Notices mailed April 16, 2004

TCEQ Internal Control No. 03172004-D04; Scarsdale, Ltd and Meador Partners, Ltd. (Petitioners) filed a petition for creation of Harris County Municipal Utility District No. 410 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioners are the owner of a majority in value of the land to be included in the proposed District; (2) there is only one lienholder, Lennar Homes of Texas Land and Construction, Ltd., on the property to be included in the proposed District; (3) the proposed District will contain approximately 278.6 acres located within Harris County, Texas; and (4) the proposed District is within the corporate limits of the City of Houston, Texas, and is not within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. The Petitioners have also provided the TCEQ with a certificate evidencing the consent of Lennar Homes of Texas Land and Construction, Ltd. to the creation of the proposed District. By Ordinance No. 2003-1111, effective November 25, 2003, the City of Houston, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) purchase, construct, acquire, maintain, and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of water, as more particularly described in an engineer's report filed simultaneously with the filing of the petition; and (4) purchase, construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created and permitted under State law. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $15,000,000.

TCEQ Internal Control No. 03312004-D05; Ashton Southern Trails Joint Venture, (Petitioner) filed a petition for creation of Brazoria County Municipal Utility District No. 34 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there is only one lienholder, Larelnor Developments, Inc., on the property to be included in the proposed District; (3) the proposed District will contain approximately 477.63 acres located within Brazoria County, Texas; and (4) the proposed District is within the corporate limits of the City of Pearland, Texas, and is not within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. The Petitioner has also provided the TCEQ with a certificate evidencing the consent of Larelnor Developments, Inc. to the creation of the proposed District. By Ordinance No. 1135, effective November 24, 2003, the City of Pearland gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) purchase, construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the petition; and (4) purchase, construct, acquire, improve, maintain, and operate any additional facilities, systems, plants and enterprises consistent with the purposes for which the District is created. According to the petition, the Petitioner estimates that the cost of the project will be approximately $35,000,000.

TCEQ Internal Control No. 03032004-D03; RH of Texas Limited Partnership (Petitioner) filed a petition for creation of Harris County Municipal Utility District No. 411 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the land to be included in the proposed District; (3) the proposed District will contain approximately 110.549 acres located within Harris County, Texas; and (4) the proposed District is within the corporate limits of the City of Houston, Texas, and is not within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Ordinance No. 2003-1202, effective December 16, 2003, the City of Houston, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) purchase, construct, acquire, maintain, and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of water, as more particularly described in an engineer's report filed simultaneously with the filing of the petition; and (4) purchase, construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created and permitted under State law. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $4,900,000.

INFORMATION SECTION

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

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

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

TRD-200402692

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 22, 2004

Notices mailed April 21, 2004

TCEQ Internal Control No. 02262004-D02; Elan Development, L.P., (Petitioner) filed a petition for creation of Fort Bend County Municipal Utility District No.147 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 103.279 acres located within Fort Bend County, Texas; and (4) the proposed District is within the corporate limits of the City of Rosenberg, Texas, and is not within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Ordinance No. 2003-64, effective November 18, 2003, the City of Rosenberg, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will (1) purchase, construct, acquire, provide, improve, extend, repair, maintain, and operate a waterworks and sanitary sewer system for residential, municipal, industrial and commercial purposes; (2) gather, conduct, divert, abate, amend and control local storm waters or other harmful excesses of water; and (3) purchase, construct, acquire, provide, repair, improve, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created and permitted under State law, as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $6,000,000.

TCEQ Internal Control No. 04092004-D03; 2920 Venture, Ltd. and Willow Creek Development Company, Limited (Petitioners) filed a petition for creation of Harris County Municipal Utility District No. 401 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioners are the owners of a majority in value of the land to be included in the proposed District; (2) there is no lien holder on the property to be included in the proposed District; (3) the proposed District will contain approximately 440.9016 acres located within Harris County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Ordinance No. 2004-157, effective March 16, 2004, the City of Houston, Texas gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) purchase, construct, acquire, improve, extend, maintain, and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) purchase, construct, acquire, improve, extend, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of water, as more particularly described in an engineer's report filed simultaneously with the filing of the petition; and (4) construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created and permitted under State law. The petition further states that the proposed District may: (1) finance one or more facilities designed or utilized to perform fire-fighting services; and (2) purchase interests in land and purchase, construct, acquire, improve, extend, maintain, and operate improvements, facilities, and equipment for the purpose of providing parks and recreational facilities permitted under State law. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $40,000,000.

TCEQ Internal Control No. 03192004-D01; Land Barons XX Conroe 538, J.A. Ltd. and Texas Investment and Development Company, Inc. (Petitioners) filed a petition for creation of Montgomery County Municipal Utility District No. 92 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) Land Barons XX Conroe 538, J.A. Ltd. is the owner of a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 519.577 acres located within Montgomery County, Texas; and (4) the proposed District is within the corporate limits of the City of Conroe, Texas and is not within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Resolution No. 2701-03, effective March 31, 2003, the City of Conroe, Texas gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) purchase, construct, acquire, improve, maintain, and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of water, as more particularly described in an engineer's report filed simultaneously with the filing of the petition; and (4) construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created and permitted under State law. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $15,000,000.

INFORMATION SECTION

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

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

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

TRD-200402783

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 27, 2004

Notices mailed April 13, 2004 through April 15, 2004.

APPLICATION NO. 5780; Ashton-Dallas Residential, LLC, 13800 Montfort Drive, Ste. 100, Dallas, Texas 75240, applicant, seeks a Water Use Permit pursuant to Texas Water Code (TWC) 11.121, and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. Applicant seeks to construct and maintain a reservoir on an unnamed tributary of Hickory Creek, tributary of the Trinity River, Trinity River Basin, in Denton County, for in-place recreation purposes. The proposed lake will have a surface area of 7.04 acres and impound 72.59 acre-feet of water and will be a retention pond/amenity in a residential development in Denton County, Texas. The centerline of the dam will be at Latitude 33.153 N, Longitude 97.105 W also described as bearing S 31.838 W, 1479.94 feet from the southwest corner of the Eli Pickett Survey, Abstract No. 1018, approximately 4.7 miles SSE of Denton, Texas. Applicant has indicated that the reservoir will be maintained at the normal operating level using ground water. No diversions are requested. The application was received on March 19, 2002. The Executive Director reviewed the application and determined it to be administratively complete on May 28, 2002. Written public comments and requests for a public meeting should be submitted to 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.

TEMPORARY APPLICATION NO. 5835; Intercontinental Terminals Company, 1943 Battleground Road, Deer Park, Texas, 77536, seeks a temporary Water Use Permit pursuant to Texas Water Code (TWC)11.138 and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. Intercontinental Terminals Company has applied for a temporary permit for authorization to divert 80 acre-feet of water at a maximum of 3.342 cfs (1,500 gpm) from the Houston Ship Channel, San Jacinto River Basin for hydrostatic testing in Harris County within a period of three years. Applicant seeks to divert from Segment 1005, located 15 miles east from Harris, and northeast from Deer Park, Texas, a nearby town. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The temporary permit, if issued, will be junior in priority to all senior and superior water rights in the San Jacinto River Basin. The application was received on February 25, 2004 and additional information and fees were received on April 1, 2004. The application was accepted for filing and declared administratively complete on April 5, 2004. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below by May 6, 2004.

Information Section

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

The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the 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-200402691

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 22, 2004

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on April 21, 2004, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Enviro Save Oil Recovery Company of America; SOAH Docket No. 582-04-3547; TCEQ Docket No. 2002- 0887-MSW-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Enviro Save Oil Recovery Company of America on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239-3300.

TRD-200402786

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 27, 2004

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on April 21, 2004, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Majic Market, Inc. dba Brown Trail Fina; SOAH Docket No. 582-04-1397; TCEQ Docket No. 2003-0227-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Majic Market, Inc. dba Brown Trail Fina on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239-3300.

TRD-200402785

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 27, 2004

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 7, 2004 . 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 7, 2004 . 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: Albertson's Inc. dba Albertson's Express 936; DOCKET NUMBER: 2004- 0055-AIR-E; IDENTIFIER: Regulated Entity Identification Number RN102988730; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: gasoline dispensing; RULE VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by failing to prevent the transfer of gasoline which may be used as a motor fuel in the El Paso County area with a Reid vapor pressure (RVP) greater than 7.0 pounds per square inch absolute (psia); PENALTY: $816; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(2) COMPANY: City of Arp; DOCKET NUMBER: 2003-1346-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10511-001, Regulated Entity Identification Number RN101720498; LOCATION: Arp, Smith County, Texas; TYPE OF FACILITY: domestic wastewater system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10511-001, and the Code, §26.121(a), by failing to comply with the effluent limitations and monitoring requirements; PENALTY: $3,584; ENFORCEMENT COORDINATOR: Cari Bing, (512) 239-1445; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(3) COMPANY: BASF Corporation; DOCKET NUMBER: 2003-0222-AIR-E; IDENTIFIER: Air Account Number BL-0021-O; LOCATION: Freeport, Brazoria County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 8074A, and THSC, §382.085(a) and (b), by failing to prevent the release of unauthorized and excessive emissions; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Bella Firma Development Inc. dba Granbury Mobile Home Park; DOCKET NUMBER: 2002-1356-MLM-E; IDENTIFIER: Public Water Supply (PWS) Number 1110086; LOCATION: Granbury, Hood County, Texas; TYPE OF FACILITY: mobile home park with on-site sewage (Facility A) and PWS (Facility B); RULE VIOLATED: 30 TAC §312.145(a), by failing to keep trip tickets for all loads of septage leaving Facility A; the Code, §26.121(a), by failing to prevent unauthorized discharges at Facility A; the Code, §26.039, by failing to report unauthorized discharges at Facility A; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices at Facility B; 30 TAC §290.42(k), by failing to compile and maintain a plant operations manual at Facility B; 30 TAC §290.43(d)(3), by failing to equip air lines with filters or other devices to prevent compressor lubricants from entering the pressure tank at Facility B; 30 TAC §290.43(c)(2), by failing to maintain the roof hatch in a locked position at all times at Facility B; and 30 TAC §290.41(c)(3)(A), by failing to provide a well diggers log for review at Facility B; PENALTY: $600; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588- 5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Broaddus Enterprises, Inc.; DOCKET NUMBER: 2003-1189-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Numbers 28634, 4266, and 45113, Regulated Entity Reference Numbers RN101488708, RN100609361, and RN101494862; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: convenience stores with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew its TCEQ delivery certificate in a timely manner at Picky's Pantry, Tarrytown Chevron, and Bee Caves Chevron; 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467, by failing to make available to a common carrier a valid, current delivery certificate prior to accepting a regulated substance into the underground storage tanks (USTs) at Picky's Pantry, Tarrytown Chevron, and Bee Caves Chevron; 30 TAC §334.49(e)(2)(B)(ii) and the Code, §26.3475(d), by failing to record and maintain the results of all tests and inspections of any impressed current cathodic protection system conducted at Tarrytown Chevron; 30 TAC §34.50(b)(1)(A) and the Code, §26.3475, by failing to monitor a UST in a manner that will detect a release at a frequency of at least once every month, not to exceed 35 days between each monitoring, at Tarrytown Chevron; 30 TAC §334.7(a)(1) and the Code, §26.346, by failing to register a UST with the TCEQ at Tarrytown Chevron; 30 TAC §334.49(a) and (b) and the Code, §26.3475, by failing to provide corrosion protection for a UST containing waste oil at Bee Caves Chevron; 30 TAC §334.49(c)(4) and the Code, §26.3475, by failing to inspect or test the UST corrosion protection system within three - six months after installation and at a subsequent frequency of at least every three years; and 30 TAC §334.50(b)(1)(A) and the Code, §26.3475, by failing to provide a method of release protection for a UST containing waste oil; PENALTY: $25,200; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(6) COMPANY: BP Amoco Chemical Company; DOCKET NUMBER: 2004-0036-PST-E; IDENTIFIER: PST Facility Identification Number 12999; LOCATION: near Alvin, Brazoria County, Texas; TYPE OF FACILITY: PSTs; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and the Code, §26.346(a), by failing to ensure the renewal of a previously issued UST delivery certificate; and 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid and current delivery certificate before accepting the delivery of a regulated substance into the UST system; PENALTY: $1,856; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: Beverly Henson dba Circle H Muffler; DOCKET NUMBER: 2003-0581-AIR- E; IDENTIFIER: Regulated Entity Number RN102938024; LOCATION: Haltom City, Tarrant County, Texas; TYPE OF FACILITY: vehicle muffler repair; RULE VIOLATED: 30 TAC §114.50(d)(2) and THSC, §382.085(b), by issuing or allowing the issuance of emission certificates without performing any of the emission tests; PENALTY: $5,063; ENFORCEMENT COORDINATOR: Rick Ciampi, (512) 239-3119; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: The City of Corpus Christi; DOCKET NUMBER: 2003-1347-MWD-E; IDENTIFIER: TPDES Permit Number 10401-005; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: municipal wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10401-005, and the Code, §26.121(a), by failing to prevent the unauthorized discharge of wastewater from the collection system into, or adjacent to, waters in the state, and by failing to meet the permitted limit for the daily maximum two-hour peak flow for the months of September and October 2002; PENALTY: $66,125; ENFORCEMENT COORDINATOR: Cari Bing, (512) 239-1445; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas, 78412-5503, (361) 825-3100.

(9) COMPANY: The Dow Chemical Company; DOCKET NUMBER: 2003-1507-AIR-E; IDENTIFIER: Air Account Number HG0769O; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §113.130 and §115.356, 40 Code of Federal Regulations (CFR) §63.181(d), and THSC, §382.085(b), by failing to maintain fugitive emission records that contained the minimum information required; and 30 TAC §116.115(c) and Air Permit Number 19921, by failing to perform quarterly ammonia sampling on the inlet wastewater flow to the wastewater treatment facility; PENALTY: $12,535; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: Duke Energy Field Services LLC; DOCKET NUMBER: 2003-1232-AIR-E; IDENTIFIER: Air Account Number JE-0769-P, Regulated Entity Identification Number RN100542349; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: gas plant; RULE VIOLATED: 30 TAC §106.512(2)(C)(i) - (iii) and THSC, §382.085(b), by failing to replace the oxygen sensors, failing to record measurements of oxides of nitrogen (NO _x ) and carbon monoxide (CO) emissions as soon as practicable but no later than seven days following the replacement of the oxygen sensors, and by failing to conduct NO _x and CO performance testing for the compressor engine within 60 days of initial startup and biennially thereafter; 30 TAC §101.20(1) and 40 CFR §60.487(c)(2)(i), by failing to report fugitive leaks and a plant shutdown in the semi-annual reports for the period from January 1, 2001 - December 31, 2003; 30 TAC §§122.143(4), 122.145(2)(A), and 122.511(b)(1) and (b)(2) and Federal Operating Permit O-02128, by failing to include the deviation reports for the periods from January 1, 2001 - December 31, 2002, the unreported fugitive monitoring leaks for the period from February 1, 2001 - July 31, 2002 and for the period from January 1, 2001 - June 30, 2001, and an unreported shutdown occurring on June 18, 2001; and 30 TAC §§101.27(c)(1), 290.51(a)(3), 334.128(a), and 335.323, by failing to pay annual facility fees; PENALTY: $28,875; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(11) COMPANY: City of Duncanville; DOCKET NUMBER: 2003-1174-PST-E; IDENTIFIER: PST Facility Identification Number 45773, Regulated Entity Identification Number RN102849718; LOCATION: Duncanville, Dallas County, Texas; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §334.8(c)(5)(B)(ii) and the Code, §26.346(a), by failing to ensure that a delivery certificate is renewed in a timely and proper manner by the submission of a new UST registration and self-certification form; and 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to ensure that a valid TCEQ delivery certificate was posted before accepting delivery into the USTs; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Rick Ciampi, (512) 239-3119; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: Eli Sasson; DOCKET NUMBER: 2003-1174-PST-E; IDENTIFIER: TPDES Permit Number 0011414-002, Regulated Entity Identification Number RN101525137; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: domestic wastewater system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 0011414-002, and the Code, §26.121(a), by failing to comply with permitted effluent limits for total suspended solids (TSS), total nitrogen ammonia (NH ₃ -N), and flow; PENALTY: $4,200; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: ExxonMobil Oil Corporation; DOCKET NUMBER: 2003-1234-AIR-E; IDENTIFIER: Air Account Number JE-0149-F, Regulated Entity Identification Number RN102553336; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: tank farm; RULE VIOLATED: 30 TAC §116.115(b)(1), Permit Number 99, General Condition Number 7F, and THSC, §382.085(b), by failing to monitor 74 components in volatile organic compounds service on a quarterly basis; 30 TAC §113.230 and §116.814(a) and Voluntary Emission Reduction Permit Number 49131, by failing to conduct monthly visual, audible, and/or olfactory inspections within the operating area and on all equipment in gasoline service; and 30 TAC §122.145(2)(A), by failing to submit a deviation report to document the failure to conduct monthly visual, audible, and/or olfactory inspections within the operating area and on all equipment in gasoline service; PENALTY: $4,800; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(14) COMPANY: ExxonMobil Oil Corporation; DOCKET NUMBER: 2002-0722-AIR-E; IDENTIFIER: Air Account Number JE-0067-I, Air Permit Numbers 19566/PSD-TX-768M1, 18277/PSD-TX-802, 18276, 1202, and 655; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: petrochemical refining; RULE VIOLATED: 30 TAC §§101.20(1) and (3), 113.340, and 116.115(c), 40 CFR §§60.592(a), 60.482-7(d)(1), and 63.648(a), Air Permit Number 19566/PSD-TX-768M1, and THSC, §382.085(b), by failing to repair valve 3005 while the hydrocracker facility was shutdown; 30 TAC §115.354(2)(C) and 40 CFR §60.482-7(a), by failing to perform monthly monitoring of accessible valves following installation or discovery in order to establish two consecutive months of leak-free operation; 40 CFR §60.487(c)(2)(i), by failing to report valve 5922 in the semi-annual equipment leaks report for the period from July 1, 2000 - December 31, 2000; 30 TAC §111.111(a)(4)(A)(ii), by failing to record daily notations for 24 days in the flare log for process flares from January 1, 2001 - December 31, 2001; 30 TAC §116.115(b)(2)(G) and (c) and maximum allowable emission rate (MAER), by failing to limit sulphur dioxide (SO ₂ ) emissions, by failing to limit emissions of CO, particulate matter of ten microns or greater, and NOx , failing to limit the hourly CO emissions from the hydrocracker stabilizer reboiler heater H-3304 stack during an event which occurred December 12, 2001, and by failing to limit the hydrocracker's fuel gas concentration of hydrogen sulfide to less than 150 parts per million by volume; Air Permit Numbers 18277/PSD-TX-802 and 18276, by failing to limit the SO ₂ emissions from 14 emission points during events which occurred July 22 and December 20, 2001 and January 21, 2002; Air Permit Number 1202, by failing to limit SO ₂ emissions from boiler 22 to the applicable permitted MAER limits during an event which occurred June 15, 2001; 30 TAC §115.354(4), by failing to monitor a pressure relief valve within 24 hours after it vented to the atmosphere; 30 TAC §115.352(2), by failing to repair valves within 15 days after leaks were detected; Air Permit Number 655, by failing to provide a carbon absorption system; and 40 CFR §60.482-9(a), by failing to repair a valve when the emissions of purged material resulting from immediate repair are not greater than the fugitive emissions likely to result from the delay of repair; PENALTY: $150,462; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(15) COMPANY: Georgia-Pacific Corporation; DOCKET NUMBER: 2003-1356-AIR-E; IDENTIFIER: Air Account Number LH-0026-B, Regulated Entity Identification Number RN100217967; LOCATION: Cleveland, Liberty County, Texas; TYPE OF FACILITY: plywood and lumber manufacturing; RULE VIOLATED: 30 TAC §101.359 and THSC, §382.085(b), by failing to submit Form ECT-1, Annual Compliance Report, in a timely manner; and 30 TAC §334.22(a), by failing to pay outstanding tank fees; PENALTY: $2,320; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(16) COMPANY: GEUS; DOCKET NUMBER: 2003-1583-AIR-E; IDENTIFIER: Air Account Number HV0023K; LOCATION: Greenville, Hunt County, Texas; TYPE OF FACILITY: steam power plant; RULE VIOLATED: 30 TAC §122.146(1) and (2) and Permit Number O-00001, by failing to submit in a timely manner the annual compliance certification for the reporting periods of October 5, 1999 - October 4, 2000, October 5, 2001 - October 4, 2002, and October 5, 2002 - October 4, 2003; and 30 TAC §122.145(2)(B) and (C), by failing to submit in a timely manner a semi- annual deviation report that covers six months only; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(17) COMPANY: Gilbert Food Stores, Inc. dba Northend Grocery; DOCKET NUMBER: 2004- 0010-PST-E; IDENTIFIER: PST Facility Identification Number 04196, Regulated Entity Reference Number RN101752517; LOCATION: Princeton, Collin County, Texas; TYPE OF FACILITY: convenience store with sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(5)(B)(ii) and the Code, §26.346(a), by failing to ensure that a delivery certificate is renewed in a timely and proper manner; and 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to have a copy of a valid, current TCEQ delivery certificate before accepting delivery of the regulated substance into the UST; PENALTY: $1,632; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(18) COMPANY: Girl Scouts of South Texas Council dba Camp Wind A Mere; DOCKET NUMBER: 2003-1197-PWS-E; IDENTIFIER: PWS Identification Number 0840142; LOCATION: Alvin, Brazoria County, Texas; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.109(f), (c)(3), and (g), by failing to comply with the maximum contaminate level for total coliform, by failing to take repeat samples following a positive coliform sample, and by failing to provide public notification for sampling deficiencies; PENALTY: $1,240; ENFORCEMENT COORDINATOR: Walter Lassen, (512) 239-0513; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: Gorham Pet Rest Cremation Services, Inc., formerly Pet Rest Cremation Services; DOCKET NUMBER: 2003-1385-AIR-E; IDENTIFIER: Air Account Number TH-0746-V; LOCATION: Pflugerville, Travis County, Texas; TYPE OF FACILITY: pathological cremation service; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 42846, and THSC, §382.085(b), by failing to post the manufacturer's recommended operating instructions near the incinerator, failing to certify the continuous emissions monitoring system within 180 days of startup of the incinerator; failing to calibrate, maintain, and operate the stack temperature, oxygen (O ₂ ), and CO monitors in accordance with the manufacturer's instructions and recommendations; failing to maintain continuous temperature, O ₂ , and CO recorder charts; and by failing to submit a log of occurrences of noncomplying conditions on a quarterly basis; PENALTY: $924; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(20) COMPANY: Hill Country Bible Church Inc.; DOCKET NUMBER: 2003-1550-EAQ-E; IDENTIFIER: Edwards Aquifer File Number 11-02060607B; LOCATION: near Austin, Williamson County, Texas; TYPE OF FACILITY: church; RULE VIOLATED: 30 TAC §213.4(k), the Code, §26.121(a), and Edwards Aquifer Protection Plan File Number 11-02060607B, by failing to prevent the unauthorized discharge of sediment-laden water to a tributary of Buttercup Creek, within the Edwards Aquifer recharge zone; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Michelle Harris, (512) 239-0492; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(21) COMPANY: I.B.D. Corp. dba Jamies Food Store 1; DOCKET NUMBER: 2004-0015- PST-E; IDENTIFIER: PST Registration Number 49421; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail gasoline sales; RULE VIOLATED: 30 TAC §334.8(c)(5)(B)(ii), by failing to submit to the TCEQ a UST registration and self- certification form to renew the previously issued delivery certificate before the expiration date; and 30 TAC §334.8(c)(5)(A)(i), by failing to make available to the common carrier a valid, current delivery certificate before accepting delivery of a regulated substance into a UST; PENALTY: $1,632; ENFORCEMENT COORDINATOR: Chris Friesenhahn, (210) 490-3096; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(22) COMPANY: KMCO, L.P.; DOCKET NUMBER: 2004-0202-AIR-E; IDENTIFIER: Air Account Number HG-0426-B; LOCATION: Crosby, Harris County, Texas; TYPE OF FACILITY: industrial chemicals manufacturing; RULE VIOLATED: 30 TAC §101.359 and THSC, §382.085(b), by failing to submit Form ECT-1, Annual Compliance Report, in a timely manner; PENALTY: $2,860; ENFORCEMENT COORDINATOR: Christina McLaughlin, (512) 239-6589; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(23) COMPANY: Matagorda County Water Control and Improvement District No. 5; DOCKET NUMBER: 2003-0061-MWD-E; IDENTIFIER: TPDES Permit Number 10217-001; LOCATION: Blessing, Matagorda County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: TPDES Permit Number 10217-001 and the Code, §26.121(a), by failing to comply with permitted effluent limits; PENALTY: $5,200; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(24) COMPANY: Mesquite Landfill TX, LP; DOCKET NUMBER: 2003-1478-MSW-E; IDENTIFIER: Municipal Solid Waste (MSW) Disposal Permit Number 556, Regulated Entity Reference Number RN100217942; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: landfill; RULE VIOLATED: 30 TAC §330.134, by failing to prevent ponding of water on Tract A; 30 TAC §330.133(b), (f), and (g) and THSC, §361.013(d), by failing to provide intermediate cover, failing to promptly repair erosion by restoring the intermediate cover material on Tract B, and failing to maintain an intermediate cover application log; PENALTY: $2,050; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) 239-4489; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(25) COMPANY: Mohammad Frotan dba Mos Exxon; DOCKET NUMBER: 2004-0063-PST-E; IDENTIFIER: PST Facility Identification Number 73447, Regulated Entity Reference Number RN101545770; LOCATION: Lavon, Collin County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(5)(C), by failing to ensure that the UST is properly identified on the facility's registration and self-certification form; 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a delivery certificate in a timely and proper manner by submitting a new UST registration and self-certification form; and 30 TAC §334.8(c)(5)(A)(I) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current delivery certificate before delivery of a regulated substance into the USTs; PENALTY: $2,160; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(26) COMPANY: City of Pampa; DOCKET NUMBER: 2003-1312-AIR-E; IDENTIFIER: Air Account Number GH0055U, Regulated Entity Reference Number RN100211416; LOCATION: near Pampa, Gray County, Texas; TYPE OF FACILITY: MSW landfill; RULE VIOLATED: 30 TAC §122.130(b)(1), 40 CFR §60.752(c)(1), and THSC, §382.054, by failing to submit a Title V Federal Operating Permit application in a timely manner; and 30 TAC §101.20(1) and 40 CFR §60.757(a)(1)(i) and (2), by failing to submit a complete design capacity report in a timely manner; PENALTY: $2,600; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(27) COMPANY: Gilbert Reyes dba Party Time; DOCKET NUMBER: 2004-0067-AIR-E; IDENTIFIER: Air Account Number EE-0812-T, Regulated Entity Reference Number RN100810449; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by failing to prevent the transfer of gasoline from a storage vessel which may be used in a motor vehicle in the El Paso area with a RVP greater than 7.0 psia; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(28) COMPANY: Pete Gallegos Paving Inc.; DOCKET NUMBER: 2003-0515-LII-E; IDENTIFIER: unlicensed irrigator; LOCATION: Laredo, Webb County, Texas; TYPE OF FACILITY: landscape irrigation; RULE VIOLATED: 30 TAC §344.4(a) and the Code, §34.007(a), by failing to obtain a certificate of registration prior to installing a landscape irrigation system; PENALTY: $500; ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 1403 Seymour, Suite 2, Laredo, Texas 78040-8752, (956) 791-6611.

(29) COMPANY: Ranco, Inc.; DOCKET NUMBER: 2003-1423-MLM-E; IDENTIFIER: Solid Waste Registration (SWR) Number 38665, Regional Storm Water Identification Number R15STW0031, Regulated Entity Reference Number RN100687086; LOCATION: Brownsville, Cameron County, Texas; TYPE OF FACILITY: automatic climate control manufacturing; RULE VIOLATED: 30 TAC §335.62 and 40 CFR §262.11, by failing to complete a hazardous waste determination for oily water and degreasing water wastes; 30 TAC §335.6(c), by failing to provide written notification within 90 days of any changes or additional information; 30 TAC §335.10(d)(3), by failing to retain a copy of the waste manifest at the time of waste transfer; and 30 TAC §281.25(a)(4) and 40 CFR §122.26, by failing to obtain a multi-sector general permit for authorization to discharge storm water; PENALTY: $3,990; ENFORCEMENT COORDINATOR: Cari Bing, (512) 239-1445; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(30) COMPANY: Schenectady International, Inc.; DOCKET NUMBER: 2002-0971-IWD-E; IDENTIFIER: TPDES Permit Number 01961-000; LOCATION: Freeport, Brazoria County, Texas; TYPE OF FACILITY: alkyl phenol petrochemical facility with wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 01961-000, and the Code, §26.121, by failing to comply with permitted effluent limits for pH, phenol, and biochemical oxygen demand (BOD); PENALTY: $10,500; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(31) COMPANY: SET Environmental, Inc.; DOCKET NUMBER: 2003-1548-WQ-E; IDENTIFIER: TPDES Permit Number 04123; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: industrial wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 04123, and the Code, §26.121(a), by failing to comply with permitted effluent limits for chemical oxygen demand and oil and grease; and 30 TAC §335.323(a), §335.324(a), and THSC, §361.134(c) and §361.135(c), by failing to pay fees for Fiscal Year 2004; PENALTY: $1,440; ENFORCEMENT COORDINATOR: Christina McLaughlin, (512) 239-6589; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(32) COMPANY: Southwest Milam Water Supply Corporation; DOCKET NUMBER: 2003- 1527-PWS-E; IDENTIFIER: PWS Identification Number 1660015, Regulated Entity Identification Number RN101452837; LOCATION: Rockdale, Milam County, Texas; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.42(h) and the Code, §26.121(a), by failing to obtain a TCEQ permit for discharging wastes from water treatment processes; and 30 TAC §290.41(c)(1)(D), by failing to prevent livestock in pastures within 50 feet of water supply wells; PENALTY: $600; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(33) COMPANY: Southwest Shipyard, L.P.; DOCKET NUMBER: 2003-1450-IHW-E; IDENTIFIER: SWR Number 31208; LOCATION: Channelview, Harris County, Texas; TYPE OF FACILITY: barge cleaning and repair; RULE VIOLATED: 30 TAC §335.2(b), by allegedly disposing of hazardous waste at an unauthorized disposal facility and placing four 55-gallon drums of hazardous waste in a trash compactor used for class 1 plant trash; PENALTY: $17,040; ENFORCEMENT COORDINATOR: Kim Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(34) COMPANY: Spring West Municipal Utility District; DOCKET NUMBER: 2003-1532- MWD-E; IDENTIFIER: TPDES Permit Number 12579-001; LOCATION: near Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), the Code, §26.121(a), and TPDES Permit Number 12579-001, by failing to comply with permitted effluent limits for NH3 -N, TSS, five-day BOD, flow, and chlorine; PENALTY: $6,160; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(35) COMPANY: Town of Pecos City; DOCKET NUMBER: 2002-0806-MSW-E; IDENTIFIER: MSW Unauthorized Facility Numbers 455070007, 455070009, 455070010; LOCATION: in or near the Town of Pecos City, Reeves County, Texas; TYPE OF FACILITY: unauthorized MSW disposal facilities; RULE VIOLATED: 30 TAC §330.5(a), by allegedly disposing of MSW at three unauthorized facilities; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-4795.

(36) COMPANY: Universal Forest Products Texas Limited Partnership; DOCKET NUMBER: 2003-0083-IHW-E; IDENTIFIER: SWR Number 32209, Regulated Entity Identification Number RN101042950; LOCATION: Schertz, Comal County, Texas; TYPE OF FACILITY: wood preserving; RULE VIOLATED: 30 TAC §335.2(b), by failing to dispose of class 1 industrial solid waste at an authorized facility; and 30 TAC §335.10(a)(1), by failing to prepare a Texas State Manifest prior to consigning class 1 industrial solid waste to an off-site facility; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(37) COMPANY: Upper Leon River Municipal Water District; DOCKET NUMBER: 2002- 0962-MWD-E; IDENTIFIER: Sludge Registration Number 710710; LOCATION: Comanche, Comanche County, Texas; TYPE OF FACILITY: beneficial land use; RULE VIOLATED: 30 TAC §312.83(b)(6) and Sludge Registration Number 710710, by failing to meet the vector attraction reduction criteria for the selected alternative; 30 TAC §305.125(1), by failing to analyze wastewater treatment plant sludge in Fiscal Years 1999 and 2000 for arsenic, cadmium, chromium, copper, lead, mercury, molybdenum, nickel, selenium, and zinc, by failing to ensure that the total aggregate amount of any metal in the wastewater treatment plant sludge does not reach the cumulative level in Fiscal Years 1999, 2000, and 2002, and by failing to provide a facility operating plan for distribution of food chain crops for animal feed produced from facility land receiving water treatment sludge; and 30 TAC §312.47(a)(4)(B)(ii) and (iii), by failing to provide, in Fiscal Years 1999 and 2000 annual sludge reports, a description of how management practices are met for the facility and how site restrictions are met for the facility on which wastewater treatment plant sludge is applied; PENALTY: $10,304; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(38) COMPANY: Sharon K. Williams dba Williams Feed & Grocery; DOCKET NUMBER: 2003-0919-PST-E; IDENTIFIER: PST Facility Identification Number 0065791, Regulated Entity Reference Number RN101433696; LOCATION: Kountze, Hardin 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 acceptable financial assurance; PENALTY: $2,100; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(39) COMPANY: City of Wortham; DOCKET NUMBER: 2003-0579-PWS-E; IDENTIFIER: PWS Identification Number 0810003; LOCATION: Wortham, Freestone County, Texas; TYPE OF FACILITY: surface water treatment; RULE VIOLATED: 30 TAC §290.44(d) and (h)(1) and (4), by failing to properly install the air vent on the automatic air release valves on the treated water transmission/distribution line, failing to have all backflow prevention assemblies tested annually by a certified backflow prevention assembly tester and certified to be operating within specifications, and failing to provide adequate backflow protection; 30 TAC §290.46(j) and (t), by failing to have an established customer services inspection program, failing to conduct a customer service inspection, failing to complete a customer service inspection certificate prior to providing continuous water service, and failing to post a system ownership sign at the raw water production facilities that includes an emergency telephone number; 30 TAC §290.42(d)(2) and §290.46(m)(4), by failing to maintain all water plant facilities; 30 TAC §290.43(c)(2), by failing to provide the roof hatch with a gasket that was sufficient to form a positive seal; 30 TAC §290.46(f)(3)(B)(v) and (s) by failing to properly conduct calibration checks; 30 TAC §290.42(d)(7)(A), by failing to provide each chemical feeder with an operational standby or reserve unit; 30 TAC §290.42(k) and §290.46(f)(3), by failing to update the plant operations manual; and 30 TAC §290.41(e)(2)(C), by failing to establish and mark a restricted zone of a 200-foot radius from the raw water intake works at New Wortham Lake that prohibits all recreational activities and trespassing in the area; PENALTY: $3,956; ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(40) COMPANY: Young Brothers, Inc. Contractors; DOCKET NUMBER: 2003-0569-AIR-E; IDENTIFIER: Air Account Number MB0283F, Regulated Entity Identification Number RN102311875; LOCATION: Waco, McLennan County, Texas; TYPE OF FACILITY: material unloading operation; RULE VIOLATED: 30 TAC §116.110(a) and §106.148 and THSC, §382.085(b) and §382.0518(a), by failing to obtain a permit or satisfy the conditions of a permit by rule prior to constructing or modifying a facility which may emit contaminants into the air; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

TRD-200402775

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 27, 2004

General Permit No. TXG920000; The Texas Commission on Environmental Quality (TCEQ) proposes a general permit (Proposed General Permit No. TXG920000) authorizing the discharge of manure, litter, and wastewater under specific circumstances from concentrated animal feeding operations (CAFOs) into and adjacent to water in the state. The proposed general permit applies to the entire state of Texas. General permits are authorized by Section 26.040 of the Texas Water Code and in accordance with 30 Texas Administrative Code Chapter 205.

The Executive Director has prepared a general permit that provides requirements, standards, and conditions for the proper construction, operation, and maintenance of CAFOs. If issued, the general permit will authorize the discharge of manure, litter and wastewater from concentrated animal feeding operations (CAFOs) under specific circumstances. The proposed general permit states that certain CAFOs in specific areas of the state may not be authorized under it, but must obtain an individual permit from the TCEQ. No significant degradation of high quality waters is expected and existing uses will be maintained and protected. The Executive Director proposes to require permittees to submit a Notice of Intent to obtain authorization for all discharges. A requirement for public participation has been included that will serve to notify the public of new or significant expansions in CAFO facilities.

The Executive Director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) according to Coastal Coordination Council (CCC) regulations, and has determined that the action is consistent with applicable CMP goals and policies.

A copy of the proposed general permit and fact sheet is available for viewing and copying at the TCEQ Office of the Chief Clerk located at the TCEQ's Austin office, at 12100 Park 35 Circle, Building F. These documents are also available at the TCEQ's sixteen (16) regional offices and on the TCEQ website at http://www.tnrcc.state.tx.us/permitting/waterperm/wwperm/tpdesgen.html.

You may submit public comments about this general permit. Written public comments must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711- 3087 within 30 days from the date this notice is published. After the comment period, the Executive Director will consider all the public comments and prepare a response. The response to comments will be mailed to everyone who submitted public comments or who requested to be on a mailing list for this general permit. The general permit will then be set for the Commissioners' consideration at a scheduled Commission meeting.

In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices mailed by the Office of the Chief Clerk. You may request to be added to: (1) the mailing list for this specific general permit; (2) the permanent mailing list for a specific applicant name and permit number; and/or (3) the permanent mailing list for a specific county. Clearly specify which mailing lists to which you wish to be added and send your request to the TCEQ Office of the Chief Clerk at the address above. Unless you otherwise specify, you will be included only on the mailing list for this specific general permit.

If you need more information about this general permit 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 by calling Darrell Williams at (512) 239-5551.

TRD-200402808

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 28, 2004

The Texas Commission on Environmental Quality (TCEQ or commission) announces the availability of the draft April 2004 Update to the Water Quality Management Plan for the State of Texas (draft WQMP update).

The Water Quality Management Plan (WQMP) is developed and promulgated in accordance with the requirements of the Federal Clean Water Act, §208. The draft WQMP update includes projected effluent limits of indicated domestic dischargers useful for water quality management planning in future permit actions. Once the commission certifies a WQMP update, the update is submitted to the United States Environmental Protection Agency (EPA) for approval. For some Texas Pollutant Discharge Elimination System (TPDES) permits, the EPA's approval of a corresponding WQMP update is a necessary precondition to TPDES permit issuance by the commission. The draft WQMP update may contain service area populations for listed wastewater treatment facilities and designated management agency information.

A copy of the draft April 2004 WQMP update may be found on the commission's Web site located at http://www.tnrcc.state.tx.us/permitting/waterperm/wqmp/index.html . A copy of the draft may also be viewed at the TCEQ Library, Building A, 12100 Park 35 Circle, Austin, Texas.

Written comments on the draft WQMP update may be submitted to Nancy Vignali, Texas Commission on Environmental Quality, Water Quality Division, MC 150, P.O. Box 13087, Austin, Texas 78711-3087. Comments may also be faxed to (512) 239-4420, but must be followed up with the submission and receipt of the written comments within three working days of when they were faxed. Written comments must be submitted no later than 5:00 p.m. on June 7, 2004. For further information or questions, please contact Ms. Vignali at (512) 239-1303 or by e-mail at nvignali@TCEQ.state.tx.us.

TRD-200402693

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: April 22, 2004

The Commissioner of Insurance will hold a public hearing under Docket No. 2592 on May 26, 2004 at 10:00 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, in Austin, Texas, to consider a petition by the Texas Windstorm Insurance Association (TWIA) requesting approval of a reinsurance program to operate in concert with the catastrophe reserve trust fund established under Article 21.49, §8(i), Insurance Code. Article 21.49, §8(h)(17) provides that, with the approval of the Texas Department of Insurance, TWIA may establish a reinsurance program that operates in addition to or in concert with the catastrophe reserve trust fund.

The current reinsurance program, which was approved by the Commissioner in Commissioner's Order No. 03-0434 (May 27, 2003), expires on May 31, 2004. The new program is proposed to be effective on June 1, 2004.

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

Copies of the TWIA petition and proposed reinsurance agreement are available for review in the Office of the Chief Clerk, Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. To request copies of the petition and sample reinsurance agreement, please contact Sylvia Gutierrez at (512) 463-6327 (refer to Reference No. P-0404-04).

TRD-200402801

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 27, 2004

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

Application for admission to Texas of EMPLOYEE BENEFIT SERVICES OF LOUISIANA, INC., a foreign third party administrator. The home office is SHREVEPORT, LOUISIANA.

Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.

TRD-200402813

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 28, 2004

1.0 Name and Style of Game.

A. The name of Instant Game No. 468 is "MAGIC NUMBERS". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 468 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 468.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, $2.00, $4.00, $6.00, $10.00, $20.00, $50.00, $200, $500, $2,000, $14,000, and RABBIT SYMBOL.

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

The Panhandle Regional Planning Commission (PRPC) is soliciting bids for a contract to rent/lease three digital copiers according to the following specifications:

Electronic document handler, stackless auto duplexing, 3850+ sheet capacity, multi-position staple finisher with hole punch, network print control and network scanning, rental contract with 30-day cancellation clause, quantity (2) 47-50 copies per minute; quantity (1) 55+ copies per minute.

Bid specifications may be obtained Monday through Friday, 8:00 a.m. to 5:00 p.m., at 415 West Eighth Ave., Amarillo, Texas 79101. For further information, please contact Leslie Hardin, Facilities Coordinator, at (806) 372-3381 or lhardin@prpc.cog.tx.us.

Bids must be submitted to the Panhandle Regional Planning Commission no later than 5:00 p.m., May 21, 2004. Bids received after the indicated date and time will not be accepted or considered for award. PRPC reserves the right to reject any and all bids, to waive any irregularities in any bids or in the bidding process, and may accept the bid or bids deemed to be in its best interest.

TRD-200402846

Leslie Hardin

Facilities Coordinator

Panhandle Regional Planning Commission

Filed: April 28, 2004

Notice is given to the public of SBC Texas's application filed with the Public Utility Commission of Texas (commission) on March 30, 2004 to withdraw AutoConnect Service, pursuant to commission substantive rule §26.208.

Docket Title and Number: Application of Southwestern Bell Telephone, L.P. doing business as SBC Texas to Withdraw AutoConnect Service, Docket Number 29531.

The Application: SBC Texas filed an application to withdraw AutoConnect service. AutoConnect is a subscription service offered to business customers for a monthly charge. The service provides Directory Assistance Call Completion for no charge to customers that select a telephone number to a business subscribing to AutoConnect. SBC Texas stated the reason for the withdrawal is that the SBC Texas network group is expensive and difficult to update and maintain. In addition, SBC Texas stated the continued offering of AutoConnect Service renders SBC Texas unable to deploy enhancements to switches that would allow ten digit translations schemes. SBC Texas does not propose to grandfather current customers.

Persons wishing to comment on this application should contact the Public Utility Commission of Texas no later than May 27, 2004, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll-free 1-800-735-2989. All correspondence should refer to Docket Number 29531.

TRD-200402771

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 26, 2004

Notice is given to the public that an application was filed with the Public Utility Commission of Texas (commission) on April 7, 2004, by Leaco Rural Telephone Cooperative, Incorporated requesting exemption from certain requirements regarding Lifeline and Link Up Services.

Docket number and title: Docket Number 29572, Application of Leaco Rural Telephone Cooperative, Incorporated for Exemption of Certain Requirements in P.U.C. Substantive Rule §26.412.

Summary of petition: On April 7, 2004, Leaco Rural Telephone Cooperative, Incorporated (Leaco) filed an application, pursuant to P.U.C. Procedural Rule §22.5(b), with the commission an application for exemption from certain requirements in P.U.C. Substantive Rule §26.412. Leaco serves customers primarily in New Mexico. Of the 2,518 total access lines served by Leaco, only 13 access lines are located in Texas.

Comments: Persons wishing to comment on 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. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll- free 1-800-735-2989. All comments should reference Docket Number 29572.

TRD-200402843

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 28, 2004

The staff (Staff) of the Public Utility Commission of Texas (commission) will hold an industry workgroup regarding CLEC-to-CLEC and CLEC-to-ILEC Migration Guidelines pursuant to P.U.C. Substantive Rule §26.131 on Tuesday, June 15, 2004 from 10:00 a.m. until 2:00 p.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 29349, Industry Workgroup Regarding CLEC-to-CLEC and CLEC-to-ILEC Migrations Pursuant to P.U.C. Substantive Rule 26.131 , has been established for this proceeding. The specific purposes of the workshop are to consider the "either/or" approach to requesting number porting in certain migration scenarios and the possible exempting of telephone cooperatives from the rule. Additionally, Staff is interested in determining whether the commission's decision in Docket Number 29175 (Triennial Review Order: Batch Hot Cut Proceeding) will impact Rule §26.131. Prior to the workshop, interested persons are requested to file comments to the following questions:

1. For Network Service Providers-Switch (NSP-S), what are your current or planned procedures for implementing porting option, Option A, which allows the New Local Service Provider (NLSP) to send its porting local service request (LSR) to the Old Network Service Provider (ONSP)?

2. For NSP-Ss what are your current or planned procedures for implementing porting option, Option B, which allows the NLSP to send its porting LSR to the New Network Service Provider (NNSP)?

3. For NSP-Ss, are you capable of implementing both Option A and Option B? If not, why not?

4. If the commission determines that NSP-Ss can only offer Option A or Option B, but not both, which option should the commission adopt? Please explain the rationale behind the chosen option.

5. Will the commissioners' decision in Docket Number 29175 impact the application of Rule §26.131? If so, how?

6. Should Telephone Cooperatives be specifically excepted from Rule §26.131? Why or why not?

The foregoing questions are not exhaustive of the issues to be discussed at the workshop. The workshop will also be open for discussion of general or specific issues of interest to attendees and Staff. 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 within 20 days of the date of publication of this notice. All responses should reference Project Number 29349. Parties are urged to include everything they wish to discuss in their comments, however the commission requests that parties identify the question for which a response is being provided, and to respond to the question in sequential order. If parties wish to present anything at the workshop that was not included with the comments, it must be filed in Central Records no later than June 7, 2004 .

This notice is not a formal notice of proposed rulemaking, however, the parties' responses to the questions and comments at the workshop will assist the commission in developing a commission policy or determining the necessity for amending an existing rule.

On or before June 9, 2004 , the commission will make a workshop agenda available in Central Records under Project Number 29349. Questions concerning the workshop or this notice should be referred to Paula Hunt-Wilson, Staff Attorney, Legal and Enforcement, Telecommunications Division, (512)-936-7294 or paula.hunt-wilson@puc.state.tx.us. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200402770

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 26, 2004

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

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

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

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

TRD-200402701

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: April 22, 2004