TITLE in-addition

Office of the Attorney General

Notice of Settlement of a Texas Solid Waste Disposal Act Enforcement Action

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Health and Safety Code. Before the State may settle a judicial enforcement action, pursuant to §7.110 of the Texas Water Code the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act.

Case Title and Court: George Bartee v. Texas Water Commission, Cause No. 436,042; In the 261st District Court, Travis County, Texas.

Background: The Texas Commission on Environmental Quality ("TCEQ") issued an administrative order identifying the McBay Oil and Gas Site ("the Site"), a former petroleum refining and oil reclamation facility in Houston County, Texas, as a State Superfund Site. George Bartee ("Bartee") and other parties named in the order appealed to the District Courts of Travis County. The State of Texas filed counterclaims against Bartee and others. Subsequently Bartee participated in a cleanup of the Site, which has been approved by the TCEQ.

Nature of the Settlement: The State's claims against Bartee are to be settled by an agreed final judgment.

Proposed Settlement: The agreed final judgment dismisses Bartee's appeal of the administrative order, finds that he has satisfied the terms and conditions of the order as to his divisible share of the waste, and provides for a release.

The Office of the Attorney General will accept written comments relating to the proposed settlement for thirty (30) days from the date of publication of this notice. Copies of the proposed agreed final judgment may be examined at the Office of the Attorney General, 300 W. 15th Street, 10th Floor, Austin, Texas. A copy of the proposed agreed final judgment may also be obtained in person or by mail at the above address for the cost of copying. Requests for copies of the judgment, and written comments on same, should be directed to Thomas H. Edwards, Assistant Attorney General, Office of the Attorney General, P.O. Box 12548, Austin, Texas 78711-2548; telephone (512) 463-2012, fax (512) 320-0052.

For information regarding this publication, you may contact A.G. Younger, Agency Liaison, at 512 463-2110.

TRD-200302703

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: April 30, 2003

Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. Requests for federal consistency review were deemed administratively complete for the following projects(s) during the period of April 18, 2003, through April 24, 2003. The public comment period for these projects will close at 5:00 p.m. on May 30, 2003.

FEDERAL AGENCY ACTIONS:

Applicant: Galveston Wharves/Port of Galveston; Location: The project can be located on the U.S.G.S. quadrangle map entitled: Galveston, Texas. Approximate UTM Coordinates: Zone 15; Easting: 325210; Northing: 3243264. Project Description: The applicant proposes to construct 3 pile-supported concrete piers and a mooring bollard platform, at Piers 23-26, on the Galveston Ship Channel, in the City of Galveston, Galveston, County, Texas. CCC Project No.: 03-0124-F1; Type of Application: U.S.A.C.E. permit application #9703(14) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: City of Galveston - Department of Planning; Location: The project is located along the Gulf of Mexico, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Lake Como, Texas. Approximate UTM Coordinates: Zone 15; Easting: 317011; Northing: 3234943 to the U.S.G.S. quadrangle map entitled: San Luis Pass, Texas. Approximate UTM Coordinates: Zone 15; Easting: 296976; Northing: 3221613. Project Description: The applicant proposes to place up to 300,000 cubic yards of beach quality sand on the Gulf beaches to replace sand lost due to chronic erosion. The project area beaches consist of 34,000 feet along 17 non-contiguous subdivisions on the west end of Galveston Island. The fill areas include all or part of Sunny Beach, Sands of Kahala, West Beach Grand Riviera I/II, Hershey Beach, Spanish Grant, Bermuda Beach, Pirates Beach, Palm Beach, Pirates Beach West, Kahala Beach Estates Additional One, Sea Isle, Terramar, Bay Harbor, Carribean Village, Miramar, Half Moon Beach, and San Luis Estates. Sand fill may cover up to 150 acres of beach. Beach quality sand fill material will be similar to native beach sand in grain size, color, and composition and will be obtained from commercial source(s) or other borrow sites previously authorized under another USACE permit. Sand will be mechanically delivered and placed, sand will not be hydraulically placed. Sand placement will not impede natural drainage. Beach fill material will not be placed over existing improvements such as fences and dune walkovers, nor within close proximity to houses. No wetlands will be impacted as part of the construction of this project. CCC Project No.: 03-0125-F1; Type of Application: U.S.A.C.E. permit application #22972 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §125-1387). NOTE: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act.

Applicant: Texas Department of Transportation; Location: The project can be located on FM 521 crossing of the San Bernard River, mile 17.9 at Brazoria, Brazoria County, Texas. Project Description: The applicant proposes widen the existing, fixed-span bridge from 31 feet to 46 overall to accommodate the placement of two 10-f00t shoulders. The existing fender system will remain. Thus, the project will not affect the available horizontal navigational clearance However, the project will reduce the available vertical clearance by approximately 3 1/2 inches. The project length is approximately 881 feet. CCC Project No.: 03-0129-F1; Type of Application: U.S.C.G. permit application #CGD8-19-02 is being evaluated under Section 9 Bridge Permit.

Applicant: Texas Department of Transportation; Location: The project can be located in Highland Bayou, approximately 5.4 miles upstream of its confluence with Jones Bay near Hitchock, Galveston County, Texas. Project Description: The applicant proposes the construction of a replacement bridge for the existing Fairwood Road Bridge. The vertical clearance of the proposed replacement bridge will remain the same as that of the existing 25 feet to 40 feet. The replacement bridge will provide a horizontal clearance of 40 feet between piers and a vertical clearance of approximately 6.25 feet above mean high water, elevation 2 feet above mean sea level. CCC Project No.: 03-0130-F1; Type of Application: U.S.C.G. permit application #CGD8-06-03 is being evaluated under Section 9 Bridge Permit.

Applicant: J.W. Kelso Company, Inc.; Location: The project can be located at 7100 Harborside Drive, Galveston, Texas 77554. The project can be located on the U.S.G.S. quadrangle map entitled: Galveston, Texas. Approximate UTM Coordinates: Zone 15; Easting: 319836; Northing: 3241933. Project Description: The applicant proposes to construct a 330-linear-foot concrete sheet pile bulkhead with a tieback anchor system, turning basin and access channel. The bulkhead and tieback system would be constructed from the landward side prior to dredging work being performed. The existing water depth at the proposed backfill location is minus 1.4 feet mean high tide (MHT). The applicant would deposit 300 cubic yards (0.13 acres) of clean concrete sand or lightweight aggregate fill behind the bulkhead and below the MHT line. All dredging work would be executed by mechanical means (dragline and/or excavator). CCC Project No.: 03-0133-F1; Type of Application: U.S.A.C.E. permit application #23000 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §125-1387). NOTE: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act.

Applicant: Newpark Shipbilding; Location: The project can be located in the Houston Ship Channel and Old Buffalo Bayou, at 8502 Cypress Street, in Houston, Harris County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Park Place, Texas. Approximate UTM Coordinates for the northern project site: Zone 15; Easting: 280131; Northing: 3290152. Approximate UTM Coordinates for the disposal site: Zone 15; Easting: 287380; Northing: 3290869. Project Description: The applicant requests an amendment of permit 14209(04), which authorizes the hydraulic maintenance dredging of several areas around Brady Island in the Houston Ship Channel. The applicant requests an extension of time to perform maintenance dredging of two boat slips located on the north and south sides of Brady Island. The applicant proposes to dredge the north slip from the existing depth of -18 feet 10 inches to a proposed depth of -19 feet 4 inches below mean high water. The applicant proposes to dredge the south slip from the existing depth of -15 feet to a proposed depth of -16 feet 4 inches below mean high water. A total 0f 2,390 cubic yards will be dredged. The applicant requests permission to add a disposal site located at 1600 North Whittier Road, in Pasadena, Harris County, Texas. CCC Project No.: 03-0136-F1; Type of Application: U.S.A.C.E. permit application #14209(05) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §125-1387).

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

Further information on the applications listed above may be obtained from Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or diane.garcia@glo.state.tx.us. Comments should be sent to Ms. Garcia at the above address or by fax at 512/475-0680.

TRD-200302704

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: April 30, 2003

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Sections 303.003, 303.005, and 303.009, Tex. Fin. Code.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 05/05/03 -- 05/11/03 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 05/05/03 -- 05/11/03 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by Sec. 303.005 3 for the period of 05/01/03 -- 05/31/03 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The monthly ceiling as prescribed by Sec. 303.005 for the period of 05/01/03 -- 05/31/03 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

3 For variable rate commercial transactions only.

TRD-200302691

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: April 29, 2003

Texas Commission on Environmental Quality

Notice of District Petition

Notices mailed April 25, 2003 through April 28, 2003.

TCEQ Internal Control No. 02272003-D03;LAND TEJAS FM 1093 & 723, LTD., (Petitioner) filed a petition for creation of Fort Bend County Municipal Utility District No.142 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) the proposed District will contain approximately 586.04 acres located within Fort Bend County, Texas; and (3) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas, and is not within the jurisdiction of any other city. There is one lienholder on the property to be included in the proposed District. By Ordinance No. 2003- 224, effective March 18, 2003, the City of Houston, Texas, gave its consent to create the proposed District. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $40,000,000.

TCEQ Internal Control No. 03052003-D10; Sugar Land Ranch Development, L.L.C. and Hillsboro Estates, L.L.C. (Petitioners) filed a petition for creation of Fort Bend County Municipal Utility District No.129 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioners are the owner of a majority in value of the land to be included in the proposed District; (2) there is one lienholder (The International Bank of China) on the land to be included in the proposed District; (3) the proposed District will contain approximately 385.11 acres located within Fort Bend County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Missouri City, Texas, and is not within the jurisdiction of any other city. By Resolution No. R-02-22, effective August 5, 2002, the City of Missouri City, Texas granted its consent to create the proposed District and authorized the Petitioners to initiate proceedings to create such political subdivision within its jurisdiction. According to the petition, a preliminary investigation to determine the cost of the project, and it is estimated by the Petitioners, from the information available at this time, the cost of the project is estimated to be approximately $20,500,000.

INFORMATION SECTION

The TCEQ may grant a contested case hearing on these petitions if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed district's boundaries. You may also submit your proposed adjustments to the petition 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.

The Executive Director may approve the petitions unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of the notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

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

TRD-200302693

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 29, 2003

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director (ED) of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 9, 2003 . The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 9, 2003 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the commission in writing .

(1) COMPANY: Al-Hayat, Inc. dba Honey Stop #1; DOCKET NUMBER: 2002-0072-PST-E; TCEQ ID NUMBER: 29412; LOCATION: 9240 Highway 75 North, New Waverly, Walker County, Texas; TYPE OF FACILITY: service station with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.48(c), by failing to conduct inventory control at a retail facility regardless of which method of release detection was used; 30 TAC §334.50(b)(1)(A), (b)(2), and (b)(2)(A)(i)(III), and TWC, §26.3475(a) and (c)(1), by failing to provide proper release detection for the underground storage tank (UST) systems; 30 TAC §37.815(a) and (b), by failing to demonstrate the required financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of USTs; 30 TAC §334.8(c)(5)(B)(i) and TWC, §26.346(a), by failing to ensure that an application for renewal of the UST self-certification was properly and timely filed; and 30 TAC §334.22(a), by failing to pay outstanding UST fees; PENALTY: $16,250; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Dale Madrigal, Individually, and Iowa Water Supply Corporation; DOCKET NUMBER: 2001-0636-PWS-E; TCEQ ID NUMBER: 0130060; LOCATION: approximately one mile north of Highway 359 on Lehman Street, near Beeville, Bee County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.109(c)(3)(A)(ii), by failing to submit repeat microbiological samples; 30 TAC §290.46(t), by failing to provide ownership signs at each of its production, treatment, and storage facilities; 30 TAC §290.46(m), by failing to conduct good maintenance and housekeeping practices; 30 TAC §290.46(m)(1), by failing to inspect the ground storage tank on an annual basis and by failing to inspect the pressure tank on an annual basis; 30 TAC §290.10(c)(5)(A) and (d)(3)(c), by failing to measure the free chlorine residual using the diethyl-p- phenylekiamine (DPD) method and failing to monitor the chlorine residual at least once every seven days; 30 TAC §290.46(u), by failing to plug abandoned well Number 2 with cement; 30 TAC §290.41(c)(3)(N), by failing to have a flow meter for well Number 1; 30 TAC §290.43(c)(4), by failing to have a properly installed water level indicator on the ground storage tank; 30 TAC §290.43(c), by failing to have an access ladder on the ground storage tank in order to meet the American Water Works Association standard; 30 TAC §290.42(e)(7), by failing to have adequate housing for the hypochlorinator; 30 TAC §290.41(c)(1)(F), by failing to secure a sanitary easement covering the land within 150 feet of the well; 30 TAC §290.41(c)(3)(K), by failing to provide a screened casing vent on the well head; 30 TAC §290.41(c)(3)(C), by failing to properly cement the space between the casing and drill hole; and 30 TAC §290.46(e) and Texas Health and Safety Code (THSC), §341.033(a), by failing to operate the system under the direct supervision of a certified water works operator at all times; PENALTY: $14,525; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(3) COMPANY: Enviro Save Oil Recovery Company of America; DOCKET NUMBER: 2000- 0440-MSW-E; TCEQ ID NUMBER: A85645; LOCATION: South 13th and Jackson Street, Waco, McLennan County, Texas; TYPE OF FACILITY: used oil storage; RULES VIOLATED: 30 TAC §328.28 and THSC, §371.108, by failing to provide a written spill response plan; 30 TAC §328.24(a) and THSC, §371.104(a), by failing to register as a used oil filter storage facility; 30 TAC §328.26(a), by failing to have used oil filters transported to a processor within 90 days of receipt; 30 TAC §328.26(d), by failing to properly label drums used for storage of used oil filters; 30 TAC §328.28, by failing to provide a secondary containment for the used oil filter storage site and failing to provide an approved management plan in lieu of secondary containment; PENALTY: $1,875; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(4) COMPANY: Intercontinental Water Supply Corporation; DOCKET NUMBER: 2001-0489- PWS-E; TCEQ ID NUMBERS: 1010827 and 12531; LOCATION: 13935 Smith Road, Humble, Harris County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §291.21(c)(7) and §291.93(2)(A), and TWC, §13.136(a), by failing to ensure that its tariff includes an approved drought contingency plan; and 30 TAC §288.30(3)(B) and TWC, §13.132(a)(1), by failing to make its drought contingency plan available for inspection by the ED; PENALTY: $125; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-13, (210) 403- 4017; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Kaif Kalolwala dba Raj Transport Company; DOCKET NUMBER: 2001-0848- PST-E; TCEQ ID NUMBER: none; LOCATION: 14403 Barkerview Court, Houston, Harris County, Texas; TYPE OF FACILITY: fuel distribution; RULES VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate issued by the TCEQ covering that UST system prior to depositing a regulated substance into the UST system; PENALTY: $1,500; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(6) COMPANY: Patrick Asogwa; DOCKET NUMBER: 2002-1403-PWS-E; TCEQ ID NUMBER: 043-64-3484; LOCATION: 1300 Houston Avenue, McAllen, Hidalgo County, Texas; TYPE OF FACILITY: public water system operator; RULES VIOLATED: 30 TAC §30.33(c) and TWC, §7.303(B)(3) and (4), and §37.013, by demonstrating gross negligence, incompetency, or misconduct while acting as a holder of a license, certificate, or registration, and making an intentional misstatement or misrepresentation of fact in information required to be maintained or submitted to the commission by the holder of the license, certificate, or registration; PENALTY: license revocation; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(7) COMPANY: Star Tex Distributors, Inc.; DOCKET NUMBER: 2001-0629-PST-E; TCEQ ID NUMBER: 33625; LOCATION: 107 A Landing, League City, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(4), and THSC, §382.085(b), by failing to maintain records documenting proof of attendance and completion of Stage II training; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to perform the annual Stage II pressure decay test; and 30 TAC §334.22, by failing to pay outstanding UST fees; PENALTY: $2,400; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8) COMPANY: Star Tex Distributors, Inc.; DOCKET NUMBER: 2001-0019-PST-E; TCEQ ID NUMBER: 0042777; LOCATION: 9936 LaPorte Freeway, Houston, Harris County, Texas; TYPE OF FACILITY: gasoline station; RULES VIOLATED: 30 TAC §115.242(3)(J) and THSC, §382.085(b), by failing to maintain the Stage I dry breaks; 30 TAC §115.244(1) and (2), §115.246(6), and THSC, §382.085(b), by failing to conduct the daily inspections of the Stage II vapor recovery equipment; 30 TAC §115.245(1) and §115.246(5), and THSC, §382.085(b), by failing to successfully conduct the initial Stage II vapor recovery compliance test; 30 TAC §115.246(1), (3), and (7)(A), and THSC, §382.085(b), by failing to maintain a copy of the Stage II California Air Resource Board executive order, failing to maintain a record of maintenance done on the Stage II vapor recovery equipment, and failing to make available the records for the Stage II vapor recovery equipment installed; and 30 TAC §115.248(1) and §115.246(4), and THSC, §382.085(b), by failing to ensure that at least one station representative completed a TCEQ approved Stage II training course in maintenance and operation of the Stage II vapor recovery system; 30 TAC §334.22, by failing to pay past due UST fees; PENALTY: $19,800; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: Top Cut Tree Service, Inc.; DOCKET NUMBER: 2001-0405-AIR-E; TCEQ ID NUMBER: MQ-0308-P; LOCATION: 11980 Creek Gate, Conroe, Montgomery County, Texas; TYPE OF FACILITY: tree cutting business; RULES VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by conducting unauthorized outdoor burning; and 30 TAC §330.5, by conducting unauthorized disposal of municipal solid waste; PENALTY: $8,750; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: USA Express Inc.; DOCKET NUMBER: 2001-0020-PST-E; TCEQ ID NUMBERS: 0035164, 0005488, 0035329, and 0046112; LOCATIONS: 1301 Federal (Federal Station), 930 Edgebrook (Edgebrook Station), 3400 West Little York (West Little York Station), and 3903 Reveille (Reveille Station), Houston, Harris County, Texas; TYPE OF FACILITIES: convenience stores with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(6) and THSC, §382.085(b), by failing to maintain records of the daily inspections for the Stage II vapor recovery equipment; 30 TAC §115.245(1), §115.246(5), and THSC, §382.085(b), by failing to perform the initial compliance test for the Stage II vapor recovery equipment; 30 TAC §115.246(1), (3), and (7)(A), and THSC, §382.085(b), by failing to maintain records at the station; 30 TAC §115.246(4), §115.248(1), and THSC, §382.085(b), by failing to have at least one station representative complete a TCEQ approved Stage II training course in the maintenance and operation of the Stage II system and failing to maintain proof of attendance and completion of training; and 30 TAC §334.22, by failing to make UST fee payments; PENALTY: $24,000; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R- 12, (713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200302686

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 29, 2003

Notice of Opportunity to Comment on a Settlement Agreement of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Order (AO) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AO, the commission shall allow the public an opportunity to submit written comments on the proposed AO. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 9, 2003 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 9, 2003 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to the commission in writing .

(1) COMPANY: Petro Chemical Transport Inc.; DOCKET NUMBER: 2002-0513-PST-E; TCEQ ID NUMBER: none; LOCATION: 3440 Sojourn, Carrollton, Dallas County, Texas; TYPE OF FACILITY: fuel distribution; RULES VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure and observe that the owners or operators each have a valid, current delivery certificate issued by the TCEQ covering the underground storage tank (UST) systems prior to depositing a regulated substance into the UST systems; PENALTY: $2,000; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200302687

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 29, 2003

Notice of Water Quality Applications

The following notices were issued during the period of April 22, 2003 through April 23, 2003.

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.

AMERICAN WATER SERVICES RESIDUALS MANAGEMENT, INC. has an submitted application for a new permit, Proposed Permit No. 04501, to authorize the land application of sewage sludge for beneficial use on 115 acres. This permit will not authorize a discharge of pollutants into waters in the State. The land application site is located adjacent to the south side of Pierceall Road, 0.2 miles west of intersection Farm-to-Market Road 359 and Pierceall Road, 3 miles south of old U.S. Highway 290 in Waller County, Texas.

CHAMP'S WATER COMPANY has applied for a renewal of TNRCC Permit No. 12730-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 15,400 gallons per day. The facility is located at 10717 County Meadow Lane, approximately 150 feet west of the intersection of Country Meadow lane and Huffsmith-Kohrville and 2.3 miles south- southeast of the City of Tomball in Harris County, Texas

EVADALE WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 has applied for a renewal of TPDES Permit No. 14183-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 160,000 gallons per day. The facility is located approximately 1,000 feet west of the intersection of State Highway 105 and Farm-to-Market Road 1131 in Jasper County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 24 has applied for a renewal of TPDES Permit No. 11988-003, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day. The facility is located approximately 7,500 feet north of Louetta Road, and the west side of Steubner Airline Road in the Community of Spring in Harris County, Texas.

LOWER COLORADO RIVER AUTHORITY has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14404-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day. The facility is located approximately 2,700 feet east of Farm-to-Market Road 2031 (Beach Road) and approximately 1,200 feet north of the Gulf of Mexico in Matagorda County, Texas.

Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE

The Texas Commission on Environmental Quality (TCEQ) has initiated a minor amendment of the TCEQ permit issued to the CITY OF AUSTIN to incorporate the expiration date of December 1, 2009 into the existing permit. The existing permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 386,000 gallons per day via surface irrigation. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located west of the City of Austin, on the south side of Lake Austin, approximately 0.5 mile east of Loop 360 and 3.5 miles north of the intersection of Loop 360 and Ranch Road 2244 (Bee Cave Road) in Travis County, Texas.

TRD-200302692

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 29, 2003

Proposed Enforcement Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075, which requires that the commission 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 June 9, 2003 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission'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 an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 9, 2003 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239- 2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the commission in writing .

(1) COMPANY: Advance Petroleum Distributing Company, Incorporated; DOCKET NUMBER: 2002-1309-PST-E; IDENTIFIER: Regulated Entity Number 102485877; LOCATION: Bedford, Tarrant 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: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Apache Corporation; DOCKET NUMBER: 2002-1363-AIR-E; IDENTIFIER: Air Account Number WF-0098-I; LOCATION: near Pierce, Wharton County, Texas; TYPE OF FACILITY: compressor station; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to timely submit the annual compliance certification; 30 TAC §122.145(2)(C) and THSC, §382.085(b), by failing to submit the deviation reports; and 30 TAC §116.110(a)(4) and THSC, §382.085(b) and §382.0518(a), by failing to submit the PI-7 registration form; PENALTY: $9,000; ENFORCEMENT COORDINATOR: Gloria Stanford, (512) 239-1871; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Atofina Petrochemicals, Inc.; DOCKET NUMBER: 2002-1050-AIR-E; IDENTIFIER: Air Account Number HG-4662-F; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 5264, and THSC, §382.085(b), by failing to demonstrate that the catalytic oxidizer was achieving a volatile organic compound destruction efficiency of 98%; and 30 TAC §101.20(1), §116.115(c), Permit Number 5264, 40 Code of Federal Regulations (CFR) 2160.562- 1(a)(1)(i)(A), and THSC, §382.085(b), by failing to demonstrate that Boiler Numbers B-8001-A and B-8001-B were reducing emissions of total organic compounds by 98% by weight; PENALTY: $4,400; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Chevron Phillips Chemical Company, LP; DOCKET NUMBER: 2002-0786- AIR-E; IDENTIFIER: Air Account Number JE-0508-W and Air Permit Numbers 5215 a, 21101, and 18568; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: petrochemical processing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 21101, and THSC, §382.085(b), by failing to operate flare number 17 and 24 with a pilot flame at all times, failing to conduct required monitoring of hydrogen sulfide (H2S) fuel gas, and failing to comply with the one-hour maximum firing rate; 30 TAC §111.111(4)(A), §116.115(c), and THSC, §382.085(b), by failing to operate flare number 17 in the cumene unit 1746 without visible emissions; 30 TAC §115.354(2)(D) and THSC, §382.085(b), by failing to monitor six pressure relief valves; 30 TAC §§113.130, 115.354(2)(C), and 116.115(c), 40 CFR §63.168(d)(1)(ii), and THSC, §382.085(b), by failing to monitor ten valves in Unit 1743 and three valves in Unit 1749; 30 TAC §§113.130, 115.356(1)(B), and 116.115(c), 40 CFR §63.181(b)(3)(i), and THSC, §382.085(b), by failing to include pressure relief valve numbers 000134 and 000135 on the master component list; 30 TAC §§113.130, 115.352(2), and 116.1156(c), 40 CFR §63.171(a), and THSC, §382.085(b), by failing to repair six leaking valves in Unit 1749; 30 TAC §§113.130, 115.354(1)(C), and 116.115(c), 40 CFR §63.168(h)(2)(i)(3), and THSC, §382.085(b), by failing to monitor 12 difficult to monitor valves in Unit 1743; 30 TAC §116.115(b)(2)(F)(ii), (v), and (c), §117.219(f)(8), and THSC, §382.085(b), by failing to maintain records for the calibration logs for monitoring the H2S fuel gas content; 30 TAC §§101.20(2), 115.354(2)(C), and 116.115(c), 40 CFR §60.482-7(c)(1), and §61.242-7(c)(1), and THSC, §382.085(b), by failing to monitor 60 valves in the third quarter and one valve in the first quarter in Unit 1544; 30 TAC §116.115(b)(2)(G) and THSC, §382.085(b), by failing to comply with carbon monoxide limits; 30 TAC §111.111(a)(4)(A) and §116.115(c), and THSC, §382.085(b), by failing to operate flare number 17 without visible emissions for 25 minutes; and 30 TAC §101.6(b)(5) and THSC, §382.085(b), by failing to identify on the report of non-reportable upsets the individually listed compounds involved in the upset; PENALTY: $134,850; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(5) COMPANY: Dionisio Sotelo dba D&D Paint and Body Shop; DOCKET NUMBER: 2002- 0910-AIR-E; IDENTIFIER: Air Account Number BL-0775-C; LOCATION: Rosharon, Brazoria County, Texas; TYPE OF FACILITY: auto paint and body shop; RULE VIOLATED: 30 TAC §116.110(a)(4) and THSC, §382.085(b) and §382.0518(a), by failing to obtain a permit or permit-by-rule authorization to construct and/or modify an existing facility; PENALTY: $600; ENFORCEMENT COORDINATOR: Catherine Sherman, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Desert Hills, L.P. dba Desert Hills Carwash & Convenience Store; DOCKET NUMBER: 2002-1195-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 0073172; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: carwash and convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.346(a) and §26.3467(a), by failing to ensure that the underground storage tank (UST) registration and self-certification form was fully and accurately completed and failing to make available to a common carrier a valid, current delivery certificate; PENALTY: $1,080; ENFORCEMENT COORDINATOR: Brad Brock, (512) 239-1165; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(7) COMPANY: City of Garrison; DOCKET NUMBER: 2002-1101-MLM-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 11304-001 and Public Water Supply Number 1740002; LOCATION: Garrison, Nacogdoches County, Texas; TYPE OF FACILITY: wastewater treatment and public water supply; RULE VIOLATED: 30 TAC §305.125(1) and (5) and §317.4(j)(9), and TPDES Permit Number 11304-001, by failing to ensure that all systems of collection, treatment, and disposal are properly operated and maintained, failing to submit a complete annual sludge report, failing to submit correct information in the monthly discharge monitoring reports, failing to notify a TCEQ regional office and the enforcement division within the required notification period, for effluent violations, and failing to discharge effluent in compliance with the permitted effluent limitations; 30 TAC §305.125(1) and §319.11(c), and TPDES Permit Number 11304-001, by failing to ensure that all measurements are accurately accomplished; 30 TAC §290.44(h)(1)(4) and §290.47(i), by failing to prohibit water connections to establishments where an actual or potential contamination or system hazard exists; and 30 TAC §290.38(25) and §290.41(c)(3)(O), by failing to provide an intruder-resistant fence; PENALTY: $18,635; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(8) COMPANY: Grady Crawford Construction Company, Inc.; DOCKET NUMBER: 2002- 1010-PST-E; IDENTIFIER: PST Facility Identification Number 41086; LOCATION: Longview, Gregg County, Texas; TYPE OF FACILITY: construction operation; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.346(a) and §26.3467(a), by failing to submit the UST registration and self-certification form and failing to make available to a common carrier a valid, current delivery certificate; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(9) COMPANY: Huntsman Petrochemical Corporation; DOCKET NUMBER: 2002-1431-AIR- E; IDENTIFIER: Air Account Number JE-0135-Q, Air Permit No. 16989/PSD-TX-794; and Regulated Entity Number 100217389; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §§101.20(3), 111.111(a)(4)(A), and 116.715(a) and (c)(7), Air Permit Number 16989/PSD-TX-794, and THSC, §382.085(b), by failing to maintain emission rates below the allowable limits; and 30 TAC §101.201(a)(2)(H) and (b)(8) and THSC, §382.085(b), by failing to include all required information when notifying the agency of a reportable emissions event; PENALTY: $1,944; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3500; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703- 1892, (409) 898-3838.

(10) COMPANY: Craig and Tina Robin dba Lakeview Hardware and Grocery; DOCKET NUMBER: 2003-0072-PST-E; IDENTIFIER: PST Facility Identification Number 0074677; LOCATION: Vidor, Orange County, Texas; TYPE OF FACILITY: hardware and grocery store with retail sales of gasoline; RULE VIOLATED: 30 TAC §§334.8(c)(4)(A)(vii), (5)(A)(i), and (B)(i), and the Code, §26.346(a) and §26.3467(a), by failing to renew a previously issued UST delivery certificate and failing to make available to a common carrier a valid, current delivery certificate; PENALTY: $1,440; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3500; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(11) COMPANY: La Lomita Transport Company, Inc.; DOCKET NUMBER: 2002-1361-PST- E; IDENTIFIER: Enforcement Identification Number 18591; LOCATION: Roma, Starr 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 UST system regulated under this chapter unless he observes that the owner or operator has a valid, current delivery certificate; PENALTY: $720; ENFORCEMENT COORDINATOR: Sandra Hernandez-Alanis, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(12) COMPANY: Nathaniel Energy Corporation; DOCKET NUMBER: 2002-0950-MSW-E; IDENTIFIER: Tire Storage Registration Number 44115; LOCATION: Hutchins, Dallas County, Texas; TYPE OF FACILITY: tire storage; RULE VIOLATED: 30 TAC §328.60(b)(1), by failing to submit adequate registration renewal documentation; 30 TAC §328.61(a), (b)(1), (c), (f), and (h), by failing to design the tire storage site so that the health, welfare and safety of operators, transporters, and others are maintained, failing to maintain a maximum amount of three whole tire piles, failing to provide a minimum separation of 40 feet between outdoor piles, failing to store used or scrap tires in a secured fenced area without approval, and failing to provide large-capacity fire extinguishers; 30 TAC §328.62(b), by failing to maintain daily logs; and 30 TAC §328.54(d), by failing to provide adequate identification on trailers storing used or scrap tires and tire pieces; PENALTY: $5,050; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588- 5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: Gary Alan Payne dba Payne's Auto Care; DOCKET NUMBER: 2002-1397- AIR-E; IDENTIFIER: Air Account Number DB-5359-K; LOCATION: Duncanville, Dallas County, Texas; TYPE OF FACILITY: vehicle safety/emission certification station; RULE VIOLATED: 30 TAC §114.50(d) and THSC, §382.085(b), by failing to properly conduct a vehicle emissions test; PENALTY: $563; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239-5867; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: Person-Panna Maria, L.L.C.; DOCKET NUMBER: 2002-1321-AIR-E; IDENTIFIER: Air Account Number KA-0022-L and Air Permit Number 17520; LOCATION: Panna Maria, Karnes County, Texas; TYPE OF FACILITY: natural gas processing and transmission; RULE VIOLATED: 30 TAC §101.6 (now 30 TAC §101.201) and THSC, §382.085(b), by failing to provide a complete final record after the end of a reportable upset; and 30 TAC §116.115(c), Air Permit Number 17520, and THSC, §382.085(b), by failing to comply with the 72-hour time limit for routing acid gas waste streams to a flare; PENALTY: $13,520; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(15) COMPANY: Pioneer Hi-Bred International, Inc.; DOCKET NUMBER: 2003-0031-AIR-E; IDENTIFIER: Air Account Number HN-0160-N; LOCATION: Weslaco, Hidalgo County, Texas; TYPE OF FACILITY: seed production; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain a permit or satisfy the conditions of a permit-by-rule; PENALTY: $3,150; ENFORCEMENT COORDINATOR: Sandra Hernandez-Alanis, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(16) COMPANY: Anton Kapplemann dba Sanco Septic Tank Company; DOCKET NUMBER: 2002-1199-MWD-E; IDENTIFIER: Transporter Registration Number 20375; LOCATION: Marion, Guadalupe County, Texas; TYPE OF FACILITY: municipal sludge transporter; RULE VIOLATED: 30 TAC §312.143, by failing to dispose of septage waste at a facility authorized to receive the waste; 30 TAC §312.145(a), by failing to maintain records of trip tickets for transported waste; 30 TAC §312.150, by failing to submit correct information on the annual summary report; 30 TAC §312.142(c), by failing to maintain a copy of the registration authorization in the vehicle; and 30 TAC §312.144(a), by failing to mark and identify the vehicle used for collection of septage; PENALTY: $5,250; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) 239-4489; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(17) COMPANY: James Moser dba Stop N' Save; DOCKET NUMBER: 2002-0671-PST-E; IDENTIFIER: PST Facility Identification Number 0039357; LOCATION: Irving, Dallas County, Texas; TYPE OF FACILITY: retail station; RULE VIOLATED: 30 TAC §115.242(3) and (9), and THSC, §382.085(b), by failing to provide and maintain a Stage II vapor recovery system (VRS) in proper operating condition and failing to post operating instructions conspicuously on the front of each dispenser; 30 TAC §115.246(1), (3), and (4), and THSC, §382.085(b), by failing to maintain a copy of the California Air Resource Board executive orders for the Stage II VRS and failing to maintain proof of attendance and completion of training and documentation of all such training for each employee; 30 TAC §115.244(1) - (3), and THSC, §382.085(b), by failing to conduct required daily inspections for the Stage II VRS and to conduct a monthly inspection of the components; 30 TAC §115.245(1) and THSC, §382.085(b), by failing to successfully complete all applicable tests required in the TCEQ Handbook, and the Stage II VRS Procedure Handbook; 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.346(a) and §26.3467(a), by failing to complete a UST and self-certification form and failing to make available a valid, current delivery certificate; 30 TAC §37.815(a) and (b) (formerly 30 TAC §334.93(a) and (b)), by failing to demonstrate financial responsibility; and 30 TAC §334.50(b)(1)(A) and (2)(A)(i)(III), by failing to ensure that all tanks are monitored for releases; PENALTY: $16,000; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(18) COMPANY: Sundance Car Wash LLP dba Sundance Car Wash; DOCKET NUMBER: 2002-1366-PST-E; IDENTIFIER: PST Facility Identification Number 4003; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: car wash with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B), (C), and (5)(A)(i) and (iii), and the Code, §26.346(a), by failing to submit a new self-certification form, failing to make available a valid, current delivery certificate, and failing to ensure that a valid, current delivery certificate is posted at the facility; and 30 TAC §334.21(b) and §334.22(a), by failing to pay UST fees; PENALTY: $2,100; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(19) COMPANY: Tapia Dairy #3, L.L.C.; DOCKET NUMBER: 2002-1224-AGR-E; IDENTIFIER: Water Quality Permit Number 0004012-000; LOCATION: near Miles, Tom Green County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §305.125(1) and (5), and §321.40(8), (9), and (11), and Water Quality Permit Number 004012-000, by failing to properly manage waste, failing to properly bury or remove the dead cattle within two days of death, and failing to perform quarterly monitoring; 30 TAC §§305.125(7), 321.33(p), and 321.40(1) and (2), by failing to obtain a permit amendment prior to any increase in the number of animals authorized for confinement or any modification to the facility; and 30 TAC §321.39(f)(24)(K), by failing to maintain earthen pens; PENALTY: $7,700; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(20) COMPANY: Thornhill Texaco Service Station, Inc.; DOCKET NUMBER: 2002-1141- PST-E; IDENTIFIER: PST Facility Identification Number 0014516; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: automotive service station with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), (2)(A), and (d)(4)(A)(i), and the Code, §26.3475(a) and (c)(1), by failing to perform inventory control and reconciliation and the annual tightness test; and 30 TAC §334.48(c), by failing to conduct inventory control; PENALTY: $2,600; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(21) COMPANY: Uncle Ben's, Inc.; DOCKET NUMBER: 2002-1085-AIR-E; IDENTIFIER: Air Account Number HG-0757-V; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: rice processing plant; RULE VIOLATED: 30 TAC §101.360(a) and THSC, §382.085(b), by failing to submit form ECT-3 level of activity certification; PENALTY: $1,300; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(22) COMPANY: Williamson County and Williamson County Park Foundation, Incorporated; DOCKET NUMBER: 2002-0654-EAQ-E; IDENTIFIER: Edwards Aquifer Protection Program File Number 01112101; LOCATION: Round Rock, Williamson County, Texas; TYPE OF FACILITY: property; RULE VIOLATED: 30 TAC §213.4(a)(1), by allegedly commencing construction of a recreational trail on land located within the Edwards Aquifer recharge zone prior to receiving approval; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

TRD-200302684

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 29, 2003

Texas Department of Health

Correction of Error

The Texas Department of Health submitted final 25 TAC, §289.201. General Provisions for Radioactive Material, TRD #200302347, to the Texas Register for publication, and the rules were published in the April 25, 2003, issue of the Texas Register (28 TexReg 3498), to take effect on April 29, 2003.

On page 3501, concerning §289.201(b)(20), "(H T, 50)" should be "(HT,50 )".

On page 3501, concerning §289.201(b)(21), "(H E, 50)" should be "(HE,50 )", and "(H E, 50 = SigmawT,H T,50)" should be "(H E, 50 = σ w T, H T, 50)"

On page 3501, concerning §289.201(b)(24), the definition of "Curie (Ci) - A unit of measurement of radioactivity. One curie (Ci) is that quantity of radioactive material that decays at the rate of 3.7 x1010 disintegrations per second (dps). Commonly used submultiples of the curie are the millicurie (mCi) and the microcurie (µCi). One mCi = 1 x 10-3 Ci = 3.7 x 107 dps. One µCi = 1 x10-6 Ci = 3.7 x 104 dps. One nanocurie (nCi) = 1 x 10-9 Ci = 3.7 x 101 dps. One picocurie (pCi) = 1 x 10 -12 Ci = 3.7 x 10-2 dps." was published incorrect.

The correct definition for "Curie (Ci)" should read as "A unit of measurement of radioactivity. One curie (Ci) is that quantity of radioactive material that decays at the rate of 3.7 x 10 10 disintegrations per second (dps). Commonly used submultiples of the curie are the millicurie (mCi) and the microcurie (µCi). One mCi = 1 x 10 -3 Ci = 3.7 x 10 7 dps. One µCi = 1 x10 -6 Ci = 3.7 x 10 4 dps. One nanocurie (nCi) = 1 x 10 -9 Ci = 3.7 x 10 1 dps. One picocurie (pCi) = 1 x 10-12 Ci = 3.7 x 10 -2 dps."

On page 3502, concerning §289.201(b)(26), "(H d)," should be "(Hd ),", and "(mg/cm2))" should be "(mg/cm 2 ))".

On page 3502, concerning §289.201(b)(31), "(HT)" should be "(HT )".

On page 3502, concerning §289.201(b)(33), the definition of "Effective dose equivalent (H E) - The sum of the products of the dose equivalent to each organ or tissue (HT) and the weighting factor (wT) applicable to each of the body organs or tissues that are irradiated (HE = Sigmaw THT)" was published incorrect.

The correct definition should read as "Effective dose equivalent (HE ) - The sum of the products of the dose equivalent to each organ or tissue (HT) and the weighting factor (w T ) applicable to each of the body organs or tissues that are irradiated (H E = σ w T HT )."

On page 3502, concerning §289.201(b)(51), "(300 mg/cm 2)" should be "(300 mg/cm 2 )".

On page 3504, concerning §289.201(b)(91), the definition was published as "Roentgen (R)--The specia unit of exposure. One roentgen (R) equals 2.58 x 10-4C/kg of air. (See definition for exposure.)" and should read as "Roentgen (R)--The special unit of exposure. One roentgen (R) equals 2.58 x 10-4 C/kg of air. (See definition for exposure.)".

On page 3504, concerning §289.201(b)(96), "...quality factor (1 SV = 100 rem)" should be "...quality factor (1 S V = 100 rem)".

On page 3505, concerning §289.201(b)(111), "...exceed A1 for special form radioactive material or A2 for normal form radioactive material, where A1 and A2 are given..." should be "...exceed A 1 for special form radioactive material or A 2 for normal form radioactive material, where A 1 and A2 are given...".

On page 3505, concerning §289.201(b)(120), "(WL)" should be "(WL )", and the "...emission of 1.3 x 105 million electron volts..." should be the "...emission of 1.3 x 10 5 million electron volts...".

On page 3508, concerning §289.201(o)(1), "1 Ci = 3.7 x 1010 dps or tps = 3.7 x 1010 (Bq) = 2.22 x 10 12 disintegrations..." should be "1 Ci = 3.7 x 10 10 dps or tps = 3.7 x 10 10 (Bq) = 2.22 x 10 12 disintegrations...".

TRD-200302698

Notice of Emergency Cease and Desist Order to Charles R. Osborn, D.C.

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Charles R. Osborn, D.C. (registrant-R16160) of Waxahachie to cease and desist performing Lumbo-Sacral Spine (AP) and Cervical Spine (AP) x-ray procedures with the Mattern x-ray unit (Model Number NED300; Serial Number A498) until the exposures at skin entrance are within regulatory limits. The order will remain in effect until the bureau authorizes the registrant to perform the procedure.

A copy of all relevant material is available, by appointment, for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200302690

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 29, 2003

Notice of Intent to Revoke Certificates of Registration

Pursuant to 25 Texas Administrative Code, §289.205, the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: Silverbrook Pet Clinic, De Soto, R12357; Claude Williams, Jr., D.D.S., Marshall, R12539; Joyce M. Munoz, D.D.S., San Antonio, R19368; Desert Veterinary Medicine, Odessa, R23621; Lithotripsy Associates of Texas LP, Houston, R23894; Physician Reliance Network, Incorporated, Harlingen, R24344; US Healthworks-Northeast, Houston, R24419; James W. Branch, Jr., D.O., Palestine, R24439; OEC Medical Systems, Incorporated, Salt Lake City, Utah, R25085; Dewey A. Doga, III, D.D.S., P.A., League City, R25844; Agee V. Kunjumon, D.M.D., San Antonio, R25892; Bellaire Surgicare, Inc., Houston, Z00330; Midtown Laserderm Services, P.A., Houston, Z01533.

The complaints allege that these registrants have failed to pay required annual fees. The department intends to revoke the certificates of registration; order the registrants to cease and desist use of radiation machine(s); order the registrants to divest themselves of such equipment; and order the registrants to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Texas Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order.

This notice affords the opportunity to the registrants for a hearing to show cause why the certificates of registration should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the certificates of registration will be revoked at the end of the 30-day period of notice.

A copy of all relevant material is available, by appointment, for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200302701

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 30, 2003

Notice of Intent to Revoke the Radioactive Material License of Texas Natural Resource Conservation Commission

Pursuant to 25 Texas Administrative Code, §289.205, the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed a complaint against the following licensee: Texas Natural Resource Conservation Commission, Austin, G01977.

The complaint alleges that the licensee has failed to pay required annual fees. The department intends to revoke the radioactive material license; order the licensee to cease and desist use of such radioactive material; order the licensee to divest himself of the radioactive material; and order the licensee to present evidence satisfactory to the bureau that he has complied with the orders and the provisions of the Texas Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of the complaint, the department will not issue an order.

This notice affords the opportunity to the licensee for a hearing to show cause why the radioactive material license should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the radioactive material license will be revoked at the end of the 30-day period of notice.

A copy of all relevant material is available, by appointment, for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200302700

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 30, 2003

Notice of Request for Proposals Concerning the Abstinence Education Program of the Texas Department of Health

INTRODUCTION

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, established a grant program to enable the states to provide abstinence-only education. The Texas Department of Health (department) announces a Request for Proposals (RFP) concerning abstinence education programs. Funds will be allocated for community-based interventions serving priority clients and the activities that will have the most impact on those likely to bear children out of wedlock.

DESCRIPTION OF ACTIVITIES

The purpose of the department's Abstinence Education Program and this RFP is to provide funding and enable community organizations to provide services that promote abstinence from sexual activity. The RFP application package targets the development and implementation of community-based activities designed to lower out-of-wedlock teen pregnancy rates, lower rates of sexual activity among unmarried teens, lower the rate of sexually transmitted diseases (STDs), and promote greater parental involvement and community awareness of the risks of premarital sexual activity among teens. Priority clients are those most at risk for teen pregnancy and sexually transmitted disease and other risk behaviors such as alcohol/drug use, violence, delinquency and school dropout. Youth that are given early and repeated exposure to the abstinence message are more likely to demonstrate behavior change. Parents can also have a positive impact on their child's behavior and are considered priority clients. Geographic areas with high teen pregnancy/STD rates and areas considered to be unserved or underserved by abstinence education are also funding priorities.

ELIGIBLE APPLICANTS

Eligible applicants include public or private entities, nonprofit organizations, community-based organizations, and faith-based organizations.

AVAILABILITY OF FUNDS

The department's abstinence education program announces the expected availability of approximately $4,500,000 federal Title V Maternal and Child Health Grant funds to provide support for abstinence education activities in Texas.

BUDGET PERIOD

Contracts are expected to begin on or about October 1, 2003, and will be funded for a twelve-month period. Renewals of contracts will occur, subject to funding availability, for the next three years.

APPLICANT CONFERENCE (Optional)

The Abstinence Education Program will be sponsoring a pre-application conference on May 21, 2003, 1:00 p.m. to 5:00 p.m., in the Tower Building, Room T-607, Texas Department of Health, 1100 West 49th Street, Austin, Texas. This conference is designed to answer questions posed by potential applicants. Attendance at this conference is optional and non-attendance will not affect the evaluation of an application.

REVIEW AND AWARD CRITERIA

Grant applications that are complete and meet application screening requirements will be assigned to a review team. The review team will use a uniform scoring instrument to score and rank applicants. Qualifying applicants will be invited to enter into negotiations with the department based on the applicant's ability to meet program goals, use of funding, and the amount of the available funds.

APPLICATION DEADLINE

Applications must be received on or before 5:00 p.m., Central Daylight Saving Time on June 30, 2003, or postmarked by June 23, 2003. Applications received by the Texas Department of Health, Associateship for Family Health, Contract Management Section (M-370), 1100 West 49th Street, Austin, Texas 78756-3199 after these deadlines will not be considered.

FOR INFORMATION

A copy of the RFP can be obtained by accessing the Texas Department of Health, Contract Management Section web site: http://www.tdh.state.tx.us/afh-contracts; or E-mail: contractmgt@tdh.state.tx.us. Copies of the RFP will be available on May 9, 2003.

TRD-200302689

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 29, 2003

Texas Department of Housing and Community Affairs

Request for Qualifications

Request for qualifications for co-managers for single family mortgage revenue bond issues and/or refundings

SUMMARY

The Texas Department of Housing and Community Affairs ("TDHCA") is issuing a request for qualifications ("RFQ") for investment banking firms interested in providing investment banking services from time to time as Co-Manager for one or more of its proposed single family mortgage revenue bond new issues and/or refundings. TDHCA desires to revise its list of approved underwriters from which to select its underwriting team for specific municipal bond issues as financing opportunities arise. TDHCA reserves the right to select a team for any particular financing project, from the approved list of Senior Managers/Placement Agents, Co-Senior Managers, Co-Managers or Selling Group Members, with any combination or number of participants.

Responses to the RFQ must be received at TDHCA no later than 4:00 P.M. C.S.T. on Friday, June 6, 2003. To obtain a copy of the RFQ, please fax your request to the attention of Byron V. Johnson at (512) 475-3362 or visit the Bond Finance Division web page at www.tdhca.state.tx.us.

TRD-200302697

Edwina Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: April 30, 2003

Houston-Galveston Area Council

Public Meeting Notice

Draft 2004-2006 Transportation Improvement Program (TIP)

Houston-Galveston Area Council

3555 Timmons Lane

Houston, Texas 77027

Tuesday, May 20, 2003

5:30 p.m. - 6:30 p.m.

2nd Floor, Conference Room A

On Tuesday, May 20, 2003, at 5:30 p.m., the Houston-Galveston Area Council (H-GAC) will host a public meeting on the Draft 2004-2006 Transportation Improvement Program (TIP). The public is encouraged to attend this important meeting and provide comments to H-GAC.

The public comment period on the Draft 2004-2006 TIP begins Thursday, May 1, 2003 . All comments must be received by H-GAC no later than 5 p.m., Monday, June 9, 2003 . To obtain more detailed information and a copy of the Draft 2004-2006 TIP, please visit H-GAC's Web site at www.h-gac.com/transportation or call Pat Waskowiak, Transportation Senior Planner, at (713) 993-2456. Written comments may be submitted to Pat Waskowiak, Houston-Galveston Area Council, P.O. Box 22777, Houston, Texas 77227, emailed to patricia.waskowiak@h-gac.com or faxed to (713) 993-4508.

In compliance with the Americans with Disabilities Act, H-GAC will provide for reasonable accommodations for persons with disabilities attending H-GAC functions. Requests should be received by H-GAC 24 hours prior to the function. Call Pat Waskowiak at (713) 993-2456 to make arrangements.

TRD-200302688

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: April 29, 2003

Request for Proposals

The Houston-Galveston Area Council (H-GAC) is currently requesting proposals to develop an Action plan to address Coordination and Implementation of the Public Transportation Program in Fort Bend County. A pre-proposal meeting was held on Thursday, April 24, 2003, at H-GAC. Proposals must be received by noon on Tuesday, May 27, 2003 . Twelve (12) typewritten, bound/stapled and signed copies of the proposal are required. Late proposals will NOT be accepted. The Request for Proposal packet can be downloaded from the H-GAC Transportation Department Web site at www.h-gac.com/HGAC/Home/RFP/default.htm. Proposals can be mailed to the attention of Alan Clark, Houston-Galveston Area Council, P.O. Box 22777, Houston, Texas 77227-2777, or delivered to 3555 Timmons Lane, Suite 120, Houston, Texas 77027. For more information, please contact Alan Clark, MPO Director, at (713) 627-3200.

TRD-200302696

Alan Clark

MPO Director

Houston-Galveston Area Council

Filed: April 30, 2003

Texas Department of Insurance

Company Licensing

Application for admission to the State of Texas by MIIX INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Lawrenceville, New Jersey.

Application to change the name of MILLERS MUTUAL INSURANCE ASSOCIATION to MILLERS FIRST INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Alton, Illinois.

Application to change the name of SEGUROS INTERAMERICANA S.A. GRUPO FINANCIERO PRIME INTERNACIONAL to AIG MEXICO SEGUROS INTERAMERICANA, S.A. DE C.V. a foreign fire and/or casualty company. The home office is in Colonia Del Valle, Mexico.

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-200302702

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 30, 2003

Notice of Public Hearing

The Commissioner of Insurance will hold a public hearing under Docket No. 2550 on May 22, 2003 at 9:30 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, in Austin, Texas, to consider a petition by the Texas Windstorm Insurance Association (TWIA) requesting approval of a reinsurance program to operate in concert with the catastrophe reserve trust fund established under Article 21.49, §8(i), Insurance Code. Article 21.49, §8(h)(17) provides that, with the approval of the Texas Department of Insurance, TWIA may establish a reinsurance program that operates in addition to or in concert with the catastrophe reserve trust fund.

The current reinsurance program, which was approved by the Commissioner in Commissioner's Order No. 02-0565 (June 4, 2002), expires on May 31, 2003. The new program is proposed to be effective on June 1, 2003.

The hearing is held pursuant to the Insurance Code, Article 21.49, §5A which provides that the Commissioner, after notice and hearing, may issue any orders considered necessary to carry out the purposes of Article 21.49 (Texas Windstorm Insurance Association Act), including, but not limited to, maximum rates, competitive rates, and policy forms. Any person may appear to testify for or against the approval of the proposed reinsurance program.

Copies of the TWIA petition and proposed reinsurance agreement are available for review in the Office of the Chief Clerk, Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. To request copies of the petition and the proposed reinsurance agreement, please contact Sylvia Gutierrez at (512) 463-6327 (refer to Reference No. P-0403-11).

TRD-200302699

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 30, 2003

Public Utility Commission of Texas

Notice of Application for Designation as an Eligible Telecommunications Carrier (ETC) Pursuant to 47 U.S.C. §214(e) and P.U.C. Substantive Rule §26.418

Notice is given to the public of an application filed with the Public Utility Commission of Texas on April 28, 2003, for designation as an eligible telecommunications carrier (ETC) pursuant to 47 U.S.C. §214(e) and P.U.C. Substantive Rule §26.418.

Docket Title and Number: Application of NPCR, Inc. d/b/a Nextel Partners for Designation as an Eligible Telecommunications Carrier (ETC) Pursuant to 47 U.S.C. §214(e) and P.U.C. Substantive Rule §26.418. Docket Number 27709.

The Application: Nextel Partners is requesting ETC designation in order to be eligible to receive federal universal service support under 47 U.S.C. §254 designation in the study areas of 23 rural incumbent local exchange carriers and for exchanges of two non-rural incumbent local exchange carriers as listed in Attachments A & B of the application. Nextel Partners provides commercial mobile radio services (CMRS) throughout its service area in Texas. The proposed effective date is June 9, 2003.

Persons who wish to comment on this application should notify the Public Utility Commission of Texas by May 29, 2003. 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 Public Utility Commission's Customer Protection Division at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll-free 1-800-735-2989. All correspondence should refer to Docket Number 27709.

TRD-200302695

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 29, 2003

Notice of ERCOT's Filing for Approval of Independent Directors

Notice is hereby given to the public of the filing with the Public Utility Commission of Texas (commission) of the Petition of the Electric Reliability Council of Texas (ERCOT) for Approval of Independent Directors on April 16, 2003.

Docket Style and Number: Petition of the Electric Reliability Council of Texas (ERCOT) for Approval of Independent Directors, Docket Number 27652.

The Application: ERCOT seeks approval of three new Independent Directors of the ERCOT Board. The Commission has jurisdiction over this matter pursuant to Public Utility Regulatory Act (PURA), Texas Utilities Code Annotated §39.151 (Vernon 1998 and Supplement 2003). Pursuant to ERCOT bylaws, ERCOT's Corporate Members have approved the selection of three new Independent Directors. ERCOT's Nominating Committee unanimously selected the following slate of Independent Directors: David Baggett, Mike Espinosa, and Mark Armentrout. The directors will be seated at the June 2003 Board meeting and will serve pending commission consideration for approval.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120. Interested persons should comment by May 16, 2003. Hearing and speech impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or 1-800-735-2989. All correspondence should refer to Docket Number 27652.

TRD-200302674

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 28, 2003

Public Notice of Amendment to Interconnection Agreement

On April 23, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas and CityNet Telecommunications, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27692. 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 three 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 27692. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by May 27, 2003, 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 action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326, or by phone 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 27692.

TRD-200302628

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 25, 2003

Public Notice of Intent to File LRIC 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, a notice of intent to file long run incremental cost (LRIC) studies pursuant to P.U.C. Substantive Rule 26.214. The Applicant will file the LRIC studies on or about May 5, 2003.

Docket Title and Number. United Telephone Company of Texas, Incorporated doing business as Sprint Application for Approval of LRIC Studies to introduce Special Access DS3, 44.736 Mbps High Capacity Service and Sealing Current Conditioning and Customer Specified Premises Receive Level as two new Special Access Voice Grade Optional Features and Functions pursuant to P.U.C. Substantive Rule 26.214, Docket Number 27700.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket No. 27700. 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 Public Utility Commission 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-200302670

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 28, 2003

Public Notice of Interconnection Agreement

On April 23, 2003, CenturyTel of San Marcos, Inc. and ICG Telecom Group, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27691. 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 three 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 27691. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by May 27, 2003, 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 action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326, or by phone 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 27691.

TRD-200302629

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 25, 2003

Public Notice of Interconnection Agreement

On April 23, 2003, CenturyTel of Lake Dallas, Inc. and ICG Telecom Group, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27690. 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 three 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 27690. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by May 27, 2003, 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 action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326, or by phone 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 27690.

TRD-200302630

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 25, 2003

Public Notice of Interconnection Agreement

On April 23, 2003, CenturyTel of Port Aransas, Inc. and ICG Telecom Group, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27689. 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 three 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 27689. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by May 27, 2003, 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 action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, PO Box 13326, Austin, Texas 78711-3326, or by phone 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 27689.

TRD-200302631

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 25, 2003

Public Notice of Interconnection Agreement

On April 24, 2003, United Telephone Company of Texas, Incorporated doing business as Sprint, Central Telephone Company of Texas doing business as Sprint, and DVC Enterprises doing business as DVC Telecom, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27696. 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 three 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 27696. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by May 27, 2003, 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 action, 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, or by phone 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 27696.

TRD-200302671

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 28, 2003

Public Notice of Workshop on Modifications to Electric Low-Income Discount Rules

The staff of the Public Utility Commission of Texas (commission) will hold a workshop regarding the commission's substantive rules on low-income discounts, specifically §25.454, relating to Rate Reduction Program, on Thursday, May 15, 2003, at 9:00 a.m. in Hearing Room Gee, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 27711, Modifications to Electric Low-income Discount Rules , has been established for this proceeding.

The Low-Income Telephone and Electric Utility Program (LITE-UP) has been in operation since January 2002. The staff has reviewed the existing electric rules and the state of current operations, and has determined that both process modifications and rule clarifications need to be made. The goals of these modifications are to ensure that eligible electric customers are enrolled in the program either through automatic enrollment or self-certification and that they receive the appropriate discounts, and to minimize the problem solving efforts and resources required by retail electric providers (REPs), the Low-Income Discount Administrator (LIDA) and commission staff.

Staff has developed a revised process for identifying and enrolling eligible customers in the program. If implemented, this process would eliminate the Electric Reliability Council of Texas (ERCOT) duties in the LITE-UP matching process. Each REP who provides service to residential customers would provide a list of customers to LIDA on a monthly basis, and LIDA would match the customer names and addresses from the REP customer lists to the client list provided by the Texas Department of Human Services and to the list of self-certified customers. LIDA would then post the list of matched customers for the REPs on a monthly basis.

The purpose of this workshop is to discuss the logistics of the planned modifications. Interested parties should come to the workshop prepared to discuss the details of how this process could be implemented. Interested parties will also have an opportunity to suggest other alternatives, if they believe that there are alternatives that will better achieve the accurate identification of eligible customers.

Questions concerning the workshop or this notice should be referred to Lauren Clark, Retail Market Analyst, Retail Market Oversight Section, Electric Division, 512-936-7401. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200302694

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 29, 2003

Revised Notice of Application for Certificate of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application filed on December 31, 2002, as amended on March 24, 2003, to amend certificated service area boundaries within Medina County.

Docket Style and Number: Application of the City of Castroville to Amend Certificated Service Area Boundaries within Medina County. Docket Number 27181.

The Application: The city of Castroville filed an application to amend certificated service area boundaries within Medina County. The city of Castroville is requesting that the Public Utility Commission's official service area boundary maps reflect single certification to the city of Castroville in certain portions of Medina County in which the city of Castroville currently provides electric service. According to the city of Castroville, the areas are singly certificated to City Public Service of San Antonio (CPS). The city of Castroville also requests the amendment of the commission's certification maps to reflect the city of Castroville's and CPS's agreed change as to the dimensions of a prior boundary amendment proceeding (Docket Number 9574).

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas no later than June 13, 2003, by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 27181.

TRD-200302673

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 28, 2003

Texas Department of Transportation

Notice of Contract Extension

In accordance with Government Code, Chapter 2254, Subchapter B, the Texas Department of Transportation publishes this notice of a consultant contract extension for providing vehicle titles and registration outsourcing review services. The Notice of Award was published in the Texas Register on February 7, 2003 (28 TexReg 1283).

The extension will allow the department additional time to thoroughly evaluate the preliminary report and analyses in order to determine whether the contract should be modified to include other improvements to the department's procedures.

The selected consultant for these services is American Management Systems, 50 West Broad Street, Suite 2300, Columbus, Ohio 43215. The total value of the contract is $225,000 and the contract work period started on January 28, 2003. The original contract ending date was May 31, 2003. The contract will be extended until August 31, 2003. The original report will still be submitted on or before May 30, 2003.

TRD-200302682

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: April 28, 2003