1997 (100 attendees). Media/Press packages were assembled for each public meeting. A Policy Work Group consisting of local stakeholders met six times throughout the course of the project from January 9, 1995 through November 16, 1998. In addition, a toll free telephone number was provided in media releases, project newsletters, and public meetings to allow the public direct access to express comments on the project. A total of five (5) newsletters were published and distributed to as many as 800 addresses. Area elected and public officials were routinely notified and encouraged to participate in the process. As previously stated, a public hearing was also held on November 5, 1998 in Copperas Cove.

Based on the Major Investment Study and the subsequent alternatives analysis for U.S. 190 in Copperas Cove, the Green Alternative was designated as the Preferred Alternative from an engineering perspective, a mobility perspective, and an environmental perspective. The Green Alternative would produce the fewest negative impacts and the most positive benefits for the people and environment of Lampasas and Coryell Counties. From an engineering perspective the Green Alternative is favored because it is the most financially constrained of the build alternatives. The Green Alternative's lower cost is directly related to its shorter length and the number and length of bridges. In terms of mobility, the Green Alternative would have the greatest positive impacts to traffic on existing U.S. 190. It will also add the fewest vehicle miles traveled among the build alternatives. As a result, the Green Alternative would generate the greatest public safety benefits of any of the alternatives. The Green Alternative also generates the fewest environmental impacts. Due to its shorter length, the Green Alternative would result in the conversion of the smallest area of land to transportation uses of all of the build alternatives. In addition, the Green Alternative would result in the fewest residential relocations of the build alternatives. It also provides the lowest impact on local aesthetics due to its shorter bridged sections and shallower limestone cut sections. The Green Alternative would also generate the fewest impacts to vegetative areas. The preferred alignment's impacts to wildlife would be less than other alternatives because it is closer to densely populated urban subdivisions than either the Yellow or Blue Alternative. As a result of the above-mentioned benefits, the Green Alternative would accommodate anticipated traffic demand and provide for a safe and efficient transportation system.

U.S ARMY--FORT HOOD

Section 5.1.2 and Table 5.1-1 describe land use impacts for all three build alternatives. The Fort Hood land use impacts are equivalent for all proposed build alternatives. Approximately 88 hectares (217 acres) of military land will be taken in the form of an easement. This area is in a part of the base that is approved for conversion to enhance their existing transportation network. As noted in their April 20, 2000 letter of support (Appendix 1-116), the U. S. Army--Fort Hood has worked closely with Federal Highway Administration and Texas Department of Transportation on this Major Investment Study and Environmental Impact Statement for Transportation Improvements in the U.S. 190 Corridor in Copperas Cove, Texas.

SECTION 4(f)

A Section 4(f) evaluation is not required because the Green Alternative will not involve the taking of any parkland or other Section 4(f) properties.

MEASURES TO MINIMIZE HARM

All practicable measures to minimize harm have been incorporated into the FEIS. These measures are summarized below. A complete discussion of these measures is included in Section 8.4 of the FEIS.

The Green Alternative will result in the relocation of 6 households (2 residences and 1 fourplex), 3 businesses, and 1 church. This alternative would result in 3 to 14 fewer relocations than the Yellow and Blue Alternatives. TxDOT in accordance with the provisions of the Civil Rights Act of 1964, the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the Housing and Urban Development Act of 1974 will provide relocation assistance. No disproportionately high or adverse effects on the human health or environment or minority or low-income population will result. No distinct neighborhoods or ethnic groups will be isolated.

Noise and visual impacts from the project will be minor. The mainlanes between FM 116 and FM 3046 interchanges will be depressed and will reduce noise and visual impacts to nearby neighborhoods. Landscaping would be provided along the selected alignment, especially along parkway areas.

The construction of the U.S. 190 reliever route will conform to TxDOT and FHWA specifications and guidelines regarding drainage design. "State of the art" containment and capture facilities to protect against any spill of hazardous waste or contaminated runoff from the highway in sensitive areas will be included in the project design.

Pursuant to a Memorandum of Understanding (MOU) with the Texas Parks and Wildlife Department, TxDOT will replace mixed deciduous woodlands (as described in Table 3.9-3 of the FEIS) impacted by the construction of the U.S. 190 relief route at an acreage ratio of 1:1, with actual replacement acreage to be determined based upon the final roadway schematic. Trees will be replaced within the right-of-way in areas where vehicular safety considerations allow. Exact locations will be decided during the final design phase.

Informal consultation under Section 7 of the Endangered Species Act took place between TxDOT and the U.S. Fish and Wildlife Service (USFWS). Based upon this coordination and findings documented (see in the FEIS section 5.9.4 and Appendix 1-114), the USFWS reached a "may affect, but not likely to adversely impact golden-cheeked warbler and black-capped vireo populations" ruling under Section 7 of the Endangered Species Act regarding the impacts of the Green Alternative.

The Green Alternative will disturb more than 2 hectares (5 acres) of land and will, therefore, require compliance with the EPA National Pollutant Discharge Elimination System General Permit for Industrial Activity. This includes preparation of a Stormwater Pollution Prevention Plan (SW3P) and the use of Best Management Practices (BMPs) to control erosion during construction.

Approximately six crossings of minor drainages would occur in association with the Green Alternative. Five of these jurisdictional crossings will impact less than 0.10 acre and would not require notification to the U. S. Army Corps of Engineers (USACE). No wetlands will be impacted. The proposed crossing at Turkey Run (Crossing #11 on Plate 2-2 in Appendix 3 of the FEIS) would impact approximately 0.23 acre and would require a pre-construction notification to the USACE. Final permitting for this project will be accomplished by TxDOT when more definite site plans are completed and prior to authorization for construction.

The hydraulic design practices for this project will be in accordance with current TxDOT and Federal Highway Administration design policy and standards. The roadway facility will be designed to accommodate a 100-year flood, inundation of the roadway being acceptable.

Background studies indicate that archeological sites may be present within each of the alignment alternatives, but the types of sites that would be present will be similar. No one alternative has a higher probability of site presence. Archeological surveys and subsequent coordination by TxDOT with the Texas Historical Commission (THC) will be completed for the preferred alternative prior to construction. FHWA and TxDOT shall complete that coordination with the THC and ACHP in accordance with FHWA's Programmatic Agreement (PA). Should discovery of other, potentially important, sites be inadvertently discovered during construction, FHWA and TxDOT shall also coordinate those sites with the THC in accordance with the PA.

There are no historic standing properties listed or eligible for listing in the National Register of Historic Places (NHRP). A copy of the State Historic Preservation Officer's concurrence letter is included in Appendix 1-115 of the FEIS.

A plan of action prepared during project development to address environmental concerns related to the City of Copperas Cove's closed landfill (located within the Green Alternative's right-of-way) was approved in a letter from the Texas Natural Resource Conservation Commission (TNRCC) dated April 25, 1997. The proposed plan of action is described below and is included in Sections 5.12.2 and 5.12.3 of the FEIS.

MONITORING OR ENFORCEMENT PROGRAM

TxDOT and other appropriate State, Federal and local agencies to ensure compliance, will monitor all commitments and conditions of approval stated in the FEIS. These commitments and conditions are discussed in "Section 8.4 Environmental Permitting and Mitigation Issues" of the FEIS.

Below is a description of the necessary steps, plans, and methodologies to be implemented prior to and during the construction of the proposed reliever route. The following paragraphs address the necessary steps to be taken assuming that the contents of the landfill consist only of municipal solid waste material.

1) A site plan of the landfill that shows the area that will be affected by excavation/construction related activities and the fill areas will be prepared. In general, the excavation of the waste material from the right-of-way will be accomplished using conventional excavation equipment, i.e., excavator with bucket and/or clamshell and dump trucks. Details of the complete methodology for the excavation will be prepared prior to commencement of work.

2) Detailed site plans and structural details of the location of the proposed footprint of the reliever route and any structures associated with the construction on the landfill site will be prepared. These plans and details will only address features within the proposed right-of-way. All plans developed for this project will be submitted to TNRCC for review.

3) A calculation sheet shall be prepared and submitted showing total volume of waste to be excavated and relocated from the right-of-way during construction activities. A cut and fill plan will be prepared using the data attained from the subsurface investigation performed. Excavated materials from the right-of-way will be redeposited on site and then properly capped with a clay liner. Any excess waste will be disposed at an approved landfill, and a copy of an agreement/contract showing that disposal of excavated materials at the facility has been approved at the landfill will be provided for documentation. All plans will be submitted to TNRCC for review.

4) Notification shall be given to the public, adjacent landowners, and local emergency officials regarding waste excavation and relocation activities. Also, TNRCC Region 9 office, located in Waco, shall be notified prior to the beginning of waste excavation and relocation activities. Methods for notification prior to the start of each waste relocation event shall be specified and coordinated with the appropriate parties involved. Methods for notification to the public and adjacent landowners, etc. prior to waste relocation will be prepared and approved by TNRCC prior to excavation activities.

5) A Contingency Plan will be prepared to address weather conditions, handling of nuisance odors and air monitoring during the course of construction.

6) A Daily Cover Plan will be prepared prior to excavation activities. The plan will be submitted to TNRCC for approval prior to start of construction.

7) A leachate and contaminated water plan will be prepared and approved by TNRCC to address containment and handling of rainfall surface run-off from the active working face in the event of inclement weather and leachate generated by excavation of the waste. All rainfall surface run-off from the active face will be disposed of at a permitted facility.

8) If waste is exposed in the sidewalls of the excavation, then appropriate liners will be constructed to cap the exposed surfaces. If this is the case, then a Soil and Liner Quality Control Plan (SLQCP) will be developed in accordance with 30 Texas Administrative Code (TAC) Section §330.205. Soils and Liner Evaluation Report (SLER) will be prepared and submitted in accordance with 30 TAC §330.206.

9) Nuisance odor control measures will be implemented at the site to minimize the effect of waste relocation on the operation of local businesses, adjacent property owners, and the general public using appropriate routes of transportation in the vicinity of the site. The measures may include, but not be limited to, spraying of exposed waste and/or application of soil cover to the exposed waste surfaces to minimize odors and the attraction of vectors. A plan will be developed to control air pollution related problems describing measures to be taken in the event of occurrence of objectionable odors. This plan will be submitted to TNRCC for review.

10) The site will be monitored with on-site combustible gas detection equipment. The conditions will be monitored to ensure that concentration of methane gas (CH ₄ ) does not exceed Lower Explosive Limit (LEL), 5% methane by volume in air. A comprehensive Health and Safety Plan will be prepared.

11) Appropriate engineering controls will be implemented to reduce the likelihood of ponding water occurring in the operational areas. A detailed drainage control plan will be prepared and reviewed by TNRCC.

12) Windblown waste and litter will be controlled in accordance with 30 TAC §330.120.

13) A construction schedule showing dates and time of day that work in the landfill area will take place shall be prepared.

14) If believed to be necessary, a weather monitoring station will be established at the site. Measurements of meteorological parameters such as wind speed, wind direction, temperature, and wind chill, if necessary, shall be taken hourly and recorded during each waste relocation event.

15) Air monitoring shall be performed at the site on a daily basis during each waste relocation event. The ambient air shall be monitored for the presence of Hydrogen Sulfide (H ₂ S), Methane (CH ₄ ), Carbon Dioxide (CO ₂ ), and Oxygen (O2 ). Air monitoring will be performed using direct reading instruments and readings shall be documented on a daily basis. The site engineer is to determine whether to continue waste relocation activities using direct readings of the instruments. Air monitoring will be performed downwind from the designated relocation area. Procedures for air monitoring and sampling, as necessary, will be outlined in the Health and Safety Plan.

16) During each waste relocation event, a status report of work activities, quantity of waste relocated, air monitoring results, and any anticipated problems that might arise as a result of changing weather conditions will be submitted to the TNRCC for review and documentation purposes. These status reports will be submitted on a weekly basis during each waste relocation event.

17) The excavated waste that is redeposited on site will be covered with a cap consisting of 24" of soil, 18" of SC or CL clay and 6" of topsoil.

18) Post-Closure Care Maintenance, as necessary, will be performed in accordance with §330.254.

Extensive coordination with the EPA and TNRCC relative to the remediation of the Green Alternative right-of-way where it passes through the closed municipal landfill will be necessary. Specific permitting and mitigation actions for the landfill or hazardous material sites are not anticipated for this project. No comments regarding hazardous materials site impacts were received from resource agencies.

COMMENTS ON FINAL EIS

No comments were received on the Final EIS.

CONCLUSION

Based on the MIS/FEIS, the selected alternative is the Green Alternative (Alternative G). The Green Alternative and its associated impacts are summarized in Section 8.0 of the MIS/FEIS.

TRD-200102069

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: April 11, 2001

University of Houston

Consultant Contract Award Notice

In compliance with the provision of Chapter 2254, Subchapter B, Texas Government Code, The University of Houston furnishes this notice of consultant contract award. The consultant will provide services in developing a quality management program using the Malcolm Baldridge National Quality Award (MBNQA) excellence criteria for performance in order to improve its custom responsiveness, employee performance and morale, and overall contribution to the University computing needs. Requests for proposals were filed in the February 5, 2001 issue of the Texas Register .

The contract was awarded to Charles R. Asbury, 1307 Copper Court, Richmond, Texas 77469, for a total amount of $40,000.

The beginning date of the contract is April 3, 2001 and the ending date is October 1, 2001.

For further information, please call (713) 743-1612.

TRD-200102031

Dennis P. Duffy

General Counsel

University of Houston

Filed: April 9, 2001