Central Texas Regional Mobility Authority

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

Coastal Coordination Council

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. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of January 6, 2005, through January 13, 2005. 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. The notice was published on the web site on January 12, 2005. The public comment period for these projects will close at 5:00 p.m. on February 11, 2005.

FEDERAL AGENCY ACTIONS:

Applicant: Devon Energy Production Company, L.P. ; Location: The project is located in Greens Lake, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Virginia Point, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 305821; Northing: 3239662. Project Description: The applicant proposes to drill for petroleum resources, install structures, install an 8-inch maximum pipeline (up to 9965.7 feet), install an 8-inch maximum sales pipeline (up to 11822.15 feet), dredge an access channel (up to 4334 feet) and basins, stabilize shoreline, and construct dredge material placement areas. Approximately 4,500 cubic yards of shell, crushed rock, or washed gravel will be used as a base for proposed the Well No. 1. Approximately 11.3 acres of shallow, nonvegetated bay substrate would be excavated for the proposed access channel to this well and for its initial drilling basin. If the first well is productive, Well Nos. 2-5 may be drilled as shown in the attached plans. Approximately 2.8 acres of additional shallow bay substrate would be excavated for the basins associated with those wells. No wetlands or seagrasses would be impacted by dredging, drilling, or pipeline installation.

Prior to selecting the proposed project, the applicant evaluated alternative means of drilling the proposed wells. Drilling from uplands and onshore wetlands in the project area was considered. Due to the significance of wetland impacts and the lack of uplands within a practical distance from the bottom-hole location(s), upland and wetland alternatives were rejected and were not practicable. Alternative bay locations were also considered. Due to the configuration of subsurface targets, locations south of the Gulf Intracoastal Waterway (GIWW) were not feasible. The applicant attempted to obtain permission from other leaseholders so that drilling might occur outside of the proposed area. This permission was denied. Dredging access options were also considered. The proposed channel lengths, widths, and depths are considered the minimum necessary to accomplish drilling rig access. The applicant is evaluating potential means of reducing the required draft of the access channel and, if successful, the dredge volume and dredge material placement area would be reduced in size.

The applicant considered several dredge material placement options. The applicant's Preferred Option is placement of the dredged material is at the existing Corps of Engineers confined disposal facility #58A. If a suitable land placement site is not available, the applicant has identified two options for beneficially using the dredged material. Up to 150,000 cubic yards of sand, silt, and clay may be discharged into one or both of these confined Beneficial Use (B.U.) sites. If all wells were constructed, between 22.0 to 40.0 acres of bay bottom could be filled with dredge material during the creation of these sites and their associated wetland habitat. Of that, 80,000 cubic yards would be discharged during initial dredging and 70,000 cubic yards would be discharged during subsequent dredging and maintenance dredging. Every effort will be made to avoid wetland impacts.

The preferred B.U. Option is the Option 1 site (28.0-acre), which involves placement of all material in a confined habitat creation site at the mouth of Greens Lake. If use of this site is not practicable, the applicant will place all dredge material into the B.U. Option 2 site (22.0-acre). The B.U. Option 2 site would result in the creation of habitat south of the GIWW near Greens Lake. If the applicant uses the aforementioned land placement, or the B.U. Option 2 site, the applicant will construct the preferred access channel and construct a breakwater at the mouth of Green's Lake. This breakwater will mitigate salinity intrusion due to past erosion at the mouth of Green's Lake and will also mitigate possible salinity intrusion effects due to dredging of the access channel. The breakwater will be completed within six months of completion of dredging. If the B.U. Option 1 site is used, the breakwater would not be built unless the southeastern levee of the B.U. Option 1 site is not armored.

All of the material placement options would offer benefits to the Green's Lake system: (a) protection of shallow bottom from wave action and reduced shoaling of the GIWW; (b) protection of wetlands from wave action; (c) creation of at least 1200 linear feet of hard structure or reef habitat near the mouth of Green's Lake; and (d) the creation of up to 2.1 acre of shallow reef in mud-oyster bottom near the drilling basin (if oysters excavated from the channel and basin are not used for construction of the breakwater near the mouth of Green's Lake).

Additionally, if Options 1 or 2 are used for material placement, between 22.0 and 28.0 acre of wetland, fisheries and bird habitat would be created. It is anticipated that the created habitat would be comprised of approximately 20% bird nesting, roosting and non-tidal pond habitat, 15% high marsh, 10% intermediate marsh, 55% low marsh and tidal ponds and channels. Habitat ratios may vary depending upon soils, dredging methods and other factors.

If a B.U. site is used for placement of the dredged material, planting, replanting, and monitoring will be performed generally according to standard Texas General Land Office (GLO) guidelines as follows: a) Agencies will be notified at least two weeks prior to initiation of planting. b) Following sediment conditioning of at least 90 days, the area will be planted on 3-foot centers. A planting unit will consist of a sprig of each of the various species. Each planting unit will be securely embedded in the planting surface. c) Plant material will be borrowed from state, federal, or private wetlands. d) No more than one 6" plug of source material per one square yard shall be obtained from the designated borrow areas. Incidental damage to borrow areas shall be strictly avoided. e) Complete photographic coverage of planting area taken immediately prior to and following transplant activities shall be submitted to the Corps of Engineers (CE), GLO, and resource agencies. f) CE, GLO, and resource agencies shall be notified in writing upon completion of the planting effort. g) A monitoring effort will be conducted within 60 days following the initial planting. If 50% survival of the transplant material is not achieved, an 2nd planting effort will be made either within the next 30 days during the first non-summer period following the 60-day monitoring effort. A written report detailing the results of the effort shall be submitted within 30 days following the replanting. h) If at least 70% coverage is not achieved within 2 years following planting, another planting effort will be made within the next 30 days or during the first non-summer period following the two-year monitoring effort. A written report detailing the results of this effort shall be submitted within 30 days following the survey. i) A 3-year monitoring study will be conducted following the planting. The percent vegetative coverage will be monitored within the mitigation area. The monitoring study will note any unusual erosion and sedimentation variations. Rates of erosion and other observations will also be made. Subsequent progress reports containing the referenced information shall be submitted to the CE, GLO, and resource agencies at 6-month, 1-year, 2-year, and 3-year intervals following planting.

Within the B.U. sites, areas between elevations +1.8 ft MLT and +2.5 ft MLT (low marsh) will be planted with smooth cordgrass (Spartina alterniflora). Areas between elevations +2.5 ft MLT and +3.0 ft MLT (intermediate marsh) will be planted with saltgrass (Distichlis spicata), sea ox-eye daisy (Borrichia frutescens), saltwort (Salicornia virginica), and glasswort (Batis maritima), and other associated species. Areas above elevation +3.0 ft MLT (high marsh) will be planted with marsh hay cordgrass (Spartina patens), Gulf cordgrass (Spartina spartinae), sea ox-eye daisy and associated species. Areas below +1.8 ft MLT will remain unplanted to serve as open water and circulation routes. If B.U. Option 1 is used, an unplanted shallow, perched pond area would be constructed for bird utilization. Planting of the unarmored levees would begin within 30 days of completion of construction and would be completed within 30 days of start of planting. Planting of the dredged material would begin within 30 days of the consolidation of the material, but no longer than 6 months after completion of construction. Planting of the consolidated dredge material would be completed within 60 days of start of planting.

Circulation channels will be constructed through the levees of B.U. Options 1 and 2 to allow tidal exchange. Other circulation channels will be constructed as deemed appropriate. The channels will be a minimum of 10-foot bottom width and will be constructed after the dredged material has sufficiently consolidated. Culverts drop gate structures or other water control devices may be placed in the levees to facilitate dewatering of the site. Such devices, including the discharge structures, will be removed after consolidation of the dredged material.

The proposed access channel and Well No. 1 basin dredging will impact up to 2.5 acre of mud-oyster bay bottom. During the construction bidding process, cost issues will factor in whether the excavated shell and oysters (approximately 4,000 cu yds) will either be used to create up to 1.0 acre of reef near the drilling basin or to create a 1.77 acre reef breakwater near the mouth of Green's Lake. Approximately 77,105 square feet of mud bottom would be filled to construct the breakwater.

If Well No. 1 is commercially productive, the basin for Well No. 1 will be expanded to accommodate additional wells. Any substantial accumulated material in the access channel will be removed either mechanically and hauled to an approved land site, or it will be hydraulically dredged and pumped into 18.0 acre of the B.U. Option 2 site. Up to 2.8 acre of mud-oyster bay bottom would be impacted by new dredging associated with the expansion. Up to 4,600 cubic yards of shell-oysters removed from the expanded basins for Well Nos. 2-5 will be used to create up to 1.1 acre of reefs near the basin area.

The created reefs will be monitored 60 days, 6 months, 1, 2, and 3 years after completion of the construction of the reef. Monitoring will estimate the surface area of exposed shell, density, and size distribution of live oysters, typical elevations of the reef base and crest, and any accumulation of sediment. Monitoring reports will be submitted to the CE, GLO and resource agencies within 30 days following the surveys. Boom-type silt curtains will be placed to protect reefs within 500 feet of the proposed construction and access channel.

The applicant will also install approximately 980 feet or 15,680 square feet of articulated mat or breakwater along the shoreline west of the proposed access channel. The purpose of this construction is to control erosion due to vessel traffic and due to natural forces.

CCC Project No.: 05-0097-F1; Type of Application: U.S.A.C.E. permit application #23572 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Applicant: Frank Markantonis ; Location: The project is located in wetlands southwest of the intersection of Teichman Road and 91st Street, in Galveston, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Galveston, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 318252; Northing: 3240351. Project Description: The applicant proposes to fill 0.08 acre of tidally influenced wetlands for the construction of a residential homesite. The proposed fill includes raising the elevation of the south end of the lot and the backfill necessary to construct approximately 80 feet of bulkhead. The applicant also seeks authorization to rebuild a 150-foot-long pier, terminating with an L-head and boathouse. To offset the proposed fill of smooth cordgrass (Spartina alterniflora) wetland the applicant proposes to construct a 170-foot-long riprap breakwater, raise the elevation of the area behind the breakwater, and plant the area with smooth cordgrass. The area to be filled and planted for mitigation is 0.09 acre. CCC Project No.: 05-0080-F1; Type of Application: U.S.A.C.E. permit application #23520(01) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: TH Investments, Inc. ; Location: The project is located within the San Jacinto River, along the eastern bank of the Lost Lake Dredge Material Placement Area (LLDMPA), in Harris County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Highlands, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 299043; Northing: 3295572. Project Description: The applicant proposes to install 10 mooring buoys along the eastern shoreline of the LLDMPA. The buoys will be placed 200 feet apart and 50 feet from the shoreline of the LLDMPA. The mooring buoys will be used for a barge fleeting area. The applicant proposes this project is an extension of the previously approved barge fleeting area located to the north of the proposed site. CCC Project No.: 05-0078-F1; Type of Application: U.S.A.C.E. permit application #22941(02) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: TH Investments, Inc. ; Location: The project is located within the San Jacinto River, south of Hog Island, east of the navigation channel and west of the Lynchburg Reservoir, in Harris County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Highlands, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 299313; Northing: 3295630. Project Description: The applicant proposes to install structures to facilitate the fleeting of barges. The structures will include 2 spud barges, each 195-foot-long by 35-foot-wide, and 11 mooring buoys. The mooring buoys will be placed 200 feet apart. The average depth of the project site varies between -9.5 to -15 feet. The applicant intends to fleet barges between the proposed structures and the navigation aids. CCC Project No.: 05-0085-F1; Type of Application: U.S.A.C.E. permit application #23601 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: Ray A. Caballero ; Location: The project is located along Offatts Bayou, at 6310 Heards Lane, in Galveston, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Galveston, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 321737; Northing: 3240092. Project Description: The applicant proposes to retain two existing piers that were built outside the scope of Department of Army Permit 22698. The first existing pier (Pier 3 on attached plans) to be retained is 93 feet long with a 4-foot-wide walkway and has a 51.6-foot-wide by 3.6-foot-long T-head. There are also 6 finger piers that extend from the main pier that measure from 15 to 20 feet in length with 2-foot-wide walkways. The second existing pier (Pier 4 on attached plans) to be retained is 89.6 feet long with a 4 foot wide walkway and has a 52-foot-wide by 5-foot-long T-head. There are also 6 finger piers that extend from the main pier that measure from 23.6 to 24 feet in length with 2-foot-wide walkways.

The applicant also proposes to amend the original permit plans to retain existing pilings associated with two new proposed piers (Piers 1 and 2 on attached plans). The two newly proposed piers will be 80-foot-long with a 2-foot-wide walkway and each will have a 30-foot-long by 4-foot-wide L-head. A 48-foot-long by 13.6-foot-wide deck will be built between the proposed piers.

CCC Project No.: 05-0096-F1; Type of Application: U.S.A.C.E. permit application #22698(01) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

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. Gwen Spriggs, Council Administrative Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or gwen.spriggs@glo.state.tx.us. Comments should be sent to Ms. Spriggs at the above address or by fax at 512/475-0680.

TRD-200500242

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in 303.003, 303.009, and 304.003, Tex. Fin. Code.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 01/24/05 -- 01/30/05 is 18% for Consumer ¹ /Agricultural/Commercial ² /credit thru $250,000.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 01/24/05 -- 01/30/05 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by Sec. 304.003 for the period of 02/01/05 -- 02/28/05 is 5.25% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by Sec. 304.003 for the period of 02/01/05 -- 02/28/05 is 5.25% for Commercial over $250,000.

¹ Credit for personal, family or household use.

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

TRD-200500248

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Applications to Expand Field of Membership

Credit Union Department

Notice is given that the following applications have been filed with the Credit Union Department and are under consideration:

An application was received from Scott & White Employees Credit Union, Temple, Texas to expand its field of membership. The proposal would permit persons who live, work, attend school or worship in and businesses located within Bell County, Texas, to be eligible for membership in the credit union.

An application was received from Houston Postal Credit Union, Houston, Texas to expand its field of membership. The proposal would permit persons who live, work, attend school, or worship in and businesses located within 10 miles of each of the following branch offices: 6055 South Loop East, Houston, Texas 77087; 401 Franklin Avenue, Houston, Texas 77002; 4600 Aldine Bender Road, Houston, Texas 77032; 9998 Almeda-Genoa Road, Houston, Texas 77075; and within 5 miles of the ATM located at 315 Addicks Howell Road, Houston, Texas 77079, to be eligible for membership in the credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.tcud.state.tx.us/applications.html. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200500246

Harold E. Feeney

Commissioner

Credit Union Department

Texas Commission on Environmental Quality

Notice of Final Action Taken

In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following applications:

Applications to Expand Field of Membership--Approved

Winkler County Credit Union, Kermit, Texas (Conditional)--See Texas Register issue dated May 28, 2004 (29 TexReg 5432).

Lone Star Credit Union, Dallas, Texas--See Texas Register issue dated September 24, 2004 (29 TexReg 9217).

Star of Texas Credit Union, Austin, Texas--See Texas Register issue dated September 24, 2004 (29 TexReg 9217).

Application to Expand Field of Membership--Denied

MemberSource Credit Union, Houston, Texas (#2)--See Texas Register issue dated October 29, 2004 (29 TexReg 10153).

Application to Amend Articles of Incorporation--Approved

GPS Community Credit Union, Galena Park, Texas--See Texas Register issue dated November 26, 2004 (29 TexReg 11175).

Application for a Merger or Consolidation--Approved

PriorityOne Credit Union (Dallas) and Resource One Credit Union (Dallas)--See Texas Register issue dated July 30, 2004 (29 TexReg 7520).

TRD-200500245

Harold E. Feeney

Commissioner

Credit Union Department

Filed: January 19, 2005

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 28, 2005 . The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 28, 2005 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the commission in writing .

(1) COMPANY: Ambica Corporation dba Pecan Food Mart; DOCKET NUMBER: 2003-0836-PST-E; TCEQ ID NUMBERS: 27721 and RN101382018; LOCATION: 2101 South First Street, Austin, Travis County, Texas; TYPE OF FACILITY: gas station; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance tor taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the operation of petroleum underground storage tanks (USTs); PENALTY: $2,850; STAFF ATTORNEY: Christie Walters, Litigation Division, MC 175, (512) 239-1357; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(2) COMPANY: Barker Business, Inc. dba Speedy Mart; DOCKET NUMBER: 2003-1030-PST-E; TCEQ ID NUMBER: 35281; LOCATION: 2414 West Parkwood, Friendswood, Galveston County, Texas; TYPE OF FACILITY: gas station; RULES VIOLATED: 30 TAC §115.246(4) and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain documentation of Stage II vapor recovery training for each employee; 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; and 30 TAC §115.245(2) and THSC, §382.085(b), by failing to conduct a successful annual pressure decay test on the Stage II vapor recovery system; PENALTY: $6,900; STAFF ATTORNEY: Jeffrey Huhn, Litigation Division, MC 175, (512) 239-5111; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Haafiz & Aman Inc.; DOCKET NUMBER: 2003-1195-PST-E; TCEQ ID NUMBERS: 630 and RN101794758; LOCATION: 3110 16th Street, Orange, Orange County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor for releases from the USTs at least once per month, not to exceed 35 days; PENALTY: $2,000; STAFF ATTORNEY: Wendy Cooper, Litigation Division, MC R-4, (817) 588-5867; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(4) COMPANY: Helotes Water Company; DOCKET NUMBER: 2002-0197-PWS-E; TCEQ ID NUMBERS: 101274033 and RN101274033; LOCATION: on Dent Lane 1/4 mile southwest of the intersection of Dent Lane and State Highway 16, near Helotes, Bexar County, Texas; TYPE OF FACILITY: public water utility; RULES VIOLATED: 30 TAC §291.101(a) and TWC, §13.242(a), by failing to obtain from the commission a certificate of convenience and necessity prior to rendering retail water service; and 30 TAC §291.21 and TWC, §13.190, by failing to obtain an approved tariff where obtaining compensation for providing water service; PENALTY: $1,040; STAFF ATTORNEY: Christie Walters, Litigation Division, MC 175, (512) 239-1357; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(5) COMPANY: Hermilio Gracia and Alma Gracia; DOCKET NUMBER: 2003-0493-MSW-E; TCEQ ID NUMBERS: 455150052 and RN102821550; LOCATION: 1/4 mile west of Highway 77 on Spur 112, Lyford, Willacy County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste disposal; RULES VIOLATED: 30 TAC §330.5(a), by failing to prohibit the disposal of municipal solid waste at an unauthorized site; PENALTY: $7,875; STAFF ATTORNEY: Lindsay Andrus, Litigation Division, MC 175, (512) 239-4761; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(6) COMPANY: Mario Solis dba 1732 Used Auto Parts; DOCKET NUMBER: 2003-1239-MLM-E; TCEQ ID NUMBERS: R15SW0011 and RN103023677; LOCATION: approximately 1/2 mile east of the intersection of Farm-to-Market Road (FM) 1421 and FM 1732, on the north side of FM 1732, Olmito, Cameron County, Texas; TYPE OF FACILITY: automobile salvage yard; RULES VIOLATED: 30 TAC §281.25(a)(4) and TWC, §26.121(a), by failing to obtain authorization prior to discharging storm water associated with an industrial activity; and 30 TAC §330.5(c) and §328.13(a), by failing to prevent the disposal of municipal solid waste, including waste tires, construction debris, and lead-acid battery; PENALTY: $12,600; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(7) COMPANY: Rabnawaz Sattar dba Stop N Get; DOCKET NUMBER: 2003-1157-PST-E; TCEQ ID NUMBERS: 29667 and RN102283330; LOCATION: 2731 East Cesar Chavez, Austin, Travis County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(2)(C) and TWC, §26.3475(d), by failing to check the rectifier impressed current cathodic protection system at least once every 60 days; 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the operation of petroleum USTs; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(a), by failing to monitor USTs for releases at a frequency of at least once every month; 30 TAC §334.8(c)(4)(B) and TWC, §26.346(a), by failing to submit an updated UST registration and self-certification form to the TCEQ with current financial assurance information; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to ensure that a valid TCEQ delivery certificate was posted before accepting delivery into the USTs; and 30 TAC §334.10(b), by failing to provide records of fuel deliveries; PENALTY: $14,490; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(8) COMPANY: Shepherd Southwest Corporation; DOCKET NUMBER: 2004-0079-PST-E; TCEQ ID NUMBER: 940 and RN102009396; LOCATION: 306 FM 359, Brookshire, Waller County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (d)(1)(B)(ii) and TWC, §26.3475, by failing to provide adequate release detection by not conducting reconciliation of inventory control records on a monthly basis in conjunction with automatic tank gauging; PENALTY: $15,300; STAFF ATTORNEY: Christie Walters, Litigation Division, MC 175, (512) 239-1357; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200500223

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 18, 2005

Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 28, 2005 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 28, 2005 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to the commission in writing .

(1) COMPANY: Anwar Dayani dba Sid's Food Store; DOCKET NUMBER: 2003-1140-PST-E; TCEQ ID NUMBERS: 0015149 and RN101562643; LOCATION: 13317 Kleberg Road, Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.245(2) and Texas Health and Safety Code (THSC), §382.085(b), by failing to conduct an annual pressure decay test within the preceding 12-month period; and 30 TAC §115.242(3)(A) and (G) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition; PENALTY: $600; STAFF ATTORNEY: Lindsay Andrus, Litigation Division, MC 175, (512) 239-4761; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Beaumont Town & Country Plaza, Inc.; DOCKET NUMBER: 2004-0527-PST-E; TCEQ ID NUMBER: 74817 and RN102866191; LOCATION: 13159 Farm-to-Market Road 365, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(d)(1)(B)(ii) and TWC, §26.3475, by failing to reconcile inventory control records on a monthly basis which were sufficiently accurate to detect a release which equaled or exceeded the sum of 1% of the flow through plus 130 gallons; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475, by failing to monitor its underground storage tank (UST) systems for releases at least once per month; 30 TAC §334.8(c)(5)(C), by failing to physically label all tank fill pipes according to the registration and self-certification form; and 30 TAC §37.835(b), by failing to provide a properly worded insurance policy for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $8,700; STAFF ATTORNEY: Barbara Klein, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(3) COMPANY: CMH Parks, Inc. dba Raintree Acres Mobile Home Park; DOCKET NUMBER: 2004-0374-MWD-E; TCEQ ID NUMBERS: 12849001 and RN101613321; LOCATION: 1938 Garden Road 209, Pearland, Brazoria County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number 12849001, by failing to comply with permit limitations; 30 TAC §319.11(c), by failing to maintain the primary flow measurement device; and 30 TAC §317.7(i) and TPDES Permit Number 12849001, Monitoring and Reporting Requirements Number 5, by failing to provide documentation of calibration of the backflow prevention device on the incoming potable water line; PENALTY: $33,000; STAFF ATTORNEY: Barbara Klein, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Effluent Recycling, Inc.; DOCKET NUMBER: 2003-1533-MLM-E; TCEQ ID NUMBERS: C87376, A85740, and RN102755089; LOCATION: 1010 Benjamin Street, Fort Worth, Tarrant County, and 1117 South Commerce, Ranger, Eastland County, Texas; TYPE OF FACILITY: hazardous waste storage and used oil handling; RULES VIOLATED: 30 TAC §335.112(a)(9) and 40 Code of Federal Regulations (CFR) §265.192, by failing to provide a written assessment that was reviewed and certified by an independent, qualified registered professional engineer; 30 TAC §335.2(a) and §335.43(a), and 40 CFR §270.1(c), by failing to obtain a permit to store hazardous waste; 30 TAC §335.112(a)(9) and 40 CFR §265.193, by failing to install and maintain secondary containment which is designed to prevent any migration of waste or accumulated liquids out of the tank system into the soil, groundwater, surface water, at any time during the use of the tank system; 30 TAC §335.112(a)(9) and 40 CFR §265.195, by failing to provide documentation for inspections conducted on the tank system; 30 TAC §335.112(a)(8) and 40 CFR §265.176, by failing to maintain containers holding ignitable waste at least 50 feet from the property line; 30 TAC §335.112(a)(8) and 40 CFR §265.173, by failing to close hazardous waste containers; 30 TAC §337.3(b) and §327.5(c), by failing to make notifications of reportable discharges or spills into the environment within 24 hours; 30 TAC §335.62 and 40 CFR §262.11, by failing to conduct a complete hazardous waste determination for the ground storage tank bottoms; 30 TAC §335.4(1), by failing to prevent the disposal of industrial solid waste in such a manner to cause the discharge or imminent threat of discharge into or adjacent to the waters in the state without specified authorization; 30 TAC §335.5 and §335.6(a), by failing to deed record and to comply with written or electronic notification requirements for the disposal of industrial solid waste; 30 TAC §324.4, 40 CFR §279.12(a), and TWC, §26.121, by failing to manage used oil in such a manner as to not endanger the welfare of the environment; 30 TAC §324.6 and 40 CFR §279.22, by failing to maintain six 12,000-gallon used oil tanks in good condition with no visible leaks, and labeled or marked clearly with the words "used oil"; 30 TAC §324.1 and §324.12(3), and 40 CFR §§279.44(a), 279.53(a), and 279.57, by failing to provide documentation to meet the rebuttable presumption for used oil as a transporter and processor/re-refiner and failing to meet operating record requirements for not having a facility analysis plan; and 30 TAC §324.12 and 40 CFR §279.52, by failing to maintain and operate the facility to minimize the possibility of a fire or explosion; PENALTY: $1,340; STAFF ATTORNEY: Wendy Cooper, Litigation Division, MC R-4, (817) 588-5867; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800 and Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(5) COMPANY: Electro-Coatings of Texas, Inc.; DOCKET NUMBER: 2001-0588-IHW-E; TCEQ ID NUMBER: 30783; LOCATION: 216 Baywood Street, Houston, Harris County, Texas; TYPE OF FACILITY: metal finishing; RULES VIOLATED: 30 TAC §335.69(a)(1)(B) and §335.112(a)(9), and 40 CFR §262.34(a)(1)(ii) and §265.191(a), by failing to obtain a certified written integrity assessment for an existing "less than 90 days" hazardous waste tank; 30 TAC §335.69(a)(1)(B) and §335.112(a)(9), and 40 CFR §262.34(a)(1)(ii) and §265.193(a)(3), by failing to provide adequate secondary containment for an existing "less than 90 days" hazardous waste tank; 30 TAC §335.69(a)(1)(B) and §335.112(a)(9), and 40 CFR §§262.34(a)(1)(ii), 265.192, and 265.193(a)(1), by failing to provide adequate secondary containment for a "less than 90 days" 2,100-gallon hazardous waste tank; 30 TAC §335.69(a)(1)(B) and §335.112(a)(9), and 40 CFR §§262.34(a)(1)(ii), 265.192, and 265.193(a), by failing to provide adequate secondary containment for two new "less than 90 days" chrome scrubber washdown tanks and failing to obtain a certified written integrity assessment of the tank system associated with each of these tanks; 30 TAC §335.69(a)(2) and (3), and 40 CFR §262.34(a)(2) and (3), by failing to clearly mark or label four hazardous waste storage tanks with the words "hazardous waste" and failing to mark or label four hazardous waste containers with the accumulation start date and with the words "hazardous waste"; 30 TAC §335.69(a)(91)(A) and §335.112(a)(8), and 40 CFR §262.34(a)(1)(I) and §265.173(a), by failing to keep three containers of hazardous waste closed; 30 TAC §335.69(a)(4) and §335.112(a)(3), and 40 CFR §262.34(a)(4) and §265.53(b), by failing to provide a copy of the contingency plan to the local fire department; 30 TAC §335.503(a)(4), by failing to complete a solid waste determination for a waste stream generated at the facility; 30 TAC §335.6(c), by failing to update the notice of registration concerning waste streams and solid waste management units; and 30 TAC §335.8(c)(1), by failing to notify the executive director and the TCEQ Houston regional office in writing prior to closure activities for three waste management units; PENALTY: $71,340; STAFF ATTORNEY: Lisa Lemanczyk, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Houston Business Investments, Inc.; DOCKET NUMBER: 2003-0886-PST-E; TCEQ ID NUMBERS: 0033621 and RN101431682; LOCATION: 4109 Manvel Road #1, Pearland, Brazoria County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of the petroleum UST; PENALTY: $3,200; STAFF ATTORNEY: Wendy Cooper, Litigation Division, MC R-4, (817) 588-5867; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: Ivan Allen dba Keene Sanitation; DOCKET NUMBER: 2003-0299-MSW-E; TCEQ ID NUMBER: 455040113; LOCATION: 215 East Oakdale Street, Keene, Johnson County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste transfer and storage; RULES VIOLATED: 30 TAC §330.4(a), by failing to obtain a permit or other commission authorization to operate a Type V municipal solid waste transfer station; and 30 TAC §330.32(b), by failing to ensure that all collected solid waste is unloaded only at facilities authorized to accept the type of waste being transported; PENALTY: $7,350; STAFF ATTORNEY: Ashley Kever, Litigation Division, MC 175, (512) 239-2987; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: Lajitas Management, LLC dba Lajitas Utility Co., Inc.; DOCKET NUMBER: 2001-0901-MLM-E; TCEQ ID NUMBERS: 0220018, 14282-001, 12167-001, and RN102079365; LOCATION: on an unnamed road 1/4 mile south of Highway 170 in Lajitas and approximately 1,600 feet south of Ranch-to-Market Road 170 and 1,800 feet east of the Rio Grande River, Brewster County, Texas; TYPE OF FACILITY: public water supply system and wastewater treatment plant; RULES VIOLATED: 30 TAC §305.125(2), TWC, §26.121, and TPDES Permit Number 12167-001, Permit Condition 4(c), by failing to renew TPDES Permit Number 12167-001 prior to the expiration date; 30 TAC §305.125(1) and §319.5(b), and TPDES Permit Number 14282-001, Effluent Limitations and Monitoring Requirements Number 2, by failing to maintain a chlorine residual of at least 1.0 milligrams per liter (mg/L) at the wastewater plant and failing to monitor chlorine residual of the effluent five times per week; 30 TAC §305.125(1) and TPDES Permit Number 14282-001, Operational Requirement Number 5, and Monitoring and Reporting Requirement Number 5, by failing to provide the 90 degree v-notch flow measuring device with a staff gauge and by failing to calibrate the ultrasonic totalizer measuring device on an annual basis; 30 TAC §319.7(a) and (c), by failing to maintain pH and dissolved oxygen calibration records; 30 TAC §319.7(a) and (d), and TPDES Permit Number 14282-001, Operational Requirement Number 1, by failing to submit monthly discharge monitoring reports; 30 TAC §305.62(a) and §305.66(a)(1), and TPDES Permit Number 14282-001, Permit Condition Number 4.a, by failing to amend the existing water quality permit to authorize the effluent to be discharged to man-made ponds, commingled with raw well water and applied to the Lajitas Golf Course; 30 TAC §290.46(d)(2)(A), by failing to maintain a residual disinfectant concentration of at least 0.2 mg/L free chlorine throughout the distribution system for the water supply; 30 TAC §290.118(a) and (b), and THSC, §341.031(a) and §341.0315(c), by failing to provide public drinking water that meets the secondary constituent levels, without written approval from the executive director; 30 TAC §290.44(h)(4), by failing to have the backflow prevention assembly tested at least annually by a recognized backflow prevention assembly tester; 30 TAC §290.46(1), by failing to flush all dead end mains at monthly intervals or more frequently as required; 30 TAC §290.42(d)(14), by failing to provide sampling taps for individual filter effluent and clear well discharges; 30 TAC §290.42(d)(11)(E)(i), by failing to equip each filter with a sampling tap to individually monitor the effluent turbidity; 30 TAC §290.42(d)(11)(E)(v), by failing to equip each filter with an operational device to indicate loss of head through the filter; 30 TAC §290.110(c)(5)(C), by failing to properly monitor the residual disinfectant concentration in the distribution system at bacteriological sampling sites; 30 TAC §290.46(m) and (t), by failing to initiate maintenance and housekeeping practices to ensure the reliability and general appearance of the system's facilities and equipment; 30 TAC §290.46(s)(2)(B), by failing to calibrate the on-line and bench top turbidimeters; 30 TAC §290.42(e)(4)(C), by failing to provide adequate ventilation for all enclosures in which chlorine gas was being stored or fed; 30 TAC §290.121 and §290.110(f)(1), by failing to maintain an up-to-date chemical and microbiological monitoring plan and to conduct chlorine residual tests at bacteriological sampling sites designated in the monitoring plan; 30 TAC §290.44(h)(1)(A) and §290.47(i), Appendix I, by failing to establish a cross-connection control program to provide protection against contamination and health hazards; 30 TAC §290.45(a)(2) and §290.46(r), by failing to design, maintain, and operate the water supply to provide a minimum pressure of 35 pounds per square inch throughout the distribution system under normal operating conditions; 30 TAC §290.41(c)(3)(N), by failing to provide each well with properly operating flow meters to measure production yields and provide for the accumulation of water production data; 30 TAC §290.43(c)(2) and (3), by failing to have all roof openings and overflow pipes properly maintained; and 30 TAC §290.42(i), by failing to obtain a permit from the commission for discharging wastes from the water treatment process; PENALTY: $12,312; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(9) COMPANY: Oak Bend Property Owners dba Oak Bend Homeowners Water Supply; DOCKET NUMBER: 2004-0448-PWS-E; TCEQ ID NUMBERS: 0610167 and RN101247930; LOCATION: 200 Farris Road, Denton, Denton County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.46(n)(3), by failing to provide well completion data; 30 TAC §290.41(c)(3)(B), by failing to provide a well with a casing 18 inches above the elevation of the finished floor of the pump house or natural ground surface with a minimum of one inch above the sealing block or pump motor foundation block; 30 TAC §290.43(c)(4), by failing to equip each ground storage tank (GST) with a water level indicator located at the tank site; 30 TAC §290.41(c)(3)(N), by failing to install an operational flow meter on the well pump discharge line; 30 TAC §290.42(1), by failing to provide a plant operations manual for operator review and reference; 30 TAC §290.46(m)(1)(A), by failing to inspect the GST annually; and 30 TAC §290.46(m)(1)(B), by failing to inspect the pressure tank annually; PENALTY: $400; STAFF ATTORNEY: Barbara Klein, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: Robert Perry dba American Camp and Mobile Home Park; DOCKET NUMBER: 2003-0213-MWD-E; TCEQ ID NUMBER: RN102676715; LOCATION: 10348 West Highway 90, Del Rio, Val Verde County, Texas; TYPE OF FACILITY: recreational vehicle park campground and mobile home subdivision; RULES VIOLATED: TWC, §26.121(a)(1), by failing to obtain a permit prior to discharging waste into, or adjacent to, waters in the state; PENALTY: $4,025; STAFF ATTORNEY: James Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Laredo Regional Office, 1403 Seymour, Suite 2, Laredo, Texas 78040-8752, (956) 791-6716.

(11) COMPANY: Sahers, Inc. dba Save A Step Mart 5; DOCKET NUMBER: 2003-0847-PST-E; TCEQ ID NUMBERS: 33614 and RN101894913; LOCATION: 21950 Meadow Hill Drive, Spring, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental release arising from the operation of the USTs; PENALTY: $2,460; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200500222

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 18, 2005

Notice of Public Hearing by the Texas Commission on Environmental Quality on Proposed Revisions to 30 TAC Chapters 39 and 336

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive comments concerning revisions to 30 TAC Chapter 39, Public Notice, §§39.703, 39.707, and 39.709, and 30 TAC Chapter 336, Radioactive Substance Rules, §§336.1, 336.105, 336.211, 336.501, 336.601, and new Subchapter K, §§336.1001, 336.1003, 336.1005, 336.1007, 336.1009, 336.1011, 336.1013, 336.1015, 336.1017, and 336.1019, under the requirements of Texas Health and Safety Code, §382.017 and Texas Government Code, Chapter 2001, Subchapter B.

The proposed rulemaking would allow the licensing of commercial disposal of naturally occurring radioactive material (NORM) waste streams from public water systems. The proposed license program would only apply to NORM waste disposal into Class I injection wells. The proposed rulemaking would also add new application and annual fees for commercial NORM disposal licenses and amend existing fees for licenses authorizing alternate methods of radioactive material disposal.

A public hearing on this proposal will be held in Austin on February 24, 2005 at 2:00 p.m. in Building F, Room 2210, at the commission's central office, located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the Office of Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests should be made as far in advance as possible.

Comments may be submitted to Joyce Spencer, Texas Commission on Environmental Quality, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512) 239-4808. All comments should reference Rule Project Number 2004-030-336-WS. Comments must be received by 5:00 p.m., February 28, 2005. For further information, please contact Debi Dyer, Policy and Regulations Division, at (512) 239-3972.

TRD-200500194

Stephanie Bergeron Perdue

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: January 11, 2005

Notice of Water Quality Applications

The following notices were issued during the period of January 10, 2005 through January 18, 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.

BASTROP ENERGY PARTNERS, L.P. which operates the Bastrop Energy Center, a natural gas fueled electric generation station, has applied for a renewal of TPDES Permit No. WQ0004211000, which authorizes the discharge of cooling tower blowdown and low volume wastewater at a daily average flow not to exceed 2,000,000 gallons per day via Outfall 001. The facility is located on Texas State Highway 71, approximately two miles south/southwest of the intersection of Texas State Highway 71 and County Road 214, Bastrop County, Texas.

FRUITVALE HOUSING AUTHORITY has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014545001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 4,300 gallons per day. The facility is located approximately 2,500 feet south-southeast of the intersection of State Highway 80 and Farm-to-Market Road 1,910 and approximately 4,000 feet southwest of the intersection of State Highway 80 and Farm-to-Market Road 1,110 in Van Zandt County, Texas.

MPR INVESTMENTS, LLC has applied for a major amendment to TPDES Permit No. WQ0013376001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 9,500 gallons per day to a daily average flow not to exceed 19,500 gallons per day. The facility is located on Bethesda Road approximately 1/4 mile east of the Bethesda Road overpass on Interstate Highway 35, approximately 5 miles southeast of the City of Burleson in Johnson County, Texas.

THE CITY OF PLAINS has applied for a renewal of Permit No. 10114-001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 160,000 gallons per day via surface irrigation of 77 acres. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 1 mile east of State Highway 214 and 1.5 miles north of U.S. Highway 380 in Yoakum County, Texas.

POLONIA WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. 14033-001, which authorizes the discharge of filter backwash effluent from a water treatment plant at a daily average flow not to exceed 6,000 gallons per day. The facility is located at the northwest side of Farm-to-Market Road 1854 at its junction with Caldwell County Road 189, 0.25 mile southeast of the community of Dale and 1 mile northwest of the intersection of Farm-to-Market Road 1854 and State Highway 20 in Caldwell County, Texas.

POLONIA WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. 14033-002, which authorizes the discharge of filter backwash effluent from a water treatment plant at a daily average flow not to exceed 3,000 gallons per day. The facility is located 4.35 miles south of the junction of Farm-to-Market Road 1322 and U.S. Highway 183 on the west side of Farm-to-Market Road 1322 across from Caldwell County Road 197, Caldwell County, Texas.

DR. ALBERT PRESCOTT RIBISI has applied for a renewal of TPDES Permit No. 12284-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The facility is located approximately 300 feet northwest of Cain Road on Old Wellborn road, approximately 3,500 feet south-southeast of the intersection of Farm-to-Market Road 2818 (West-By-Pass) and Farm-to-Market Road 2154 in Brazos County, Texas.

CITY OF SEADRIFT has applied for a renewal of TPDES Permit No. 10822-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The facility is located south of and adjacent to State Highway 185, between Orange and Olive Streets in the City of Seadrift in Calhoun County, Texas.

TEXAS PARKS AND WILDLIFE DEPARTMENT has applied for a renewal of Permit No. 11951-001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 8,000 gallons per day via irrigation of 3.25 acres of non public access grassland. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 0.5 mile from the park entrance, approximately 4 miles north of the intersection of Farm-to-Market Road 337 and State Highway 187 in Bandera and Real Counties, Texas.

VALLEY BY PRODUCTS, INC. which operates a meat rendering facility has applied for a renewal of Permit No. WQ0001243000, which authorizes the disposal of process wastewater, boiler blowdown, and clean-up water with up to 1% caustic soda routed to a lined evaporation pond with a surface area of 0.45 acres and a storage capacity of 0.90 acre-feet at a daily average flow not to exceed 1,000 gallons. This permit will not authorize a discharge of pollutants into water in the State. The facility and evaporation pond are located at 7740 Kiely Road, approximately 4,000 feet east-southeast of the intersection of State Highway 20 and Hemley Road, near the termination of Kiely Road, El Paso County, Texas.

TOWN OF WOODSBORO has applied for a renewal of TPDES Permit No. 10156-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day. The facility is located approximately 1,500 feet south of the intersection of Farm-to-Market Road 1360 and Churchhill Road, and approximately 3 miles southeast of the intersection of U.S. Highway 77 and Farm-to-Market 2441, southeast of the City of Woodsboro in Refugio County, Texas.

TRD-200500244

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 19, 2005

Proposed Enforcement Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075, which requires that the commission may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 28, 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 February 28, 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: Andrew Enterprise, Inc. dba Audrey Chevron; DOCKET NUMBER: 2004-1382-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Registration Number 73201, Regulated Entity Reference Number (RN) 101435238; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.48(c) and §334.50(b)(1)(A), (2)(A)(i)(III), and (d)(1)(B)(ii), and the Code, §26.3475(a), by failing to reconcile the inventory control records and by failing to monitor underground storage tanks (USTs) for releases and conducting the annual tightness test; PENALTY: $6,120; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Azteca Milling, L.P. dba Dawn Corn Milling Facility; DOCKET NUMBER: 2004-1642-AIR-E; IDENTIFIER: Air Account Number DD0067Q, RN102166758; LOCATION: near Dawn, Deaf Smith County, Texas; TYPE OF FACILITY: corn mill; RULE VIOLATED: 30 TAC §122.121 and §122.130(b)(1) and THSC, §382.054, by failing to submit an abbreviated Title V federal operating permit application and continuing to operate; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(3) COMPANY: Eugenia Balaban and Mikhailina Balaban; DOCKET NUMBER: 2004-1522-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 13749001, RN102340403; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 13749001, and the Code, §26.121(a), by failing to comply with the ammonia nitrogen daily average concentration limit; PENALTY: $776; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Balch Oil Company Inc. dba All American Chevrolet; DOCKET NUMBER: 2004-1602-PST-E; IDENTIFIER: PST Facility Identification Number 65280, RN103065835; LOCATION: Slaton, Lubbock County, Texas; TYPE OF FACILITY: new and used automobile dealership; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(A)(i) and the Code, §26.3467(a), by failing to ensure that the UST registration and self-certification forms were submitted in a timely manner and by failing to make available to a common carrier a valid, current delivery certificate; PENALTY: $1,632; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(5) COMPANY: Chevron U.S.A. Inc. dba Chevron Products Company; DOCKET NUMBER: 2004-0425-IWD-E; IDENTIFIER: TPDES Permit Number 01745; LOCATION: Galena Park, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 01745, and the Code, §26.121, by failing to comply with permitted effluent limits for total copper and total suspended solids (TSS); and 30 TAC §101.24 and §101.27(c)(1) and the Code, §5.702, by failing to pay air inspection and air emissions fees; PENALTY: $6,880; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Community Development Institute dba Mertzon Head Start; DOCKET NUMBER: 2004-1509-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 1180006, RN101177418; LOCATION: Mertzon, Irion County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c) and THSC, §341.033(d), by failing to take bacteriological samples; PENALTY: $540; ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(7) COMPANY: Corpora Aerial Service, Inc.; DOCKET NUMBER: 2004-1520-PST-E; IDENTIFIER: PST Facility Identification Number 15226, RN101634848; LOCATION: Hearne, Robertson County, Texas; TYPE OF FACILITY: aircraft refueling; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(8) COMPANY: David Dominguez dba D's One Stop; DOCKET NUMBER: 2004-1163-PST-E; IDENTIFIER: PST Facility Identification Number 68904, RN102366697; LOCATION: Big Spring, Howard 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: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(9) COMPANY: Encycle/Texas, Inc.; DOCKET NUMBER: 2004-1272-IHW-E; IDENTIFIER: Hazardous Waste Permit Number 50221, RN101448769; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: industrial and hazardous waste management; RULE VIOLATED: 30 TAC §37.404, Hazardous Waste Permit Number 50221, and 40 Code of Federal Regulations §264.147(a), by failing to renew liability coverage for bodily injury and property damage; PENALTY: $7,280; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(10) COMPANY: Jim Beyer & Edith Beyer Martial Trust dba Erath County Dairy Sales & Livestock Commission; DOCKET NUMBER: 2004-1610-AGR-E; IDENTIFIER: Water Quality Permit Number WQ0003211000, RN102743267; LOCATION: Dublin, Erath County, Texas; TYPE OF FACILITY: concentrated animal feeding operation; RULE VIOLATED: 30 TAC §321.39(f)(28) (now 30 TAC §321.40(k)(2)) and the Code, §26.504(d), by failing to submit a nutrient utilization plan; PENALTY: $1,100; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: Fry Road Municipal Utility District; DOCKET NUMBER: 2004-1406-MWD-E; IDENTIFIER: TPDES Permit Number 11989-001, RN102333762; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11989-001, and the Code, §26.121(a), by failing to comply with their permit limits for TSS, five-day carbonaceous biochemical oxygen demand, and ammonia-nitrogen; PENALTY: $3,960; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(12) COMPANY: GHNA Corporation dba Franky's Exxon; DOCKET NUMBER: 2004-1057-PST-El IDENTIFIER: PST Facility Identification Number 37514, RN102712825; LOCATION: College Station, Brazos 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: $4,750; ENFORCEMENT COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(13) COMPANY: Gulf Coast Waste Disposal Authority; DOCKET NUMBER: 2004-0378-MLM-E; IDENTIFIER: Air Account Number HG0250O, TPDES Permit Number 01054; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: industrial wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 01054, and the Code, §26.121(a), by failing to comply with their permit effluent limits; and 30 TAC §§115.142, 116.115(c), and 122.143(4), Air Permit Number 40782, Federal Operating Permit Number O-01708, and THSC, §382.085(b), by failing to comply with the emission limits for volatile organic compounds; PENALTY: $32,800; ENFORCEMENT COORDINATOR: Larry King, (512) 239-7037; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14) COMPANY: H. Richards Oil Company; DOCKET NUMBER: 2004-1489-PST-E; IDENTIFIER: RN101493724; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe that the owner or operator had a valid, current delivery certificate; PENALTY: $500; ENFORCEMENT COORDINATOR: Lori Thompson, (903) 535-5100; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(15) COMPANY: City of Hamlin; DOCKET NUMBER: 2004-0934-PWS-E; IDENTIFIER: PWS Number 1270002, RN101392504; LOCATION: Hamlin, Jones County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113 and THSC, §341.0315(c), by having exceeded the maximum contaminant level (MCL) for total trihalomethanes (TTHM); PENALTY: $848; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(16) COMPANY: Highway Travel Centers, Inc. dba Highway Travel Center; DOCKET NUMBER: 2004-1551-PST-E; IDENTIFIER: PST Facility Identification Number 15474, RN102485794; LOCATION: Robstown, Nueces County, Texas; TYPE OF FACILITY: truck stop with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.48(c), §334.50(b)(1)(A) and (d)(1)(B)(ii), and the Code, §26.3475(c)(1), by failing to conduct effective manual or automatic inventory control procedures and by failing to monitor USTs for releases; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(17) COMPANY: Industrial Fab, Inc.; DOCKET NUMBER: 2004-0733-AIR-E; IDENTIFIER: Air Account Number GB-0630-D, RN100926716; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: pipe and fitting fabrication; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain authorization prior to conducting abrasive sand blasting; PENALTY: $2,208; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(18) COMPANY: Kiva Oil Company; DOCKET NUMBER: 2004-1187-AIR-E; IDENTIFIER: Air Account Number EE-0871-D, RN102643483; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by allowing the transfer of gasoline from a storage vessel with a Reid vapor pressure greater than seven pounds per square inch absolute; PENALTY: $1,632; ENFORCEMENT COORDINATOR: Chad Blevins, (512) 239-6017; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(19) COMPANY: Lighthouse Electric Cooperative, Inc.; DOCKET NUMBER: 2004-1541-PST-E; IDENTIFIER: PST Facility Identification Number 2149, RN102425162; LOCATION: Floydada, Floyd County, Texas; TYPE OF FACILITY: electric cooperative; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i) and (B)(ii) and the Code, §26.346(c)(3) and §26.3467(a), by failing to make available to a common carrier a current delivery certificate and by failing to renew a previously issued delivery certificate; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(20) COMPANY: McCommas LFG Processing Partners, LP dba McCommas LFG Processing Facility; DOCKET NUMBER: 2004-1485-AIR-E; IDENTIFIER: Air Account Number DB4707Q, RN100218569; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: landfill gas processing operation; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit the annual Title V annual compliance certification; 30 TAC §122.145(2)(C) and THSC, §382.085(b), by failing to submit a deviation report; and 30 TAC §101.27(c)(1) and the Code, §5.702, by failing to pay all outstanding air emission fees; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(21) COMPANY: Cecil Wayne Meadlin dba Meadlin Service Center; DOCKET NUMBER: 2004-1568-PST-E; IDENTIFIER: PST Facility Identification Number 54169, RN102644978; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: automotive service center with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(22) COMPANY: Canh M. Nguyen dba Mobil Mart Inc.; DOCKET NUMBER: 2004-1299-PST-E; IDENTIFIER: PST Facility Identification Number 71405, RN102778644; LOCATION: Converse, Bexar County, Texas; TYPE OF FACILITY: convenience store; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance; PENALTY: $800; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(23) COMPANY: City of Nederland; DOCKET NUMBER: 2004-1308-PWS-E; IDENTIFIER: PWS Number 1230006, RN103098778; LOCATION: Nederland, Jefferson County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(b)(1) and (2), and (f)(4) and (5), and THSC, §341.0315(c), by exceeding the MCL for haloacetic acids (HAA5) and TTHM; PENALTY: $1,270; ENFORCEMENT COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(24) COMPANY: City of Nixon; DOCKET NUMBER: 2004-1221-MWD-E; IDENTIFIER: TPDES Permit Number 0010234001, RN102181781; LOCATION: Nixon, Gonzales County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 0010234001, and the Code, §26.121(a), by failing to comply with the permitted effluent limits for TSS; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(25) COMPANY: North Dallas Moving & Storage Company, Inc.; DOCKET NUMBER: 2004-1865-PST-E; IDENTIFIER: PST Facility Identification Number 2405, RN101544781; LOCATION: Carrrollton, Dallas County, Texas; TYPE OF FACILITY: vehicle refueling station; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $950; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(26) COMPANY: Ogre, Inc. dba The Mur-Tex Company; DOCKET NUMBER: 2004-1596-AIR-E; IDENTIFIER: Air Account Number RB0091A, RN100216340; LOCATION: Amarillo, Randall County, Texas; TYPE OF FACILITY: fiberglass tank manufacturing; RULE VIOLATED: 30 TAC §122.145(2)(B) and §122.146(1) and THSC, §382.085(b), by failing to submit the Title V annual compliance certification; PENALTY: $1,300; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(27) COMPANY: Overwraps Packaging, LP; DOCKET NUMBER: 2003-1589-AIR-E; IDENTIFIER: Air Account Number DB-1740-Q, RN100804657; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: flexographic printing and packaging; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit the annual compliance certification; PENALTY: $2,020; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(28) COMPANY: City of Pearland; DOCKET NUMBER: 2004-1526-MWD-E; IDENTIFIER: TPDES Permit Number 10134008, RN101920007; LOCATION: Pearland, Brazoria County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10134008, and the Code, §26.121(a), by failing to comply with permit effluent limitations for TSS, ammonia nitrogen, and fecal coliform; PENALTY: $4,200; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(29) COMPANY: Petroleum Wholesale, L.P. dba Sunmart 133 and 141; DOCKET NUMBER: 2004-0598-MLM-E; IDENTIFIER: PST Facility Identification Numbers 66800 and 66802; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience stores with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.72(1), by failing to report the discovery of released regulated substances from the USTs; 30 TAC §334.6(a)(2), by failing to notify the TCEQ of construction activity; 30 TAC §334.78(c), by failing to assemble information about the site and nature of a release; and the Code, §26.121(a), by failing to prevent the unauthorized release of petroleum products; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(30) COMPANY: Qazi Trading Corporation dba Dollar Saver Food Mart 12; DOCKET NUMBER: 2004-1280-PST-E; IDENTIFIER: PST Facility Identification Number 46360, RN102833159; LOCATION: Wichita Falls, Wichita County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.72(3)(A), by failing to report the monitoring results associated with statistical inventory reconciliation reports; 30 TAC §334.74, by failing to conduct an investigation and confirmation steps after the discovery of a suspected release; and 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to reconcile inventory control records; PENALTY: $5,600; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(31) COMPANY: City of Rose City; DOCKET NUMBER: 2004-1303-PWS-E; IDENTIFIER: PWS Number 1810139, RN102676269; LOCATION: Vidor, Orange County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(b)(1) and (2) and (f)(4) and (5), and THSC, §341.0315(c), by exceeding the MCL for HAA5 and TTHM; PENALTY: $655; ENFORCEMENT COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(32) COMPANY: Sam Rayburn Water, Inc. dba Lakewood Water System; DOCKET NUMBER: 2004-1508-PWS-E; IDENTIFIER: PWS Number 2030006, RN101189736; LOCATION: near Pineland, San Augustine County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(b)(1) and THSC, §341.0315(c), by exceeding the MCL for TTHM; PENALTY: $345; ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(33) COMPANY: Shani Corporation; DOCKET NUMBER: 2003-0991-PST-E; IDENTIFIER: PST Facility Identification Number 12807, RN101837151; 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: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(34) COMPANY: George Mashni dba Skywood Food Market; DOCKET NUMBER: 2004-1493-PST-E; IDENTIFIER: PST Facility Identification Number 60519, RN101888733; 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: $1,900; ENFORCEMENT COORDINATOR: Cari Bing, (512) 239-1445; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(35) COMPANY: Southwestern Industrial Contractors and Riggers, Inc.; DOCKET NUMBER: 2004-0857-PST-E; IDENTIFIER: PST Facility Identification Number 12052; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(A)(i) and the Code, §26.346(a) and §26.3467(a), by failing to renew a previously issued UST delivery certificate and by failing to make available to a common carrier a valid, current delivery certificate; PENALTY: $1,440; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(36) COMPANY: SR-KRUPA, Inc. dba SR Food & Gas; DOCKET NUMBER: 2004-1413-PST-E; IDENTIFIER: PST Facility Identification Number 12215, RN102887320; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i) and (B)(ii) and the Code, §26.346(a) and §26.3467(a), by failing to make available to a common carrier a valid, current delivery certificate and by failing to renew their delivery certificate; PENALTY: $1,350; ENFORCEMENT COORDINATOR: Susan Longenecker, (512) 239-0968; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(37) COMPANY: St. Stephens Episcopal School; DOCKET NUMBER: 2004-1487-PST-E; IDENTIFIER: PST Facility Identification Number 72630, RN102888690; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: school with a fleet refueling facility; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i) and the Code, §26.346(a) and §26.3467(a), by failing to ensure that the UST registration and self-certification form was fully and accurately completed and by failing to make available to a common carrier a valid, current delivery certificate; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Lori Thompson, (903) 535-5100; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(38) COMPANY: Summit Resort Developments, Inc. dba Summit Estates at Fischer Texas Unit 1; DOCKET NUMBER: 2004-1381-MLM-E; IDENTIFIER: RN104299466; LOCATION: Fischer, Comal County, Texas; TYPE OF FACILITY: single family residential housing construction site; RULE VIOLATED: 30 TAC §213.23(a)(1)(A) and §281.25(a)(4), by failing to file and receive approval for an Edwards Aquifer contributing zone plan; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Leila Pezeshki, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(39) COMPANY: Younis Khan dba Super Stop 5; DOCKET NUMBER: 2004-1478-PST-E; IDENTIFIER: PST Facility Identification Number 0006519, RN102224938; LOCATION: Port Arthur, Jefferson 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: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(40) COMPANY: Talley Trucking Company, Inc.; DOCKET NUMBER: 2004-1687-PST-E; IDENTIFIER: PST Facility Identification Number 20503, RN101812626; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $800; ENFORCEMENT COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200500224

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 18, 2005

Texas Health and Human Services Commission

Notification of Consulting Procurement

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health and Human Services Commission (HHSC) announces the release of its Request for Proposals (RFP) for Independent Verification and Validation (IV&V) Consultant Services for "ensuring the effective performance of the Medicaid Claims/Primary Care Case Management (PCCM) Administrator vendor" (RFP # 529-05-001). HHSC seeks to contract with a single vendor to fulfill the requirements pursuant to this RFP.

The primary objectives for this procurement are to assist HHSC in administering the Medicaid Claims/PCCM Administrator vendor contract by:

Assuring the accurate, complete and timely delivery of services;

Monitoring and reporting on the Medicaid Claims/PCCM Administrator vendor performance, specifically related to quality, risk management and issues resolution; and

Exploring opportunities to maximize efficiency and reduce costs in the administration of the affected State programs.

The selected IV&V Vendor will perform extremely complex information technology (IT) performance evaluations and reviews for computer systems and interfaces and processing functions and will analyze and report on contractor performance metrics to HHSC leadership. The IV&V Vendor will participate in all contract amendment planning and reviews of change order requests. The IV&V Vendor will monitor all contractor project management efforts (PMO) and report any discrepancies, project timeline slippage or concerns to HHSC leadership. The IV&V Vendor will analyze and suggest any performance improvement opportunities that may also justify cost savings and improve contractor and State efficiency.

The RFP is located in full on HHSC's Business Opportunities Page at http://www.hhsc.state.tx.us/about_hhsc/BusOpp/BO_opportunities.html. HHSC also posted notice of the procurement on the Texas Marketplace on January 28, 2005.

The successful contractor will be expected to provide the services described in the RFP beginning with the date of award through August 31, 2006.

Health and Human Services Commission's Sole Point-Of-Contact For Procurement

Tim Seelig

Procurement Project Manager

Health and Human Services Commission

P.O. Box 85200-5200

11209 Metric Boulevard, Bldg. H

Austin, TX 78708-5200

(512) 491-1328

tim.seelig@hhsc.state.tx.us

A portion of the services described in this RFP comprise automated information services, including but not limited to systems maintenance and modifications. Before the effective date of the Contract, the successful Vendor must be a Catalogue Information Systems Vendor (CISV) as defined in Chapter 2157 of the Texas Government Code, and certified by the Texas Building and Procurement Commission. If your company is not currently an approved CISV, you may download the Centralized Master Bidders List (CMBL) and CISV applications at the following address: http://www.tbpc.state.tx.us/stpurch/cisv.html.

All questions regarding the RFP must be sent in writing to the above-referenced contact by 5:00 p.m. Central Time on February 10, 2005. HHSC will post all written questions received with HHSC's responses on its website on February 18, 2005, or as they become available. A prospective vendor must submit a Notice of Intent to Propose (see page 2 of the RFP) to the HHSC Point of Contact identified in Section 1.8 of the RFP no later than February 25, 2005. This is a mandatory requirement. A vendor that does not submit a notice of intent to propose may not submit a proposal; however, a vendor that submits a notice of intent to propose is not required to submit a proposal. All proposals must be received at the above-referenced address on or before 5:00 p.m. Central Time on March 10, 2005. Proposals received after this time and date will not be considered.

All proposals will be subject to evaluation based on the criteria and procedures set forth in the RFP. HHSC reserves the right to accept or reject any or all proposals submitted. HHSC is under no legal or other obligation to execute any contracts on the basis of this notice. HHSC will not pay for costs incurred by any entity in responding to this RFP.

TRD-200500252

Carey Smith

Texas Health and Human Services Commission

Department of State Health Services

Notice of Agreed Order with Glazier Medical, P.A., dba Advanced Foot Care

On January 10, 2005, the Radiation Program Officer, Department of State Health Services (department), approved the settlement agreement between the department and Glazer Medical, P.A., dba Advanced Foot Care (Registrant--R21949) of El Paso. A total administrative penalty in the amount of $2,000 was assessed the registrant for violations of 25 Texas Administrative Code Chapter 289. Of the total administrative penalty, $1,000 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-200500253

Cathy Campbell

Director, Legal Services

Department of State Health Services

Notice of Agreed Order with Harris Methodist Northwest Hospital

On January 11, 2005, the Radiation Program Officer, Department of State Health Services (department), approved the settlement agreement between the department and Harris Methodist Northwest Hospital (Registrant--M00170) of Azle. A total administrative penalty in the amount of $1,000 was assessed the registrant for violations of 25 Texas Administrative Code Chapter 289.

TRD-200500254

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: January 19, 2005

Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation on HVJ Associates, Inc.

Notice is hereby given that the Department of State Health Services (department) issued a notice of violation and proposal to assess an administrative penalty to HVJ Associates, Inc. (licensee--L03813) of Houston. A total penalty of $4,000 is proposed to be assessed the company for alleged violations of 25 Texas Administrative Code Chapter 289.

TRD-200500255

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: January 19, 2005

Texas Higher Education Coordinating Board

Notice of Contract Award

Pursuant to Chapter 2254, Chapter B, the Texas Higher Education Coordinating Board announces this notice of consulting contract award.

The notice of request for proposals (#05-001) was published in the December 17, 2004, issue of the Texas Register (29 TexReg 11795).

The consultant will assist the Coordinating Board with the administrative oversight of the various teacher education activities at the member institutions of Texas Association of Developing Colleges (TADC) by: (1) facilitating and coordinating a collaborative strategic planning process to involve TADC college administration in planning for collaborative distance education, upgrading of technology, curriculum development and redesign and improvement of ExCET preparation; (2) working in collaboration with the Coordinating Board and TADC college administration to identify training needs of college faculty in the centers for teacher education in the areas related to distance education, curriculum development and improvement of ExCET preparation; (3) facilitating and coordinating college administration and faculty professional development workshops to meet areas of need for delivery of distance education, curriculum development and redesign and improvement of ExCET preparation; and (4) reporting progress in TADC teacher education enrollment, level of participation in the distance education program, successful student placements, and other evaluative measures.

The contract was awarded to Ms. Genevieve Brembry, Executive Director, Texas Association of Developing Colleges, Inc., 1140 Empire Central, Suite 550, Dallas, TX 75247. The total amount of this contract is not to exceed $45,000.00.

The term of the contract is January 10, 2005 through August 31, 2005. Final reports for each phase of the project will be presented on the following schedule: Phase I - February 2, 2005; Phase II - March 18, 2005; Phase III - July 29, 2005.

TRD-200500165

Jan Greenberg

Texas Higher Education Coordinating Board

Filed: January 12, 2005

Texas Department of Housing and Community Affairs

Notice of Funding Availability

HOME Investment Partnerships Program

PY 2005 Contract for Deed Conversion Funding Cycle

The Texas Department of Housing and Community Affairs (TDHCA) HOME Investments Partnerships Program Notice of Funding Availability (NOFA) for the PY 2005 Contract for Deed Conversion Funding Cycle that was published in the Texas Register on January 21, 2005 contained an error. The sentence, "Eligible homeowners must be permanent residents of the United States" should be deleted and substituted with the following:

It is the policy of TDHCA to not require its nonprofit recipients of funds to verify, as a condition of receiving federal funds, the citizenship or immigration status of applicants for funds. This policy is subject to change if the U.S. Department of Housing and Urban Development revises its policy.

TRD-200500251

Edwina P. Carrington

Texas Department of Housing and Community Affairs

Request for Proposals

Notice of Public Hearing

Notice of Public Hearing for the PY 2005 Weatherization Assistance Program State Plan/Application

The Texas Department of Housing and Community Affairs (TDHCA) announces that a public hearing will be held to receive comments on the draft program year 2005 Texas Weatherization Assistance Program State Plan. Texas will receive an allocation of $5,599,993 for program year 2005. The allocation is provided to the state by the U. S. Department of Energy (DOE).

The public hearing will be held at 1:30 p.m. on Friday, February 11, 2005 in Room #103, William P. Clements, Jr. Building, 300 W. 15th St., Austin, Texas. At the hearing, a representative from TDHCA will describe changes to the Weatherization Assistance Program (WAP) and the proposed use of the United States Department of Energy funds for program year 2005, which will be for the period of April 1, 2005 to March 31, 2006. A work group meeting (included program subrecipients and other interested parties) was held to review, obtain input, and gain consensus on possible changes to be made to the Plan. The issues discussed during the workgroup meeting were allocation of funds, client education, DOE notification, EASY Audit, modifying desired air exchange and savings-to-investment ratio requirements, health and safety, and electric base load measures. The changes that were agreed upon during that meeting were incorporated into this draft plan.

Local officials and citizens are encouraged to participate in the hearing process. Written and oral comments received will be used to finalize the program year 2005 Texas Weatherization Assistance Program State Plan and Application. Written comments from those who cannot attend the hearing in person may be provided by the close of business at 5:00 p.m. on February 11, 2005, to Ms. Lolly Herrera, Senior Planner, Energy Assistance Section, Texas Department of Housing and Community Affairs, 507 Sabine, Suite 600, Austin, Texas 78701 or by electronic mail to Lolly.Herrera@tdhca.state.tx.us or by fax to (512) 475-3935. A copy of the proposed Draft Plan may be obtained, after January 31, 2005, through TDHCA’s web site, http://www.tdhca.state.tx.us/ea.htm or by calling Ms. Herrera at (512) 475-0471 or by writing to Ms. Herrera at the TDHCA address given above.

Individuals who require auxiliary aids or services for this meeting should contact Ms. Gina Esteves, ADA responsible employee, at (512) 475-3943 or Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made.

Non-English speaking individuals who require interpreters for this meeting should contact Lolly Herrera, (512) 475-0471 at least three days before the meeting so that appropriate arrangements can be made.

Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados.

TRD-200500247

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 19, 2005

Houston-Galveston Area Council

The Houston-Galveston Area Council solicits proposals to conduct a Return on Investment analysis on its Work School Program operated in conjunction with The University of Texas Medical Branch at Galveston. The project entails collecting and analyzing program cost data from UTMB and four additional participating hospitals and one community college regarding employees enrolled in the Work School program to advance their career opportunities. The deadline for receiving responses to this request is 5:00 p.m. Central Standard time on Friday, February 18, 2005. Late proposals will not be accepted, there will be no exceptions. Prospective bidders may download the proposal package from The WorkSource web site beginning at 12:00 noon on Tuesday, January 11, 2005. To access the package electronically, go to the Main Page of www.theworksource.org and click on "Special Announcements." H-GAC will fill requests for hard copies of the proposal package beginning on January 11, 2005. Questions about the proposal package may be directed to Carol Kimmick at 713-627-3200 or carol.kimmick@theworksource.org.

TRD-200500172

Jack Steele

Houston-Galveston Area Council

Filed: January 12, 2005

Request for Proposals

The Houston-Galveston Area Council (H-GAC) solicits proposals from individuals and organizations interested in providing technical assistance for the Gulf Coast Workforce Board and staff. The Workforce Board's system offers service for the more than 95,000 businesses and 4.5 million residents of a 13-county area that includes Houston, Harris County, and the twelve surrounding counties. Prospective bidders may obtain a copy of the Request for Proposals online at http://www.theworksource.org or by contacting Carol Kimmick or Mary Soria at 713.627.3200 or by sending email to carol.kimmick@h-gac.com. Responses are due at H-GAC offices by 12:00 noon on Monday, January 31, 2005. Late proposals will not be accepted. There will be no exceptions.

TRD-200500221

Jack Steele

Executive Director

Houston-Galveston Area Council

Filed: January 18, 2005

Texas Department of Insurance

Third Party Administrator Applications

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

Application for incorporation in Texas of PEROT SYSTEMS BUSINESS PROCESS SOLUTIONS, INC., a domestic third party administrator. The home office is DALLAS, TEXAS.

Application for incorporation in Texas of SUPERIOR BENEFITS ADMINISTRATORS GROUP, LLC., a domestic third party administrator. The home office is HOUSTON, TEXAS.

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-200500243

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Notice of Application for Certificate of Convenience and Necessity for a Proposed Transmission Line In Wood, Franklin and Hopkins Counties, Texas

Public Utility Commission of Texas

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on January 12, 2005, for a certificate of convenience and necessity for a proposed transmission line in Wood, Franklin and Hopkins Counties, Texas.

Docket Style and Number: Application of Southwestern Electric Power Company (SWEPCO) for a Certificate of Convenience and Necessity (CCN) for a Proposed Transmission Line in Wood, Franklin and Hopkins Counties, Texas. Docket Number 30128.

The Application: The project is designated the Winnsboro to North Mineola 138-kV Transmission Line Project. SWEPCO proposes to construct a 138-kV transmission line approximately 24 miles in length, and approximately 8.5 miles wide, encompassing approximately 122,700 acres, primarily in Wood County, with small portions in Franklin and Hopkins Counties. It includes the cities of Winnsboro, Quitman, and Mineola. The new transmission line's endpoints are the existing SWEPCO Winnsboro and North Mineola Substations. The estimated cost for the project is $9,346,000 for transmission facilities and $614,000 for substation facilities. The estimated date to energize facilities is November 2007.

Persons wishing to intervene or 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. The deadline for intervention in this proceeding is February 28, 2005. 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 30128.

TRD-200500217

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 14, 2005

Notice of Application for Relinquishment of a Service Provider Certificate of Operating Authority

On January 11, 2005, HJN Telecom, Inc. 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 60202. Applicant intends to relinquish its certificate.

The Application: Application of HJN Telecom, Incorporated to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 30643.

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 February 2, 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 30643.

TRD-200500174

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 13, 2005

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 10, 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 Infotelecom, LLC for a Service Provider Certificate of Operating Authority, Docket Number 30642 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL, SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, long distance, and wireless services.

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 February 2, 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 30642.

TRD-200500142

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 12, 2005

Texas Racing Commission

Notice of Application Period

The Texas Racing Commission announces that the Commission will accept applications for a Class 2 horse racetrack license in Hildalgo County. Under the Texas Racing Commission rules, the Commission may designate an application period of not more than 60 days in which applications for a racetrack license may be filed. On August 12, 2004, the Commission established one 60-day application period. The application period begins at 8:00 a.m., April 1, 2005, and ends at 5:00 p.m., May 31, 2005. For more information, contact Nash J. Gonzales, General Counsel, Texas Racing Commission, P.O. Box 1280, Austin, Texas 78711-2080, (512) 833-6699, fax (512) 833-6907, or 8505 Cross Park, Dr., #110, Austin, Texas 7754-4594.

TRD-200500181

Nash J. Gonzales

Texas Residential Construction Commission

Texas Racing Commission

Filed: January 14, 2005

Notice of Applicant for Registration as Arbitrator

The commission adopted rules regarding the registration and certification of arbitrators at 10 TAC §§ 318.20-318.32. The new rules were adopted under new Chapter 417, Property Code (Act effective Sept. 1, 2003, 78th Leg., R.S., ch. 458, §1.01), which provides that the commission establish eligibility requirements and procedures for a person to be certified by the commission as a residential construction arbitrator and that the commission maintain a list of certified arbitrators and make that list available to the public. The commission rules can be found on the commission’s website at www.trcc.state.tx.us

10 TAC §318.22 requires the commission to publish in the Texas Register notice of the application of each person seeking to become registered under this subchapter. The commission will accept public comment on each application for twenty-one (21) days after the date of publication of the notice.

Pursuant to 10 TAC § 318.22 the commission hereby notices the application of:

G. Maynard Green, 510 N. Valley Mills, Suite 500, Waco TX 76710. Mr. Green has asserted that he meets the requirements of certification and that he has at least five years of experience conducting arbitrations between homeowners and builders involving construction defects. Mr. Green has notified the commission that Woody R. Butler of Woody Butler Homes, Inc. is a person with whom Mr. Green has a direct or indirect personal or business relationship that could reasonable be considered to create a conflict of interest for Mr. Green if he were to serve as an arbitrator in a dispute involving Mr. Butler or Woody Butler Homes, Inc.

Interested persons may send written comments regarding this application to Susan K. Durso, General Counsel, The Texas Residential Construction Commission, P.O. Box 13144, Austin, TX 78711-3144. Comments regarding this application will be accepted for twenty-one days following the date of publication of this notice in the Texas Register . Thereafter, the comments will not be considered as timely filed.

TRD-200500227

Susan Durso

Texas Residential Construction Commission

Filed: January 18, 2005

Office of Rural Community Affairs

Request for Proposals for Medically Underserved Community-State Matching Incentive Program

The Office of Rural Community Affairs (ORCA) is issuing a Request for Proposals ("RFP") for the Medically Underserved Community-State Matching Incentive Program. The purpose of this RFP is to provide the applicant with the information necessary to apply for matching state grant funds under the provisions of this program.

The purpose of this program is to increase the number of physicians providing primary care in medically underserved communities, particularly rural.

USE OF FUNDS: The funds can be used to establish a medical office and ancillary facilities for diagnosing and treating patients. The optimum use of funds would be for the purchase of equipment and furnishings that would establish a new practice site. The site will continue to serve the primary care needs of the community beyond the grant period, and the physician will agree to practice for a minimum of two years.

AMOUNT OF AWARDS: The funding available for support of this program during FY 2005 is $250,000. Approximately 10 projects will be funded. Under the requirements of this program the state grants funds of up to $25,000 to match the contributions by community groups to cover start-up costs for new physicians.

ELIGIBLE APPLICANTS: An eligible community must be in an underserved area as determined by the U.S. Department of Health and Human Services or the Department of State Health Services. The community must make a commitment of $15,000 - $25,000 in contributions toward the project and contract with a physician eligible to participate in this program.

Eligible physicians include those in family/general practice, general pediatrics, general internal medicine, or general obstetrics/gynecology. The physician must be licensed to practice in the State of Texas, have completed an accredited residency program, and have contracted with the community to provide full-time primary care for at least two years. A physician who completed residency within the last ten years will be given priority consideration.

EVALUATION AND SELECTION: ORCA will prioritize the eligible communities to assure that the neediest are provided grants. The prioritization process will quantify indicators of need that may include, but are not limited to, the following: no practicing primary care physicians; only one primary care physician and a population of at least 2,000; no federally or state-funded primary care clinic; no practicing physician assistants or nurse practitioners; the participating physician will be the only physician practicing in one of the primary care specialties; a large minority population, if the participating physician is a member of the same minority group; designation by the United States Department of Health and Human Services as a primary care Health Professional Shortage Area (HPSA) for at least the last five years; a population-to-primary care provider ratio in the top 25% of all counties in the state; poverty rates above the state average; and median family incomes at least 25% below the state average.

DEADLINE: Applications are available January 12, 2005. Completed applications are due by May 31, 2005. Announcement of the selected applicants will be made by July 31, 2005.

CONTRACT PERIOD: The budget period for applications funded under this RFP will be September 1, 2005 - August 31, 2006.

CONTACT PERSON: To obtain the application, please contact:

MUC-SMIP Program Administrator

Office of Rural Community Affairs

P.O. Box 12877

Austin, Texas 78711

(512) 936-6701

e-mail: orca@orca.state.tx.us

TRD-200500176

Charles Stone