Texas Department of Criminal Justice

Request for Proposals to Provide Training to Currently Employed Non-Entry Level Workers

East Texas Council of Governments

Notice of Request for Proposals for those interested in receiving grant funds to provide training to currently employed non-entry level workers.

This Request for Proposals to interested vendors is filed under the provisions of Government Code 2254.

Notice is given that the East Texas Council of Governments (ETCOG) as the administrative entity for the local Workforce Development Board is soliciting proposals for current worker training. The Achieving Performance Excellence (APEX) Grant seeks to provide resources to businesses and educators in order to develop current worker training for the purpose of allowing workers to: obtain skill upgrades, enhance earnings potential, and secure career advancement opportunities.

Interested parties with questions should contact: Daniel Pippin, Regional Planner, ETCOG (903) 984-8641. If Mr. Pippin is unavailable, you may speak with Gary Allen, Section Chief-Planning and Board Support. Requests for the Request for Proposals should be sent to: East Texas Council of Governments 3800 Stone Road Kilgore, TX 75662 Attention: Wendell Holcombe Fax: 903-983-1440

Proposals will not be released prior to March 22, 2002. The closing date for the receipt of responses to the Request for Proposals is 5:00 p.m. Central Daylight Time, May 7, 2002.

The ETCOG Executive Committee, who will be responsible for the contract award, will review the responses.

TRD-200201809

Glynn Knight

Executive Director

East Texas Council of Governments

Filed: March 22, 2002

Texas Education Agency

Request for Applications Concerning Open-Enrollment Charter Guidelines and Application

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-02-014 from eligible entities to operate open-enrollment charter schools. Eligible entities include public institutions of higher education, private or independent institutions of higher education, organizations exempt from taxation under the Internal Revenue Code of 1986 (26 United States Code, §501(c)(3)), or governmental entities. At least one member of the governing board of the group requesting the charter must attend one required applicant conference. Required applicant conferences are scheduled for Friday, April 19, 2002; Friday, April 26, 2002; and Monday, May 6, 2002, from 9:00 a.m. to 1:00 p.m. in Room 1-104, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701-1494. Failure to attend one of the conferences will disqualify an applicant from submitting an application for an open-enrollment charter.

Description. The purpose of an open-enrollment charter is to provide an alternative avenue for restructuring schools. An open-enrollment charter offers flexibility and choice for educators, parents, and students. An approved open-enrollment charter school may be located in a facility of a commercial or nonprofit entity or in a school district facility. If the open-enrollment charter school is to be located in a school district facility, it must be operated under the terms established by the board of trustees or governing body of the school district in an agreement governing the relationship between the school and the district.

An open-enrollment charter school will provide instruction to students at one or more elementary or secondary grade levels as provided by the charter. It is governed under the specifications of the charter and retains authority to operate for the term of the charter contingent on satisfactory student performance as defined by the state accountability system. An open-enrollment charter school does not have the authority to impose taxes.

An open-enrollment charter school is subject to federal laws and certain state laws governing public schools, including laws and rules relating to criminal offenses, requirements relating to the Public Education Information Management System (PEIMS), criminal history records, high school graduation, special education programs, bilingual education, prekindergarten programs, extracurricular activities, health and safety provisions, and public school accountability. As stated in Texas Education Code (TEC), §12.156, in matters related to operation of an open-enrollment charter school, an open-enrollment charter school is immune from liability to the same extent as a school district, and its employees and volunteers are immune from liability to the same extent as school district employees and volunteers. A member of the governing body of an open-enrollment charter school or of a charter holder is immune from liability to the same extent as a school district trustee. An employee of an open-enrollment charter school who qualifies for membership in the Teacher Retirement System of Texas shall be covered under the system to the same extent a qualified employee of a school district is covered.

Dates of Project. Applicants should plan for a starting date of no earlier than fall 2003. Charters are awarded for periods to be determined by the State Board of Education (SBOE), subject to annual reviews.

Project Amount. TEC, §12.106(a), states that a charter holder is entitled to receive funding under TEC, Chapter 42, for the open-enrollment charter school as if the school were a school district without a tier one local share for purposes of TEC, §42.253, and without any local revenue (LR) for purposes of TEC, §42.302. In determining funding for an open-enrollment charter school, adjustments under TEC, §§42.102-42.105, and the district enrichment tax rate (DTR) under TEC, §42.302, are based on the average adjustment and average DTR for the state. TEC, §12.106(b), states that an open-enrollment charter school is entitled to funds that are available to school districts from the agency or the commissioner in the form of grants or other discretionary funding unless the statute authorizing the funding explicitly provides that open-enrollment charter schools are not entitled to the funding. An open-enrollment charter school may not charge tuition. An open-enrollment charter school must prohibit discrimination in admission policy on the basis of sex; national origin; ethnicity; religion; disability; academic, artistic, or athletic ability; or the district the child would otherwise attend, although the charter may provide for the exclusion of a student who has a documented history of a criminal offense, a juvenile court adjudication, or discipline problems under TEC, Chapter 37, Subchapter A.

Selection Criteria. A complete description of selection criteria is included in the RFA. The SBOE reserves the right to approve or deny any application. Neither the TEA nor the SBOE is liable for any costs incurred in the preparation or submission of an application.

The SBOE may approve open-enrollment charter schools as provided in TEC, §12.101 and §12.152. There are currently 200 SBOE-approved charters. There is a cap of 215 charters approved under TEC, §12.101, and no cap on the number of charters approved under TEC, §12.152.

The SBOE may approve applicants to ensure representation of urban, suburban, and rural communities; various instructional settings; innovative programs; diverse student populations and geographic regions; and various eligible entities. The SBOE will consider Statements of Impact from any school district whose enrollment is likely to be affected by the open-enrollment charter school. The SBOE may also consider the history of the sponsoring entity and the credentials and background of its board members.

Requesting the Application. An application must be submitted under SBOE guidelines to be considered. A complete copy of the publication "Open-Enrollment Charter Guidelines and Application" (RFA #701-02-014), which includes an application and procedures, may be obtained by writing the: Division of Charter Schools, Room 6-124, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701-1494, by calling (512) 463-9575, or at http://www.tea.state.tx.us./charter/rfa.htm.

Further Information. For clarifying information about the open-enrollment charter school application, contact Mary Perry, Division of Charter Schools, Texas Education Agency, by telephone at (512) 463-9575 or by e-mail at mperry@tea.state.tx.us.

Deadline for Receipt of Applications. The completed application must be received in the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701-1494, by 5:00 p.m. (central time), Thursday, May 30, 2002, to be considered.

TRD-200201926

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Notice of Adoption of Penalty Schedule

General Land Office

The Texas General Land Office adopts the following schedule for assessing administrative penalties for violations of the Texas Natural Resources Code (the Code) §51.302, without changes to the text as proposed in the January 11, 2002, issue of the Texas Register (27 TexReg 391). The schedule is effective upon publication. Section 51.302 of the Code authorizes the Commissioner of the General Land Office (Commissioner) to assess administrative penalties against a person for constructing, maintaining, owning, or possessing a facility or structure on state-owned submerged land without a proper easement or lease from the state under Chapter 51 or Chapter 33 of the Code. Penalties may be not less than $50 or exceed $1,000 per violation per day. Section 17.7, Title 31, Texas Administrative Code (TAC), provides that the amount of the minimum penalty assessed shall be according to a penalty schedule, approved by the Commissioner with the concurrence of the School Land Board, and made available for public inspection and review. On November 15, 2001, the Commissioner and the School Land Board approved the proposed penalty schedule and requested that public comment be solicited prior to implementation. The penalty schedule was published in the January 11, 2002, issue of the Texas Register (27 TexReg 391), for a thirty-day comment period. No comments were received.

For information regarding the penalty schedule, please contact Barbara B. Deane, Director, Environmental Law Section, General Land Office, at (512) 463-5836, or at barbara.deane@glo.state.tx.us.

I. Introduction. The Texas Natural Resources Code (the Code) §51.302 confers authority on the Commissioner of the General Land Office (Commissioner) to assess administrative penalties against a person for constructing, maintaining, owning, or possessing a facility or structure on state-owned submerged land without a proper easement or lease from the state under Chapter 51 or under Chapter 33 of the Code. This penalty matrix ensures that all administrative enforcement actions are fair, uniform, consistent, and appropriate. Administrative penalties assessed may not exceed $1,000 per day. Additional remedies may be available to the Commissioner and the General Land Office (Land Office), such as removal of facilities or structures and assessing costs of removal and disposal, electing to accept ownership of facilities or structures, referrals for injunctive relief, and civil penalties. This matrix does not in any way limit the Commissioner or the Land Office solely to the assessment of administrative penalties. This matrix has been approved by the Commissioner with the concurrence of the School Land Board, and is effective immediately upon publication. This matrix supercedes the "Schedule of Administrative Penalties" previously adopted by the Land Office under §17.7 of Title 31, Texas Administrative Code.

II. Determining the appropriate penalty. Section 17.7 of Title 31, Texas Administrative Code, requires that the Commissioner consider certain factors when determining penalties to be assessed under the provisions of the Code, §§51.302 and 51.3021. The seriousness of the violation ("Type of Structure", "Location of Structure", and "Impediment to Access or Use of State-owned Lands") and the hazard and damage, including damage to natural resources ("Environmental Impacts") will be considered by referencing Table A of this matrix. Each of the four factors should be analyzed as minor, moderate, or major. The corresponding dollar amounts derived from the four factors should be added together for the base penalty. The base penalty will then be adjusted upward or downward based upon the factors in Table B, "Adjustments to Base Penalty." These factors include the "Degree of Cooperation" of the owner and/or operator (Respondent) once that person was given notice of the violation; the "Degree of Culpability and History of Previous Violations" by the owner and/or operator (Respondent); the "Amount Necessary to Deter Future Violations"; and any "Matters Relevant to a Fair and Just Result." The resulting adjustments should be totaled and then applied to the base penalty for a final penalty amount.

The penalty will be assessed per day beginning thirty days after service of a Notice of Violation, unless otherwise agreed to in writing by the Land Office or the Commissioner. Pursuant to §51.302 of the Code, and subject to Paragraph IV of this matrix, the maximum penalty is $1,000 per day, and the minimum penalty is $50 per day, regardless of the result of the penalty matrix calculation.

III. Penalty Matrix for Unauthorized Structures.

TABLE A: BASE PENALTY

Determine the appropriate dollar amount for each of the four factors, then add the four dollar amounts together for the base penalty to be assessed per day.

TABLE B: ADJUSTMENTS TO BASE PENALTY:

Degree of Cooperation - Increase or decrease base penalty up to 50%; maximum adjustment $250.00.

Degree of Culpability and History of Previous Violations - Increase or decrease base penalty up to 50%; maximum adjustment $250.00. Respondents with prior violations are subject to an automatic increase of $250.

Deter Future Violations - Increase or decrease base penalty up to 50%; maximum adjustment $250.00.

Matters Relevant to a Fair and Just Result - Increase or decrease base penalty up to 100%, subject to the minimum penalty of $50.

Total all Table B adjustments then add to (or subtract from) the base penalty for a final penalty amount to be assessed per day.

IV. Result of the Penalty Matrix Calculation. Penalties will not be formally assessed until thirty days after the issuance of a Notice of Violation, pursuant to §51.3021 of the Code. During this thirty-day period, Respondents are given an opportunity to come into compliance.

If the final penalty matrix calculation results in a penalty amount of $50 to $100.00, the Respondent will receive an Advisory Letter and, if the structure or facility qualifies for an easement or lease, an application form.

If the penalty matrix calculation results in a penalty amount of $101 to $200, the Respondent will receive a Notice of Noncompliance and, if the structure or facility qualifies for an easement or lease, an application form.

If the Respondent fails to come into compliance after receipt of an Advisory letter or a Notice of Noncompliance, the Commissioner, through the Land Office, may proceed to issue a Notice of Violation, regardless of the penalty amount.

If the penalty matrix calculation results in a penalty amount of $201 and up, the Respondent will receive a Notice of Violation. Penalties will be pursued in accordance with the procedures set forth in the Code §51.3021, 31 TAC §§17.1-17.50, and 1 TAC §§155.1-155.59.

TRD-200201922

Larry Soward

Chief Clerk, General Land Office

General Land Office

Notice of Extension of Submission Deadline for the Request for Proposals-Shots Across Texas/The Boots Are Back II

Texas Department of Health

The Texas Department of Health is extending the Shots Across Texas/The Boots Are Back II Request for Proposals (RFP) submission deadline. The notice was published in the March 1, 2002, issue of the Texas Register (27 TexReg 1564), reflecting a March 29, 2002, submission deadline. The new deadline for this RFP is 5:00 p.m., Central Daylight Saving Time on April 30, 2002, and proposals must be submitted to Vivian Harris, Outreach Coordinator, Immunization Division, Texas Department of Health, 1100 West 49th Street, Room T-310, Austin, Texas 78756.

Obtaining RFP Information

Request for Proposals packets may be requested from Vivian Harris, Outreach Coordinator, Immunization Division, Texas Department of Health, 1100 West 49th Street, Room T-310, Austin, Texas 78756, telephone (512) 458-7284 or 1-800-252-9152, or through the immunization website: http://www.immunizetexas.com.

TRD-200201894

Susan Steeg

Texas Department of Health

Health and Human Services Commission

Public Notice

The Health and Human Services Commission (HHSC) announces its intent to submit TN 02-06, Amendment 625, to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act, effective June 1, 2002. Amendment 625 updates the rule for home health services by deleting the homebound requirement for Medicaid recipients. The state is proposing an amendment to the state plan to conform with federal requirements as described in 42 C.F.R. §440.230, Sufficiency of amount, duration, and scope, and 42 C.F.R. §440.240 Comparability of services for groups.

The proposed amendment is effective June 1, 2002, and it is expected to increase the federal match for outpatient services. The proposed amendment will result in an increase to federal expenditures of $1,768,817 for state fiscal year 2002 and $1,211,965 increase for state fiscal year 2003.

To obtain copies of the draft revision, interested parties may contact Ron Gernsbacher, by mail at Health and Human Services Commission, 1100 W. 49th Street, Y-927, Austin, Texas 78756-3199 or by telephone (512) 338-6520.

The draft revision is available for public review at local offices of the Texas Department of Human Services. For further information, contact Ron Gernsbacher at (512) 338-6520.

TRD-200201907

Marina Henderson

Executive Deputy Commissioner

Health and Human Services Commission

Texas Department of Housing and Community Affairs

Announcement of the Public Comment Period for the 2002 State of Texas Consolidated Plan Annual Performance Report - Reporting on Program Year 2001 - Draft for Public Comment

The Texas Department of Housing and Community Affairs ("the Department") announces the opening of a fifteen day public comment period for the State of Texas 2002 Consolidated Plan Annual Performance Report - Reporting on Program Year 2001 - Draft for Public Comment as required by the U.S. Department of Housing and Urban Development (HUD) as part of the overall requirements governing the State’s consolidated planning process. The State of Texas 2002 Consolidated Plan Annual Performance Report - Reporting on Program Year 2001 - Draft for Public Comment is submitted in compliance with 24 CFR 91.520 Consolidated Plan Submissions for Community Planning and Development Programs made effective on January 5, 1995. The fifteen-day public comment period begins April 8, 2002, and continues until 5:00 p.m., April 22, 2002.

The State of Texas 2002 Consolidated Plan Annual Performance Report - Reporting on Program Year 2001 - Draft for Public Comment gives the Texas Department of Housing and Community Affairs an opportunity to evaluate its accomplishments during the past program year for the HOME Investment Partnership program and the Emergency Shelter Grant (ESG) program. It also gives the Office of Rural Community Affairs and the Department of Health an opportunity to evaluate their accomplishments during the past program year for the Community Development Block Grant (CDBG) program and the Housing Opportunities for Persons with AIDS (HOPWA) program, respectively. The Plan includes the following: a summary of resources and programmatic accomplishments for each of the four programs covered in the Consolidated Plan; a series of narrative statements about various aspects of the Department’s performance over the past program year; and a qualitative analysis of the Department’s actions and experiences. The Department also addresses its success in meeting each of the goals and objectives set forth in the 2001-2003 State of Texas Consolidated Plan.

Beginning April 8, 2002, the State of Texas 2002 Consolidated Plan Annual Performance Report - Reporting on Program Year 2001 - Draft for Public Comment will be available on the Texas Department of Housing and Community Affairs 's website at www.tdhca.state.tx.us. A hard copy can be requested by contacting the Housing Resource Center at P.O. Box 13941, Austin, TX 78711-3941, or (512) 475-3976.

Written comment is encouraged and should be sent to the Texas Department of Housing and Community Affairs, Office of Strategic Planning/Housing Resource Center, P.O. Box 13941, Austin, TX 78711-3941. For more information or to order copies of the State of Texas 2002 Consolidated Plan Annual Performance Report - Reporting on Program Year 2001 - Draft for Public Comment please contact the Housing Resource Center at (512) 475-3976 or email at clandry@tdhca.state.tx.us

TRD-200201928

Edwina Carrington

Executive Director

Texas Department of Housing and Community Affairs

Texas Bootstrap Loan Program FY 2002 - 2003 Notice of Funding Availability

I. Texas Bootstrap Loan Program

The Texas Department of Housing and Community Affairs (the Department) announcing the availability of funds utilizing the State of Texas Housing Trust Fund for the Texas Bootstrap Loan Program. This initiative is designed to promote and enhance homeownership opportunities for very low income Texans by providing loan funds to purchase or refinance real property on which to build new residential housing; construct new residential housing; or improve existing residential housing through Self-Help construction. The Department intends to make available $2, 850,000 to eligible nonprofit or colonia self help centers throughout the State of Texas. At least two-thirds of these funds must be allocated to borrowers whose property is located in a county that is eligible to receive financial assistance under Subchapter K, Chapter 17 or the Water Code. As of September 1, 2001, these counties include:

Andrew

Bee

Brewster

Brooks

Cameron

Coleman

Crane

Crosby

Culberson

Dimmit

Duval

El Paso

Frio

Grimes

Hall

Hidalgo

Hudspeth

Jeff Davis

Jim Hogg

Jim Wells

Kinney

Kleberg

La Salle

Leon

Liberty

Marion

Maverick

Mitchell

Newton

Nolan

Panola

Pecos

Presidio

Reagan

Red River

Reeves

San Augustine

San Patricio

Scrurry

Starr

Terrell

Tyler

Upshire

Upton

Uvalde

Val Verde

Ward

Webb

Willacy

Winkler

Zapata

Zavala

Applications will be reviewed and scored by Department staff and recommended for funding based on ranking and availability of funding.

II. Eligible Applicants

(as defined by sec. 2306.752 of the Texas Government Code)

(1) Colonia Self-Help Centers

(2) State Certified Nonprofit Organizations

III. Eligible Activities:

(1) Purchase or refinance real property on which to build new residential housing;

(2) construct new residential housing; or

(3) improve existing residential housing.

IV. Application Request and Submission:

(a) Applications can be obtained by written request, or by contacting the Department’s Office of Colonia Initiatives at the telephone number provided below. Applications are also available on the Department’s website at www.tdhca.state.tx.us. Deadline for submission of applications is 5:00 p.m. on Wednesday, May 8, 2002. Applications sent by facsimile will not be accepted. For additional information, please contact Maria I. Cazares mcazares@tdhca.state.tx.us or Phyllis BuenRostro pbuenros@tdhca.state.tx.us with the Office of Colonia Initiatives at 1-800-462-4251

(b) Applications must be mailed or hand delivered to:

Texas Department of Housing & Community Affairs

OFFICE OF COLONIA INITIATIVES

P.O. Box 13941, Capitol Station

Austin, Texas 78711-3941

Physical Address:

507 Sabine, Suite #400

Austin, Texas 78701

TRD-200201923

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 27, 2002

Houston-Galveston Area Council

Request for Proposals

The Houston-Galveston Area Council solicits proposals to operate offices and provide services for the Gulf Coast workforce system, known as The WorkSource. A proposal package will be available for download at http://www.theworksource.org beginning at 3:00 pm Central Standard Time on March 27, 2002. Hard copies of the proposal package will be available for mail out beginning April 1, 2002. Proposals are due at H-GAC offices on or before 12:00 noon Central Daylight Time on May 3, 2002. H-GAC will not accept late proposals; there will be no exceptions. Prospective bidders may contact Carol Kimmick at 713.627.3200 or ckimmick@theworksource.org or visit the web site to request a proposal package.

TRD-200201774

Jack Steele

Executive Director

Houston-Galveston Area Council

Filed: March 22, 2002

Texas Department of Human Services

Public Notice of Retracted Solicitation

Pursuant to Title 2, Chapters 22 and 32, of the Human Resources Code and 40 TAC §19.2324, the Texas Department of Human Services (DHS) is retracting the solicitation for new Medicaid beds in Sherman County, County #211 , identified in the March 1, 2002 , issue of the Texas Register (27 TexReg 1567). The solicitation is being retracted effective the date of this public notice. The solicitation was posted in error, as it is redundant with Open Solicitation #3 for the construction of a 90-bed facility in Sherman County, County #211 , identified in the January 21, 2000 , issue of the Texas Register (25 TexReg 449).

TRD-200201909

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Department of Information Resources

Notice of Cancellation of Request for Proposals

In compliance with the provisions of Chapter 2156, Subchapter A, Texas Government Code, the Department of Information Resources (DIR) announces that Request for Proposals ( DIR RFP # DIR - LEGAL - IP - 02) for provision of Legal Services for Intellectual Property Law Matters has been cancelled without a contract award, effective March 22,2002. Notice of the Request for Proposals was published in the February 8, 2002 edition of the Texas Register .

Further Information. For clarifying information about the cancellation of the RFP, contact Renee Mauzy, General Counsel, Department of Information Resources, (512) 475-4750.

TRD-200201905

Renee Mauzy

Department of Information Resources

Application to change the name of METHODIST HEALTH INSURANCE COMPANY to UNICARE HEALTH INSURANCE COMPANY OF TEXAS, a domestic life, accident and/or health company. The home office is in Houston, Texas.

Texas Department of Insurance

Company Licensing

Application to change the name of AETNA U.S. HEALTHCARE DENTAL PLAN INC. to AETNA DENTAL INC., a domestic Health Maintenance Organization (HMO). The home office is in Houston, Texas.

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-200201931

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

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 Health Plan Administrators, Inc., (doing business under the assumed name of HP Management Services), a domestic third party administrator. The home office is San Antonio, Texas.

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-200201930

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: March 27, 2002

Texas Lottery Commission

Instant Game 280 "10th Anniversary Game"

1.0 Name and Style of Game.

A. The name of Instant Game No. 280 is "10TH ANNIVERSARY GAME". The play style in Game 1 is "match 3 of 9". The play style in Game 2 is "add up". The play style in Game 3 is "key symbol match with doubler". The play style in Game 4 is "beat score". The play style in Game 5 is "row/column/diagonal". The play style in Game 6 is "key symbol match". The play style in Game 7 is "key symbol match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 280 shall be $10.00 per ticket.

1.2 Definitions in Instant Game No. 280.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: $5.00, $10.00, $15.00, $20.00, $50.00, $100, $1,000, $10,000, $100,000, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,12, 13, 14, 15, SINGLE SYMBOL, DOUBLE SYMBOL, FAVOR SYMBOL, CAKE SYMBOL, ROCKET SYMBOL, ICE CREAM CONE SYMBOL, HAT SYMBOL, CANDLE SYMBOL, MUSIC SYMBOL, BALLOON SYMBOL, BOW SYMBOL, NOISE MAKER SYMBOL, GOLD BAR SYMBOL, MONEY BAG SYMBOL, STACK OF BILLS SYMBOL, STACK OF COINS SYMBOL, NOTE SYMBOL, CHERRY SYMBOL, BANANA SYMBOL, APPLE SYMBOL, LEMON SYMBOL, STAR SYMBOL, and DOLLAR SIGN SYMBOL.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Table 1 of this section Figure 1:16 TAC GAME NO. 280 - 1.2D

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are:

Table 2 of this section. Figure 2:16 TAC GAME NO. 280 - 1.2E

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be : 0000000000000.

G. Low-Tier Prize - A prize of $10.00, $15.00, or $20.00.

H. Mid-Tier Prize - A prize of $50.00, $100, $250, or $500.

I. High-Tier Prize - A prize of $1,000, $10,000, or $100,000.

J. Bar Code - A 22 character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A twenty-two (22) digit number consisting of the three (3) digit game number (280), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 074 within each pack. The format will be: 280-0000001-000.

L. Pack - A pack of "10TH ANNIVERSARY GAME" Instant Game tickets contain 75 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate from pack to pack. Fanfold A: ticket front 000 will be the top ticket and 074 back will be on the last page. Fanfold B: ticket back 000 will be on the top and ticket front 074 will be on the last page.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "10TH ANNIVERSARY GAME" Instant Game No. 280 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "10TH ANNIVERSARY GAME" Instant Game is determined once the latex on the ticket is scratched off to expose 57 (fifty-seven) play symbols. In Game 1, if the player gets 3 like amounts, the player will win that amount. In Game 2, if the total of the player's YOUR NUMBERS equals 7 or 11 within a game the player will win the prize shown. In Game 3, if the player finds the word "DOUBLE" in the Bonus the player will double the total winnings on the ticket. In Game 4, if the player's YOUR NUMBER is higher than the player's THEIR NUMBER within a game, the player will win the prize shown. In Game 5, if the player finds three (3) "favor" symbols in any one row, column or diagonal the player will win the prize shown. In Game 6, if the player's YOUR SYMBOLS match within a game, the player will win the prize shown. In Game 7, if the player gets a "star" symbol, the player will win $20 automatically. If the player gets a "dollar" sign symbol, the player will win $50 automatically. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 57 (fifty-seven) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 57 (fifty-seven) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 57 (fifty-seven) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 57 (fifty-seven) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical play data, spot for spot.

B. Game 1: No 4 or more like symbols in a game.

C. Game 1: No three or more pairs in a game.

D. Game 2: No duplicate non-winning games on a ticket (symbols in either order).

E. Game 2: No duplicate non-winning prize symbols in a game.

F. Game 4: No duplicate non-winning prize symbols in a game.

G. Game 4: No duplicate non-winning games on a ticket.

H. Game 4: No ties within a game.

I. Game 5: The favor symbol will be the ONLY symbol to appear in a line, diagonal or row.

J. Game 5: Each game will have at least 2 favor symbols.

K. Game 6: No duplicate non-winning games on a ticket.

L. Game 6: No duplicate non-winning prize symbols in a game.

2.3 Procedure for Claiming Prizes.

A. To claim a "10TH ANNIVERSARY GAME" Instant Game prize of $10.00, $15.00, $20.00, $50.00, $100, $250, or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100, $250, or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "10TH ANNIVERSARY GAME" Instant Game prize of $1,000, $10,000, or $100,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "10TH ANNIVERSARY GAME" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resource Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "10TH ANNIVERSARY GAME" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "10TH ANNIVERSARY GAME" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 6,111,750 tickets in the Instant Game No. 280. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 280- 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 280 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 280, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200201842

Kimberly L. Kiplin

Texas Lottery Commission

Texas Natural Resource Conservation Commission

Instant Game 281 "Loot Pursuit"

1.0 Name and Style of Game.

A. The name of Instant Game No. 281 is "LOOT PURSUIT". The play style is "key number match".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 281 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 281.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

Table 1 of this section Figure 1:16 TAC GAME NO. 281 - 1.2D

[graphic]

Table 2 of this section. Figure 2:16 TAC GAME NO. 281 - 1.2E

[graphic]

G. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $5.00, $10.00, or $20.00.

H. Mid-Tier Prize - A prize of $50.00, $100, or $500.

I. High-Tier Prize - A prize of $5,000.

K. Pack-Ticket Number - A twenty-two (22) digit number consisting of the three (3) digit game number (281), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 281-0000001-000.

L. Pack - A pack of "LOOT PURSUIT" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 000 to 004 will be on the top page; tickets 005 to 009 on the next page; etc.; and ticket 245 to 249 will be on the last page. Tickets 000 and 249 will be folded down to expose the pack ticket number though the shrink wrap.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "LOOT PURSUIT" Instant Game No. 281 ticket.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly six (6) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly six (6) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the six (6) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the six (6) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

2.2 Programmed Game Parameters.

A. No adjacent non-winning tickets will contain identical play symbols in the same locations.

B. No duplicate non-winning prize symbols on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "LOOT PURSUIT" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100, or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "LOOT PURSUIT" Instant Game prize of $5,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "LOOT PURSUIT" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "LOOT PURSUIT" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "LOOT PURSUIT" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

3.0 Instant Ticket Ownership.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 12,002,750 tickets in the Instant Game No. 281. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 281- 4.0

[graphic]

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 281 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 281, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200201843

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 25, 2002

Notice of Application for Industrial Hazardous Waste Permits/Compliance Plans

For the period of March 21, 2002.

APPLICATION. CHEMICAL RECLAMATION SERVICES, INC. (CRS), located at 405 Powell Street, about 0.5 miles northeast of the intersection of state Highway 34 and FM 55 on approximately 9.38 acres in Avalon, Ellis County, Texas, operates a commercial supplemental fuels blending and spent solvent reclamation facility, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for renewal/major amendment of hazardous waste permit (Permit No. HW-50084) and a compliance plan (Proposed Compliance Plan No. CP-50084). The permit renewal will authorize the continued operation of 14 existing tanks, 18 proposed tanks, 5 existing container storage areas, 2 proposed container storage areas, 2 existing miscellaneous units and 2 proposed miscellaneous units for the storage and processing of hazardous wastes. The major amendment will authorize the addition of a proposed container storage area (without an increase in the over-all permitted storage capacity), moving and relocation of some units, and updating the Waste Code List to include newly listed wastes. The compliance plan will authorize Corrective Action for on-site groundwater impacted by hazardous constituents is Monitored Natural Attenuation (MNA). The Compliance Plan as modified by the TNRCC, authorizes CRS to implement MNA as an interim Corrective Measure only, and requires CRS to complete an RFI to define the source of the release and delineate the full nature and extent of contamination in all media at the site.

This notice satisfies the requirements of the Resource Conservation and Recovery Act (RCRA), as amended, 42 U.S. 6901 et seq. and 40 CFR 124.10. Once the final permit and compliance plan decisions of the TNRCC and U.S. Environmental Protection Agency (EPA) are effective regarding this facility, they will implement the requirements of RCRA as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA). The final permit and compliance plan decision will also implement the federally authorized State requirements. The TNRCC and EPA have entered into a joint permitting agreement whereby permits will be issued in Texas in accordance with the Texas Solid Waste Disposal Act, Texas Health and Safety Code Ann., Chapter 361 and RCRA, as amended. In order for the applicant to have a fully effective RCRA permit, both the TNRCC and EPA must issue the permit. All permit provisions are fully enforceable under State and Federal law. The State of Texas has not received full HSWA authority. Areas in which the TNRCC has not been authorized by EPA are denoted in the draft permit with an asterisk (*). Persons wishing to comment or request a hearing on a HSWA requirement denoted with an asterisk (*) in the draft permit should also notify in writing, Chief, RCRA Permits Branch, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733. EPA will accept hearing requests submitted to the TNRCC.

PUBLIC COMMENT / PUBLIC MEETING. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below, within 45 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application or if requested in writing by an affected person within 45 days of the date of newspaper publication of the notice.

CONTESTED CASE HEARING. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 45 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed.

To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be affected by the granting of the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit your proposed adjustments to the application/permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

INFORMATION. Written hearing requests, public comments, or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Office of Public Interest Counsel, MC 103, the same address as above. Individual members of the general public may contact the Office of Public Assistance, c/o Office of the Chief Clerk, at the address above, or by calling 1-800-687-4040 to: (a) review or obtain copies of available documents (such as draft permit, technical summary, and application); (b) inquire about the information in this notice; or (c) inquire about other agency permit applications or permitting processes. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-200201911

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Notice of Intent to Delete the Harkey Road Site in Pearland, Texas from the State Superfund Registry

The executive director (ED) of the Texas Natural Resource Conservation Commission (TNRCC or commission) is issuing a notice of intent to delete the Harkey Road 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. The commission is proposing this deletion because the ED determined that the site no longer presents such an endangerment due to the removal actions that have been performed at the site.

The site, including all land, structures, appurtenances, and other improvements, is approximately 2/3 acre in size and is located at 17111 Harkey Road in an unincorporated section of Brazoria County, approximately two miles south of the City of Pearland, Texas. The site also includes any areas where hazardous substance(s) had come to be located as a result, either directly or indirectly, of releases of hazardous substances from the site. The site was proposed for listing on the state registry in the April 27, 2001 edition of the Texas Register (26 TexReg 3252) and the April 25, 2001 edition of the Pearland Journal .

After a public meeting on June 4, 2001, the commission initiated a removal action at the site. Excavation, stabilization, transport, and disposal activities were performed through mid-August 2001, with a total of 2,795 cubic yards of lead-impacted soil being removed from the site and from two residential properties. This soil was stabilized with Portland cement and transported for disposal to the Browning Ferris Industries Landfill in Brazoria County, Texas. All the excavated areas, both on the site and on the residential properties were backfilled with clean soil and restored.

During the removal action four monitor wells were installed at the perimeter of the site. The monitor wells were sampled four times and analyzed for lead and arsenic. The concentrations of lead and arsenic were determined to be much below the federal drinking water standards. Therefore, the groundwater is not impacted by the soil contaminants. If the public agrees with the proposed delisting, the monitor wells will be plugged and abandoned.

The Harkey Road Site has been cleaned to the groundwater protection limit and is appropriate for residential use. No further actions will be necessary.

In accordance with 30 TAC §335.344(b), the commission will hold a public meeting to receive comments 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 on May 7, 2002 at 7:00 p.m. at the H. C. Carleston Elementary School, 3010 Harkey Road, Pearland, Texas.

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. May 7, 2002, and should be sent in writing to Mr. Subhash Pal, Project Manager, TNRCC, Remediation Division, Superfund Cleanup Section, MC 143, P. O. Box 13087, Austin, TX 78711-3087 or faxed to the attention of Mr. Subhash Pal at (512) 239-2450. The public comment period for this action will end at the close of the public meeting of May 7, 2002.

A portion of the record for the site including documents pertinent to the ED's proposed deletion are available for review during regular business hours at the Pearland Library, 3522 Liberty Drive, Pearland, Texas, 77581, telephone (281) 485-4876. The complete public file may be obtained during regular business hours at the commission's Records Management Center, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas 78753, telephone numbers (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information.

TRD-200201920

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: March 27, 2002

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 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 the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 13, 2002 . Section 7.075 also requires that TNRCC promptly consider any written comments received and that 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, 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 TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 13, 2002 . 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 TNRCC in writing .

(1) COMPANY: Aristech Chemical Corporation; DOCKET NUMBER: 2001-0436-AIR-E; IDENTIFIER: Air Account Number HG-1249-P; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: synthetic organic chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(c), TNRCC Permit Number 8199A, and THSC, §382.085(b), by failing to meet 97.6% volatile organic compound (VOC) removal efficiency for the absorber; PENALTY: $14,400; ENFORCEMENT COORDINATOR: Kevin Keyser, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Atlantic Oil & Gas, Inc.; DOCKET NUMBER: 2001-1198-PST-E; IDENTIFIER: Enforcement Identification Number 16804; LOCATION: Irving, Dallas County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator has a valid, current delivery certificate; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Alita Champagne, (512) 239-0784; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Atlas Oil & Gas Exploration, L.L.C.; DOCKET NUMBER: 2001-1273-AIR-E; IDENTIFIER: Air Account Number FG-0009-J; LOCATION: Sugar Land, Fort Bend County, Texas; TYPE OF FACILITY: gas gathering and distribution station; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit the annual compliance certification; and 30 TAC §122.145(2)(B) and THSC, §382.085(b), by failing to submit the deviation reports; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Atofina Petrochemicals, Inc.; DOCKET NUMBER: 2001-1383-AIR-E; IDENTIFIER: Air Account Number JE-0005-H; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §101.6(c) and THSC, §382.085(b), by failing to submit a copy of the final record of an upset; and 30 TAC §101.20(3) and§116.115(b)(2)(G), TNRCC Air Permit 18936/PSD-TX-762M2, and THSC, §382.085(b), by failing to maintain emissions below the permitted rate; PENALTY: $6,250; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(5) COMPANY: Johnny A. Bailey dba Bailey's Pump Service; DOCKET NUMBER: 2001- 1196-PST-E; IDENTIFIER: Contractor CRP Number 000656 and ILP Number 000883; LOCATION: Burkburnett, Wichita County, Texas; TYPE OF FACILITY: contractor business; RULE VIOLATED: 30 TAC §334.6(b)(6), by failing to submit notification of construction activities; and 30 TAC §334.55 and §334.407(c), by failing to comply with all applicable technical standards; PENALTY: $2,800; ENFORCEMENT COORDINATOR: Carolyn Easley, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(6) COMPANY: Bludworth Marine L.L.C. dba Vessel Repair; DOCKET NUMBER: 2001- 1027-MLM-E; IDENTIFIER: Industrial Solid Waste Number 75285; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: ship repair and painting; RULE VIOLATED: 30 TAC §335.4 and the Code, §26.121, by failing to prevent the unauthorized discharge, storage, and/or disposal of industrial solid waste; 30 TAC §335.6(c), by failing to update the notice of registration; 30 TAC §335.9(a)(2)(A), by failing to complete a correct and accurate annual waste summary report; 30 TAC §335.62, by failing to perform a hazardous waste determination and waste classification; and 30 TAC §335.262(c)(2)(A) and (F), by failing to store universal waste in containers that remain closed and store universal waste in containers that are labeled; PENALTY: $10,625; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(7) COMPANY: Boot's Furniture and Grocery, Inc. dba Little Boot's; DOCKET NUMBER: 2001-1037-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 0048745; LOCATION: Huntington, Angelina County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i) and the Code, §26.3467(a), by failing to ensure that the underground storage tank (UST) registration and self-certification form was fully and accurately completed and make available to a common carrier a valid, current delivery certificate; 30 TAC §37.815(a)(1) and (b)(1), by failing to demonstrate the required financial responsibility; and 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to provide a proper release detection for UST systems; PENALTY: $20,000; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(8) COMPANY: Frank Brand dba Frank Brand Dairy; DOCKET NUMBER: 2001-1016-AGR- E; IDENTIFIER: Water Quality Permit Number 03148; LOCATION: Energy, Comanche County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §§305.125(1) and (9), 321.31(a), 321.39(f)(19)(A), and 321.42(a), Water Quality Permit Number 03148, and the Code, §26.121, by failing to prevent irrigated wastewater from leaving the irrigation site and provide sample results; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239- 4495; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(9) COMPANY: City of Burnet; DOCKET NUMBER: 2001-1293-PST-E; IDENTIFIER: PST Facility Identification Number 16894; LOCATION: Burnet, Burnet County, Texas; TYPE OF FACILITY: airport with retail sales of aviation fuel; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.346(a), by failing to submit the UST registration and self- certification form and make available to a common carrier a valid, current delivery certificate; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Bill Davis, (512) 239-6793; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(10) COMPANY: Chachere Feed Store, Inc.; DOCKET NUMBER: 2001-1125-PST-E; IDENTIFIER: PST Facility Identification Number 0044948; LOCATION: Dayton, Liberty County, Texas; TYPE OF FACILITY: livestock feed store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.3467(a), by failing to submit the UST registration and self-certification form and make available to a common carrier a valid, current delivery certificate; and 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Kevin Keyser, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: Claybrook Services, Inc.; DOCKET NUMBER: 2001-1157-PST-E; IDENTIFIER: PST Facility Identification Number 21379; LOCATION: Refugio, Refugio County, Texas; TYPE OF FACILITY: gasoline station; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate the required financial responsibility; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475, by failing to monitor USTs for releases; 30 TAC §334.7(d)(3), by failing to provide an amended registration for any change or additional information; and 30 TAC §334.54(b)(2), by failing to assure that, with the exception of vent lines, all piping, pumps, manways, and ancillary equipment shall be capped, plugged, locked, and/or otherwise secured to prevent access, tampering, or vandalism; PENALTY: $5,040; ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(12) COMPANY: City of Cuero; DOCKET NUMBER: 2001-0861-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10403-002; LOCATION: Cuero, DeWitt County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10403-002, and the Code, §26.121, by failing to comply with permitted limits for five-day biochemical oxygen demand (BOD ₅ ) and total suspended solids (TSS); PENALTY: $1,875; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412- 5503, (361) 825-3100.

(13) COMPANY: Dallas Woodcraft Company, L.P.; DOCKET NUMBER: 2001-1226-AIR-E; IDENTIFIER: Air Account Number DB-0259-E; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: wood products manufacturing; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit the required annual compliance certification; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: Paul Van Leeuwen and Harry Van Kranenburg dba Double V Dairy; DOCKET NUMBER: 2001-1294-AGR-E; IDENTIFIER: Water Quality Permit Number 04024; LOCATION: Lingleville, Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §305.125(1) and §321.33(p), and Water Quality Permit Number 04024, by failing to comply with maximum confinement number allowed by the permit; and 30 TAC §§305.125(1), 321.39(f)(21), and 321.40(9), and Water Quality Permit Number 04024, by failing to provide containment structures to divert contaminated runoff; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) 239-4489; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: East Texas Petroleum Company, Inc.; DOCKET NUMBER: 2001-1538-PST- E; IDENTIFIER: Enforcement Identification Number 16962; LOCATION: Abilene, Taylor County, Texas; TYPE OF FACILITY: fuel distribution; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that no common carrier shall deposit any regulated substance into a regulated UST without having a valid, current delivery certificate; PENALTY: $800; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(16) COMPANY: Eros Investment Inc. dba Stop N Shop; DOCKET NUMBER: 2001-1429-PST- E; IDENTIFIER: PST Facility Identification Number 0024684; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a)(1) and (b)(1), by failing to demonstrate the required financial responsibility; PENALTY: $800; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(17) COMPANY: Highland Park Water Supply Corporation; DOCKET NUMBER: 2001-1439- PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 0180071; LOCATION: near Valley Mills, Bosque County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(i) and (iv), and THSC, §341.0315(c), by failing to provide adequate well and pressure maintenance capacity; 30 TAC §290.46(m), by failing to initiate a maintenance program; and 30 TAC §290.41(c)(1)(F), by failing to provide a sanitary easement; PENALTY: $313; ENFORCEMENT COORDINATOR: James Jackson, (254) 751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(18) COMPANY: Holcim (Texas) Limited Partnership; DOCKET NUMBER: 2001-0337-AIR-E; IDENTIFIER: Air Account Number ED-0099-J; LOCATION: Midlothian, Ellis County, Texas; TYPE OF FACILITY: cement manufacturing and public water supply; RULE VIOLATED: 30 TAC §116.115(b)(2)(G) and (c) and §116.116(b), Permit Number 8996/PSD-TX-454M2, and THSC, §382.085(b), by failing to maintain all air pollution emission capture and abatement equipment, exceeded the clinker production limit of 7,000 tons per day and the nitrogen oxides (NO _x ) limit of 545 pounds per hour, physically identify and mark kiln numbers one and two with the facility identification numbers, conduct stack testing, meet the continuous emission monitoring system and flow rate sensor design and performance specifications, and comply with the maximum allowable emission rates for NO _x , carbon monoxide, VOCs, and particulate matter (PM); 30 TAC §§113.100(5), 113.690, and 116.115(c), Permit Number 8996/PSD-TX- 454M2, 40 Code of Federal Regulations (CFR) §§63.6(h)(7), 63.7, 63.8(e)(4) and (5)(ii), 63.10(e)(4), 63.1349(b)(1)(v) and (3)(ii), and 63.1350(a) and (e), and THSC, §382.085(b), by failing to conduct method nine opacity tests, submit, in a timely manner, a written operations and maintenance plan, conduct method 22 daily visual emission observations, and comply with all the requirements for opacity and dioxin/furan testing; 30 TAC §290.51(a)(3) and §334.21, by failing to pay UST fees; 30 TAC §116.160, 40 CFR §52.21, and THSC, §382.085(b), by failing to comply with prevention of significant deterioration of air quality regulations; and 30 TAC §101.10 and THSC, §382.085(b), by failing to report erroneous kiln stack particulate emissions; PENALTY: $223,125; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(19) COMPANY: Hydro-Walk Energy, Inc.; DOCKET NUMBER: 2001-1344-PST-E; IDENTIFIER: Enforcement Identification Number 16844; LOCATION: Kennedale, Tarrant County, Texas; TYPE OF FACILITY: tank truck carrier operation; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator of the UST had a valid, current delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(20) COMPANY: IHS, Inc. dba IHS Hospital of Lubbock; DOCKET NUMBER: 2001-0893- PST-E; IDENTIFIER: PST Facility Identification Number 34487; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: hospital; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vi)(I) and (B), and the Code, §26.346(a), by failing to submit a UST registration and self-certification form; PENALTY: $720; ENFORCEMENT COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414- 3520, (806) 796-7092.

(21) COMPANY: Mohammed Aslam dba Jack's Super Drive In Grocery #2; DOCKET NUMBER: 2001-1444-PST-E; IDENTIFIER: PST Facility Identification Number 0025343; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.3467(a), by failing to submit a UST registration and self-certification form and make available to a common carrier a valid, current delivery certificate; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(22) COMPANY: City of Jasper; DOCKET NUMBER: 2001-1270-MWD-E; IDENTIFIER: TPDES Permit Number 10197-001; LOCATION: Jasper, Jasper County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10197-001, and the Code, §26.121, by failing to comply with permitted effluent limits for dissolved oxygen, BOD ₅ , TSS, and total copper; PENALTY: $9,000; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(23) COMPANY: City of Jayton; DOCKET NUMBER: 2001-0983-PWS-E; IDENTIFIER: PWS Number 1320001; LOCATION: Jayton, Kent County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(iii) and THSC, §341.0315(c), by failing to provide two or more pumps with a total capacity of two gallons per minute (gpm) connection or a total capacity of 1,000 gpm; 30 TAC §290.46(i), (j), and (v), by failing to provide an adequate plumbing ordinance or service agreement, conduct customer service inspections, and provide a conduit for the electrical wiring; and 30 TAC §290.41(c)(3)(B), (J), (K), and (O), by failing to provide an 18-inch casing on the wellheads, provide a properly sized concrete sealing block and a properly sealed wellhead, and provide a properly maintained intruder-resistant fence; PENALTY: $2,813; ENFORCEMENT COORDINATOR: George Ortiz, (915) 698-9674; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(24) COMPANY: City of Junction; DOCKET NUMBER: 2000-1293-MWD-E; IDENTIFIER: TPDES Permit Number 10199-001; LOCATION: near Junction, Kimble County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10199-001, and the Code, §26.121, by failing to meet permitted effluent limits for BOD; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(25) COMPANY: Just Plane Fun Airpark, Inc. dba Hidden Meadows Property Owners' Association; DOCKET NUMBER: 2001-1500-PWS-E; IDENTIFIER: PWS Number 1740036; LOCATION: near Lufkin, Nacogdoches County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2) and (g) and §290.122(c), and THSC, §341.033(d), by failing to collect and submit routine monthly water samples for bacteriological analysis and provide public notice related to its failure to collect and submit samples for bacteriological analysis; and 30 TAC §290.51, by failing to pay public health service fees; PENALTY: $2,200; ENFORCEMENT COORDINATOR: Kimberly McGuire, (512) 239-4761; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(26) COMPANY: Lee-Var Inc. dba Palmer of Texas; DOCKET NUMBER: 2001-1206-AIR-E; IDENTIFIER: Air Account Number AB-0023-R; LOCATION: Andrews, Andrews County, Texas; TYPE OF FACILITY: fiberglass tank manufacturing; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit a Title V compliance certification; and 30 TAC §122.145(2)(C) and THSC, §382.085(b), by failing to submit the required deviation reports; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Dan Landenberger, (915) 570-1359; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(27) COMPANY: John Leyendekker dba John Leyendekker Dairy; DOCKET NUMBER: 2001- 1109-AGR-E; IDENTIFIER: Water Quality Permit Number 03745; LOCATION: near Hico, Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §§305.125(1), 321.31(a), 321.39(f)(19)(A), and 321.42(a), Permit Number 03745, and the Code, §26.121(a)(1), by failing to prevent irrigated wastewater from entering the waters of the state and provide written notice of an unauthorized discharge and submit the required monitoring documentation; PENALTY: $1,080; ENFORCEMENT COORDINATOR: David Van Soest, (512) 239-0468; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(28) COMPANY: Oceaneering International, Inc.; DOCKET NUMBER: 2001-1052-MWD-E; IDENTIFIER: TPDES Permit Number 12466-001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: oil field equipment manufacturing; RULE VIOLATED: 30 TAC §305.125(1) and (5), TPDES Permit Number 12466-001, and the Code, §26.121, by failing to maintain compliance with permitted daily average concentration limit of two milligrams per liter for ammonia nitrogen, maintain an appropriate quantity of solids inventory, and maintain at the facility a record of the daily inspections; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Kevin Keyser, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(29) COMPANY: Oklahoma Tank Lines; DOCKET NUMBER: 2001-1413-PST-E; IDENTIFIER: Enforcement Identification Number 16867; LOCATION: Lawn, Taylor County, Texas; TYPE OF FACILITY: retail; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner operator had a valid, current delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: Brad Brock, (512) 239-1165; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(30) COMPANY: Paloma Cimmarron Hills, L.P.; DOCKET NUMBER: 2001-1428-MWD-E; IDENTIFIER: TPDES Permit Number 14232-001; LOCATION: Georgetown, Williamson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: the Code, §26.027(c), by failing to obtain authorization to construct before commencing construction of the facility; PENALTY: $800; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(31) COMPANY: Plains Marketing, L.P.; DOCKET NUMBER: 2001-1546-AIR-E; IDENTIFIER: Air Account Numbers WM-0038-A and WM-0039-V; LOCATION: Kermit and Wink; Winkler County, Texas; TYPE OF FACILITY: petroleum pipeline breakout stations; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit a Title V compliance certification for the Keystone and Wink stations; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Dan Landenberger, (915) 570-1359; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(32) COMPANY: Praxair, Inc.; DOCKET NUMBER: 2001-1032-AIR-E; IDENTIFIER: Air Account Number HG-0982-M; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: air separation station; RULE VIOLATED: 30 TAC §101.360(a) and THSC, §382.085(b), by failing to submit level of activity certification; PENALTY: $600; ENFORCEMENT COORDINATOR: John Mead, (512) 239-6010; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(33) COMPANY: Richard Lambart dba Romayors Grocery; DOCKET NUMBER: 2001-1385- PWS-E; IDENTIFIER: PWS Number 1460105; LOCATION: Cleveland, Liberty County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106(a), (b)(5), and (e), and §290.103(5) (now 30 TAC §290.109(c)(2)(F) and (3), and (g), and §290.122(c)), and THSC, §341.033(d), by failing to collect and submit routine monthly water samples for bacteriological analysis and collect and submit repeat and additional water samples for bacteriological analysis, and provide public notice related to its failure to collect and submit samples for bacteriological analysis; and 30 TAC §290.51, by failing to pay public health service fees; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Shawn Stewart, (512) 239-6684; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(34) COMPANY: Frederick L. and Mary H. Hooper dba Seven Oaks Water System; DOCKET NUMBER: 2001-0863-PWS-E; IDENTIFIER: PWS Number 1870127; LOCATION: Leggett, Polk County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(1)(B), by failing to adequately rotate bacteriological samples; 30 TAC §290.46(e)(1), (f)(3)(A)(iii) and (iv), (m), (v), and (q), §325.8(e), and THSC, §341.033(a) and §341.036(a), by failing to provide direct daily supervision of the plant by a certified water works operator, keep a complaint log, maintain flushing records on a monthly basis and maintain grounds in order to facilitate cleanliness, improve the general appearance of the plant facilities, issue a boil water notice, and reduce costly repairs; 30 TAC §290.43(c)(1) and (3) and THSC, §341.036(g), by failing to equip the ground storage tank vent with an adequately sized screen mesh and equip the overflow pipe on the ground storage tank with a properly seated gravity hinged flap; 30 TAC §290.44(h)(1)(A) and THSC, §341.033(f), by failing to install a backflow prevention assembly; 30 TAC §290.42(e)(7) and THSC, §341.036(a), by failing to protect and seal the hypochlorination solution container; 30 TAC §290.110(c)(5), by failing to adequately rotate chlorine residual samples; and 30 TAC §290.41(c)(3)(J) and (N), and THSC, §341.036(c), by failing to provide an adequately sized sealing block, repair damaged sealing blocks, and provide an individual flow meter for each well; PENALTY: $600; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(35) COMPANY: Shahnoor Corporation; DOCKET NUMBER: 2001-0895-PST-E; IDENTIFIER: PST Facility Identification Number 58684; LOCATION: Kilgore, Gregg County, Texas; TYPE OF FACILITY: retail gas station; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate the required financial responsibility; PENALTY: $800; ENFORCEMENT COORDINATOR: Elnora Moses, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(36) COMPANY: Stubbs Petroleum Co., Inc.; DOCKET NUMBER: 2001-1514-PST-E; IDENTIFIER: Enforcement Identification Number 17085; LOCATION: Dayton, Liberty County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $800; ENFORCEMENT COORDINATOR: Kevin Keyser, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(37) COMPANY: The Lubrizol Corporation; DOCKET NUMBER: 2001-1104-AIR-E; IDENTIFIER: Air Account Number HG-0459-J; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: organic chemical processing; RULE VIOLATED: 30 TAC §116.115(b) and (c), Permit Number 20849, and THSC, §382.085(b), by failing to comply with the hydrogen chloride limits; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767- 3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(38) COMPANY: Tranter Phe, Inc.; DOCKET NUMBER: 2001-1432-MLM-E; IDENTIFIER: Air Account Number WH-0115-L and Solid Waste Registration Number 30386; LOCATION: Wichita Falls, Wichita County, Texas; TYPE OF FACILITY: heat transfer equipment manufacturing; RULE VIOLATED: 30 TAC §106.433(6)(B) and (8)(B) and §116.110(a), and THSC, §382.085(b), by failing to obtain a permit or meet the special conditions for paint booths; and 30 TAC §335.69(a)(3) and 40 CFR §262.34(a)(3), by failing to label containers with the words "hazardous waste"; PENALTY: $4,375; ENFORCEMENT COORDINATOR: George Ortiz, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(39) COMPANY: United Petroleum Transports, Incorporated; DOCKET NUMBER: 2001-1348- PST-E; IDENTIFIER: Enforcement Identification Number 16718; LOCATION: Lakeway, Travis County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(40) COMPANY: United States Gypsum Company; DOCKET NUMBER: 2001-1147-AIR-E; IDENTIFIER: Air Account Number HG-0762-F; LOCATION: Galena Park, Harris County, Texas; TYPE OF FACILITY: wallboard manufacturing; RULE VIOLATED: 30 TAC §101.360(a) and THSC, §382.085(b), by failing to submit the level of activity certification form; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Gloria Stanford, (512) 239-1871; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(41) COMPANY: Jack Vanden Berge dba Vanden Berge Dairy; DOCKET NUMBER: 2001- 0955-AGR-E; IDENTIFIER: Water Quality Permit Number 003184-000; LOCATION: Stephenville, Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §305.125(1) and §321.31(a), Water Quality Permit Number 003184-000, and the Code, §26.121, by failing to prevent an unauthorized discharge of wastewater; and 30 TAC §321.42(a), by failing to provide a written notification of the discharge; PENALTY: $2,800; ENFORCEMENT COORDINATOR: Brad Brock, (512) 239-1165; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(42) COMPANY: Terry Cloven Walls; DOCKET NUMBER: 2001-1072-AGR-E; IDENTIFIER: Enforcement Identification Number 16414; LOCATION: Stephenville, Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.33(e) and §321.40(1), by failing to maintain adequate facilities to contain waste and wastewater; 30 TAC §321.31(a) and the Code, §26.121(a)(1), by failing to prevent an unauthorized discharge of wastewater; and 30 TAC §321.42(a), by failing to submit written documentation of the discharge; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(43) COMPANY: Wiemers Oil, Inc.; DOCKET NUMBER: 2001-1457-PST-E; IDENTIFIER: Enforcement Identification Number 16943; LOCATION: Vanderpool, Bandera County, Texas; TYPE OF FACILITY: fuel distribution; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(44) COMPANY: Trinidad Cuellar dba West Mart Convenience Store; DOCKET NUMBER: 2001-1529-PST-E; IDENTIFIER: PST Facility Identification Number 38408; LOCATION: Hondo, Medina County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.3467(a), by failing to ensure that a UST registration and self-certification form were fully and accurately completed and make available to a common carrier a valid, current delivery certificate; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Alita Champagne, (512) 239-0784; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(45) COMPANY: Woodcreek Utilities, Inc.; DOCKET NUMBER: 2001-1146-MWD-E; IDENTIFIER: Water Quality Permit Number 11790-001 (Expired); LOCATION: Wimberly, Hays County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(2) and the Code, §26.121, by failing to obtain authorization to discharge municipal waste; PENALTY: $9,000; ENFORCEMENT COORDINATOR: Robert Mikesch, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

TRD-200201902

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: March 26, 2002

Notice of Water Quality Applications

The following notices were issued during the period of March 14, 2002 through March 25, 2002.

The following require the applicants to publish notice in the newspaper. The public comment period, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P O Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

AVALON WATER SUPPLY AND SEWER SERVICE CORPORATION has applied for a renewal of TPDES Permit No. 13981-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day. The facility is located approximately 1,100 feet west of State Highway 55 and approximately 1,900 feet south of the intersection of State Highway 34 and State Highway 55 in the community of Avalon in Ellis County, Texas.

CITY OF CHILLICOTHE has applied for a renewal of TPDES Permit No. 10639-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 113,000 gallons per day. The facility is located approximately two (2) miles north-northeast of the intersection of Farm-to-Market Roads 91 and 924, approximately two and one-half (2.5) miles north of the intersection of Farm-to-Market Road 91 and U.S. Highway 287 in Hardeman County, Texas.

CINCO MUNICIPAL UTILITY DISTRICT NO. 1 has applied for a renewal of TNRCC Permit No. 13172-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 910,000 gallons per day. The facility is located approximately 1700 feet east of 6055 South Mason Road and approximately 0.75 mile north and 3 miles west of the intersection of Farm-to-Market Road 1093 and Farm-to-Market Road 1464 in Fort Bend County, Texas.

P CHEM, INC. has applied for a renewal of TNRCC Permit No. 02393, which authorizes the discharge of storm water on an intermittent and flow variable basis via Outfall 001. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0084956 issued on July 10, 1987 and TNRCC Permit No. 02393, issued on March 25, 1994. The applicant operates a chemical manufacturing facility primarily producing oil field chemicals. The plant site is located immediately west of the intersection of Farm-to-Market Road 2663 and State Highway 287 North, at 100 Old Latexo Road in the City of Latexo, Houston County, Texas.

CITY OF PALMER has applied for a renewal of TNRCC Permit No. 13620-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 226,000 gallons per day. The plant site is located approximately 0.40 mile south and 0.10 mile west of the intersection of Farm-to-Market Road 813 and Interstate Highway 45 in the City of Palmer in Ellis County, Texas.

CITY OF POINT COMFORT has applied for a renewal of TPDES Permit No. 10599-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located at the intersection of Murrah and Pease Streets, approximately 2900 feet northwest of the intersection of Farm-to-Market Road 1593 and State Highway 35 in Calhoun County, Texas. The treated effluent is discharged to Lavaca Bay/Chocolate Bay in Segment No. 2453 of the Bays and Estuaries.

ELI SASSON has applied for a National Pollutant Discharge Elimination System (NPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 11414-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day. The plant site is located 14115 Farm-to-Market Road 529 approximately 1.5 miles southeast of the intersection of State Highway 6 and Farm-to-Market Road 529, northwest of the City of Houston in Harris County, Texas.

SOUTH NEWTON WATER SUPPLY CORPORATION has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14314-002, to authorize the discharge of filter backwash water at a daily average flow not to exceed 36,000 gallons per day. The facility is located on the east side of Old Highway 87 (County Road 4181), 0.7 mile southeast of the Old Highway 87/Kansas City Southern Railroad crossing at Hartburg, and 4,550 feet east-northeast of State Highway 87 crossing the Newton/Orange County line in Newton County, Texas.

TEXAS NATIONAL MUNICIPAL UTILITY DISTRICT has applied for a renewal of TNRCC Permit No. 11715-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 75,000 gallons per day. The plant site is located north of Camp Creek, approximately 1 1/2 miles northeast of the intersection of Texas National Boulevard and Farm-to- Market Road 2432 in Montgomery County, Texas.

TRAIL OF THE LAKES MUNICIPAL UTILITY DISTRICT has applied for a major amendment to TPDES Permit No. 11901-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 600,000 gallons per day to an annual average flow not to exceed 1,520,000 gallons per day. The facility is located approximately 6,500 feet south and 150 feet east of the intersection of Woodland Hills Drive and Atascocita Road in Harris County, Texas.

WARREN INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. 11307-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day. The facility is located south of Farm-to-Market Road 1943 and east of Blue Berry Hill Drive in Tyler County, Texas.

TRD-200201910

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 26, 2002

Notice of Water Rights Application

Notices mailed during the period March 25, 2002 through March 26, 2002

APPLICATION NO. 5750 Prosper Land Company, Ltd., P.O. Box 802331, Dallas, TX, 75380- 2331, applicant, seeks a water use permit, pursuant to Texas Water Code (TWC) 11.143, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Published notice of the application is given pursuant to 30 TAC 295.152 and mailed notice pursuant to 30 TAC 295.153 to the downstream water right holders in Collin County. Applicant seeks to maintain an exempt dam and reservoir on Gentle Creek, watershed of Wilson Creek, East Fork of the Trinity River, Trinity River Basin for aesthetics and recreational purposes. Applicant also seeks to divert and use 450 acre-feet of water per annum at a maximum diversion rate of 4.813 cfs (2,160 gpm) from the perimeter of the aforesaid reservoir for irrigation of 147.6 acres of land out of a 469.134 acre tract located in the W. T. Horn Survey, Abstract 376 and 419 the A. Dyer Survey, Abstract 258, Collin County. The reservoir is located approximately 7.3 miles northwest of McKinney, Collin County and 2.9 miles Northeast from the City of Prosper. Station 8+00 on the center line of the dam is N16.348 degrees E, 2731.18 feet from the Southwest corner of the aforesaid Horn Survey, said point also being Latitude 33.251 degrees N and Longitude 96.751 degrees W. The reservoir has a surface area of 24.5 acres and a capacity of 154.3 acre-feet. The applicant has indicated that they have use of two groundwater wells with a combined yield of 400-450 gpm and that all water diverted for irrigation will be replaced with groundwater. Notice will be sent to the 4 water right holders of record with diversion points downstream of the reservoir to Lake Lavon. Pursuant to TAC 297.45, the granting an application for a water right shall not cause an adverse impact to an existing water right. The application was received on May 23, 2001. The Executive Director reviewed the application and determined it to be administratively complete on January 4, 2002. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

APPLICATION NO 8222. Emerson Construction Company, Inc., P. O. Box 1888, Temple, Texas 76503, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a temporary water use permit pursuant to 11.138, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Notice should be mailed to two (2) water right holders of record downstream of the applicant's diversion points in the Brazos River Basin pursuant to 30 TAC 295.154.Emerson Construction Company, Inc. seeks a temporary water use permit, for a period of 2 years, to divert and use 82 acre-feet of water at a maximum diversion rate of .446cfs (200 gpm) from three diversion points for construction (tank trail) use. The first diversion point is located at an unnamed tributary of Cowhouse Creek, tributary of Leon River, tributary of Brazos River, Brazos River Basin, Coryell County, at Latitude 31.213 degrees N, Longitude 97.750 degrees W. The second diversion point is located on Cowhouse Creek at Latitude 31.213 degrees N, Longitude 97.792 degrees W. The third diversion point is located on an unnamed tributary of Brown's Creek, tributary of Cowhouse Creek at Latitude 31.250 degrees N, Longitude 97.750 degrees W. All diversion points are located on Fort Hood Army Base in the vicinity of West Range Road, located 15.5 miles in a southerly direction from the City of Gatesville, Coryell County and 7.5 miles in a northerly direction from the City of Fort Hood, Texas. Pursuant to TAC 297.45, granting an application for a temporary water use permit shall not cause an adverse impact to an existing water right. The application was received on January 22, 2002. The Executive Director of the TNRCC has reviewed the application and has declared it to be administratively complete on February 11, 2002. Written public comments and requests for a public meeting should be received in the Office of Chief Clerk, at the address provided in the information section below, by April 16, 2002. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed by April 16, 2002. The Executive Director may approve the application unless a written request for a contested case hearing is filed.

Information Section

A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in an application.

The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement [I/we] request a contested case hearing; and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TNRCC Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-200201912

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: March 26, 2002

Public Utility Commission of Texas

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

On March 21, 2002, WinStar Communications, LLC filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60027. Applicant intends to discontinue its facilities-based wireless services provided to Dallas/Fort Worth and Houston Metropolitan Areas.

The Application: Application of WinStar Communications, LLC for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 25622.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326 no later than April 10, 2002. You may contact the commission's Customer Protection Division at (512) 936-7120. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25622.

TRD-200201848

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

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

On March 25, 2002, American Lightwave Communications, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60377. Applicant intends to expand its geographic area to include the Dallas, Austin, and San Antonio Local Access and Transport Areas.

The Application: Application of American Lightwave Communications, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 25641.

TRD-200201908

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 26, 2002

Notice of Application for Designation as an Eligible Telecommunications Provider Pursuant to P.U.C. Substantive Rule §26.417

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on March 21, 2002, for designation as an eligible telecommunications provider pursuant to P.U.C. Substantive Rule §26.417.

Docket Title and Number: Application of Logix Communications Corporation for Designation as an Eligible Telecommunications Provider (ETP) Pursuant to P.U.C. Substantive Rule §26.417. Docket Number 25619.

The Application: Logix Communications Corporation (Logix) is requesting ETP designation in order to be eligible to receive funds from the Texas Universal Service Fund (TUSF) under the Texas High Cost Universal Service Plan (THCUSP). Logix seeks ETP designation in each of the exchanges in the service areas of Southwestern Bell Telephone Company and Verizon Southwest, Inc. in the state of Texas. The proposed effective date is May 6, 2002. Logix holds Service Provider Certificate of Operating Authority Number 60155.

Persons who wish to comment on this application should notify the Public Utility Commission of Texas by April 25, 2002. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. The deadline for comment is April 25, 2002, and all correspondence should refer to Docket Number 25619.

TRD-200201904

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 26, 2002

Notice of Application for Waiver to Requirements in P.U.C. Substantive Rule §25.272

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on March 19, 2002, for waiver of the information safeguards imposed by P.U.C. Substantive Rule §25.272(g)(1).

Docket Title and Number: Application of Reliant Energy HL&P for Authority to Release Proprietary Customer Information. Docket Number 25609.

The Application: Reliant Energy HL&P (HL&P) is planning to sell to Comverge Technologies, Inc. and/or its Texas subsidiary (collectively Comverge), certain load control switches and other assets of HL&P's direct load control Energy Partners Program (the Program) so that Comverge may continue the Program or run similar programs in the future. HL&P asserts, that in order for the transfer to take effect, Comverge needs to know the names, addresses and phone numbers of the customers on whose residential air conditioning equipment the load control switches are located. This information is defined as proprietary customer information under P.U.C. Substantive Rule §25.272(c)(5). HL&P is requesting that the commission make a good cause exception to its rules under P.U.C. Substantive Rule §25.3 and grant authorization under P.U.C. Substantive Rule §25.272(g)(1)(A) for the release of the names, addresses, and phone numbers of the Program's participants to Comverge upon the closing of the sale.

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 25609.

TRD-200201754

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 21, 2002

Notice of Application for Waiver to Requirements in P.U.C. Substantive Rule §25.181

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on March 22, 2002, for waiver of the limitation on energy efficiency incentive payments imposed by P.U.C. Substantive Rule §25.181(h)(3).

Docket Title and Number: Application of Texas-New Mexico Power Company (TNMP) for Waiver Pursuant to P.U.C. Substantive Rule §25.181(h)(3). Docket Number 25639.

The Application: TNMP declared that it received limited response to its Residential/Small Commercial Standard Offer program. TNMP believes that the primarily rural nature of its service territory offered limited interest to participants. According to the application, TNMP received five applications for the Residential/Small Commercial Standard offer program and four applications for the Hard-to-Reach Component of the program. According to the affidavit of Tony Thompson, TNMP believes that three of the five potential Project Sponsors in the Residential/Small Commercial Standard Offer program are affiliated with one another and that three of the four Project Sponsors in the Hard-to-Reach Component of the program are affiliated with one another. TNMP stated that due to the limited response to TNMP's program offerings, TNMP cannot implement its Residential/Small Commercial Standard Offer program, including the Residential Hard-to-Reach component, without a waiver by the commission of the 20% incentive payment limitation or a declaration by the commission that the companies are not "affiliates" for purposes of P.U.C. Substantive Rule §25.181(h)(3).

TRD-200201913

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 26, 2002

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

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on March 22, 2002, pursuant to P.U.C. Substantive Rule §26.171 to implement minor rate changes.

Tariff Title and Number: Application of Cap Rock Telephone Cooperative, Inc. (Cap Rock) to Implement Minor Rate Changes Pursuant to P.U.C. Substantive Rule §26.171. Tariff Control Number 25636.

The Application: Cap Rock seeks approval to implement minor rate changes to residential and business monthly Local Exchange Access Line Service, Pay Telephone Access Service, Rotary Service, and PBX Trunk Service. In addition, Cap Rock proposes to bundle its residence and business monthly Local Exchange Access Line Service rates and Tone Dialing charges. Residential customers who presently do not have Tone Dialing Service and who currently pay $7.10 in Dickens, Matador, Quitaque, Roaring Springs, and Turkey Exchanges will pay $7.80 until the customer(s) move or change service. Cap Rock also proposes to remove Outside Base Rate Area charges and Key System Service from its tariff. Current Key System Service customers will be moved to Rotary Service since these two services are technologically similar, and those Key System Service customers who are moving to Rotary Service will see a rate decrease. The company proposes an effective date of July 1, 2002. The estimated annual revenue decrease is $41,193 for the first year of service, which is 1.0% of the Cooperative's gross annual intrastate revenues.

Subscribers of Cap Rock have a right to petition the commission for review of this proposed new service offering by filing a protest with the commission. The protest must be signed by a minimum of 5.0%, or 1,500 of the affected local service customers, and must be received by the commission no later than May 31, 2002. The 5.0% limitation will be calculated based upon the total number of affected customers of record as of the calendar month preceding the commission's receipt of the petition for review.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by May 31, 2002. Requests for further information should be mailed to the Public Utility Commission of Texas, P. O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. The deadline for comment is May 31, 2002, all comments should reference Tariff Control Number 25636.

TRD-200201906

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 26, 2002

Public Notice of Amendment to Interconnection Agreement

On March 20, 2002, Southwestern Bell Telephone Company and Ionex Communications South, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25618. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25618. 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 April 22, 2002, 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 25618.

TRD-200201847

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 25, 2002

Public Notice of Amendment to Interconnection Agreement

On March 21, 2002, Southwestern Bell Telephone Company and Signature Telecommunications, Inc. doing business as Randy White Telecommunications, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25625. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25625. 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 April 22, 2002, and shall include:

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

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

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

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

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

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

TRD-200201850

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 25, 2002

Public Notice of Amendment to Interconnection Agreement

On March 21, 2002, Southwestern Bell Telephone Company and Buy-Tel Communications, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25626. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25626. 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 April 22, 2002, and shall include:

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

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

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

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

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

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

TRD-200201851

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 25, 2002

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

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

Docket Title and Number. Texas Alltel, Inc. Application for Approval of LRIC Study for New Automatic Intercept Service Pursuant to P.U.C. Substantive Rule §26.214 on April 1, 2002, Docket Number 25611.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 25611. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200201845

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 25, 2002

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

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

Docket Title and Number. Sugar Land Telephone Company Application for Approval of LRIC Study for New Automatic Intercept Service Pursuant to P.U.C. Substantive Rule §26.214 on April 1, 2002, Docket Number 25612.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 25612. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200201846

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 25, 2002

Public Notice of Interconnection Agreement

On April 5, 2002, Southwestern Bell Telephone, L.P., AT&T Communications of Texas, L.L.P., WorldCom, Inc., Sprint Communications Company, L.P. doing business as Sprint, and Sage Telecom of Texas, L.P., collectively referred to as applicants, filed interconnection agreements pursuant to Section 252 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 2002) (PURA). The applications were filed pursuant to the revised arbitration award issued in Complaint of Rhythms Links, Inc. Against Southwestern Bell Telephone Company for Post-Interconnection Dispute Resolution and Arbitration under the Telecommunications Act of 1996 Regarding Rates, Terms, Conditions, and Related Arrangements for Line Sharing . The applications have been designated Docket Number 22469. The petition for arbitration, arbitration award, and the underlying interconnection agreements are available for public inspection at the commission's offices in Austin, Texas.

The FTA authorizes the commission to review and approve an interconnection agreement that is a result of arbitration. Pursuant to FTA §252(e)(2) the commission may reject any agreement resulting from an arbitration award if it finds that the agreement does not meet the requirements of Section 251, including the regulations prescribed by the commission pursuant to FTA §251, or the standards set forth in FTA §252(d). Additionally, under FTA §252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 13 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 22469. The comments shall be filed by April 19, 2002 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; and

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

a) does not meet the requirements of FTA §251, including any Federal Communications regulation implementing FTA §251; or

b) is not consistent with the standards established in FTA §252(d); or

c) is not consistent with other requirements of state law.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202.

Persons with questions about this project or who wish to comment on the applications 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 (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1 (800) 735-2989. All correspondence should refer to Docket Number 22469.

TRD-200201747

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 20, 2002

Public Notice of Interconnection Agreement

On March 21, 2002, United Telephone Company of Texas, Inc. doing business as Sprint, Central Telephone Company of Texas doing business as Sprint, and Verizon Wireless of Texas, LP doing business as Verizon Texas, 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 2002) (PURA). The joint application has been designated Docket Number 25624. 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 25624. 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 April 22, 2002, and shall include:

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

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

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

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

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

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

TRD-200201849

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 25, 2002

Public Notice of Interconnection Agreement

On March 22, 2002, Southwestern Bell Telephone Company and Weston Telecommunications, LLC doing business as Easton Telecom Services, Inc., 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 2002) (PURA). The joint application has been designated Docket Number 25627. 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 25627. 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 April 22, 2002, and shall include:

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

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

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

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

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

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

TRD-200201852

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 25, 2002

Public Notice of Workshop on Load Profiling and Load Research

The Public Utility Commission of Texas (commission) will hold a workshop regarding Load Research and Load Profiling on Monday, April 22, 2002 at 9:30 a.m. in Room 1-104 located on the first floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 25516 has been established for this proceeding.

Ten days prior to the workshop the commission shall make available in Central Records under Project Number 25516 an agenda for the format of the workshop.

Questions concerning the workshop or this notice should be referred to Shawnee Claiborn- Pinto, Electric Division, (512) 936-7388. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200201903

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 26, 2002

Public Notice of Workshop Regarding the Report to the 78th Legislature on the Scope of Competition in Telecommunications Markets

The staff of the Public Utility Commission of Texas (staff) will hold a workshop regarding data requirements for the 2003 Scope of Competition Report in Telecommunications Markets of Texas, on Thursday, April 25, 2002, from 9:00 a.m. to noon in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 24727, Report to the 78th Legislature on the Scope of Competition in the Telecommunications Markets , has been established for this proceeding. At the workshop, commission staff will seek comment on the methodology, specific data requirements, and scope of information to be gathered for staff evaluation and preparation of this report for the legislature. Staff will also review and seek comment on the proposed timeline for data submissions.

Ten days prior to the workshop the commission shall make available on its website information under Project No. 24727 regarding an agenda for the format of the workshop and possible questions for parties to file prior to the workshop or respond to at the workshop. This information can be accessed at: http://www.puc.state.tx.us/telecomm/projects/24727/24727.cfm.

Questions concerning the workshop or this notice should be referred to Darrell Guthrie, Director, Telecommunications Policy Analysis, Policy Development Division, (512) 936-7214 or Elango Rajagopal, Senior Policy Analyst, Telecommunications Division, (512) 936-7392. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200201914

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: March 26, 2002

Texas Department of Transportation

Public Notice - Aviation

Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.

For information regarding actions and times for aviation public hearings, please go to the following web site:

http://www.dot.state.tx.us

Click on Aviation, click on Aviation Public Hearing. Or, contact Karon Wiedemann, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4520 or 800 68 PILOT.

TRD-200201763

Richard D. Monroe