The Texas Building and Procurement Commission (TBPC), on behalf of the Department of Family and Protective Services, announces the issuance of Request for Proposals (RFP) #303-5-10933 . TBPC seeks a five to ten year lease of approximately 38,325 square feet of office space in Dallas, Dallas County, Texas.

The deadline for questions is May 4, 2005 and the deadline for proposals is May 11, 2005 at 3:00 P.M. The award date is June 30, 2005. TBPC reserves the right to accept or reject any or all proposals submitted. TBPC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TBPC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting TBPC Purchaser Kenneth Ming at (512) 463-2743. A copy of the revised RFP may be downloaded from the Electronic State Business Daily at http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=58413.

TRD-200501512

Ingrid K. Hansen

General Counsel

Texas Building and Procurement Commission

Filed: April 12, 2005

Notice mailed April 12, 2005

TCEQ Internal Control No. 03292005-D01; Argovitz Interests, Ltd. and Texas Investment and Development Company, Inc. (Petitioners) filed a petition for creation of Harris County Municipal Utility District No. 409 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioners are the owners of a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 170.3187 acres located within Harris County, Texas; and (4) the proposed District is within the corporate limits of the City of Houston, Texas, and is not within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Ordinance No. 2003- 1110, effective November 25, 2003, the City of Houston, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) purchase, construct, acquire, maintain, and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of water, as more particularly described in an engineer's report filed simultaneously with the filing of the petition; and (4) purchase, construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created and permitted under State law. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $9,760,000.

INFORMATION SECTION

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

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

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

TRD-200501528

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 13, 2005

The Texas Commission on Environmental Quality (TCEQ or commission) is required under the Texas Solid Waste Disposal Act, Health and Safety Code, Chapter 361, as amended (the Act), to annually publish a state registry that identifies facilities that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The most recent registry listing of these facilities was published in the September 24, 2004, issue of the Texas Register (29 TexReg 9218).

In accordance with the Act, §361.184(a), the commission must publish in the Texas Register and in a newspaper of general circulation in the county in which the facility is located a notice of intent to list a facility on the state registry of state Superfund sites. With this publication, the TCEQ hereby gives notice of an area that the executive director has determined is eligible for listing, and which the executive director proposes to list on the state registry. This publication also specifies the general nature of the potential endangerment to public health and safety or the environment as determined by information currently available to the executive director. This notice of intent to list this facility was also published on April 22, 2005, in the Midland Reporter Telegram .

The facility proposed for listing is the City View Road Groundwater Plume Site (the site) located in Midland, Midland County, Texas. The geographic coordinates of the site are 31 degrees 59 minutes 25.91 seconds North Latitude and -102 degrees 2 minutes 43.79 seconds West Longitude. The description of the site is based on information available at the time the site was evaluated with the Hazard Ranking System. The Hazard Ranking System is the principal screening guide used by the TCEQ to evaluate potential, relative risk to public health and the environment from releases or threatened releases of hazardous substances. The description may change as additional information is gathered on the sources and extent of contamination. The site was evaluated to have a Hazard Ranking System score of 7.06.

The site is located northwest of the intersection of Interstate Highway 20 and State Highway 158 in the City View Road area in Midland, Texas. The groundwater at the site is contaminated with perchloroethylene (also known as tetrachloroethylene), petroleum hydrocarbons, and additives. The source of perchloroethylene is unknown and the area of the contaminated plume is not completely defined. The impacted water wells are clustered near Cloverdale Road, Fairgrounds Road, and City View Road. The site is comprised of private homes, trailers, and a few scattered small businesses.

The City View Road groundwater plume was discovered in 2003 during an investigation of a crude oil spill from a pipeline leak. Water sample analysis indicated the presence of benzene contamination. During All American Pipeline's investigation in June and July of 2003, wells exhibited detectable concentrations of methyl ethyl ketone, perchloroethylene, carbon disulfide, tetrahydrofuran, and trichlorofluromethane.

A public meeting may be requested regarding the proposed listing of the City View Road Groundwater Plume site on the state Superfund registry. The public meeting must be requested by submitting a written request by 5:00 p.m., on May 26, 2005. Interested parties may submit a written request for a public meeting or may submit written comments to the commission relative to the proposed listing of the site to the attention of Mr. Subhash C. Pal, P.E., Project Manager, Texas Commission on Environmental Quality, Remediation Division, MC 143, P.O. Box 13087, Austin, Texas 78711-3087 or facsimile at (512) 239-2450.

If a public meeting is requested regarding the proposed listing of this facility on the state registry, the commission shall publish general notice of the date, time, and location of the public meeting in the Texas Register and in the Midland Reporter Telegram . The public meeting notice shall be provided not later than the 31st day before the date of the meeting. If a public meeting is requested, it will be legislative in nature and not a contested case hearing under the Texas Administrative Procedure Act (Government Code, Chapter 2001).

A portion of the record for this site, including documents pertinent to the executive director's determination of eligibility, is available for review at the Midland College Library, Murray Fasken Learn Resource Center, 3600 North Garfield, Midland Texas, during regular business hours. Copies of the complete public record file may be obtained during regular business hours at the commission's Records Management Center, Records Customer Service, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Parking for persons with disabilities is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

For further information about this site or the proposed listing, please call John Flores, TCEQ Community Relations Section, at (800) 633-9363, extension 5674.

TRD-200501506

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 12, 2005

The following notices were issued during the period of March 30, 2005 through April 12, 2005.

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

GEORGE AIVAZIAN has applied for a renewal of TPDES Permit No. 12427-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 1,000 gallons per day. The facility is located at 1910 Highway 6 South in the City of Houston in Harris County, Texas.

AQUA UTILITIES, INC. has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. 11419-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 120,000 gallons per day. The facility is located approximately 200 feet south of Lake Conroe, approximately 5,500 feet north of Kleimann Lane, approximately 5,000 feet west of Lewis Creek Reservoir, and approximately 7,000 feet north of the intersection of Long Street and Farm-to-Market Road 1097 in Montgomery County, Texas.

CELANESE LTD. which operates the Bay City Plant which manufactures organic chemicals, has applied for a major amendment to TPDES Permit No. WQ0000455000 to authorize the discharge of hydrostatic test discharge water via Outfall 001; replace the fecal coliform effluent limitations at Outfall 001 with residual chlorine effluent limitations monitored after the domestic wastewater treatment plant; and to decrease the monitoring frequency for total copper, total nickel, and total zinc from once per week to once per month. The current permit authorizes the discharge of treated domestic wastewater treatment plant; and treated process wastewater from the neutral effluent treatment (NET) system, treated utility wastewater, storm water, groundwater recovered during site excavations, storm water from the old dewatering area and from landfill cells, groundwater from the bailing of monitor wells, and groundwater from recovery wells at a daily average flow not to exceed 2,280,000 gallons per day via Outfall 001; and storm water on an intermittent and flow variable basis via Outfall 002. The facility is located nine miles southwest of the City of Bay City on Farm-to-Market Road 3057 and approximately two miles east of Farm-to-Market Road 2668, Matagorda County, Texas.

CREEK PARK CORPORATION has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014556001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 6,100 gallons per day. The facility is located 0.75 mile south of the intersection of Farm-to-Market Road 917 and Farm-to-Market Road 1902, approximately 1/4 mile west of the intersection of Pleasant Oaks Road and County Road 1022 and approximately 2 miles east-southeast of the City of Joshua in Johnson County, Texas.

DEGUSSA ENGINEERED CARBONS, L.P. which operates the Baytown Carbon Black Plant, a carbon black manufacturing facility, has applied for a renewal of TPDES Permit No. WQ0000737000, which authorizes the discharge of storm water commingled with treated domestic sewage, washdown water, and utility water on an intermittent and flow variable basis via Outfall 001. The facility is located at 9300 Baytown Road, south of Interstate Highway 10, bounded by Cedar Bayou Tidal on the east and by the Southern Pacific Railroad tracks on the west, approximately five miles northeast of the City of Baytown, Harris County, Texas.

DUVAL COUNTY CONSERVATION AND RECLAMATION DISTRICT has applied for a major amendment to TCEQ Permit No. 10067-001 to authorize a change in the method of discharge of treated domestic wastewater from irrigation to discharge into Waters of the State at a daily average flow not to exceed 250,000 gallons per day. The existing permit authorizes the permittee to dispose of treated wastewater via surface irrigation of non-public access grassland at a daily average flow not to exceed 200,000 gallons per day. The facility is located approximately 1.5 miles east of the City of Benavides on the north side of Farm-to-Market Road 2298 in Duval County, Texas.

CITY OF FALLS CITY has applied for a renewal of TPDES Permit No. 10398-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 65,000 gallons per day. The facility is located approximately 600 feet northwest of the intersection of Panna Maria Street and Maverick Street in the City of Falls City in Karnes County, Texas.

FORT DAVIS WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. 10971-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 123,000 gallons per day. The facility is located one mile south of State Highway 17, approximately 500 feet north of Cemetery Road and 0.5 mile east of Fort Davis in Jeff Davis County, Texas.

THE GRAND LAKE UTILITY COMPANY, INC. has applied for a renewal of TPDES Permit No. 14305-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 240,000 gallons per day. The facility is located approximately 3.5 miles east-northeast of the intersection of Farm-to Market Road 149 and Farm-to-Market Road 1488; approximately 4,200 feet west of the intersection of Stapleton Road and Superior Road; and, approximately 500 feet north of Stapleton Road in Montgomery County, Texas.

CITY OF HONDO has applied for a renewal of TPDES Permit No. 10189-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,800,000 gallons per day. The facility is located in the southwest section of the City of Hondo, approximately 1,400 feet east of the intersection of Farm-to-Market Road 462 and 30th Street in Medina County, Texas.

LA JOYA INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. 13523-006, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 12,570 gallons per day. The facility is located on Farm-to-Market Road 886, approximately 0.4 mile south of the intersection of U.S. Highway 83 and Farm-to-Market Road 886 in Hidalgo County, Texas.

LMV Management Co., Ltd. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014586001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 900,000 gallons per day. The facility is located approximately 8,200 feet south of the intersection of Riley Fuzzel Road and Woodsons Gully in Montgomery County, Texas.

MEMORIAL VILLAGES WATER AUTHORITY has applied for a renewal of TPDES Permit No. WQ0010584001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 3,050,000 gallons per day. The facility is located approximately 1500 feet south by southwest of the San Felipe Drive Bridge where it crosses Buffalo Bayou and approximately 1500 feet south by southeast of the intersection of San Felipe Drive and Farnham Park and east of the terminus of Farnham Park in Harris County, Texas.

NORTHWAY LAND COMPANY, LTD. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014604001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 580,000 gallons per day. The facility is located approximately 2,000 feet east of the centerline of Aldine Westfield Road and approximately 1,700 feet north of the intersection of Fountain Brook Park Lane and Trinity Park Lane in Montgomery County, Texas.

NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 5 has applied for a renewal of TPDES Permit No. 11583-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located at the crossing of Banquete Creek and County Road 40, which is approximately 1.25 miles east of Farm-to-Market Road 666 and 0.5 mile south of State Highway 44 near Banquete in Nueces County, Texas.

PRESTO UTILITIES has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014590001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 840,000 gallons per day. The facility is located north of Medina River approximately 1,200 feet west of State Highway 16 and 0.6 mile south of Watson Road in Southwest Bexar County, Texas.

ROLLING CREEK UTILITY DISTRICT has applied for a major amendment to TPDES Permit No. 12841-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 250,000 gallons per day to a daily average flow not to exceed 400,000 gallons per day. The facility is located approximately 2,200 feet north of Clay Road and 3,500 feet east of Barker-Cypress Road in Harris County, Texas.

THE SAN ANTONIO RIVER AUTHORITY has applied for a renewal of TPDES Permit No. 10749-004, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The current permit also authorizes the land application of sewage sludge for beneficial use on 89.5 acres. The facility and sewage sludge land application site are located approximately 3,500 feet south-southeast of the intersection of Interstate Highway 10 and Farm-to-Market Road 1516 in Bexar County, Texas.

SAN PATRICIO COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 has applied for a renewal of TPDES Permit No. 13644-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 75,000 gallons per day. The facility is located on Main Avenue in the City of Edroy, approximately 3,700 feet south of the intersection of Interstate Highway 37 and State Highway 234 in San Patricio County, Texas.

SYLVESTER MCCAULLEY WATER SUPPLY CORPORATION which proposes to operate a reverse osmosis potable water treatment plant, has applied for a renewal of TPDES Permit No. WQ0004377000, which authorizes the discharge of reverse osmosis reject wastewater at a daily average flow not to exceed 15,000 gallons per day via Outfall 001. The facility is located on the west side of Farm-to-Market Road 1812, approximately 2,500 feet north of the intersection of U.S. Highway 180 and Farm-to-Market Road 1812, Fisher County, Texas.

TEXAS PARKS AND WILDLIFE DEPARTMENT has applied for a major amendment to Permit No. 11491-001, to authorize a change in treatment process and modify the effluent limit. The current permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day via surface irrigation of 15 acres of non-public access grassland, which will remain the same. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located within Lake Arrowhead State Park, approximately 2,000 feet southwest of the intersection of Farm-to-Market Road 2606 and Farm-to-Market Road 1954, approximately 1,000 feet northeast of the Park entrance on Farm-to-Market Road 1954, and approximately 12 miles west-southwest of the City of Henrietta in Clay County, Texas.

TRI-COUNTY POINT PROPERTY OWNERS ASSOCIATION has applied for a renewal of TPDES Permit No. 12880-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 24,000 gallons per day. The facility is located approximately 12,000 feet southwest of the point where State Highway 35 crosses Five Mile Branch in Jackson County, Texas.

U.S. DEPARTMENT OF THE ARMY has applied for a renewal of TPDES Permit No. 12074-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 12,500 gallons per day. The facility is located approximately 3,300 feet east of Farm-to-Market Road 306 and 2,500 feet north of Jacob Creek Park Road in Comal County, Texas.

TRD-200501530

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 13, 2005

Notices mailed April 6, 2005 through April 13, 2005.

PROPOSED PERMIT NO. 5869; Sunoco Partners Marketing & Terminals, L.P.-Nederland Marine Terminal, 2300 North Highway 347, Nederland, Texas 77627, applicant, has applied to the Texas Commission on Environmental Quality (TCEQ) for a Temporary Water Use Permit pursuant to 11.138, Texas Water Code, and TCEQ Rules 30 Texas Administrative Code (TAC) 295.1, et seq. Applicant seeks authorization to divert and use not to exceed 79 acre-feet of water at a maximum diversion rate of 13.39 cfs (6,000 gpm) within a period of two years from the Neches River, Neches River Basin, for industrial (hydrostatic testing) purposes. The water will be returned to the source of the diversion after a period of testing and monitoring. The diversion point will be located at Latitude 30.01 N, Longitude 93.98 W, in the vicinity south of Highway 347, located approximately five miles southeast of the City of Beaumont, County Seat, and two miles northeast of the City of Nederland, in Jefferson County. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application and partial fees were received on November 8, 2004. Additional fees were received on January 5, 2005 and additional information was received on February 25, 2005. The application was declared administratively complete and filed with the Office of the Chief Clerk on February 28, 2005. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by April 27, 2005.

APPLICATION NO. 5883; The City of Panorama Village, 99 Hiwon Dr., Panorama Village, Texas, 77304, Applicant, seeks a Water Use Permit pursuant to Texas Water Code 11.121 and Texas Commission on Environmental Quality Rules 30 Texas Administrative Code (TAC) 295.1, et seq. Applicant seeks authorization to maintain and increase the storage capacity of an existing dam and reservoir on East Fork White Oak Creek, tributary of White Oak Creek, tributary of the West Fork San Jacinto, tributary of the San Jacinto River, San Jacinto River Basin, in Montgomery County, for recreation (amenity lake) purposes. The modified reservoir will have an increased storage capacity of 2.5 acre-feet of water with a surface area of 0.5 acre. The reservoir is located in the Francis J. Cook Survey, Abstract No. 118. The midpoint on the centerline of the dam is located at a point bearing N 78.349 W, 7,431 feet from the northeast corner of the James Edwards Survey, Abstract 190, also being at Latitude 30.369 N and Longitude 95.496, approximately 5 miles north-northwest from Conroe, Texas. Ownership of the land inundated by the reservoir is evidenced by a Warranty Deed, dated January 19, 2005, recorded as file number 2005-009457 in the official records of the Montgomery County Clerk. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application and fees were received on February 28, 2005. Additional information was received on March 23, 2005. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on March 24, 2005. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 5419A; Silverleaf Resorts LTD, 220 Holly Lodge Circle, Big Sandy, Texas 75755, applicant, seeks an amendment to Water Use Permit No. 5419 pursuant to Texas Water Code 11.122 and Texas Commission on Environmental Quality Rules 30 Texas Administrative Code (TAC ) 295.1, et seq. Applicant owns Water Use Permit No. 5419, which authorizes the owner to maintain two existing dams and reservoirs on Holly Creek and an unnamed tributary of Big Sandy Creek, tributaries of the Sabine River, Sabine River Basin, for in-place recreational purposes in Wood County, Texas. Holly Lake, on Holly Creek, impounds 264 acre-feet of water. Whispering Wind Lake, on an unnamed tributary of Big Sandy Creek, impounds 168 acre-feet of water. Applicant seeks to amend Water Use Permit No. 5419 to divert and use not to exceed 40 acre-feet of water per year from a point on unnamed tributary of Big Sandy Creek for recreational purposes at a maximum diversion rate 0.49 cfs (220 gpm). Water diverted will be released into Whispering Wind Lake and stored, in order to maintain the reservoir full. The diversion point will be located at Latitude 32.721 N and Longitude 95.222 W, also being N 40.75 W, 3,240 feet from the southeast corner of the Brooks and Burleson Survey, Abstract No. 92, 14.5 miles southeast of Quitman in Wood County, Texas. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application and partial fees were received on July 2, 2004, and requested information and fees were received on September 7, 2004, and January 4 and March 23, 2005. The application was declared administratively complete and filed with the Office of the Chief Clerk on March 29, 2005. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

INFORMATION SECTION

A public meeting is intended for the taking of public comment, and is not a contested case hearing.

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

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

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

TRD-200501529

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 13, 2005

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 13, 2005 . 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 13, 2005 . 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: Aelina Enterprises, Inc. dba Leander Grocery; DOCKET NUMBER: 2004- 1535-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 14319, Regulated Entity Number (RN) 101496420; LOCATION: Leander, Williamson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $3,150; ENFORCEMENT COORDINATOR: Cari Bing, (512) 239-1445; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(2) COMPANY: Commercial Metals Company; DOCKET NUMBER: 2004-1967-AIR-E; IDENTIFIER: Air Account Number EE0068J, RN102412376; LOCATION: Vinton, El Paso County, Texas; TYPE OF FACILITY: scrap and waste materials processing; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to dispense for sale gasoline with an oxygen content of at least 2.7% by weight; PENALTY: $1,220; ENFORCEMENT COORDINATOR: Mauricio Olaya, (915) 834-4949; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(3) COMPANY: Currey Enterprises, Inc. dba Budget Rentals; DOCKET NUMBER: 2004- 2095-PST-E; IDENTIFIER: PST Registration Number 69406, RN102029352; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (2)(A)(i)(III) and the Code, §26.3475(a) and (c), by failing to monitor underground storage tanks (USTs) for releases and conduct an annual tightness test for pressurized piping and line leak detectors; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414- 3520, (806) 796-7092.

(4) COMPANY: City of Eagle Lake; DOCKET NUMBER: 2004-0939-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 0010505001, RN102181195; LOCATION: Eagle Lake, Colorado County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 0010505001, and the Code, §26.121(a), by failing to comply with permitted effluent limits; PENALTY: $15,480; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Hank's Roll-Off & Waste Services, Inc.; DOCKET NUMBER: 2005-0100- MSW-E; IDENTIFIER: RN102467347; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: waste collection, recycling, and disposal; RULE VIOLATED: 30 TAC §330.4(a) and (b), by failing to obtain a permit or authorization to process municipal solid waste (MSW) and by transporting MSW for disposal to an unauthorized facility; PENALTY: $900; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Hixson Lumber Sales of Texas, Inc.; DOCKET NUMBER: 2005-0206-PST-E; IDENTIFIER: PST Facility Identification Number 63446, RN101544617; LOCATION: Caddo Mills, Hunt County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $800; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Bahadur Alibhai dba Hub Food Store; DOCKET NUMBER: 2004-2033-PST- E; IDENTIFIER: PST Facility Identification Number 6246, RN101547677; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,090; ENFORCEMENT COORDINATOR: Jill McNew, (512) 239-0560; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: IU Merger Sub, Inc.; DOCKET NUMBER: 2005-0079-MWD-E; IDENTIFIER: TPDES Permit Number 13866-001, RN100822576; LOCATION: near Austin, Williamson County, Texas; TYPE OF FACILITY: domestic wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 13866-001, and the Code, §26.121(a), by failing to comply with its permitted effluent limitations; PENALTY: $3,840; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(9) COMPANY: King's Crossing Golf & Country Club, Inc.; DOCKET NUMBER: 2005-0189- PST-E; IDENTIFIER: PST Registration Number 44631, RN101434504; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: country club which dispenses fuel for golf course maintenance equipment; RULE VIOLATED: 30 TAC §334.50(a)(1)(A) and the Code, §26.3475(a) and (c)(1), by failing to provide a method of release detection; and 30 TAC §303.71 and the Code, §5.702, by failing to pay watermaster assessment/South Texas fees and associated late fees; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412- 5503, (361) 825-3100.

(10) COMPANY: Josephina Estella dba La Bodega Quick Stop 2; DOCKET NUMBER: 2004- 2019-PST-E; IDENTIFIER: PST Identification Number 14468, RN101858462; LOCATION: Odessa, Ector County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $3,880; ENFORCEMENT COORDINATOR: Jill McNew, (512) 239-0560; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(11) COMPANY: Love's Travel Stops & Country Stores, Inc. dba Loves Country Store 270; DOCKET NUMBER: 2004-1772-IHW-E; IDENTIFIER: PST Identification Number 66875, RN102013240; LOCATION: Ranger, Eastland County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §335.4, by failing to prevent the unauthorized discharge from the oil-water separator; PENALTY: $600; ENFORCEMENT COORDINATOR: Mauricio Olaya, (915) 834-4949; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(12) COMPANY: Lucky Lady Oil Company dba Super Lucky Lady 3; DOCKET NUMBER: 2004-1951-PST-E; IDENTIFIER: PST Identification Number 10757, RN100539667; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; and 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $7,005; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: MFP Gas Service Company, L.C. dba Highway Oil; DOCKET NUMBER: 2004-1700-PST-E; IDENTIFIER: PST Identification Number 1274, RN101565356; LOCATION: White Settlement, Tarrant 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 provide corrosion protection; and 30 TAC §334.8(c)(5)(C), by failing to ensure that all USTs are properly identified; PENALTY: $8,000; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588- 5800.

(14) COMPANY: M.Y.M. Investment Inc. dba Kwik & Save Food Store; DOCKET NUMBER: 2004-1800-PST-E; IDENTIFIER: PST Identification Number 45095, RN102394160; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239- 2136; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.

(15) COMPANY: Oscar Food Corp. dba Circle A. Grocery Store; DOCKET NUMBER: 2004- 2116-PST-E; IDENTIFIER: PST Identification Number 8919, RN102409034; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,100; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(16) COMPANY: S. D. Harrison dba San Pedro Village; DOCKET NUMBER: 2005-0060- PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 2330046, RN102672839; LOCATION: Del Rio, Val Verde County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(e)(4)(A), (f)(2), (j), and (m)(1)(A) and (B), by failing to operate the system under the direct supervision of a certified operator, by failing to have the water system's operating records available for review, by failing to obtain customer service agreements and customer service inspections prior to providing water service, and by failing to conduct an annual inspection of the ground storage tank and pressure tank; 30 TAC §290.41(c)(1)(F) and (3)(N), by failing to provide a sanitary control easement for the well and by failing to have an operational flow meter; and 30 TAC §290.110(e)(4), by failing to submit a quarterly distribution report for PWS; PENALTY: $1,955; ENFORCEMENT COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE: 1403 Seymour, Suite 2, Laredo, Texas 78040-8752, (956) 791-6611.

(17) COMPANY: Mohammad Ghorashi dba Super Quick Market; DOCKET NUMBER: 2005- 0026-PST-E; IDENTIFIER: PST Facility Identification Number 18875, RN101495026; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Howard Willoughby, (361) 825- 3100; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(18) COMPANY: Loan Nguyen dba Super Stop Foodmart; DOCKET NUMBER: 2005-1940- PST-E; IDENTIFIER: PST Facility Identification Number 8062, RN101443729; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(2)(C) and (4)(C) and the Code, §26.3475(d), by failing to conduct regular inspections of an impressed current cathodic protection system and by failing to inspect and test corrosion protection systems; 30 TAC §334.8(c)(5)(C), by failing to permanently label all tanks fill pipes; 30 TAC §334.50(b)(1)(A) and (2) and the Code, §26.3475(a) and (c), by failing to ensure that all USTs are monitored for releases and by failing to ensure that all piping associated with the USTs are monitored for releases; and 30 TAC §334.48(c), by failing to conduct inventory control; PENALTY: $7,616; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(19) COMPANY: Thomas Petroleum Ltd. dba 77 Quick Stop; DOCKET NUMBER: 2005-0204- PST-E; IDENTIFIER: PST Facility Identification Number 65484, RN102275062; LOCATION: Robstown, Nueces County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; and 30 TAC §334.22(a) and the Code, §5.702, by failing to pay outstanding UST fees; PENALTY: $3,150; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412- 5503, (361) 825-3100.

(20) COMPANY: Tradesman, L.L.C.; DOCKET NUMBER: 2004-1313-EAQ-E; IDENTIFIER: Edwards Aquifer (EAQ) Site Registration Number 13-04021801, RN102565314; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: abandoned quarry pit; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an EAQ protection plan; PENALTY: $1,440; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(21) COMPANY: U.S. Denro Steels, Inc.; DOCKET NUMBER: 2005-0066-AIR-E; IDENTIFIER: Air Account Number CI0170H, RN100217421; LOCATION: Baytown, Chambers County, Texas; TYPE OF FACILITY: steel plate mill; RULE VIOLATED: 30 TAC §§122.143(4), 122.145(2), and 122.146(1) and (2), Air Permit Number O-01832, and THSC, §382.085(b), by failing to submit the annual Title V compliance certification and semiannual deviation reports; and 30 TAC §§21.4(3), 101.24(a), and 335.323, and the Code, §5.702(a), by failing to pay late fees; PENALTY: $3,620; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(22) COMPANY: Universal Transport, Inc.; DOCKET NUMBER: 2005-0274-PST-E; IDENTIFIER: RN103142667; LOCATION: Kountze, Hardin County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $560; ENFORCEMENT COORDINATOR: Chris Friesenhahn, (210) 490-3096; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(23) COMPANY: V&M Star, A Partnership with General and Limited Partners, LP; DOCKET NUMBER: 2004-1919-IWD-E; IDENTIFIER: TPDES Permit Number 0003787000, RN100215474; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: tubular goods production and end finishing; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 0003787000, and the Code, §26.121(a), by failing to comply with permit effluent limits; PENALTY: $5,960; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(24) COMPANY: Carl Wachsmann dba Wachsmann Store; DOCKET NUMBER: 2005-0397- PST-E; IDENTIFIER: PST Facility Identification Number 6135, RN101700623; LOCATION: Paige, Lee County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,280; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339- 2929.

(25) COMPANY: Waterside Corporation dba Bayview Marina; DOCKET NUMBER: 2004- 2012-PST-E; IDENTIFIER: PST Facility Identification Number 64729, RN102434081; LOCATION: Rowlett, Dallas County, Texas; TYPE OF FACILITY: marina with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(A)(i) and the Code, §26.3467(a), by failing to renew a delivery certificate by timely and proper submission of a new UST registration and self-certification form and by failing to make available to a common carrier a valid, current delivery certificate; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to ensure that all tanks are monitored for releases; and 30 TAC §334.10(b), by failing to have the required UST records maintained, readily accessible, and available for inspection; PENALTY: $6,120; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200501513

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 12, 2005

The executive director of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this public notice of a change in the remedial action for the Materials Recovery Enterprises state Superfund site (the site), in accordance with 30 Texas Administrative Code §335.349(b)(2). A copy of this notice will also be published in the local newspaper.

The site is located approximately 1/4 mile north of Farm-to Market Road 604 and 1/2 mile east of U.S. 83, approximately four miles southwest of Ovalo, Taylor County, Texas. The United States Air Force, operated the site as an F-Class Intercontinental Ballistic Missile Site in the 1960s. In 1977, Materials Recovery Enterprises, Inc. acquired and operated the facility as a Class I industrial solid waste management facility and utilized the decommissioned missile silo to dispose of waste waters from the metal finishing and electroplating industries. Wastes were accepted at the site from approximately 1979 to 1984.

A public meeting was held on July 31, 2003, to receive comments on the remedial action, which consisted of removal and treatment of the majority of the silo water and then spray evaporation in an on-site irrigation area. Additionally, the silo was to be filled with a combination of soil fill, flowable fill, and/or low strength concrete. An Administrative Order (Docket Number 2002-0835-SPF) requiring certain agreeing parties to implement the selected remedial action was issued by the commission on September 12, 2003.

During implementation of the selected remedial action approximately two feet per day of silo water was evaporated on-site during the summer and fall of 2004. However, during August, October, and November of 2004 excessive rainfall created a large volume of storm water which was captured in the on-site irrigation area, thus negating much of the progress in water evaporation.

Therefore, the TCEQ intends to modify the selected remedial action such that accumulated storm water and approximately half of the silo water would be disposed of in an approved off-site disposal well. The remaining silo water would be solidified using fluidized bed ash and then returned to the silo to form a solid fill. Other aspects of the previously selected remedy would be unchanged.

The change in the remedy affects the scope, performance, or cost of the selected remedial action, but uses the same approach and results in a remedial action at least as protective as the originally proposed remedy.

For further information, please contact the project manager, Jeffrey E. Patterson, Texas Commission on Environmental Quality, Remediation Division, at (512) 239-2489, or Courtney Hill, attorney, TCEQ Litigation Division at (512) 239-2436.

TRD-200501514

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 12, 2005

On April 7, 2005, the Radiation Program Officer, Department of State Health Services (department), approved the settlement agreement between the department and Texas NDT Company (licensee-L05089) of Pasadena. A total administrative penalty in the amount of $4,000 was assessed the licensee for violations of 25 Texas Administrative Code, Chapter 289. Of the total administrative penalty, $3,000 will be probated for a period of one year, and will be forgiven if the registrant complies with additional settlement agreement requirements.

A copy of all relevant material is available, by appointment, for public inspection at the Department of State Health Services, 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-200501521

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: April 13, 2005

The Department of State Health Services, having duly filed complaints pursuant to 25 Texas Administrative Code, §289.205, has revoked the following certification of mammography systems: Cyvon Imaging, Inc. dba Community Diagnostics, Dallas, Certification of Mammography Systems No. M00702.

A copy of all relevant material is available, by appointment, for public inspection at the Department of State Health Services, 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-200501522

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: April 13, 2005

The Texas Department of Insurance (the department) will conduct a public hearing under Docket Number 2613 for the purpose of selecting a licensing testing contractor to provide certain services under the Insurance Code, Article 21.01-1 as identified in RFP No. 05-RBD-LicTesting1 issued on February 1, 2005. A hearing is scheduled on May 4, 2005, at 10:00 a.m. in Room 100 of the William P. Hobby State Office Building, 333 Guadalupe Street in Austin, Texas. The hearing is held in compliance with the Insurance Code, Article 21.01-1, which requires that the department hold a public hearing prior to the selection of a licensing testing contractor.

Project Description. The selected contractor shall provide the department with testing services that include examination development, test scheduling, application processing, examination site arrangement and the test’s administration, grading, reporting and analysis. The selected contractor shall cooperate with advisory boards, if any, appointed by the Commissioner of Insurance under the Insurance Code, Article 21.01-1.

Contacts. Parties may request a copy of the department’s RFP by contacting Ms. Regina B. Durden, Director of Purchasing and Contract Administration, Mail Code 108-1B, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 463-6174. For further information regarding the hearing, parties should contact the Office of Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 463-6326.

TRD-200501525

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: April 13, 2005

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 INTERMEDIARY INSURANCE SERVICES, INC., a foreign third party administrator. The home office is SAN FRANCISCO, CALIFORNIA.

Application for admission to Texas of HF Administrative Services, Inc., a foreign third party administrator. The home office is NEW YORK, NEW YORK.

Any objections must be filed within 20 days after this notice is published in the Texas Register, addressed to the attention of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.

TRD-200501526

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: April 13, 2005

1.0 Name and Style of Game.

A. The name of Instant Game No. 557 is "MONEY GAME". The play style is "key number match.

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 557 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 557.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00,$50.00, $100, $500, or $5,000.

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

1.0 Name and Style of Game.

A. The name of Instant Game No. 560 is "SUPERCASH". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 560 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 560.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, SUPERCASH SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $200, $2,000 or $20,000.

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

1.0 Name and Style of Game.

A. The name of Instant Game No. 562 is "LUCKY DIAMONDS". The play style is "match up with doubler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 562 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 562.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $500, $1,000 or WILD SYMBOL.

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

Notice is given to the public of an application filed with the Public Utility Commission of Texas on April 8, 2005, for designation as an eligible telecommunications carrier (ETC) and eligible telecommunications provider (ETP) pursuant to P.U.C. Substantive Rule §26.418 and §26.417, respectively.

Docket Title and Number: Application of Connect Paging, Incorporated, doing business as Get A Phone, for Designation as an Eligible Telecommunications Carrier Pursuant to U.S.C. §214(e) and as an Eligible Telecommunications Provider Pursuant to P.U.C. Substantive Rule §26.417. Docket Number 30991.

The Application: The company is requesting ETC/ETP designation in order to be eligible to receive federal and state universal service funding to assist it in providing universal service in Texas. Pursuant to 47 U.S.C. §214(e), the commission, either upon its own motion or upon request, shall designate qualifying common carriers as ETCs and ETPs for service areas set forth by the commission. Connect Paging, Incorporated, doing business as Get A Phone, seeks ETC/ETP designation in the study area of SBC, a non-rural incumbent local exchange carrier. The Company holds Service Provider Certificate of Operating Authority Number 60530.

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 May 12, 2005. 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 30991.

TRD-200501496

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 11, 2005

Notice is given to the public of a joint application for sale, transfer, or merger filed with the Public Utility Commission of Texas on April 8, 2005, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.101 and §37.154 (Vernon 1998 & Supplement 2005) (PURA).

Docket Style and Number: Joint Application of AEP Texas North Company and LCRA Transmission Services Corporation to Transfer Certificate Rights and for Approval of Transfer of Facilities, Docket Number 30996.

The Application: AEP Texas Central Company (TCC) and LCRA Transmission Services Corporation (LCRA TSC) (Applicants) request approval to transfer from TCC to LCRA TSC two transmission facilities and associated certificate of convenience and necessity (CCN) rights. TCC holds CCN Number 30028 and LCRA TSC holds CCN Number 30110. TCC owns two 69 kV transmission lines located in Aransas County (the Rockport to Fulton transmission line) and Starr County (the Garceno to Roma transmission line), which are being rebuilt to 138 kV design standards and will be capable of 138 kV operation, although both facilities will continue to operate initially at 69 kV. The Rockport to Fulton transmission line rebuild project is contained within the Rebuild Rockport to Fulton 69 kV Line Project Agreement. The 7.35 mile line is located in Aransas County and is a rebuild of a 69 kV line from 4/0 to 795 ACSR conductor between the TCC Rockport and Fulton Substations. This transmission line will increase power transfer capacity in the Rockport area. The Garceno to Roma transmission line rebuild project is contained within the Project Agreement titled Rio Grande 69 kV to 138 kV Conversion Project. The 5.4 mile Garceno-Roma 69 kV transmission line is located in Starr County and is a rebuild of a 69 kV transmission line from 4/0 to 795 ACSR conductor between the TCC Garceno and Roma Substations. This transmission line is one of several listed in this project agreement that will resolve various overload conditions by several transmission facility outage conditions. For these transmission facilities, the existing 69 kV facilities are being removed and retired, and the rebuilding of the lines qualifies both as exempt CCNs under P.U.C. Substantive Rule §25.101(c)(5)(B). The Rockport to Fulton project is anticipated to be completed on June 2, 2005, and the Garceno to Roma project is anticipated to be completed on April 22, 2005.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission’s Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 30996.

TRD-200501517

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 12, 2005

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 5, 2005, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of OnStream Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 30978 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, and long distance services.

Applicant's requested SPCOA geographic area includes the area served by all Local Access and Transport Areas (LATAs) in the State of 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 April 27, 2005. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 30978.

TRD-200501477

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 8, 2005

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 7, 2005, for a service provider certificate of operating authority (SPCOA), pursuant to Public Utility Regulatory Act (PURA) §§54.151 - 54.156. A summary of the application follows.

Docket Title and Number: Application of VCI Company for a Service Provider Certificate of Operating Authority, Docket Number 30990 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service and UNE P service.

Applicant's requested SPCOA geographic area includes the entire State of 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 April 27, 2005. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 30990.

TRD-200501495

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 11, 2005

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on March 11, 2005, 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 (Resaca Group, LLC). Docket Number 30864.

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. BPUB received a letter request to provide electric utility service to 6.675 acres of undeveloped land located on the frontage road of US 77. The estimated cost to BPUB to provide service to this proposed area is $4,756.91. If the application is granted the area would be dually certificated for electric service.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas no later than April 1, 2005, 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 30864.

TRD-200501478

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 8, 2005

Notice is given to the public of an application filed by Industry Telephone Company (Industry) with the Public Utility Commission of Texas (commission) on March 28, 2005 to make a tariff rate change.

Docket Title and Number: Application of Comanche Industry Telephone Company for Approval of a Minor Rate Change Pursuant to P.U.C. Substantive Rule §26.171. Tariff Control Number 30928.

The Application: Industry has filed a statement of intent with the Commission to restructure its existing service charges, replace a service charge and introduce new service charges.

For a copy of the proposed tariffs or for further information regarding this application, customers should contact Industry Telephone Company at 17105 Fordtran Blvd., Industry, Texas 78944 or call (979) 357-4411 during regular business hours.

Customers have a right to petition the commission for a review of this application. If the commission receives a complaint relating to the proposed change from either an affected intrastate access customer or a group of affected intrastate access customers that, the preceding 12 months, the company billed more than 10% of its total intrastate gross access revenues, the application will be docketed. The deadline to comment or request to intervene in this proceeding is June 13, 2005. Persons wishing to comment or intervene should contact the Public Utility Commission of Texas, Customer Protection Division, P.O. Box 13326, Austin, Texas 78711-3326 or call the commission at (512) 936-7120 or in Texas (toll-free) at 1-888-782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (toll-free) 1-800-735-2988.

TRD-200501516

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 12, 2005

The City of Fort Worth through its agent, the Texas Department of Transportation (TxDOT), intends to engage an aviation professional services firm for services pursuant to Chapter 2254, Subchapter A, of the Government Code. TxDOT, Aviation Division, will solicit and receive proposals for professional services as described below:

Airport Sponsor: City of Fort Worth, TxDOT CSJ No. 0502FTWRH; Scope: Request for proposals for an Airport System Plan that includes Fort Worth Alliance Airport, Fort Worth Meacham International Airport and Fort Worth Spinks Airport in accordance with the Federal Aviation Administration Advisory Circular, The Airport System Planning Process, AC No: 150/5070-7.

The HUB goal is set at 0%. TxDOT Project Manager is Michelle Hannah.

Interested firms shall utilize the Form AVN-551 titled "Aviation Planning Services Proposal". The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site, URL address http://www.dot.state.tx.us/avn/avn551.doc . The form may not be altered in any way. All printing must be in black ink on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. (Attention: To ensure utilization of the latest version of Form 551, firms are encouraged to download Form 551 from the TxDOT website as addressed above. Utilization of Form 551 from a previous download may not be the exact same format. Form 551 is an MS Word Template.)

Seven unfolded copies of Form AVN-551 must be postmarked by U. S. Mail by midnight May 13, 2005 (CDST). Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. (CDST) on May 16, 2005. Overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Please mark the envelope of the forms to the attention of Sheri Quinlan. Hand delivery must be received by 4:00 p.m. May 16, 2005 (CDST). Hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. Electronic facsimiles or forms sent by email will not be accepted.

The consultant selection committee will be composed of local government members. The final selection by the committee will generally be made immediately following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluating planning proposals can be found at www.dot.state.tx.us/business/avnconsultinfo.htm . All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. In such case, selection will be made following interviews.

If there are any procedural questions, please contact Sheri Quinlan, Grant Manager, or Michelle Hannah, Project Manager for technical questions at 1-800-68-PILOT (74568).

TRD-200501504

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: April 12, 2005