TITLE in-addition

Texas Commission for the Blind

Request for Proposal Professional Financial Consulting Services

The Texas Commission for the Blind, hereinafter referred to as TCB, is inviting proposals to secure the services of a consultant with a financial investment background. The consultant will analyze the current Business Enterprises of Texas (BET) trust fund's organizational, operational, and managerial structure; advise TCB and licensed managers in the BET program of the options available to them for management of the BET trust fund, and assist in the development of specifications for an invitation for bids to procure a fund administrator. The successful respondent to this request shall not be allowed to bid on the resulting IFB.

What follows is an abbreviated description of the services being solicited. If you are interested in responding to this request, the full request for proposal has been posted on the Texas Marketplace (http://esbd.tbpc.state.tx.us) under requisition number 3180002134. Copies may also be obtained from Vikki Meeker by sending an e-mail to Vikki.Meeker@tcb.state.tx.us

Note: TCB will be required to obtain approval from the Governor's Office (Finding of Fact) prior to the award of any contract resulting from this RFP.

Statutory Authority

This request for proposal is issued under the authority of Texas Human Resources Code, Title 5, Chapter 94, §94.016, which reads, in part:

(f) The Commission may contract with a professional management service to administer the Business Enterprises Program trust fund. In administering the trust fund, the professional management service may acquire, exchange, sell, or retain any kind of investment that a prudent investor, exercising reasonable care, skill, and caution, would acquire, exchange, sell, or retain under the circumstances, taking into consideration the investment of all the assets of the trust fund.

(g) With the approval of the comptroller, TCB may select a commercial bank, depository trust company, or other entity to serve as a custodian of the Business Enterprises Program trust fund's securities, and money realized from those securities, pending completion of an investment transaction. Money realized from those securities must be:

(1) reinvested not later than one business day after the date it is received; or

(2) deposited in the treasury not later than the fifth business day after the date it is received.

History and Background

Business Enterprises of Texas (BET) is a federally sponsored, state administrated employment program within TCB that provides and maintains employment opportunities on state, federal and private properties for blind Texans in the field of food and vending services. Under the provisions of the Randolph-Sheppard Act, vending machine income (as that term is defined by 34 C.F.R. Section 395.1(z)) that accrues to TCB, as the state licensing agency in Texas, is used, subject to a vote of blind licensees, to establish retirement or pension plans, for health insurance contributions, and for provision of paid sick leave and vacation time for blind licensees in Texas.

The 76th Legislature established a trust fund in the state treasury for individuals licensed by BET to operate vending facilities. Federal vending machine income is credited to this Business Enterprises Program trust fund. All expenditures authorized by the Randolph-Sheppard Act from federal vending revenue funds are paid from the Business Enterprises Program trust fund.

In accordance with Government Code §2254.026, TCB has determined that TCB cannot adequately perform the services with its own personnel or obtain the consulting services through a contract with another state governmental entity.

Scope of Work

TCB has three separate phases of work for which proposals are being solicited. These phases are: Phase 1 - Analysis of the current BET trust fund's organizational, operational, and managerial structure, and determination of options. Phase 2 - Presentation of retirement plan options to Licensed Managers and conduct vote by Licensed Managers. Phase 3 - Assist in the development of specifications needed for TCB to produce an invitation for bids to procure a fund administrator .

Questions/Clarifications

Potential respondents may submit questions by fax to Vikki M. Meeker at (512) 377-0647 or by e-mail to Vikki.Meeker@tcb.state.tx.us TCB will post this solicitation on the Texas Marketplace (http://esbd.tbpc.state.tx.us).

Selection under this RFP will be made on the basis of qualifications, demonstrated competence to perform the services, and a fair and reasonable fee proposal.

Closing date: June 24, 2003.

TRD-200303007

Terrell I. Murphy

Executive Director

Texas Commission for the Blind

Filed: May 14, 2003


Texas Building and Procurement Commission

Project No. 00-006-501, RFP No. 303-3-11574

The Texas Building and Procurement Commission (TBPC), will receive Sealed Proposals for construction of Project No. 00-006-501, RFP No. 303-3-11574, New Hospital Building & Remodeling Building 501 at the Texas Center for Infectious Disease, 2303 SE Military Drive, San Antonio, until Time 3:00 PM, Tuesday, June 3, 2003. Only names of the respondents who submitted proposals will be made public. Prices will not be divulged until after contract award. Proposals will be received in Room 180, Bid Services at 1711 San Jacinto Blvd., if hand-delivered. If mailed or shipped, address to TBPC, Central Services Building, Room 180, P.O. Box 13047, Austin, Texas 78711-3047.

Contact the TBPC web site at The Electronic State Business Daily at: http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=47156 or Deborah Norwood at TBPC at 512/ 936-0647 concerning Contractor Qualification requirements, Mandatory Pre-Bid conference (May 13, 2003 at 11:00 AM, TCID, 2303 SE Military Drive, San Antonio, Building 523 ) and obtaining bid documents ($250.00 refundable deposit required).

Good Faith Effort for use of HUB: Texas Building and Procurement Commission has determined that work performed under this contract includes subcontracting opportunities. Therefore, a HUB Subcontracting Plan will be required. A HUB Subcontracting Plan must be completed and submitted as part of the Contractor's proposal, or the proposal will be rejected as non-responsive.

PROPOSALS ARE TO BE MADE IN ACCORDANCE WITH STATE PROCEDURES.

TO BE RUN IN: Austin American Statesman, San Antonio Express News, and the Texas Register

ONE (1) TIME: Sunday, May 11, 2003

CC: Mijares Mora Architects, El Paso - 915/ 542-1591

TRD-200302962

Cindy deRoch

General Counsel

Texas Building and Procurement Commission

Filed: May 12, 2003


Project No. 01-022-0405

Project Name: Site Drainage and Building Improvements at DPS Garland Garland, Texas For the Texas Department of Public Safety

Sealed Bids for this project will be received until 3:00 P.M., June 12, 2003, at the Bid Room, Room No. 180, 1711 San Jacinto, Austin, TX 78701. See the IFB for other delivery choices.

Plans and specifications may be obtained from the A/E, Freese & Nichols, 1701 North Market Street, Suite 500, LB 51, Dallas, Texas 75202, Phone (214) 920-2500, FAX (214) 920-2565, for a deposit of $40, refundable upon return of a complete, unmarked set(s).

A Pre-Bid Conference will be held at Report Conference Room, DPS Regional Headquarters, 350 IH 30, Garland, Texas 75043, at 10:30 a.m. Thursday, May 29, 2003. Attendance at the pre-bid conference by the bidders is strongly advised. Only bids submitted on the official CONTRACTOR'S BID FORM found in the Project Manual will be accepted.

The IFB may be obtained by contacting TBPC Internal Procurement, Attn: Deborah Norwood (Fax: 512-463-3360), deborah.norwood@tbpc.state.tx.us or through the Electronic State Business Daily at:

http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=47299

No oral explanation in regard to the meaning of the Drawings and Specifications will be made and no oral instructions will be given before the award of the Contract. Discrepancies, omissions or doubts as to the meaning of Drawings and Specifications and all communications concerning the project shall be communicated in writing to the Deborah Norwood via fax at (512) 463-3360 or via email at deborah.norwood@tbpc.state.tx.us for interpretation. Bidders should act promptly and allow sufficient time for a reply to reach them before the submission of their Bids. Any interpretation made will be in the form of an addendum to the Specifications, which will be forwarded to all known Bidders and its receipt by the Bidder shall be acknowledged on the Contractor's Bid Form or on the face of the Addendum and returned with the bid.

TRD-200302983

Cindy deRoch

General Counsel

Texas Building and Procurement Commission

Filed: May 13, 2003


Project No. 03-016-0405

Project Name: ADA/TAS improvements at DPS Cleburne Cleburne, Texas For the Texas Department of Public Safety

Sealed Bids for this project will be received until 3:00 P.M., June 12, 2003, at the Bid Room, Room No. 180, 1711 San Jacinto, Austin, TX 78701. See the IFB for other delivery choices.

Plans and specifications may be obtained from the A/E, Bucher Willis & Ratliff, 7920 Ward Parkway, Kansas City, Missouri 64114, Phone (816) 363-2696, FAX (816) 363-0027, or to contact Sergeant Johnny Bekkelund at DPS Cleburne, 600 West Kilpatrick, Cleburne, Texas 76031, Phone (817) 641-2205, Extension 102, for a deposit of $40, refundable upon return of a complete, unmarked set(s).

A Pre-Bid Conference will be held at conference room of DPS Cleburne, 600 West Kilpatrick, Cleburne, Texas 76031, at 3:00 p.m. Thursday, May 29, 2003. Attendance at the pre-bid conference by the bidders is strongly advised. Only bids submitted on the official CONTRACTOR'S BID FORM found in the Project Manual will be accepted.

The IFB may be obtained by contacting TBPC Internal Procurement, Attn: Deborah Norwood (Fax: 512-463-3360), deborah.norwood@tbpc.state.tx.us or through the Electronic State Business Daily at:

http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=47298

No oral explanation in regard to the meaning of the Drawings and Specifications will be made and no oral instructions will be given before the award of the Contract. Discrepancies, omissions or doubts as to the meaning of Drawings and Specifications and all communications concerning the project shall be communicated in writing to the Deborah Norwood via fax at (512) 463-3360 or via email at deborah.norwood@tbpc.state.tx.us for interpretation. Bidders should act promptly and allow sufficient time for a reply to reach them before the submission of their Bids. Any interpretation made will be in the form of an addendum to the Specifications, which will be forwarded to all known Bidders and its receipt by the Bidder shall be acknowledged on the Contractor's Bid Form or on the face of the Addendum and returned with the bid.

TRD-200302982

Cindy deRoch

General Counsel

Texas Building and Procurement Commission

Filed: May 13, 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 project(s) during the period of May 2, 2003, through May 8, 2003. The public comment period for these projects will close at 5:00 p.m. on June 13, 2003.

FEDERAL AGENCY ACTIONS:

Applicant: City of Clear Lake Shores; Location: The project is located at the intersection of North Shore Drive and Queen Road in the City of Clear Lake Shores, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: League City, Texas. Approximate UTM Coordinates: Zone 15; Easting: 303188; Northing: 3270558. Project Description: The applicant proposes to install 40 linear feet of timber bulkhead to tie-in to the existing timber bulkhead on the adjacent properties to the east and west of the project site. In addition, the applicant proposes to place 165 cubic yards of fill (0.03 acre) below the plane of mean high tide in Clear Lake. The fill would be placed within an old boat ramp. The applicant would then reclaim the space to be used as park. CCC Project No.: 03-0138-F1; Type of Application: U.S.A.C.E. permit application #22985 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).

Applicant: Gabriel Vanounou; Location: The project is located at 1506 West Highway 100, Port Isabel, Texas 78578. The project can be located on the U.S.G.S. quadrangle map entitled: Port Isabel, Texas. Approximate UTM Coordinates: Zone 14; Easting: 677652; Northing: 2884808. Project Description: The applicant proposes to construct an approximately 1,280-linear-foot fiberglass with concrete cap bulkhead and construct 10 boat slips. Approximately 5,200 cubic yards of fill will be needed behind the bulkhead. The proposed elevation of the bulkhead is 4.5 feet. Buried riprap will be placed at the toe of the bulkhead prior to fill to protect the integrity of the bulkhead. No dredging is proposed. Approximately 0.43 acre of wetlands, and 0.41 acre of shallow water habitat are proposed to receive fill. The applicant has stated that the project purpose is to protect the property from erosion and to enable further development of the property. The total area proposed to receive fill is approximately 0.84 acre. CCC Project No.: 03-0143-F1; Type of Application: U.S.A.C.E. permit application #22970 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: Neumin Production Company; Location: The project is located in State Tract 89, San Antonio Bay, approximately 3.4 miles south of Channel Marker Number 27. The project can be located on the U.S.G.S. quadrangle map entitled: Mesquite Bay, Texas. Approximate UTM Coordinates: Zone 14; Easting: 720771; Northing: 3121069. Project Description: The applicant proposes to erect and maintain structures and appurtenances in connection with the drilling of a single well for petroleum resources. The structures may be constructed of steel or timber and will include: typical marine barges, derrick platforms, gravel or shell pads, foundations, protective structures, and aids to navigation. Fill may be necessary at the site for drilling barge stabilization. Pad size and height would be dependent on bottom conditions. If fill is required, approximately 4,500 cubic yards of shell, crushed rock, or washed gravel, will be used to construct an approximately 27,000-square-foot drilling pad. No dredging is required for the proposed activity. The applicant also proposes to install 100 feet of pipeline from the proposed well number 2 in State Tract 89 to the existing well number 1 in State Tract 89. The pipeline will be jetted, disked, or plowed a minimum distance of 3 feet below the bay bottom, and the trench is expected to fill naturally. Approximately 22.2 cubic yards of sand, silt, and clay will be displaced during the pipeline installation. Up to 5 feet of bottom (1,000 square feet) on either side of the trench would be temporarily affected. No seagrass, oysters, or shell reefs are found within 500 feet of the proposed drill site or within 500 feet either side of the proposed pipeline. CCC Project No.: 03-0144-F1; Type of Application: U.S.A.C.E. permit application #23027 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 Railroad Commission as part of its certification under §401 of the Clean Water Act.

Applicant: Yuma E&P; Location: The project is located in Trinity Bay, approximately 8.7 miles southeast of Baytown, Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Umbrella Point, Texas. Approximate UTM Coordinates: Zone 15; Easting: 321078; Northing: 3282148. Project Description: The applicant proposes to install, operate, and maintain structures and equipment necessary for oil and gas drilling, and production in ST 96 No. 2 Well. Such activities include installation of typical marine barges and keyways, shell and gravel pads, production structures with attendant facilities, and walkway and flowline from the well to the production platform. The proposed shell pad will consist of an area 210 feet long by 64 feet wide by 3 feet wide by 3 feet deep, for a total of 40,320 cubic yards of fill. The drilling barge is 200 feet long by 50 feet wide. If the well is determined to be productive, the applicant will remove the drilling barge and install a typical 10-foot by 20-foot well protector platform. This platform will help facilitate the production of the well. The walkway will be 100 feet long and 4 feet wide. The walkway will hold the proposed 4-inch flowline. The proposed structures will cover a total of 0.414 acre of Trinity Bay. CCC Project No.: 03-0146-F1; Type of Application: U.S.A.C.E. permit application #23040 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 Railroad Commission as part of its certification under §401 of the Clean Water Act.

Applicant: Keith Fiegel; Location: The project is located along the Colorado River, in Matagorda, Matagorda County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Matagorda, Texas. Approximate UTM Coordinates: Zone 15; Easting: 209681; Northing: 3176686. Project Description: The applicant proposes to construct a pier and boatlift, and to place 217 cubic yards of broken concrete for shoreline erosion protection. The pier will have a walkway that will be 80 square feet and a t-head that will be 300 square feet. The boatlift will be 336 square feet. Both the pier and the boatlift will be elevated 2 feet above mean high water. CCC Project No.: 03-0148-F1; Type of Application: U.S.A.C.E. permit application #23024 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).

FEDERAL AGENCY ACTIVITIES:

Applicant: U.S. Army Corps of Engineers, Galveston District; Location: The purposed of this study is to develop and evaluate alternatives for navigation problems that directly affect the GIWW between High Island and the Brazos River. Project Description: This Draft Feasibility Report and Environmental Assessment (EA) for the Gulf Intracoastal Waterway (GIWW) Section 216 Study, High Island to Brazos River, Chambers, Galveston and Brazoria counties, Texas. The Draft EA documents baseline conditions at the project sites and the anticipated impacts from the proposed GIWW modifications. The purpose of this study is to allow for a more effective, safe, and efficient waterway. The study focuses on eliminating the major problems contributing to inefficiencies on the waterway, such as one-way traffic, high shoaling rates due to extreme wind and current effects, and the high number of groundings, which contribute to safety concerns. This study was undertaken to evaluate operational needs and address environmental considerations along the waterway and is being conducted under the authority of Section 216 of the 1970 Flood Control Act. The High Island to Brazos River Section 216 Reconnaissance Report was completed in February 1995. This was the first phase of a two-phase planning investigation that addressed the existing, federally maintained, 423-mile Texas section of the GIWW between High Island and the Brazos River. The Reconnaissance study identified seven areas having a Federal interest in navigation improvement between High Island and the Brazos River. The Project Study Plan (PSP) was completed in August 1995, and it identified four additional project areas with Federal interest. CCC Project No.: 03-0140-F2; Type of Application: This public notice is issued in accordance with the provisions of Federal regulations, Title 33 CFR 337.l and Title 40 CFR 230, concerning the policy, practice and procedures to be followed by the U.S. Army Corps of Engineers in conjunction with the disposition of dredged or fill material in navigable waters.

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-200303008

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: May 14, 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 and 303.009, Tex. Fin. Code.

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 05/19/03 -- 05/25/03 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the period of 05/19/03 -- 05/25/03 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.

TRD-200302984

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: May 13, 2003


Office of Court Administration

Invitation for Offers

The purpose of this Invitation for Offers is to solicit offers to study the public defender's offices in Wichita and Dallas counties, identify the best practices in those offices, and make recommendations for the improvement of those public defender's systems. In addition, the consultant will prepare an analysis of the process, methodology, and potential costs of establishing public defender's offices in other counties or regions in Texas.

The contract will begin upon the issuance of a Purchase Order and terminate upon acceptance of deliverables but, shall in no event extend beyond August 31, 2003.

The deadline for submitting a response for this procurement is at 3:00 p.m. June 25, 2003. Responses submitted shall be valid for 30 days.

To receive a copy of the Request for Offers, contact:

James Bethke

Task Force on Indigent Defense

205 West 14th Street, Suite 700

Austin, Texas 78701

Phone: (512) 936-6994

FAX: (512) 475-3450

E-Mail: jim.bethke@courts.state.tx.us

Prospective offerors should submit questions by e-mail to Jim Bethke. All questions and answers will be posted on Task Force's web page at www.courts.state.tx.us/tfid. Potential bidders are responsible for checking the posting to review the questions and answers.

TRD-200302846

James D. Bethke

Director, Task Force in Indigent Defense

Office of Court Administration

Filed: May 7, 2003


Texas Education Agency

Request for Applications Concerning Even Start Family Literacy Program

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) # 701-03-016 from: (1) a local educational agency (LEA) applying in partnership with a non-profit community-based organization (CBO), public agency, institution of higher education, or other public or private non-profit organization; (2) a CBO of demonstrated quality applying in partnership with an LEA in Texas; or (3) an education service center applying as fiscal agent of a shared services arrangement of school districts in partnership with a non-profit CBO, a public agency, an institution of higher education, or other public or private non-profit organizations.

The Even Start Family Literacy Program provides intensive family literacy services in adult education, early childhood and parenting education, parent and child together (PACT) time, and home- based visits by a parent educator. The Even Start Family Literacy Program provides intensive family literacy services that involve parents and children, from birth through age 7, in a cooperative effort to help parents become full partners in the education of their children and to assist children in reaching their full potential as learners.

The major goal of the program is to provide family centered high quality intensive instructional programs that promote adult literacy and empower parents to support the educational growth of their children, developmentally appropriate early childhood educational services, and preparation of children for success in regular school programs. The program also provides support and related services, including childcare for parents involved in activities and transportation to and from activities. Eligible providers should maximize the existing community resources by forming collaborative partnerships to avoid duplication of services and excessive administrative costs. Each project must provide for an independent outside evaluator.

Dates of Project. The Even Start Family Literacy program will be implemented during the 2003-2004 school year. Applicants should plan for a starting date of no earlier than September 1, 2003, and an ending date of no later than August 31, 2004.

Project Amount. Funding will be provided for approximately 15 new projects. Each project will receive a maximum of $200,000 for fiscal year 2003-2004. Project funding in the second, third, and fourth years will be based on satisfactory progress of the preceding year’s objectives and activities and on general budget approval by the State Board of Education, the commissioner of education, and the U.S. Congress. Applicants are required to contribute a 10% cost share during the first year, with the local share increasing by 10% each subsequent year until it reaches 40%. A grantee that has completed four years of funding can apply and compete for a new four-year funding cycle. If the applicant is successful, the cost share requirement increases to 50% each year of the second cycle. A grantee that has completed eight or more years can now apply and compete for a third or fourth cycle with a federal share amount of $100,000 and cost share requirement that increases to 65% each year of the third or fourth cycle.

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

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

Requesting the Application. A complete copy of RFA #701-03-016 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e- mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://www.tea.state.tx.us/grant/announcements/grants2.cgi for viewing and downloading.

Further Information. For clarifying information about the RFA, contact Effie Franklin, Division of Adult and Continuing Education, TEA, (512) 463-9294.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the TEA by 5:00 P.M. (Central Time), Wednesday, August 6, 2003, to be considered for funding.

TRD-200303000

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Filed: May 14, 2003


Texas Commission on Environmental Quality

Enforcement Orders

An agreed order was entered regarding Prestige Metals Plating, Inc., Docket No. 2001-0288- IHW-E on May 2, 2003 assessing $38,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rebecca Nash, Staff Attorney at (512) 239-3693, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Alauddin Investments, Inc. dba Kwik Trip Food Store, Docket No. 2001-0130-PST-E on May 2, 2003 assessing $17,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Robert Hernandez, Jr., Staff Attorney at (210) 403-4016, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Carolyn Krone, Docket No. 2001-0842-IHW-E on May 2, 2003 assessing $12,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Alfred Okpohworho, Staff Attorney at (713) 422-8919, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Young Brothers, Inc., Contractors, Docket No. 2001- 0096-AIR-E on May 2, 2003 assessing $4,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Darren Ream, Staff Attorney at (817) 588-5878, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Chaudray, Inc. dba Hoff's Food Store, Docket No. 2001- 0820-PST-E on May 2, 2003 assessing $8,000 in administrative penalties with $3,175 deferred.

Information concerning any aspect of this order may be obtained by contacting Shannon Strong, Staff Attorney at (512) 239-6201, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding NJB & Sons, Inc., Docket No. 2000-1182-MWD-E on May 2, 2003 assessing $625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lisa Lemanczyk, Staff Attorney at (512) 239-5915, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Seung Jae Lee and John Cha dba Young's Mart 2, Docket No. 2001-1166-PST-E on May 2, 2003 assessing $38,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Gitanjali Yadav, Staff Attorney at (512) 239-2029, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mission Resources Corporation, Docket No. 2002-1220- AIR-E on May 2, 2003 assessing $1,625 in administrative penalties with $325 deferred.

Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (713) 767-3607, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Ahmad Issa dba Kwik Mart, Docket No. 2002-0823- PST-E on May 2, 2003 assessing $1,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, P.E., Enforcement Coordinator at (817) 588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Randy Koonsman dba Koonsman Backhoe, Docket No. 2002-0665-OSI-E on May 2, 2003 assessing $875 in administrative penalties with $175 deferred.

Information concerning any aspect of this order may be obtained by contacting Laurie Eaves, Enforcement Coordinator at (512) 239-4495, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Jim Wells County, Docket No. 2002-0986-MLM-E on May 2, 2003 assessing $4,125 in administrative penalties with $200 deferred.

Information concerning any aspect of this order may be obtained by contacting Audra Baumgartner, Enforcement Coordinator at (361) 825-3131, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Harris Methodist Southwest dba Harris Methodist Southwest Hospital, Docket No. 2002-1212-PST-E on May 2, 2003 assessing $2,250 in administrative penalties with $450 deferred.

Information concerning any aspect of this order may be obtained by contacting Judy Fox, Enforcement Coordinator at (817) 588-5825, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Gerald B. Dipple, Jr. dba Remington Tanner Dairy, Docket No. 2002-0921-AGR-E on May 2, 2003 assessing $2,850 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sherry Smith, Enforcement Coordinator at (512) 239-0572, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Lindell, Incorporated dba Pic Quick, Docket No. 2002- 0721-PST-E on May 2, 2003 assessing $3,575 in administrative penalties with $715 deferred.

Information concerning any aspect of this order may be obtained by contacting Lawrence King, Enforcement Coordinator at (512) 339-2929, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Petroleum Wholesale, Inc., Docket No. 2002-0758-PST- E on May 2, 2003 assessing $11,400 in administrative penalties with $2,280 deferred.

Information concerning any aspect of this order may be obtained by contacting Catherine Sherman, Enforcement Coordinator at (713) 767-3624, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Earthgrains Baking Companies, Inc. a wholly owned subsidiary of Sara Lee Bakery Group, Inc., Docket No. 2003-0020-AIR-E on May 2, 2003 assessing $1,925 in administrative penalties with $385 deferred.

Information concerning any aspect of this order may be obtained by contacting Sheila Smith, Enforcement Coordinator at (512) 239-1670, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of West Tawakoni, Docket No. 2001-0988-MWD-E on May 2, 2003 assessing $22,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding W. Silver, Inc., Docket No. 2002-1080-AIR-E on May 2, 2003 assessing $3,100 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Gloria Stanford, Enforcement Coordinator at (512) 239-1871, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Vegas World Oil Services, Inc., Docket No. 2002-0934- MSW-E on May 2, 2003 assessing $250 in administrative penalties with $50 deferred.

Information concerning any aspect of this order may be obtained by contacting Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Antonio C. Huerta Dba Tony's Septic Cleaning, Docket No. 2002-1227-SLG-E on May 2, 2003 assessing $1,000 in administrative penalties with $200 deferred.

Information concerning any aspect of this order may be obtained by contacting Gary Shipp, Enforcement Coordinator at (806) 796-7092, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Texas SAI, Inc. dba Texas Star Grocery, Docket No. 2002-0959-PST-E on May 2, 2003 assessing $3,150 in administrative penalties with $630 deferred.

Information concerning any aspect of this order may be obtained by contacting Bradley Brock, Enforcement Coordinator at (512) 239-1165, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Royal Baths Manufacturing Company, LTD., Docket No. 2002-1258-AIR-E on May 2, 2003 assessing $1,925 in administrative penalties with $385 deferred.

Information concerning any aspect of this order may be obtained by contacting Kimberly McGuire, Enforcement Coordinator at (713) 422-8938, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Rhodia, Inc., Docket No. 2002-0750-AIR-E on May 2, 2003 assessing $88,200 in administrative penalties with $17,640 deferred.

Information concerning any aspect of this order may be obtained by contacting Carl Schnitz, Enforcement Coordinator at (512) 239-1892, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Payless Fuel Centers of Texas, LLC dba Payless Fuel Center, Docket No. 2002-0472-PST-E on May 2, 2003 assessing $2,000 in administrative penalties with $400 deferred.

Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, P.E., Enforcement Coordinator at (817) 588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HEC Petroleum, Inc., Docket No. 2002-1273-AIR-E on May 2, 2003 assessing $2,050 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Edward Moderow, Enforcement Coordinator at (361) 825-3288, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Republic Waste Services of Texas, Ltd., Docket No. 2002-1360-AIR-E on May 2, 2003 assessing $1,875 in administrative penalties with $375 deferred.

Information concerning any aspect of this order may be obtained by contacting Sandra Alaniz, Enforcement Coordinator at (956) 430-6044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Citgo Products Pipleline Company, Docket No. 2002- 1192-AIR-E on May 2, 2003 assessing $1,625 in administrative penalties with $325 deferred.

Information concerning any aspect of this order may be obtained by contacting Judy Fox, Enforcement Coordinator at (817) 588-5825, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mohammad Khan Khokhar dba Go 4 It Food & Fuel, Docket No. 2002-0731-PST-E on May 2, 2003 assessing $5,000 in administrative penalties with $4,400 deferred.

Information concerning any aspect of this order may be obtained by contacting Sandy Van Cleave, Enforcement Coordinator at (512) 239-0667, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Buffalo, Docket No. 2002-1322-MWD-E on May 2, 2003 assessing $4,950 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BurCo Concrete, Inc., Docket No. 2002-0184-AIR-E on May 2, 2003 assessing $300,000 in administrative penalties with $299,400 deferred.

Information concerning any aspect of this order may be obtained by contacting Catherine Sherman, Enforcement Coordinator at (713) 767-3624, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Flat Creek Cove Water Supply, Docket No. 2001-1358- PWS-E on May 2, 2003 assessing $1,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Shannon Strong, Staff Attorney at (512) 239-6201, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200302985

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 13, 2003


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

For the Period of May 7, 2003

APPLICATION Waste Management of Texas, Inc., has applied to the Texas Commission on Environmental Quality (TCEQ) for a permit to amend the existing permit (MSW 523-A) by expanding vertically from an elevation of 773 feet mean sea level (ft-msl) to an elevation of 916 ft- msl, an increase in height of 143 feet. The facility is located approximately 2 1/2 miles southeast of the intersection of State Highway 11 (SH-11) and Farm to Market (FM) Road 1417 and mile east of SH-11 on the south side of Nelson Road, in Grayson County, Texas. This application was submitted to the TCEQ on March 14, 2002.

The TCEQ executive director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision to issue this draft permit. The permit application, executive director's preliminary decision, and draft permit are available for viewing and copying at the City of Sherman Public Library at 421 North Travis in the City of Sherman, Texas, in Grayson County.

MAILING LISTS. You may ask to be placed on a mailing list to obtain additional information regarding this application by sending a request to the Office of the Chief Clerk at the address below. You may also ask to be on a county-wide mailing list to receive public notices for TCEQ permits in the county.

PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request a public meeting about this application. The purpose of a public meeting is to provide the opportunity to submit comment or to ask questions about the application. The TCEQ will hold a public meeting if the executive director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.

You may submit additional written public comment to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 within 30 days from the date of newspaper publication of this notice.

OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public comments, the executive director will consider the comments and prepare a response to all relevant and material or significant public comments. The response to comments, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments or who requested to be on a mailing list for this application. If comments are received, the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the executive director's decision. A contested case hearing is a legal proceeding similar to a civil trial in a state district court. A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised during the public comment period and not withdrawn. Issues that are not raised in public comments may not be considered during a hearing.

EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval of the application unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the executive director will not issue final approval of the permit and will forward the application and requests to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

INFORMATION. If you need more information about this permit application or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us.

Further information may also be obtained from Mr. Rick Losa, Waste Management of Texas, Inc., Divisional Landfill Manager, at P.O. Box 31, Lewisville, TX, 75067, or by calling him at (972) 459-1221.

TRD-200302987

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 13, 2003


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

For the Period of May 12, 2003

APPLICATION The City of Anson has applied to the Texas Commission on Environmental Quality (TCEQ) for a permit (Proposed Permit No. MSW 2301) to authorize a new Type I-AE municipal solid waste disposal facility. The proposed site covers approximately 51.21 acres. The facility is located approximately 9 miles east of the City of Anson, approximately 2.5 miles southeast of the City Limits of Anson, Texas, on the south side of State Highway 180, in Jones County, Texas. This application was submitted to the TCEQ on October 17, 2002.

The TCEQ executive director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision to issue this draft permit. The permit application, executive director's preliminary decision, and draft permit are available for viewing and copying at the City of Anson City Hall, 1314 Commercial Avenue, Anson, Texas, 79501, in Jones County.

MAILING LISTS. You may ask to be placed on a mailing list to obtain additional information regarding this application by sending a request to the Office of the Chief Clerk at the address below. You may also ask to be on a county-wide mailing list to receive public notices for TCEQ permits in the county.

PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request a public meeting about this application. The purpose of a public meeting is to provide the opportunity to submit comment or to ask questions about the application. The TCEQ will hold a public meeting if the executive director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.

You may submit additional written public comment to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 within 30 days from the date of newspaper publication of this notice.

OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public comments, the executive director will consider the comments and prepare a response to all relevant and material or significant public comments. The response to comments, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments or who requested to be on a mailing list for this application. If comments are received, the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the executive director's decision. A contested case hearing is a legal proceeding similar to a civil trial in a state district court.

A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised during the public comment period and not withdrawn. Issues that are not raised in public comments may not be considered during a hearing.

EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval of the application unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the executive director will not issue final approval of the permit and will forward the application and requests to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

INFORMATION. If you need more information about this permit application or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us.

Further information may also be obtained from the City of Anson at 1314 Commercial Avenue, Anson, Texas, 79501 in Jones County, or by calling the City Offices at (915) 823-2412.

TRD-200302989

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 13, 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 23, 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 23, 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: Jeff Lyon dba A-1 Metal Recyclers; DOCKET NUMBER: 2000-0059-MLM- E; TCEQ ID NUMBERS: 86353 and MA-0050-S; LOCATION: 600 East White Street, Brady, McCulloch County, Texas; TYPE OF FACILITY: scrap metal processing plant; RULES VIOLATED: 30 TAC §335.4, and TWC, §26.121, by failing to prevent and contain unauthorized discharges; 30 TAC §§335.6, 335.62, 335.431, 335.504 and 40 Code of Federal Regulations (CFR) §262.11 and §268.7, by failing to notify the TCEQ of waste generated and waste management units, and failing to conduct a waste determination and classification to determine if the waste met land ban treatment standards prior to disposal; 30 TAC §335.9, by failing to maintain records of waste generated, stored, and processed on-site and failing to submit to the TCEQ annual waste summaries; 30 TAC §335.69(a) and §335.112, and 40 CFR §262.34, by failing to comply with accumulation time requirements including labeling and dating hazardous waste containers, maintaining closed hazardous waste containers in good condition, providing personnel training, having preparedness and prevention measures, and having a contingency plan; and 30 TAC §335.474 and §335.479, by failing to have a source reduction and waste minimization plan; PENALTY: $14,500; STAFF ATTORNEY: Rich O'Connell, Litigation Division, MC 175, (512) 239-5528; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(2) COMPANY: Western Environmental of Oklahoma, L. L. C.; DOCKET NUMBER: 1999- 0412-IHW-E; TCEQ ID NUMBER: F0237; LOCATION: 11600 Carle Road, La Coste, Medina County, Texas; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §335.4, and TWC, §26.121, by causing, allowing, suffering, or permitting unauthorized discharges of wastes into or adjacent to the waters of the state and failing to contain the discharges; 30 TAC §335.69(a) and 40 CFR §262.34(a), by accumulating hazardous waste on-site for more than 90 days without a permit or interim status; 30 TAC §335.6(a), by failing to obtain a TCEQ solid waste registration number and failing to notify the TCEQ of all hazardous and nonhazardous waste activities; 30 TAC §335.63 and 40 CFR §262.12, by failing to obtain an United States Environmental Protection Agency identification number; and 30 TAC §335.62, and 40 CFR §262.11, by failing to perform hazardous waste determinations on 13 separate waste streams; PENALTY: $48,950; STAFF ATTORNEY: Rich O'Connell, Litigation Division, MC 175, (512) 239-5528; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

TRD-200302980

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 13, 2003


Notice of Opportunity to Comment on Settlement Agreements 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 Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 23, 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 23, 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: B & S Cattle Feeders, L. L. C.; DOCKET NUMBER: 2000-0466-AGR-E; TCEQ ID NUMBER: none; LOCATION: approximately 1/4 east of the intersection of Farm-to-Market Road (FM) 1567 and County Road 2439, on FM 1563, Reilly Springs, Hopkins County, Texas; TYPE OF FACILITY: concentrated animal feeding operation; RULES VIOLATED: 30 TAC §321.33(g), by failing to obtain written authorization from the TCEQ to confine more than 299 animals; and 30 TAC §321.40(11), by failing to properly dispose of dead animals within three days; PENALTY: $600; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(2) COMPANY: BFI Waste Systems of North America, Inc.; DOCKET NUMBER: 2000- 1385-AIR-E; TCEQ ID NUMBER: BG-0734-U; LOCATION: 7000 Interstate Highway 10 East, San Antonio, Bexar County, Texas; TYPE OF FACILITY: municipal solid waste landfill; RULES VIOLATED: 30 TAC §101.4, and Texas Health and Safety Code (TSHC), §382.085(a) and (b), by allowing a nuisance odor to occur and interfere with the normal use and enjoyment of property located downwind; 30 TAC §§101.20(1), 116.115(c), 116.621(4), and 122.144, THSC, §382.085(b), 40 Code of Federal Regulations (CFR) §60.758(c), General Permit O- 01449(b)(1) and (2), and Standard Permit Number 43585(4), by failing to record monthly gas collection and control system (GCCS) well monitoring data and maintain records to show corrective actions and remonitoring for GCCS wells with pressure, oxygen, and temperature exceedances; 30 TAC §122.145 and §122.146, THSC, §382.085(b), and General Permit O-01449(b)(2), by failing to submit a six-month deviation report to identify and provide information and data for wells with pressure, temperature, and oxygen exceedances and failing to report all deviations related to pressure, temperature, and oxygen exceedances in GCCS wells; and 30 TAC §§101.20(1), 116.115(c), 116.621(4), THSC, §382.085(b), 40 CFR §60.755(a)(3) and (5), General Permit O-01449(b)(1) and (2), and Standard Permit Number 43585(4), by failing to take proper action to expand the GCCS within 120 days after discovering exceedances of pressure, temperature, and oxygen in wells; PENALTY: $20,625; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(3) COMPANY: Fortson Contracting, Inc.; DOCKET NUMBER: 2002-0068-AIR-E; TCEQ ID NUMBER: NB-0150-I; LOCATION: 772 FM 1126, Rice, Navarro County, Texas; TYPE OF FACILITY: highway guardrail repair; RULES VIOLATED: 30 TAC §111.201, and THSC, §382.005(b), by conducting outdoor burning of unauthorized materials; PENALTY: $3,000; STAFF ATTORNEY: Diana Grawitch, Litigation Division, MC 175, (512) 239-0939; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Hall Grapevine Corporation dba Hall Johnson Chevron; DOCKET NUMBER: 2001-1081-PST-E; TCEQ ID NUMBER: 69604; LOCATION: 2100 Hall Johnson Road, Grapevine, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.222(3), and THSC, §382.085(b), by failing to eliminate any avoidable gasoline leaks, as detected by sight, sound, or smell existing anywhere in the liquid transfer or vapor balance system; 30 TAC §115.242(4), and THSC, §382.085(b), by failing to ensure that no gasoline leaks, as detected by sight, sound, or smell exist anywhere in the gasoline dispensing equipment or the Stage II vapor recovery system; 30 TAC §115.245(1) and (2), and THSC, §382.085(b), by failing to conduct annual pressure decay testing on the Stage II vapor recovery system; 30 TAC §334.50(b)(2)(A)(ii)(I) and (III), and TWC, §26.3475, by failing to conduct annual piping tightness testing for all product piping associated with the underground storage tank (UST) system, and failing to conduct annual line leak detection testing on the UST system; 30 TAC §334.48(c), by failing to conduct monthly reconciliation of detailed inventory control records for the UST system; 30 TAC §334.8(c)(4)(A) and (B), and TWC, §26.346(a), by failing to ensure that the UST registration and self-certification form is fully and accurately complete and submitted to the TCEQ in a timely manner; and 30 TAC §334.8(c)(5)(A)(I), and TWC, §26.3467(a), by failing to make a current, valid TCEQ delivery certificate available to common carriers before accepting delivery of a regulated substance into a UST; PENALTY: $12,000; STAFF ATTORNEY: Lisa Lemanczyk, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Kayani-1, Inc.; DOCKET NUMBER: 2002-0770-PST-E; TCEQ ID NUMBER: 0073462; LOCATION: 185 North 23rd Street, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(5)(A)(i), and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before delivery of a regulated substance into the UST system; and 30 TAC §334.8(c)(4)(B), and TWC, §26.346(a), by failing to ensure that the UST registration and self-certification form is submitted to the agency in a timely manner; PENALTY: $1,500; STAFF ATTORNEY: Diana Grawitch, Litigation Division, MC 175, (512) 239-0939; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(6) COMPANY: Rio Concho Aviation, Inc.; DOCKET NUMBER: 2002-0518-PST-E; TCEQ ID NUMBER: 30048; LOCATION: 2290 West Hicks Road, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: aviation services; RULES VIOLATED: 30 TAC §334.8(c)(4)(B), and TWC, §26.346(a), by failing to ensure that the UST registration and self-certification form was fully and accurately completed and submitted to the TCEQ in a timely manner; and 30 TAC §334.8(c)(5)(A)(i), and TWC, §26.3467(a), by failing to obtain and make available to a common carrier a valid, current delivery certificate prior to accepting a delivery of a regulated substance to be deposited into the USTs; PENALTY: $1,200; STAFF ATTORNEY: Rebecca Nash Petty, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Ron Laney Oil Co. Inc.; DOCKET NUMBER: 2000-1258-PST-E; TCEQ ID NUMBERS: 8311 and 8319; LOCATIONS: East Ingram Street, Seymour (Seymour Facility) and Highway 82, Red Springs (Red Springs Facility), Baylor County, Texas; TYPE OF FACILITY: underground storage tanks; RULES VIOLATED: 30 TAC §334.7(d), by failing to provide timely written notice to the TCEQ of any changes or additional information concerning the UST systems; 30 TAC §334.10(b), by failing to develop and maintain for review all records required; 30 TAC §334.49(a), and TWC, §26.3475(d), by failing to install corrosion protection for the UST systems; 30 TAC §334.50(a)(1)(A), and TWC, §26.3475, by failing to have a release detection method for each UST system capable of detecting release from any portion of the UST system; 30 TAC §334.51(b)(2)(A), and TWC, §26.3475(c), by failing to provide proper tight-fill equipment for the UST systems; 30 TAC §334.51(b)(2)(B), and TWC, §26.3475(c), by failing to provide proper spill containment equipment for the UST systems; 30 TAC §334.51(b)(2), and TWC, §26.3475(c), by failing to equip the UST system with a tight-fill fitting, a spill containment device, or overfill prevention equipment; 30 TAC §334.93(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 from the USTs; and 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, an existing UST system that was not in compliance with the upgrade requirements; PENALTY: $68,400; STAFF ATTORNEYS: Robin Chapman, Litigation Division, MC 175, (512) 239-0497 and Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(8) COMPANY: Skinny's, Inc.; DOCKET NUMBER: 2000-0295-PST-E; TCEQ ID NUMBERS: 6851, 55673, 68705, 19830, 44901, 6856, 37613, 44226, 37670, 7177, and 7188; LOCATIONS: 5110 South 7th Street, 2689 Buffalo Gap Road, 3350 Catclaw, 1401 East Interstate Highway 20, Abilene, Taylor County, Texas; 407 Coliseum, Snyder, Scurry County, Texas; 695 East 2nd Street, Colorado City, Mitchell County, Texas; Interstate Highway 20 and Cherry, Clyde, Callahan County, Texas; 1311 East Walker, Breckenridge, Stephens County, Texas; 512 East Commerce, Brownwood, Brownwood County, Texas; 1200 Main, Gatesville, Coryell County, Texas; and 200 South Waco, Hillsboro, Hill County, Texas; TYPE OF FACILITIES: underground storage tanks; RULES VIOLATED: 30 TAC §334.72 and §334.74, and TWC, §26.039, by failing to report a suspected release within 24 hours of the discovery of the suspected release and failing to conduct release investigation and confirmation steps within 30 days of discovery of a suspected release; PENALTY: $94,500; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICES: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674 and Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(9) COMPANY: Skinny's, Inc.; DOCKET NUMBER: 2003-0447-PST-E; TCEQ ID NUMBERS: 6849, 6850, 6852, 6857, 17208, 37688, 30746, 50086, 44904, 53745, 37674, 37671, 7178, and 10983; LOCATIONS: 4836 South 14th Street, 875 East Highway 80, 1657 State Highway 351, 5242 South 14th Street, 4150 Ridgemont, 1757 Industrial Boulevard, 1001 East Highway 80, Abilene, Taylor County, Texas; 1400 Hailey, Sweetwater, Nolan County, Texas; 3715 West Walker, Breckenridge, Stephens County, Texas; 501 Commerical, Coleman, Coleman County, Texas; 614 North Bridge, Brady, McCulloch County, Texas; 4140 South Bryant Street, San Angelo, Tom Green County, Texas; 108 South Key, Lampasas County, Texas; and 700 Oak, West, McLennan County, Texas; TYPE OF FACILITIES: underground storage tanks; RULES VIOLATED: 30 TAC §334.72 and §334.74, and TWC, §26.039, by failing to report a suspected release within 24 hours of the discovery of the suspected release and by failing to conduct release investigation and confirmation steps within 30 days of discovery of a suspected release; and 30 TAC §334.50(d)(1)(B)(iii)(I), (II), and (IV), by failing to conduct effective manual or automatic inventory control procedures for the UST system; PENALTY: $66,500; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICES: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674, San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479 and Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(10) COMPANY: United Petroleum Transports, Inc.; DOCKET NUMBER: 2002-1219-PST- E; TCEQ ID NUMBER: none; LOCATION: 7373 North Mesa, El Paso, El Paso County, Texas; TYPE OF FACILITY: gasoline distributing; RULES VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that there was a valid, current delivery certificate issued by the TCEQ covering its UST system prior to depositing a regulated substance into the UST system; PENALTY: $1,000; STAFF ATTORNEY: Diana Grawitch, Litigation Division, MC 175, (512) 239-0939; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

TRD-200302981

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 13, 2003


Notice of Water Quality Applications

The following notices were issued during the period of May 2, 2003 through May 9, 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.

CITY OF ARP has applied for a renewal of TPDES Permit No. 10511-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 211,000 gallons per day. The facility is located approximately 0.5 mile south of the intersection of State Highway 135 and State Highway Spur 80 and approximately 1 mile northeast of the intersection of State Highway 135 and Farm-to-Market Road 345 in Smith County, Texas.

CHELFORD CITY MUNICIPAL UTILITY DISTRICT has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14418-001, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 15,500,000 gallons per day. The facility is located on the south side of Alief-Clodine Road, approximately 2,000 feet due west of the intersection of Alief-Clodine Road and State Highway 6 in Harris County, Texas.

CITY OF CHINA has applied for a renewal of TPDES Permit No. 12104-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 228,000 gallons per day. The facility is located adjacent to South China Road and approximately 1.5 miles south of U.S. Highway 90 in Jefferson County, Texas.

THE COUNTRY CLUB PARK ESTATES UTILITY TRUST has applied for a renewal of TPDES Permit No. 11107-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 52,000 gallons per day. The facility is located on Taylors Cove in the Country Club Park Estates Subdivision, approximately 2 miles north of State Highway 73 and 6 miles west of the City of Port Arthur in Jefferson County, Texas.

GUADALUPE-BLANCO RIVER AUTHORITY AND CORDILLERA RANCH, LTD. have applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, Proposed Permit No. 14385-001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 192,000 gallons per day via surface irrigation of 102 acres of golf course. This permit will not authorize a discharge of pollutants into waters in the State. The facility will be located 3.036 miles due north of the intersection of State Highway 46 and Ralph Fair Road and 1.25 miles west of Farm-to-Market Road 3351, formerly Farm-to-Market Road 3160, in Kendall County, Texas. The irrigation site will be located south of Cordillera Trace, approximately 2,000 feet west of the intersection of Cordillera Trace and Rio Cordillera in Kendall County, Texas.

CITY OF HAWKINS has submitted application for a new permit, Proposed Permit No. 04547, to authorize the land application of sewage sludge for beneficial use on 15.06 acres. This permit will not authorize a discharge of pollutants into waters in the State. The land application site is located approximately 1,800 feet south of U. S. Highway 80 at a point approximately 10,500 feet east of the intersection of U.S. Highway 80 and Farm-to-Market Road 14 in Wood County, Texas.

LA JOYA WATER SUPPLY CORPORATION has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14415-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 1,400,000 gallons per day. The proposed permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,400,000 gallons per day. The facility will be located approximately 1 mile south of U.S. Expressway 83 on Guadalupe Flores Road and approximately 1,000 feet east of Guadalupe Flores Road in Hidalgo County, Texas.

THE CITY OF MAGNOLIA has applied for a renewal of TPDES Permit No. 11871-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 650,000 gallons per day. The facility is located on the northeast corner of the intersection of Arnold Branch and Nichols Sawmill Road, approximately 1.5 miles south of the intersection of Farm-to- Market Road 1774 and Farm-to-Market Road 1488 in Montgomery County, Texas.

MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 83 has applied for a renewal of TPDES Permit No. 13583-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day. The facility is located 1,200 feet south of the intersection of Farm-to-Market Road 1314 with U.S. Highway 59 and approximately 1,500 feet west of U.S. Highway 59 in Montgomery County, Texas.

CITY OF NOCONA has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. 10355-003, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 224,000 gallons per day. The facility is located 0.3 mile east of State Highway 175 (Montague Street); approximately 0.7 mile south of the intersection of U.S. Highway 82 and State Highway 175 in the City of Nocona in Montague County, Texas.

149 ENTERPRISES, INC. has applied for a renewal of TPDES Permit No. 14044-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day. The facility is located approximately 1,300 feet east of Farm-to-Market Road 149 and 3,500 feet north of the intersection of Farm-to-Market Road 149 and Spring Cypress Road in Harris County, Texas.

CITY OF PILOT POINT has applied for a renewal of TPDES Permit No. 10361-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 735,000 gallons per day. The facility is located approximately 1 mile west-southwest of the intersection of U.S. Highway 377 and State Highway Loop 387, and approximately 1.5 miles northwest of the intersection of U.S. Highway 377 and Farm-to-Market Road 455 in Denton County, Texas.

SOUTHERN WATER CORPORATION has applied for a renewal of TPDES Permit No. 10610-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 475,000 gallons per day. The facility is located on the south bank of Halls Bayou, approximately 4500 feet west of Interstate Highway 45 in Harris County, Texas.

SYNAGRO OF TEXAS-CDR, INC. has submitted application for a new permit, Proposed Permit No. 04475, to authorize the land application of sewage sludge for beneficial use on 767 acres. This permit will not authorize a discharge of pollutants into waters in the State. The land application site is located at the intersection of Farm-to-Market Roads 1104 and 1150, east of Farm- to-Market Road 1104 and along Farm-to-Market Road 1150 in Guadalupe County, Texas.

UTILITIES INVESTMENT COMPANY, INC. has applied for a renewal of TPDES Permit No. 14172-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 99,000 gallons per day. The facility will be located 1,010 feet northeast of the intersection of U.S. Highway 290 and Cypress Rosehill Road, and 1,145 feet northwest of the intersection of U.S. Highway 290 and Spring-Cypress Road in Harris County, Texas.

WALKER WATER WORKS, INC. has applied for a renewal of TPDES Permit No. 12822-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 35,000 gallons per day. The facility is located approximately 2,300 feet south of County Road 128 and approximately 2,500 feet east of County Road 143 in Brazoria County, Texas.

THE CITY OF WOLFE CITY has applied for a renewal of TPDES Permit No. 10383-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 195,000 gallons per day. The facility is located adjacent to Oyster Creek approximately 0.5 miles south of Wolfe City and 0.3 miles east of State Highway 34 in Hunt 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 permit issued to CITY OF CRANFILLS GAP, to incorporate a special language in the Other Requirements of the permit based on the North Bosque River TMDL. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 40,000 gallons per day. The facility is located approximately 900 feet southeast of the intersection of State Highway 22 and Farm-to-Market Road 219 (3rd Street) in Bosque County, Texas.

The Texas Commission on Environmental Quality (TCEQ) has initiated a minor amendment of the permit issued to CITY OF HICO, to incorporate reporting requirements for Total Phosphorus in the permit based on the North Bosque River TMDL. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located approximately 0.25 mile south of State Highway 6 and approximately 0.75 mile east of U.S. Highway 281, southeast of the City of Hico in Hamilton County, Texas.

The Texas Commission on Environmental Quality (TCEQ) has initiated a minor amendment of the permit issued to CITY OF MERIDIAN, to incorporate reporting requirements for Total Phosphorus in the permit based on the North Bosque River TMDL. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 450,000 gallons per day. The facility is located at 501 South Main Street, approximately 2,900 feet east-northeast of the intersection of State Highway 6 and State Highway 22 in Bosque County, Texas.

The Texas Commission on Environmental Quality (TCEQ) has initiated a minor amendment of the permit issued to the CITY OF VALLEY MILLS to incorporate reporting requirements for Total Phosphorus in the permit based on the North Bosque River TMDL. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 360,000 gallons per day. The facility is located approximately one mile northeast of the intersection of State Highway 6 and Farm-to-Market Road 56, northeast of the City on Valley Mills in Bosque County, Texas.

TRD-200302988

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 13, 2003


Notice of Water Rights Application

Notice mailed May 7, 2003.

APPLICATION NO. 5801; Art Mehos & wife Constance Mehos, P.O. Box 3205, Sherman, Texas, 75091, have applied to the Texas Commission on Environmental Quality (TCEQ) for a Water Use Permit pursuant to 11.121, Texas Water Code, and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. Applicants seek authorization to divert and use 180 acre-feet of water per year at a maximum diversion rate of 2.2 cfs (1,000 gpm) from Diversion Point No. 1 located on the Red River, Red River Basin, Grayson County, Texas, at Latitude 33.743 N, Longitude 96.399 W for agricultural purposes to irrigate 63.5 acres of land out of a total of 379.5 acres in the Renne Allred Survey, Abstract No. 14 and the Jesse Pendleton Survey, Abstract No. 947 , Grayson County, Texas. Applicants also seek to divert and use 296 acre-feet of water per year at a maximum diversion rate of 3.3 cfs (1,500 gpm) from Diversion Point No. 2 located on the Red River, Red River Basin, Grayson County, Texas, at Latitude 33.384 N, Longitude 96.390 W for agricultural purposes to irrigate 104.5 acres of land out of the 379.5 acre-tract. The location from the county seat for both diversion points is approximately 14.53 miles in a northeast direction from 100 West Houston Street, Grayson County, Texas, or 3.36 miles in a northwest direction from Ambrose, Texas. Ownership of the land is evidenced by a Deed of Trust. In the event that TCEQ staff find that the requested 476 acre-feet of surface water requested is not available, applicants will construct and impound state water in two off- channel reservoirs with combined capacity of 3.06 acre-feet for subsequent irrigation of the land described above. The application was received on January 14, 2003 and accepted for filing on March 4, 2003. The Executive Director of the TCEQ has reviewed the application and has declared it to be administratively complete on March 4, 2003. Written public comments and requests for a public meeting should be received in the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

Information Section

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

The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed within 30 days of the date of 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) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below.

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

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

TRD-200302986

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 13, 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 23, 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 23, 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: ASARCO Incorporated; DOCKET NUMBER: 2003-0111-AIR-E; IDENTIFIER: Air Account Number EE-0007-G; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: copper smelter; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit the annual Title V compliance certification; PENALTY: $2,480; ENFORCEMENT COORDINATOR: Jill Kelley, (915) 834-4949; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(2) COMPANY: Atofina Chemicals, Inc.; DOCKET NUMBER: 2002-0878-AIR-E; IDENTIFIER: Air Account Number JE-0074-L and Air Permit Number 865A; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: chemicals production; RULE VIOLATED: 30 TAC §111.111(a)(4)(A) and §116.115(c), Air Permit Number 865A, and THSC, §382.085(b), by failing to meet the visible emissions requirement for a process gas flare; 30 TAC §§101.20(1), 115.354(2)(C), and 116.115(c), 40 Code of Federal Regulations, Air Permit Number 865A, and THSC, §382.085(b), by failing to monitor 723 valves during the third calendar quarter of 2001; and 30 TAC §116.115(b)(2)(G), Air Permit Number 865A, and THSC, §382.085(b), by failing to comply with emission limits; PENALTY: $32,000; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(3) COMPANY: Marvin Slawson dba Bright Spot; DOCKET NUMBER: 2002-0611-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 65056; LOCATION: Cayuga, Anderson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(a)(1)(A), (b)(1)(A) and (2)(A)(i)(III), and the Code, §26.3475(a) and (c)(1), by failing to monitor pressurized piping, failing to monitor the underground storage tank (UST) in a manner which will detect a release, and failing to have a line leak detector; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(4) COMPANY: Chevron Pipe Line Company; DOCKET NUMBER: 2003-0101-AIR-E; IDENTIFIER: Air Account Number ML-0244-C; LOCATION: Midland, Midland County, Texas; TYPE OF FACILITY: crude petroleum pipe line; RULE VIOLATED: 30 TAC §122.504(a)(4)(A) and THSC, §382.085(b), by failing to submit an application to revise its general operating permit number O-01305; and 30 TAC §106.8(c)(1), (2)(A) and (B), and THSC, §382.085(b), by failing to maintain copies of the applicable permit by rules and the general conditions contained in 30 Tex. Admin. Code § 106.4 at the plant and failed to maintain records containing sufficient information to demonstrate compliance; PENALTY: $1,232; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(5) COMPANY: Cliff and Melissa Halliburton dba Cliff's Tire Shop; DOCKET NUMBER: 2002-0840-MSW-E; IDENTIFIER: Enforcement Identification Number 17759; LOCATION: Tyler, Smith County, Texas; TYPE OF FACILITY: tire shop; RULE VIOLATED: 30 TAC §328.60(a) and §330.4(a), and THSC, §361.112(a), by failing to obtain a registration for a used and scrap tire storage site; 30 TAC §328.56(b) and §328.57(c)(3), and THSC, §361.112(c), by failing to deliver scrap tires to an authorized facility; and 30 TAC §328.56(c) and §382.57(c)(2), by failing to maintain records of manifest, shipping tickets, work orders, invoices, or other records showing the collection and disposal of all used and scrap tires; PENALTY: $600; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(6) COMPANY: Fort Bend County Municipal Utility District No. 112; DOCKET NUMBER: 2002-1034-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 13628-001; LOCATION: Houston, Fort Bend County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 13628- 001, and the Code, §26.121, by exceeding the permit limits for total suspended solids and five- day biochemical oxygen demand; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(7) COMPANY: Carlos Gomez, III dba Frontera Equipment; DOCKET NUMBER: 2003-0102- AIR-E; IDENTIFIER: Air Account Number HN-0512-E and Regulated Entity Identification Number RN102864923; LOCATION: Donna, Hidalgo County, Texas; TYPE OF FACILITY: surface coating; 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: $2,100; ENFORCEMENT COORDINATOR: Sandra Hernandez-Alanis, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(8) COMPANY: Groendyke Transport, Inc.; DOCKET NUMBER: 2002-0949-PST-E; IDENTIFIER: Enforcement Identification Number 18189; LOCATION: El Paso, El Paso 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 of the facility had a valid, current delivery certificate; PENALTY: $816; ENFORCEMENT COORDINATOR: Thomas Jecha, (512) 239-2576; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(9) COMPANY: H. W. Marshall Construction, L.P.; DOCKET NUMBER: 2003-0165-MSW- E; IDENTIFIER: Municipal Solid Waste (MSW) Transporter Number HAT0032 and Regulated Entity Identification Number RN102947777; LOCATION: Mission, Hidalgo County, Texas; TYPE OF FACILITY: municipal solid waste transportation company; RULE VIOLATED: 30 TAC §330.5(a) and §330.32(b), by failing to ensure that all solid waste collected and transported is disposed of only at facilities authorized to accept the type of waste transported; PENALTY: $1,040; ENFORCEMENT COORDINATOR: Sandra Hernandez-Alanis, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(10) COMPANY: City of Hallsville; DOCKET NUMBER: 2003-0070-MWD-E; IDENTIFIER: TPDES Permit Number 10460-001; LOCATION: Hallsville, Harrison County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10460-001, and the Code, §26.121(a), by failing to comply with ammonia-nitrogen daily average concentration permit limits; PENALTY: $2,760; ENFORCEMENT COORDINATOR: Rick Ciampi, (512) 239-3119; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(11) COMPANY: Houston Oil Producing Enterprises, Inc.; DOCKET NUMBER: 2003-0261- AIR-E; IDENTIFIER: Air Account Number GB-0543-W; LOCATION: High Island, Galveston County, Texas; TYPE OF FACILITY: compressor station; RULE VIOLATED: 30 TAC §101.360(a) and THSC, §382.085(b), by failing to submit form ECT-3 level of activity of certification; PENALTY: $520; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(12) COMPANY: Inara Management, L.L.C. dba Horizon 2; DOCKET NUMBER: 2002-1160- PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 0042105; LOCATION: Sanger, Denton County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial responsibility; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to conduct a pressure decay test; 30 TAC §115.246(4) and (5), and THSC, §382.085(b), by failing to maintain proof of attendance and completion of training and failing to maintain a record of the results of testing conducted at the station; 30 TAC §334.50(b)(1)(A), (2)(A)(i)(III), and (d)(1)(B)(ii), and the Code, §26.3475(a), by failing to ensure that all tanks are monitored for releases, failing to provide proper release detection, failing to test a line leak detector, and failing to conduct reconciliation of detailed inventory control records; PENALTY: $5,775; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: Timothy Jones dba Indian Lodge Resort; DOCKET NUMBER: 2002-0345- PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 0180037; LOCATION: near Kopperl, Bosque County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(B)(i) and (ii), and (c)(1)(B)(ii), and THSC, §341.0315(c), by failing to provide adequate well and total storage capacity; 30 TAC §290.46(f)(2) and (t), by failing to provide an operating water system record and failing to provide a legible sign indicating system ownership and an emergency contact phone number; 30 TAC §290.41(c)(3)(K), by failing to properly screen the well casing vent; 30 TAC §290.43(c)(4) and (e), by failing to provide the ground storage tank with a water level indicate and failing to provide an intruder-resistant fence; 30 TAC §290.39(j)(1), by failing to submit written notification of any proposed changes; 30 TAC §290.118(b) and (g)(2), and THSC, §341.031, by failing to meet secondary constituent levels and failing to notify the facility customers that the fluoride concentration of 2.3 milligram per liter (mg/l) exceeded the maximum permissible limit of two mg/l; PENALTY: $1,313; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(14) COMPANY: Leyendecker Oil, Inc.; DOCKET NUMBER: 2002-1300-PST-E; IDENTIFIER: Regulated Entity Number 101447399; LOCATION: San Ygnacio, Zapata 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: $1,600; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(15) COMPANY: Ricardo Moreno; DOCKET NUMBER: 2003-0196-MSW-E; IDENTIFIER: MSW Unauthorized Site Number 455150044 and Regulated Entity Identification Number RN102923505; LOCATION: Edinburg, Hidalgo County, Texas; TYPE OF FACILITY: municipal solid waste; RULE VIOLATED: 30 TAC §330.5(a), by failing to prevent the disposal of MSW at an unauthorized disposal site; PENALTY: $2,100; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(16) COMPANY: Oil Patch Brazos Valley Inc.; DOCKET NUMBER: 2002-0397-PST-E; IDENTIFIER: Enforcement Identification Number 17770; LOCATION: Sugar Land, Fort Bend 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 of the facility had a valid, current delivery certificate; PENALTY: $800; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767- 3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.

(17) COMPANY: Oil Patch Fuel & Supply, Inc.; DOCKET NUMBER: 2002-0259-PST-E; IDENTIFIER: Enforcement Identification Number 17607; LOCATION: Harlingen, Cameron 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: $3,600; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(18) COMPANY: City of Port Arthur; DOCKET NUMBER: 2002-0995-PWS-E; IDENTIFIER: PWS Number 1230009; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.111(b)(1)(A)(ii) and (2)(A)(ii), by having exceeded the turbidity level of 0.5 nephelometric turbidity units in more than 5% of the readings; PENALTY: $900; ENFORCEMENT COORDINATOR: Kimberly McGuire, (713) 767-3500; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(19) COMPANY: Quality Electric Casting, L.P.; DOCKET NUMBER: 2002-1393-AIR-E; IDENTIFIER: Air Account Number HG-0599-P; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: steel casting foundry; RULE VIOLATED: Agreed Order Docket Number 2000-0591-AIR-E and THSC, §382.085(b), by failing to send within 90 days of the agreed order a written notification stating that authorization of the thermal sand reclaimer system had been claimed; 30 TAC §106.433(2)(C) and §116.110(a), and THSC, §382.085(b) and §382.0518, by failing to obtain authorization for air contaminants; 30 TAC §122.130(a) and THSC, §382.085(b), by failing to submit the Title V abbreviated initial application; and 30 TAC §116.115(c) and THSC, §382.085(b), by failing to remove all waste coatings and solvents from the site by an authorized disposal service; PENALTY: $9,000; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(20) COMPANY: Reeder Distributors, Inc.; DOCKET NUMBER: 2002-1213-PST-E; IDENTIFIER: Regulated Entity Number RN100524743; LOCATION: Fort Worth, 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: $360; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(21) COMPANY: Mr. Satish Patel dba Spotted Horse Inn; DOCKET NUMBER: 2000-0480- PWS-E; IDENTIFIER: PWS Number 0970008; LOCATION: Hamilton, Hamilton County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.42(i), by failing to provide water treatment chemicals that conform to American National Standards Institute/National Sanitation Foundation Standard 60 for direct additives; 30 TAC §290.46(p)(1) and (2), by failing to provide annual inspection documentation for the ground storage and pressure tanks; 30 TAC §290.43(c)(2), (3), (4), (5), (6), and (7), and (e), by failing to provide a ground storage tank that is designed and fabricated in accordance with American Water Works standards, failing to provide a proper roof opening, failing to provide proper overflows, failing to provide a proper water level indicator, failing to provide proper inlet and outlet connections, failing to provide a leak free ground storage tank, failing to provide proper drains, and failing to provide an intruder-resistant fence; 30 TAC §290.46(f)(2) and (x), by failing to provide records of chlorine residual tests and failing to properly plus an abandoned well; 30 TAC §290.41(c)(1)(F), (3)(J) and (N), by failing to obtain sanitary easement covering all property, failing to provide a proper concrete sealing block, and failing to provide a flow meter; and 30 TAC §290.45(c)(1)(B)(i) and (iv), by failing to provide the required well capacity of 0.6 gallons per minute per unit and failing to provide a pressure tank with the capacity of ten gallons per unit; PENALTY: $1,625; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(22) COMPANY: Timothy Gilpin dba Ten Cent Dairy; DOCKET NUMBER: 2000-0793-AGR- E; IDENTIFIER: Water Quality Permit Number 4232; LOCATION: near Brashear, Hopkins County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.33(e) and §321.39(f)(19)(D), by failing to manage irrigation practices to prevent pond and puddling; and 30 TAC §321.31(a) and §321.39(f)(19)(A), and the Code, §26.121, by failing to prevent the unauthorized discharge of wastewater into waters in the state; PENALTY: $900; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(23) COMPANY: Tri-Con, Inc.; DOCKET NUMBER: 2002-0920-PST-E; IDENTIFIER: Enforcement Identification Number 18274; LOCATION: Beaumont, Jefferson 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 of the facility had a valid, current delivery certificate; PENALTY: $800; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(24) COMPANY: United States Department of Justice/Federal Bureau of Prisons; DOCKET NUMBER: 2002-0972-PST-E; IDENTIFIER: PST Facility Identification Number 0003807; LOCATION: Big Spring, Howard County, Texas; TYPE OF FACILITY: correctional institution; 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 a underground storage tank registration and self-certification form and failing to make available a valid, current delivery certificate; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Todd Huddleson, (512) 239-1105; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(25) COMPANY: Arthur G. Walker dba Walker Auto Sales; DOCKET NUMBER: 2003-0047- AIR-E; IDENTIFIER: Regulated Entity Number 102939543; LOCATION: Trinity, Trinity County, Texas; TYPE OF FACILITY: used auto sales; RULE VIOLATED: 30 TAC §114.20(c)(1) and THSC, §382.085(b), by failing to maintain emission control devices in good operating condition; PENALTY: $360; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

TRD-200302974

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 13, 2003


Texas Department of Health

Notice of Emergency Impoundment Order on Paragon Wireline, Inc., dba Diamond H Wireline

Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Paragon Wireline, Inc., also doing business as Diamond H Wireline (licensee-L05367) of Bryan to immediately surrender all sources of radiation to the bureau for impoundment, and provide copies of all required records. The order further requires the licensee to be responsible for any costs regarding the impoundment, storage and disposition of the sources. The order will remain in effect until all requirements have been met.

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-200302998

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 14, 2003


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on Lifemark Hospitals, Inc., dba Southwestern General Hospital

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Lifemark Hospitals, Inc., doing business as Southwestern General Hospital, (registrant-M00642) of El Paso. A total penalty of $14,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, §289.230.

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-200302999

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 14, 2003


Heart of Texas Council of Governments

Request for Proposals - Child Care Services

The Heart of Texas Workforce Development Board (HOTWDB) invites proposals for Program Year 2003-04 from interested entities to provide Childcare Management Services.

The HOTWDB has scheduled a pre-proposal conference for May 19, 2003 at 2 p.m. to be held at 300 Franklin Ave., Waco, Texas. A mandatory letter of intent to submit a proposal is due May 23, 2003 with proposals due on June 6, 2003 by 5 p.m.

The HOTWDB region is comprised of the following counties: Bosque, Falls, Freestone, Hill, Limestone and McLennan.

The Request for Proposal (RFP) is available from the Heart of Texas Workforce Development Board, 300 Franklin Ave., Waco, Texas 76701 or by calling (254) 756-7822.

TRD-200302906

Brenda Khoury

Executive Assistant

Heart of Texas Council of Governments

Filed: May 9, 2003


Texas Department of Public Safety

Notice of Public Hearing

The Texas Department of Public Safety, in accordance with Administrative Procedure and Texas Register Act, Texas Government Code, §2001, et seq., and Texas Transportation Code, Chapter 644, is holding a public hearing on June 3, 2003, at 5:30 p.m., in the Texas Department of Public Safety Motor Carrier Bureau (Building P) Conference Room, 6200 Guadalupe Street, Austin, Texas.

The purpose of the hearing is to receive comments from all interested persons regarding adoption of amendments to Administrative Rule §3.62 regarding Transportation Safety, proposed for adoption under the authority of Texas Transportation Code, Chapter 644, which provides that the Director shall, after notice and a public hearing, adopt rules regulating the safe operation of commercial motor vehicles. The proposed rules were published in the April 25, 2003, issue of the Texas Register (28 TexReg 3484).

Persons interested in attending this hearing are encouraged to submit advance written notice of their intent to attend the hearing and to submit a written copy of their comments. Letters should be addressed to Major Coy Clanton, Traffic Law Enforcement Division, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0500.

Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, Braille, are requested to contact Major Clanton at (512) 424-7788, three work days prior to the meeting so that appropriate arrangements can be made.

TRD-200303004

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Filed: May 14, 2003


Public Utility Commission of Texas

Notice of Application for Sale, Transfer or Merger

Notice is given to the public of the filing with the Public Utility Commission of Texas a joint application for sale, transfer, or merger on May 2, 2003, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §§37.154 (Vernon 1998 & Supplement 2003).

Docket Style and Number: Joint Application of AEP Texas North Company (AEP North) and LCRA Transmission Services Corporation (LCRA TSC) to Transfer Certificate Rights and for Approval of Transfer of Facilities, Docket Number 27743.

The Application: The application seeks approval for AEP North to transfer certificate rights concerning five transmission facilities and associated certificate rights to LCRA TSC. AEP North owns two 69 kV transmission lines that are being rebuilt for 138 kV transmission service and one 138 kV transmission line that is being rebuilt to increase power transfer capacity. In addition, because it is retiring a substation, AEP North is also constructing a 300-foot 138 kV transmission line extension in Pecos County to transfer the load to another substation located in the same area. AEP North also owns a 138 kV transmission line in Taylor and Nolan Counties that is being rebuilt to increase power transfer capacity. All of these projects are necessary in order to accommodate the transfer of wind-powered generation from west Texas. The existing 69 kV and 138 kV lines are being removed and retired, and the rebuilding of the lines, as well as the building of the new 300-foot transmission line extension, will occur as activities for which a certificate of public convenience and necessity (CCN) is not required under P.U.C. Substantive Rule 25.101(c)(5)(A) and (B). These projects are under or nearly under construction and are expected to be completed in the August 2003 through January 2004 timeframe. The five transmission lines, located in Crane, Pecos, Nolan, and Taylor counties are: (1) the 42.3-mile 69 kV transmission line from the West Yates Switch Station to the West Yates Pump Station (known as the West Yates Project); (2) the 23-mile 69 kV transmission line from the Rio Pecos Station to the Crane Station (known as the Rio Pecos to Crane Project); (3) the 5.74-mile 138 kV transmission line from the Mesa View Switch to the Mesa View Substation (known as the Mesa View Project); (4) the approximately 300-foot 138 kV transmission line extension to connect the West Yates Tap to West Yates Pump Substation transmission line to the Mesa View Substation (allowing the load to be transferred from the West Yates Pump Substation and that substation will be retired) and will complete the upgrade of transmission facilities between the Mesa View Switch and the West Yates Tap; and (5) the 25.7-mile transmission line from the South Abilene Substation to the AEP North/Oncor Electric Delivery Company ownership change (known as the Abilene to Eskota Project) to be rebuilt from 4/0 to 795 ACSR.

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 Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the Commission at (512) 936- 7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 27743.

TRD-200302911

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 9, 2003


Notice of Application for Waiver of Denial of Request for NXX Code

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on May 9, 2003, for waiver of denial by the North American Numbering Plan Administrator (NANPA) Pooling Administrator (PA) of applicant's request for NXX codes.

Docket Title and Number: Application of ionex telecommunications, inc. for Waiver of Denial by the NANPA of NXX Code Request in the North Richland Hills Rate Center. Docket Number 27771.

The Application: ionex telecommunications, inc. (ionex) submitted a Central Office Code (NXX) Assignment Request to the PA for the assignment of an additional NXX code to offer extended/expanded local two way calling service in the North Richland Hills rate center. The PA denied ionex's request based on practices designed to prohibit acquisition of unneeded numbering resources. ionex seeks an exception to the application of NXX assignment guidelines. ionex asked that the commission instruct the PA to release the numbering resources ionex contends are necessary to allow ionex to offer a more competitive range of services to the local businesses within the North Richland Hills service area. Furthermore, ionex stated that if the waiver is granted, the ionex numbering administrator will be able to donate nine of the blocks from the full code to the pooling efforts within the service area.

Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 2, 2003. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll-free at 1-800-735-2989. All comments should reference Docket Number 27771.

TRD-200302990

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 13, 2003


Notice of Application for Waiver of Denial of Request for NXX Code

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on May 9, 2003, for waiver of denial by the North American Numbering Plan Administrator (NANPA) Pooling Administrator (PA) of applicant's request for NXX codes.

Docket Title and Number: Application of ionex telecommunications, inc. for Waiver of Denial by the NANPA of NXX Code Request in the Grand Prairie Rate Center. Docket Number 27772.

The Application: ionex telecommunications, inc. (ionex) submitted a Central Office Code (NXX) Assignment Request to the PA for the assignment of an additional NXX code to offer extended/expanded local two way calling service in the Grand Prairie rate center. The PA denied ionex's request based on practices designed to prohibit acquisition of unneeded numbering resources. ionex seeks an exception to the application of NXX assignment guidelines. ionex asked that the commission instruct the PA to release the numbering resources ionex contends are necessary to allow ionex to offer a more competitive range of services to the local businesses within the Grand Prairie service area.

Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 2, 2003. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll-free at 1-800-735-2989. All comments should reference Docket Number 27772.

TRD-200302991

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 13, 2003


Notice of Application for Waiver of Denial of Request for NXX Code

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on May 9, 2003, for waiver of denial by the North American Numbering Plan Administrator (NANPA) Pooling Administrator (PA) of applicant's request for NXX codes.

Docket Title and Number: Application of ionex telecommunications, inc. for Waiver of Denial by the NANPA of NXX Code Request in the Euless Rate Center. Docket Number 27773.

The Application: ionex telecommunications, inc. (ionex) submitted a Central Office Code (NXX) Assignment Request to the PA for the assignment of an additional NXX code to offer extended/expanded local two way calling service in the Euless rate center. The PA denied ionex's request based on practices designed to prohibit acquisition of unneeded numbering resources. ionex seeks an exception to the application of NXX assignment guidelines. ionex asked that the commission instruct the PA to release the numbering resources ionex contends are necessary to allow ionex to offer a more competitive range of services to the local businesses within the Euless service area.

Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 2, 2003. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll-free at 1-800-735-2989. All comments should reference Docket Number 27773.

TRD-200302992

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 13, 2003


Notice of Application for Waiver of Denial of Request for NXX Code

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on May 9, 2003, for waiver of denial by the North American Numbering Plan Administrator (NANPA) Pooling Administrator (PA) of applicant's request for NXX codes.

Docket Title and Number: Application of ionex telecommunications, inc. for Waiver of Denial by the NANPA of NXX Code Request in the Irving Rate Center. Docket Number 27774.

The Application: ionex telecommunications, inc. (ionex) submitted a Central Office Code (NXX) Assignment Request to the PA for the assignment of an additional NXX code to offer extended/expanded local two way calling service in the Irving rate center. The PA denied ionex's request based on practices designed to prohibit acquisition of unneeded numbering resources. ionex seeks an exception to the application of NXX assignment guidelines. ionex asked that the commission instruct the PA to release the numbering resources ionex contends are necessary to allow ionex to offer a more competitive range of services to the local businesses within the Irving service area. Furthermore, ionex stated that if the waiver is granted, the ionex numbering administrator will be able to donate nine of the blocks from the full code to the pooling efforts within the service area.

Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 2, 2003. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll-free at 1-800-735-2989. All comments should reference Docket Number 27774.

TRD-200302993

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 13, 2003


Notice of Application for Waiver of Denial of Request for NXX Code

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on May 9, 2003, for waiver of denial by the North American Numbering Plan Administrator (NANPA) Pooling Administrator (PA) of applicant's request for NXX codes.

Docket Title and Number: Application of ionex telecommunications, inc. for Waiver of Denial by the NANPA of NXX Code Request in the Arlington Rate Center. Docket Number 27775.

The Application: ionex telecommunications, inc. (ionex) submitted a Central Office Code (NXX) Assignment Request to the PA for the assignment of an additional NXX code to offer extended/expanded local two way calling service in the Arlington rate center. The PA denied ionex's request based on practices designed to prohibit acquisition of unneeded numbering resources. ionex seeks an exception to the application of NXX assignment guidelines. ionex asked that the commission instruct the PA to release the numbering resources ionex contends are necessary to allow ionex to offer a more competitive range of services to the local businesses within the Arlington service area.

Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 2, 2003. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll-free at 1-800-735-2989. All comments should reference Docket Number 27775.

TRD-200302994

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 13, 2003


Notice of Petition for Suspension of a Certificate to Provide Retail Electric Service

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 1, 2003, for suspension of a retail electric provider (REP) certification, pursuant to § §39.101- 39.109 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Petition of UBS AG, Acting Through its London Branch, for Suspension of Retail Electric Provider (REP) certificate, Docket Number 27725 before the Public Utility Commission of Texas.

Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 30, 2003. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket No. 27725.

TRD-200302976

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 13, 2003


Public Notice of Amendment to Interconnection Agreement

On May 2, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas and AT&T Communications of Texas, LP, 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 27731. 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 27731. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 4, 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 27731.

TRD-200302851

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 8, 2003


Public Notice of Amendment to Interconnection Agreement

On May 2, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas and Comm South Companies, Inc. doing business as Texas Comm South, 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 27740. 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 27740. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 4, 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 27740.

TRD-200302852

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 8, 2003


Public Notice of Amendment to Interconnection Agreement

On May 2, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas and Birch Telecom of Texas, Ltd, LLP, 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 27741. 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 27741. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 4, 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 27741.

TRD-200302853

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 8, 2003


Public Notice of Amendment to Interconnection Agreement

On May 7, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas and Birch Telecom of Texas, Ltd, LLP, 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 27756. 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 27756. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 6, 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 27756.

TRD-200302907

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 9, 2003


Public Notice of Amendment to Interconnection Agreement

On May 7, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas and Allegiance Telecom of Texas, Incorporated, 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 27757. 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 27757. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 6, 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 27757.

TRD-200302908

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 9, 2003


Public Notice of Amendment to Interconnection Agreement

On May 7, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas and Ionex Communications South, Incorporated, 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 27758. 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 27758. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 6, 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 27758.

TRD-200302909

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 9, 2003


Public Notice of Amendment to Interconnection Agreement

On May 7, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas and CoServ, LLC doing business as CoServ Communications, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2003) (PURA). The joint application has been designated Docket Number 27759. 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 27759. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 6, 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 27759.

TRD-200302910

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 9, 2003


Public Notice of Amendment to Interconnection Agreement

On May 8, 2003, Southwestern Bell Telephone, L.P. doing business as SBC Texas and Rosebud Telephone, L.C. 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 27766. 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 27766. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 10, 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 27766.

TRD-200302996

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 13, 2003


Public Notice of Amendment to Interconnection Agreement

On May 9, 2003, Southwestern Bell Telephone, L.P. doing business as SBC Texas and Talk America, Incorporated doing business as Talk America Communications, Incorporated, 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 27778. 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 27778. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 11, 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 27778.

TRD-200302977

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 13, 2003


Public Notice of Amendment to Interconnection Agreement

On May 12, 2003, Southwestern Bell Telephone, L.P. doing business as SBC Texas and Accutel of Texas, L.P., 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 27785. 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 27785. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 12, 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 27785.

TRD-200302979

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 13, 2003


Public Notice of Interconnection Agreement

On May 8, 2003, United Telephone Company of Texas, Incorporated doing business as Sprint, Central Telephone Company of Texas doing business as Sprint, and Cumby Telephone Cooperative, Incorporated, collectively referred to as applicants, filed a joint application for approval to adopt the rates, terms, and conditions of a previously-approved interconnection agreement adopted pursuant to the §252(e) 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 27765. 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 27765. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 10, 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 27765.

TRD-200302912

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 9, 2003


Public Notice of Interconnection Agreement

On May 8, 2003, Southwestern Bell Telephone, LP doing business as SBC Texas and Satellink Communications, Incorporated, 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 27768. 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 27768. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 10, 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 27768.

TRD-200302914

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 9, 2003


Public Notice of Interconnection Agreement

On May 9, 2003, Livingston Telephone Company and Nextel Communications, Incorporated doing business as Nextel of Texas, Incorporated, 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 27779. 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 27779. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by June 11, 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 27779.

TRD-200302978

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 13, 2003


Public Notice of Workshop on Allowable Fees and Rates of Independent Organizations

The staff of the Public Utility Commission of Texas (commission) will hold a workshop regarding allowable fees and rates of independent organizations on Wednesday, June 4, 2003, at 10:00 a.m. in Hearing Room A, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 27736, Rulemaking on Allowable Fees and Rates of Independent Organizations , has been established for this proceeding. The workshop will provide an opportunity for interested persons to advise the commission staff of their views on how the ERCOT administrative fee should be determined and approved, and on any other matters relating to the administrative fee.

Ten days prior to the workshop the commission will make available in Central Records under Project Number 27736 an agenda for the format of the workshop and a copy of a draft rule. The commission requests that persons planning on attending the workshop register by phone with Rich Lain, Financial Review Division, (512) 936-7454.

Questions concerning the workshop or this notice should be referred to Rich Lain, Financial Review Division, (512) 936-7454. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200302975

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 13, 2003


Public Notice of Workshop on Amendments to §25.474 (a) - (h), Relating to Selection or Change of Retail Electric Provider

The Public Utility Commission of Texas (commission) will hold a workshop regarding amendments to Substantive Rule §25.474 (a) - (h), relating to Selection of Change of Retail Electric Provider (REP), on Wednesday, May 28, 2003, at 9:00 a.m. in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 27084, PUC Rulemaking to Revise Customer Protection Rules , has been established for this proceeding.

The commission requests that interested parties submit draft rule language and respond to the following questions prior to the workshop:

1. What amendments should be made to §25.474 regarding the general standards for authorizations and verifications of switch orders to ensure that customers are properly enrolled with their chosen REP? Please provide recommendations for specific language.

2. What amendments should be made to §25.474 regarding the methods of obtaining customer authorization and verification for customers enrolled through door-to-door solicitation, telephone solicitation and the internet? Please provide recommendations for specific language.

Please submit draft rule language and comments only on subsections (a) - (h) of §25.474. Responses may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, by May 21, 2003. All responses should reference Project Number 27084. Parties are also asked to send a copy of filed documents to the project electronic mailing list at CUSTRULE@puc.state.tx.us.

Prior to the workshop the commission will make available in Central Records under Project Number 27084 an agenda for the format of the workshop. Copies of the agenda will also be available on the commission's website at www.puc.state.tx.us.

Questions concerning the workshop or this notice should be referred to Carrie Collier, Analyst-Retail Market Oversight, Electric Division, at (512) 936-7163. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200302995

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 13, 2003


Texas Water Development Board

Applications Received

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

Lower Colorado River Authority, P. O. Box 220, Austin, Texas, 78767-0220, received January 29, 2003, application for financial assistance in the amount of $10,190,000 from the Drinking Water State Revolving Fund - Disadvantaged Community Program.

North Channel Water Authority of Harris County, P.O. Box 24338, Houston, Texas, 77229, received August 30, 2002, application for financial assistance in the amount of $3,510,000 from the Texas Water Development Funds.

Moore County Soil and Water Conservation District, 801 South Bliss, Suite 104, Dumas, Texas, 79029, received September 27, 2002, application for financial assistance in the amount of $5,343.75 from the Agricultural Water Conservation Grants Program.

Blanco-Pedernales Groundwater Conservation District, P.O. Box 1516, Johnson City, Texas, 78636, received September 30, 2002, application for financial assistance in the amount of $6,000 from the Agricultural Water Conservation Grants Program.

High Plains Underground Water Conservation District, 2930 Avenue Q, Lubbock, Texas, 79411-2499, received August 19, 2002, application for financial assistance in the amount of $10,335 from the Agricultural Water Conservation Grants Program.

Evergreen Underground Water Conservation District, 110 Wyoming Boulevard, Pleasanton, Texas, 78064, received September 30, 2002, application for financial assistance in the amount of $5,283.75 from the Agricultural Water Conservation Grants Program.

TRD-200302836

Gail L. Allan

Legal Counsel, General Counsel Office

Texas Water Development Board

Filed: May 7, 2003


Texas Workforce Commission

State Plan for Child Care and Development Fund Services

The Texas Workforce Commission (Commission) proposes the Child Care State Plan set forth in the following executive summary and available in full text at http://www.twc.state.tx.us/twcinfo/rules/prorules pursuant to the federal regulations relating to Child Care and Development Funds at 45 CFR Parts 98 and 99.

The public is invited to comment on the proposed plan and may submit comments to Donna Garrett, Child Care Services, Texas Workforce Commission Building, 101 East 15th Street, Room 130-T, Austin, Texas 78778. Comments may also be submitted to Ms. Garrett via email to Donna.Garrett@twc.state.tx.us or facsimile to (512) 463-5067.

Public Hearings will be held on the following dates to provide the public with additional opportunity to comment on the provision of child care services under the plan at the following dates and times:

June 4, 2003

10:00 A.M.

Laredo Community College

De la Garza Building, Room 101

West End Washington Street

Laredo, Texas 78040

June 11, 2003

10:00 A.M.

Holiday Inn Centre

6201 East Business Loop I-20

Odessa, Texas 79762

June 14, 2003

10:00 A.M.

North Central Workforce Development Board

2nd Floor Board Room

616 Six Flags Drive

Arlington, Texas 76011

Persons needing accommodations for the public hearings should notify Ms. Garrett.

EXECUTIVE SUMMARY OF THE TEXAS CHILD CARE DEVELOPMENT FUND PLAN FOR FFY 2004-2005

A Look Back at 2002-2003

Affordable and accessible child care services are crucial to Texas families striving to achieve self-sufficiency and financial independence. For this reason, the Texas Workforce Commission (TWC) continually focuses on providing child care services to as many children from low-income, working families as possible. In fact, there has been a 69-percent increase in the number of children served per day per year since 1996 with 109,019 children receiving care in fiscal year 2002.

TWC could not provide child care services but for the partnership with the child care industry. Since 2001, an additional 364 licensed child care centers, licensed group day homes, and registered family homes have agreed to participate in TWC's child care program - that's 6,584 child care providers or 28 percent of Texas' licensed and regulated child care providers.

TWC has also seen an increase in the number of child care facilities that have achieved the voluntary Texas Rising Star certification - from 1,537 facilities in 2001 to 1,927 as of March 2003. A certified Texas Rising Star facility has an agreement to serve TWC children and voluntarily exceeds the state's regulatory standards for health and safety, group size, child to caregiver ratio, caregiver training, and age-appropriate curricula.

To make it easier for our partners in the child care industry to submit billing claims, TWC designed and implemented an Internet Attendance Tracking System in 2002. Because payment is tied to the actual attendance of a child, this system automates the daily attendance for every child in care within a particular child care facility. By using this free service, child care businesses can more accurately report attendance and decrease the amount of time it takes to submit an invoice for payment. By the end of fiscal year 2005, TWC anticipates that at least 25 percent of the child care providers participating in the subsidized program will be using the Internet Attendance Tracking System.

TWC estimates that more than 108,000 children will be served each day in both fiscal years 2004 and 2005. While many states are experiencing budget shortfalls, including Texas, TWC plans to maintain its current level of providers, TRS providers, and services while embarking on some new initiatives that will increase our efficiency and improve child care services.

Highlights from the 2004-2005 CCDF State Plan

In fiscal 2004, TWC anticipates receiving an estimated $427,980,598 in both federal and state funds to deliver child care services to 108,553 children of low-income, working families. TWC contracts with each of the state's 28 Local Workforce Development Boards (Boards) to administer child care services, and Boards procure child care contractors to operate the child care program.

Recognizing that there have been substantial changes to subsidized child care on both a federal and state level, TWC is undergoing a Business Process Redesign (BPR) of its child care program. Through this BPR, TWC is examining all aspects of child care services - how we do business, how the Boards and their child care contractors do business, what is working and what is not, and what can be improved. The goal of Child Care BPR is to increase efficiencies, improve service delivery for all TWC customers and partners, enable program integration at multiple levels based on local needs and preferences, and to make child care services easier and more accessible to working families. The initial phase of the Business Process Redesign will be completed by January 2004.

Successful public-private partnerships are critical to child care services in Texas, especially in assuring that Texas draws down all of the federal matching child care funds. In fact, $29.8 million of the CCDF allocated to Texas will not be available unless Boards enter into partnerships with public and private entities for the $19.7 million needed as state match for CCDF. Because the Boards have proven their success in establishing these partnerships, Texas has been able to match all of the federal child care funds allocated to Texas as well as additional funds deobligated from other states. In fiscal 2002, over $24 million in donated funds from private entities and transfers and certifications from public entities was leveraged as state match.

Deciding how best to spend these available resources requires an understanding of each local community's needs and the market place. Boards establish reimbursement rates for child care services based on several factors such as ensuring an equal access to care as well as local market rates. In Spring 2003, TWC contracted with the University of Texas School of Social Work to conduct a market rate survey. The survey will include a statistically valid sample for each category of care in each of the state's 28 workforce areas. The data collection phase of the current market rate survey will be completed in late Fall 2003, and TWC will provide the results to the Boards in Spring 2004.

Improving service delivery, maximizing funds, and ensuring equal access to care contribute to increasing the availability of child care services to Texas working families. To improve accessibility, parents may submit applications and eligibility documents in a variety of ways: by mail; phone; e-mail; fax; or in person at the local workforce center or child care contractor's office. Parents may fax or e-mail applications and verification documents 24 hours a day, 7 days a week. Many Boards' contractors are also open for extended hours to accommodate the schedules and needs of working parents.

TWC and the Boards' most important customers are the children we serve. This plan includes a new section that focuses on the President's Good Start, Grow Smart initiative, which is designed to promote the early learning principles of the No Child Left Behind Act. Specifically, states are being asked to assess their progress toward developing voluntary guidelines on language, literacy, pre-reading, and numeracy skills for three and four year olds, a plan for the education and training of child care providers, and a plan for coordination across early childhood programs and funding streams.

In 2002, TWC formed a state-level work group to address increased collaboration among Head Start, Pre-kindergarten, and child care. The work group includes representatives from TWC, Head Start, Texas Education Agency, Texas Department of Protective and Regulatory Services, various nonprofit groups, and federal oversight agencies, and has expanded its mission to begin developing plans to implement Good Start, Grow Smart in Texas.

Additionally, TWC continues to maintain the Texas Rising Star (TRS) Provider Certification Program. In Spring 2003, TWC updated its TRS provider guidelines requiring all TRS providers to address early literacy in their curriculum plans. The results of this initiative will ensure that activities that promote language development and early literacy are included in TRS providers' lesson plans, and to provide children with the learning environments needed to help them prepare for school.

TWC child care services are an essential element in the development of Texas' present and future workforce. With access to affordable, safe, nurturing, and stable child care services, parents can go to work, employers gain more reliable employees, and Texas families achieve economic self-sufficiency. During the 2004-05 biennium with the anticipated resources, TWC and the Boards will work to create efficiencies in providing services, build effective public-private partnerships, make services more accessible, and promote the early learning of Texas' children while serving more than 108,000 children from low-income, working families.

TRD-200303001

John Moore

General Counsel

Texas Workforce Commission

Filed: May 14, 2003