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 August 22, 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 August 22, 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: Alkusari Texas Limestone Corporation; DOCKET NUMBER: 2004-0719-WQ-E; TCEQ ID NUMBER: RN103777272; LOCATION: 4121 East State Highway 29, Bertram, Burnet County, Texas; TYPE OF FACILITY: cut stone and stone products facility; RULES VIOLATED: 30 TAC §281.25(a)(4) and TWC, §26.121(a), by failing to obtain coverage under the Texas Pollutant Discharge Elimination System Multi-Sector General Permit for storm water; PENALTY: $4,750; STAFF ATTORNEY: Ashley Kever, Litigation Division, MC 175, (512) 239-2987; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(2) COMPANY: Frankie Mae Hamilton; DOCKET NUMBER: 2004-0622-MSW-E; TCEQ ID NUMBER: RN103944872; LOCATION: 3442 County Road 354, Palestine, Anderson County, Texas; TYPE OF FACILITY: scrap tire disposal; RULES VIOLATED: 30 TAC §330.5(c) and §328.60(a), and Texas Health and Safety Code (THSC), §361.112(a), by failing to dispose of solid waste at an approved facility and caused, suffered, allowed, or permitted wastes to be stored, processed, or disposed of at an unauthorized facility; PENALTY: $7,875; STAFF ATTORNEY: Jeffrey Huhn, Litigation Division, MC 175, (512) 239-5111; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(3) COMPANY: Gabriel Vigil dba Mr Press; DOCKET NUMBER: 2004-0906-IHW-E; TCEQ ID NUMBERS: 86173, TXR000032656, and RN100564202; LOCATION: 224 East Cano Street, Edinburg, Hidalgo County, Texas; TYPE OF FACILITY: dry cleaning and laundry facility; RULES VIOLATED: 30 TAC §335.9(a)(1), by failing to maintain and make easily retrievable and easy to copy, records of all hazardous and industrial solid waste activities regarding the quantities generated, stored, processed, and disposed of on-site or shipped off-site for storage, processing, or disposal; 30 TAC §335.6(c), by failing to provide notice to the executive director in writing or using electronic notification software of any changes or additional information to that reported previously within 90 days of the occurrence of such change or of becoming aware of such additional information; 30 TAC §335.69(f)(4) and 40 Code of Federal Regulations (CFR) §262.34(d)(4), by failing to make the required arrangements with local authorities as required by the preparedness and prevention regulations for owners and operators of all hazardous waste facilities; 30 TAC §335.69(f)(5)(C) and 40 CFR §262.34(d)(5)(iii), by failing to ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies; 30 TAC §335.69(f)(2) and 40 CFR §265.174, by failing to inspect hazardous waste containers, consisting of perchloroethlyene, on a weekly basis for leakage deterioration; PENALTY: $4,000; STAFF ATTORNEY: Ashley Kever, Litigation Division, MC 175, (512) 239-2987; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(4) COMPANY: Norma Garza and Julian Hinojosa dba Garza Trucking; DOCKET NUMBER: 2004-0678-MSW-E; TCEQ ID NUMBER: RN104098165; LOCATION: P.O. Box 116, La Blanca, Hidalgo County, Texas; TYPE OF FACILITY: dump trucking business; RULES VIOLATED: 30 TAC §330.32(b), by failing to ensure that the waste collected was unloaded only at facilities authorized to accept the type of waste being transported; PENALTY: $2,500; 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.

(5) COMPANY: Rodney Fincher; DOCKET NUMBER: 2004-1633-MSW-E; TCEQ ID NUMBER: RN104322318; LOCATION: Willis Point, Van Zandt County, Texas; TYPE OF FACILITY: scrap tire transporter operation; RULES VIOLATED: THSC, §361.112(c), by failing to transport used or scrap tires to an authorized facility; 30 TAC §328.55 and §328.57(c)(1), by failing to obtain a registration from the TCEQ before collecting and transporting scrap tires; PENALTY: $2,000; STAFF ATTORNEY: Jeffrey Huhn, Litigation Division, MC 175, (512) 239-5111; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(6) COMPANY: Viking Industries, Inc.; DOCKET NUMBER: 2004-1543-MSW-E; TCEQ ID NUMBER: RN104247572; LOCATION: 1840 Upper Denton Road, Weatherford, Parker County, Texas; TYPE OF FACILITY: recycling center; RULES VIOLATED: 30 TAC §328.5(e), by failing to have a fire prevention and suppression plan as required when managing combustible materials; 30 TAC §328.5(c)(2)(B), by failing to maintain records necessary to document staff training in the inspection of incoming loads to ensure that the loads contain no more than 10% incidental non-recyclable waste; 30 TAC §332.8(b)(2), by failing to treat all permanent in-plant roads for maximum control of dust emissions and post ten miles per hour or below speed limit signs; 30 TAC §111.201 and THSC, §382.085(b), by failing to comply with the general prohibition on outdoor burning; and 30 TAC §330.5, by failing to obtain authorization for the collection, storage, processing, or disposal of municipal solid waste; PENALTY: $7,130; STAFF ATTORNEY: Mary Clair Lyons, Litigation Division, MC 175, (512) 239-6996; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200502843

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: July 12, 2005

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (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 August 22, 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 August 22, 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: Burnet County; DOCKET NUMBER: 2003-1190-PST-E; TCEQ ID NUMBERS: 11912 and RN101488815; LOCATION: 3063 Highway 281 South, Marble Falls, Burnet County, Texas; TYPE OF FACILITY: county fleet maintenance; RULES VIOLATED: 30 TAC §334.49(a) and TWC, §26.3475(d), by failing to provide corrosion protection for the underground storage tanks at the facility; 30 TAC §334.8(c)(4)(B) and TWC, §26.346(a), by failing to ensure that the underground storage tank registration and self-certification form was fully and accurately completed and submitted to the agency in a timely manner; 30 TAC §334.8(c)(5)(A)(iii) and TWC, §26.3467(a), by failing to ensure that a valid TCEQ delivery certificate was posted at the facility; PENALTY: $4,050; STAFF ATTORNEY: Barbara J. Watson, Litigation Division, MC 175, (512) 239-2044; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

TRD-200502842

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: July 12, 2005

The following notices were issued during the period of June 28, 2005 through July 8, 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.

CITY OF BLOOMBURG has applied for a renewal of TPDES Permit No. WQ0013930001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 90,000 gallons per day. The facility is located approximately 200 feet south of the intersection of Anthony and Louisiana Streets in Cass County, Texas.

BROOKELAND FRESH WATER SUPPLY DISTRICT has applied for a major amendment to TPDES Permit No. WQ0010998001 to authorize an increase in the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day and to authorize modifications to the facility. The facility is located approximately 400 feet south of Recreational Road 255 and approximately 5 miles west of the intersection of Recreation Road 255 and U.S. Highway 96 in Jasper County, Texas.

CANUTILLO INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. 11561-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 45,000 gallons per day. The facility is located on the east side of Bosque Road, approximately 4,100 feet north of the intersection of Farm-to-Market Road 259 and Bosque Road and approximately 2 miles northwest of the intersection of State Highway Spur Road 375 and Interstate Highway 10 in El Paso County, Texas.

CEMEX CEMENT OF TEXAS, L.P. which operates the Balcones Cement Plant, which manufactures Portland and masonry cement, has applied for a renewal of TPDES Permit No. WQ0002179000, which authorizes the discharge of wash water from the plant process and truck wash areas and storm water from plant and material/product storage areas on an intermittent and flow variable basis via Outfall 001; and treated domestic wastewater on a flow variable basis via Internal Outfall 101. The facility is located at 2580 Wald Road, at the intersection of Wald Road and Solms Road, approximately 0.75 mile north of Interstate Highway 35, and approximately 1.8 miles southwest of the City of New Braunfels, Comal County, Texas.

CHAPEL HILL INDEPENDENT SCHOOL DISTRICT has applied for a renewal of Permit No. 11857-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day via surface irrigation of 18 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 on the north side of State Highway 64, approximately 1/2 mile north of the school campus and approximately 4.8 miles east of the intersection of Highway 64 and Loop 323 in Smith County, Texas.

CITY OF ECTOR has applied for a renewal of TPDES Permit No. 10552-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 99,000 gallons per day. The facility is located approximately 4,700 feet north of U. S. Highway 82 and 800 feet west of Farm-to-Market Road 898 in Fannin County, Texas.

FORMOSA UTILITY VENTURE, LTD. AND FORMOSA PLASTICS CORPORATION, TEXAS which operates a plastics and organic and inorganic chemicals manufacturing facility, has applied for a renewal of TPDES Permit No. WQ0002436000, which authorizes the discharge of remediated groundwater and combined internal wastewater streams (previously monitored effluents consisting of treated process wastewater, utility wastewater, Ion Exchange Membrane wastewater, and storm water via internal Outfalls 101 and 201) at a daily average flow not to exceed 9,700,000 gallons per day via Outfall 001; non-process area storm water, hydrostatic test water, fire water, non-contact steam condensate, and non-contact wash water on an intermittent and flow variable basis via Outfalls 002 through 012. The applicant has also requested a minor amendment to correct the typographical error requiring the fecal coliform effluent limitation reported as a daily maximum to be reported as a daily average using a 30-day geometric mean at Outfall 001; clarify the historic discharge of equipment/facility washdown via internal Outfall 101; increase the discharge from a daily average flow not to exceed 4,000,000 gallons per day to a daily average flow not to exceed 4,400,000 gallons per day via internal Outfall 101, due to heavier than normal rain fall events resulting in higher volumes of storm water routed to treatment; clarify the historic discharge of equipment/facility washdown, storm water, and water treatment wastewaters via internal Outfall 201; and allow the reuse of Olefins-1 and Olefins-II process area storm water, as cooling tower makeup water. The facility is located at 201 Formosa Drive, one-mile north of the intersection of State Highway 35 and Farm-to-Market Road 1593, northeast of the City of Point Comfort, Calhoun County, Texas.

GALVESTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to TCEQ Permit No. 11477-001 to authorize the discharge of treated domestic wastewater to a receiving body of water and an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 300,000 gallons per day to a daily average flow not to exceed 624,000 gallons per day. The facility is located approximately 0.5 mile north of Stewart Road and 0.25 mile east of 12-Mile Road on Galveston Island in Galveston County, Texas.

CITY OF GRUVER has applied for a renewal of TPDES Permit No. 10751-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located approximately 0.6 mile west of State Highway 15 and approximately 0.8 mile east of State Highway 136, southeast of the City of Gruver in Hansford County, Texas.

GULF COAST WASTE DISPOSAL AUTHORITY which operates the Washburn Tunnel Facility, which is a publicly owned treatment works that accepts and treats piped wastewater from industrial and domestic facilities, and from additional sources delivered by rail, barge, and over-the-road vehicles, has applied for a major amendment to TCEQ Permit No. WQ0001740000 to incorporate operational changes such as the addition of a centralized waste treatment waste stream, removal of a bleached pulp mill waste stream, and adjustment of permitted waste stream volumes to current and proposed levels: additionally, the applicant requested authorization to remove dioxin testing and fish tissue dioxin testing as the sources of dioxin have been removed from the waste streams; decrease the monitoring frequencies for various parameters at Outfall 001; remove the total manganese effluent limitations at Outfall 001, based on good compliance history; add a multi-port high rate diffuser and revise effluent dilutions at Outfall 001; incorporate a 3-tiered permit to authorize the discharge of treated industrial and domestic wastewaters at a daily average flow not to exceed 30,000,000 gallons per day (Interim/Tier I), 36,000,000 gallons per day (Tier II), and 42,000,000 gallons per day (Tier III) via Outfall 001; and add an intermittent storm water driven overflow Outfall 002. The current permit authorizes the discharge of treated industrial and municipal wastewaters at a daily average flow not to exceed 54,700,000 gallons per day via Outfall 001. Issuance of the proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0001740000 will replace the existing NPDES Permit No. TX0052591 issued on October 20, 2000 and TCEQ permit No. 01740 issued on August 1, 2000. The facility is located on the south bank of the Houston Ship Channel, approximately one-half mile west and upstream of the Washburn Tunnel, Harris County, Texas.

HANSON AGGREGATES, INC. which operates a limestone quarrying, crushing, and washing operation, has applied for a renewal of TPDES Permit No. WQ0000679000, which authorizes the discharge treated process wastewater and storm water on an intermittent and flow variable basis via Outfall 001. The facility is located at 6097 Farm-to-Market Road 1810, approximately one-mile east of the intersection of State Highway 101 and Farm-to-Market Road 1810 in the City of Chico, Wise County, Texas.

NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 has applied for a renewal of TPDES Permit No. 11884-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 475,000 gallons per day. The facility is located approximately 1,000 feet north of Greens Bayou and approximately one mile west of Bammel North Houston Road in Harris County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 165 has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014583001, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The facility will be located 9,000 feet north/northwest of the Farm-to-Market Road 529 crossing of Langham Creek in Harris County, Texas.

THE CITY OF HENRIETTA has applied for a renewal of TPDES Permit No. 10454-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 245,000 gallons per day. The facility is located approximately 1,800 feet west of Farm-to-Market Road 1197, approximately 4,700 feet northwest of U.S. Highway 82 and Farm-to-Market Road 1197 intersection at Bridge and Omega Streets, northwest of the City of Henrietta in Clay County, Texas.

HUDSON HARBOR, LTD. has applied for a renewal of Permit No. 14227-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 14,000 gallons per day via subsurface drip irrigation of 3.2 acres of public access land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located on Hudson Shore of Lake Travis, approximately 5.0 miles northwest of the intersection of Ranch-to-Market Road 620 and Ranch-to-Market Road 2222 in Travis County, Texas.

HUDSPETH COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 has applied for a renewal of TPDES Permit No. 13858-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 160,000 gallons per day. The facility is located north of and adjacent to the Union Pacific Right-of-Way, approximately 2.1 miles from its intersection with Ranch Road 1111 in Hudspeth County, Texas.

CITY OF JARELL has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014594001, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 4,000,000 gallons per day. The facility will be located south of Farm-to-Market Road 487, approximately 1,900 feet east of the intersection of Farm-to-Market Road 487 and County Road 304, Williamson County, Texas.

KOHLER CO. which operates the Kohler Brownwood Vitreous Plant, a ceramic ware (bathroom fixtures) and fiberglass tub manufacturing facility, has applied for a renewal of TPDES Permit No. WQ0002995000, which authorizes the discharge of washdown waters, hydraulic test water, process wastewater, storm water, and Cull Dump Area seepage at a daily maximum flow not to exceed 432,000 gallons per day via Outfall 001; and storm water runoff on an intermittent and flow variable basis via Outfall 002. The facility is located at 4601 U.S. Highway 377 South, on the northeast corner of the intersection of U.S. Highway 377 and Farm-to-Market Road 45, in the southwest corner of the City of Brownwood, Brown County, Texas.

CITY OF LAGO VISTA has applied for a major amendment to Permit No. 11752-001, to authorize a change in the manner of effluent disposal from discharge to land application of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day via surface irrigation of 90 acres of golf course and 67 acres of non-public access land planted in cedar trees. The current permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day at Outfall 001. The current permit also authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day via surface irrigation of 205 acres of golf course at Outfall 002. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located west of Country Club Drive and the Lago Vista Golf Course in the east shore of Lake Travis in Lago Vista, approximately five miles west of Jonestown in Travis County. The Lago Vista Golf Course disposal site is located approximately 200 feet northwest of the intersection of Outpost Trace and Rimrock Drive. The Cedar Breaks cedar tree disposal site is located approximately 5,300 feet northwest of Bar-K Ranch Road and Farm-to-Market Road 1431 in Travis County, Texas.

CITY OF MARBLE FALLS has applied for a major amendment to Permit No. 10654-003, to authorize an increase in the daily average flow from 980,000 gallons per day to an annual average flow of 1,500,000 gallons per day and to increase the acreage irrigated from 234 acres to 360 acres. The current permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 980,000 gallons per day via surface irrigation of 234 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The facility is located on the southwest corner of Yett Street and Avenue L in the City of Marble Falls in Burnet County, Texas. The effluent disposal site is located north of the City of Marble Falls approximately 1 mile northwest of the intersection of U.S. Highway 281 and Farm-to-Market Road 1431 in Burnet County, Texas.

MARTIN OPERATING PARTNERSHIP L.P. has applied for a renewal of TPDES Permit No. WQ0012731001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 3,800 gallons per day. The facility is located approximately 1.25 miles north-northeast of the intersection of State Highway 361 and State Highway Park Road 53 (Mustang Island Road), on the eastern tip of Harbor Island adjacent to Aransas Pass Channel in Nueces County, Texas.

MAYDE CREEK MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 11969-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The facility is located approximately one mile south of Clay Road and 0.5 mile east of Fry Road in Harris County, Texas.

MUMTAZ BUILDERS LLC has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014557001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 7,500 gallons per day. The facility is located approximately 2.5 miles east of U.S. Highway 59 on East Mount Houston Road in Harris County, Texas.

O&D USA LLC which operates the Green Lake Complex, an organic chemical plant which manufactures acrylonitrile, acetone cyanohydrin, acetonitrile, and catalyst, has applied for a renewal of TPDES Permit No. WQ0002181000, which authorizes the discharge of demineralizer regenerant, boiler blowdown, cooling tower blowdown, nonhazardous landfill storm water leachate, reverse osmosis reject water, treated domestic wastewater, supernatant from the lime sludge pits, and previously monitored effluents (process area storm water) at a daily average flow not to exceed 1,200,000 gallons per day via Outfall 001; previously monitored effluents (hydrotest water, compressor condensate, and storm water) and industrial activity area storm water on an intermittent and flow variable basis via Outfall 004; and storm water from the rail marshaling yard and closed landfill on an intermittent and flow variable basis via Outfall 005. The facility is located on State Highway 185 approximately five miles north of the intersection of State Highways 35 and 185 and approximately six and one-half miles south of the City of Bloomington, Calhoun County, Texas.

SOUTHWESTERN PUBLIC SERVICE COMPANY which operates a natural gas-fueled steam electric power plant, has applied for a renewal of TCEQ Permit No. WQ0001842000, which authorizes the disposal of cooling tower blowdown, low volume waste sources, metal cleaning wastes and storm water at a daily average flow not to exceed 4,180,000 gallons per day via irrigation of 746 acres. This permit will not authorize a discharge of pollutants into water in the State. The facility and land application site are located on the east side of Farm-to-Market Road 1055, approximately four miles south of the City of Earth, Lamb County, Texas. The facility and land application site are located in the drainage area of Blackwater Draw which is a tributary of the North Fork of the Double Mountain Fork Brazos River in Segment No. 1241 of the Brazos River Basin.

CITY OF SPEARMAN has applied for a renewal of TPDES Permit No. 10977-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day. The facility is located approximately 1 mile northwest of the intersection of State Highway 15 and Farm-to-Market Road 760 and 1.6 miles northeast of the intersection of State Highway 15 and Farm-to-Market Road 2387 in Hansford County, Texas.

TEXAS GENCO II, LP which operates the W.A. Parish Steam Electric Generating Station, has applied for a renewal of TPDES Permit No. WQ0001038000, which authorizes the discharge of blowdown and overflow from the cooling pond (Smithers Lake) at a daily average flow not to exceed 37,000,000 gallons per day via Outfall 001; storm water from coal storage areas (Units 5, 6, 7 and 8) and coal conveyor washdown commingled with metal cleaning wastes on an intermittent and flow variable basis via Outfall 002; condenser cooling water and previously monitored effluents (metal cleaning wastes, boiler blowdown, ash transport water, low volume waste sources, cooling tower blowdown, and treated sanitary wastewater) at a daily average flow not to exceed 2,121,000,000 gallons per day via Outfall 003; storm water runoff from Units 5-8 and ash storage area (coal pile runoff) at a daily average flow not to exceed 1,296,000 gallons per day via Outfall 004; storm water runoff from Units 1-4 and low volume waste sources on an intermittent and flow variable basis via Outfall 005; and low volume waste sources (Units 1-4 auxiliary cooling tower blowdown) on an intermittent and flow variable basis via Outfall 006. The facility is located at 2500 Y.U. Jones Road, south of and adjacent to Smithers Lake and Dry Creek, southwest of the Town of Thompson, Fort Bend County, Texas.

TYNAN WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. 14123-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 45,000 gallons per day. The facility is located approximately 250 feet southeast of State Highway 359 and approximately 500 feet northeast of the intersection of State Highway 359 and Farm-to-Market Road 796 in Bee County, Texas.

U. S. DEPARTMENT OF JUSTICE - LA TUNA FEDERAL CORRECTIONAL INSTITUTION has applied for a renewal of Permit No. 13341-001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 615,000 gallons per day via surface irrigation of 123 acres of non-public access land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately one mile south of the Town of Anthony and 1,500 feet east of U. S. Highway 80 in El Paso County, Texas.

CITY OF WESTON has applied for a new permit, Proposed Permit No. WQ0014602001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day via surface irrigation of 118 acres of municipal park and golf course. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 350,000 gallons per day via surface irrigation of 118 acres of municipal park and golf course. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site will be located approximately 1.6 miles east of the intersection of Farm-to-Market Road 2478 and Farm-to-Market Road 170, at the intersection of Farm-to-Market Road 170 and Honey Creek in Collin County, Texas.

Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE

HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. 61, has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit to authorize a change in disinfection method from chlorination to ultraviolet (UV) light disinfection. The facility is located approximately 3,500 feet south of Cypress-North Houston Road and 3,000 feet east of Huffmeister Road in Harris County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 202 has applied for a minor amendment to the TPDES permit no. 12631-001 to authorize an additional interim phase at a daily average flow not to exceed 725,000 gallons per day. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 750,000 gallons per day. The facility is located approximately 1300 feet west of Bammel-North Houston, between Bourgeois Road and Harris County Flood Control District ditch in Harris County, Texas.

TRD-200502861

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: July 13, 2005

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on June 17, 2005, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Western Oil Tools, Inc.; SOAH Docket No. 582-05-2071; TCEQ Docket No. 2003-0342-IHW-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Western Oil Tools, Inc. on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239-3300.

TRD-200502746

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: July 6, 2005

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075, which requires that the commission may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is August 22, 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 August 22, 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: Abbasi Holdings, Inc. dba Friend Food Mart; DOCKET NUMBER: 2005-0661-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 10990, Regulated Entity Number (RN) 101664514; LOCATION: Killeen, Bell County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,520; ENFORCEMENT COORDINATOR: Sandra Anaya, (512) 239-0572; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(2) COMPANY: City of Angleton; DOCKET NUMBER: 2005-0592-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10548-002, RN101607166; LOCATION: Angleton, Brazoria County, Texas; TYPE OF FACILITY: domestic wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10548-002, and the Code, §26.121(a), by failing to comply with the permit effluent limit for total suspended solids (TSS), by failing to submit the annual sludge report, and by failing to report the monitoring results for the month's minimum and maximum total chlorine residual; PENALTY: $3,968; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: BP Amoco Polymers, Inc.; DOCKET NUMBER: 2005-0645-AIR-E; IDENTIFIER: Air Account Number HX2897U, RN102537289; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b), by failing to obtain regulatory authority or meet the demonstration requirements of 30 TAC §101.222 for emissions; PENALTY: $2,020; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: BP Products North America, Inc.; DOCKET NUMBER: 2005-0706-AIR-E; IDENTIFIER: Air Account Number GB0004L, RN102535077; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b), by allowing unauthorized emissions; PENALTY: $12,320; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: BP Products North America, Inc.; DOCKET NUMBER: 2005-0224-AIR-E; IDENTIFIER: Air Account Number GB0004L, RN102535077; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: industrial organic chemicals refining operation; RULE VIOLATED: 30 TAC §101.20(3) and §116.115(b) and (c), Permit Numbers 2609, 2610, 2612, 18707, 20982, and 8810/PSD-TX-402M2, and THSC, §382.085(b), by failing to maintain an emission below the allowable emission limits; 30 TAC §101.211(c) and THSC, §382.085(b), by failing to submit the final notification for shutdown; and 30 TAC §101.201(a)(1)(B) and (2)(G) and THSC, §382.085(b), by failing to notify the TCEQ within 24 hours of an emissions event; PENALTY: $144,843; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: CRC-Evans Pipeline International, Inc.; DOCKET NUMBER: 2005-0413-WQ-E; IDENTIFIER: RN100908706; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: welding research; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(a), by failing to obtain a TPDES multi-sector general storm water permit; PENALTY: $1,520; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: Davidson Oil Company dba Flying Star Transport LLC; DOCKET NUMBER: 2005-0761-PST-E; IDENTIFIER: RN104517180; LOCATION: O'Donnell, Lynn County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239-2136; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(8) COMPANY: Dupre' Transport, Inc.; DOCKET NUMBER: 2005-0565-PST-E; IDENTIFIER: RN104420419; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(9) COMPANY: City of Eldorado; DOCKET NUMBER: 2005-0229-MWD-E; IDENTIFIER: TPDES Permit Number 10165-001, RN102671690; LOCATION: Eldorado, Schleicher County, Texas; TYPE OF FACILITY: domestic wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10165-001, and the Code, §26.121(a), by failing to comply with the permitted effluent limits for TSS, five-day biochemical oxygen demand (BOD5), pH, and dissolved oxygen (DO); PENALTY: $3,000; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(10) COMPANY: Enbridge Pipelines (NE Texas) L.P.; DOCKET NUMBER: 2005-0438-AIR-E; IDENTIFIER: RN102166964; LOCATION: near Tyler, Cass County, Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 582, and THSC, §382.085(b), by failing to maintain a sulfur recovery efficiency of no less than 94% and by failing to meet the emission rates of 730 pounds per hour (lbs/hr) for sulfur dioxide and 0.4 lbs/hr for hydrogen sulfide; and 30 TAC §122.145(2)(A) and THSC, §382.085(b), by failing to report all instances of deviations; PENALTY: $68,158; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(11) COMPANY: City of Galveston; DOCKET NUMBER: 2003-0384-MWD-E; IDENTIFIER: RN101607091; LOCATION: Galveston, Galveston County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (5), TPDES Permit Number 10688-001, and the Code, §26.121(a), by exceeding the permit limits for DO, TSS, and total copper and by failing to ensure at all times that the facility and all its systems of collection, treatment, disposal, and the circular chart records are properly operated; and 30 TAC §30.350(1) and TPDES Permit Number 10688-001, by failing to employ wastewater operators with the required level of certification; PENALTY: $52,580; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(12) COMPANY: Halbert L P G, Inc.; DOCKET NUMBER: 2005-0690-PST-E; IDENTIFIER: PST Facility Identification Number 25180, RN101842169; LOCATION: Eldorado, Schleicher County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; and 30 TAC §334.22(a) and the Code, §5.702, by failing to pay underground storage tank (UST) fees; PENALTY: $2,568; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(13) COMPANY: Harris County Municipal Utility District Number 344; DOCKET NUMBER: 2005-0552-MWD-E; IDENTIFIER: TPDES Permit Number 0013483001, RN103017224; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 0013483001, and the Code, §26.121(a), by failing to comply with permitted effluent limits for ammonia nitrogen, carbonaceous biochemical oxygen demand, and TSS; PENALTY: $4,704; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14) COMPANY: City of Hearne; DOCKET NUMBER: 2004-1579-MWD-E; IDENTIFIER: TPDES Permit Number 0010046002, RN102835162; LOCATION: Hearne, Robertson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 0010046002, and the Code, §26.121(a), by failing to comply with permitted effluent limits for TSS, ammonia nitrogen, and BOD5; PENALTY: $11,040; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(15) COMPANY: Hill-Lake Gas Storage, L.P.; DOCKET NUMBER: 2005-0187-AIR-E; IDENTIFIER: Air Account Number EA0014H, RN100543024; LOCATION: near Moran, Eastland County, Texas; TYPE OF FACILITY: natural gas reservoir storage; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to certify compliance with Title V Operating Permit Number O-02544; PENALTY: $2,200; ENFORCEMENT COORDINATOR: Susan Longenecker, (512) 239-0968; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(16) COMPANY: KM Aviation, Inc.; DOCKET NUMBER: 2005-0542-AIR-E; IDENTIFIER: RN104372990; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: aerospace surface coating; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain authorization for the aircraft spray painting booth; PENALTY: $840; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(17) COMPANY: City of Luling; DOCKET NUMBER: 2005-0550-MWD-E; IDENTIFIER: TPDES Permit Number 10582002, RN101610798; LOCATION: Luling, Caldwell County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10582002, and the Code, §26.121(a), by failing to comply with the permit effluent limits for BOD5, TSS, and ammonia nitrogen; PENALTY: $1,320; ENFORCEMENT COORDINATOR: Sandy Van Cleave, (512) 239-0667; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(18) COMPANY: McDonald's Corporation; DOCKET NUMBER: 2005-0427-MWD-E; IDENTIFIER: TPDES Permit Number 13807-001, RN102186806; LOCATION: Jersey Village, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 13807-001, and the Code, §26.121(a), by failing to comply with the permit effluent limits for TSS, ammonia nitrogen, and flow; PENALTY: $2,016; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: Metton America, Inc.; DOCKET NUMBER: 2005-0448-MWD-E; IDENTIFIER: TPDES Permit Number 0002406000, RN100667633; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (9), TPDES Permit Number 0002406000, and the Code, §26.121(a), by failing to prevent unauthorized discharges and by failing to notify the TCEQ orally within 24 hours, and in writing within five days of becoming aware of noncompliances; PENALTY: $15,600; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(20) COMPANY: Odessa-Ector Power Partners, L.P.; DOCKET NUMBER: 2005-0446-AIR-E; IDENTIFIER: RN100223882; LOCATION: Odessa, Ector County, Texas; TYPE OF FACILITY: electricity generating station; RULE VIOLATED: 30 TAC §§122.145(2), 122.146(1), and 122.165(a)(8) and THSC, §382.085(b), by failing to submit timely annual permit compliance certifications, deviation reports, and certifications by a responsible official; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Jill Reed, (915) 570-1359; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(21) COMPANY: Pine Tree Mobile Home Park Landowners Association; DOCKET NUMBER: 2004-0002-MWD-E; IDENTIFIER: TPDES Permit Number 13036-001; LOCATION: Keller, Tarrant County, Texas; TYPE OF FACILITY: residential mobile home park; RULE VIOLATED: 30 TAC §§305.125(1), (4), and (5), 317.4(d), 317.6(b)(3), TPDES Permit Number 13036-001, and the Code, §26.121(a), by failing to comply with the permit limit for DO, by failing to properly maintain the mechanical operations of the clarifier, by failing to properly maintain the chlorine contact chamber, and by failing to submit the required discharge monitoring reports; 30 TAC §319.7(a) and (c), by failing to maintain calibration records for the dissolved oxygen meter and by failing to maintain the pH, DO, and chlorine logs; and 30 TAC §317.4(a)(8) and (g) and §317.7(i) and TPDES Permit Number 13036-001, by failing to protect the public water distribution system and by failing to maintain a proper solids inventory; PENALTY: $0; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(22) COMPANY: Pleasant Oil Company, Inc.; DOCKET NUMBER: 2005-0582-PST-E; IDENTIFIER: RN102061991; LOCATION: Keller, Tarrant County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(23) COMPANY: Reedhycalog, L.P.; DOCKET NUMBER: 2005-0004-IWD-E; IDENTIFIER: TPDES Permit Number 00635; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: oil and gas well drilling tool manufacturing; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 00635, and the Code, §26.121(a), by failing to comply with permit effluent limits for total copper; PENALTY: $864; ENFORCEMENT COORDINATOR: Susan Longenecker, (512) 239-0968; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(24) COMPANY: Sadruddin & Sons, Inc. dba Churchill Grocery; DOCKET NUMBER: 2005-0579-PST-E; IDENTIFIER: PST Facility Identification Number 14125, RN101906204; LOCATION: Brazoria, Brazoria County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; and 30 TAC §334.22(a) and the Code, §5.702, by failing to pay UST fees; PENALTY: $2,568; ENFORCEMENT COORDINATOR: John Muennink, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(25) COMPANY: Superior Derrick Services, Inc.; DOCKET NUMBER: 2005-0269-MWD-E; IDENTIFIER: TPDES Permit Number 12443001, RN100869957; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (4), TPDES Permit Number 12443001, and the Code, §26.121(a), by failing to comply with permit effluent limits for ammonia nitrogen and BOD5; PENALTY: $3,120; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(26) COMPANY: Tejas Petroleum Products, Inc. dba Tyler Marketing Chevron Bulk Plant; DOCKET NUMBER: 2005-0563-PST-E; IDENTIFIER: RN101841229; LOCATION: Athens, Henderson County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(27) COMPANY: Abubaker Yusuf dba Texaco Service Station; DOCKET NUMBER: 2005-0453-PST-E; IDENTIFIER: PST Facility Identification Number 13575, RN102339405; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; and 30 TAC §334.8(c)(4)(C) and (5)(A)(i) and the Code, §26.3467(a), by failing to ensure that the UST registration and self-certification forms are fully and accurately completed and by failing to make available to a common carrier a valid, current delivery certificate; PENALTY: $14,688; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(28) COMPANY: Total Petrochemicals USA, Inc.; DOCKET NUMBER: 2005-0540-AIR-E; IDENTIFIER: Air Account Number HG0036S, RN100212109; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §§101.20(1), 101.221(a), and 116.115(c), Air Permit Number 3908B, 40 CFR §60.18(c)(2), and THSC, §382.085(b), by failing to prevent unauthorized emissions of volatile organic compounds and by failing to operate the flare with a flame at all times; PENALTY: $12,880; ENFORCEMENT COORDINATOR: Trina Greico, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(29) COMPANY: Union Water Supply Corporation; DOCKET NUMBER: 2005-0522-MWD-E; IDENTIFIER: RN102915501; LOCATION: Garciasville, Starr County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 13842-001, and the Code, §26.121(a), by failing to comply with the permitted effluent limits for DO, TSS, and BOD5; and 30 TAC §334.22(a) and the Code, §5.702, by failing to pay late fees; PENALTY: $5,440; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(30) COMPANY: Westwood Shores Municipal Utility District; DOCKET NUMBER: 2005-0597-MWD-E; IDENTIFIER: TPDES Permit Number 11300001, RN102916426; LOCATION: Trinity, Trinity County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11300001, and the Code, §26.121(a), by failing to comply with the permitted effluent limits for TSS and flow and by failing to submit discharge monitoring reports; PENALTY: $3,240; ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

TRD-200502837

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: July 12, 2005

The Texas Commission on Environmental Quality (commission) is soliciting nominations to fill several vacant positions on the Pollution Prevention Advisory Committee (PPAC) established under Texas Health and Safety Code, §361.0215. The legislatively created advisory committee advises the commission on the state's policy and goals for pollution prevention and waste minimization.

Individuals interested in being considered by the commission should submit a one-page letter of interest and brief resume or biography. All materials must be received by the commission no later than 5:00 p.m. on August 22, 2005.

The PPAC is composed of nine voting members who offer a balanced representation of environmental and public interest groups and the regulated community. The nine official members include: four environmental or public interest representatives; four regulated community representatives; and one representative from academia.

The commission may appoint ex officio members to provide additional participation from other members of the regulated community and the public who work on pollution prevention and performance-based regulatory initiatives. The commission currently has designated eight ex officio positions including one representative from each of the following sectors: small business, local government, agriculture, Department of Defense, labor, and the Clean Texas, Cleaner World Program. The commission also extends ex officio positions to the Chairs of the House Environmental Regulation Committee and the Senate Natural Resources Committee.

The PPAC advises the commission on: the appropriate organization of state agencies and the financial and technical resources required to aid the state in its efforts to promote waste reduction and minimization; the development of public awareness programs to educate citizens about hazardous waste and the appropriate disposal of hazardous waste and hazardous materials that are used and collected by households; the provision of technical assistance to local governments for the development of waste management strategies designed to assist small quantity generators of hazardous waste; other possible programs to more effectively implement the state's hierarchy of preferred waste management technologies as set forth in Texas Health and Safety Code, §361.023(a); and the implementation of the Recycling Market Development Implementation Program.

The PPAC also advises the commission on the creation and implementation of the strategically directed regulatory structure developed under Texas Water Code, §5.755, and reports quarterly to the commission on its activities, including suggestions or proposals for future activities and other matters the committee considers important. The PPAC must report in writing to the commission a minimum of once per year, unless otherwise directed.

The PPAC operates under the requirements of 30 TAC Chapter 5, Advisory Committees. The PPAC meets a minimum of four times per year and as needed. Members may not miss three consecutive regularly scheduled meetings or more than half of all the regularly scheduled meetings in a one-year period. The meetings usually last one full day and are typically held at the commission headquarters in Austin, Texas. The 79th Texas Legislature authorized reimbursement for committee members' travel expenses.

The commissioners invite nominations for the following positions. Each nomination should include a brief cover letter and biographical summary that includes the individual's experience and qualifications, and an agreement to serve on the committee if appointed.

Except as otherwise provided by law, advisory committee members may serve two- or four-year terms. Please submit nomination(s) for consideration by the commission for the following terms:

Two representatives from an environmental or public interest group (vacant four-year term to expire on August 31, 2009);

Two representatives from the regulated community (vacant four-year terms to expire on August 31, 2009);

One representative from academia (vacant four-year term to expire on August 31, 2009); and

Ex officio appointments (with staggered terms) to fill vacant positions, including potential appointments for small business, agriculture, Department of Defense, Clean Texas, Cleaner World members, local government, labor organizations, and other interested parties.

Written nominations must be received in the Small Business and Environmental Assistance Division Office by 5:00 p.m. on August 22, 2005, via mail, hand delivery, e-mail, or fax. Nominations should be directed to: Ken Zarker, Small Business and Environmental Assistance Division (MC 112), Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. They can also be sent via e-mail to kzarker@tceq.state.tx.us , or they can be faxed to (512) 239-3165.

Documents can be submitted via hand delivery to the Small Business and Environmental Assistance Division, 12100 Park 35 Circle, Building F, Suite 1301, Austin, Texas 78753.

Questions regarding the PPAC can be directed to Mr. Zarker at (512) 239-3145.

TRD-200502836

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: July 12, 2005

On July 11, 2005, the Radiation Program Officer, Department of State Health Services (department), approved the settlement agreement between the department and East Texas Medical Center (registrant-R22120) of Tyler. A total administrative penalty in the amount of $10,000 was assessed the registrant for violations of 25 Texas Administrative Code, Chapter 289. Of the total administrative penalty, $10,000 will be probated for a period of 24 months, 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-200502856

Cathy Campbell

General Counsel

Department of State Health Services

Filed: July 13, 2005

On July 11, 2005, the Radiation Program Officer, Department of State Health Services (department), approved the settlement agreement between the department and Eastex Veterinary Clinic, PA (unregistered) of Beaumont. A total administrative penalty in the amount of $8,000 was assessed the registrant for violations of 25 Texas Administrative Code, Chapter 289.

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-200502855

Cathy Campbell

General Counsel

Department of State Health Services

Filed: July 13, 2005

Notice is hereby given that the Department of State Health Services (department) ordered Empowerment Schools--Healthcare Limited (registrant--R28678) of Houston to cease and desist from deliberately applying radiation to individuals for training purposes with radiation machines.

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-200502858

Cathy Campbell

General Counsel

Department of State Health Services

Filed: July 13, 2005

Notice is hereby given by the Department of State Health Services, Radiation Safety Licensing Branch (Department), that Administrative Law Judges (ALJs) from the State Office of Administrative Hearings (SOAH) will conduct a hearing on Amendment Number 32 to License Number LO4971 that was issued to Waste Control Specialists, L.L.C. (WCS) on February 23, 2005, for its facility located in Andrews County, Texas, one mile North of State Highway 176, 250 feet East of the Texas/New Mexico State Line, 30 miles West of Andrews, Texas (SOAH Docket No. 537-05-5206).

Amendment No. 32 authorizes the construction of two new storage units for interim waste storage, and increases the authorized storage volume of radioactive material under the license in the amount of 1,500,000 cubic feet. Amendment No. 32 also specifies design and inspection standards associated with the volume increase.

In accordance with Texas Health and Safety Code, §401.054 and 25 Texas Administrative Code (TAC) §289.205(f), Notice of Amendment No. 32 was published in the March 11, 2005, issue of the Texas Register (30 TexReg 1530). The Department received two written requests for a hearing that were timely filed within 30 days after the notice was published in the Texas Register . In accordance with 25 TAC §289.205(f)(7), failure to have submitted a written request for a hearing within 30 days after the notice was published in the Texas Register could result in denial of party status.

The hearing will be conducted in accordance with the provisions of the Texas Health and Safety Code, Chapter 401, the Administrative Procedure Act (Texas Government Code, Chapter 2001), the formal hearing procedures of the Department (25 TAC §§1.21 et seq.) and the procedures of the SOAH (1 TAC Chapter 155).

The preliminary hearing shall be held on September 1, 2005, at 9:00 a.m. at the hearings facility of the State Office of Administrative Hearings, located on the 4th floor of the William P. Clements State Office Building, 300 West 15th Street, Austin, Texas. At the preliminary hearing, the ALJs will consider Licensee's and the Department's offers of documents related to jurisdiction and notice, and requests for party status by persons who consider themselves affected and any objections to such requests. A "person affected" is defined as a person who demonstrates that the person has suffered or will suffer actual injury or economic damage and, if the person is not a local government, (a) is a resident of a county, or a county adjacent to that county, in which radioactive material is or will be located; or (b) is doing business or has a legal interest in land in the county or adjacent county. If it appears that the case will proceed to a hearing on the merits, the ALJs will also consider scheduling issues.

All visitors to the William P. Clements Building who do not have a ID badge issued by a state agency or the Department of Public Safety will need to sign a log and receive a visitor's pass from the building security officers on the first floor. Persons attending a SOAH hearing should identify to the security officer the hearing they are attending by providing the officer the SOAH docket number of the hearing (SOAH Docket No. 537-05-5206). Failure to provide the SOAH docket number or to otherwise satisfactorily identify the hearing to the officer may result in delaying your arrival to the hearing. Please allow additional time for this new security process. If you have any questions, please contact SOAH Docketing at (512) 475-3445.

A copy of the license amendment and supporting materials are available, by appointment, for public inspection and copying at the office of the Radiation Safety Licensing Branch, Department of State Health Services, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, 8:00 a.m. to 5:00 p.m., Monday - Friday (except holidays). Information relative to inspection and copying the documents may be obtained by contacting Chrissie Toungate, Custodian of Records, and Radiation Safety Licensing Branch.

TRD-200502850

Cathy Campbell

General Counsel

Department of State Health Services

Filed: July 13, 2005

Pursuant to 25 Texas Administrative Code, §289.205, the Department of State Health Services (department), filed complaints against the following x-ray machine or laser registrants: Thomas C. Cole, Jr., M.D., P.A., Huntsville, R02693; Dental Clinic, Marshall, R03717; Ross P. Kennedy, D.D.S., Inc., Houston, R06492; Edward D. Pernetter, D.D.S., Beaumont, R10309; James T. Halla, M.D., Abilene, R13478; TSC Dental Center, Houston, R15353; Clinica Espana, Dallas, R16135; Crown Chiropractic Clinic, Houston, R16177; Marvin Eugene Williams, D.D.S., Fort Worth, R16809; Southwest Therapies Partnership, Albuquerque, New Mexico, R18309; Rockwood Medical Clinic, Fort Worth, R18382; Robert L. Brannon, M.D., F.A.C.O.G., Dallas, R21383; D. R. Bellamy, D.C., Houston, R23484; Ella Family Medicine, P.A., Houston, R25912; Southwest Texas Bone and Joint Institute, Del Rio, R26054; Solvay Engineered Polymers, Mansfield, R26859; Big Grin Incorporated, Haltom City, R27876; McAllen Hospitals, LP, McAllen, Z00387; Acquire the Fire, Lindale, Z01623; Troixa Entertainment, Gaithersburg, Maryland, Z01706; Ebco Technologies Inc., Richmond, British Columbia, Canada, R27011.

The complaints allege that these registrants have failed to pay required annual fees. The department intends to revoke the certificates of registration; order the registrants to cease and desist use of radiation machine(s); order the registrants to divest themselves of such equipment; and order the registrants to present evidence satisfactory to the department that they have complied with the orders and the provisions of the Texas Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order.

This notice affords the opportunity to the registrants for a hearing to show cause why the certificates of registration should not be revoked. A written request for a hearing must be received by the department within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Radiation Program Officer, 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the certificates of registration will be revoked at the end of the 30-day period of notice.

A copy of all relevant material is available, by appointment, for public inspection at the 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-200502825

Cathy Campbell

General Counsel

Department of State Health Services

Filed: July 11, 2005

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 David Thalman Vacuum Service, Inc. (general licensee) of Carrizo Springs. A total penalty of $5,000 is proposed to be assessed the licensee for alleged violations of 25 Texas Administrative Code, Chapter 289.

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-200502851

Cathy Campbell

General Counsel

Department of State Health Services

Filed: July 13, 2005

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 Karnes County Hospital District, dba Otto Kaiser Memorial Hospital (registrant--M00732-000) of Kenedy. A total penalty of $21,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, Chapter 289.

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-200502755

Cathy Campbell

General Counsel

Department of State Health Services

Filed: July 7, 2005

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 Radiation Oncology of the South Plains (registrant--R26000-000) of Lubbock. A total penalty of $16,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, Chapter 289.

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-200502853

Cathy Campbell

General Counsel

Department of State Health Services

Filed: July 13, 2005

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 Reed Engineering Group, Ltd. (licensee--L04343) of Dallas. A total penalty of $4,000 is proposed to be assessed the licensee for alleged violations of 25 Texas Administrative Code, Chapter 289.

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-200502852

Cathy Campbell

General Counsel

Department of State Health Services

Filed: July 13, 2005

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 Trace Radiochemical, Inc. (licensee--L05435) of Denton. A total penalty of $4,000 is proposed to be assessed the licensee for alleged violations of 25 Texas Administrative Code, Chapter 289.

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-200502854

Cathy Campbell

General Counsel

Department of State Health Services

Filed: July 13, 2005

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 Ward Beecher, D.C., dba Beecher Chiropractic Clinic (registrant--R18620) of Houston. A total penalty of $13,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code Chapter 289.

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-200502857

Cathy Campbell

General Counsel

Department of State Health Services

Filed: July 13, 2005

The following third party administrator (TPA) application has been filed with the Texas Department of Insurance and is under consideration.

Application to change the name of LIBERTY INSURANCE SERVICES CORPORATION to IBM BUSINESS TRANSFORMATION OUTSOURCING INSURANCE SERVICES CORPORATION, a foreign third party administrator. The home office is GREENVILLE, SOUTH CAROLINA.

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-200502864

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: July 13, 2005

The Legislative Budget Board (LBB) announces this notice of contract award. The original notice of request for proposals (HB7.2005.SPR.009) was published in the April 8, 2005, issue of the Texas Register . The consultant will advise and assist the LBB in conducting a management and performance review of the Hearne Independent School District. The contract is awarded to WCL ENTERPRISES located at P.O. Box 941328, Houston, Texas 77094. The total amount of the contract is estimated at $84,570. The contract was executed on June 30, 2005. The term of the contract is June 30, 2005 until May 31, 2006. The final report is due on or about December 20, 2005.

TRD-200502832

Bill Parr

Assistant Director

Legislative Budget Board

Filed: July 12, 2005

The Legislative Budget Board (LBB) announces this notice of contract award. The original notice of request for proposals (HB7.2005.SPR.0010) was published in the April 8, 2005, issue of the Texas Register . The consultant will advise and assist the LBB in conducting a management and performance review of the San Elizario Independent School District. The contract is awarded to WCL ENTERPRISES located at P.O. Box 941328, Houston, Texas 77094. The total amount of the contract is estimated at $108,070. The contract was executed on June 14, 2005. The term of the contract is June 14, 2005 until May 31, 2006. The final report is due on or about December 13, 2005.

TRD-200502831

Bill Parr

Assistant Director

Legislative Budget Board

Filed: July 12, 2005

The Legislative Budget Board (LBB) announces the issuance of a Request for Proposals (RFP # HB7.2005.SPR.0012) to solicit proposals from qualified, independent consultants to assist the LBB in conducting management and performance reviews of selected independent school districts on an as-assigned, as-requested basis. The LBB anticipates selecting multiple consultants for execution of consulting services agreements, if any; however, if awards of consulting services agreements are made under this RFP, the LBB does not guarantee any minimum amount of work or amount of compensation under any such agreement. The selected respondents, if any, will become part of a group of consultants from which the LBB will assign all or part of a review, based upon the school review functional area(s) for which that Consultant is pre-qualified.

Contact: Parties interested in submitting a proposal should contact Bill Parr, Assistant Director, Legislative Budget Board, Robert E. Johnson Building, 5th Floor, 1501 N. Congress, Austin, Texas 78701, telephone number: (512) 463-1200; fax number: (512) 475-2902; email address: bill.parr@lbb.state.tx.us to obtain a copy of the RFP. The LBB will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick up at the above-referenced address on July 7, 2005, between 10:00 a.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The LBB also made the complete RFP available electronically on the Texas Marketplace at: http://esbd.tbpc.state.tx.us and on the LBB website at http://www.lbb.state.tx.us after 10:00 a.m. CZT, on July 7, 2005.

Questions: All questions regarding the RFP must be sent via fax to Bill Parr at (512) 475-2902, not later than 2:00 p.m. CZT, on July 19, 2005. Official responses to questions received by the foregoing deadline will be posted electronically on the Texas Marketplace and the LBB website no later than July 20, 2005, or as soon thereafter as practical.

Closing Date: Proposals must be received in the issuing office at the address specified above no later than 2:00 p.m. CZT, on August 5, 2005. Proposals received after this time and date will not be considered. Respondents shall be solely responsible for confirming the timely receipt of proposals.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. The LBB will make the final decision regarding the selection of consultants who are pre-qualified to conduct management and performance reviews of school districts on an as-assigned, as-requested basis.

The LBB reserves the right to accept or reject any or all proposals submitted. The LBB is under no legal or other obligation to execute any contracts on the basis of this notice or the distribution of any RFP. The LBB shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - July 7, 2005, after 10:00 a.m. CZT; Questions Due - July 19, 2005, 2:00 p.m. CZT; Official Responses to Questions Posted - July 20, 2005, or as soon thereafter as practical; Proposals Due - August 5, 2005, 2:00 p.m. CZT; Approval of Pre-Qualified Vendor List - August 19, 2005, or as soon thereafter as practical.

TRD-200502790

Bill Parr

Assistant Director

Legislative Budget Board

Filed: July 11, 2005

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on July 7, 2005, for service area exception within Loving, Ward and Winkler Counties, Texas.

Docket Style and Number: Application of TXU Electric Delivery Company for a Certificate of Convenience and Necessity for Service Area Boundaries for a Service Area Exception within Loving, Ward and Winkler Counties. Docket Number 31324.

The Application: TXU Electric Delivery Company requested a service area exception to allow Texas-New Mexico Power Company (TNP) to provide electric service to a single point of service. TNP has requested that TXU Electric Delivery Company agree to a service area exception to allow for TNP to serve McCabe Energy, Inc. because TNP has facilities closest to the site. TXU Electric Delivery Company and TNP agree to the service area exception.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than August 2, 2005 by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) at 1-800-735-2989. All comments should reference Docket Number 31324.

TRD-200502839

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 12, 2005

Notice is given to the public of an application filed on July 7, 2005, with the Public Utility Commission of Texas, for an amendment to a certificated service area boundary.

Docket Style and Number: Application of Southwestern Bell Telephone, L.P., doing business as SBC Texas, to Amend Certificate of Convenience and Necessity to Modify the Service Area Boundaries between the Prosper, McKinney, and Frisco Exchanges. Docket Number 31327.

The Application: The minor boundary amendment is being requested to transfer a small portion of serving area from the McKinney and Frisco exchanges to the Prosper exchange of SBC Texas. This minor boundary amendment will allow SBC to create a more clearly-defined boundary in this area to accommodate a number of new subdivisions and office buildings that are planned for construction in the area.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by August 2, 2005, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) at 1-800-735-2989. All comments should reference Docket Number 31327.

TRD-200502840

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 12, 2005

On July 5, 2005, American Fiber Network, 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 60444. Applicant intends to reflect a change in ownership/control to Mobilepro.

The Application: Application of American Fiber Network, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 31314.

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 July 27, 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 31314.

TRD-200502759

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 7, 2005

On June 30, 2005, State Pre-Pay TeleCom, Inc. filed an application with the Public Utility Commission of Texas (commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60380. Applicant intends to relinquish its certificate.

The Application: Application of State Pre-Pay TeleCom, Inc. to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 31301.

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 July 20, 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 31301.

TRD-200502760

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 7, 2005

On July 7, 2005, Cirro Corp. filed an application with the Public Utility Commission of Texas (commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60493. Applicant intends to relinquish its certificate.

The Application: Application of Cirro Corp. to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 31323.

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 July 27, 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 31323.

TRD-200502838

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 12, 2005

Notice is given to the public of an application filed by Brazoria Telephone Company (Brazoria) with the Public Utility Commission of Texas (commission) on June 20, 2005, to make a tariff rate change.

Docket Title and Number: Application of Brazoria Telephone Company (Brazoria) for Approval of Minor Rate Changes Pursuant to P.U.C. Substantive Rule §26.171. Tariff Control Number 31258.

The Application: Brazoria has filed a statement of intent with the commission to increase the rates for Directory Assistance for direct-dialed local and intraLATA calls to Directory Assistance. This change does not alter the allowance for the first three calls to Directory Assistance in any given month.

For a copy of the proposed tariffs or for further information regarding this application, customers should contact Brazoria Telephone Company at 314 West Texas Street, Brazoria, Texas 77422 or call (979) 798-2121 during regular business hours.

Customers have a right to petition the commission for a review of this application. If the commission receives a complaint relating to the proposed change from either an affected intrastate access customer or a group of affected intrastate access customers that, the preceding 12 months, the company billed more than 10% of its total intrastate gross access revenues, the application will be docketed. The deadline to comment or request to intervene in this proceeding is August 31, 2005. Persons wishing to comment or intervene should contact the Public Utility Commission of Texas, Customer Protection Division, P.O. Box 13326, Austin, Texas 78711-3326 or call the commission at (512) 936-7120 or in Texas (toll-free) at 1-888-782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (toll-free) 1-800-735-2988.

TRD-200502758

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 7, 2005

Notice is given to the public of notice filed with the Public Utility Commission of Texas on June 29, 2005, of Connect Paging, Inc. d/b/a Get A Phone for relinquishment of designation as an eligible telecommunications carrier/eligible telecommunications provider.

Docket Title and Number: Notice of Relinquishment of Designation of Connect Paging, Inc. d/b/a Get A Phone as an Eligible Telecommunications Carrier/Eligible Telecommunications Provider. Docket Number 31300.

The Application: The company is requesting to relinquish its designation as an eligible telecommunications carrier/eligible telecommunications provider.

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 August 11, 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 31300.

TRD-200502757

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 7, 2005

Project description. The Public Utility Regulatory Act (PURA) Chapter 39 (specifically, §39.905) allows electric utilities to administer energy savings incentive programs in a market-neutral, nondiscriminatory manner. All customers in all customer classes have a choice of and access to energy efficiency alternatives and other choices from the market that allow a reduction in energy consumption and energy costs. Each utility is required to provide programs and incentives for retail electric providers and competitive energy service providers to acquire additional cost-effective energy efficiency equivalent to at least 10 percent of the electric utility’s annual growth in demand. The independent Measurement & Verification Expert shall produce a report to include verification of the utilities 2003 and 2004 energy and peak demand savings, review the reasonableness of the applied deemed savings, evaluation of the application process and utility inspection procedures. The costs and expenses of the Measurement & Verification report, as approved by the commission, will be paid by TXU Electric Delivery Company, Centerpoint Energy, American Electric Power Companies in Texas (Texas Central Company, Texas North Company and Southwestern Electric Power Company), Texas New Mexico Power Company, Entergy Gulf States, Inc. and Xcel.

Interested respondents may wish to review PUCT Substantive Rule §25.181 in its entirety and other relevant PUCT rules and statutes that are available on the PUCT website at www.puc.state.tx.us/rules/index.cfm.

Eligible Proposers. Pursuant to the Public Utility Regulatory Act (PURA) Chapter 39 (specifically, §39.905) which sets forth the Goal for Energy Efficiency and PUCT Substantive Rule §25.181 which lists the Measurement & Verification Expert’s performance requirements, the PUCT is requesting proposals from recognized businesses with demonstrated experience in the United States electric industry with the capability to meet the project scope; the resources to meet the performance requirements; and which have no real or perceived conflict of interest in relation to the PUCT’s Energy Efficiency programs.

Price. Costs must be justified in terms of activities and objects of expenditure and must be reasonable and necessary to provide the required services. The proposer must distinguish between labor and non-labor costs.

Selection criteria. The evaluation team will recommend selection of a proposal for this program based on a number of factors, including: 1) the proposer’s ability to provide the required services, 2) demonstrated competence and qualifications of the proposer, and 3) the reasonableness of the proposed fee. A team of staff evaluators will review all the proposals submitted. A description of selection criteria is set forth in the RFP. Proposers will be notified in writing of the selection.

Requesting the RFP. A complete copy of the RFP may be obtained by written request to Ben Delamater, Purchaser, Public Utility Commission of Texas, William B. Travis Building, 1701 North Congress Avenue, Austin, TX 78701, or by fax at (512) 936-7058, or by email at ben.delamater@puc.state.tx.us . The RFP will be available on Wednesday, July 27, 2005 and will be e-mailed on that date to all parties who have requested a copy. You may also download the RFP from the PUCT website www.puc.state.tx.us, under Hot Topics, and from the Electronic Business Daily website sponsored by the Texas Department of Economic Development at www.marketplace.state.tx.us.

Deadline for receipt of proposals. Proposals must be received no later than 3:00 p.m. on Friday, August 26, 2005, in the Public Utility Commission of Texas Central Records, Room G-113, Public Utility Commission of Texas, William B. Travis Building, 1701 North Congress Avenue, Austin, TX 78701. Proposals received in Central Records after 3:00 p.m. on Friday, August 26, 2005 will not be considered. Proposals may be received in Central Records between 9:00 a.m. and 5:00 p.m., Monday through Friday, except on holidays. Regardless of the method of submission of the proposal, the commission will rely solely on the time date stamp of Central Records in establishing the time and date of receipt. Proposals should be filed under Project Number 30170.

TRD-200502868

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 13, 2005