TITLE in-addition

Texas Department of Agriculture

Notice of Public Hearings

The Texas Department of Agriculture (the department) will hold two public hearings on Thursday, July 20, 2001, to take public comment on proposed amendments to its Boll Weevil Eradication Program rules found at 4 Texas Administrative Code, Chapter 3, Subchapter E., concerning the establishment of the Upper Coastal Bend Boll Weevil Eradication Zone. The proposal will be published in the July 13, 2001, issue of the Texas Register . The hearings will be held as follows:

beginning at 9:00 a.m., at the Jackson County Services Building Auditorium, 411 N. Wells, Edna, Texas; and

beginning at 1:00 p.m., at the El Campo Civic Center, 2305 N. Mechanic (Bus. Hwy. 71 & FM 2765), El Campo, Texas.

For more information, please contact , John McFerrin, Producer Relations Specialist, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas, 78711 (512)463-7593.

TRD-200103812

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: July 3, 2001

Texas Commission on Alcohol and Drug Abuse

Public Hearings

The Texas Commission on Alcohol and Drug Abuse (Commission), through its Regional Advisory Consortia, will hold public hearings in each Health and Human Services region to solicit input on its Strategic Plan, Statewide Service Delivery Plan, and intended use of block grant. Comments will be directed to the long-term goals of the agency and how to best coordinate and deliver substance abuse related services.

Public hearings have been scheduled for the following dates, times and places:

Friday, August 17, 2001, 2 p.m. - 4 p.m., Regional Training and Development Complex, 1530 South Southwest Loop 323, Tyler, Texas 75701. The telephone number is (903) 510-2900.

Friday, August 10th, 2001, 10 a.m. - noon, Texarkana College Levi Hall Room of the Student Center, 2500 North Robinson Road Texarkana, Texas 75599. The telephone number is (903) 838-4541.

September 14, 2001, 1:30 p.m. - 3:30 p.m., Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105, Austin, Texas 78753-5233. The telephone number is (800) 832-9623.

September 20, 2001, 5 p.m. - 7 p.m., Foundation for South East Texas, 700 North Street, Beaumont, Texas. The telephone number is (409) 833-5775.

Wednesday, August 22, 2001, 6:30 p.m. - 8:30 p.m., Cesar Chavez Academy, 7814 Alameda Street, El Paso, Texas, 79915. The telephone number is (915) 434-9627.

August 24, 2001, 2 p.m. - 4 p.m., Houston Council on Alcohol and Drug Abuse, 303 Jackson-Hill Houston, Texas, 77007. The telephone number is (713) 942-4100.

Friday, October 5, 2001, 1 p.m. - 3 p.m., Taylor County Plaza Building, 400 Oak Street, Stone Wall Room, 4th floor, Abilene, Texas, 79602. The telephone number is (915) 795-4242.

Friday, October 12, 2001, 7 p.m. - 9 p.m., The Patrician Movement, 222 E. Mitchell Street, San Antonio, Texas, 78210. The telephone number is (210) 532-3126.

Representatives from the Commission will be present to explain the planning process and members of the Regional Advisory Consortium along with Commission staff will be present to consult with and receive comments from interested citizens and affected groups. All written and oral comments will be considered in preparation of the Strategic Plan, Statewide Services Delivery Plan, and Block Grant Application.

Spanish-language interpreters and interpreters for the hearing impaired will be provided upon request. Please contact Erika Vicinaiz at (800) 832-9623, extension 6633 ten working days prior to the public hearing to request these services. If you are an individual with a disability and need reasonable accommodation, please notify the commission ten days in advance of the hearing date for accommodations to be made.

The Commission and its Regional Advisory Consortia in Region 9 of the Health and Human Services Commission held a public hearing on July 11, 2001 at the Permian Basin Regional Planning Commission, 2910 La Force Blvd., Midland, Texas. The public hearing began at 11:00am and ended at 1:00pm.

Additional information may be obtained by contacting the Texas Commission on Alcohol and Drug Abuse, Belinda Williams or Erika Vicinaiz at (800) 832-9623, extension 6650 or 6633.

TRD-200103818

Karen Pettigrew

General Counsel

Texas Commission on Alcohol and Drug Abuse

Filed: July 3, 2001

Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. Requests for federal consistency review were received for the following projects(s) during the period of June 22, 2001, through June 28, 2001. The public comment period for these projects will close at 5:00 p.m. on August 6, 2001.

FEDERAL AGENCY ACTIONS:

Applicant: Yuma E & P Company, Inc.; Location: The project is located in State Tract (ST) 49 in Trinity Bay, Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Umbrella Point, Texas. Approximate UTM Coordinates: Easting: 324000; Northing: 3283500. CCC Project No.: 01-0229-F1; Description of Proposed Action: The applicant proposes to install a shell pad and structures for drilling the State Tract 49 No. 1 Well. Approximately 1,493 cubic yards of shell will be required to construct a 210-foot by 64-foot by 3-foot pad. The pad will impact an area approximately 0.3-acre in size. All structures will be marked/lighted in accordance with U.S. Coast Guard regulations. Type of Application: This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act.

Applicant: Victoria County Navigation District; Location: The project is located at the Port of Victoria, Victoria County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Bloomington, Texas. Approximate UTM Coordinates: Zone 14; Easting: 698114; Northing: 3175203. CCC Project No.: 01-0230-F1; Description of Proposed Action: The applicant proposes to enlarge the existing turning basin and barge canal. There will be no wetland impacts associated with the amendment. Type of Application: This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899.

Applicant: Hall's Bayou Ranch, Inc.; Location: The project is located in Carancahua Bayou at its confluence with the Gulf Intracoastal Waterway (GIWW) north of West Galveston Bay in Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Sea Isle, Texas. Approximate UTM Coordinates: Zone 15; Easting: 304100; Northing: 3236300. CCC Project No.: 01-0233-F1; Description of Proposed Action: The applicant requests authorization to place fill material at the opening of Carancahua Bayou at the point where it empties into the GIWW. The opening measures approximately 15 feet wide. Water depth at the opening ranges from -1 foot to -3 feet mean sea level. The applicant proposes to raise the elevation at the opening to + 3-feet mean sea level in order to connect an existing levee road. Two 30-inch diameter culverts with flashboard risers will also be installed at this location for drainage. The fill and water control structure is necessary to restore and preserve inland marsh areas located inland within the Hall's Bayou Ranch. The applicant wishes to restore several brackish marsh habitats within the ranch boundaries to fresh water marshes. The proposed water control structure will serve to reduce salt-water intrusion into these inland marshes. It is estimated that up to 2,000 acres of fresh water marsh habitat would be restored and ultimately preserved as a result of this project. Type of Application: This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act.

Applicant: Khang Bui; Location: The project is located in the Port Arthur Canal on State Highway 82 on Pleasure Island in Jefferson County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Port Arthur South, Texas. Approximate UTM Coordinates: Zone 15; Easting: 411500; Northing: 3292900. CCC Project No.: 01-0234-F1; Description of Proposed Action: The applicant proposes to modify Department of the Army Permit 20391 to increase dock facilities by adding three barges. The barges will be stabilized with steel pilings. Type of Application: This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899.

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.

Further information for the applications listed above may be obtained from Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495, or diane.garcia@glo.state.tx.us. Comments should be sent to Ms. Garcia at the above address or by fax at (512) 475-0680.

TRD-200103814

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: July 3, 2001

Comptroller of Public Accounts

Notice of Intent to Amend Contract

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) furnishes this notice of intent to amend a consultant contract.

Effective December 10, 1998, the Comptroller, acting on behalf of the Texas Prepaid Higher Education Tuition Board, and Watson Wyatt Investment Consulting, Inc. (Consultant) entered into a contract for investment consulting services. The initial term of the contract was from December 10, 1998 through December 10, 1999. The contract was renewed from December 10, 1999 through December 10, 2000, from December 10, 2000 through January 9, 2001, and from January 10, 2001 through January 10, 2002. The Comptroller issues this notice of its intent to amend the contract by increasing the total amount paid to the Consultant under the contract from $315,000.00 to $425,000.00. Total payments under the contract, including all renewal periods, shall not exceed $425,000.00.

For further information, contact John C. Wright, Assistant General Counsel, Contracts, 111 E. 17th St., Room G-24, Austin, Texas 78774, telephone number (512) 305-8673; fax (512) 475-0973, or by e-mail at contracts@cpa.state.tx.us.

TRD-200103715

William Clay Harris

Assistant General Counsel

Comptroller of Public Accounts

Filed: June 29, 2001

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Sections 303.003 and 303.009, Tex. Fin. Code.

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 07/09/01 - 07/15/01 is 18% for Consumer 1 /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the period of 07/09/01 - 07/15/01 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-200103811

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: July 3, 2001

Texas Department of Criminal Justice

Notice of Contract Award

The Texas Department of Criminal Justice on behalf of the Internal Audit Division, publishes this notice of a contract award to the Institute of Internal Auditors, 249 Maitland, Altamonte Springs, Florida 32701. Notice of a Request for Qualifications to secure the services of a qualified reviewer to perform an independent external peer review was published in the March 30, 2001, edition of the Texas Register (26 TexReg 2556). This contract was awarded in accordance with the requirements in Chapter 2254, Subchapter A, Texas Government Code.

The contract number is 696-AO-1-1-C0164. Services will include a review of necessary documentation, audit reports, working papers and interviews with professional staff to support a formal written report completed by August 31, 2001. The total cost for the contract is not to exceed $35,000. The term of the contract is June 26, 2001 through August 31, 2001.

TRD-200103742

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: July 2, 2001

General Land Office

Notice of Approval of Coastal Boundary Survey

Pursuant to §33.136 of the Natural Resources Code, notice is hereby given that David Dewhurst, Texas Land Commissioner, approved a coastal boundary survey, submitted by Shiner Moseley and Associates, Inc., conducted from December 7, 2000 to January 12, 2001, locating the following shoreline boundary:

Beginning at the west end of the Galveston seawall extending approximately 19 miles west-southwest to Point San Luis in Galveston County, Texas.

For a copy of this survey or more information on this matter, contact Ben Thomson, Director, Survey Division, Texas General Land Office at (512) 463-5212.

TRD-200103817

Larry R. Soward

Chief Clerk

General Land Office

Filed: July 3, 2001

General Services Commission

Notice to Bidders

NOTICE TO BIDDERS - NTB 01-011-582, Reroofing and Roof Related Work, TNRCC Facilities, Austin, Texas

SEALED BIDS WILL BE RECEIVED BY THE GENERAL SERVICES COMMISSION (GSC), FACILITIES CONSTRUCTION & SPACE MANAGEMENT DIVISION (FCSM) FOR CONSTRUCTION OF PROJECT NO. 01-011-582, Reroofing and Roof Related Work, 12100 Park 35 Circle, Austin, Texas 78753. Sealed bids will be received until 3:00 P.M. on Thursday, August 2, 2001. HUB Subcontracting Plans are due by 3:00 P.M. on Friday, August 3, 2001. At that time, HUB Subcontracting Plans will be reviewed and, if found to be complete and responsive, the Bid will be opened and read.

The approximate total cost for contract: 01-011-582, Reroofing and Roof Related Work is approximately $700,000.

Bid & HUB Subcontracting Plan Receipt Location: General Services Commission/FCSM will receive bids at the main reception desk at Room 180, Bid Tabulation or, if mailed or shipped, Room 176, Mail Room, Central Services Building, 1711 San Jacinto, Austin, Texas 78701. If items are to be mailed or shipped, please note on the envelope(s) what it is enclosed, the bid, the HUB plan, or both. Delivery of the bid and the HUB plan at the date and time specified above is the sole responsibility of the bidder.

Contractor Qualifications: Contractors should submit information to FCSM on GSC's Contractor's Qualifications Form, which can be obtained from FCSM by calling (512) 463-3417. It should be submitted as soon as possible, but no later than 5:00 p.m. on Thursday, July 26, 2001 (a week prior to bid opening) to document compliance with contractor's qualification requirements for each project. Information is to be used in determining if a contractor is qualified to receive a contract award for the project. A favorable review by FCSM of contractor qualification statements is required prior to opening bid proposals.

Good Faith Effort for use of Historically Underutilized Businesses (HUB): GENERAL SERVICES COMMISSION HAS DETERMINED THAT THE WORK TO BE PERFORMED UNDER THIS CONTRACT INCLUDES SUBCONTRACTING OPPORTUNITIES. THEREFORE, A HUB SUBCONTRACTING PLAN WILL BE REQUIRED. THE COMPLETED HUB SUBCONTRACTING PLAN MUST BE SUBMITTED AS PART OF THE CONTRACTOR'S PROPOSAL, OR THE PROPOSAL WILL BE REJECTED AS NON-RESPONSIVE. Prime Contractors are required to perform a Good Faith Effort in providing HUB firms with an opportunity to participate in the bid and construction process. General Services Commission's goal for HUB participation in Building Construction projects is 26.1% of the total contract. Mrs. Bettie Simpson, telephone (512) 463-3232, with General Services Commission can assist in this process by providing lists of approved HUB firms and other sources for identifying HUB firms in the area. A listing of HUB firms is available on the web at www.gsc.state.tx.us and other web sites, see the Project Manual.

Bid Documents: Plans and specifications are available for prime contractors from EDIS OLIVER & ASSOCIATES, 4412 Spicewood Springs Road, Suite 203, AUSTIN, TEXAS 78766, (512) 342-0102, Fax: (512) 342-0104, upon delivery of a refundable deposit of $50.00 per set. Bid documents will be available for review at the FCSM office, 1711 San Jacinto, Suite 202, Austin, Texas 78701, the engineer's office and the Plan Rooms of Associated General Contractors, F. W. Dodge Corporation, the Builder's Exchange of Texas, the Associated Builder's and Contractors, the Hispanic Contractors Association, in Austin and San Antonio, Texas.

Pre-Bid Conference: There will be MANDATORY Pre-Bid Conference on Tuesday, July 10, 2001 at 10:00 A.M., at the Texas Natural Resources Conservation Commission office, 12100 Park 35 Circle, Austin, Texas 78753. Meet at the front lobby in Building "A" to receive further instructions. A non-mandatory walk through of the project site will be conducted at 1:00 P.M. on the same day.

BIDS ARE TO BE MADE IN ACCORDANCE WITH STATE PROCEDURES.

TO BE RUN IN: The Austin American-Statesman, San Antonio Express-News

ONE TIME: Monday, July 2, 2001

http://www.marketplace.state.tx.us/1380/bid_show.cfm?bidid=32443

TRD-200103721

Cynthia Hill

Acting General Counsel

General Services Commission

Filed: June 29, 2001

Texas Department of Health

Notice of Uranium Byproduct Material License Amendment Five on Exxon Mobil Corporation

The Texas Department of Health (department) gives notice that it has amended uranium by-product material license L01431 issued to Exxon Mobil Corporation (mailing address: 3225 Gallows Road, Room 8B312, Fairfax, Virginia 22037-0001). Amendment five changes the company name, changes mailing address, names Mark E. Hoffman as Radiation Safety Officer, and removes the deadline for completion of cleanup activities, outside of the impoundments restricted area, while the department reviews the licensee's proposed closure plan.

The department's Bureau of Radiation Control, Division of Licensing, Registration and Standards has determined, pursuant to 25 Texas Administrative Code (TAC), Chapter 289, that the licensee has met the standards appropriate to this amendment.

This notice affords the opportunity for a public hearing upon written request by a person affected by the amendment of this license. A written hearing request must be received, from a person affected, within 30 days from the date of publication of this notice in the Texas Register . A person affected is defined as a person who demonstrates that the person has suffered or will suffer injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to the county, in which radioactive material is or will be located; or (b) doing business or has a legal interest in land in the county or adjacent county.

A person affected may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license amendment will remain in effect.

A public hearing, if requested, shall be conducted in accordance with the provisions of Texas Health and Safety Code, §401.264, the Administrative Procedure Act (Texas Government Code, Chapter 2001), the formal hearing procedures of the department (25 Texas Administrative Code, §1.21. et seq.), and the procedures of the State Office of Administrative Hearings (1 Texas Administrative Code, Chapter 155).

Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the amendment of this specific radioactive material license may be obtained by contacting Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189; e-mail: Chrissie.Toungate@tdh.state.tx.us; by calling (512) 834-6688; or by visiting 8407 Wall Street, Austin, Texas.

TRD-200103768

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 2, 2001

Notice of Uranium Byproduct Material License Amendment Four on USX, Texas Uranium Operations

The Texas Department of Health (department) gives notice that it has amended uranium by-product material license L02449 issued to USX, Texas Uranium Operations (mailing address: USX, Texas Uranium Operations, Drawer V, George West, Texas 78022). Amendment four, deletes survey requirements for which there are no longer any sources of contamination present on site, and following receipt of concurrence from the United States Nuclear Regulatory Commission, removes the 28.2 acres Pawlik Production Area from the license.

The department's Bureau of Radiation Control, Division of Licensing, Registration and Standards has determined, pursuant to 25 Texas Administrative Code (TAC), Chapter 289, that the licensee has met the standards appropriate to this amendment.

This notice affords the opportunity for a public hearing upon written request by a person affected by the amendment of this license. A written hearing request must be received, from a person affected, within 30 days from the date of publication of this notice in the Texas Register . A person affected is defined as a person who demonstrates that the person has suffered or will suffer injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to the county, in which radioactive material is or will be located; or (b) doing business or has a legal interest in land in the county or adjacent county.

A person affected may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license amendment will remain in effect.

A public hearing, if requested, shall be conducted in accordance with the provisions of Texas Health and Safety Code, §401.264, the Administrative Procedure Act (Texas Government Code, Chapter 2001), the formal hearing procedures of the department (25 Texas Administrative Code, §1.21. et seq.), and the procedures of the State Office of Administrative Hearings (1 Texas Administrative Code, Chapter 155).

Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the amendment of this specific radioactive material license may be obtained by contacting Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189; e-mail: Chrissie.Toungate@tdh.state.tx.us; by calling (512) 834-6688; or by visiting 8407 Wall Street, Austin, Texas.

TRD-200103763

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 2, 2001

Notice of Uranium Byproduct Material License Amendment Seven on URI, Inc.

The Texas Department of Health (department) gives notice that it has amended uranium by-product material license L03653 issued to URI, Inc. (mailing address: URI, Inc., 650 Edmonds Lane, Suite 108, Lewisville, Texas 75067). Amendment seven reassigns the 000 site Radiation Safety Officer (RSO) to sites 001, 002, and 003, and reassigns the 001, 002, and 003 sites RSO to site 000.

The department's Bureau of Radiation Control, Division of Licensing, Registration and Standards has determined, pursuant to 25 Texas Administrative Code (TAC), Chapter 289, that the licensee has met the standards appropriate to this amendment.

This notice affords the opportunity for a public hearing upon written request by a person affected by the amendment of this license. A written hearing request must be received, from a person affected, within 30 days from the date of publication of this notice in the Texas Register . A person affected is defined as a person who demonstrates that the person has suffered or will suffer injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to the county, in which radioactive material is or will be located; or (b) doing business or has a legal interest in land in the county or adjacent county.

A person affected may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license amendment will remain in effect.

A public hearing, if requested, shall be conducted in accordance with the provisions of Texas Health and Safety Code, §401.264, the Administrative Procedure Act (Texas Government Code, Chapter 2001), the formal hearing procedures of the department (25 Texas Administrative Code, §1.21. et seq.), and the procedures of the State Office of Administrative Hearings (1 Texas Administrative Code, Chapter 155).

Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the amendment of this specific radioactive material license may be obtained by contacting Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189; e-mail: Chrissie.Toungate@tdh.state.tx.us; by calling (512) 834-6688; or by visiting 8407 Wall Street, Austin, Texas.

TRD-200103761

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 2, 2001

Notice of Uranium Byproduct Material License Amendment Seven on USX, Texas Uranium Operations

The Texas Department of Health (department) gives notice that it has amended uranium by-product material license L02449 issued to USX, Texas Uranium Operations (mailing address: USX, Texas Uranium Operations, Drawer V, George West, Texas 78022). Amendment seven, at the licensee's request, following concurrence survey by department personnel, releases the Clay West and Moser wellfield patterns area for unrestricted use while awaiting United States Nuclear Regulatory Commission concurrence on removal from the license.

The department's Bureau of Radiation Control, Division of Licensing, Registration and Standards has determined, pursuant to 25 Texas Administrative Code (TAC), Chapter 289, that the licensee has met the standards appropriate to this amendment.

This notice affords the opportunity for a public hearing upon written request by a person affected by the amendment of this license. A written hearing request must be received, from a person affected, within 30 days from the date of publication of this notice in the Texas Register . A person affected is defined as a person who demonstrates that the person has suffered or will suffer injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to the county, in which radioactive material is or will be located; or (b) doing business or has a legal interest in land in the county or adjacent county.

A person affected may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license amendment will remain in effect.

A public hearing, if requested, shall be conducted in accordance with the provisions of Texas Health and Safety Code, §401.264, the Administrative Procedure Act (Texas Government Code, Chapter 2001), the formal hearing procedures of the department (25 Texas Administrative Code, §1.21. et seq.), and the procedures of the State Office of Administrative Hearings (1 Texas Administrative Code, Chapter 155).

Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the amendment of this specific radioactive material license may be obtained by contacting Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189; e-mail: Chrissie.Toungate@tdh.state.tx.us; by calling (512) 834-6688; or by visiting 8407 Wall Street, Austin, Texas.

TRD-200103764

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 2, 2001

Notice of Uranium Byproduct Material License Amendment Three on Cogema Mining, Inc.

The Texas Department of Health (department) gives notice that it has amended uranium by-product material license L03024 issued to Cogema Mining, Inc. (mailing address: Cogema Mining, Inc., P.O. Box 228, Bruni, Texas 78334). Amendment three, at the licensee's request, following concurrence survey by Texas Department of Health personnel, releases the E-1, E-2, H-2 and H-3 wellfield patterns area for unrestricted use while awaiting United States Nuclear Regulatory Commission concurrence on removal from the license.

The department's Bureau of Radiation Control, Division of Licensing, Registration and Standards has determined, pursuant to 25 Texas Administrative Code (TAC), Chapter 289, that the licensee has met the standards appropriate to this amendment.

This notice affords the opportunity for a public hearing upon written request by a person affected by the amendment of this license. A written hearing request must be received, from a person affected, within 30 days from the date of publication of this notice in the Texas Register . A person affected is defined as a person who demonstrates that the person has suffered or will suffer injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to the county, in which radioactive material is or will be located; or (b) doing business or has a legal interest in land in the county or adjacent county.

A person affected may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license amendment will remain in effect.

A public hearing, if requested, shall be conducted in accordance with the provisions of Texas Health and Safety Code, §401.264, the Administrative Procedure Act (Texas Government Code, Chapter 2001), the formal hearing procedures of the department (25 Texas Administrative Code, §1.21. et seq.), and the procedures of the State Office of Administrative Hearings (1 Texas Administrative Code, Chapter 155).

Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the amendment of this specific radioactive material license may be obtained by contacting Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189; e-mail: Chrissie.Toungate@tdh.state.tx.us; by calling (512) 834-6688; or by visiting 8407 Wall Street, Austin, Texas.

TRD-200103766

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 2, 2001

Notice of Uranium Byproduct Material License Amendment Three on Exxon Mobil Corporation

The Texas Department of Health (department) gives notice that it has amended uranium by-product material license L01431 issued to Exxon Mobil Corporation (mailing address: 3225 Gallows Road, Room 8B312, Fairfax, Virginia 22037-0001). Amendment three deletes or modifies references and conditions relating to certain expired authorizations and license conditions, and replaces the Senior Staff Engineer of Exxon Coal and Minerals Company with Len M. Racioppi as the Radiation Safety Officer.

The department's Bureau of Radiation Control, Division of Licensing, Registration and Standards has determined, pursuant to 25 Texas Administrative Code (TAC), Chapter 289, that the licensee has met the standards appropriate to this amendment.

This notice affords the opportunity for a public hearing upon written request by a person affected by the amendment of this license. A written hearing request must be received, from a person affected, within 30 days from the date of publication of this notice in the Texas Register . A person affected is defined as a person who demonstrates that the person has suffered or will suffer injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to the county, in which radioactive material is or will be located; or (b) doing business or has a legal interest in land in the county or adjacent county.

A person affected may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license amendment will remain in effect.

A public hearing, if requested, shall be conducted in accordance with the provisions of Texas Health and Safety Code, §401.264, the Administrative Procedure Act (Texas Government Code, Chapter 2001), the formal hearing procedures of the department (25 Texas Administrative Code, §1.21. et seq.), and the procedures of the State Office of Administrative Hearings (1 Texas Administrative Code, Chapter 155).

Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the amendment of this specific radioactive material license may be obtained by contacting Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189; e-mail: Chrissie.Toungate@tdh.state.tx.us; by calling (512) 834-6688; or by visiting 8407 Wall Street, Austin, Texas.

TRD-200103767

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 2, 2001

Notice of Uranium Byproduct Material License Amendment Three on USX, Texas Uranium Operations

The Texas Department of Health (department) gives notice that it has amended uranium by-product material license L02449 issued to USX, Texas Uranium Operations (mailing address: USX, Texas Uranium Operations, Drawer V, George West, Texas 78022). Amendment three deletes or modifies references and conditions relating to certain expired authorizations and, at the licensee's request, following concurrence survey by department personnel, releases the Boots/Brown wellfield patterns area for unrestricted use while awaiting United States Nuclear Regulatory Commission concurrence on removal from the license.

The department's Bureau of Radiation Control, Division of Licensing, Registration and Standards has determined, pursuant to 25 Texas Administrative Code (TAC), Chapter 289, that the licensee has met the standards appropriate to this amendment.

This notice affords the opportunity for a public hearing upon written request by a person affected by the amendment of this license. A written hearing request must be received, from a person affected, within 30 days from the date of publication of this notice in the Texas Register . A person affected is defined as a person who demonstrates that the person has suffered or will suffer injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to the county, in which radioactive material is or will be located; or (b) doing business or has a legal interest in land in the county or adjacent county.

A person affected may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license amendment will remain in effect.

A public hearing, if requested, shall be conducted in accordance with the provisions of Texas Health and Safety Code, §401.264, the Administrative Procedure Act (Texas Government Code, Chapter 2001), the formal hearing procedures of the department (25 Texas Administrative Code, §1.21. et seq.), and the procedures of the State Office of Administrative Hearings (1 Texas Administrative Code, Chapter 155).

Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the amendment of this specific radioactive material license may be obtained by contacting Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189; e-mail: Chrissie.Toungate@tdh.state.tx.us; by calling (512) 834-6688; or by visiting 8407 Wall Street, Austin, Texas.

TRD-200103762

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 2, 2001

Notice of Uranium Byproduct Material License Amendment Two on Cogema Mining, Inc.

The Texas Department of Health (department) gives notice that it has amended uranium by- product material license L03024 issued to Cogema Mining, Inc. (mailing address: Cogema Mining, Inc., P.O. Box 228, Bruni, Texas 78334). Amendment two provides a deadline for completion of reclamation activities to conditions that will allow for unrestricted use of the property consistent with its original use.

The department's Bureau of Radiation Control, Division of Licensing, Registration and Standards has determined, pursuant to 25 Texas Administrative Code (TAC), Chapter 289, that the licensee has met the standards appropriate to this amendment.

This notice affords the opportunity for a public hearing upon written request by a person affected by the amendment of this license. A written hearing request must be received, from a person affected, within 30 days from the date of publication of this notice in the Texas Register . A person affected is defined as a person who demonstrates that the person has suffered or will suffer injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to the county, in which radioactive material is or will be located; or (b) doing business or has a legal interest in land in the county or adjacent county.

A person affected may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756- 3189. Any request for a hearing must contain the name and address of the person who considers himself affected by agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license amendment will remain in effect.

A public hearing, if requested, shall be conducted in accordance with the provisions of Texas Health and Safety Code, §401.264, the Administrative Procedure Act (Texas Government Code, Chapter 2001), the formal hearing procedures of the department (25 Texas Administrative Code, §1.21. et seq.), and the procedures of the State Office of Administrative Hearings (1 Texas Administrative Code, Chapter 155).

Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the amendment of this specific radioactive material license may be obtained by contacting Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3189; e-mail: Chrissie.Toungate@tdh.state.tx.us; by calling (512) 834-6688; or by visiting 8407 Wall Street, Austin, Texas.

TRD-200103765

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 2, 2001

Texas Department of Insurance

Insurer Services

Application for admission to the State of Texas by PLANET INDEMNITY COMPANY, a foreign fire and casualty company. The home office is in Peoria, Illinois.

Application to change the name of CHRYSLER INSURANCE COMPANY to DAIMLERCHRYSLER INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Southfield, Michigan.

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-200103813

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: July 3, 2001

Texas Natural Resource Conservation Commission

Enforcement Orders

An agreed order was entered regarding GENICO DISTRIBUTORS, INC. DBA JUMPIN JOHN'S, Docket No. 1999-1049-PST-E on June 12, 2001 assessing $44,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting JOSHUA OLSZEWSKI, Staff Attorney at (512) 239-3645, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ALADDIN CAR WASH, INC. , GENICO DISTRIBUTORS, INC. AND VILLAGE CAR WASH, INC., Docket No. 1999-0178-PST-E on June 12, 2001 assessing $27,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting JOSHUA OLSZEWSKI, Staff Attorney at (512) 239-3645, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ADVANTAGE BLASTING & COATING, INC., Docket No. 2000-1037-AIR-E on June 12, 2001 assessing $7,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512) 239-6122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding INDUSTRIAL MODELS, INC., Docket No. 2000-1372-AIR-E on June 12, 2001 assessing $5,000 in administrative penalties with $1,000 deferred.

Information concerning any aspect of this order may be obtained by contacting MELINDA HOULIHAN, Enforcement Coordinator at (817) 588-5868, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TURBINE CHROME SERVICES, INC., Docket No. 2000-0981-AIR-E on June 12, 2001 assessing $3,600 in administrative penalties with $720 deferred.

Information concerning any aspect of this order may be obtained by contacting TEL CROSTON, Enforcement Coordinator at (512) 239-5717, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SUPERIOR LAWN SERVICE, INC., Docket No. 2000-1447-AIR-E on June 12, 2001 assessing $1,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting LAURA CLARK, Enforcement Coordinator at (409) 899-8760, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MARBLE MASTERS OF TEXAS, INCORPORATED, Docket No. 2001-0045-AIR-E on June 12, 2001 assessing $3,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting SHEILA SMITH, Enforcement Coordinator at (512) 239-1670, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding LANE SUPPLY COMPANY, INCORPORATED, Docket No. 2000-0977-AIR-E on June 12, 2001 assessing $5,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TEL CROSTON, Enforcement Coordinator at (512) 239-5717, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MCKENNA MEMORIAL HOSPITAL, Docket No. 2000-1234-EAQ-E on June 12, 2001 assessing $900 in administrative penalties with $180 deferred.

Information concerning any aspect of this order may be obtained by contacting REBECCA CLAUSEWITZ, Enforcement Coordinator at (210) 403-4012, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding G.B.N.C., INCORPORATED, Docket No. 1999- 1502-AIR-E on June 12, 2001 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting KELLY MEGO, Staff Attorney at (713) 422-8916, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding LAGARY DIXSON DBA EXPRESS AUTO KARE, Docket No. 2000-0161-AIR-E on June 12, 2001 assessing $625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting KELLY MEGO, Staff Attorney at (713) 422-8916, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CRAIG KOODA DBA KOODA EXTERIORS, Docket No. 1999-1233-LII-E on June 12, 2001 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting KELLY MEGO, Staff Attorney at (713) 422-8916, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF ANGUS, Docket No. 2000-0381- MWD-E on June 12, 2001 assessing $15,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512) 239-6122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding GENE DANIELSON, Docket No. 2000-0705- MWD-E on June 12, 2001 assessing $6,875 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting LAURIE EAVES, Enforcement Coordinator at (512) 239-4495, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding WEST HOUSTON AIRPORT CORPORATION, Docket No. 2000-0709-MWD-E on June 12, 2001 assessing $18,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting LAURIE EAVES, Enforcement Coordinator at (512) 239-4495, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding WEST HARDIN COUNTY CONSOLIDATED INDEPENDENT SCHOOL DISTRICT, Docket No. 2000-0963-MWD-E on June 12, 2001 assessing $6,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512) 239-6122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding W-INDUSTRIES, INC., Docket No. 2000-1188- MWD-E on June 12, 2001 assessing $2,000 in administrative penalties with $400 deferred.

Information concerning any aspect of this order may be obtained by contacting CATHERINE ALBRECHT, Enforcement Coordinator at (713) 767-3672, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF THORNTON, Docket No. 2000-0658- MWD-E on June 12, 2001 assessing $8,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting SHERRY SMITH, Enforcement Coordinator at (512) 239-0572, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF DAISETTA, Docket No. 2000-0971- MWD-E on June 12, 2001 assessing $8,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting CATHERINE ALBRECHT, Enforcement Coordinator at (713) 767-3672, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding AQUASOURCE, INC., Docket No. 1999-1532- MWD-E on June 12, 2001 assessing $52,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting SHERRY SMITH, Enforcement Coordinator at (512) 239-0572, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF BUFFALO, Docket No. 2000-1253- MWD-E on June 12, 2001 assessing $1,500 in administrative penalties.

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

A default order was entered regarding DOUGLAS J. SMITH, SR., Docket No. 2000- 0624-OSI-E on June 12, 2001 assessing $250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting LAURENCIA FASOYIRO, Staff Attorney at (713) 422-8914, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MR. AKRAM RHANI DBA P.T. CONOCO, Docket No. 2000-1455-PST-E on June 12, 2001 assessing $1,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting JUDY FOX, Enforcement Coordinator at (817) 588-5825, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding VISTA STORES LLC, Docket No. 2000-1113- PST-E on June 12, 2001 assessing $2,700 in administrative penalties with $540 deferred.

Information concerning any aspect of this order may be obtained by contacting BILL DAVIS, Enforcement Coordinator at (512) 239-6793, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding HARRY GARBAR DBA S & J STORES, Docket No. 1999-0538-PST-E on June 12, 2001 assessing $4,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting ELISA ROBERTS, Staff Attorney at (817) 583-5777, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MRS. ROSA EISSLER LEE DBA BLUEBERRY HILL MOBILE HOME ESTATES, Docket No. 2000-0997-PWS-E on June 12, 2001 assessing $1,313 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting CAROL MCGRATH, Enforcement Coordinator at (361) 825-3275, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding THALIA WATER SUPPLY CORPORATION, Docket No. 2000-1237-PWS-E on June 12, 2001 assessing $2,188 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting SUBHASH JAIN, Enforcement Coordinator at (512) 239-5867, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF PAMPA, Docket No. 2000-1097- PWS-E on June 12, 2001 assessing $19,775 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512) 239-6122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding OUR WATER SUPPLY CORPORATION, Docket No. 2000-1294-PWS-E on June 12, 2001 assessing $313 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting SHAWN HESS, Enforcement Coordinator at (806) 468-0502, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ALVIN KIDD & MITCHELL KIDD DBA OLD WEST MOBILE HOME PARK, Docket No. 2000-0849-PWS-E on June 12, 2001 assessing $313 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting SUBHASH JAIN, Enforcement Coordinator at (512) 239-5867, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CORBET WATER SUPPLY CORPORATION, Docket No. 2000-0829-PWS-E on June 12, 2001 assessing $4,063 in administrative penalties.

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

An agreed order was entered regarding CASEY DEVELOPMENT COMPANY LC AND CARL H. CASEY AND D.M. CASEY, Docket No. 2000-0936-PWS-E on June 12, 2001 assessing $750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting GARY SHIPP, Enforcement Coordinator at (806) 796-7092, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CAMP LONGHORN CAPITAL, INC., Docket No. 2001-0055-PWS-E on June 12, 2001 assessing $180 in administrative penalties with $36 deferred.

Information concerning any aspect of this order may be obtained by contacting DAVID VANSOEST, Enforcement Coordinator at (512) 239-0468, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding GULSHAN ENTERPRISES INC. DBA HANDI PLUS NO. 18, Docket No. 2000-1335-PWS-E on June 12, 2001 assessing $1,750 in administrative penalties with $350 deferred.

Information concerning any aspect of this order may be obtained by contacting ELVIA MASKE, Enforcement Coordinator at (512) 239-0789, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding AUGUSTIN VALENCIANA DBA DON BALTA'S RESTAURANT, Docket No. 1998-0981-PWS-E on June 12, 2001 assessing $4,343 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting VICTOR JOHN SIMONDS, Staff Attorney at (512) 239-6201, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding DAISY GODBEY DBA CREATIVE KIDS EXPRESS CHILD CARE, Docket No. 1999-0808-PWS-E on June 12, 2001 assessing $4,063 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting SCOTT MCDONALD, Staff Attorney at (817) 588-5888, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding THAN MAI CHAU DBA HANDI PLUS #47, Docket No. 2000-0009-PWS-E on June 12, 2001 assessing $4,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting LAURENCIA FASOYIRO, Staff Attorney at (713) 422-8914, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200103718

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: June 29, 2001

Notice of Application and Preliminary Decision for a Municipal Solid Waste Permit

For The Period of June 22, 2001

APPLICATION. The City of El Paso has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a permit (Proposed Permit No. MSW 2284) to authorize a new Type I municipal solid waste disposal facility. The proposed site covers approximately 311.3 acres and will provide 217.4 acres for landfilling purposes. The facility is located approximately a quarter mile north of the intersection at IH-10 and Farm to Market Road 1110 in El Paso County, Texas. This application was submitted to the TNRCC on February 1, 2000. The TNRCC executive director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision to issue this draft permit. The permit application, executive director's preliminary decision, and draft permit are available for viewing and copying at the City of El Paso Department of Solid Waste Management at 7969 San Paulo Drive, El Paso, Texas, in El Paso County. MAILING LISTS. You may ask to be placed on a mailing list to obtain additional information regarding this application by sending a request to the Office of the Chief Clerk at the address below. You may also ask to be on a county-wide mailing list to receive public notices for TNRCC permits in the county. PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request a public meeting about this application. The purpose of a public meeting is to provide the opportunity to submit comment or to ask questions about the application. The TNRCC will hold a public meeting if the executive director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing. You may submit additional written public comment to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, Texas 78711-3087 within 30 days from the date of newspaper publication of this notice. OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public comments, the executive director will consider the comments and prepare a response to all relevant and material or significant public comments. The response to comments, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments or who requested to be on a mailing list for this application. If comments are received, the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the executive director's decision. A contested case hearing is a legal proceeding similar to a civil trial in a state district court. A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised during the public comment period and not withdrawn. Issues that are not raised in public comments may not be considered during a hearing. EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval of the application unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the executive director will not issue final approval of the permit and will forward the application and requests to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. INFORMATION. If you need more information about this permit application or the permitting process, please call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TNRCC can be found at our web site at www.tnrcc.state.tx.us. Further information may also be obtained from the City of El Paso Department of Solid Waste Management at 7969 San Paulo Drive, El Paso, Texas, in El Paso County, or by calling the City Offices at (915) 621-6700.

TRD-200103719

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: June 29, 2001

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

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The TNRCC staff proposes a DO when the staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is August 13, 2001 . The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed DOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on August 13, 2001 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the TNRCC in writing .

(1) COMPANY: Curiel Aggregates and Materials, Inc.; DOCKET NUMBER: 2000-0877-AIR-E; TNRCC ID NUMBER: EE-2160-G; LOCATION: Township Line Road, Horizon, El Paso County, Texas; TYPE OF FACILITY: aggregate processing and distribution yard, (site); RULES VIOLATED: 30 TAC §116.110(a) and §106.142(3) and Texas Health and Safety Code (THSC), §382.0518(a) and §382.085(b), by failing to obtain a permit for a rock crusher serving a hot mix asphalt plant located at the site and by failing to satisfy the conditions of a standard exemption by having no water spray system at the rock crusher, shaker screens or belt transfer points of the plant; §116.110(a) and §106.512(1) and THSC, §385.0518(a) and §382.085(b), by failing to obtain a permit or satisfy the conditions of a standard exemption for a generator located at the site's hot mix asphalt plant; §116.110(a) and §106.142(6) and THSC, §382.0518(a) and §382.085(b), by failing to obtain a permit or satisfy the conditions of a standard exemption for a second rock crusher at the site; PENALTY: $15,000; STAFF ATTORNEY: Dwight Martin, Litigation Division, MC 175, (512) 239-0682; REGIONAL OFFICE: El Paso Regional Office, 401 E. Franklin Ave., Ste. 560, El Paso, Texas 79901- 1206, (915) 834-4949.

(2) COMPANY: Equiva Services, L.L.C.; DOCKET NUMBER: 2000-1436-IHW-E; TNRCC ID NUMBER: 35845; LOCATION: 1121 Springdale Road, Austin, Travis County, Texas; TYPE OF FACILITY: industrial hazardous waste clean-up site at East Austin Tank Farm; RULES VIOLATED: Texas Water Code (TWC), §26.121, by causing, allowing, or permitting the discharge of waste or pollutants into or adjacent to waters of the state without specific authorization; Provision 3 of the Texas Water Commission Agreed Order issued on April 22, 1992, by failing to modify the Facility Interim Corrective Action Plan, or Corrective Action Plan to prevent off-site migration; or submit proof that areas of contamination were not in any way attributable to facility operations, within 90 days of confirmation of the presence of off-site contamination; Provision 4 of the Texas Water Commission Agreed Order issued on April 22, 1992, by failing to follow the approved Facility Corrective Action Plan, which called for site-wide recovery of 39 gallons per minute; PENALTY: $700,000; STAFF ATTORNEY: Victor Simonds, Litigation Division, MC 175, (512) 239-6201; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Dr., Ste. 150, Austin, Texas 78758-5336, (512) 339-2929.

(3) COMPANY: Frank Castillo dba Galvanized International; DOCKET NUMBER: 2000-0095- AIR-E; TNRCC ID NUMBER: CD-0355-C; LOCATION: 149 Lincoln Avenue, Port Isabel, Cameron County, Texas; TYPE OF FACILITY: transportation equipment painting and sandblasting; RULES VIOLATED: 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by failing to obtain a permit or satisfy the conditions of a permit exemption prior to operating and sandblasting operation; PENALTY: $3,000; STAFF ATTORNEY: Elisa Roberts, Litigation Division, MC R-4, (817) 588-5877; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Ave., Harlingen, Texas 78550-5247, (956) 425-6010.

(4) COMPANY: Gary Cameron; DOCKET NUMBER: 1999-0688-OSI-E; TNRCC ID NUMBER: 229-434; LOCATION: Spurger, Tyler County, Texas; TYPE OF FACILITY: operator authorized to construct, install, alter or repair on-site sewage facilities, (OSSF); RULES VIOLATED: 30 TAC §285.30(f), by failing to install a system which meets the minimum standards of an OSSF; §285.58(a)(10), by failing to return to the site and work on the OSSF without cause for 30 consecutive days; §285.20(6), by failing to pay the reinspection fee; PENALTY: $1,500; STAFF ATTORNEY: Troy Nelson, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Fwy., Beaumont, Texas 77703-1892, (409) 898-3838.

(5) COMPANY: Gerald Heim dba Heim Water System; DOCKET NUMBER: 2000-1009-PWS-E; TNRCC ID NUMBERS: 2500026 and 12227; LOCATION: United States Highway 80 approximately two miles west of Mineloa, Wood County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.109(c) and THSC, §341.033(d), by failing to collect and submit routine monthly water samples for bacteriological analysis; §290.109(g)(4) and §290.122(c), by failing to provide public notice of the bacteriological sampling violations; §290.51(a), by failing to pay Public Health Service fees; §291.76, by failing to pay regulatory assessment fees; PENALTY: $1,250; STAFF ATTORNEY: Troy Nelson, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(6) COMPANY: H. D. Adams, Paul Moore and C. O. Cox; DOCKET NUMBER: 2000-0678-IHW- E; TNRCC ID NUMBER: 38027; LOCATION: 6201 Dogwood Street, Manvel, Brazoria County, Texas; TYPE OF FACILITY: industrial hazardous waste; RULES VIOLATED: 30 TAC §335.4(1) and §335.2(a) and 40 Code of Federal Regulations (CFR) §270.1(c), by storing hazardous and industrial waste in a manner so as to cause the threat of discharge into the waters of the state and by storing hazardous and industrial waste on-site at an unpermitted facility; §335.323, by failing to pay the hazardous waste generation fees; PENALTY: $44,000; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Ste. H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: James Bryan dba Orange Marine Towing & Salvage; DOCKET NUMBER: 2000- 0911-IHW-E; TNRCC ID NUMBER: 52157; LOCATION: 2100 DuPont Drive, Orange, Orange County, Texas; TYPE OF FACILITY: barge building and boat repair; RULES VIOLATED: 30 TAC §335.4 and TWC, §26.121, by failing to prevent the unauthorized discharge of bilge water to Adams Bayou; §335.4 and TWC, §26.121, by failing to prevent the unauthorized discharge of spent sandblasting grit to the ground; §335.62 and 40 CFR §262.11, by failing to perform a hazardous waste determination and waste classification on five drums of waste barge sludge, spent sandblasting grit, and oily wastewater; PENALTY: $9,000; STAFF ATTORNEY: Troy Nelson, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Fwy., Beaumont, Texas 77703-1892, (409) 898-3838.

(8) COMPANY: K F Management Services Inc. dba Eldridge Shell; DOCKET NUMBER: 1999- 1358-PST-E; TNRCC ID NUMBER: 0071034; LOCATION: 5706 North Eldridge Parkway, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(6) and THSC, §382.085(b), by failing to maintain a record of the Stage II daily inspections; §115.246(3) and THSC, §382.085(b), by failing to maintain a record of maintenance performed on the Stage II system; §115.246(1) and THSC, §382.085(b), by failing to maintain a copy of the applicable California Air Resources Board Executive Order for the Stage II system installed at the station; §115.248 and §115.246(4) and THSC, §382.085(b), by failing to maintain proof of attendance and completion of training as well as documentation of all Stage II training for each employee; §334.50(d)(1)(B) and (4)(A) and TWC, §26.3475, by failing to conduct reconciliation of monthly inventory records each month and in conjunction with automatic tank gauging; §334.93(a) and (b), by failing to demonstrate the required financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks (USTs); PENALTY: $13,750; STAFF ATTORNEY: Kelly W. Mego, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Ste. H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: KR & KR Investments, Inc. DBA Neighborhood Fina; DOCKET NUMBER: 2000-0584-PST-E; TNRCC ID NUMBER: 0047043; LOCATION: 3464 Big Springs, Garland, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.245(3) and THSC, §382.085(b), by failing to successfully complete all applicable tests of the Stage II vapor recovery system at least every five years after installation; §115.24 8(2), and THSC, §382.085(b), by failing to replace the Stage II station representative within three months of the departure of the previously trained employee; PENALTY: $3,000; STAFF ATTORNEY: Troy Nelson, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington, Texas 76010- 6499, (817) 469-6750.

(10) COMPANY: Nazir Ahmad Zahra; DOCKET NUMBER: 1999-1360-PST-E; TNRCC ID NUMBER: 17087; LOCATION: 1202 North Ben Wilson, Victoria, Victoria County, Texas; TYPE OF FACILITY: USTs; RULES VIOLATED: 30 TAC §334.48(c), by failing to conduct inventory control procedures in accordance with applicable requirements; §334.93, by failing to demonstrate the required financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $6,600; STAFF ATTORNEY: Booker Harrison, Litigation Division, MC 175, (512) 239- 4113; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Dr., Ste. 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(11) COMPANY: Scott Hughes dba M & M Recycling; DOCKET NUMBER: 2000-0411-MSW-E; TNRCC ID NUMBER: 27077; LOCATION: Highway 277, seven miles south of the City of Stamford and on the Steve Feagan Farm on Farm-to-Market Road 57, south-west of the City of Hamlin, Jones County, Texas; TYPE OF FACILITY: waste tire management, (sites); RULES VIOLATED: 30 TAC §§328.57(c)(3), 328.60(a), and 328.56(a), by storing more than 500 used or scrap tires on each of the sites without authorization from the TNRCC; §328.57(d)(1) and (2) and §328.58(b), by failing to properly maintain records, specifically, to correct manifest changes, attach justification notes to changed manifests, complete manifest with the number and type of tires, complete the manifest adjustment boxes and return manifests to generators within 60 days; PENALTY: $5,000; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Blvd., Abilene, Texas 79602-7833, (915) 698-9674.

(12) COMPANY: Trinity Aqua Systems, Inc.; DOCKET NUMBER: 1999-1183-WOC-E; TNRCC ID NUMBER: 20211; LOCATION: 520 Northwest Lorna Street, Burleson, Johnson County, Texas; TYPE OF FACILITY: wastewater treatment company; RULES VIOLATED: 30 TAC §325.7 and TWC, §26.0301, by failing to obtain wastewater facility operations company certification; PENALTY: $3,750; STAFF ATTORNEY: Joshua M. Olszewski, Litigation Division, MC 175, (512) 239-3400; REGIONAL OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

TRD-200103760

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: July 2, 2001

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 (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is August 13, 2001 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the AOs should be sent to the attorney designated for the AO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on August 13, 2001 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys 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: The Kirk Company; DOCKET NUMBER: 2001-0718-MSW-E; TNRCC ID NUMBER: 455150005; LOCATION: intersection of Iowa Road and U.S. Highway 281, Edinburg, Hidalgo County, Texas; TYPE OF FACILITY: unauthorized waste disposal; RULES VIOLATED: 30 TAC §330.4 and §330.5 and TWC, §26.121, by causing, suffering, allowing or permitting the dumping of municipal solid waste without the written authorization of the commission; PENALTY: $1,250; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-13, (210) 403- 4017; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Ave., Harlingen, Texas 78550-5247, (956) 425-6010.

(2) COMPANY: Firestone Polymers, A Division of Bridgestone/Firestone, Inc; DOCKET NUMBER: 2000-0072-AIR-E; TNRCC ID NUMBER: OC-0010-U; LOCATION: 5713 Farm-to- Market Road 1006, Orange, Orange County, Texas; TYPE OF FACILITY: synthetic rubber manufacturing plant; RULES VIOLATED: 30 TAC §101.6(a)(1) and Texas Health & Safety Code (THSC), §382.085(b), by failing to notify the TNRCC within 24 hours of discovery of a reportable upset; §101.6(a)(2)(C) and (b)(3) and THSC, §382.085(b), by failing to submit and maintain complete reports of a reportable upset; §116.115(b)(2)(G) and (c), THSC, §382.085(b), and TNRCC Air Permit Number 292, Special Condition Number 1, by failing to maintain actual emission limits at the plant below the emission limits specified in the permit's Maximum Allowable Emission Rates Table; PENALTY: $7,700; STAFF ATTORNEY: Dan Joyner, Litigation Division, MC 175, (512) 239-6366; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Fwy., Beaumont, Texas 77703-1892, (409) 898-3838.

TRD-200103759

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: July 2, 2001

Notice Of Receipt of Application for Municipal Solid Waste Management Facility

For the Period of June 22, 2001

APPLICATION. The City of Meadow, P.O. Box 156, Meadow, Texas 79345, a municipal city government, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new Type I-AE permit, to authorize a municipal solid waste landfill. The facility is proposed to be located two miles southeast of Meadow and 1.5 miles from the intersection of U.S. Highway 82 and County Road 250 in Terry County, Texas. This application was submitted to the TNRCC on April 18, 2001. The permit application is available for viewing and copying at the Meadow City Hall, 906 First Street, Meadow, Texas 79345. The TNRCC executive director has determined the application is administratively complete and will conduct a technical review of the application. After completion of the technical review, the TNRCC will issue a Notice of Application and Preliminary Decision. PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments on this application. The TNRCC will hold a public meeting on this application. Information concerning this meeting will be given in another public notice. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. A public meeting is not a contested case hearing. Written public comments must be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, Texas 78711-3087. ADDITIONAL NOTICE. After technical review of the application is complete, the executive director may prepare a draft permit and will issue a preliminary decision on the application. Notice of the Application and Preliminary Decision will be published and mailed to those who are on the county-wide mailing list or the mailing list for this application. That notice will contain the final deadline for submitting public comments. OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public comments, the executive director will consider the comments and prepare a response to all relevant and material, or significant public comments. The response to comments, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments or who is on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting reconsideration of the executive director's decision and for requesting a contested case hearing. A contested case hearing is a legal proceeding similar to a civil trial in state district court. A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised during the public comment period and not withdrawn. MAILING LIST. In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices mailed by the Office of the Chief Clerk. You may request to be added to: (1) the mailing list for this specific application; (2) the permanent mailing list for a specific applicant name and permit number; and/or (3) the permanent mailing list for a specific county. Clearly specify which mailing list(s) to which you wish to be added and send your request to the TNRCC Office of the Chief Clerk at the address below. Unless you otherwise specify, you will be included only on the mailing list for this specific application. INFORMATION. If you need more information about this permit application or the permitting process, please call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TNRCC can be found at our web site at www.tnrcc.state.tx.us. Further information may also be obtained from the City of Meadow at the address stated above or by calling Mr. Jean Shotts, City Attorney at (806) 767-0976.

TRD-200103717

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: June 29, 2001

Texas Department of Public Safety

Public Notice to Comment on Proposed Interlocal Cooperation Contract Relating to the Failure to Appear Program

The Texas Department of Public Safety (DPS) is providing an opportunity for written public comment on the Proposed Interlocal Cooperation Contract relating to the Failure to Appear Program. Texas Transportation Code Chapter 706 provides that local political subdivisions may contract with the DPS to provide information necessary to deny renewal of the driver license of a person who fails to appear for a complaint or citation or fails to pay or satisfy a judgement ordering payment of a fine or court cost involving any offense within the jurisdiction of the justice or municipal court.

Comments regarding the proposed Interlocal Cooperation Contract may be submitted to Angela Parker, Director of Legal Staff, Driver License Division, 5805 North Lamar Blvd, Box 4087, Austin, Texas 78773-0380 or by fax to (512) 424-7171. Comments must be received by July 26, 2001.

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TRD-200103720

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Filed: June 29, 2001

Public Utility Commission of Texas

Public Notice Of Amendment To Interconnection Agreement

On June 28, 2001, Southwestern Bell Telephone Company and Texas RSA 15B2 Limited Partnership, a Limited Partnership doing business as Five Star Wireless, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 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 24317. 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 24317. 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 July 24, 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 24317.

TRD-200103770

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 2, 2001

Public Notice of Amendment to Interconnection Agreement

On June 28, 2001, Southwestern Bell Telephone Company and Vartec Telecom, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 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 24318. 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 24318. 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 July 24, 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 24318.

TRD-200103771

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 2, 2001

Public Notice of Amendment to Interconnection Agreement

On June 29, 2001, Southwestern Bell Telephone Company and R Tex Communications Group, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 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 24324. 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 24324. 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 July 24, 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 24324.

TRD-200103799

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 2, 2001

Public Notice of Interconnection Agreement

On June 28, 2001, United Telephone Company of Texas, Inc., doing business as Sprint, Central Telephone Company of Texas doing business as Sprint (collectively, Sprint), and Western Wireless Corporation, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 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 24316. 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 24316. 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 July 24, 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 24316.

TRD-200103769

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 2, 2001

Texas Racing Commission

Notice of Application Period

The Texas Racing Commission announces that the Commission will accept applications for a Class 2 or Class 3 horse racetrack license for Webb County. Under the Texas Racing Commission rules, the Commission may designate an application period of not more than 60 days in which applications for a racetrack license may be filed. On June 27, 2001, the Commission established one 60-day application period. The application period begins at 8:00 a.m., September 1, 2001, and ends at 5:00 p.m., October 30, 2001. For more information, contact Jean Cook, Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711-2080, (512) 833-6699, fax (512) 833-6907, or 8505 Cross Park Dr., #110, Austin, Texas 78754-4594.

TRD-200103687

Judith L. Kennison

General Counsel

Texas Racing Commission

Filed: June 27, 2001

Texas Water Development Board

Applications Received

Pursuant to the Texas Water Code, Section 6.195, the Texas Water Development Board provides notice of the following applications received by the Board:

Angelina and Neches River Authority, P.O. Box 387, 210 Lufkin Avenue, Lufkin, Texas, 75902-0387, received May 29, 2001, application for financial assistance in the amount of $3,100,000 from the Clean Water State Revolving Fund.

Town of Combes, P.O. Box 280, 306 Templeton Street, Combes, Texas, 78535, received June 4, 2001, application for financial assistance in the amount of $324,000 from the Colonia Plumbing Loan Program.

City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas, 76102, received May 31, 2001, application for financial assistance in the amount of $34,310,000 from the Clean Water State Revolving Fund.

Golden Water Supply Corporation, P.O. Box 148, Golden, Texas, 75444-0148, received June 13, 2001, application for financial assistance in the amount of $133,000 from the Drinking Water State Revolving Fund.

Harris County Water Control and Improvement District No. 36, 903 Hollywood, Houston, Texas, 77015, received June 1, 2001, application for financial assistance in the amount of $5,690,000 from the Clean Water State Revolving Fund and the Texas Water Development Funds.

City of Loraine, 202 South Main Street, Loraine, Texas, 79532, received May 30, 2001, application for financial assistance in the amount of $665,000 from the Clean Water State Revolving Fund.

Lower Colorado River Authority, P.O. Box 220, Austin, Texas, 78767-0220, received May 1, 2001, application for financial assistance in the amount of $14,040, 000 from the State Participation Account of the Texas Water Development Funds.

New Caney Municipal Utility District, P.O. Box 5624, Kingwood, Texas 77325, received May 30, 2001, application for financial assistance in the amount of $3,475,000 from the Clean Water State Revolving Fund.

City of Odem, 14916 Main, Odem, Texas, 78052, received June 20, 2001, application for financial assistance in the amount of $1,940,000 from the Clean Water State Revolving Fund.

Upper Trinity Regional Water District (Lakeview Regional Water Reclamation System), P.O. Drawer 305, Lewisville, Texas, 75067, received May 3, 2001, application for financial assistance in the amount of $6,685,000 from the Clean Water State Revolving Fund.

Webb County, 1000 Houston Street, 2nd Floor, Laredo, Texas, 78040, received May 23, 2001, application for financial assistance in an amount not to exceed $150,000 from the Research and Planing Fund.

TRD-200103816

Gail L. Allan

Director of Project-Related Legal Services

Texas Water Development Board

Filed: July 3, 2001