Texas Agriculture Resources Protection Authority
Notice of Hearing
In accordance with the Texas Agriculture Code, §76.009(i) and policies
adopted by the Agriculture Resources Protection Authority (the Authority),
notice is hereby provided that the Authority will take public comment on the
status of the state's pesticide regulation efforts at its next regularly scheduled
meeting. The meeting will be held on Monday, June 7, 2004, beginning at 10:00
a.m. at the offices of the Texas Department of Agriculture located at 1700
North Congress, Room 1003A (RED Conference Room), Austin, Texas. For more
information, please contact Phil Tham at (512) 463-1093.
TRD-200403198
Dolores Alvarado Hibbs
Deputy General Counsel, Texas Department of Agriculture
Texas Agriculture Resources Protection Authority
Filed: May 12, 2004
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 April 30, 2004, through
May 6, 2004. The public comment period for these projects will close at 5:00
p.m. on June 11, 2004.
FEDERAL AGENCY ACTIONS:
Applicant: Lower Colorado River Authority
;
Location: The project is located along the Colorado River, on a 1,600-acre
tract situated west and east of FM 2031, beginning approximately 5 miles south
of the town of Matagorda and extending to the Gulf of Mexico in Matagorda
County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled:
Matagorda SW, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone
15; Easting: 208861; Northing: 3167357. Project Description: The applicant
proposes to fill 0.92-acre of wetlands during the construction of a new beach
access road. The applicant also proposes to place 68 cubic yards of fill below
the mean high water line during the construction of a bulkhead, two fishing
piers, a boat dock, and a wastewater outfall structure for the LCRA Matagorda
Bay Nature Park located along the Colorado River. The public beach access
road would extend from an existing road east-southeast to the beach, a distance
of 4,200 feet. The two fishing piers would measure eight feet wide and forty
feet long (320 square feet). The boat dock would measure eight feet wide and
fifty feet long (450 square feet). Both of the fishing piers and the boat
dock would connect to the bank via 6.5-foot wide and 30-foot long walkways
(195 square feet each). A 20-foot long bulkhead would be constructed just
north of the proposed boat dock. The outfall structure would release treated
wastewater into the Colorado River channel. The purpose of the proposed beach
access road is to establish a permanent point of public vehicular access to
the beach while allowing for one-half mile of pedestrian-only beach east of
the existing Jetty Park facility. The proposed fishing piers would be open
to the public and would be used by the LCRA during educational programs. The
proposed boat dock would be used by LCRA and others for educational and recreational
programs. The proposed bulkhead would be used by the property owner west of
the Colorado River channel to dock a barge used for transporting equipment
and vehicles to their land. The proposed wastewater outfall structure would
be the discharge point for the proposed central wastewater treatment system
for the Matagorda Bay Nature Park facilities and the existing subdivisions
adjacent to the park. A jurisdictional delineation (D-13328/(03)) has been
submitted to the Corps for verification. CCC Project No.: 04-0162-F1; Type
of Application: U.S.A.C.E. permit application #23354 is being evaluated under §404
of the Clean Water Act (33 U.S.C.A §1251-1387). Note: The consistency
review for this project may be conducted by the Texas Commission on Environmental
Quality under §401 of the Clean Water Act.
Applicant: Kahala Development, LLC
; Location:
The project is located adjacent to the Gulf of Mexico in coastal dune swale
freshwater wetlands, between 8 Mile Road and Beach Pocket Park Number 2 in
Galveston, Galveston County, Texas. The project and mitigation sites can be
located on the U.S.G.S. quadrangle map entitled: Lake Como, Texas. Approximate
UTM Coordinates in NAD 27 for the project site are: Zone 15; Easting: 316507;
Northing: 3235193; mitigation site: Zone 15; Easting: 315867; Northing: 3235325.
Project Description: The applicant proposes to place 43,500 cubic yards of
clean fill into approximately 21.53 acres of the approximately 24.12 acres
of adjacent jurisdictional freshwater wetlands existing on site for the purpose
of constructing residential housing lots. The fill material will be obtained
onsite and/or from native sources near the site (north and adjacent to FM
3005). The fill will be obtained from upland areas. The project site consists
of Phase 1 and Phase 2. A wetland delineation has been submitted and verified
by the Corps of Engineers for Phase 1 of the project (D-14079(03)). Currently,
construction is ongoing in the uplands of Phase 1 of the project site. Total
verified adjacent freshwater wetland acreage for Phase 1 is 6.978 acres. Under
this permit application, the applicant proposes to fill 5.274 acres and avoid
1.704 acres in Phase 1. Currently, the avoided freshwater wetlands are being
protected via silt fence and other appropriate sediment controls. However,
even though the applicant has avoided the wetlands, the quality of the avoided
wetlands has deteriorated significantly due to the surrounding residential
infrastructure being constructed around the wetlands. A wetland delineation
has not been submitted for Phase 2 of the project. Phase 2 of the project
proposes to impact approximately 16.256 acres of the total 17.144 acres of
wetlands existing onsite. The applicant proposes to avoid approximately 0.888
acres of wetlands in Phase 2. As mitigation the applicant proposes one of
three possible plans. The proposed site is located on a 53 acre tract north
of FM 3005 and south of Stewart Road. The proposed mitigation site appears
to contain a mixture of upland, grassland and palustrine emergent wetland
based on aerial photos. Approximately 11.5 acres of wetlands currently exist
on the tract although exact wetland boundaries still need to be delineated
on the site. The applicant has proposed three different concepts for comment.
Concept Plan 1 would result in the creation of 24 acres of freshwater wetlands;
Concept Plan 2 would result in the creation of 25-30 acres of freshwater wetlands;
and Concept 3 would result in the creation of approximately 25 acres of freshwater
wetlands. All concepts would include a grassland fringe and uplands. CCC Project
No.: 04-0163-F1; Type of Application: U.S.A.C.E. permit application #23282
is being evaluated under §404 of the Clean Water Act (33 U.S.C.A §1251-1387).
Note: The consistency review for this project may be conducted by the Texas
Commission on Environmental Quality under §401 of the Clean Water Act.
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-200403199
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: May 12, 2004
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 05/17/04 -- 05/23/04 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 05/17/04 -- 05/23/04 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-200403183
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: May 11, 2004
Request for Proposals
Workforce Solutions--Deep East Texas is seeking qualified entities to enter
into a contract to provide the following services on an individual referral
basis for the period July 1, 2004 through June 30, 2005.
Occupational skills training for persons funded under the Workforce Investment
Act Youth program, Welfare-to-Work program, and Temporary Assistance to Needy
Families program. Occupational skills training is education/training of generally
two years or less in a program that leads to a degree, certification, or licensure
that prepares an individual to enter employment in an occupation on the targeted
occupation list for Deep East Texas.
Intensive services for persons funded under the Workforce Investment Act
(WIA), Welfare-to-Work (WtW) program, and Temporary Assistance to Needy Families
(TANF) program. Intensive services are those programs or courses lasting six
months or less, not leading to a degree, certification, or licensure, that
prepare an individual to enter/re-enter employment or training. Examples of
intensive services are English-as-a-Second-Language, GED preparation, basic
skills/literacy, tutoring, and computer literacy. (Note: If any of these services
are provided in conjunction with occupational skills, they are not intensive
services but are classified as training and a separate Training Provider application
must be submitted).
Qualified programs/services are those offered to the general public at
a specified cost. Eligible entities include secondary and post-secondary education
agencies; adult, literacy and continuing education providers; for-profit and
not-for-profit providers; and community-based and charitable/faith-based organizations.
Interested parties must submit a completed Request for Information form and
meet minimum criteria for service providers set by the Board.
A Request for Information can be obtained by contacting:
Chris Gaston
Procurement/Contract Manager
Workforce Solutions--Deep East Texas
1318 S. John Redditt, Suite C
Lufkin, Texas 75904
Phone: (936) 639-8898
Fax: (936) 633-7491
E-mail: chris.gaston@twc.state.tx.us
TRD-200403068
Chris Gaston
Procurement/Contract Manager
Deep East Texas Local Workforce Development Board
Filed: May 5, 2004
Notice for Request for Qualifications for Policy Board Training in Fiduciary Responsibilities
This Request for Qualifications to interested entities is filed under Government
Code Chapter 2254.
Notice is given that as the administrative unit for the East Texas Workforce
Development Board, the East Texas Council of Governments (ETCOG) is soliciting
information, in the form of this Request for Qualifications (RFQ), for the
provision of policy board training on fiduciary responsibilities.
The East Texas Workforce Development Board is responsible for the oversight
of state and federally funded training, employment, and childcare services
in a fourteen county area around Longview and Tyler.
It is anticipated services rendered will take place over a two-day period
in September or October 2004. One day consisting of training focused on the
fiduciary responsibilities of local workforce development boards. Attendees
shall consist of members of the East Texas Workforce Development Board and
their staff. A second day of training shall be provided to community leaders
who serve on various non-profit policy boards in East Texas with emphasis
on the fiduciary responsibilities of policy boards in general.
Persons or organizations wanting to receive a Request for Qualifications
document should inquire by letter, fax, or e-mail to East Texas Council of
Governments, 3800 Stone Road, Kilgore, Texas 75662, Attention: Daniel Pippin.
The fax number for ETCOG is (903) 983-1440. The e-mail address is Daniel.Pippin@twc.state.tx.us.
Questions regarding the RFQ process can be addressed by calling (903) 984-8641.
If you wish to respond, the due date for this RFQ is June 29, 2004.
TRD-200403093
Glynn Knight
Executive Director
East Texas Council of Governments
Filed: May 7, 2004
Request for Applications Concerning Technology Immersion Pilot (TIP), Round Two
Eligible Applicants. High-need local education agencies (LEAs) or eligible
local partnerships are eligible to apply for the Technology Immersion Pilot
(TIP) grants under Request for Applications (RFA) #701-04-033. A high-need
LEA is defined as: an LEA serving at least 2,500 students from families with
incomes below the poverty line as identified by 1999 census data OR serving
more than 27% of children from families with incomes below the poverty line
as identified by 1999 census data, AND serving at least one school identified
under Title I as in need of improvement or corrective action OR having a substantial
need for assistance in acquiring and using technology as reflected on the
Texas Campus STaR Chart. An eligible partnership must include at least one
high-need LEA and at least one of the following: (1) an LEA that can demonstrate
that teachers are effectively integrating technology and proven teaching practices
into instruction, based on a review of relevant research, and that the integration
results in improvement in classroom instruction in the core academic subjects
and the preparation of students to meet challenging state academic content
and student academic achievement standards; (2) an institution of higher education
that is in full compliance with the reporting requirements of the Higher Education
Act of 1965, §207(f), as amended, and that has not been identified by
the state as low performing under that act; (3) a for-profit business or organization
that develops, designs, manufactures, or produces technology products or services
or has substantial expertise in the application of technology in instruction;
or (4) a public or private nonprofit organization with demonstrated expertise
in the application of educational technology in instruction. The partnership
may also include other LEAs, education service centers (ESCs), libraries,
or other educational entities appropriate to provide local programs. If an
eligible local partnership applies, a public school district, open-enrollment
charter school, or ESC must serve as the fiscal agent of the partnership.
Applicants who submitted an application for TIP under RFA #701-04-009 but
were not selected for funding may submit an application under this RFA.
Description. TIP is a federally funded grant program that will leverage
the state technology immersion pilot authorized by Senate Bill 396, 78th Texas
Legislature, 2003. TIP seeks to increase student achievement by providing
each student with a wireless mobile computing device, software, and online
and other learning resources. Through these grants, the Texas Education Agency
(TEA) will evaluate and test the effectiveness of technology immersion in
increasing student achievement in core academic subjects, technology proficiency,
attitudes and attendance, as well as the effect on the school environment,
personnel, and parent and community partnerships. Middle schools will be selected
to participate in an independent evaluation to determine the effectiveness
of the project. LEAs may apply for funding under the TIP only for one or more
middle schools serving only Grades 6, 7, and 8.
Dates of Project. Applicants should plan for a starting date of no earlier
than August 15, 2004, and an ending date of no later than June 30, 2006, for
the project.
Project Amount. It is anticipated that funding will be provided for approximately
30 projects, in amounts ranging from $25,000 to $750,000. This project is
funded 100% from the Elementary and Secondary Education Act, Title II, Part
D.
Selection Criteria. Applications will be funded based on the assessment
of each applicant's ability to carry out all requirements contained in the
RFA. Applications must address each requirement as specified in the RFA to
be considered for funding. The TEA reserves the right to select from the 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 #701-04-033 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 be posted on the TEA website at http://www.tea.state.tx.us/opge/disc
for viewing and downloading.
Further Information. For clarifying information about the RFA, contact
Tammy Buckner, Texas Education Agency, (512) 475-3255, or send email to tip@tea.state.tx.us.
Deadline for Receipt of Applications. Applications must be received in
the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central
Time), Tuesday, June 22, 2004, to be considered for funding.
TRD-200403221
Cristina De La Fuente-Valadez
Director, Policy Coordination Division
Texas Education Agency
Filed: May 12, 2004
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications
under Request for Applications (RFA) #701-04-028 from Head Start organizations
or other similar government-funded early childhood care and education programs.
A Head Start Program is defined as the federal program established under the
Head Start Act, 42 United States Code, 9831 et. seq., and its subsequent amendments.
Eligible applicants include public school districts, open-enrollment charter
schools, education service centers serving as fiscal agents, universities,
colleges, and non-profit and for-profit organizations that currently operate
a government-funded Head Start or similar early childhood care and education
program. Applicants must serve at least 75% low income children. Eligible
applicants will be required to identify, on a one-to-one basis, other eligible
classrooms to be served in the second year of the grant. Second year participating
classrooms will serve as the control group for evaluation of first year classrooms.
In the second year of the grant, not only will the first year classrooms continue
to receive services, but the control group classrooms will become full participants
in all aspects of the program as well. Applicants should plan their programs
and budgets for a two year program in which the number of participating classrooms
doubles in the second year. Grants must include, for the two year program,
a minimum of 10 and a maximum of 30 classrooms.
Participants in the Texas Early Education Model grant and prior Head Start-
Ready to Read grants, including 2002-2004 grants ending on August 31, 2004,
are eligible to apply to expand the program into classrooms or facilities
that did not receive services under these programs. Previously served classrooms
may not be included in this application. Recently awarded grantees whose programs
have a start date of March 15, 2004, are not eligible to apply under any circumstance.
Description. The goals of this program include: (1) providing an enhanced
educational component to an existing Head Start or similar government-funded
early child care and education program so that every child completing the
program is prepared to enter school ready to learn; (2) promoting readiness
for kindergarten by providing a significant literacy and language development
component to existing early education and childcare programs; and (3) identifying
cost effective models for pre-reading intervention. The Texas Head Start-
Ready to Read Educational Component Grant is a pre-school extension of the
Texas Reading Initiative.
Dates of Project. The Texas Head Start- Ready to Read Educational Component
Grant will be implemented during the 2004-2005 and the 2005-2006 school years.
Applicants should plan for a starting date of no earlier than September 1,
2004, and an ending date of no later than August 31, 2006.
Project Amount. A total of approximately $7.5 million is available for
the funding of approximately 10 sites. The grant request per applicant must
be a minimum of $500,000 and a maximum of $750,000.
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 grant requires early education programs to provide scientific,
research-based, pre-reading instruction so that every child completing the
program is prepared to enter school ready to learn. Special consideration
will be given to applicants who agree to impart, to teachers and staff of
other day care and early childcare facilities in their area, the knowledge
gained as a result of this grant. TEA will not award a grant to an application
receiving an average score below 70. 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 #701-04-028 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/opge/disc
for viewing and downloading.
Further Information. For clarifying information about the RFA, contact
Arnold Alaniz, Division of Discretionary Grants, Texas Education Agency, (512)
463-9269.
Deadline for Receipt of Applications. Applications must be received in
the Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday,
June 24, 2004, to be considered for funding.
TRD-200403220
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: May 12, 2004
Notice of Availability of the Draft Restoration Plan and Environmental Assessment and Federal Consistency Determination with Coastal Management Plan
AGENCIES: Texas Commission on Environmental Quality (TCEQ or commission),
Texas Parks and Wildlife Department (TPWD), Texas General Land Office (GLO),
United States Department of the Interior (DOI), and National Oceanic and Atmospheric
Administration (NOAA) (collectively the trustees).
ACTION: Notice of availability of a Draft Restoration Plan and Environmental
Assessment (Draft RP/EA) for natural resource injuries and ecological service
losses associated with the Old Gulf Oil Refinery Site (the Site) in Port Arthur,
Jefferson County, Texas, the Federal Consistency Determination for this plan
under the Texas Coastal Management Program (CMP), and a 30-day public comment
period on the Draft RP/EA and the Federal Consistency Determination beginning
May 21, 2004.
SUMMARY: Notice is hereby given that the Draft RP/EA for the Site and the
Federal Consistency Determination with the CMP related to the activities outlined
in the Draft RP/EA are available for public review and comment.
The Draft RP/EA has been prepared by the state and federal natural resource
trustees to address natural resource injuries and resource service losses
of an ecological nature resulting from releases of hazardous substances to
areas at or adjacent to the Site. The Draft RP/EA presents the trustees' assessment
of the natural resource injuries and ecological service losses in areas at
or adjacent to the Site and their proposed plan to compensate for those losses
by restoring ecological resources and services. The trustees will consider
comments received during the public comment period before finalizing the RP/EA
for these ecological losses.
The Federal Consistency Determination for this Draft RP/EA outlines the
basis for NOAA and DOI's determination that the restoration actions described
in the Draft RP/EA are consistent to the maximum extent possible, and will
be undertaken in a manner consistent with the applicable policies of the CMP.
Under federal law, federal agency activities and actions affecting the Texas
coastal zone must be consistent with the goals and policies of the CMP identified
in 31 Texas Administrative Code (TAC) Chapter 501. Under 31 TAC §506.20(c),
a determination of consistency with the CMP must be made by the federal trustees
for natural resource damage assessment and restoration plans that are the
product of a joint cooperative natural resource damage assessment by state
and federal trustees. Review of the Federal Consistency Determination is delegated
to the state trustee agencies (TCEQ, TPWD, and GLO). The state trustees will
consider all comments received during the public comment period in their evaluation
of the Federal Consistency Determination for the Draft RP/EA and will, depending
on the comments received, submit a letter of concurrence to the federal trustees.
To receive a copy of the Draft RP/EA and/or the Federal Consistency Determination
with the CMP, interested members of the public are invited to contact Richard
Seiler, Texas Commission on Environmental Quality, Remediation Division, MC
225, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2523 or fax (512)
239-4814.
DATES: Comments must be submitted in writing on or before June 21, 2004,
to Richard Seiler, Texas Commission on Environmental Quality, Remediation
Division, MC 225, P.O. Box 13087, Austin, Texas 78711-3087. The trustees will
consider all written comments prior to finalizing the RP/EA and completing
their review of the Federal Consistency Determination.
AUTHORITY: The opportunity for public review and comment on the Draft RP/EA
is required under the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA), 42 United States Code (USC) §9622(i), and
parallels the provisions included in 43 Code of Federal Regulations (CFR) §11.32(c)
of the federal natural resource damage assessment regulations.
SUPPLEMENTARY INFORMATION: The Site is located in Port Arthur, Jefferson
County, Texas and encompasses releases of hazardous substances from the Premcor
Port Arthur Refinery Site (the Old Gulf Oil Refinery Site). The Gulf Oil Company
built and began operating a refinery at this site around 1902 to refine Spindletop
crude oil. In 1984, Chevron acquired Gulf Oil Corporation. Premcor Refining
Group, Inc. purchased the refinery in 1995 from Chevron and today it refines
approximately 250,000 barrels per day of crude oil.
In a 1997 Agreed Order (Docket Number 970404IHWE; SWR Number 30004) with
Chevron, the commission identified numerous solid waste management units (SWMUs)
for remedial investigation. The Agreed Order consists of 12 ordering provisions
and five attachments that stipulate how and when remedial investigations are
to be completed.
Chevron began remediation efforts and voluntarily began to implement source
control,
in- situ
stabilization and capping
of identified wastes, excavation, etc., to address potential site- related
human health and ecological risks. Prior to the Agreed Order, Chevron had
implemented remedial actions at the Site. Chevron is expected to have completed
all on-site corrective action (remedial) construction activities by August
2005. The final remedy also included consolidating waste, performing grading
and capping within the Site's waste areas, installing controls to manage and
treat storm water run-off from inactive and completed areas, making adjustments
to dike elevations and slopes necessary to construct caps, and monitoring
to prevent areas of excessive settlement and protect against future erosion.
As planned and when implemented, the remedy selected to address the contamination
at the Site is expected to protect natural resources in the vicinity of the
Site from further or future injury.
Paralleling TCEQ's remedial investigations at the Site, the trustees evaluated
natural resource injuries and ecological service losses resulting from releases
of hazardous substances to areas at or adjacent to the Site. The trustees'
evaluation focused on natural resource injuries or service losses of an ecological
nature caused by hazardous substances at the Site based on known contamination
and anticipated remedial actions. The trustees identified polynuclear aromatic
hydrocarbons, lead, zinc, nickel, chromium, and copper as contaminants of
concern due to exceedances of designated criteria in the surface water and
sediments of habitats in areas at or adjacent to the Site. The trustees then
determined the total acreage of habitats impacted by the contaminants exceeding
these criteria.
The Draft RP/EA identifies the information and methods being used to define
the natural resource injuries and lost ecological services, including the
scale of restoration actions, and identifies the restoration actions that
are preferred to restore, replace, or acquire resources or services equivalent
to those lost.
For further information, contact Richard Seiler at (512) 239-2523 or email
TRD-200403197
Paul Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 12, 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 14, 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 14, 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: AEP Texas North Company; DOCKET NUMBER: 2003-1110-IHW-E; IDENTIFIER:
Industrial and Hazardous Waste Facility Identification Numbers 31878 and 31872;
LOCATION: San Angelo, Tom Green County, and near Girvin, Crockett County,
Texas; TYPE OF FACILITY: two power plants; RULE VIOLATED: 30 TAC §§331.7(c),
335.2(a), and 335.4, by failing to obtain a permit prior to discharging industrial
solid waste into a septic system at the San Angelo facility; 30 TAC §§331.133(a),
331.136, and 335.8, by failing to properly close a septic system at the San
Angelo facility; and 30 TAC §335.4, by failing to prevent the unauthorized
discharge of solid waste at the Rio Pecos facility; PENALTY: $6,700; ENFORCEMENT
COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 622 South Oakes,
Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(2) COMPANY: Air Liquide America Corporation; DOCKET NUMBER: 2003-0040-AIR-E;
IDENTIFIER: Air Account Number BL-0626-U; LOCATION: Freeport, Brazoria County,
Texas; TYPE OF FACILITY: industrial gas processing; RULE VIOLATED: 30 TAC §111.111(a)(4)(A)(ii)
and THSC, §382.085(b), by failing to log a daily observation as to whether
or not the flare was smoking; 30 TAC §101.20(3) and §116.115(c)
and Permit Number 32274/PSD-TX-995, by failing to maintain and properly calibrate
the continuous emissions monitoring system (CEMS) for the steam methane reformer
(SMR) and the auxiliary boiler, and failing to install a continuous flow monitor
and analyzer that provides a record of the vent stream flow and heating value
to the flare; 30 TAC §101.20(1) and (3) and Code of Federal Regulations
(CFR) §60.49b(i), by failing to submit semi-annual periodic reports from
May 1, 1998 - May 1, 2002, and failing to conduct quality assurance tests
for the SMR CEMS and the auxiliary boiler CEMS; and 40 CFR §60.18 and
Agreed Order Docket Number 2000-0565-AIR-E, by failing to demonstrate that
the flare meets the specifications of minimum heating value and maximum tip
velocity; PENALTY: $41,310; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892;
REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713)
767-3500.
(3) COMPANY: American Electric Power Services Corporation; DOCKET NUMBER:
2004- 0219-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification
Number 66444; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: office
building with underground storage tank (UST); RULE VIOLATED: 30 TAC §334.8(c)(4)(B)
and the Code, §26.346(a), by failing to ensure that the UST registration
and self-certification form is submitted in a timely and proper manner; PENALTY:
$600; ENFORCEMENT COORDINATOR: Brandon Smith, (512) 239- 4471; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: Aqua-Pure Water Supply Corporation dba Lakewood Harbor Water
Supply; DOCKET NUMBER: 2003-1464-PWS-E; IDENTIFIER: Public Water Supply (PWS)
Number 0180031; LOCATION: Meridian, Bosque County, Texas; TYPE OF FACILITY:
public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(B)(i) and (iii)
and THSC, §341.0315(c), by failing to provide the required well capacity
and the required service pumping capacity; 30 TAC §290.46(e)(3)(A) and
(n)(3), by failing to operate the production, treatment, and distribution
facilities under the direct supervision of a water works operator and failing
to provide water system records for review; PENALTY: $945; ENFORCEMENT COORDINATOR:
Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 6801 Sanger Avenue, Suite
2500, Waco, Texas 76710-7826, (254) 751-0335.
(5) COMPANY: City of Austin; DOCKET NUMBER: 2003-0025-EAQ-E; IDENTIFIER:
Edwards Aquifer Protection Program File Number 99061402; LOCATION: Austin,
Williamson County, Texas; TYPE OF FACILITY: real property; RULE VIOLATED:
30 TAC §213.4(a), by failing to obtain approval of an Edwards Aquifer
protection plan; PENALTY: $2,300; ENFORCEMENT COORDINATOR: Larry King, (512)
339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas
78758-5336, (512) 339-2929.
(6) COMPANY: Aztec Rental Center No. 2 Inc.; DOCKET NUMBER: 2004-0251-PST-E;
IDENTIFIER: PST Facility Identification Number 19646; LOCATION: Houston, Harris
County, Texas; TYPE OF FACILITY: heavy construction equipment rental with
fleet refueling; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i),
by failing to submit a PST self-certification form and by failing to make
available to a common carrier a valid, current TCEQ delivery certificate before
accepting a regulated substance into the USTs; PENALTY: $1,232; ENFORCEMENT
COORDINATOR: Christina McLaughlin, (512) 239-6589; REGIONAL OFFICE: 5425 Polk
Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(7) COMPANY: Jay Brummett and George Faddoul dba Bastrop Corner Store;
DOCKET NUMBER: 2003-0474-PST-E; IDENTIFIER: PST Facility Identification Number
45785; LOCATION: Bastrop, Bastrop County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(a)(1)(A)
and the Code, §26.3475(c) and (d), by failing to provide a method, or
combination of methods, of release detection capable of detecting release
from any portion of the UST system; and 30 TAC §334.49(c)(4)(C), by failing
to inspect and test the cathodic protection system for operability and adequacy
of protection; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Larry King, (512)
339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas
78758-5336, (512) 339-2929.
(8) COMPANY: Mukesh Patel dba Big Daddys Convenience; DOCKET NUMBER: 2004-0179-
PST-E; IDENTIFIER: PST Facility Identification Number 47061 and Regulated
Entity Identification Number (RN) 102713195; LOCATION: Point, Rains County,
Texas; TYPE OF FACILITY: convenience store with retail gasoline sales; RULE
VIOLATED: 30 TAC §334.50(a)(1)(A), (b)(1)(A), (2)(A)(i)(III) and (ii)(I),
and the Code, §26.3475(a) and (c)(1), by failing to have an acceptable
method of release detection, failing to put the automatic tank gauge into
test mode, failing to test a line leak detector, and failing to conduct a
piping tightness test; PENALTY: $1,300; ENFORCEMENT COORDINATOR: Brandon Smith,
(512) 239-4471; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756,
(903) 535-5100.
(9) COMPANY: Brazoria County Municipal Utility District No. 21; DOCKET
NUMBER: 2003-0575-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination
System (TPDES) Permit Number 14222-001; LOCATION: Houston, Brazoria County,
Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1)
and (5), TPDES Permit Number 14222-001, and the Code, §26.121(a), by
failing to comply with permitted effluent limits for total suspended solids
(TSS) and minimum chlorine residual and by failing to accurately report the
minimum chlorine residual; 30 TAC §317.7(e), by failing to accurately
report the minimum chlorine residual; and 30 TAC §317.4(a)(7), by failing
to provide stairways for basins having vertical walls; PENALTY: $2,852; ENFORCEMENT
COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk
Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(10) COMPANY: Laura Redow Karbalai dba Carby Street Mobil Home Park; DOCKET
NUMBER: 2003-1161-MWD-E; IDENTIFIER: TPDES Permit Number 14217-001; LOCATION:
Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE
VIOLATED: 30 TAC §§305.125(1), (4), (5), (9), and (11)(B) and (C),
319.7(a), 319.1, 319.9(c), 319.11(b), and 329.5(b), TPDES Permit Number 14217-001,
and the Code, §26.121(a)(1), by failing to operate and maintain the facility
to prevent unauthorized discharges, failing to maintain compliance with the
permit effluent limits for ammonia-nitrogen (NH
3
-N),
failing to submit the noncompliance notification report for the unauthorized
discharges of wastewater, failing to provide the noncompliance notification
report for NH
3
-N, failing to monitor all effluent
parameters, failing to provide copies of the completed discharge monitoring
reports, failing to provide any monitoring and reporting data, failing to
provide records adequately documenting the collection of additional samples
and field measurements, failing to provide the dissolved oxygen (DO) and pH
monitoring and instrument calibration records, failing to provide the sludge
use and disposal activity records, failing to report the correct NH
3
-N daily average concentration value, and failing to report the minimum
DO values; 30 TAC §317.4(g)(4)(B)(iii), by failing to provide adequate
blow capacity; and 30 TAC §317.6(b)(1)(E), by failing to provide forced,
mechanical ventilation in the chlorine room; PENALTY: $11,560; ENFORCEMENT
COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk
Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(11) COMPANY: Chevron U.S.A. Inc.; DOCKET NUMBER: 2004-0304-PST-E; IDENTIFIER:
PST Facility Identification Number 17941, RN100805134; LOCATION: Houston,
Harris County, Texas; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30
TAC §334.8(c)(4)(B) and the Code, §26.346(a), by failing to ensure
that the UST registration and self-certification form is submitted in an accurate
and timely manner; PENALTY: $600; ENFORCEMENT COORDINATOR: Leila Pezeshki,
(210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas
77023-1486, (713) 767-3500.
(12) COMPANY: City of Corsicana; DOCKET NUMBER: 2004-0073-AIR-E; IDENTIFIER:
Municipal Solid Waste (MSW) Permit Number 2190, RN102091998; LOCATION: Corsicana,
Navarro County, Texas; TYPE OF FACILITY: landfill; RULE VIOLATED: 30 TAC §122.121
and THSC, §382.054, by failing to obtain a Title V permit for the City
of Corsicana landfill; and 30 TAC §21.4 and the Code, §26.0135(h),
by failing to pay the annual consolidated water quality fee for Fiscal Year
2004; PENALTY: $400; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(13) COMPANY: Mike Muskrella dba County Line Market; DOCKET NUMBER: 2004-0109-
PWS-E; IDENTIFIER: PWS Number 0790234; LOCATION: Katy, Fort Bend County, Texas;
TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.110(b)(4),
by failing to maintain a minimum residual disinfectant concentration of 0.
2 milligrams per liter (mg/L) free chlorine; 30 TAC §290.41(c)(1)(F),
by failing to secure a sanitary control easement; and 30 TAC §290.51(a)(6),
by failing to pay public health service fees; PENALTY: $330; ENFORCEMENT COORDINATOR:
Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite
H, Houston, Texas 77023-1486, (713) 767-3500.
(14) COMPANY: Duke Energy Field Services, L.P.; DOCKET NUMBER: 2003-1094-AIR-E;
IDENTIFIER: Air Account Number WC-0111-F; LOCATION: near Midland, Ward County,
Texas; TYPE OF FACILITY: natural gas compressor; RULE VIOLATED: 30 TAC §106.512(2)(C)(ii)
and THSC, §382.085(b), by failing to maintain records of the quarterly
listing requirements for oxides of nitrogen (NO
x
)
and carbon monoxide; PENALTY: $1,880; ENFORCEMENT COORDINATOR: Judy Fox, (817)
588-5800; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland,
Texas 79705-5404, (915) 570-1359.
(15) COMPANY: Joe Shofner dba E Z Stop; DOCKET NUMBER: 2003-1585-PST-E;
IDENTIFIER: PST Facility Identification Number 21855; LOCATION: Center, Shelby
County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULE VIOLATED: 30 TAC §334.50(b)(2)(A)(i)(I) and (ii)(III) and the Code, §26.3475(a)
and (d), by failing to perform annual tightness tests on the pressurized piping
and by failing to perform annual line leak detector tests; 30 TAC §334.8(c)(5)(C),
by failing to physically label all tank fill pipes according to the registration/self-certification
form; and 30 TAC §334.49(c)(4)(C), by failing to inspect the cathodic
protection system and test for operability and adequacy of protection at least
once during the past three years; PENALTY: $3,120; ENFORCEMENT COORDINATOR:
Craig Carson, (512) 239- 5612; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont,
Texas 77703-1892, (409) 898-3838.
(16) COMPANY: City of Earth; DOCKET NUMBER: 2003-1368-MLM-E; IDENTIFIER:
Unauthorized MSW Site Number 455020031, RN101999431; LOCATION: Earth, Lamb
County, Texas; TYPE OF FACILITY: unauthorized waste processing and disposal;
RULE VIOLATED: 30 TAC §330.5(a), by failing to obtain a permit or other
written authorization prior to operating a waste processing and disposal site;
30 TAC §330.116, by failing to control access to an MSW facility; and
30 TAC §111.210 and THSC, §382.085(b), by failing to obtain written
authorization prior to conducting outdoor burning of waste material; PENALTY:
$5,600; ENFORCEMENT COORDINATOR: Christina McLaughlin, (512) 239-6589; REGIONAL
OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(17) COMPANY: FMC Technologies, Inc.; DOCKET NUMBER: 2003-1406-IWD-E; IDENTIFIER:
TPDES Permit Number 02611, RN100558022; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 02611, and the Code, §26.121(a), by failing to comply
with permitted effluent limits; PENALTY: $19,950; ENFORCEMENT COORDINATOR:
Merrilee Hupp, (512) 239- 4490; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486, (713) 767- 3500.
(18) COMPANY: Five Nine Seven Limited Partnership dba Ramblewood Mobile
Home Park; DOCKET NUMBER: 2003-1546-PWS-E; IDENTIFIER: PWS Identification
Number 0210006; LOCATION: Bryan, Brazos County, Texas; TYPE OF FACILITY: mobile
home park; RULE VIOLATED: 30 TAC §290.46(f)(2), by failing to provide
water system records; 30 TAC §290.45(b)(1)(F)(i) and (ii), by failing
to provide well capacity of 0.6 gallon per minute and failing to provide total
storage capacity of 200 gallons per connection; 30 TAC §290.39(j), by
failing to notify the commission prior to making any significant change or
addition to the system's production, treatment, storage, pressure maintenance,
or distribution facilities; 30 TAC §290.43(c)(3)(B), by failing to provide
an overflow pipe on the ground storage tank and failing to provide a well
casing 18 inches above the ground surface; 30 TAC §290.44(h)(4), by failing
to test the backflow prevention assembly; and 30 TAC §290.41(c)(3)(O),
by failing to provide an intruder-resistant fence; PENALTY: $1,365; ENFORCEMENT
COORDINATOR: John Schildwachter, (512) 239-2355; REGIONAL OFFICE: 6801 Sanger
Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(19) COMPANY: GSF Energy, L.L.C. dba McCarty Road Landfill Gas Recovery
Facility; DOCKET NUMBER: 2003-0656-AIR-E; IDENTIFIER: Air Account Number HG-1399-S
and Federal Operating Permit Number O-01512; LOCATION: Houston, Harris County,
Texas; TYPE OF FACILITY: landfill gas recovery; RULE VIOLATED: 30 TAC §117.205(d)(1)
and THSC, §382.085(b), by failing to comply with the NO
x
reasonably available control technology emission limit of two grams
per horsepower per hour; 30 TAC §122.210(a) and §122.217(a)(2),
by failing to submit a permit revision application; 30 TAC §101.6(a)(1)(B)
and (b)(5) and (6), (currently 30 TAC §101.201(a)(1)(B) and (b)(7)) and
THSC, §382.085(b), by failing to report the emission events to the Houston
Regional Office and to all local air programs with jurisdiction, and failing
to record in the final record of the two emission events, the individual compound
descriptive types of air contaminants; 30 TAC §116.115(c), Air Permit
Number 9635, and THSC, §382.085(b), by failing to comply with the maximum
allowable emissions rates table limits for NO
x
;
30 TAC §117.213(g)(1)(B)(i) and THSC, §382.085(b), by failing to
conduct a stack test; 30 TAC §122.145(2)(C) and THSC, §382.085(b),
by failing to submit a deviation report; and 30 TAC §101.359(H)(3) and
THSC, §382.085(b), by failing to submit Form ECT-1, Annual Compliance
Report; PENALTY: $17,136; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713)
767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(20) COMPANY: Cherian Zachariah dba J & C Mobil and dba Go For It Foods;
DOCKET NUMBER: 2003-0803-PST-E; IDENTIFIER: PST Facility Identification Numbers
14941 and 67011; LOCATION: Stafford, Fort Bend County, Texas; TYPE OF FACILITY:
convenience stores with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a)
and (b), by failing to demonstrate acceptable financial assurance; PENALTY:
$10,460; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(21) COMPANY: City of Gonzales; DOCKET NUMBER: 2004-0205-MWD-E; IDENTIFIER:
TPDES Permit Number 10488-001; LOCATION: Gonzales, Gonzales County, Texas;
TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 10488-001, and the Code, §26.121(a), by failing to
comply with the daily average permit limit of 15 mg/L for TSS at outfall 001A;
PENALTY: $3,760; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL
OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361)
825-3100.
(22) COMPANY: City of Graham; DOCKET NUMBER: 2003-0450-PWS-E; IDENTIFIER:
PWS Number 2520001, RN101386308; LOCATION: Graham, Young County, Texas; TYPE
OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.44(h)(1) and (4), by failing
to install and test backflow prevention devices; 30 TAC §290.43(c)(8),
by failing to maintain the elevated water storage tank in accordance with
commission rules and American Water Works Association standards; 30 TAC §290.42(d)(5),
by failing to provide flow measuring devices for the filter backwash and recycled
water at the surface water treatment plant; and 30 TAC §290.46(s)(1),
by failing to calibrate the flow measuring devices at the surface water treatment
plant annually; PENALTY: $16,302; ENFORCEMENT COORDINATOR: Tom Greimel, (512)
239-5690; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833,
(915) 698-9674.
(23) COMPANY: City of Graham; DOCKET NUMBER: 2003-0595-WR-E; IDENTIFIER:
PWS Number 2520001, RN101386308; LOCATION: Graham, Young County, Texas; TYPE
OF FACILITY: PWS; RULE VIOLATED: 30 TAC §288.2 and §288.30(1) and
the Code, §11.1271(a), by failing to develop and submit a water conservation
plan for a retail public water supplier; 30 TAC §288.5, by failing to
develop and submit a water conservation plan for a wholesale public water
supplier; and 30 TAC §288.22 and §288.30(4) and the Code, §11.1272(a),
by failing to develop and submit a drought contingency plan for a wholesale
public water supplier; PENALTY: $4,275; ENFORCEMENT COORDINATOR: Tom Greimel,
(512) 239- 5690; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas
79602-7833, (915) 698-9674.
(24) COMPANY: Great Plains Cattle Feeders, Inc.; DOCKET NUMBER: 2004-0240-AGR-E;
IDENTIFIER: TPDES Registration Number 0002217-000, RN102990173; LOCATION:
near Hereford, Deaf Smith County, Texas; TYPE OF FACILITY: cattle feedlot;
RULE VIOLATED: 30 TAC §321.31(a), TPDES Registration Number 0002217-000,
and the Code, §26.121(a), by failing to comply with rule requirements
regarding the unauthorized discharge of wastewater; PENALTY: $3,200; ENFORCEMENT
COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive,
Amarillo, Texas 79109-4933, (806) 353-9251.
(25) COMPANY: Harlingen Medical Center, Limited Partnership; DOCKET NUMBER:
2004- 0279-PST-E; IDENTIFIER: PST Facility Identification Number 75045, RN102961257;
LOCATION: Harlingen, Cameron County, Texas; TYPE OF FACILITY: medical center;
RULE VIOLATED: 30 TAC §334.51(b)(2)(C) and THSC, §26.347(c)(2),
by failing to equip the PST at the facility with an overfill prevention device;
30 TAC §334.8(c)(5)(B)(ii), by failing to renew a delivery certificate
in a timely and proper manner; and 334.5(b)(1)(A) and THSC, 26.3467, by failing
to make available to a common carrier a valid, current TCEQ delivery certificate
before delivery of a regulated substance into the UST; PENALTY: $1,300; ENFORCEMENT
COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 1804 West Jefferson
Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(26) COMPANY: Hunt Oil Company; DOCKET NUMBER: 2003-0642-AIR-E; IDENTIFIER:
Air Account Numbers HM-0010-V, HM-0161-W, HM-0160-B, RN100226273, RN102563863,
and RN100226315; LOCATION: near Poynor, Henderson County, Texas; TYPE OF FACILITY:
gas processing, tank battery, and water station; RULE VIOLATED: 30 TAC §122.145(2)(B)
and §122.146(1) and THSC, §382.085(b), by failing to submit five
Title V compliance certifications and associated deviation reports for General
Operating Permit (GOP) Numbers O-00159 and O-00161, at the Fairway gas plant
and the water station, for the annual reporting periods ending July 14, 1998,
1999, 2000, 2001, and 2002; and by failing to submit five Title V compliance
certifications and associated deviation reports for GOP Number O-00167, at
the central tank battery, for the annual reporting periods ending July 16,
1998, 1999, 2000, 2001, and 2002; PENALTY: $22,500; ENFORCEMENT COORDINATOR:
Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 2916 Teague Drive, Tyler,
Texas 75701-3756, (903) 535-5100.
(27) COMPANY: Inara Convenience Inc.; DOCKET NUMBER: 2003-1588-PST-E; IDENTIFIER:
PST Facility Identification Number 5590, RN101534790; LOCATION: Fort Worth,
Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULE VIOLATED: 30 TAC §334.48(c) and §334.50(d)(1)(B)(ii)
and the Code, §26.3475(a) and (c)(1), by failing to conduct effective
manual or automatic inventory control procedures for the UST systems; and
30 TAC §334.50(b), (b)(1)(A), (b)(2) and (2)(A)(i)(III), by failing to
monitor USTs for releases at least once every month, not to exceed 35 days
between each monitoring; PENALTY: $8,320; ENFORCEMENT COORDINATOR: Sushil
Modak, (512) 239-2142; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas
76118-6951, (817) 588-5800.
(28) COMPANY: J.J.S. Enterprises, Inc.; DOCKET NUMBER: 2004-0103-AIR-E;
IDENTIFIER: Air Account Number EE-0795-R, RN100813252; LOCATION: Anthony,
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 allowing the transfer of gasoline to a storage vessel and dispensed gasoline
in a motor vehicle with a Reid vapor pressure greater than seven pounds per
square inch absolute; PENALTY: $720; ENFORCEMENT COORDINATOR: Thomas Greimel,
(512) 239-5690; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso,
Texas 79901-1206, (915) 834-4949.
(29) COMPANY: J.A.M. Distributing Company; DOCKET NUMBER: 2003-1596-PST-E;
IDENTIFIER: PST Facility Identification Number T002445; LOCATION: Alvin, Brazoria
County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A),
by failing to have a valid, current delivery certificate; PENALTY: $800; ENFORCEMENT
COORDINATOR: Mac Vilas, (512) 239-2557; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(30) COMPANY: City of Jasper; DOCKET NUMBER: 2003-1123-MLM-E; IDENTIFIER:
TPDES Permit Number 10197-001, PWS Number 1210001, RN101052132, RN101385250;
LOCATION: Jasper, Jasper County, Texas; TYPE OF FACILITY: wastewater treatment
and public drinking water system; RULE VIOLATED: 30 TAC §305.125(1) and
(5) and TPDES Permit Number 10197-001, by failing to ensure that all systems
of collection, treatment, and disposal are properly operated and maintained,
failing to prevent the discharge of partially treated wastewater into, or
adjacent to, waters in the state without authorization, and failing to notify
the TCEQ in writing at least 45 days prior to the completion of the new facility;
30 TAC §319.11(c), by failing to use the prescribed procedures outlined
for conducting pollutants analysis; 30 TAC §319.7(a), by failing to maintain
adequate records of the monitoring activities; 30 TAC §290.43(c)(6) and
(d)(3) and §290.46(m)(4) and THSC, §341.036(a), by failing to ensure
that all potable water storage tanks are thoroughly tight against leakage,
failing to ensure that the facilities maintaining the air-water- volume ratio
are functioning properly, and failing to implement good housekeeping and maintenance
practices to ensure good working conditions and appearance of the system's
facilities and equipment; and 30 TAC 290.42(e)(4)(B), by failing to house
gas chlorination facilities in separate buildings or separate rooms with walls
or partitions separating electrical equipment from the chlorine facilities;
PENALTY: $15,602; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL
OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(31) COMPANY: KDT Construction, Inc.; DOCKET NUMBER: 2004-0257-OSI-E; IDENTIFIER:
On-Site Sewage Facility (OSSF) Installer Identification Number OS0006580,
RN102081106; LOCATION: Kirvin, Freestone County, Texas; TYPE OF FACILITY:
sewage system installation; RULE VIOLATED: 30 TAC §285.61(4) and THSC, §366.004
and §366.051(c), by failing to document that the owner or owner's agent
had obtained a permit prior to beginning construction of an OSSF; PENALTY:
$200; ENFORCEMENT COORDINATOR: Christopher Miller, (915) 698-9674; REGIONAL
OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(32) COMPANY: City of Lawn; DOCKET NUMBER: 2003-0324-PWS-E; IDENTIFIER:
PWS Number 2210005, RN101406916; LOCATION: Lawn, Taylor County, Texas; TYPE
OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.42(d)(11)(B)(vi)
and (h) and THSC, §341.0315(c), by failing to meet the minimum water
system capacity requirements and failing to obtain a wastewater discharge
permit for the disposal of filtration backwash water; 30 TAC §290.44(d),
by failing to maintain a minimum pressure of 35 pounds per square inch at
all points within the distribution network; 30 TAC §290.46(m)(1) and
(2), by failing to conduct annual water storage tank inspections and failing
to conduct annual internal storage tank inspections of pressure filters; 30
TAC §290.110(c)(1)(B), by failing to properly complete monthly operational
reports; 30 TAC 290.42(6)(E)(ii)(I), by failing to provide spill containment
facilities for chemical storage tanks; 30 TAC §290.43(c)(1), (2), (5),
and (8), by failing to properly screen roof vents, by failing to provide a
30-inch access opening on the Hudson and Chatham groundwater storage tanks,
by failing to properly maintain exterior surfaces on water storage facilities,
and by failing to provide proper inlet and outlet connections on water storage
facilities; PENALTY: $2,885; ENFORCEMENT COORDINATOR: Bill Davis, (512) 239-6793;
REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915)
698-9674.
(33) COMPANY: Leading Edge Aviation Services Amarillo, Inc.; DOCKET NUMBER:
2003- 0268-IHW-E; IDENTIFIER: Solid Waste Registration Number 83022; LOCATION:
Amarillo, Potter County, Texas; TYPE OF FACILITY: aircraft repainting; RULE
VIOLATED: 30 TAC §335.13(k) and 40 CFR §262.42(a)(2), by failing
to submit an exception report for not receiving an original copy of a manifest
from the designated facility within 45 days after the initial transporter
accepted the waste; and 30 TAC §335.323, by failing to pay outstanding
hazardous waste generation fees; PENALTY: $720; ENFORCEMENT COORDINATOR: Ronnie
Kramer, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas
79109-4933, (806) 353-9251.
(34) COMPANY: Nasrolah Kamalie dba Lucky Way Food Store; DOCKET NUMBER:
2003- 1576-PST-E; IDENTIFIER: PST Facility Identification Number 45459; LOCATION:
Galveston, Galveston County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b),
by failing to verify proper operation of the Stage II equipment; PENALTY:
$525; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(35) COMPANY: Mack Massey Motors, LP; DOCKET NUMBER: 2003-1282-PST-E; IDENTIFIER:
PST Facility Identification Number 18758; LOCATION: El Paso, El Paso County,
Texas; TYPE OF FACILITY: motor vehicle dealership; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii)
and (5)(A)(i), by failing to ensure that a fuel delivery certificate was renewed
in a timely and proper manner and failing to make available a valid, current
TCEQ fuel delivery certificate to a common carrier prior to receiving fuel
deliveries; PENALTY: $1,632; ENFORCEMENT COORDINATOR: Mauricio Olaya, (915)
834-4949; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas
79901-1206, (915) 834-4949.
(36) COMPANY: City of Malone; DOCKET NUMBER: 2003-1382-MWD-E; IDENTIFIER:
TPDES Permit Number 10514-001, RN102075660; LOCATION: Malone, Hill County,
Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.65
and §305.125(1), (2), and (5), TPDES Permit Number 10514-001, and the
Code, §26.121, by failing to comply with the permitted limits at outfall
001 and by discharging wastewater without a permit; PENALTY: $14,250; ENFORCEMENT
COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE: 6801 Sanger Avenue,
Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(37) COMPANY: Manchaca Service Center, Inc.; DOCKET NUMBER: 2003-1551-PST-E;
IDENTIFIER: PST Facility Identification Number 16311, RN101494904; LOCATION:
Austin, Travis County, Texas; TYPE OF FACILITY: service station with retail
sales of gasoline; RULE VIOLATED: 30 TAC §334.49(a) and (c)(2)(C) and
the Code, §26.3475(d), by failing to provide corrosion protection and
failing to ensure that the rectifier and other system components are operating
properly; and 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(b)
and (c)(1), by failing to conduct release detection; PENALTY: $5,400; ENFORCEMENT
COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE: 1921 Cedar Bend
Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(38) COMPANY: Manora Enterprises Inc. dba Mikes Short Stop; DOCKET NUMBER:
2004- 0280-PST-E; IDENTIFIER: PST Facility Identification Number 61916; LOCATION:
Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b),
by failing to perform tests to verify the proper operation of Stage II equipment;
PENALTY: $800; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL
OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(39) COMPANY: McCraw Oil Company, Inc.; DOCKET NUMBER: 2004-0009-PST-E;
IDENTIFIER: RN102080645; LOCATION: Lavon, Collin County, Texas; TYPE OF FACILITY:
fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to
have a valid, current delivery certificate; PENALTY: $4,000; ENFORCEMENT COORDINATOR:
Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588- 5800.
(40) COMPANY: Mockingbird Skillman Mobil, Inc. dba Mockingbird Mobil; DOCKET
NUMBER: 2003-1595-AIR-E; IDENTIFIER: RN102765773; LOCATION: Dallas, Dallas
County, Texas; TYPE OF FACILITY: vehicle safety and emission certification
station; RULE VIOLATED: 30 TAC §114.50(d)(1) and THSC, §382.085(b),
by allowing the issuance of an emission inspection certificate; PENALTY: $638;
ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301
Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588- 5800.
(41) COMPANY: Motiva Enterprises LLC; DOCKET NUMBER: 2003-1186-AIR-E; IDENTIFIER:
Air Account Number JE-0095-D; LOCATION: Port Arthur, Jefferson County, Texas;
TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §§101.7(a),
101.20(1), 116.115(b)(2) and (2)(G) and (c), 116.715(a), (c)(7) and (9), and
116.721(a), Air Permit Numbers 6056, 3415, and 8404, 40 CFR §60.18(c)(2)
and §60.104(a)(1), and THSC, §382.085(a) and (b), by failing to
prevent unauthorized emissions; 30 TAC §111.111(a)(1)(A) and THSC, §382.085(b),
by failing to prevent the unauthorized exceedance of opacity limits; 30 TAC §101.6(a)(1)(B),
effective until September 1, 2002, and §101.201(a)(1)(B), (2)(H), and
(b)(6) - (10), and THSC, §382.085(b), by failing to submit seven initial
notifications for reportable emissions events, failing to include the authorized
emission limits on initial reports, failing to include the compound descriptive
type of contaminants, and failing to include all required information on final
reports of emission events; 30 TAC §101.6(b)(1), effective until September
1, 2002, (4), (5), and (6), and §101.201(b)(10), and THSC, §382.085(b),
by failing to include the cause, duration, compound descriptive type of contaminants,
and total estimated quantities for all emissions and failing to create a final
record for an emission event; 30 TAC §101.211(a) and THSC, §382.085(b),
by failing to notify the agency of a maintenance event; 30 TAC §116.715(a)
and (c)(7), Air Permit Number 8404, and THSC, §382.085(b), by failing
to prevent unauthorized emissions; and 30 TAC §101.4 and §116.715(a)
and (c)(7), Air Permit Number 8404, and THSC, §382.085(a) and (b), by
failing to prevent unauthorized emissions which created a nuisance condition;
PENALTY: $517,477; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL
OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(42) COMPANY: Motiva Enterprises, LLC; DOCKET NUMBER: 2004-0045-AIR-E;
IDENTIFIER: Air Account Number JE-0095-D; LOCATION: Port Arthur, Jefferson
County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.715(a)
and (c)(7), Flexible Permit Number 8404, and THSC, §382.085(b), by failing
to maintain an emission rate below the allowable emission limits; and 30 TAC §101.201(a)(1)(B)
and THSC, §382.085(b), by failing to notify the TCEQ regional office
no later than 24 hours after the discovery of an excess opacity event; PENALTY:
$38,475; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118- 6951, (817) 588-5800.
(43) COMPANY: Nueces County Water Control & Improvement District No.
5; DOCKET NUMBER: 2003-0473-MLM-E; IDENTIFIER: TPDES Permit Number 11583-001,
PWS Number 1780010; LOCATION: near Banquete, Nueces County, Texas; TYPE OF
FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), (4),
and (5), TPDES Permit Number 11583-001, and the Code, §26.121(a), by
discharging floating solids into Banquete Creek, by allowing infiltration
and inflow in the collection system, by failing to submit the Fiscal Year
2002 annual sludge report, by failing to operate the clarification system
at the facility as designed, by failing to operate and maintain the chlorine
contact chamber as required, by failing to properly maintain the sludge drying
beds, and by failing to calibrate the automatic flow measuring device on an
annual basis or as often as necessary to ensure accuracy; and 30 TAC §290.44(h)(1)(A)
and THSC, §341.033(f), by failing to install a back-flow prevention device;
PENALTY: $6,600; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL
OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas, 78412-5503, (361)
825-3100.
(44) COMPANY: Pioneer Natural Resources USA, Inc.; DOCKET NUMBER: 2004-0230-AIR-
E; IDENTIFIER: Air Account Number MR-0121-W, RN100216050; LOCATION: Masterson,
Moore County, Texas; TYPE OF FACILITY: natural gas compression plant; RULE
VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to
submit the annual certification of compliance with Title V Operating Permit
Number O-01295; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Carolyn Lind, (903)
535-5100; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933,
(806) 353-9251.
(45) COMPANY: Praxair, Inc.; DOCKET NUMBER: 2003-0988-PST-E; IDENTIFIER:
PST Facility Identification Number 11161, RN102684974; LOCATION: Deer Park,
Harris County, Texas; TYPE OF FACILITY: fleet fueling; RULE VIOLATED: 30 TAC §37.815(a)
and (b), by failing to demonstrate acceptable financial assurance; PENALTY:
$3,030; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) 239-4489; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(46) COMPANY: Ricetec, Inc.; DOCKET NUMBER: 2003-0365-MWD-E; IDENTIFIER:
TPDES Permit Number 14068-001; LOCATION: Alvin, Brazoria County, Texas; TYPE
OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1)
and §312.43(a)(2)(B), TPDES Permit Number 14068-001, and the Code, §26.121(a),
by failing to comply with the minimum total chlorine residual, failing to
maintain compliance with the permit effluent limits for TSS, pH, and DO, failing
to provide noncompliance notification reports for effluent violations, and
failing to conduct the sludge analysis for metal constituents annually; PENALTY:
$10,500; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL
OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(47) COMPANY: Perwez Holubhoy dba Sam's Beverages of Plano; DOCKET NUMBER:
2003-1570-PST-E; IDENTIFIER: PST Facility Identification Number 72959, RN102052164;
LOCATION: Plano, Collin County, Texas; TYPE OF FACILITY: convenience store
with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii)
and (5)(A)(i) and (B)(ii) and the Code, §26.3467(a), by failing to renew
a previously issued delivery certificate in a timely manner and failing to
make available to a common carrier a valid, current delivery certificate;
PENALTY: $1,440; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) 239-4489;
REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(48) COMPANY: Sattar Investments, Inc. dba CFM Florence; DOCKET NUMBER:
2003- 1556-PST-E; IDENTIFIER: PST Facility Identification Number 70929; LOCATION:
Florence, Williamson County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(4)(C) and
the Code, §26.3475(d), by failing to inspect and test the corrosion protection
system; 30 TAC §334.48(c), by failing to conduct inventory control; and
30 TAC §334.50(b)(1)(A) and the Code, §26.3475, by failing to put
the automatic tank gauge into test mode; PENALTY: $3,900; ENFORCEMENT COORDINATOR:
Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite
150, Austin, Texas 78758-5336, (512) 339-2929.
(49) COMPANY: Sid Richardson Pipeline, Ltd.; DOCKET NUMBER: 2003-0275-AIR-E;
IDENTIFIER: Air Account Number PE-0042-O; LOCATION: near Coyanosa, Pecos County,
Texas; TYPE OF FACILITY: natural gas processing, acid gas treating, and sulphur
recovery; RULE VIOLATED: 30 TAC §122.145(2)(C) and §122.143(4) and
THSC, §382.085(b), by failing to submit the deviation report in a timely
manner; and 30 TAC §116.115(c) and Permit Number 2351A, by failing to
document daily audio, olfactory, and visual checks for all piping, valves,
and compressors in hydrogen sulfide service; PENALTY: $5,200; ENFORCEMENT
COORDINATOR: Gilbert Angelle, (512) 239-4489; REGIONAL OFFICE: 1921 Cedar
Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(50) COMPANY: Sok Sun Yang dba Stop by Mart; DOCKET NUMBER: 2003-0336-PST-E;
IDENTIFIER: PST Facility Identification Number 17068, RN102236080; LOCATION:
San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with
retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and
(2)(B) and the Code, §26.3475(c)(1), by failing to conduct vapor monitoring
and failing to perform release detection monitoring; 30 TAC §334.48(c),
by failing to conduct inventory control; 30 TAC §334.10(b)(2)(B)(v) and §334.49(e),
by failing to maintain records that document all tanks and piping are adequately
protected from corrosion; and 30 TAC §334.8(c)(5)(C), by failing to provide
a legible tag, label, or marking to either the top of the fill tube or to
a removable point; PENALTY: $4,480; ENFORCEMENT COORDINATOR: Mike Meyer, (512)
239-4492; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480,
(210) 490-3096.
(51) COMPANY: The Lookout Partners, LP; DOCKET NUMBER: 2004-0286-EAQ-E;
IDENTIFIER: Edwards Aquifer Site Registration Number 11-03040301, RN103155891;
LOCATION: Leander, Williamson County, Texas; TYPE OF FACILITY: single-family
residential subdivision; RULE VIOLATED: 30 TAC §213.23(a)(1), by failing
to obtain approval from the executive director of an Edwards Aquifer contributing
zone plan prior to commencing construction of any regulated activity; PENALTY:
$1,500; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425- 6010; REGIONAL OFFICE:
1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.
(52) COMPANY: Three L., Inc. dba Sugar Land Bulk Oil Co.; DOCKET NUMBER:
2004- 0198-PST-E; IDENTIFIER: RN102293420; LOCATION: Richmond, Fort Bend County,
Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A),
by failing to observe a valid, current delivery certificate prior to making
fuel deliveries; PENALTY: $800; ENFORCEMENT COORDINATOR: Trina Grieco, (713)
767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(53) COMPANY: Tifco Industries, Inc.; DOCKET NUMBER: 2003-1578-MWD-E; IDENTIFIER:
TPDES Permit Number 12465-001; LOCATION: Cypress, Harris County, Texas; TYPE
OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 12465-001, and the Code, §26.121(a), by failing to
maintain permitted limits DO, NH
3
-N, and five-day
carbonaceous biochemical oxygen demand, and pH; PENALTY: $4,020; ENFORCEMENT
COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue,
Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(54) COMPANY: Tucker Fuel & Oil Company, Inc.; DOCKET NUMBER: 2004-0193-PST-E;
IDENTIFIER: RN100524263; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY:
fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to
have a valid, current delivery certificate; PENALTY: $360; ENFORCEMENT COORDINATOR:
Audra Ruble, (361) 825- 3100; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(55) COMPANY: University of Texas Medical Branch at Galveston; DOCKET NUMBER:
2004-0124-PST-E; IDENTIFIER: PST Facility Identification Numbers 30977 and
37587; LOCATION: Galveston, Galveston County, Texas; TYPE OF FACILITY: hospital
with fleet fueling; 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
UST registration and self-certification form and failing to make available
to a common carrier a valid, current delivery certificate; PENALTY: $2,200;
ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE:
5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(56) COMPANY: Van Hairgrove dba Van's Food Mart; DOCKET NUMBER: 2003-1180-PST-
E; IDENTIFIER: PST Facility Identification Number 0032139; LOCATION: Center,
Shelby County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULE VIOLATED: 30 TAC §334.49(a) and the Code, §26.3475(d),
by failing to have corrosion protection for the UST system; 30 TAC §334.8(c)(5)(C),
by failing to physically label all tank fill pipes; and 30 TAC §334.48(c),
by failing to conduct inventory control for all USTs; PENALTY: $600; ENFORCEMENT
COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway,
Beaumont, Texas 77703-1892, (409) 898-3838.
(57) COMPANY: Richard Allen Verry; DOCKET NUMBER: 2004-0040-MWD-E; IDENTIFIER:
TPDES Permit Number 12310-001; LOCATION: Houston, Harris County, Texas; TYPE
OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 12310-001, and the Code, §26.121(a), by failing to
comply with the permitted limits for NH
3
-N, DO,
TSS, and flow; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Michael Limos, (512)
239-5839; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486,
(713) 767-3500.
(58) COMPANY: Mr. W Fireworks, Inc.; DOCKET NUMBER: 2004-0116-EAQ-E; IDENTIFIER:
Edwards Aquifer Site Registration Number 13-03041103, RN101101770; LOCATION:
San Antonio, Bexar County, Texas; TYPE OF FACILITY: retail outlet with sales
of seasonal items; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to
submit application for, and receive approval of, an Edwards Aquifer water
pollution abatement plan; PENALTY: $3,264; ENFORCEMENT COORDINATOR: Lori Thompson,
(903) 535-5100; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480,
(210) 490-3096.
(59) COMPANY: Willis Carroll Beyer Estate Trust dba Producers Compost;
DOCKET NUMBER: 2004-0123-AGR-E; IDENTIFIER: RN103144622; LOCATION: Stephenville,
Erath County, Texas; TYPE OF FACILITY: organic compost production; RULE VIOLATED:
the Code, §26.121(a)(1), by failing to prevent unauthorized discharges
from a diversion berm; PENALTY: $1,040; ENFORCEMENT COORDINATOR: Jorge Ibarra,
(817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
TRD-200403184
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 11, 2004
Licensing Actions for Radioactive Materials
TRD-200403070
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: May 6, 2004
Pursuant to 25 Texas Administrative Code, §289.205, the Bureau of
Radiation Control (bureau), Texas Department of Health (department), filed
complaints against the following registrants: Southwest Airlines, Dallas,
R03972; Arnold Ravdel, M.D., Houston, R09064; Jose E. Aguirre, D.M.D., San
Antonio, R13232; Cy Fair Medical Clinic, Houston, R14471; J M Circuits, Inc.,
Arlington, R19787; Medcomap, Richardson, R22166; Joshua Family Dentistry,
Joshua, R22727; Accident & Wellness Chiropractic, Dallas, R23423; Cecil
A. Walkes, M.D., Port Arthur, R23513; Medtierra, Inc., Austin, R23527; Clinica
Santa Teresa, Houston, R25597; Nueces County Medical Examiners Office, Corpus
Christi, R25713; Grant J. Kirkland, M.D., F.A.C.O.G., Mesquite, R25720; Jeffery
L. Little, D.C., Flower Mound, R26382; WHMC, Inc., Houston, Z00701; Laser
Comm, Inc., Plano, Z01417; Laser Creations, LLC, Round Rock, Z01509.
The complaints allege that these registrants have failed to pay required
annual fees. The department intends to revoke the certificates of registration;
order the registrants to cease and desist use of radiation machine(s); order
the registrants to divest themselves of such equipment; and order the registrants
to present evidence satisfactory to the bureau that they have complied with
the orders and the provisions of the Texas Health and Safety Code, Chapter
401. If the fee is paid within 30 days of the date of each complaint, the
department will not issue an order.
This notice affords the opportunity to the registrants for a hearing to
show cause why the certificates of registration should not be revoked. A written
request for a hearing must be received by the bureau within 30 days from the
date of service of the complaint to be valid. Such written request must be
filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director,
Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189.
Should no request for a public hearing be timely filed or if the fee is not
paid, the certificates of registration will be revoked at the end of the 30-day
period of notice.
A copy of all relevant material is available, by appointment, for public
inspection at the Bureau of Radiation Control, Texas Department of Health,
Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688,
Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).
TRD-200403076
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: May 6, 2004
Proposed Changes to Financial Assistance for Child Care
The Gulf Coast Workforce Board seeks public comment on two proposed policy
changes. The first proposed change concerns the collection of parent co-payment
fees. The second proposal increases the number of work, training or education
hours for low-income customers who receive financial assistance through The
WorkSource.
The first recommended change would give authority to providers to make
arrangements for the collection of delinquent co-payment fees or to end the
placement for customers who do not pay co-payment fees. Customers who receive
financial assistance from The WorkSource must contribute a co-payment fee
to offset the cost of child care. A customer with one child in care pays a
monthly co-payment fee based on 11% of her monthly income. The current process
for collecting co-payment fees involves multiple transactions on the part
of The WorkSource and Provider staff which is administratively timely and
costly. In effect, customers who do not adhere to the terms of their co-payment
agreement would lose financial aid for child care. When delinquent fees are
paid, customers would be able to re-apply for financial aid through The WorkSource
as a new customer-which often means going on the wait list.
The second policy change would increase the eligibility requirement from
20 hours of work or work/school to 30 hours in order to align our financial
aid policy more closely with other requirements for our customers and encourage
our customers to work, or work and attend school, on a full-time basis to
achieve self-sufficiency.
A report issued by the Department of Labor Bureau of Labor Statistics states
that "working full time substantially lowers a person's probability of being
poor." The Bureau of Labor Statistics defines full time work hours as 35 or
more work hours per week. Between 35% and 40% of our customers receiving financial
aid for child care are welfare recipients who must work or participate in
work-related activities (including going to school) at least 30 hours per
week. Of the remaining 60% of our customers who receive financial aid for
child care, only one quarter work, or work and go to school, less than 30
hours per week. We would exempt customers who have a documented medical disability
that prevents them from working 30 hours per week or who cannot work 30 hours
per week because they care for a physically or mentally disabled family member.
We would continue to review these exemptions on a regular basis when we review
a customer's eligibility for our financial aid.
The Board is scheduling one public hearing on May 12th from 4:30 p.m. to
6:00 p.m. to hear comments on the proposed changes. Please check The WorkSource
calendar (under General Information) at www.theworksource.org for details
or updated information. Interested parties may submit written comments on
the proposed policy by letter (mail to Lucretia Hammond, Gulf Coast Workforce
Board, P.O. Box 22777, Houston, Texas 77227-2777), by fax to (713) 993-4578,
or by e-mail to lucretia.hammond@theworksource.org. The comment period ends
on May 24, 2004.
TRD-200403077
Jack Steele
Executive Director
Houston-Galveston Area Council
Filed: May 6, 2004
Company Licensing
Application to change the name of SECURITY MUTUAL LIFE INSURANCE COMPANY
OF NEW YORK to SECURITY LIFE INSURANCE COMPANY OF NEW YORK, a foreign life,
accident and/or health company. The home office is in Binghamton, New York.
Application to change the name of ERC LIFE REINSURANCE CORPORATION to SCOTTISH
RE LIFE CORPORATION, a foreign life, accident and/or health company. The home
office is in Jefferson City, Missouri.
Application for a new organization applying for a certificate of authority
in the State of Texas by 21ST CENTURY INSURANCE COMPANY OF ARIZONA, a domestic
fire and/or casualty company. The home office is in Austin, Texas.
Any objections must be filed with the Texas Department of Insurance, addressed
to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin,
Texas, 78701, within 20 days of the
Texas Register
published date.
TRD-200403226
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: May 12, 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 GENISYSTEMS.CA SERVICES, INC., an
alien third party administrator. The home office is Toronto, Ontario, Canada.
Application for admission to Texas of AETNA HEALTH ADMINISTRATORS, LLC,
a foreign third party administrator. The home office is Blue Bell, Pennsylvania.
Application for incorporation in Texas of FONDREN ORTHOPEDIC SERVICES,
INC., a domestic third party administrator. The home office is Houston, Texas.
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-200403200
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: May 12, 2004
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
On May 3, 2004, Commserv filed an application with the Public Utility Commission
of Texas (commission) to amend its service provider certificate of operating
authority (SPCOA) granted in SPCOA Certificate Number 60283. Applicant intends
to remove the resale-only restriction.
The Application: Application of Commserv for an Amendment to its Service
Provider Certificate of Operating Authority, Docket Number 29658.
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 no later than
May 26, 2004. 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 29658.
TRD-200403075
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 6, 2004
On May 6, 2004, NewPhone filed an application with the Public Utility Commission
of Texas (commission) to amend its service provider certificate of operating
authority (SPCOA) granted in SPCOA Certificate Number 60690. Applicant intends
to remove the resale-only restriction.
The Application: Application of NewPhone for an Amendment to its Service
Provider Certificate of Operating Authority, Docket Number 29673.
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 no later than
May 26, 2004. 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 29673.
TRD-200403179
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 10, 2004
On May 7, 2004, Smoke Signal Communications filed an application with the
Public Utility Commission of Texas (commission) to amend its service provider
certificate of operating authority (SPCOA) granted in SPCOA Certificate Number
60052. Applicant intends to reflect a change in ownership.
The Application: Application of Smoke Signal Communications for an Amendment
to its Service Provider Certificate of Operating Authority, Docket Number
29682.
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 no later than
May 26, 2004. 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 29682.
TRD-200403188
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 11, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas an application on May 4, 2004, for waiver of denial by the North
American Numbering Plan Administrator (NANPA) Pooling Administrator (PA) of
1stel, Inc.'s request for additional telephone numbers in Weatherford, Texas.
Docket Title and Number: Petition of 1stel, Inc. for Review of Pooling
Administrator's Denial of Application for Numbering Resources. Docket Number
29662.
The Application: 1stel, Inc. requested the commission direct the NANPA
or Neustar to provide 1stel, Inc. with a 1,000 number block for Weatherford,
Texas.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
June 4, 2004. 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 29662.
TRD-200403074
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 6, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application filed on May 3, 2004, for an amendment to certificated
service area boundaries within Brown County, Texas.
Docket Style and Number: Application of Comanche Electric Cooperative Association
(Comanche) to Amend a Certificate of Convenience and Necessity for Service
Area Boundaries in Brown County, Docket Number 29651.
The Application: The application encompasses an area of land which is singly
certificated to Oncor Electric Delivery Company (Oncor). Comanche received
a letter request from an electric service customer to provide one meter point
electric utility service to accommodate irrigation for agriculture. Oncor
does not have electric distribution facilities immediately within the proposed
area. Oncor has agreed with the proposed boundary change. The estimated cost
to Comanche to provide service to this proposed area is $6,000. Significantly
greater construction costs would be required of both the consumer and Oncor
to provide the requested service.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas no later than May 28, 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 use Relay Texas (toll-free)
1-800-735-2989. All comments should reference Docket Number 29651.
TRD-200403073
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 6, 2004
Notice is given to the public of the filing with the Public Utility Commission
of Texas of an application filed on May 7, 2004, for an amendment to certificated
service area boundaries within Cameron County, Texas.
Docket Style and Number: Application of the Brownsville Public Utilities
Board (BPUB) to Amend a Certificate of Convenience and Necessity for Service
Area Boundaries within Cameron County (California Crossing Subdivision Section
II). Docket Number 29683.
The Application: The application encompasses an area of land which is singly
certificated to American Electric Power Company (AEP), formerly known as Central
Power & Light (CP&L), and is within the corporate limits of the City
of Brownsville (City). BPUB received a letter request to provide electric
utility service to a proposed 21.53 acre subdivision called California Crossing
Subdivision Section II located in north Brownsville just east of intersection
S.H. 100 and FM 803, on the south side of S.H. 100. There are no electric
distribution facilities within the proposed area. The estimated cost to BPUB
to provide service to this proposed area is $233,562.24.
Persons wishing to comment on the action sought should contact the Public
Utility Commission of Texas no later than June 1, 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 use Relay Texas (toll-free)
1-800-735-2989. All comments should reference Docket Number 29683.
TRD-200403182
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 11, 2004
Notice is given to the public of an application filed with the Public Utility
Commission of Texas on May 3, 2004, for an amendment to designation as an
eligible telecommunications provider (ETP) pursuant to P.U.C. Substantive
Rule §26.417.
Docket Title and Number: Application of Santa Rosa Telephone Cooperative,
Inc. to Amend its Designation as an Eligible Telecommunications Provider (ETP)
Pursuant to P.U.C. Substantive Rule §26.417. Docket Number 29654.
The Application: The company is requesting to amend its ETP designation
in order to receive designation in the Aspermont exchange in which Valor Telecommunications
of Texas, LP is the incumbent provider. The company holds Service Provider
Certificate of Operating Authority Number 60373.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
June 10, 2004. 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 29654.
TRD-200403071
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 6, 2004
Notice is given to the public of an application filed with the Public Utility
Commission of Texas on May 3, 2004, for an amendment to designation as an
eligible telecommunications carrier (ETC) pursuant to P.U.C. Substantive Rule §26.418.
Docket Title and Number: Application of Santa Rosa Telephone Cooperative,
Inc. to Amend its Designation as an Eligible Telecommunications Carrier (ETC)
Pursuant to P.U.C. Substantive Rule §26.418. Docket Number 29656.
The Application: The company is requesting to amend its ETC designation
in order to receive designation in the Aspermont exchange in which Valor Telecommunications
of Texas, LP is the incumbent provider. The company holds Service Provider
Certificate of Operating Authority Number 60373.
Persons who wish to comment upon the action sought should contact the Public
Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326,
or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than
June 10, 2004. 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 29656.
TRD-200403072
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 6, 2004
The Public Utility Commission of Texas (commission) is required to recalculate
the weighted statewide average composite usage sensitive intrastate switched
access rates pursuant to P.U.C. Substantive Rule §26.223. In order to
calculate the statewide average, CCN holders are required to submit updated
intrastate switched access data. Therefore, all CCN holders must provide the
following intrastate data to the commission as a compliance filing pursuant
to Substantive Rule §26.223(f)(2) by June 21, 2004:
(A) The current tariffed rate for originating and terminating common carrier
line (CCL).
(B) The current tariffed rate for originating and terminating local switching
(LS).
(C) The current tariffed rate for originating and terminating transport
(TR).
(D) The current tariffed rate for originating and terminating tandem switching
(TS).
(E) The current average per minute rate for originating and terminating
tandem switch transport (TST).
(F) The current originating and terminating tariffed rate(s) for any other
usage sensitive intrastate switched access rate element(s).
(G) The total actual originating and terminating MOUs for the most recent
12-month period for each rate element in subparagraphs (A) - (F) of this paragraph.
SWBT, Verizon, and Sprint Centel/United compliance filings should also
include the originating and terminating revenues and minutes of use from direct
transport and entrance facilities for the most recent 12-month period.
CCN holders' compliance filings should be filed in Project Number 29667
no later than June 21, 2004.
Questions concerning this notice should be referred to James Kelsaw, Senior
Network Analyst, Telecommunications Division at (512) 936-7338. Hearing and
speech-impaired individuals with text telephones (TTY) may contact the commission
at (512) 936-7136.
TRD-200403187
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 11, 2004
Public Hearing on Proposed Rules
The commission has published proposed rules for comment regarding the State-Sponsored
Inspection and Dispute Resolution Process (SIRP). The rules were published
in the May 7, 2004, issue of the
Texas Register
(29
TexReg 4369). The commission has received a request for a public hearing pursuant
to Government Code §2001.029(b)(3). The last day for providing written
comment on the rules is May 28, 2004. The public hearing will be held at the
commission offices in the Commission Hearing Room at the Texas Residential
Construction Commission, 311 East 14th Street, Suite 200, Austin, Texas 78701.
The hearing will begin at 9 a.m. on Wednesday, May 26, 2004, and will conclude
after the last registered speaker has had an opportunity to provide comments.
Persons wishing to attend the public hearing who require auxiliary aids,
services or materials in an alternate format, please contact the Texas Residential
Construction Commission at least five working days prior to the meeting date.
Phone: (512) 463-1040, Fax: (512) 463-9507, E-mail: dora.rivera@trcc.state.tx.us,
TDD Relay Texas: 1-800-relay-VV (for voice), 1-800-TX (for TDD).
Comments on the proposed rules may be filed by submitting 16 copies to
Susan K. Durso, General Counsel, Texas Residential Construction Commission,
P.O. Box 13144, Austin, Texas 78711-3144 by May 28, 2004. Comments may be
filed electronically at comments@trcc.state.tx.us. All responses should reference
the State-Sponsored Inspection and Dispute Resolution Process and should be
organized consistent with the proposed rule text. Questions concerning this
notice should be referred to Ms. Durso at (512) 475-0595 or susan.durso@trcc.state.tx.us.
TRD-200403225
Susan Durso
General Counsel
Texas Residential Construction Commission
Filed: May 12, 2004
The commission is developing rules to serve as the foundation of the Texas
Star Builder Program. The commission is required to adopt rules and procedures
for a program to allow a builder to become designated as a "Texas Star Builder."
Property Code §416.011(a). The commission is looking for input on the
types of requirements and qualifications that would make the designation of
"Texas Star Builder" meaningful to both the builder and the home-buying public.
Staff will use comments submitted to draft rules that will be published for
comment pursuant to the Administrative Procedures Act §2001.023.
In an effort to develop requirements and standards of consequence, the
commission is asking interested persons to provide responses to the following
questions as they relate to designation as a "Texas Star Builder" and to offer
any other constructive comments that will further the commission's goal of
offering a "Texas Star Builder" designation that embodies standards signifying
excellence in the residential construction industry. The text of these questions
are posted on the commission's web site: www.trcc.state.tx.us.
Comments may be filed by submitting 16 copies to Susan K. Durso, General
Counsel, Texas Residential Construction Commission, P.O. Box 13144, Austin,
Texas 78711-3144 by June 14, 2004. Comments may be filed electronically at
comments@trcc.state.tx.us. All responses should reference the Texas Star Builder
Program. E-mailed responses should have "Star Builder Comments" in the subject
line. This notice is not a formal notice of proposed rulemaking; however,
the comments received will assist the commission in developing a commission
policy or adopting rules in a related rulemaking. Questions concerning this
notice should be referred to Ms. Durso at (512) 475-0595 or susan.durso@trcc.state.tx.us.
1) Is continuing education an important requirement? If a continuing education
requirement is imposed, how many hours of continuing education should be required
and should the requirement be an annual or biennial requirement? Should the
educational courses be restricted to topics related to residential construction
and issues affecting residential construction? If a builder is a corporate
entity or partnership, who should be required to take the courses to fulfill
the educational requirement? If a builder is a corporate entity or partnership,
should the size of the company (i.e. number of employees) be reflected in
the number of people who are required to fulfill the continuing education
requirement?
2) Is the number of years of experience as a builder in residential construction
a valuable qualification? How many years experience would be meaningful?
3) Is general liability insurance coverage important? Is warranty coverage
important? Would the amount and/or type of coverage depend upon the individual
home construction project?
4) Would information regarding the financial health of the builder, such
as no evidence that any of the principals have ever filed for bankruptcy,
be important?
5) Would the lack of unresolved verified complaints from consumers be important?
If so, how many complaints over what period of time might result in denial
of an application for Star Builder designation? Should the number of unresolved
verified complaints be calculated as a percentage of homes registered by the
builder over a period of time? In this question a "verified complaint" is
defined as a complaint about the builder's practices made to the commission
that the commission has investigated and verified as true and has not been
resolved to the reasonable satisfaction of the builder and the complainant,
as determined by the commission.
6) Should the qualifications include a certification of additional construction
practices, e.g. best practices for foundations and water intrusion?
TRD-200403080
Susan Durso
General Counsel
Texas Residential Construction Commission
Filed: May 6, 2004
The commission is required to adopt limited statutory warranties and building
and performance standards for residential construction in accordance with
Chapter 430, Property Code, which was enacted by the 78th Texas Legislature
pursuant to House Bill 730 (Act effective September 1, 2003, 78th Legislature,
Regular Session, Chapter 458, §1.01). The warranties and building and
performance standards adopted by the commission apply only to residential
construction that begins on or after the effective date of those standards
as determined by the commission. The Property Code §430.001(c) sets forth
the parameters for the standards to be adopted by the commission. Chapter
430 of the Property Code can be viewed as a part of House Bill 730 on the
commission's web site at www.trcc.state.tx.us under "Statutes and Rules,"
then "HB 730." The statute permits the commission to adopt the standards in
phases and to amend or supplement the rules "as the commission receives additional
evidence or information from task forces or other sources regarding any improvements
or developments in the areas of residential homebuilding practices, procedures,
or technology." Property Code §430.001(h).
In an effort to develop effective, meaningful and well-reasoned standards,
the commission is asking interested persons to file comments to the working
draft of the Limited Statutory Warranty and Building and Performance Standards
that the commission has posted on the commission's web site, www.trcc.state.tx.us,
under "Warranty/Standards Working Draft" A copy of the strawman may also be
requested by contacting the commission, toll free at 1-877-651-TRCC or (512)
463-1040. Staff will use comments submitted in developing rules that will
be published for comment pursuant to the Administrative Procedures Act §2001.023.
Comments may be filed by submitting 16 copies to Susan K. Durso, General
Counsel, Texas Residential Construction Commission, P.O. Box 13144, Austin,
Texas 78711-3144 by Friday, June 25, 2004. Comments may be filed electronically
at comments@trcc.state.tx.us. All responses should reference the Limited Statutory
Warranty and Building Standards. E-mailed responses should have "Standards
Strawman" in the subject line. Comments should be organized in a manner consistent
with the "strawman" draft document. This notice is not a formal notice of
proposed rulemaking; however, the comments received will assist the commission
in developing a commission policy or adopting rules in a related rulemaking.
Questions concerning the strawman proposal or this notice should be referred
to Ms. Durso at (512) 475-0595 or susan.durso@trcc.state.tx.us.
TRD-200403081
Susan Durso
General Counsel
Texas Residential Construction Commission
Filed: May 6, 2004
Request for Proposal
Texas A&M University is seeking Proposals from an experienced consultant
for assessing the feasibility of deploying Voice over Internet Protocol (VoIP)
on a wide scale basis at Texas A&M University.
RFP MAIN 04-0020 may be obtained by contacting:
Mary Sue Goldwater
Associate Director of Purchasing Services
Texas A&M University
P.O. Box 30013
College Station, Texas 77842-0013
Or e-mail at ms-goldwater@tamu.edu
Selection criteria will include competence, experience, knowledge, qualification,
and reasonableness of price. Proposals must be received on or before 2:00
p.m., May 28, 2004.
TRD-200403069
Vickie Burt Spillers
Executive Secretary to the Board
Texas A&M University, Board of Regents
Filed: May 6, 2004
Request for Competing Proposals and Qualifications
Pursuant to the authority granted under Texas Transportation Code, Chapter
361, Subchapter I (the "Enabling Legislation"), the Texas Department of Transportation
(TxDOT) may enter into comprehensive development agreements for the financing,
design, construction, maintenance, or operation of turnpike projects. The
Enabling Legislation authorizes private involvement in turnpike projects and
provides a process for accepting and processing unsolicited proposals for
such projects. Transportation Code, §361.3022, prescribes requirements
for an unsolicited proposal and requires TxDOT, if a decision is made to further
evaluate the unsolicited proposal, to publish a request for competing proposals
and qualifications in the
Texas Register
that
includes the criteria that will be used to evaluate the original proposal
and any competing proposals, the relative weight given to the criteria, and
a deadline by which the competing proposals must be received. The Texas Transportation
Commission (commission) has promulgated rules located at Title 43, Texas Administrative
Code, §§27.1 - 27.5 (the "Rules"), governing the submission and
processing of unsolicited proposals and providing for publication of notice
that TxDOT is seeking competing proposals and qualifications for development
of a turnpike project with private involvement. The commission has received
an unsolicited proposal and made a determination to further evaluate the unsolicited
proposal.
This notice represents the next step in the process of responding to an
unsolicited proposal received by TxDOT on March 30, 2004, from Managed Lanes,
LP, a subsidiary of Peter Kiewit Sons', Inc. (MLLP), to develop, design, construct,
finance, maintain, and operate tolled managed lanes along IH 820 and SH 183
from IH 35W to IH 35E in Dallas and Tarrant Counties, as well as portions
of IH 35W, IH 35E, and other facilities to the extent necessary for connectivity
and financing. The proposed turnpike project is approximately 27 miles long,
and is located along the IH 820/SH 183 corridor in Dallas and Tarrant Counties
that provides an east-west connection between IH 35W and IH 35E. The proposed
project would ultimately provide four to six tolled managed lanes along this
corridor (varying from four to six managed lanes throughout the corridor),
while maintaining no fewer than the existing number of general use lanes.
MLLP is proposing to provide, operate, and maintain the new managed lanes,
and to reconstruct general use lanes and frontage roads as required to meet
travel demands within the IH 820/SH 183 corridor. System interchange, service
interchange, and frontage road improvements are included. On April 29, 2004,
in Minute Order 109646, the commission authorized TxDOT to commence the unsolicited
proposal procurement process under Transportation Code, Chapter 361, Subchapter
I.
Through this notice, TxDOT is seeking competitive proposals and qualifications
submittals ("PQS") in response to a request for competing proposals and qualifications
("RFPQ"). TxDOT intends to evaluate the proposal submitted by MLLP and may
request submission of a detailed proposal, potentially leading to negotiation,
award, and execution of a comprehensive development agreement. TxDOT will
accept for simultaneous consideration any PQS received in accordance with
the Rules within 90 days of the publication of this notice. TxDOT anticipates
issuing the RFPQ, receiving and analyzing the PQSs, developing a shortlist
of proposing entities or consortia, and issuing a request for detailed proposals
("RFDP") to the shortlisted entities. After review and a best value evaluation
of the RFDP responses, TxDOT may negotiate and enter into a comprehensive
development agreement for the project.
RFPQ Evaluation Criteria.
PQSs will be evaluated
by TxDOT for shortlisting purposes using the following general criteria: relative
strength and depth of entity qualifications, personnel qualifications, financial
qualifications and legal qualifications; relative strength, feasibility and
desirability of the proposed conceptual project development plan; and relative
strength, feasibility and desirability of the proposed conceptual project
financing plan. The specific criteria under the foregoing subcategories will
be identified in the RFPQ, as will the relative weighting of the criteria.
Release of RFPQ and Due Date.
TxDOT currently
anticipates that the RFPQ will be available on May 21, 2004. The RFPQ will
include a conceptual project design. Copies of the RFPQ will be available
at TxDOT's offices: Texas Department of Transportation, 125 East 11th Street,
5th Floor, Austin, Texas 78701, or on the following web site:
http://www.dot.state.tx.us
PQSs will be due on August 12, 2004.
TRD-200403090
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: May 7, 2004
Notice of Intent to Seek Consulting Services
The University of Texas Health Center at Tyler ("UTHC-T") is currently
implementing various MEDITECH/LSS Software Application Modules (the "Project").
Phase 1 of the Project was completed on 03/17/2004 when UTHC-T achieved and
accepted go-live on the Meditech client server Health Care Information System
("HCIS") system as well as the LSS Medical and Practice Management Module.
UTHC-T has purchased additional Meditech/LSS Software Application Modules
for implementation during later phases of the Project. However, UTHC-T is
also considering whether it should purchase certain other MEDITECH/LSS Software
Application Modules for implementation during subsequent phases of the Project.
Furthermore, UTHC-T wishes to determine which Meditech/LSS Software Application
Modules should be implemented during the next phase of the Project ("Phase
2") and which should not be implemented until a later phase of the Project
(e.g., "Phase 3").
UTHC-T is looking for a Proposer to provide the assistance UTHC-T requires
to conduct pre-implementation planning for Phase 2 of the Project. However,
other than defining those Meditech/LSS Software Application Modules, which,
at the earliest, will not be implemented by UTHC-T until Phase 3 of the Project,
the Proposer will not perform pre-implementation services for Phase 3 as a
result of this Invitation. -It is expected that the successful Proposer will
perform the pre-implementation planning services required by UTHC-T in two
stages. The initial stage is expected to include the successful Proposer’s
review of all of the Meditech/LSS Software Application Modules that UTHC-T
may implement during Phase 2, including all of the Modules UTHC-T has already
determined will be implemented in Phase 2, as well as those Modules that UTHC-T
is currently considering for implementation during Phase 2. The successful
Proposer will ensure that UTHC-T clearly understands the dependencies of all
Meditech/LSS Software Application Modules to be implemented or that are being
considered for implementation during Phase 2, as well as the stability of
each Module. In addition, the successful Proposer will review and jointly
analyze with UTHC-T the Project resources, budget, and timeline UTHC-T has
available for Phase 2 of the Project. As a result of such an analysis performed
jointly by UTHC-T and the successful Proposer, UTHC-T and the successful Proposer
will create a written document defining the specific Meditech/LSS Software
Application Modules that UTHC-T will implement during Phase 2 of the Project
(the "Phase 2 Modules"). The initial stage will conclude, and the second stage
will begin, upon the definition of the Phase 2 Modules by UTHC-T and the successful
Proposer. During the second stage of the pre-implementation planning services,
the successful Proposer will provide the following major deliverables to UTHC-T:
-Detailed prioritized Project Phase 2 plan including tasks and timelines for
each Meditech/LSS Software Application Module being implemented -Project organizational
chart -Revised budget estimate for Phase 2
The UTHC-T President has made a finding that the consulting services are
necessary. UTHC-T does not currently have staff with expertise or implementation
experience with the MEDITECH/LSS Software Application Modules being considered
for Phase 2 of the Project.
The award for services will be made by a review of competitive sealed proposals
that will result in the best value to UTHC-T.
Parties interested in a copy of the Request for Proposal should contact:
Ms. Christine Bradford
Senior Procurement Officer
The University of Texas Health Center at Tyler
11937 U.S. Highway 271
Tyler, TX 75708-3154
Voice: 903-877-5710
Email: Christine.Bradford@uthct.edu
The proposal submission deadline will be June 30, 2004.
TRD-200403215
Francie A. Frederick
Counsel and Secretary to the Board
The University of Texas System
Filed: May 12, 2004
Applications Received
Pursuant to the Texas Water Code, §6.195, the Texas Water Development
Board provides notice of the following applications received by the Board:
Greater Texoma Utility District, 5100 Airport Drive, Denison, Texas, 75020,
received March 29, 2004, application for financial assistance in the amount
of $510,000 from the Texas Water Development Funds.
City of Weslaco, 500 South Kansas Street, Weslaco, Texas, 78596, received
January 6, 2003, application for financial assistance in the amount of $2,000,000
from the Texas Water Development Funds.
Fort Bend Municipal Utility District No. 19, c/o The GMS Group, 5075 Westheimer,
Suite 1175, Houston, Texas, 77056, received January 15, 2004, application
for financial assistance in the amount of $1,625,000 from the Texas Water
Development Funds.
Fort Bend County Fresh Water Supply District No. 1, P.O. Box 190, Fresno,
Texas, 77056, received March 31, 2004, application for financial assistance
in the total amount of $11,970,000 from the Texas Water Development Funds
and the Clean Water State Revolving Fund.
City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas, 76102, received
April 5, 2004, application for financial assistance in the amount of $29,560,000
Clean Water State Revolving Fund.
City of Houston, P.O. Box 1562, Houston, Texas, 77251, received November
26, 2003, application for financial assistance in the amount of $71,365,000
from the Clean Water State Revolving Fund.
City of Houston, P.O. Box 1562, Houston, Texas, 77251, received September
3, 2003, application for financial assistance in the amount of $61,215,000
from the Clean Water State Revolving Fund.
Panhandle Planning Commission, P.O. Box 9257, Amarillo Texas, 79105, received
April 1, 2004, application for financial assistance in an amount not to exceed
$156,813 from the Research and Planning Fund.
Red River Authority, 900 8th Street, Suite 520, Wichita Falls, Texas, 76301-6894,
received April 1, 2004, application for financial assistance in an amount
not to exceed $50,000 from the Research and Planning Fund.
North Texas Municipal Water District, P.O. Box 2408, Wylie Texas, 75098,
received April 1, 2004, application for financial assistance in an amount
not to exceed $442,356 from the Research and Planning Fund.
Northeast Texas Municipal Water District, P.O. Box 955, Hughes Springs,
Texas, 75656, received April 1, 2004, application for financial assistance
in an amount not to exceed $148,000 from the Research and Planning Fund.
Rio Grande Council of Governments, 1100 North Stanton, Suite 610, El Paso,
Texas, 79002, received March 31, 2004, application for financial assistance
in an amount not to exceed $80,000 from the Research and Planning Fund.
Colorado River Municipal Water District, 400 East 24th Street, P.O. Box
869, Big Spring, Texas, 78721, received March 29, 2004, application for financial
assistance in an amount not to exceed $340,000 from the Research and Planning
Fund.
Brazos River Authority, P.O. Box 7555, Waco Texas, 76714, received April
1, 2004, application for financial assistance in an amount not to exceed $513,825
from the Research and Planning Fund.
San Jacinto River Authority, P.O. Box 329, Conroe, Texas, 77305, received
March 31, 2004, application for financial assistance in an amount not to exceed
$253,000 from the Research and Planning Fund.
Deep East Texas Council of Governments, 274 East Lamar Street, Jasper Texas,
75951, received April 1, 2004, application for financial assistance in an
amount not to exceed $126,000 from the Research and Planning Fund.
San Antonio River Authority, P.O. Box 839980, San Antonio, Texas, 78283,
received March 31, 2004, application for financial assistance in an amount
not to exceed $168,873 from the Research and Planning Fund.
Nueces River Authority, 6300 Ocean Drive, Corpus Christi, Texas, 78412,
received April 1, 2004, application for financial assistance in an amount
not to exceed $49,000 from the Research and Planning Fund.
High Plains Underground Water Conservation District No. 1, 2930 Avenue
Q, Lubbock, Texas, 79405, received March 31, 2004, application for financial
assistance in an amount not to exceed $35,000 from the Research and Planning
Fund.
TRD-200403162
Suzanne Schwartz
General Counsel
Texas Water Development Board
Filed: May 10, 2004
Coastal Coordination Council
Office of Consumer Credit Commissioner
Deep East Texas Local Workforce Development Board
East Texas Council of Governments
Texas Education Agency
Request for Applications Concerning Texas Head Start - Ready to Read Educational Component Grant
Texas Commission on Environmental Quality
Proposed Enforcement Orders
Texas Department of Health
Notice of Intent to Revoke Certificates of Registration
Houston-Galveston Area Council
Texas Department of Insurance
Third Party Administrator Applications
Public Utility Commission of Texas
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Waiver of Denial of Request for NXX Code
Notice of Application to Amend Certificated Service Area Boundaries
Notice of Application to Amend Certificated Service Area Boundaries
Notice of Application to Amend Designation as an Eligible Telecommunications Provider Pursuant to P.U.C. Substantive Rule §26.417
Notice of Application to Amend Designation as an Eligible Telecommunications Carrier Pursuant to P.U.C. Substantive Rule §26.418
Public Notice of CCN Holders Filing Requirements in Order to Calculate the Weighted Statewide Average Composite Usage Sensitive Intrastate Switched Access Rates
Texas Residential Construction Commission
Request for Comments on Star Builder Program
Strawman Proposal on Limited Statutory Warranty and Building and Performance Standards
Texas A&M University, Board of Regents
Texas Department of Transportation
The University of Texas System
Texas Water Development Board
Texas Workers' Compensation Commission