TITLE in-addition

Office of the Attorney General

Texas Clean Air Act, Texas Solid Waste Disposal Act and the Texas Water Code Enforcement Settlement Notice

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Clean Air Act, Texas Solid Waste Disposal Act and the Texas Water Code. Before the State may settle a judicial enforcement action under the Health and Safety Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code.

Case Title and Court: Harris County, Texas and the State of Texas v. Slay Transportation Co., Inc., Case No. 2000-42605, in the 113th District Court of Harris County, Texas.

Nature of Defendant's Operations: Defendant allegedly engaged in illegal air emissions at its tank washing facility located at 16643 Jacintoport Boulevard in Harris County, Texas, in violation of its air permit, of the Texas Clean Air Act, Texas Solid Waste Disposal Act and the Texas Water Code. Remediation of the violations is the subject of this litigation and proposed settlement.

Proposed Agreed Judgment: The judgment enjoins Defendant to comply with state law and to make additional improvements to reduce air pollution. The judgment requires Defendant to pay $95,000 in civil penalties, $6,000 in attorney's fees, plus costs of court. Additionally, the judgment requires Defendant to fund an ozone monitoring program in Harris County, Texas; in the total amount of $150,000.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement should be directed to Terry N. Peterson, Assistant Attorney General, Office of the Texas Attorney General, P. O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

For information regarding this publication, please call A.G. Younger at (512) 463-2110.

TRD-200102624

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: May 10, 2001


State Auditor's Office

Request for Offer

Notice of Invitation for Offer: The State Auditor's Office (SAO) invites offers of auditing services for the purposes of performing the federal portion of the Texas State Single Audit (Single Audit), as described in more detail below.

General Information: The Single Audit is an annual audit for the State of Texas. It is conducted in order that the State may comply with the Single Audit Act Amendments of 1996 (Act) and Office of Management and Budget (OMB) Circular A-133 . The Single Audit scope includes the State's Comprehensive Annual Financial Report, the "Schedule of Expenditures of Federal Awards," controls, compliance, and the submission of the data collection form, as described in OMB Circular A-133 .

Offers submitted in response to this Request for Offer (RFO) will be evaluated by SAO to determine whether to enter into a contract to perform the federal portion of the Single Audit, as described in more detail below. All terms of an offer, specifically including price, are subject to negotiation by SAO. SAO expressly reserves the right to continue to perform the federal portion of the Single Audit if, in its sole discretion, SAO determines that it would be more effective and efficient to do so, price and other factors being considered.

An Offeror selected for this engagement would be expected to conduct the federal portion of the Single Audit in accordance with requirements as set forth in the Act and all applicable rules and regulations. SAO will continue to perform the audit work related to financial reporting. For purposes of the Single Audit, the State of Texas is defined as all agencies; departments; colleges and universities; and other entities of the executive, legislative, and judicial branches of the Texas state government (state entities).

Although most state entities are headquartered in Austin, Texas, the requirements of the engagement will require a certain amount of travel to state agencies' offices and universities at various locations in the State. Additional information concerning the amount of travel historically required to perform the requested services will be available at the Information Conference described below.

Summary of the Audit Deliverables: An Offeror selected for this engagement would be responsible for planning, conducting, and reporting the federal portion of the Single Audit, and for providing the following:

1. The Schedule of Expenditures of Federal Awards with the Auditor's Opinion including reconciliation to federal revenues as reported in the Comprehensive Annual Financial Report.

2. The following Single Audit Reporting Requirements:

a) Auditor's report on Compliance with Requirements Applicable to each Major Program and on Internal Control over Compliance in Accordance with OMB Circular A-133 .

b) Federal awards portion of Section 1, Summary of Auditor's Results for Federal Awards, and Section 3, Federal Award Findings and Questioned Costs of the Schedule of Findings and Questioned Costs.

c) Schedule of Prior Year Audit Findings.

d) Management's Corrective Action Plan for federal findings.

e) Part III of the Data Collection Form.

3. A summary of federal schedule audit adjustments by agency name and number, state fund name and number, Catalog of Federal Domestic Assistance (CFDA) number, and by account number using the Comptroller's statewide consolidation chart of accounts.

4. A summary of any contingent liabilities related to federal awards existing as of August 31 for each period audited.

5. Subsequent events related to federal awards between August 31 and the opinion date of the Schedule of Expenditures of Federal Awards.

Deliverables must be furnished by February 20 of each year of the contract period. A more complete description of the audit engagement and deliverables will be included in the Offer Preparation Instructions described below.

Information Conference: Prospective Offerors are encouraged to attend the Information Conference. The purpose of this conference will be to provide an overview of the audit engagement and to respond to questions from prospective Offerors.

Date: June 6, 2001

Time: 9 a.m. - Noon

Number of attendees per Offeror: Maximum of three

Location:

Robert E. Johnson Conference Center

1501 North Congress Avenue

Austin, Texas

Parking is available in the Capitol Visitor's Parking Garage (San Jacinto and 12th Street)

Additional Information Concerning the Requested Services: In order to ensure that all Offerors have the same information and instructions concerning the preparation of offers, with the exception of the Information Conference, all communications between Offerors and SAO prior to the closing date of receipt of offers must be in writing.

All questions or requests for additional information should be in written form and directed to the Contract Liaison by mailing to:

SINGLE AUDIT QUESTION/REQUEST - TO BE OPENED BY AUDIT PERSONNEL ONLY Susan Riley State Auditor's Office P.O. Box 12067 Austin, Texas 78711-2067

Or by e-mailing to sriley@sao.state.tx.us with "Single Audit Question/Request (Date)" in the subject line.

All questions or requests must be received no later than 5 p.m. (CDT) on June 27, 2001. If SAO determines that a response is warranted, the question received and SAO's written response will be transmitted to each Offeror documented as having received the Offer Preparation Instructions from SAO.

If SAO considers it necessary or advisable, Offerors will be required to make oral presentations to SAO or will otherwise be required to respond to specific questions concerning offer design and content. An Offeror's preparation and submittal of an offer or subsequent participation in presentations or contract negotiations creates no obligation to award a contract or to pay any associated costs.

Offer Preparation Instructions: A more complete description of the terms and conditions of the engagement will be included in the Offer Preparation Instructions, copies of which will be available on or after May 29, 2001, at the State Auditor's Office in the Robert E. Johnson State Office Building, 15th Street and Congress Avenue, 4th floor reception area, Austin, Texas, between the hours of 8 a.m. and 5 p.m., Monday through Friday. A copy may also be obtained by submitting a written request to: Texas Single Audit Offer, State Auditor's Office, P.O. Box 12067, Austin, Texas, 78711-2067, Attention: Susan Riley. Written requests may be submitted by letter (sent to the above address), by FAX (512-936-9400), or by e-mail (sriley@sao.state.tx.us), and should include specific information (contact person, street and e-mail address, and telephone number) to enable SAO to make follow-up contacts as necessary.

Closing Date of Receipt of Proposals: Offers to provide the requested audit services may be hand-delivered to the State Auditor's Office at the Robert E. Johnson State Office Building, 15th Street and Congress Avenue, 4th floor reception area, Austin, Texas, between the hours of 8 a.m. and 5 p.m., Monday through Friday, or sent by commercial carrier to the address specified above. Only those offers documented as being received prior to 5 p.m. on July 5, 2001, will be considered. It shall be the Offeror's responsibility to ensure that appropriate documentation of receipt is obtained.

Selection Process: In evaluating offers, SAO will consider:

* The demonstrated competence, knowledge, and qualifications of the Offeror as a whole and of the professional staff who will work on the engagement.

* The Offeror's experience and technical expertise in performing the Single Audit.

* The extent to which the offer accomplishes the purpose and specifications of this Request for Offer and Preparation Instructions.

* The reasonableness of costs for the services offered.

* When other considerations are equal, an Offeror whose principal place of business is within the State of Texas, or who will manage the engagement within the State of Texas, will be given preference.

* Historically underutilized businesses are encouraged to submit or participate in the submission of an offer.

Project Timing: Contingent upon the successful negotiation of a contract, the selected Offeror will conduct the federal portion of the State's Single Audit for the fiscal years ending August 31, 2001 and August 31, 2002, and at SAO's option, August 31, 2003. As noted above, contract deliverables must be furnished by February 20 of each year of the contract period.

General Terms and Conditions: SAO reserves the right to accept or reject any (or all) offers submitted and to negotiate on all terms of an offer, including price. The information contained in this RFO is intended to serve only as a general description of the services desired. Additional terms and conditions relating to this RFO will be provided in the Offer Preparation Instructions. The responses hereto will be used as a basis for further negotiation of specific details with Offerors. Issuance of this RFO creates no obligation to award a contract or to pay any costs incurred in the preparation of a proposal.

TRD-200102740

Douglas C. Brown

General Counsel

State Auditor's Office

Filed: May 16, 2001


Texas Bond Review Board

Biweekly Report of the 2001 Private Activity Bond Allocation Program

The information that follows is a report of the 2001 Private Activity Bond Allocation Program for the period of April 28, 2001 through May 11, 2001.

Total amount of state ceiling remaining unreserved for the $325,809,688 subceiling for qualified mortgage bonds under the Act as of May 11, 2001: $112,841,994.50

Total amount of state ceiling remaining unreserved for the $143,356,262 subceiling for state-voted issue bonds under the Act as of May 11, 2001: $143,356,262

Total amount of state ceiling remaining unreserved for the $97,742,906 subceiling for qualified small issue bonds under the Act as of May 11, 2001: $94,742,906

Total amount of state ceiling remaining unreserved for the $215,034,394 subceiling for residential rental project bonds under the Act as of May 11, 2001: $17,239,394

Total amount of state ceiling remaining unreserved for the $136,840,069 subceiling for student loans bonds under the Act as of May 11, 2001: $31,840,069

Total amount of state ceiling remaining unreserved for the $384,455,431 subceiling for all other issue bonds under the Act as of May 11, 2001: $23,855,431

Total amount of the $1,303,238,750 state ceiling remaining unreserved under the Act as of May 11, 2001: $421,849,056.50

Following is a comprehensive listing of applications, which have received a Certificate of Reservation pursuant to the Act from April 28, 2001 through May 11, 2001:

1) Issuer: Austin HFC

User: TWC Housing, LLC

Description: Multifamily Residential Rental Project--Blunn Creek Apts.

Amount: $15,000,000

2) Issuer: TDHCA

User: Quebec One Apartments LP

Description: Multifamily Residential Rental Project--Quebec One Apts.

Amount: $11,500,000

3) Issuer: Houston HFC

User: MV2000, Ltd

Description: Multifamily Residential Rental Project--Maxey Village Apts.

Amount: $8,800,000

4) Issuer: Hillsboro IDC

User: L. B. Foster Co.

Description: Small Issue IDB

Amount: $2,000,000

5) Issuer: Harris County IDC

User: Deer Park Refining LP

Description: All Other Issue--Deer Park, Texas

Amount: $25,000,000

Following is a comprehensive listing of applications, which have issued and delivered the bonds and received a Certificate of Allocation pursuant to the Act from April 28, 2001 through May 11, 2001:

1) Issuer: Housing Option, Inc.

User: Roseland Fellowship, LP

Description: Multifamily Residential Rental Project--Roseland Gardens

Amount: $6,425,000

2) Issuer: Gulf Coast Waste Disposal Authority

User: Republic Waste Services of Texas Ltd

Description: All Other Issue--League City, Texas

Amount: $3,500,000

3) Issuer: Colorado River Municipal Water District

User: Republic Waste Services of Texas Ltd

Description: All Other Issue--Odessa, Texas

Amount: $4,000,000

4) Issuer: Trinity River Authority

User: Community Waste Disposal, Inc.

Description: All Other Issue--Dallas, Texas

Amount: $20,000,000

5) Issuer: Port Arthur Navigation District IDC

User: Air Products and Chemical, Inc.

Description: All Other Issue--Port Arthur, Texas

Amount: $25,000,000

6) Issuer: Calhoun County Navigation District

User: Formosa Plastics Corp.

Description: All Other Issue--Point Comfort, Texas

Amount: $25,000,000

7) Issuer: Houston HFC

User: Houston Bellfort Pines Apts.

Description: Multifamily Residential Rental Project--Bellfort Pines Apts.

Amount: $10,000,000

8) Issuer: Panhandle-Plains Higher Education Authority, Inc.

User: Eligible Borrowers

Description: Student Loan Bonds

Amount: $35,000,000

9) Issuer: Montgomery County HFC

User: Montgomery Trace Apts.

Description: Multifamily Residential Rental Project--Montgomery Trace Apts.

Amount: $7,500,000

10) Issuer: TDHCA

User: Knollwood Villas

Description: Multifamily Residential Rental Project--Knollwood Villas

Amount: $13,750,000

11) Issuer: TDHCA

User: Texas Bluffview Housing

Description: Multifamily Residential Rental Project--Bluffview Senior Apts.

Amount: $10,700,000

12) Issuer: Brazos River Harbor Navigation District of Brazoria County, Texas

User: The Dow Chemical Co.

Description: All Other Issue--Freeport, Texas

Amount: $25,000,000

13) Issuer: North Central Texas HFC

User: One Bent Tree Ltd

Description: Multifamily Residential Rental Project--Bent Tree Town Homes

Amount: $12,400,000

14) Issuer: North Central Texas HFC

User: Ranch View Ltd

Description: Multifamily Residential Rental Project--Ranch View Town Homes

Amount: $12,000,000

15) Issuer: North Central Texas HFC

User: Silverton Ltd

Description: Multifamily Residential Rental Project--Silverton Town Homes

Amount: $12,400,000

16) Issuer: Harris County IDC

User: L. Bentley Sanford Investments

Description: Small Issue IDB

Amount: $3,000,000

17) Issuer: South Texas Higher Education Authority, Inc.

User: Eligible Borrowers

Description: Student Loan Bonds

Amount: $35,000,000

18) Issuer: Brazos River Harbor Navigation District of Brazoria County, Texas

User: BASF Corp.

Description: All Other Issue--Freeport, Texas

Amount: $25,000,000

Following is a comprehensive listing of applications, which were either withdrawn or cancelled pursuant to the Act from April 28, 2001 through May 11, 2001:

1) Issuer: TDHCA

User: Texas Bluffview Villas

Description: Multifamily Residential Rental Project--Bluffview Villas

Amount: $14,100,000

2) Issuer: TDHCA

User: Mesquite Affordable Housing

Description: Multifamily Residential Rental Project--Oakwood Village

Amount: $10,600,000

3) Issuer: Bexar County HFC

User: MAGI Management

Description: Multifamily Residential Rental Project--Swan's Landing

Amount: $8,700,000

4) Issuer: Port Arthur Navigation District IDC

User: The Premcor Refining Group Inc.

Description: All Other Issue--Port Arthur, Texas

Amount: $25,000,000

5) Issuer: Travis County HFC

User: Stonebridge Park

Description: Multifamily Residential Rental Project--Stonebridge Apts.

Amount: $15,000,000

For a more comprehensive and up-to-date summary of the 2001 Private Activity Bond Allocation Program, please visit the website (www.brb.state.tx.us). If you have any questions or comments, please contact Steve Alvarez, Program Administrator, at 512/475-4803 or via email at alvarez@brb.state.tx.us.

TRD-200102707

Steve Alvarez

Program Administrator

Texas Bond Review Board

Filed: May 14, 2001


Brazos Valley Workforce Development Board

Correction of Error and Amendment of Response Deadline for Notice of Request for Written Quotes for Legal Services

The Brazos Valley Workforce Development Board (BVWDB) is issuing a correction of error notice and amending the response deadline for the Notice of Request for Written Quotes for Legal Services issued May 4, 2001. The BVWDB seeks Written Quotes from administrative law attorneys to provide legal services to the BVWDB. The Brazos Valley region encompasses Brazos, Burleson, Grimes, Leon, Madison, Robertson, and Washington Counties. The entire Correction of Error and Amendment of Response Deadline for Notice of Request for Written Quotes may be downloaded at: www.bvjobs.org or requested via telephone at (979) 775-4244 or by writing to P.O. Box 4128, Bryan, Texas 77805, Attention: Request for Legal Services Quote.

All quotes must be received by 4:00 p.m. on Monday, June 25, 2001 at the Brazos Valley Workforce Development Board, 1706 East 29th Street, Bryan, Texas 77802 in accordance with the specifications of the Correction of Error and Amendment of Response Date for Notice of Request for Written Quotes.

For more information regarding completion of this Request for Written Quotes, contact Patricia Buck (979) 775-4244. Ms. Buck will also respond to written requests for assistance. Written requests for technical assistance may be addressed to BVWDB at P.O. Drawer 4128, Bryan, Texas 77805-4128.

TRD-200102746

Tom Wilkinson

Executive Director

Brazos Valley Workforce Development Board

Filed: May 16, 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 April 4, 2001, through April 26, 2001. The public comment period for these projects will close at 5:00 p.m. on May 28, 2001.

FEDERAL AGENCY ACTIONS

Applicant: State Natural Resource Trustees; Location: The project is located at the Smith Bluff Cutoff UNOCAL Corporation facility located in Port Neches on the Lower Neches River. CCC Project Number: 01-0143-F2; Description of Proposed Action: The Natural Resource Trustees and UNOCAL entered into a Consent Decree that required UNOCAL to pay $200,000 to compensate the public for natural resources injured or lost as a result of an unauthorized discharge of oil into the Lower Neches River on April, 20, 1993. This settlement will partially fund the creation and enhancement of approximately 220 acres of coastal wetlands in the Lower Neches Wildlife Management Area of Bessie Heights Marsh, Orange County. Currently, the Bessie Heights marsh is primarily an open water system that has lost its emergent marsh characteristics through historical anthropogenic impacts associated with the dredging of the Neches River and extensive oil and gas extraction in the marsh. The marsh restoration will employ the method of terracing, which is the construction of an array of emergent soil cells that are planted with a combination of native estuarine grasses and plants. Terracing promotes the deposition and retention of suspended sediments, allowing for continued natural expansion of marsh habitat. 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: Reliant Exploration, Ltd.; Location: The project site is located in State Tract No. 48, Well No. 2 in Trinity Bay approximately 2 miles northeast of Beach City, Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled Umbrella Point, Texas. Approximate UTM Coordinates: Zone 15; Easting: 323307; Northing: 3284066. CCC Project Number: 01-0144-F1; Description of Proposed Action: The applicant proposes to install, operate, and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities. Such activities include installation of typical marine barges and keyways, shell gravel pads, production structures with attendant facilities, and flowlines. 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: Martin M. Sneed; Location: The project is located north of the Cow Bayou and Round Bunch Road intersection, east of Bridge City, in Orange County, Texas. The site can be located on the U.S.G.S. quadrangle map entitled Orangefield, Texas. Approximate UTM Coordinates: Zone 15; Easting: 423240; Northing: 3323140. CCC Project Number: 01-0150-F1; Description of Proposed Action: The applicant requests an after-the-fact permit to retain the fill material placed in 4.79 acres of jurisdictional wetlands without Department of the Army authorization. Furthermore, the applicant proposes to fill an additional 2.73 acres of jurisdictional wetlands to construct a family recreational center. The project site is a 10-acre tract of land consisting of 7.76 acres of jurisdictional wetlands and 2.24 acres of upland. The applicant will avoid 0.24 acre of tidal wetlands to minimize impacts to the project area. The recreation center will consist of a small marina and associated restaurant; a boat ramp; a dry boat storage area; storage building; green space for weekend camping; areas for RV's, boat trailers, jet ski and other small personal water craft parking; a day visitor parking area; a delicatessen for snacks and refreshments; and open space for recreational activities such as picnics and barbecues. Type of Application: This application is being evaluated under Section 10 of the Rivers and Harbors Act of 1899.

Applicant: Reliant Exploration, Ltd.; Location: The project is located in State Tract No. 53 in Trinity Bay approximately 2 miles northeast of Beach City, Chambers County, Texas. The site can be located on the U.S.G.S. quadrangle map entitled Umbrella Point, Texas. Approximate UTM Coordinates: Zone 15; Easting: 323080; Northing: 3283781. CCC Project Number: 01-0156-F1; Description of Proposed Action: The applicant proposes to install, operate, and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities. Such activities include installation of typical marine barges and keyways, shell and gravel pads, production structures with attendant facilities, and flowlines. 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: Cowboy Pipeline Service Company; Location: The project is located in the western portion of Galveston Bay, Galveston County, Texas. The project originates in the Upper San Jacinto Bay, Texas, and Bayport, Texas, areas and terminates in Texas City, Texas, and traverses Harris, Chambers, and Galveston counties, Texas. The site can be located on the U.S.G.S. quadrangle map entitled La Porte, Bacliff, League City, Texas City, and Virginia Point, Texas. Approximate UTM Coordinates: Zone 15; Easting: 311953; Northing: 3271195. CCC Project Number: 01-0166-F1; Description of Proposed Action: The applicant proposes to install two 10.75-inch pipelines. The first pipeline would originate from Millennium Petro Chemicals, 11603 Strang Road, La Porte, Texas, and terminate at Sterling Chemicals, Inc., 201 Bay Street South, Texas City, Texas. The second pipeline would originate at Celanese Chemical Bayport Terminal, 11807 Port Road, Houston, Texas, join the first pipeline in Galveston Bay near a point due east of Seabrook, and share the same trench until terminating at Valero Refining Company, 1301 Loop 197 South, Texas City, Texas. 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-200102751

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: May 16, 2001


Comptroller of Public Accounts

Notice of Request for Proposals

Pursuant to Chapters 403, 2305, and 2156, Sections 2156.121 and 2156.122, Texas Government Code, the Comptroller of Public Accounts (Comptroller) State Energy Conservation Office (SECO) announces the issuance of its Request for Proposals (RFP) from qualified individuals, public-private partnerships, non-profit agencies, firms and institutions of higher education to provide for the design, purchase, installation, and maintenance of renewable energy-powered water purification systems in selected colonias and disaster relief areas throughout the state. Successful respondent will also assist Comptroller in securing additional funding from local utilities, financial institutions and local professionals, to supplement additional equipment and other costs, as necessary, and assist in developing a related renewable energy education curriculum. Successful respondent(s) will be expected to begin performance of any contract(s) resulting from this RFP on or about August 1, 2001.

Contact: Parties interested in submitting a proposal should contact Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The RFP will be available for pick-up at the above-referenced address on Friday, May 25, 2001, between 2:00 p.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller also plans to place the RFP on the Texas Marketplace after Friday, May 25, 2001, 2:00 p.m. (CZT). All written inquiries and Mandatory Letters of Intent must be received at the above-referenced address no later than 2:00 p.m. (CZT) on Wednesday, June 20, 2001. Letters of Intent must be addressed to Clay Harris, Assistant General Counsel, Contracts, and must be signed by an authorized representative of each entity. All responses to questions will be posted electronically on Friday, June 22, 2001, on the Texas Marketplace at: http://www.texasmarketplace.state.tx.us. Prospective respondents are encouraged to fax the Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. Letters of Intent received after the deadline will not be considered.

Pre-Proposal Conference: All potential respondents are encouraged to attend a pre-proposal conference beginning at 10:30 a.m. on Friday, June 15, 2001 at Comptroller's SECO Office, 111 East 17th Street, 11th Floor, Room 1114, Austin, Texas 78774. The meeting will be informational and intended to answer any questions regarding the RFP, the required format, the selection criteria or the evaluation process. The pre-proposal conference is not mandatory; however, attendance is highly recommended.

Closing Date: Proposals must be received in the Assistant General Counsel, Contracts Office at the location specified above (ROOM G-24) no later than 2:00 p.m. (CZT), on Friday, June 29, 2001. Proposals received after this time and proposals submitted by facsimile will not be considered.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. Comptroller will make the final decision. Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is under no legal obligation to execute any contracts on the basis of this notice or the distribution of any RFP. Comptroller shall pay for no costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - Friday, May 25, 2001, 2:00 p.m. CZT; Non-Mandatory Pre-Proposal Conference - Friday, June 15, 2001 (10:30 a.m.); Mandatory Letters of Intent and Questions Due - Wednesday, June 20, 2001, 2:00 p.m. CZT; Posting of Official Responses to Questions - Friday, June 22, 2001; Proposals Due - Friday, June 29, 2001, 2:00 p.m. CZT; Contract Execution - July 20, 2001, or as soon thereafter as practical; Commencement of Project Activities - Wednesday, August 1, 2001 or as soon thereafter as practical.

TRD-200102738

Pamela Ponder

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: May 16, 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 05/21/01 - 05/27/01 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 05/21/01 - 05/27/01 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-200102710

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: May 15, 2001


Credit Union Department

Application(s) for Foreign Credit Union to Operate a Branch Office

Notice is given that the following application has been filed with the Credit Union Department and is under consideration:

An application was received from Premier America Credit Union, Chatsworth, California to operate a Foreign (out-of-state) Branch Office at 17015 Aldine Westfield, Houston, Texas.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200102745

Harold E. Feeney

Commissioner

Credit Union Department

Filed: May 16, 2001


Application(s) to Expand Field of Membership

Notice is given that the following applications have been filed with the Credit Union Department and are under consideration:

An application was received from Port of Houston Credit Union, Houston, Texas to expand its field of membership. The proposal would permit the employees of Pacific Gulf Marine, Inc. who work in or are paid from Houston, Texas, and their families to be eligible for membership in the credit union.

An application was received from San Jacinto Area, Pasadena, Texas to expand its field of membership. The proposal would permit the employees of Safway Steel who work in or are paid from Pasadena, Texas to be eligible for membership in the credit union.

An application was received from San Jacinto Area, Pasadena, Texas to expand its field of membership. The proposal would permit persons who live or work in the area bounded by the Houston Ship Channel on the North and East, Loop 610 and Interstate 45 on the West, and Clear Lake and Clear Lake Creek on the South, excluding persons eligible for primary membership in an occupation-based credit union that has less than 7,000 members at the time the application is sought to be eligible for membership in the credit union.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would remove the wording "and are receiving" from item number 8 of their current field of membership relating to members of the U.S. Armed Forces.

An application was received from OmniAmerican Credit Union, Fort Worth, Texas to expand its field of membership. The proposal would permit persons who live, work, attend school in, are paid from, business and non-business entities, organizations and associations located within Tarrant County, Texas to be eligible for membership in the credit union.

An application was received from Cameron Credit Union, Houston, Texas to expand its field of membership. The proposal would permit the employees of Corporate Express who work in or are paid from Houston, Texas to be eligible for membership in the credit union.

An application was received from Galleria Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit the employees of CompuCom Systems who work in or are paid from Dallas, Texas to be eligible for membership in the credit union.

An application was received from Energy Capital Credit Union, Houston, Texas to expand its field of membership. The proposal would permit contractors of ExxonMobil who work at ExxonMobil facilities in Texas to be eligible for membership in the credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200102744

Harold E. Feeney

Commissioner

Credit Union Department

Filed: May 16, 2001


Notice of Final Action Taken

In accordance with the provisions of 7 TAC Section 91.103, the Credit Union Department provides notice of the final action taken on the following application(s):

Application(s) to Expand Field of Membership - Approved

GPS Community Credit Union, Houston, Texas - See Texas Register issue dated March 30, 2001

MCT Credit Union, Port Neches, Texas (2 Applications) - See Texas Register issue dated March 30, 2001

Texas Employees Credit Union, Dallas, Texas - See Texas Register issue dated March 30, 2001

Houston Postal Credit Union, Houston, Texas - See Texas Register issue dated March 30, 2001

Application(s) to Amend Articles of Incorporation - Approved

Koch-Glitsch Credit Union, Dallas, Texas - See Texas Register issue dated March 30, 2001

Dallas Postal Credit Union, Dallas, Texas - See Texas Register issue dated March 30, 2001

TRD-200102743

Harold E. Feeney

Commissioner

Credit Union Department

Filed: May 16, 2001


Texas Department of Criminal Justice

Notice of Cancellation

The Texas Department of Criminal Justice hereby gives notice of cancellation for the West Texas State School Improvements - Request for Bids, Solicitation Number: 696-TY-1-B025.

TRD-200102712

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: May 15, 2001


Notice to Bidders

The Texas Youth Commission invites bids for the expansion of Sheffield Boot Camp. The project consists of new construction to expand the current facility to accommodate a total of 128 students, a 12 bed Administrative Segregation unit, modifications of existing gatehouse, and construction of 4 duplex's for employee housing at the existing Sheffield Boot Camp Unit, P.O. Box 510, Sheffield, Texas 79781. The work includes civil, mechanical, electrical, plumbing, security electronics, structural, concrete, and steel, pre-engineered metal building as further shown in the Contract Documents prepared by: Graeber, Simmons & Cowan.

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

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

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

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

Bid Documents can be purchased from the Architect/Engineer at a cost of $125 (non-refundable) per set, inclusive of mailing/delivery costs, or they may be viewed at various plan rooms. Payment checks for documents should be made payable to the Architect/Engineer: Graber, Simmons & Cowan, 400 Bowie, Austin, Texas 78703, Attention: Cathleen Martin; Phone: (512) 433-2589, FAX: (512) 477-6975.

A Pre-Bid conference will be held at 11 AM on June 14, 2001, at the Sheffield Boot Camp Unit, Sheffield Texas, followed by a site-visit. ATTENDANCE IS MANDATORY.

Bids will be publicly opened and read at 2 PM on June 26, 2001, in the Conference Room at the Purchasing and Leases/ Contracts Office located in the West Hill Mall, 2 Financial Plaza, Suite 525 Huntsville, Texas 77340.

The Texas Youth Commission requires the Contractor to make a good faith effort to include Historically Underutilized Businesses (HUB's) in at least 26.1% of the total value of this construction contract award. Attention is called to the fact that not less than the minimum wage rates prescribed in the Special Conditions must be paid on these projects.

TRD-200102753

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: May 16, 2001


Texas Council for Developmental Disabilities

Intent to Award Funds - Housing Assistance

The Texas Council for Developmental Disabilities announces it's intention to award funds to the UCPA/Texas, to continue support to the Home of Your Own (HOYO) Project that assists individuals with disabilities to become home owners through continued development, implementation and replication of a best practices home ownership project.

Background: The UCPA/Texas submitted a proposal in response to a Request for Proposals posted in the Texas Register on August, 1996, and was awarded funds to develop, demonstrate and implement activities to assist individuals with disabilities to purchase homes in Texas. The Council voted to approve funding for an additional two years at its May 1998 Council Meeting. In May 2001 the Council approved funding UCPA/Texas to continue their support of the HOYO activity for an additional two years because of their experience and contributions towards the success of that project.

Description of Project: The project will provide support and coordination to the HOYO coalition activities, with an additional focus around families with children with disabilities leaving institutional settings.

Terms and Funding. Funding for this grant will be made available in two one-year grant awards beginning September 1, 2001. The final grant year will end August 31, 2003. Estimated funding will not exceed $185,000 per year for each annual grant award. Continuation funding for year two will be contingent upon annual performance reviews and submission of approved continuation funding workplans. The Texas Council for Developmental Disabilities reserves the right to discontinue funding if grant performance criteria are not met or funds are not available due to changes in Council grant funding priorities.

Information: For information on any aspect of this announcement, contact Carl Risinger, Texas Council for Developmental Disabilities, 4900 North Lamar Boulevard, Austin, Texas 78751-2399, (512) 424-4084.

TRD-200102731

Roger A. Webb

Executive Director

Texas Council for Developmental Disabilities

Filed: May 16, 2001


Intent to Award Funds - Inclusive Education Practices

The Texas Council for Developmental Disabilities announces its intention to award grant funds to the Arc of Texas to continue activities to provide training and technical assistance to parents and school personnel concerning best practice strategies and approaches for including students with disabilities in regular education classrooms with necessary supports.

Background: The Council funded the Arc of Texas project for five years ending in September 1997. Arc of Texas coordinated the Inclusion Works Conference as part of the grant and has continued the conference since the grant concluded. Recent conferences have drawn 1200 to 1800 participants, primarily teachers and school administrators.

Description of Project: The Arc of Texas' Inclusion Works Conference will provide participants with learning experiences designed to increase their ability to ensure that students with disabilities and other diverse learners are involved in and making progress in the general curriculum, and improve their skills in planning and collaboration. This proposal builds on the existing expertise and statewide reputation of the Arc of Texas Inclusion Works Conference by adding local and regional training activities to expand the impact of the event to parents and families often unable to attend. This proposal also adds components that allow web-based learning and instruction and satellite interactive training methods.

Terms and Funds: Funding for this grant will be made available in three one-year grant awards beginning July 1, 2001. The final grant year will end June 30, 2004. Estimated funding will not exceed $150,000 per year for each of the three grant awards. Continuation funding for years two and three will be contingent upon satisfactory annual review of performance and submission of approved continuation funding workplans. The Texas Council for Developmental Disabilities reserves the right to discontinue funding if grant performance criteria are not met or funds are not available due to changes in Council grant funding priorities.

Information: For information regarding this announcement, please contact Carl Risinger, Grants Management Director, and Texas Council for Developmental Disabilities, (512) 424-4084.

TRD-200102733

Roger A. Webb

Executive Director

Texas Council for Developmental Disabilities

Filed: May 16, 2001


Intent to Award Funds - Transportation Public Awareness Activities

The Texas Council for Developmental Disabilities announces its intention to award a grant to the Texas Citizen Fund to expand activities focused on transportation issues for Texans with disabilities.

Background: The Texas Citizen fund submitted a proposal in response to a Request for Proposals posted in the Texas Register in March 2000 and was approved for funding for a project to coordinate advocacy efforts focused on community transportation. That RFP invited proposals for a grant project that would demonstrate the effectiveness of statewide advocacy networks focused on accessing transportation systems at the local and state level for Texans with disabilities.

Description of Project: The Texas Council for Developmental Disabilities intends to award additional funds to the Texas Citizen Fund to develop public awareness materials and activities that promote affordable, accessible transportation.

Terms and Funds: Funding for this project will begin June 1, 2001 and end May 31, 2002. Estimated funding will not exceed $50,000 during this period for these activities.

Information: For information regarding this announcement, please contact Carl Risinger, Grants Management Director, and Texas Council for Developmental Disabilities, (512) 424-4084.

TRD-200102732

Roger A. Webb

Executive Director

Texas Council for Developmental Disabilities

Filed: May 16, 2001


Texas Education Agency

Request for Applications Concerning Career and Technology Education for State Programs: Leadership Activity Projects in Secondary Vocational and Technical Education 2001-2002

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-01-008 from public school districts, regional education service centers, and colleges and universities that have the capacity and resources to provide improvement of Career and Technology Education programs.

Description. The objectives of the Career and Technology Education for State Programs are to provide: 1) statewide activities that assist Career and Technology Education teachers in meeting the educational needs of students and the skill needs of employers through the continuous improvement, delivery, and implementation of Texas Essential Knowledge and Skills (TEKS) curricula; and 2) research and professional development activities to Career and Technology teachers, including those seeking certification, in planning and implementing quality instruction to students.

Dates of Project. The TEKS Implementation Support Systems and Research and Professional Developments projects will be implemented during the 2001-2002 school year. Applicants should plan for a starting date of no earlier than September 1, 2001, and an ending date of no later than August 31, 2002.

Project Amount. A total of 26 statewide projects are available for funding. A separate application must be submitted for each project if an applicant wishes to apply for more than one project. Projects must be designed to support activities that benefit organizations across the state. The total amount of the Career and Technology projects for the 2001-2002 fiscal year is $2,201,568. Project funding in the second year will be based on satisfactory progress of the first-year objectives and activities and on federal funding. This project is funded 100% from The Carl D. Perkins Vocational and Technical Education Act of 1998, Public Law 101-392.

Selection Criteria. Applications will be selected based on the independent reviewers' assessment of each applicant's ability to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant program and the extent to which the application addresses the primary objective(s) and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The TEA reserves the right to select from the highest ranking applications those that address all requirements in the RFA and that are most advantageous to the project.

The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Requesting the Application. A complete copy of RFA #701-01-008 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and telephone number including area code. This announcement letter and complete RFA will also be posted on the TEA website at http://www.tea.state.tx.us/grant/announcements/grants2.cgi for viewing and downloading.

Further Information. For clarifying information about the RFA, contact Liz Haywood, Division of Career and Technology Education, TEA, (512) 463-9499.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Tuesday, July 24, 2001, to be considered for funding.

TRD-200102737

Criss Cloudt

Associate Commissioner, Accountability Reporting and Research

Texas Education Agency

Filed: May 16, 2001


General Services Commission

Notice of Contract Airline Fares Request for Proposal

The General Services Commission (GSC) announces a Request for Proposal (RFP) for Contract Airline Fares (RFP #11-0501AF) to be provided to the State of Texas pursuant to the Texas Government Code, Section 2171.052. Any contract which results from this RFP shall be for the term of September 1, 2001, through August 31, 2002.

Preproposal Conference: A preproposal conference will be held on Monday, May 14, 2001, in Austin, Texas. The conference is scheduled from 1:30 p.m. to 3:30 p.m. at the following address: General Services Commission, Central Services Building, Room 402, 1711 San Jacinto Blvd., Austin, Texas 78701. The purpose of the conference is to review the content of this RFP and to answer attendees' questions.

Submission of Response to the RFP: Responses to the RFP shall be submitted to and received by the GSC Bid Services Department on or before 3:00 p.m., Central Daylight Time, on June 4, 2001, and shall be delivered or sent to: The General Services Commission, Attn: Bid Services, RFP #11-0501AF, 1711 San Jacinto Blvd., Room 180, Austin, Texas 78701, or P.O. Box 13047, Austin, Texas 78711-3047.

Evaluation Criteria: Evaluation of Proposals will be based on the criteria listed in the Request for Proposal. Evaluation will be performed by an evaluation team composed of persons designated by GSC. The evaluation team will make a recommendation to the Division Director who shall determine and recommend to the Executive Director the proposer(s) chosen for contract award. Proposer(s) to whom contracts are awarded will be notified by mail.

Copies of RFP: If you are interested in receiving a copy of the RFP, contact Ms. Gerry Pavelka, Program Director, at (512) 463-3435 to request a copy.

TRD-200102654

Cynthia J. Hill

Acting General Counsel

General Services Commission

Filed: May 11, 2001


Texas Department of Health

Notice of Uranium Byproduct Material License Amendment to Intercontinental Energy Corporation, dba IEC Corporation

The Texas Department of Health (department) gives notice that it has amended uranium by- product material license L02538 issued to Intercontinental Energy Corporation, doing business as IEC Corporation in Texas (mailing address: IEC Corporation, 6085 Alton Way, Englewood, Colorado 80111). Amendment 38 changes the mailing address only.

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, Chapter 401, the Administrative Procedure Act (Chapter 2001, Texas Government Code), 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-200102665

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 14, 2001


Texas Department of Housing and Community Affairs

Comment Period Extended for the System Benefit Fund Plan 2002-2003 to June 1, 2001

The Texas Department of Housing and Community Affairs (TDHCA) announces that an extension to the comment period deadline for the draft System Benefit Fund Plan 2002-2003 has been granted. The comment period has been extended from May 18, 2001 to June 1, 2001. A public hearing notice was previously published in the May 11, 2001, issue of the Texas Register (26 TexReg 3534), which included the deadline for submitting comments.

Local officials and citizens are encouraged to participate in the public comment process. Comments received will be used to finalize the TDHCA System Benefit Fund Plan 2002-2003. Written comments may be provided by the close of business at 5:00 p.m. on Friday, June 1, 2001, to Ms. Lolly Caballero, Senior Planner, Energy Assistance Section, Texas Department of Housing and Community Affairs, 507 Sabine, Suite 600, Austin, Texas 78701 or by electronic mail to lcaballe@tdhca.state.tx.us or by fax to (512) 475-3935. A copy of the proposed state plan may be requested by calling Ms. Caballero at (512) 475-0471 or by writing Ms. Caballero at the TDHCA address given above. The proposed draft plan is also available through TDHCA's world wide web site at http://www.tdhca.state.tx.us/ea.htm.

TRD-200102770

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affiars

Filed: May 17, 2001


Multifamily Housing Revenue Bonds (Cobb Park Town Homes) Series 2001

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Department") at the East Regional Library, 6301 Bridge Street, Fort Worth, Tarrant County, Texas 76112 at 1 p.m. on, June 7, 2001 with respect to an issue of tax-exempt multifamily residential rental project revenue bonds in the aggregate principal amount not to exceed $7,500,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Texas Department of Housing and Community Affairs (the "Issuer"). The proceeds of the Bonds will be loaned to Cobb Park Townhomes, L.P., (or a related person or affiliate thereof) (the "Borrower") a limited partnership, to finance a portion of the costs of acquiring, constructing and equipping a multifamily housing project (the "Project") described as follows: 172-unit multifamily residential rental development to be constructed on approximately 14.43 acres of land located at the 2400 block of East Berry Street South approximately 150 feet west of Mitchell Boulevard, Fort Worth, Tarrant County, Texas 76105. The Project will be initially owned and operated by Cobb Park Townhomes, L.P. (or a related person or affiliate thereof). The Project will be initially managed by Picerne Management Corporation.

All interested parties are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or requests for additional information may be directed to Robert Onion at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-3872 and/or ronion@tdhca.state.tx.us.

Persons who intend to appear at the hearing and express their views are invited to contact Robert Onion in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Robert Onion prior to the date scheduled for the hearing.

Individuals who require auxiliary aids in order to attend this meeting should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or Relay Texas at 1 800 735-2989 at least two days before the meeting so that appropriate arrangements can be made.

TRD-200102739

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 16, 2001


Notice of Public Hearing

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS MULTIFAMILY HOUSING REVENUE BONDS (SKYWAY VILLAS APARTMENTS) SERIES 2001

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Department") at the Wilson Creek Banking Center, 2800 Virginia Parkway, McKinney, Texas 75070 at 6 p.m. on June 6, 2001 with respect to an issue of tax-exempt multifamily residential rental project revenue bonds in the aggregate principal amount not to exceed $13,250,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Texas Department of Housing and Community Affairs (the "Issuer"). The proceeds of the Bonds will be loaned to Hemma Ltd, (or a related person or affiliate thereof) (the "Borrower") a limited partnership, to finance a portion of the costs of acquiring, constructing and equipping a multifamily housing project (the "Project") described as follows: 232 unit multifamily residential rental development to be constructed on approximately 13 acres of land located approximately 920 feet north of Highway 380 in the 2000 block of Skyline Drive, McKinney, Collin County, Texas 75070. The Project will be initially owned and operated by Hemma Ltd. (or a related person or affiliate thereof). The Project will be initially managed by Hunt Building Corporation.

All interested parties are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or requests for additional information may be directed to Robert Onion at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-3872 and/or ronion@tdhca.state.tx.us.

Persons who intend to appear at the hearing and express their views are invited to contact Robert Onion in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Robert Onion prior to the date scheduled for the hearing.

Individuals who require auxiliary aids in order to attend this meeting should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or Relay Texas at 1 800 735-2989 at least two days before the meeting so that appropriate arrangements can be made.

TRD-200102742

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 16, 2001


Texas Department of Human Services

Correction of Error

The Texas Department of Human Services adopted new 40 TAC §30.90 concerning medical review and re-evaluation. The rule appeared in the February 16, 2001, issue of the Texas Register (26 TexReg 1555).

On page 1556, there is a typographical error in subsection (c). The word "Evaluation" should be "Re-Evaluation". The subsection should read as follows.

"(c) Subchapter I, Medical Review and Re-Evaluation, will go into effect on June 1, 2001."

TRD-200102772


Notice of Proposed Amendment concerning Attendant Compensation Rate Enhancement

In the May 18, 2001, issue of the Texas Register , the Texas Department of Human Services (DHS) proposed an amendment to §20.112 concerning attendant compensation rate enhancement, in its Cost Determination Process chapter. The purpose of the proposal is to clarify the definition of "attendant", add the Deaf-Blind Multiple Disabilities waiver program, and clarify the enrollment process. The amendment also revises the enrollment process to allow enrollments to "roll over" unchanged to the following year, unless the provider changes its enrollment status during the open enrollment period and revises the procedures for enrolling new facilities. The proposal states that if a provider fails to submit an accountability report within 60 calendar days following the imposition of the vendor hold, the provider will become a nonparticipant in the enhancement rate program. The ineligibility will continue until the report is submitted and recoupments (if any) are made. Detail was added to the description of the calculation of the attendant compensation rate component to better describe the actual calculation. The proposal clarifies that, when a provider serves clients in both the Residential Care and the Community Based Alternatives Assisted Living/Residential Care program in a single facility, the spending requirement is determined for both programs together and not separately. The proposal also clarifies the effective date for contractors who voluntarily withdraw contracts from being participants or requests to reduce the enhancement levels and clarifies the group or individual status of a provider that acquires a participating contract through a contract assignment.

For further information regarding the proposal or to make the proposal available for public review, contact local offices of DHS or Alisa Jacquet at (512) 438-4952 in DHS's Rate Analysis Department.

TRD-200102725

Paul Leche

General Counsel

Texas Department of Human Services

Filed: May 15, 2001


Texas Health and Human Services Commission

Notice of Proposed Amendment concerning Attendant Compensation Rate Enhancement

In the May 18, 2001 publication of the Texas Register , the Texas Health and Human Services Commission (HHSC) proposed an amendment to §355.112 concerning attendant compensation rate enhancement, in its Medicaid Reimbursement Rates chapter. The purpose of the proposal is to clarify the definition of "attendant", add the Deaf-Blind Multiple Disabilities waiver program, and clarify the enrollment process. The amendment also revises the enrollment process to allow enrollments to "roll over" unchanged to the following year, unless the provider changes its enrollment status during the open enrollment period and revises the procedures for enrolling new facilities. The proposal states that if a provider fails to submit an accountability report within 60 calendar days following the imposition of the vendor hold, the provider will become a nonparticipant in the enhancement rate program. The ineligibility will continue until the report is submitted and recoupments (if any) are made. Detail was added to the description of the calculation of the attendant compensation rate component to better describe the actual calculation. The proposal clarifies that, when a provider serves clients in both the Residential Care and the Community Based Alternatives Assisted Living/Residential Care program in a single facility, the spending requirement is determined for both programs together and not separately. The proposal also clarifies the effective date for contractors who voluntarily withdraw contracts from being participants or requests to reduce the enhancement levels and clarifies the group or individual status of a provider that acquires a participating contract through a contract assignment.

For further information regarding the proposal or to make the proposal available for public review, contact local offices of DHS or Alisa Jacquet at (512) 438-4952 in DHS's Rate Analysis Department.

TRD-200102726

Marina Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: May 15, 2001


Texas Department of Insurance

Name Applications

Application for admission to the State of Texas by MGIC CREDIT ASSURANCE CORPORATION, a foreign fire and casualty company. The home office is in Milwaukee, Wisconsin.

Application for admission to the State of Texas by PREFERRED HEALTH SYSTEMS INSURANCE COMPANY, a foreign life company. The home office is in Wichita, Kansas.

Application to change the name of HEALTHSOURCE INSURANCE COMPANY to BERKSHIRE LIFE INSURANCE COMPANY OF AMERICA, a foreign life company. The home office is in Pittsfield, Massachusetts.

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-200102750

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: May 16, 2001


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by American International Insurance Company proposing to use rates for homeowners insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting the following flex percent of -40% to +30% range for HO-A, HO-B & HO-C coverage forms by territory and size of risk range. The company is requesting -15% to +30% range for HO-BT, HO-CT, HO-CON-B & HO-CON-C coverage forms by territory and size of risk range. This is a new program, so there is no rate change effect.

Copies of the filing may be obtained by contacting George Russell, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 305-7468.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by June 7, 2001.

TRD-200102625

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: May 10, 2001


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by GEICO Indemnity Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEXAS INSURANCE CODE ANNOTATED, article 5.101, §3(g). The Company is requesting the following flex percent of +38.5% for Bodily Injury, +66.3% for Property Damage, +60.2% for Personal Injury Protection, +36.5% for UMBI, +387.5% for UMPD, +91.8% for Collision, +51.8% for Comprehensive, +160% for Rental Reimbursement, +25% for Emergency Road Service, and +30% for Medical Payments and CB Radio coverage. This overall rate change is +15.3%.

Copies of the filing may be obtained by contacting George Russell, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 305-7468.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to article 5.101, §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by June 8, 2001.

TRD-200102646

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: May 11, 2001


Third Party Administrator Applications

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

Application for admission to Texas of GRI of Houston, LLC, a foreign third party administrator. The home office is Duluth, Georgia.

Application for admission to Texas of Group Resources of Texas, LLC, (using the assumed name of Group Resources-Texas), a foreign third party administrator. The home office is Duluth, Georgia.

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

TRD-200102645

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: May 11, 2001


Third Party Administrator Applications

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

Application for incorporation in Texas of Cimarron Administrators, Inc., a domestic third party administrator. The home office is Dallas, Texas.

Application for incorporation in Texas of Highlander Financial Services, Inc., a domestic third party administrator. The home office is Spring, Texas.

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

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

TRD-200102749

Judy Woolley

Deputy Chief Clerk

Texas Department of Insurance

Filed: May 16, 2001


Texas Natural Resource Conservation Commission

Correction of Error

The Texas Natural Resource Conservation Commission proposed new sections for 30 TAC Chapter 106, concerning permits by rule. The rule was published in the May 4, 2001, issue of the Texas Register (26 TexReg 3351).

In the preamble under the subheading "SECTION BY SECTION DISCUSSION", in the paragraph that begins, "The commission reviewed all PBRs...", on page 3354, a reference was omitted from a list under "Exhibit B" for item number eight.

Item eight should include the reference to "§106.435, Classic or Antique Automobile Restoration Facility."

On the same page in the paragraph that begins, "Other PBRs have specific construction or operational restrictions..." under "Exhibit C", a list of 20 subchapters with the sections in each that are considered PBRs which contain specific emission, operational, or abatement conditions, but no record-keeping requirements. Item number nine of Exhibit C should not include the reference to "§106.317, Miscellaneous Metal Equipment". This reference was included in Exhibit A on page 3352.

TRD-200102773


Notice of Non-Adjudicatory Public Hearing (TMDL)

The Texas Natural Resource Conservation Commission (TNRCC or commission) has made available for public comment a draft implementation plan concerning sulfate and total dissolved solids (TDS) in E.V. Spence Reservoir near Robert Lee, Texas in Coke County. The TNRCC will also conduct a non- adjudicatory public hearing to receive comments on the implementation plan.

The E.V. Spence Reservoir is included in the State of Texas Clean Water Act, §303(d), List of impaired water bodies. As required by §303(d) of the federal Clean Water Act, Total Maximum Daily Loads (TMDLs) were developed for sulfate and TDS. The TMDLs were adopted by the commission on November 17, 2000, as updates to the State Water Quality Management Plan. Upon adoption by the commission, the TMDLs were submitted to EPA for review and approval.

A non-adjudicatory public hearing will be held in Midland, on June 19, 2001, at 7:00 p.m., at the University of Texas of the Permian Basin, Center for Energy and Economic Diversification, located at 1400 North FM 1788, Room 1324. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the matter 30 minutes prior to the hearing and will answer questions before and after the hearing. The purpose of the public hearing is to provide the public an opportunity to comment on the proposed plan. The commission requests comment on each of the six major components of the implementation plan: Description of Control Actions and Management Measures, Legal Authority, Implementation Schedule, Follow-up Monitoring Plan, Reasonable Assurance, and Measurable Outcomes. After the public comment period, TNRCC staff may revise the implementation plan, if appropriate. The final implementation plan will then be considered for approval by the commission. Upon approval of the implementation plan by the commission, the final implementation plan and a response to public comments will be made available on the TNRCC web site at http://www.tnrcc.state.tx.us/water/quality/tmdl . The implementation plan is a flexible tool that the governmental and non-governmental agencies involved in TMDL implementation will use to guide their program management.

Written comments should be submitted to Joyce Spencer, Texas Natural Resource Conservation Commission, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas, 78711-3087 or faxed to (512) 239-4808. All comments must be received by 5:00 p.m., June 25, 2001, and should reference 2001-0534-TML. For further information regarding this proposed TMDL implementation plan, please contact Clifton Wise, Office of Environmental Policy, Analysis, and Assessment, at (512) 239-2263. Copies of the document summarizing the proposed TMDL implementation plan can be obtained via the commission's web site or by calling Joyce Spencer at (512) 239-5017.

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

TRD-200102701

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 14, 2001


Notice of a Non-Adjudicatory Public Hearing (TDML Implementation Plan)

The Texas Natural Resource Conservation Commission (TNRCC or commission) has made available for public comment a draft implementation plan concerning legacy pollutants, chlordane, DDT, DDD, DDE, dieldrin, heptachlor epoxide, and polychlorinated biphenyls (PCBs), in the Trinity River and one urban lake in Dallas and Tarrant Counties, Texas. The TNRCC will also conduct a non-adjudicatory public hearing to receive comments on the implementation plan.

Mountain Creek Lake and the Trinity River in Dallas and Tarrant Counties are included in the State of Texas Clean Water Act, §303(d), List of Impaired Water Bodies. As required by §303(d) of the federal Clean Water Act, total maximum daily loads (TMDLs) were developed for chlordane, DDT, DDD, DDE, dieldrin, heptachlor epoxide, and PCBs. The TMDLs were adopted by the commission on December 20, 2000, as updates to the State Water Quality Management Plan. Upon adoption by the commission, the TMDLs were submitted to the United States Environmental Protection Agency for review and approval.

A non-adjudicatory public hearing will be held at the City of Irving Central Library Auditorium, located on 801 West Irving Boulevard on June 20, 2001, at 7:00 p.m. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the matter 30 minutes prior to the hearing and will answer questions before and after the hearing. The purpose of the public hearing is to provide the public an opportunity to comment on the proposed plan. The commission requests comment on each of the six major components of the implementation plan: Description of Control Actions and Management Measures, Legal Authority, Implementation Schedule, Follow-up Monitoring Plan, Reasonable Assurance, and Measurable Outcomes. After the public comment period, TNRCC staff may revise the implementation plan, if appropriate. The final implementation plan will then be considered for approval by the commission. Upon approval of the implementation plan by the commission, the final implementation plan and a response to public comments will be made available on the TNRCC web site at http://www.tnrcc.state.tx.us/water/quality/tmdl . The implementation plan is a flexible tool that the governmental and non-governmental agencies involved in TMDL implementation will use to guide their program management.

Comments should be submitted to Angela Slupe, Texas Natural Resource Conservation Commission, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments must be received by 5:00 p.m., June 25, 2001, and should reference 2001-0535- TML. For further information regarding this proposed TMDL implementation plan, please contact John Mummert, Region 4 Office, at (817) 588-5879. Copies of the document summarizing the proposed TMDL implementation plan can be obtained via the commission's web site or by calling Angela Slupe at (512) 239-4712.

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

TRD-200102702

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 14, 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 June 25, 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 June 25, 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: Del Oil & Gas Company, Incorporated dba Bud's Quick Chek; DOCKET NUMBER: 2000-1238-PST-E; TNRCC ID NUMBER: 0030453; LOCATION: 5001 River Oaks Boulevard, River Oaks, Tarrant County, Texas; TYPE OF FACILITY: underground storage tanks (USTs); RULES VIOLATED: §115.246(6) and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain a record of daily inspections; §115.248(1) and THSC, §382.085(b), by failing to ensure at least one Station representative receive training and instruction in the operation and maintenance of the Stage II vapor recovery system by successfully completing a training course approved by the Texas Natural Resource Conservation Commission; §334.7(d)(3), by failing to provide amended registration for any change or additional information regarding USTs within 30 days from the date of the occurrence of the change or addition, or within 30 days of the date on which the owner or operator first became aware of the change or condition; §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, an existing UST system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; §334.49(a) and TWC, §26.3475, by failing to have installed a method of corrosion protection for the tank system; §334.50(b)(1)(A) and TWC, §26.3475, by failing to ensure that all tanks are monitored for releases at a frequency of at least once every month; §334.51(b)(2)(C) and TWC, §26.3475, by failing to equip each tank with a valve or other device designed to automatically shut off the flow of regulated substances into the tank when the liquid level in the tank reaches no higher than 95% capacity; §334.93(a)(b), by failing to demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases; §334.22(a), by failing to pay annual Station fees for USTs; PENALTY: $16,500; STAFF ATTORNEY: Elisa Roberts, Litigation Division, MC R-4, (817) 588-5877; REGIONAL OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

TRD-200102708

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 15, 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 June 25, 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 June 25, 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: David H. Jones dba South Texas Tire Disposal; DOCKET NUMBER: 2000- 1179-MSW-E; TNRCC ID NUMBER: 25666; LOCATION: 1/2-mile east of Farm-to-Market Road 2556 on eastbound Expressway 83 (frontage road), La Feria, Cameron County, Texas; TYPE OF FACILITY: tire storage facility (facility); RULES VIOLATED: §328.60(a) and Texas Health and Safety Code (THSC), §361.112, by failing to obtain a scrap tire storage site registration for storage of more than 500 scrap tires on the ground; PENALTY: $9,000; STAFF ATTORNEY: Robert Hernandez, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Ave., Harlingen, Texas 78550-5247, (956) 425-6010.

(2) COMPANY: John Miller dba M & H Water Supply; DOCKET NUMBER: 1999-1400- PWS-E; TNRCC ID NUMBER: 1090061; LOCATION: Farm-to-Market Road 2114 and the Brazos River, Aquilla, Hill County, Texas; TYPE OF FACILITY: public water supply (system); RULES VIOLATED: §290.46(v), by failing to provide securely mounted conduit for electrical wiring in compliance with a local or national electrical code; §290.46(i), by failing to provide chemicals in the treatment of water that conform to the American National Standards Institute/National Sanitation Foundation Standard 60 for direct additives; §290.46(h), by failing to have on hand a supply of calcium hypochlorite disinfectant for repairs; §290.46(n), by failing to provide an updated distribution map detailing the location of water values and mains; §290.39(d)(1), (d)(2), and (j), by failing to obtain the services of a registered professional engineer well versed in the design and construction of public water systems so that "as-built" plans and specifications could be prepared and submitted for TNRCC review and by failing to provide notification in writing of improvements which resulted in an increase in storage capacity; §290.46(j)(1), by failing to provide customer service inspection certification for any new construction; §290.43(e) and §290.41(c)(3)(O), by failing to provide an intruder-resistant fence for the ground storage and pressure tanks and for the well; §290.46(d)(2)(A), by failing to maintain a minimum free chlorine residual of 0.2 mg/1 in the distribution system at all times; §290.46(f)(3), by failing to provide documentation of chlorine residual tests taken at least once every seven days from various locations within the distribution system; §290.43(c)(1) and (2), by failing to provide proper venting for ground storage tanks and proper gasket material for prevention of entry to the water supply by insects and other possible contaminants and to provide locked access opening; §290.46(m)(1)(A) and (B), by failing to provide annual inspection documentation on the ground storage tanks and on the pressure tank; §290.43(d)(3), by failing to provide a sanitary means of determining air-to-water ratio on a pressure tank that has greater than a 1000-gallon capacity; §290.46(m)(1)(B), by failing to maintain water tight conditions on the pressure tank; §290.41(c)(1)(F), by failing to provide sanitary control easement documentation for the well; §290.41(c)(3)(J), (K), and (M), by failing to provide a proper concrete sealing block for the well, a properly sealed wellhead and a screened casing vent for the well casing, and a suitable sampling tap on the well discharge prior to disinfection or treatment; §290.41(c)(3)(N), by failing to provide a properly operating flow meter on the well pump discharge line; PENALTY: $13,125; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Ave., Ste. 2500, Waco, Texas 76710-7826, (254) 751- 0335.

(3) COMPANY: Kenneth Sanders dba Jerry's Quick Change; DOCKET NUMBER: 1999- 0267-PST-E; TNRCC ID NUMBER: 15240; LOCATION: 5123 69th Street, Lubbock, Lubbock County, Texas; TYPE OF FACILITY: underground storage tank (UST); RULES VIOLATED: §334.50(a)(1)(A) and TWC, §26.3475, by failing to provide a release detection method, or combination of methods, capable of detecting a release from any portion of the UST system which contains regulated substances including the tanks, piping, and other ancillary equipment; §334.49(a) and TWC, §26.3475, by failing to have corrosion protection for the UST system; §334.93(a) and (b), by failing to demonstrate 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; §334.7(d)(3), by failing to provide amended registration for any change or additional information regarding USTs within 30 days from the date of the occurrence of the change or addition, or within 30 days of the date on which the owner or operator first became aware of the change or addition; PENALTY: $11,500; STAFF ATTORNEY: Darren Ream, Litigation Division, MC R-4, (817) 588-5878; REGIONAL OFFICE: Lubbock Regional Office, 4630 50th St., Ste. 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(4) COMPANY: Stan Trans, Inc.; DOCKET NUMBER: 1999-1475-AIR-E; TNRCC ID NUMBER: GB-0005-J; LOCATION: 201 Main Dock Road, Texas City, Galveston County, Texas; TYPE OF FACILITY: bulk liquid storage and transfer station (station); RULES VIOLATED: §116.115(c), THSC, §382.085(b), and TNRCC Air Permit Number 1677, Special Condition 15(B), by failing to obtain prior approval before installing a carbon canister on Tank Number 1006; §116.115, THSC, §382.085(b), and TNRCC Air Permit Number 1677, Special Condition 17(A), by failing to maintain accurate records for the control requirements for the tank truck or rail car loading of alkylate; §116.115(c), THSC, §382.085(b), and TNRCC Air Permit Number 1677, Special Condition 16(B)(2), by failing to properly conduct quarterly monitoring of the carbon canisters for Tank Number 502; §111.111(a)(4)(A)(ii), 40 Code of Federal Regulations Part 60, Subpart A, Agreed Order (Docket Number: 1995-1142-AIR-E), and THSC, §382.085(b), by failing to maintain records of daily or operational visible emission observations of the flares; §101.6(a)(1)(B), THSC, §382.085(b), and TNRCC Air Permit Number 1677, Special Condition 15(I), by failing to report a spill of polybutadiene as a result of loading and unloading operations; §101.6(a)(2)(E), THSC, §382.085(b), and TNRCC Air Permit Number 1677, Special Condition 15(I), by failing to estimate and document the quantity of a release of dimethyl disulfide as a result of loading and unloading operations; §116.115(c), THSC, §382.085(b), and TNRCC Air Permit Number 1677, Special Condition 15(B), by failing to equip an internal floating roof tank with a capacity greater than 25,000 gallons and containing a compound with a vapor pressure of greater than 0.5 pounds per square inch with an approved seal design on Tank Number 5501; PENALTY: $19,000; STAFF ATTORNEY: Scott McDonald, Litigation Division, MC R-4, (817) 588-5888; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Ste. H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200102709

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 15, 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 (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 25, 2001 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 25, 2001 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1) COMPANY: AKZO Nobel Chemicals, Inc.; DOCKET NUMBER: 2001-0037-AIR-E; IDENTIFIER: Air Account Number HG-0717-K; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: industrial organic chemicals; RULE VIOLATED: 30 TAC §101.10(e) and the Code, §382.085(b), by failing to submit an emissions inventory questionnaire; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Mike Meyer, (512) 239-4492; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Ameri-Forge Corporation; DOCKET NUMBER: 2000-1076-IWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 03767; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: metal shaping; RULE VIOLATED: 30 TAC §§305.125(1) and (9), 319.1, 319.7(c), TPDES Permit Number 03767, and the Code, §26.121, by failing to comply with permitted effluent limitations, remove and properly dispose of contaminated soil, provide noncompliance notification reports for flow and effluent quality values, comply with the permitted daily average flow and permitted daily maximum flow limits, prevent an unauthorized waste stream, contact cooling water from entering the collect and treatment systems, maintain signed copies of the monthly effluent reports in the records, maintain and operate the collection and treatment system to prevent an oily emulsion from being discharged into the receiving stream, and correctly calculate and report daily average and maximum flows; PENALTY: $22,500; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: BASF Corporation; DOCKET NUMBER: 2001-0103-IHW-E; IDENTIFIER: Solid Waste Registration Number 30024; LOCATION: Freeport, Brazoria County, Texas; TYPE OF FACILITY: organic chemical manufacturing; RULE VIOLATED: 30 TAC §335.69(a)(1)(B), §335.112(a)(9), and 40 Code of Federal Regulations (CFR) §262.34(a)(1)(ii), and §265.193(b) and (f), by failing to provide secondary containment for ancillary piping with threaded connections for valves, gauges, and joints; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Baxter Oil Service, Inc.; DOCKET NUMBER: 2000-1302-MLM-E; IDENTIFIER: Used Oil Facility Identification Number A85204; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: used oil processing; RULE VIOLATED: 30 TAC §324.4(2)(C)(i), by allegedly having received non-hazardous spent parts-cleaning solvent and blended it with used oil; PENALTY: $800; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Dorothy Rolater and Athalea Lane dba Boyd Acres; DOCKET NUMBER: 2001-0036-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 0610051; LOCATION: The Colony, Denton County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.121(b), by failing to provide a sample siting plan; 30 TAC §290.46(i), (m)(1), (r), and (w), by failing to provide a service agreement or copy of adopted plumbing code, a record of annual ground storage tank inspections, a minimum operating pressure of 36 pounds per square inch (psi) throughout the distribution system, and a sign at well site; 30 TAC §290.41(c)(1) and (3)(K), and (n)(3), by failing to provide sanitary conditions, a sealed well head, properly installed casing vent, well completion data for well number one and accurate metering device; 30 TAC §290.43(c)(1) and (6), (d)(2), and (e), and §290.41(c)(3)(O), by failing to provide a properly screened vent on the ground storage tank, pressure tanks which are tight against leakage, accurate pressure gauges on either of the pressure tanks, and an intruder-resistant fence; and 30 TAC §290.45(b)(1)(F)(iii), by failing to provide service pump capacity; PENALTY: $5,188; ENFORCEMENT COORDINATOR: Melinda Houlihan, (817) 588-5868; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(6) COMPANY: Chevron Phillips Chemical Company LP; DOCKET NUMBER: 2000-1267- AIR-E; IDENTIFIER: Air Account Number HG-0566-H; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: chemical plant; RULE VIOLATED: the Code, §382.085(a), by failing to prevent unauthorized emissions; and 30 TAC §290.51, by failing to pay outstanding public health service fees; PENALTY: $4,400; ENFORCEMENT COORDINATOR: Faye Liu, (713) 767-3726; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: Continental Cabinets Manufacturing, Inc.; DOCKET NUMBER: 2000-1117- AIR-E; IDENTIFIER: Air Account Number DB-0621-J; LOCATION: Lancaster, Dallas County, Texas; TYPE OF FACILITY: cabinet manufacturing; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 18054, and the Code, §382.085(b), by failing to vent all emissions generated from production operations; 30 TAC §§113.100, 113.410, 116.115(c), Permit Number 18054, 40 CFR Part 63, §§63.6, 63.9, 63.804, and 63.807, and the Code, §382.085(b), by failing to submit an initial demonstration of compliance; and 30 TAC §113.410, §116.115(c), Permit Number 18054, 40 CFR §63.803, and the Code, §382.085(b), by failing to prepare a work practice implementation plan, operating training course, maintain a written leaking inspection and maintenance plan, a formulation assessment plan, and submit the required reports; PENALTY: $15,625; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(8) COMPANY: Entergy Gulf States, Inc.; DOCKET NUMBER: 2001-0025-AIR-E; IDENTIFIER: Air Account Number JE-0045-S; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: electric services; RULE VIOLATED: 30 TAC §122.146(2), §122.143(4), and the Code, §382.085(b), by failing to submit annual certificates of compliance; and 30 TAC §122.145(2), §122.143(4), and the Code, §382.085(b), by failing to submit deviation reports; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Laura Clark, (409) 899-8760; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(9) COMPANY: Excel Associates Freight Forwarders, Inc.; DOCKET NUMBER: 2000-0790- IHW-E; IDENTIFIER: Industrial and Hazardous Waste (IHW) Identification Number F0532; LOCATION: Hidalgo, Hidalgo County, Texas; TYPE OF FACILITY: freight forwarding; RULE VIOLATED: 30 TAC §335.4 and the Code, §26.121, by failing to ensure the proper handling of industrial solid waste and allowed its discharge; 30 TAC §335.262(c)(2)(B), (D), and (F), and 40 CFR §262.40(c), by failing to maintain paint and paint-related waste in containers that are structurally sound, document and maintain hazardous waste determinations, and label or clearly mark containers of paint and paint-related waste; 30 TAC §335.504 and 40 CFR §262.11, by failing to determine if solid waste is hazardous; 40 CFR §273.32(a)(1) and §262.12(a), by failure of a large handler of universal waste to send written notification of universal waste management and receive an Environmental Protection Agency identification number; and 30 TAC §273.39(b), by failure of a large quantity handler of universal waste to keep a record of each shipment; PENALTY: $5,200; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(10) COMPANY: City of Garland; DOCKET NUMBER: 2000-1486-MSW-E; IDENTIFIER: Municipal Solid Waste Permit Number 1062A; LOCATION: Garland, Dallas County, Texas; TYPE OF FACILITY: landfill; RULE VIOLATED: 30 TAC §330.133(b) and (f), by failing to provide sufficient intermediate cover and prevent the erosion of intermediate cover; and 30 TAC §330.55(b), by failing to provide grid markers; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Tim Haase, (512) 239-6007; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(11) COMPANY: Goodyear Tire and Rubber Company; DOCKET NUMBER: 2001-0172-AIR- E; IDENTIFIER: Air Account Number JE-0039-N; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: rubber manufacturing; RULE VIOLATED: 30 TAC §116.115(c), §101.20(3), Air Permit Number 20040-PSD-TX-801, and the Code, §382.085(b), by failing to comply with the permitted oxides of nitrogen emission limits; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Laura Clark, (409) 899-8760; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(12) COMPANY: Heartland Rig International, Inc.; DOCKET NUMBER: 2000-1389-IHW-E; IDENTIFIER: IHW Registration Number 35046; LOCATION: Brady, McCulloch County, Texas; TYPE OF FACILITY: truck trailer manufacturing; RULE VIOLATED: 30 TAC §335.6(c), by failing to update notice of registration information; 30 TAC §335.9(a)(1), by failing to keep waste generation records; 30 TAC §335.69(a)(1)(A) and (2), §335.112(a)(1), and 40 CFR §262.34(a)(1)(i) and (2), and §262.15(d), by failing to record inspection of containers, dispose of a drum of hazardous waste thinner, and immediately label and mark accumulation date on drums of hazardous waste thinner; 30 TAC §335.70(b), by failing to maintain annual waste summaries; and 30 TAC §335.431(c) and 40 CFR §268.50(a)(1), by failing to remove a restricted waste; PENALTY: $31,350; ENFORCEMENT COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(13) COMPANY: Laguna Madre Water District; DOCKET NUMBER: 2001-0200-MWD-E; IDENTIFIER: TPDES Permit Number 10350-001; LOCATION: Port Isabel, Cameron County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10350-001, and the Code, §26.121, by failing to comply with the effluent limits for total ammonia nitrogen and total suspended solids; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(14) COMPANY: Yec Sin Lee; DOCKET NUMBER: 2000-1381-PWS-E; IDENTIFIER: PWS Number 1012819; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(F) and (3), (f)(3), and (g), and §290.122, (formerly 30 TAC §§290.105(a)(2), 290.106(a), (b)(1) and (5), and (e), and 290.103(5)), and the Code, §341.033(d), by failing to collect and submit the required number of additional routine samples for bacteriological analysis, collect and submit routine monthly water samples for bacteriological analysis, collect and submit repeat samples for bacteriological analysis, exceeded the maximum contaminant level (MCL) for total coliform bacteria, and provide public notice related to the exceedance of the MCL for total coliform bacteria; PENALTY: $800; ENFORCEMENT COORDINATOR: Kimberly McGuire, (512) 239-4761; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15) COMPANY: City of Littlefield; DOCKET NUMBER: 2001-0177-MWD-E; IDENTIFIER: Water Quality Permit Number 10207-001; LOCATION: Littlefield, Lamb County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (5), Water Quality Permit Number 10207-001, and the Code, §26.121, by failing to maintain and operate the treatment facility in order to achieve optimum efficiency of treatment capability, obtain representative soil samples of land irrigated with effluent, maintain effluent 30-day average for five-day biochemical oxygen demand, and submit written certification of compliance with its permit effluent limits; PENALTY: $6,250; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(16) COMPANY: Logo Materials, Inc.; DOCKET NUMBER: 2000-1027-MSW-E; IDENTIFIER: Unauthorized Site Number 45514007; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: municipal solid waste; RULE VIOLATED: 30 TAC §330.4 and the Code, §26.121, by failing to obtain authorization or a permit prior to accepting municipal solid waste for disposal; PENALTY: $1,320; ENFORCEMENT COORDINATOR: Gary McDonald, (361) 825-3122; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(17) COMPANY: Marathon Ashland Petroleum LLC; DOCKET NUMBER: 2000-0780-AIR-E; IDENTIFIER: Air Account Number GB-0055-R; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.715(a), Permit Number 22433, and the Code, §382.085(b), by failing to control emissions which exceeded the maximum allowable emission rate for sulfur oxide and submit the reports for stack tests; PENALTY: $22,500; ENFORCEMENT COORDINATOR: Sushil Modak, (512) 239-2142; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(18) COMPANY: Menasha Corporation; DOCKET NUMBER: 2000-1284-AIR-E; IDENTIFIER: Air Account Number RJ-0077-D; LOCATION: Rockwall, Rockwall County, Texas; TYPE OF FACILITY: protective packaging item production; RULE VIOLATED: 30 TAC §116.110(a) and the Code, §382.0518(a) and §382.085(b), by failing to obtain a permit or satisfy the conditions of a permit by rule for the cyclone/auger container system; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Susan Johnson, (512) 239-2555; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(19) COMPANY: New Beginnings, Inc.; DOCKET NUMBER: 2000-1300-PWS-E; IDENTIFIER: PWS Number 1710022; LOCATION: Dumas, Moore County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c) and (g), (formerly 30 TAC §290.106(a) and (e)(2)), by failing to collect and submit routine monthly water samples for bacteriological analysis and provide public notification of its failure to comply with coliform monitoring requirements; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239- 5867; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(20) COMPANY: Oasis Car Wash, Inc. dba Oasis Car Wash; DOCKET NUMBER: 2000-1029- PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Numbers 0012030 and 0050069; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: car wash; RULE VIOLATED: 30 TAC §115.242(3)(A) and the Code, §382.085(b), by failing to provide a nozzle spring on dispenser number two; and 30 TAC §115.245(2) and the Code, §382.085(b), by failing to perform a pressure decay test; PENALTY: $2,875; ENFORCEMENT COORDINATOR: Wendy Penland, (817) 588-5867; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(21) COMPANY: Oxy Vinyls, LP; DOCKET NUMBER: 2000-0097-AIR-E; IDENTIFIER: Air Account Number HG-0192-D; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(a), Air Permit Number 35280, and the Code, §382.085(b), by failing to maintain a maximum filling rate of 3,500 gallons per hour for each of the methanol tanks and maintain a maximum filling rate of 1,000 gallons per hour for the filling of drums; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Trina Lewison, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(22) COMPANY: Racetrac Petroleum, Inc.; DOCKET NUMBER: 2000-1240-PST-E; IDENTIFIER: PST Facility Identification Number 0070448; LOCATION: Mesquite, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC § 115.245(2) and the Code, §382.085(b), by failing to conduct pressure decay testing annually; 30 TAC §290.51(a)(3), by failing to pay public health service fees; and 30 TAC §334.21, by failing to pay underground storage tank (UST) fees; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5890; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(23) COMPANY: Daniel Sertuche dba Sertuche & Son Plumbing; DOCKET NUMBER: 2000- 1453-OSI-E; IDENTIFIER: Installer Registration Number 2177 (expired); LOCATION: Victoria, Victoria County, Texas; TYPE OF FACILITY: on-site installer; RULE VIOLATED: 30 TAC §285.58(a)(3) and the Code, §366.051(c) and §366.054; by failing to obtain the necessary permitting authority prior to installing or constructing an on-site sewage facility; and 30 TAC §285.50(b), (c), and (e), and the Code, §366.071, by failing to have a valid registration; PENALTY: $1,400; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(24) COMPANY: Strasburger Enterprises, Inc.; DOCKET NUMBER: 2001-0127-IWD-E; IDENTIFIER: National Pollutant Discharge Elimination System (NPDES) Permit Number TXG830049; LOCATION: Tyler, Smith County, Texas; TYPE OF FACILITY: gasoline wholesale; RULE VIOLATED: NPDES Permit Number TXG830049 and the Code, §26.121, by failing to comply with the permitted daily maximum concentration limit for benzene and pH; PENALTY: $2,250; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5145; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(25) COMPANY: Sun Valley Distribution, Inc.; DOCKET NUMBER: 2000-0842-AIR-E; IDENTIFIER: Air Account Number EE-1117-O; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: gasoline dispensing; RULE VIOLATED: 115.252(2) and the Code, §382.085(b), by allegedly allowing the transfer of gasoline with a Reid vapor pressure greater than seven pounds per square inch absolute; PENALTY: $720; ENFORCEMENT COORDINATOR: Rebecca Cervantes, (915) 834-4965; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901- 1206, (915) 834-4949.

(26) COMPANY: Mr. Diem Cao Truong dba T Market; DOCKET NUMBER: 2000-1031-PST- E; IDENTIFIER: PST Facility Identification Number 0025179; LOCATION: Hurst, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and the Code, §382.085(b), by failing to successfully perform the annual pressure decay test; 30 TAC §115.246(6) and the Code, §382.085(b), by failing to maintain a record of the daily inspection; 30 TAC §334.48(c) and the Code, §26.3475, by failing to conduct inventory volume measurements; 30 TAC §334.49(c)(4)(C) and the Code, §26.3475, by failing to test the cathodic protection system for operability; 30 TAC §334.50(b)(1)(A) and (2)(A)(ii)(I), and the Code, §26.3475, by failing to monitor tanks for releases monthly and perform tightness test for pressurized piping; 30 TAC §334.93(a) and (b), by failing to demonstrate financial responsibility; and 30 TAC §334.21, by failing to pay UST fees; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Melinda Houlihan, (817) 588-5868; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(27) COMPANY: Texas Curb Cut, Incorporated; DOCKET NUMBER: 2001-0107-EAQ-E; IDENTIFIER: Edwards Aquifer Protection Plan Number 0000010; LOCATION: Round Rock, Williamson County, Texas; TYPE OF FACILITY: storage rental; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to submit an Edwards Aquifer Protection Plan prior to commencing construction over the Edwards Aquifer recharge zone; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(28) COMPANY: Texas Department of Transportation; DOCKET NUMBER: 2000-1304-MLM- E; IDENTIFIER: Industrial Solid Waste Registration Number 64138; LOCATION: San Angelo, Tom Green County, Texas; TYPE OF FACILITY: road construction and maintenance; RULE VIOLATED: 30 TAC §335.62, by failing to perform hazardous waste determination on spent parts-cleaning solvent waste; and 30 TAC §334.4(b), by failing to ship the solvent waste to an authorized processor; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(29) COMPANY: Texas Parks and Wildlife Department Inks Lake State Park; DOCKET NUMBER: 2001-0052-MWD-E; IDENTIFIER: Water Quality Permit Number 11566-001 (expired); LOCATION: Burnet, Burnet County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: the Code, §26.121, by allegedly having applied wastewater without a permit; PENALTY: $4,000; ENFORCEMENT COORDINATOR: David Van Soest, (512) 239-0468; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(30) COMPANY: City of Venus; DOCKET NUMBER: 2001-0016-PWS-E; IDENTIFIER: PWS Number 1260006; LOCATION: Venus, Johnson County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(i), (iii), and (iv), (c)(3)(B) and (J), by failing to meet minimum water system capacity requirements of two or more wells, service pumps, and elevated storage capacity, meet the requirement that the casing shall extend a minimum of 18 inches above the elevation, and meet the requirement that the concrete sealing block must extend at least three feet from the well casing in all directions; PENALTY: $740; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5825; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010- 6499, (817) 588-5800.

(31) COMPANY: Western Transportation Inc.; DOCKET NUMBER: 2001-0162-PST-E; IDENTIFIER: Enforcement Identification Number 15901; LOCATION: Azle, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.221 and the Code, §382.085(b), by failing to ensure that during the transfer of gasoline from any delivery vessel into a stationary storage container that gasoline vapors displaced from the gasoline storage container are captured by the delivery vessel through a vapor recovery system; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5825; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(32) COMPANY: Xklen Corporation; DOCKET NUMBER: 2000-1306-MLM-E; IDENTIFIER: Industrial Solid Waste Registration Number 83163; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: solvent waste transportation service; RULE VIOLATED: 30 TAC §330.4(b), by allegedly having transported parts-cleaning solvent waste to an unauthorized processing facility; PENALTY: $360; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239- 5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200102711

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 15, 2001


Public Notice

The executive director of the Texas Natural Resource Conservation Commission (TNRCC) is issuing a public Notice of Intent to Delete (delist) the Thompson Hayward Chemical Company Proposed State Superfund Site (the Site) from the State Registry, the list of State Superfund sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. TNRCC is proposing this delisting because the Site has been accepted into the Voluntary Cleanup Program.

The Site, including all land, structures, appurtenances, and other improvements, is approximately 4.74 acres, located at U.S. Route 277 South, in Munday, Knox County, Texas. The Site also includes any areas where hazardous substance(s) have come to be located as a result, either directly or indirectly, of releases of hazardous substance(s) from the Site.

From the mid-1950s through the 1960s, the Site was used as a small-scale pesticide formulation and distribution facility. Structures on the site include metal, brick and wood buildings, three pesticide mixing pits, concrete foundations and a railroad spur. Commercial operations began in 1957 with the formulation and distribution of pesticides. Dry pesticide formulations and blending of liquid pesticides were accomplished in separate pits inside the metal and brick buildings, respectively. Arsenic and organochlorine pesticides have been found at the site.

The Site has been accepted into the TNRCC Voluntary Cleanup Program and is, therefore, eligible for deletion from the State Registry as provided by 30 TAC §335.344(c).

T H Agriculture & Nutrition, L.L.C. (THAN) conducted a Remedial Investigation and prepared a Response Action Plan (RAP) under an Agreed Administrative Order with the TNRCC. Response Actions were developed for soil, debris, and shallow groundwater. THAN plans to remediate the Site under the Texas Risk Reduction Program (TRRP) Remedy Standard B based on a commercial/industrial land use designation.

The Response Action described in the RAP consists of excavation and disposal of all soils contaminated with arsenic and organochlorine pesticides at concentration exceeding the TRRP Protective Concentration Limits established for the site. Miscellaneous debris will also be excavated and disposed at an appropriate permitted offsite permitted facility. The RAP describes how a deed notice will be filed with the real property records of Knox County to the effect that the site be restricted to commercial/industrial uses. The RAP also includes groundwater monitoring and restrictions on the use of the shallow groundwater. The Response Action described in the RAP will be conducted under the TNRCC Voluntary Cleanup Program.

As per 30 TAC §335.344(b), the TNRCC will hold a public meeting to receive comment on this proposed deletion. This meeting will not be a contested case hearing within the meaning of Texas Government Code, Chapter 2001. The meeting will be held at 10:00 a.m. on Tuesday, June 26, 2001, at the TNRCC offices, 12100 Park 35 Circle, Building C, Room 131E, and will consist of two parts: an informal discussion period and a formal comment period.

All persons desiring to make comments regarding the proposed deletion of the Site may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m., June 26, 2001 and should be sent to Jeffrey E. Patterson, TNRCC, Superfund Cleanup Section, Remediation Division, MC-143, P. O. Box 13087, Austin, TX 78711-3087. For further information, please contact Mr. Patterson at (800) 633-9363 or (512) 239-2489.

A portion of the record for the Site, including documents pertinent to the executive director's proposed delisting, are available for review during regular business hours at the City-County Library, 121 East B Street, Munday, Texas 76371, (940) 422-4877. The complete public file may be obtained during regular business hours at TNRCC's Records Management Center, Building D, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, telephone number (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (800) 633-9363 or (512) 239-2463. Requests should be made as far in advance as possible.

TRD-200102700

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 14, 2001


North Central Texas Council of Governments

Notice of Consultant Contract Award

Pursuant to the provisions of Government Code, Chapter 2254, the North Central Texas Council of Governments publishes this notice of consultant contract award. The consultant proposal request appeared in the March 16, 2001, issue of the Texas Register (26 TexReg 2241). The selected consultant will undertake the development of a rail planning and implementation study for the Dallas/Fort Worth International Airport.

The consultant selected for this project is DMJM Aviation, 1200 Summit Avenue, Fort Worth, Texas. The maximum amount of this contract is $750,000. Work on this project began May 8, 2001, and all work will be completed by December 2001.

TRD-200102695

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: May 14, 2001


Public Utility Commission of Texas

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 8, 2001, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Sprint Communications Company, L.P. doing business as Sprint for an Amendment to its Certificate of Operating Authority (COA) and for a Service Provider Certificate of Operating Authority (SPCOA), Docket Number 23552 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, and long distance services. Applicant seeks to discontinue to provide residential retail local exchange services by resale in Southwestern Bell Telephone and Verizon service areas. Applicant will continue to provide services through its ION product. Sprint also offers business retail local exchange services by resale. Sprint requests the commission approve relinquishments of its COA number 50006 and in lieu thereof, grant it an SPCOA.

Applicant's requested SPCOA geographic area includes Southwestern Bell Telephone Company and Verizon service areas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than June 1, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200102723

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 15, 2001


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 8, 2001, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Provis Broadband Texas, LLC, doing business as Provis Broadband for a Service Provider Certificate of Operating Authority, Docket Number 24085 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL, SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, long distance services and Internet access.

Applicant's requested SPCOA geographic area includes the entire state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than May 30, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200102647

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 11, 2001


Notice of Application for Waiver to Requirements in P.U.C. Substantive Rule §26.25

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 8, 2001, for waiver of the requirements of P.U.C. Substantive Rule §26.25, Issuance and Format of Bills.

Docket Title and Number: Application of U. S. Online, Inc. (USOL) for Temporary Waiver of the Bill Formatting Requirements in P.U.C. Substantive Rule §26.25. Docket Number 24084.

The Application: USOL is requesting a temporary waiver of the implementation deadline, from February 15, 2001 to August 1, 2001. USOL asserts that it is currently unable to comply with all the requirements contained in the rule due to problems encountered by the company's billing vendor.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All comments should reference Docket Number 24084.

TRD-200102691

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 14, 2001


Notice of Application for Waiver to Requirements in P.U.C. Substantive Rule §26.25

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 3, 2001, for waiver of the requirements of P.U.C. Substantive Rule §26.25, Issuance and Format of Bills.

Docket Title and Number: Application of West Texas Rural Telephone Cooperative, Inc. (West Texas) for Temporary Waiver of the Bill Formatting Requirements in P.U.C. Substantive Rule §26.25. Docket Number 24089.

The Application: West Texas is requesting a temporary waiver of the implementation deadline, from February 15, 2001 to August 5, 2001. West Texas asserts that it is currently unable to comply with all the requirements contained in the rule due to problems encountered by the cooperative's billing vendor.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All comments should reference Docket Number 24089.

TRD-200102692

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 14, 2001


Notice of Application for Waiver to Requirements in P.U.C. Substantive Rule §26.25

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 3, 2001, for waiver of the requirements of P.U.C. Substantive Rule §26.25, Issuance and Format of Bills.

Docket Title and Number: Application of W. T. Services, Inc. (WTS) for Temporary Waiver of the Bill Formatting Requirements in P.U.C. Substantive Rule §26.25. Docket Number 24090.

The Application: WTS is requesting a temporary waiver of the implementation deadline, from February 15, 2001 to August 5, 2001. WTS asserts that it is currently unable to comply with all of the requirements contained in the rule due to problems encountered by the company's billing vendor.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All comments should reference Docket Number 24090.

TRD-200102693

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 14, 2001


Notice of Application for Waiver to Requirements in P.U.C. Substantive Rule §26.25

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 3, 2001, for waiver of the requirements of P.U.C. Substantive Rule §26.25, Issuance and Format of Bills.

Docket Title and Number: Application of International Exchange Communications, Inc. (IECom) for Temporary Waiver of the Bill Formatting Requirements in P.U.C. Substantive Rule §26.25. Docket Number 24091.

The Application: Matrix Telecom, Inc. (Matrix) on behalf of IECom is requesting a temporary waiver of the implementation deadline, for an extension of time to comply with the rule requirements. Matrix informs the commission that IECom is in bankruptcy and being managed through the bankruptcy by Matrix. Matrix was unaware of IECom's non-compliance and requests an extension of time to determine IECom's compliance with the requirements of P.U.C. Substantive Rule §26.25.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All comments should reference Docket Number 24091.

TRD-200102694

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 14, 2001


Notice of Application for Waiver to Requirements in P.U.C. Substantive Rule §26.25

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 14, 2001, for waiver of the requirements of P.U.C. Substantive Rule §26.25, Issuance and Format of Bills.

Docket Title and Number: Application of Progressive Concepts, Inc. (PC) for Short Term Waiver of the Bill Formatting Requirements in P.U.C. Substantive Rule §26.25. Docket Number 24106.

The Application: PC is requesting a temporary waiver of the implementation deadline, from February 15, 2001 to September 30, 2001, with respect to P.U.C. Substantive Rule §26.25. PC asserts that it is currently unable to comply with all the requirements contained in the rule.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All comments should reference Docket Number 24106.

TRD-200102729

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 15, 2001


Notice of Joint Petition of Verizon Southwest, Inc. et.al. to Provide Extended Metropolitan Service

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a joint application on April 27, 2001, seeking approval of optional, two-way, Extended Metropolitan Service (EMS), from the Willis Exchange to the Houston Metropolitan Exchanges, pursuant to P.U.C. Substantive Rule §26.217.

Project Title and Number: Joint Petition of Verizon Southwest, Inc, Governmental Representatives of the Willis Exchange, Southwestern Bell Telephone Company, and Alltel Communications, Inc., to Provide Optional, Two-Way, Extended Metropolitan Service (EMS) from the Willis Exchange to the Houston Metropolitan Exchanges, Pursuant to P.U.C. Substantive Rule §26.217(b)(8), Project Number 24029.

The Joint Petition and Agreement: The proposed plan is an optional, two-way, extended metropolitan area service offering to which Verizon Southwest, Inc.'s residence and business local exchange customers within the Willis Exchange will be able to call within the designated calling area for a monthly, flat rate.

The joint applicants have requested that the joint agreement filing be processed administratively pursuant to P.U.C. Substantive Rule §26.217(b)(8). Persons who wish to intervene in the proceeding or comment upon action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than August 7, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7003.

TRD-200102722

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 15, 2001


Notice of Petition for Expanded Local Calling Service

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a petition on April 4, 2001, for expanded local calling service (ELCS), pursuant to Chapter 55, Subchapter C of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Petition of the Miami Exchange for Expanded Local Calling Service, Project Number 23918.

The petitioners in the Miami exchange request ELCS to the exchanges of Borger, Shamrock, and Wheeler.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than May 31, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200102721

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 15, 2001


Public Notice of Interconnection Agreement

On May 8, 2001, Etex Telecom and Verizon Southwest, 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 24087. 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 24087. 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 June 8, 2001, and shall include:

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

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

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

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

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

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

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 24087.

TRD-200102703

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 14, 2001


Request for Information for Outreach Services for Speech-to-Speech Relay Telecommunications Services

The Public Utility Commission of Texas (commission) is issuing a Request for Information (RFI) for Outreach Services for Speech-to-Speech Relay Telecommunications Services. The request is being undertaken pursuant to the commission's statutory responsibility to provide relay telecommunications services. Further information regarding relay services may be found in the Texas Utilities Code, Public Utility Regulatory Act, Chapter 56, Subchapter D.

To be considered, the responses must arrive at the commission on or before 3:00 p.m., C.S.T., Friday, July 13, 2001.

The Public Utility Commission is requesting responses from entities with any relevant experience in conducting public awareness campaigns, particularly experience with campaigns targeted at persons with disabilities. Entities that meet the definition of a historically underutilized business (HUB), as defined in Texas Government Code, Chapter 2161, §2161.001, are encouraged to submit a response.

Project Description. The Public Utility Commission of Texas requests information on conducting an outreach effort to notify persons with speech disabilities of the availability of relay services for the speech disabled and how to access the service.

Use of Information Gathered Selection. The commission will use the information gathered to determine whether to issue a request for proposals to provide the outreach services. If a request for proposals is issued, the commission will select one or more contractors to provide outreach services based on the ability of the proposer to provide the best value in carrying out requirements identified in the RFP. Evaluation criteria will include, but is not limited to, evidence of ability to manage the project; experience of the organization; qualifications of assigned personnel; evidence of successful projects of a similar nature; the clarity of the description of details for carrying out the project; the total estimated fee; and whether the proposed project time lines are logical and appropriate.

Requesting the RFI. A complete copy of the RFI may be obtained by writing Ed Bosson, Relay Texas Administrator, Public Utility Commission, P.O. Box 13326, Austin, Texas 78711- 3326, or emailing ed.bosson@puc.state.tx.us, or faxing (512) 936-7003. The RFI will be available Friday, May 25, 2001 and will be mailed on that date to all parties who have requested a copy and to a list of prospective respondents prepared by commission staff.

Deadline for Receipt of Responses. Responses must be received no later than 3:00 p.m. on Friday, July 13, 2001, in the Central Records Division of the Public Utility Commission of Texas, Room G-113, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Responses received in Central Records after 3:00 p.m. on Friday, July 13, 2001 will not be considered. Responses may be filed in Central Records between 9:00 a.m. and 5:00 p.m., Monday through Friday. Regardless of the method of submission of the Response, the commission will rely solely on Central Records' time/date stamp in establishing the time and date of receipt. Responses should be filed under Project Number 23033.

TRD-200102724

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 15, 2001


Railroad Commission of Texas

Synopsis of Dissent of Commissioner Charles W. Matthews from Railroad Commission of Texas Order Adopting New Rule 16 T.A.C. §1.10

On May 8, 2001, the majority of the Railroad Commission of Texas adopted a new substantive rule regarding recusal of commissioners in contested cases. I believe this rule violates Article II, §1 of the Texas Constitution, which separates the powers of government into the legislative, executive, and judicial branches. The Commission lacks the authority to adopt such a rule, and the rule conflicts with the current law regarding the qualification of commissioners to hear contested cases. Accordingly, I dissent. According to the preamble of the rule, the provisions of the new rule are not binding on a commissioner. Instead, they are "offered as a rule so that members of the public will know the standards of ethical conduct to which the commissioners, individually and voluntarily, hold themselves." For the record, I want to make clear that I do not bind myself to this rule.

I filed comments on the proposed rule on March 26, 2001. I want to take this opportunity to address the Commission's two substantive responses to my comments. The Commission's argument that Article 6447 specifically permits this rule as "necessary for [the Commission's] government" is inconsistent with both the structure and language of Article 6447. The second paragraph of Article 6447, entitled "Qualifications," is the only part of Article 6447 that specifically deals with commissioner conflict of interest. The provision concerning commissioners having authority to make rules for their governance appears under the heading "Organization," which is directed to the organization and day-to-day operations of the Commission and has nothing to do with the qualifications of a commissioner to hold office or the reasons a commissioner would be disqualified or should recuse. The conflict of interest provisions that specifically set forth the bases for recusal of a commissioner are in Chapter 572 of the Government Code.

Although not stated in the text of the rule, the preamble recites that the rule is not binding. Hence, the Commission appears to have accepted my argument that it has no authority to promulgate a binding rule regarding recusal of commissioners. Designating the proposed rule as voluntary rather than mandatory does not cure the problem that this rule exceeds the Commission's authority. This voluntary aspect of the rule raises several questions. Why would the Commission adopt a rule that is not binding? Does a non-binding rule even constitute an appropriate rule under the Administrative Procedure and Practice Act? If the purpose of the rule is to inform the public about the standards of ethical conduct to which the commissioners bind themselves, how is the public supposed to be informed that the rule is voluntary and not binding if the text of the rule itself does not say so?

I also believe that the provisions of this rule do not constitute good public policy. It is especially cynical and self-serving for an elected body to create its own ethical rules. In so doing, officeholders could create rules specifically designed to preclude an actual or potential opponent from either qualifying for office or taking action on matters before the Commission.

The Commission's adoption of the rule in question violates the fundamental tenet of administrative law that an agency can adopt only such rules as are authorized by and consistent with its statutory authority. The new rule exceeds the Commission's rulemaking authority and conflicts with established law. The conditions in the new rule under which a Railroad Commissioner must recuse himself or herself from a contested case go well beyond those adopted by the Legislature and set forth in Government Code §572.058 and Article 6447. The Legislature has not delegated to the Commission the authority to adopt a rule that purports to bind individual commissioners to a standard of ethical conduct higher than the standard enacted by the Legislature.

The majority's reliance on the Texas Rules of Civil Procedure is inappropriate. The standard imposed by statute and constitution upon judges expressly requires recusal when a party is related to the judge by the third degree of affinity or consanguinity. There are no such statutory or constitutional provisions extending conflict of interest provisions to the third degree of kinship to the Railroad Commission of Texas. Adopting a rule that imposes requirements in addition to those set by law, departs from and conflicts with the statute. Accordingly, the rule is an invalid exercise of the Commission's authority.

If this Commission wants higher ethical standards to apply to its members, it should ask the Legislature to mandate the higher standards. So far, the Legislature has not chosen to do so. In fact, earlier this session, the Sunset Advisory Committee rejected recommending any changes to the ethical standards applicable to the Texas Railroad Commissioners.

This is an issue of significant enough importance that Senator Frank Madla, Chairman of the Intergovernmental Relations Committee, at my behest, requested an Attorney General Opinion regarding the legality of the proposed rule. The Attorney General received the request on April 6, 2001, and the Chair of the Opinion Committee set a due date of October 3, 2001, for the opinion. My colleagues declined to extend the courtesy to Senator Madla and General Cornyn of deferring action on the rule until the Attorney General Opinion had been issued.

For the reasons set forth above, I respectfully dissent. For copies of my comments filed on March 26, 2001, or the complete version of my dissent, please contact the Commission's General Counsel at (512) 463-7003. Both the comments and the complete version of the dissent will be available on my website at www.rrc.state.tx.us/commissioners/matthews/index.html.

TRD-200102730

Mary Ross McDonald

Deputy General Counsel, Office of General Counsel

Railroad Commission of Texas

Filed: May 15, 2001


Southwest Texas State University

Consultant Proposal Request

The Gilbert M. Grosvenor Center for Geographic Education

Southwest Texas State University in San Marcos, Texas solicits proposals for a consultant to conduct a feasibility study to determine the expected success of a capital campaign that will focus on Gil M. Grosvenor and his accomplishments.

Your proposal should include the following elements:

• your philosophy on conducting a capital campaign without conducting a feasibility study

• an outline of your approach to and method of conducting a capital campaign

• identification of strategies for reaching prospects for a capital campaign, including the active participation of Gilbert Grosvenor and the National Geographic Society

• names/qualification of the principal individuals who will be assigned this project

• a list of clients your firm has served in this capacity

• a proposed fee and payment schedule for a feasibility study and a separate fee schedule for a campaign only

• a suggested time frame

Contact: Carroll D. Wiley, Associate Vice President for University Advancement, Southwest Texas State University, San Marcos, TX 78666, 1-800-687-6124

Closing date: 30 days from posting date

TRD-200102655

William A. Nance

Vice President for Finance and Support Services

Southwest Texas State University

Filed: May 11, 2001


Stephen F. Austin State University

Notice of Availability of Consulting Services Contract

This request for consulting services is filed under the provisions of the Government Code, Chapter 2254.

Stephen F. Austin State University (SFA), Nacogdoches, Texas, requests proposals from consulting firms to identify sources of extramural funding in Washington, DC, to support specific areas of research and development for the University and cooperators; represent the University in meetings with governmental agencies, conservation organizations, industry associations, and private research firms; arrange briefings for University faculty and staff; and schedule and/or host meetings in Washington, DC, between University personnel and potential funding sources.

Expertise among nationally recognized faculty at Stephen F. Austin State University affords excellent potential for developing major research and outreach programs in the very narrow and specific areas of:

1) Carbon Sequestration Through the Growth of Trees. Carbon dioxide, a pollutant generated by fossil fuel combustion and considered a major greenhouse gas, is also a primary ingredient in the formation of wood in trees. By planting trees in previously unforested areas, or by increasing the growth and productivity of existing forests, we may be able to extract significant quantities of carbon dioxide from the air and convert it into a valuable resource. Research is needed to quantify the sequestration of carbon with a wide variety of trees on a wide range of physiographic regions.

2) Animal Waste Disposal on Forest Land. Poultry, swine, and cattle production is an increasingly important aspect of the sustainable economic development in rural America. However, disposal of wastes from production facilities has become a major problem. Since animal wastes contain high levels of nutrients especially nitrogen significant potential exists for disposing of animal wastes on forest land. Information is needed both on beneficial and negative impacts of such land applications.

3) Biotechnology of Medicinal Plants. Chemical compounds that occur naturally in trees and other plants offer great promise in the treatment of certain cancers. Excellent potential exists at SFA for maximizing the production of such beneficial chemical compounds and their analogs by developing cultivars and cultural techniques. Opportunities for rural economic development can be realized through efforts to encourage the planting of trees, the harvesting of tissues, and the extraction of chemicals locally.

The University intends to make the selection of a consulting firm by July 1, 2001. Previous experience, client references, and billing packages will be important considerations in the award of the proposed contract.

Interested parties are invited to contact Dr. R. Scott Beasley, Dean, Arthur Temple College of Forestry by June 15, 2001 to express their interest and describe their capabilities. Further information may be obtained from Dr. Beasley at (936) 468-3304, or by mail at Arthur Temple College of Forestry, Stephen F. Austin State University, P. O. Box 6109, Nacogdoches, Texas 75962-6109.

TRD-200102747

R. Yvette Clark

General Counsel

Stephen F. Austin State University

Filed: May 16, 2001


Texas Turnpike Authority, Division of the Texas Department of Transportation

Notice of Availability of Final Environmental Impact Statement (US 183A)

The Texas Turnpike Authority (TTA), a division of the Texas Department of Transportation, hereby issues this notice to advise the public that a Final Environmental Impact Statement (FEIS) has been prepared and approved for proposed U.S. Highway 183 Alternate (US 183A). As proposed, the project would be located in southwestern Williamson County, east of existing US 183 and the cities of Cedar Park and Leander. The study limits, addressed in the FEIS, extend from existing US 183 at RM 620, north to existing US 183 approximately three miles north of the City of Leander. The length of the proposed facility is approximately 12 miles. The purpose of the proposed facility is to alleviate traffic congestion on existing US 183, and improve mobility and safety on area roadways.

Alternatives evaluated in the FEIS, and presented at the public hearing, include taking no action (the "no build" alternative) and two primary route alternatives (Alternative 1 and Alternative 2). Alternative 1 begins at RM 620 and follows existing US 183 to Lakeline Blvd. At Lakeline Blvd, it veers northeast then north, approximately three-fourths of a mile east of existing US 183. After crossing FM 1431, Alternative 1 again veers northeast then north until it crosses RM 2243. After crossing RM 2243, Alternative 1 follows a northwest path until it rejoins existing US 183 approximately 3 miles north of the City of Leander. Like Alternative 1, Alternative 2 begins at RM 620 and follows existing US 183 to Lakeline Blvd. At Lakeline Blvd, it veers northeast then north approximately 2 miles east of existing US 183. North of FM 1431, Alternative 2 roughly follows County Road 272 until it crosses Brushy Creek. After crossing Brushy Creek, Alternative 2 follows a northwest path until it rejoins existing US 183 north of Leander. Alternative 1 is identified in the FEIS as the preferred alternative.

As currently proposed, the ultimate facility design is anticipated to be a controlled access six mainlane roadway within a usual right-of-way of 400 feet. Frontage roads, auxiliary lanes, grade separations and direct connection ramps will be constructed at varying locations, depending on the final alignment and design.

The proposed US 183A project is being developed as a toll road candidate. Accordingly, in conjunction with other project development related activities, TTA is conducting a study to evaluate the feasibility of developing the proposed project as a toll road and financing it, in whole or in part, through the issuance of revenue bonds.

The US 183A FEIS is available for review at the offices of the TTA, 125 E. 11th Street, Austin, Texas 78701 and at the TTA Project Office, 1421 Wells Branch Parkway, Building 1, Suite 107, Pflugerville, Texas 78660. Copies of the FEIS may be purchased from TTA for the actual cost of reproduction.

Copies of the FEIS have also been filed with and are available for public review at the Austin Public Library/Austin History Center (Reading Room), the Cedar Park Public Library, and the Leander Public Library.

Comments on the FEIS may be submitted to Ms. Stacey Benningfield, Environmental Manager, Texas Turnpike Authority Division, Texas Department of Transportation, 125 E. 11th Street, Austin, Texas 78701-2483. For additional information contact Ms. Benningfield at the TTA Project Office or by telephone at (512) 225-1351.

TRD-200102736

Phillip Russell

Director

Texas Turnpike Authority, Division of the Texas Department of Transportation

Filed: May 16, 2001


The University of Texas System

Consultant Proposal Request

The University of Texas at Austin requests, pursuant to the provisions of the Government Code, Chapter 2254.029, the submission of proposals leading to the award of a contract for Consulting Services. The University's objective is to develop the following:

(a) Facility Naming Rights packages, with projected values;

(b) Projected values for new arena suites;

(c) Prospective list of companies with an interest in acquiring naming rights;

(d) Strategies and procedures for marketing and sale of naming rights;

(e) Terms and conditions for a long-term Naming Rights Contract with one or more sponsoring entities selected by University; and

(f) Procedures for fulfillment of the Naming Rights Contract between University and the selected sponsoring entity or entities.

An award for the services specified herein will be made following a procedure using competitive sealed proposals.

Proposals will be opened publicly to identify the names of the RESPONDENTS, but will be afforded security sufficient to preclude disclosure of the contents of the proposal, including prices or other information, prior to award. After opening, an award may be made on the basis of the proposals initially submitted, without discussion, clarification, or modification, or on the basis of negotiation with any of the RESPONDENTS or, at UNIVERSITY'S sole option and discretion, UNIVERSITY may discuss or negotiate all elements of the proposal with selected RESPONDENTS which represent a competitive range of proposals. For purposes of negotiation, a competitive range of acceptable or potentially acceptable proposals may be established comprising the highest rated proposal(s). After the submission of a proposal but before making an award, UNIVERSITY may permit the offeror to revise the proposal in order to obtain the best final offer. UNIVERSITY may not disclose any information derived from the proposals submitted from competing offers in conducting such discussions. UNIVERSITY will provide each offeror with an equal opportunity for discussion and revision of proposals. Further action on proposals not included in the competitive range will be deferred pending an award, but UNIVERSITY reserves the right to include additional proposals in the competitive range if deemed in the best interest of UNIVERSITY. UNIVERSITY reserves the right to award a Contract for all or any portion of the requirements proposed by reason of this request, award multiple Contracts, or to reject any and all proposals if deemed to be in the best interests of UNIVERSITY and to re-solicit for proposals, or to reject any and all proposals if deemed to be in the best interests of UNIVERSITY and to temporarily or permanently abandon the procurement. If UNIVERSITY awards a contract, it will award the contract to the offeror whose proposal is the most advantageous to UNIVERSITY, considering price and the evaluation factors set forth in this RFP. The contract file must state in writing the basis upon which the award is made.

Interested parties may contact David Huertas at The University of Texas at Austin Purchasing Office for a copy of the RFP document by calling (512) 471-2858 or e-mailing him at djhuertas@mail.utexas.edu and referencing RFP for Naming Rights. Alternate contact is Dana Springs at (512) 471-2856 or springs@mail.utexas.edu.

An original and five (5) copies of the proposal must be submitted by the Proposal submission deadline of 2 P.M., June 14, 2001.

TRD-200102727

Francie A. Frederick

Counsel and Secretary to the Board

The University of Texas System

Filed: May 15, 2001


Texas Water Development Board

Request for Qualifications for Bond Counsel

The Texas Water Development Board (Board) and Texas Water Resources Finance Authority (Authority) are requesting proposals for bond counsel services. The deadline for proposal submission is 12:00 p.m., June 15, 2001.

The Board's/Authority's Boards of Directors will make their selection based upon demonstrated competence, experience, knowledge and qualifications. The Board's/Authority's Boards of Directors will then negotiate with the firm(s) selected a contract at a fair and reasonable price. By the Request for Qualification the Board/Authority has not committed themselves to employ bond counsel nor does the suggested scope of service or term of agreement therein require that the bond counsel be employed for any or all of those purposes. The Board/Authority reserves the right to make those decisions after receipt of proposals and the Board's/Authority's decision on these matters is final. The Board/Authority reserves the right to negotiate individual elements of the Firm's proposal and to reject any and all proposals.

Copies of the Request for Qualifications may be obtained by calling or writing Sissie Stacy at (512) 936-2246, fax (512) 463-5580.

TRD-200102741

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: May 16, 2001