1. Purpose.

The Texas Agricultural Finance Authority (the Authority), a public authority within the Texas Department of Agriculture (the Department), is seeking proposals in response to this Request for Qualifications (RFQ) for bond and program counsel. The Authority is seeking to employ Bond Counsel and Program Counsel to assist the Authority in the issuance of and/or purchase of bonds and to provide general program assistance when needed under Chapter 44, Chapter 58, and Chapter 59 of the Texas Agriculture Code (the Code).

2. Background of the Authority

The Authority was created by the Texas Legislature for the purpose of financing innovative, diversified, or value-added production, processing, marketing, or export businesses in Texas. The Authority can provide financing through instruments including direct loans, loan guaranties, insurance or co-insurance. The Authority is governed by a nine-member Board of Directors (the Board), appointed by the Governor with the consent of the State Senate for two-year staggered terms. Employees of the Department are designated by the Commissioner of Agriculture to administer the Authority.

The Board may approve eligible borrowers for financing through direct loans, loan guaranties, loan participation, direct issuance of obligations, or other financial instruments. The Authority may also purchase bonds or municipal anticipation notes from eligible local government entities for the purpose of assisting those local government entities in their rural economic development efforts.

Chapter 58 and Chapter 59 of the Code also provide for the issuance by the Authority of revenue bonds and general obligation bonds. Under Chapter 58 of the Code, the Authority is authorized to issue up to $230 million in general obligation bonds and up to $500 million in revenue bonds for rural agricultural development and agricultural-related projects in the state of Texas. Under Chapter 59 of the Code, the Authority may issue up to $300 million of general obligation bonds for financing agricultural real estate.

3. Statement of Duties for the Bond Counsel.

The counsel's responsibilities for bond work will include, but will not be limited to, advice to the Board, and staff of the Department (Staff) on: the legal ramifications and constraints of the issuance and investment policy; the legality of loan policy proposals and legal aspects of investments and loan policy; the legality of proposed debt structuring techniques; compliance with federal tax and securities requirements for financings associated with the Authority's programs; and, real and anticipated changes in state and federal law, regulations, or public policy, and the potential and real impact on existing or anticipated bond issues, investment policy, and loan policy.

With respect to new bond issues, bond counsel, in consultation with the Authority's Financial Advisor and Staff, may be asked to prepare or review legal documents required by the Board, Comptroller of Public Accounts, Attorney General, or outside parties; request and obtain approval of the bond issue from the Attorney General, Governor, Bond Review Board and other required authorities; and review all financial models and render opinions on the legality and relevant tax position of the proposed issuance and lending scenario.

The counsel shall also perform other legal services, if requested by the Authority, that do not come within the functions of bond counsel for a particular bond issue, but are needed for the implementation and administration of the programs of the Authority. Such services shall include, without limitation, the following: consultation concerning planning and development of programs of the Authority; providing advice concerning policies for lending or granting funds to eligible borrowers; review of program applications; review and drafting of loan documents; assistance in implementing loan guarantee programs; advice and services concerning legislation affecting such programs; advising on, and upon request of the Authority, initiating and pursing collection actions in relation to loan programs; and providing advice concerning administration of the Authority.

4. Proposal Contents.

Responses to this RFQ should include, at least, the following: a thorough description of your firm's ability to represent the Authority in the stated job duties; a description of your firm's past experience as counsel for other state agencies; a description of your firm's past experience as counsel to state and federal banks, credit unions, finance companies, and other financial institutions; a designation of the individuals who might be assigned to the work of the Authority; examples of similar programs in which your firm has assisted as legal counsel; a quotation of your proposed fee structure based upon the issuance of financing enhanced by the general obligation of the State and/or a stand alone revenue bond issuance; a statement addressing the effort made by your firm to encourage and develop the participation of women and minorities in your firm; affirmation that the firm does not, and shall not during the term of the contract, represent any plaintiff in a proceeding seeking monetary damages from the State of Texas or any of its agencies; and a statement of willingness to comply with policies, directives, and guidelines of the Authority and the Attorney General of the State of Texas.

5. Statement of Evaluation Process.

Responses to this RFQ will be evaluated and ranked according to the information provided, and summarized for the Board's review. Staff will rank the proposals and make a recommendation to the Board at the first available meeting. The Board intends to select the proposal that demonstrates the highest degree of competency and the necessary qualifications and experience in providing the requested legal services at a fair and reasonable price. The Authority reserves the right to issue more than one contract for this RFQ. The Authority reserves the right to contract with separate bond and program counsel, and to contract with more than one bond or program counsel.

6. Proposal Requirements.

A duly authorized representative of the firm must execute the submitted response. An unsigned response will not be accepted. Issuance of this RFQ in no way constitutes a commitment by the Authority to award a contract, to issue bonds, or to pay for any services incurred either in the preparation of a response to this RFQ or for the production of any contract for services. The Authority also reserves the right to make amendments to the qualifications requested by giving written notice to all firms who receive this RFQ. All communications with the Authority concerning this RFQ and the selection of Bond Counsel or Program Counsel shall be directed to Robert Wood, Assistant Commissioner for Rural Economic Development, with the Department, acting as program manager on behalf of the Authority. Any contact by a submitting firm, its employees or representatives with any Board member of the Authority for the purposes of soliciting or encouraging a favorable review may be considered grounds for disqualification.

7. Proposal Submission.

All proposals must be received no later than 5:00 p.m., August 1, 2005. Proposal responses, modifications or addenda to an original response received by the Authority after the specified time and date for closing will not be considered. Each firm is responsible for ensuring that its response reaches the Authority before the proposed due date. Firms should submit one unbound original and three (3) copies of their proposal to: Mr. Robert Wood, Assistant Commissioner for Rural Economic Development, Texas Agricultural Finance Authority, c/o Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, Street Address: 1700 N. Congress Ave., Stephen F. Austin Bldg., 11th Floor, Austin, Texas 78701.

Please mark the envelopes containing proposals with the following note in the lower left-hand corner: IN RESPONSE TO PROPOSAL REQUEST: BOND and PROGRAM COUNSEL. All proposals become the property of the Authority. Proposals must set forth full, accurate and complete information as required by this request. Oral responses, instructions or offers will not be considered. The Authority reserves the right to reject any and all responses.

8. Term of the Agreement.

The contract term shall be for the period beginning September 1, 2005,1 through August 31, 2006.

9. Terms of the Agreement.

The contract issued under this RFQ will be in the form prescribed by the Office of the Attorney General for Outside Counsel Contracts.

10. Proposal Modification.

Any response may be modified or withdrawn even after received by the Authority at any time prior to the proposal due date. No material changes will be allowed after the expiration of the proposal due date; however, non-substantive corrections or deletions may be made with the approval of Staff. The Authority reserves the exclusive right to review proposals and make an appropriate selection from such proposals. The Authority is not bound to accept any proposal by virtue of this RFQ.

11. Cost Incurred In Responding.

All costs directly or indirectly related to preparation of a response to the RFQ or any oral presentation required to supplement and/or clarify the RFQ which may be required by the Authority shall be the sole responsibility of, and shall be borne by, your firm.

12. Release Of Information And Open Records.

All proposals shall be deemed, once submitted, to be the property of the Authority and are subject to Texas Public Information Act (the Act). Under the Act, information submitted in response to this RFQ may not be released by the Authority during the proposal evaluation process or prior to the awarding of a contract. After the Authority completes the process and a contract is awarded, proposals and information included therein may be subject to public disclosure under the Act.

TRD-200502252

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: June 3, 2005

Pursuant to Chapter 403, Sections 403.011, 403.105, 403.1041, and 403.1069; and Chapter 404, Subchapter G, Sections 404.103, 404.104, and 404.104(c); and Chapter 2254, Subchapter A, and Chapter 2256, Texas Government Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas Treasury Safekeeping Trust Company (Trust Company), announces issuance of its Request for Proposals (RFP #172g) from qualified, independent firms or individuals to provide professional certified public accountant services for the Trust Company for the purpose of providing financial audits and compliance attestation services (the "Audits") with respect to the (i) Trust Company, (ii) Tobacco Settlement Permanent Trust Account (the "Tobacco Fund"), and (iii) TexPool and TexPool Prime, which are local government investment pools managed by the Texas Comptroller of Public Accounts by and through the Trust Company. The selected contractor or contractors (Contractor) will provide the requested services to the Trust Company to complete one or more Audits. The Trust Company reserves the right to award one or more contracts under this RFP. If approved by the Trust Company, the Contractor will be expected to begin performance of the contract, if any, on or about Monday, August 22, 2005.

Contact: Parties interested in submitting a proposal should contact Mary Salluce, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above referenced address on Friday, June 17, 2005, between 2:00 p.m. and 5:00 p.m. Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Texas Marketplace after Friday, June 17, 2005, 2:00 p.m. CZT. The Texas Marketplace website address is http://esbd.tbpc.state.tx.us.

Questions: All written inquiries and questions must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Tuesday, June 28, 2005. Prospective proposers are encouraged to fax Questions to (512) 475-0973 to ensure timely receipt. The Questions must be addressed to Mary Salluce, Assistant General Counsel, Contracts, and must be signed by an official of that entity. On or before Friday, July 1, 2005, the Trust Company expects to post responses to questions as a revision to the Texas Marketplace notice of issuance of this RFP. Questions received after the deadline will not be considered; respondents shall be solely responsible for ensuring timely receipt of all Questions.

Closing Date: Proposals must be delivered to the Office of Assistant General Counsel, Contracts, at the location specified above (ROOM G24) no later than 2:00 p.m. (CZT), on Friday, July 8, 2005. Proposals received in ROOM G24 after this time and date will not be considered; respondents shall be solely responsible for ensuring the timely receipt of their proposals in the Issuing Office, ROOM G-24.

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Comptroller and Chief Executive Officer of the Trust Company will make the final decision on award(s). The Trust Company reserves the right to accept or reject any or all proposals submitted. The Trust Company is not obligated to execute a contract on the basis of this notice or the distribution of any RFP. Neither the Comptroller, nor the Trust Company shall pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - June 17, 2005, 2:00 p.m. CZT; Questions Due - June 28, 2005, 2:00 p.m. CZT; Official Responses to Questions posted - July 1, 2005; Proposals Due - July 8, 2005, 2:00 p.m. CZT; Contract Execution - August 15, 2005, or as soon thereafter as practical; Commencement of Work - August 22, 2005. Revisions to this schedule, if any, will be posted as revisions to the Texas Marketplace notice of issuance of this RFP.

TRD-200502313

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: June 8, 2005

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §303.003 and §303.009 of the Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/13/05 - 06/19/05 is 18% for Consumer ¹ /Agricultural/Commercial ² /credit thru $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/13/05 - 06/19/05 is 18% for Commercial over $250,000.

¹ Credit for personal, family or household use.

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

TRD-200502330

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: June 8, 2005

Notice mailed June 7, 2005

TCEQ Internal Control No. 04142005-D03; The Commons at Rowe Lane, L.P.; Atlan Ernest Pfluger, Jr.; Joy Pfluger; Ruby Mae Pfluger (a/k/a Mrs. Atlan E. Pfluger, Sr.); and Patricia Pfluger Hoffman (Petitioners) filed a petition for creation of Lakeside Municipal Utility District No. 3 of Travis and Williamson Counties (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioners are the owners of a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 240.407 acres located within Travis and Williamson Counties, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Pflugerville, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Resolution No. 686-05-02-22-8A, effective February 22, 2005, the City of Pflugerville, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) design, construct, acquire, maintain and operate a waterworks and sanitary sewer system for domestic and commercial purposes; (2) design, construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; (3) amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the petition; (4) acquire, own, develop, construct, improve, manage, maintain and operate parks and recreational facilities; and (5) construct, acquire, improve, maintain, and operate any additional facilities, systems, plants and enterprises consistent with the purposes for which the District is created. According to the petition, the Petitioner have conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $24,375,000.

INFORMATION SECTION

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

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

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

TRD-200502335

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 8, 2005

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 July 18, 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 July 18, 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: Duke Pendergraft dba Pendergraft Stone; DOCKET NUMBER: 2004-0938-WQ-E; TCEQ ID NUMBER: RN104285317; LOCATION: 0.8 miles North of Bean Road from the intersection of Rockdale Road and Bean Road, Haskell, Haskell County, Texas; TYPE OF FACILITY: stone quarry; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(a), by failing to obtain authorization to discharge storm water associated with industrial activity to water in the state through either an individual permit or the Multi-Sector General Permit; PENALTY: $39,000; STAFF ATTORNEY: Mary Clair Lyons, Litigation Division, MC 175, (512) 239-6996; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(2) COMPANY: Marrice Hampton; DOCKET NUMBER: 2004-1052-MLM-E; TCEQ ID NUMBER: RN104222336; LOCATION: 12170 County Road 1121, Smith County, Texas; TYPE OF FACILITY: solid waste dump; RULES VIOLATED: 30 TAC §328.60(a) and §330.4(a), and Texas Health and Safety Code, §361.112(a), by failing to obtain registration for a facility receiving or storing more than 500 scrap tires on the ground; 30 TAC §330.4(a), by failing to obtain authorization from the TCEQ prior to accepting or storing municipal solid waste; and 30 TAC §111.201, by failing to prevent outdoor burning of tires, brush, debris, and municipal solid waste; PENALTY: $7,000; STAFF ATTORNEY: James Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

TRD-200502312

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 7, 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 July 18, 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 July 18, 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: BASF Corporation; DOCKET NUMBER: 2003-0157-MLM-E; TCEQ ID NUMBERS: 33849, HG-1249-P, and RN100225689; LOCATION: 4403 La Porte Freeway, Pasadena, Harris County, Texas; TYPE OF FACILITY: chemical plant; RULES VIOLATED: 30 TAC §116.115(c), Permit Number 8199A, Special Condition Numbers 8 and 18, Texas Health and Safety Code (THSC), §382.085(b), by failing to perform the stack sampling and other testing as required to establish the actual pattern and quantities of air contaminants being emitted into the atmosphere from the isobutyraldehyde scrubber and failing to demonstrate the compliance for the 97.6% removal efficiency of isobutyraldehyde; 30 TAC §115.352(2) and THSC, §382.085(b), by failing to make the first attempt at repair within the five calendar days after the leak is found; 30 TAC §115.356(2)(F)(iv) and (vi) and THSC, §382.085(b), by failing to keep the records of the dates on which a leaking component was repaired and the reason for the delay of repair; 30 TAC §111.111(a)(4)(A)(ii) and THSC, §382.085(b), by failing to make the notations in the flare operation log regarding the flare observations; 30 TAC §101.201(b)(7) and THSC, §382.085(b), by failing to identify in the record all the air contaminants involved for the non-reportable upset; 30 TAC §116.115(c), Permit Number 8199, Special Condition Number 1, and THSC, §382.085(b), by failing to prevent an unauthorized release of ethylhexanol; and 30 TAC §335.224(11) and 40 Code of Federal Regulations (CFR) §266.103(c)(7)(ii) and §266.103(d), by failing to timely submit recertification of compliance for the boiler industrial furnace; PENALTY: $12,772; STAFF ATTORNEY: Barbara L. Klein, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Estrella Freight Service, L.L.C.; DOCKET NUMBER: 2004-1621-PST-E; TCEQ ID NUMBERS: 22768 and RN101538395; LOCATION: 2020 Sycamore School Road, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: fleet refueling; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks (USTs); PENALTY: $2,100; STAFF ATTORNEY: Jeffrey Huhn, Litigation Division, MC 175, (512) 239-5111; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Larry Anderson and Andtech Pollution Control, Inc.; DOCKET NUMBER: 2001-0080-WOC-E; TCEQ ID NUMBERS: WW0004406, OC20019, RN103318127, and RN103740684; LOCATIONS: 9750 Ten Mile Bridge Road, three miles west of Keller on Golden Triangle Road, 6221 Abbott Avenue, 2800 Golden Triangle Boulevard, and 3613 Lovell Avenue, Fort Worth, Tarrant County; 563 Pinetree Avenue, Keller, Tarrant County; 4000 Ace Lane, Lewisville, and 914 Country Club Road, Argyle, Denton County; 820 North Texas Expressway, Allen, Collin County; and 900 Gifco Road, Midlothian, Ellis County, Texas; TYPE OF FACILITY: wastewater operation; RULES VIOLATED: 30 TAC §325.128 and TCEQ Water Quality Permit Number 11494-001, Special Provision VI.2., by failing to provide adequate process control of wastewater treatment facilities for which they were responsible for by causing or allowing violations of the TCEQ's rules; 30 TAC §30.33 and §30.331(c), by failing to maintain the required sludge disposal records; 30 TAC §325.128 and TCEQ Water Quality Permit Number 12536-002, Operational Requirements Number 1, by failing to properly operate and maintain all facilities and systems of treatment and control; 30 TAC §325.128 and TCEQ Water Quality Permit Number 13831-001, Operational Requirements Number 1, by failing to ensure that the facility and all of its systems of collection, treatment, and disposal were properly operated; 30 TAC §30.331(c) and TCEQ Permit Number 13831-001, Effluent Limitations and Monitoring Requirements Numbers 2 and 6, by failing to comply with permitted effluent limitations; 30 TAC §30.331(c), and TCEQ Permit Number 13831-001, Monitoring and Reporting Requirements Numbers 3.a. and 3.b., by failing to properly complete and maintain discharge monitoring reports; 30 TAC §30.331(c) and TWC, §26.121, by failing to prevent waste sludge from being deposited in large volumes into an adjacent creek; 30 TAC §30.331(c) and TCEQ Permit 13831-001, Definitions and Standard Permit Conditions Number 1.a., by failing to measure the flow rate; 30 TAC §30.331(c) and TCEQ Permit 13831-001, Effluent Limitations and Monitoring Requirements Number 1, by failing to collect samples for five-day biochemical oxygen demand, total suspended solids, and dissolved oxygen (DO) at the frequency required in the permit; 30 TAC §30.331(c) and TCEQ Permit 13831-001, Monitoring and Reporting Requirements Number 3.c., by failing to note the time of sample collection and analyzation; 30 TAC §30.331(c) and TCEQ Permit 13831-001, Monitoring and Reporting Requirements Number 5, by failing to maintain calibration records for the DO meter; 30 TAC §30.331(c) and TCEQ Permit 13831-001 and 12909-001, Operational Requirements Number 1, by failing to properly maintain the mechanical operations of the clarifier; 30 TAC §30.331(c) and TCEQ Permit 13831-001, Operational Requirements Number 1, by failing to properly maintain the chlorine contact chamber; 30 TAC §30.331(c) and TCEQ Permit 13831-001, Operational Requirements Number 1, by failing to maintain a proper solids inventory within the aeration basin; 30 TAC §30.331(c) and TCEQ Permit 12909-001, Effluent Limitations and Monitoring Requirements Numbers 2 and 6, by failing to comply with the permitted effluent limitations; 30 TAC §30.331(c) and TCEQ Permit 12909-001, Operational Requirements Number 1, by failing to properly maintain the aeration basin and digester; 30 TAC §30.331(c) and TCEQ Permit 12909-001, Monitoring and Reporting Requirements Number 5, by failing to maintain calibration records for the DO meter; 30 TAC §30.331(c) and TCEQ Permit 12909-001, Sludge Requirements Number II.G., by failing to submit an annual sludge report; 30 TAC §30.331(c) and TCEQ Permit 12909-001, Effluent Limitations and Monitoring Requirements Number 1, by failing to collect the required effluent samples; 30 TAC §30.331(c), by failing to accurately complete the monthly effluent report; 30 TAC §30.331(c) and TCEQ Permit 12909-001, Definitions and Standard Permit Conditions Number 1.a., by failing to accurately measure the flow rate; 30 TAC §30.331(c) and TCEQ Permit 12909-001, Monitoring and Reporting Requirements Number 1, by failing to note the time of sample collection and analyzation; 30 TAC §30.331(c) and TCEQ Permit 12909-001, Monitoring and Reporting Requirements Number 1, by failing to record the results of manganese interference determinations; 30 TAC §30.331(c) and §30.33 and TCEQ Water Quality Permit Number 12982-001, Monitoring and Reporting Requirements Number 3, by failing to have the sludge records readily available for review; 30 TAC §30.331(c) and TCEQ Permit 12909-001, Monitoring and Reporting Requirements Number 1, by failing to correctly report the effluent flows; 30 TAC §30.331(c) and TCEQ Permit 13036-001, Operational Requirements Number 1, Section I, Requirements Applying to all Sewage Sludge Land Applications, by failing to ensure that the facility and all of its systems of collection, treatment, and disposal were properly operated; 30 TAC §30.331(c) and TCEQ Permit 13043-001, Operational Requirements Number 1, by failing to properly chlorinate the effluent; 30 TAC §30.331(c) and TCEQ Permit 13043-001, Final Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with effluent limits; 30 TAC §30.331(c) and TCEQ Permit 13043-001, Monitoring and Reporting Requirements Number 1, by failing to accurately report the effluent flow rate; 30 TAC §30.331(c) and §30.33, and TCEQ Permit 13043-001, Monitoring and Reporting Requirements Number 5, by failing to calibrate flow measuring and recording devices; 30 TAC §30.331(c) and §30.33, and TCEQ Permit 13403-001, VI. Special Provisions Number 3, by failing to maintain and operate the treatment facility in order to achieve optimum efficiency of treatment capability; 30 TAC §30.331(c) and §30.33, and TCEQ Permit 13806-001, Final Effluent Limitations and Monitoring Requirements Number 4, and TWC, §26.121, by allowing a discharge of solids; 30 TAC §30.331(c) and TCEQ Permit 13063-001, Operational Requirements Number 1, by failing to properly maintain a proper solids inventory within the aeration basin; 30 TAC §30.331(c) and TCEQ Permit 13043-001, Operational Requirements Number 1, by failing to properly maintain the chlorine contact chamber; 30 TAC §30.331(c), Texas Pollutant Discharge Elimination System Permit Number 12807-001, Section II. Requirements Specific to Bulk Sewage Sludge, G. Reporting Requirements, by failing to submit an annual sludge report; and 30 TAC §30.331(c) and TCEQ Permit Number 13036-001, Effluent Limitations and Monitoring Requirements, by exceeding effluent limitations and failing to report the flow and chlorine maximum residual; PENALTY: $0, revocation of license; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Minerva Benitez dba B & G Grocery & Supplies; DOCKET NUMBER: 2004-1020-PST-E; TCEQ ID NUMBERS: 65864 and RN102046513; LOCATION: 1.9 miles west on Highway 83 North near Rio Grande City, Starr County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $3,150; STAFF ATTORNEY: Ann Skowronski, Litigation Division, MC 175, (512) 239-2497; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(5) COMPANY: Parker County's Squaw Creek Downs, L.P.; DOCKET NUMBER: 2003-1240-MLM-E; TCEQ ID NUMBER: RN103005526; LOCATION: 130 Trinity Meadows Lane, Willow Park, Parker County, Texas; TYPE OF FACILITY: horse racing and stable service operation; RULES VIOLATED: TWC, §26.121(a), by causing an unauthorized sewage discharge from its sewer system; 30 TAC §321.47(b)(3), by failing to construct and manage waste control facilities and land application areas to protect surface water and groundwater and prevent nuisance conditions; and 30 TAC §111.201, by conducting unauthorized outdoor burning of waste; PENALTY: $5,350; STAFF ATTORNEY: Lindsay Andrus, Litigation Division, MC 175, (512) 239-4761; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Ticona Polymers, Inc.; DOCKET NUMBER: 2003-1265-MLM-E; TCEQ ID NUMBERS: NE-0022-I, 30084, and RN101625721; LOCATION: two miles south of Bishop on Highway 77 South, Nueces County, Texas; TYPE OF FACILITY: organic chemical manufacturing plant; RULES VIOLATED: 30 TAC §335.69(a)(1)(B) and §335.112(a)(9) and 40 CFR §262.34(a)(1)(ii) and §265.193(a)(3) and (f), by failing to provide secondary containment for ancillary equipment of a less than 90-day hazardous waste tank; 30 TAC §101.20(1) and §116.115(c), THSC, §382.085(b), and 40 CFR §60.562-1(a)(1)(i)(c), by failing to demonstrate compliance with the applicable emission standards; 30 TAC §116.115(b)(2)(E)(i) and TCEQ Air Permit Number 2691, General Condition 7, by failing to maintain records containing data and information sufficient to demonstrate compliance with the permit; 30 TAC §122.143(4) and §122.145(2), and Federal Operating Permit Number O-02006, by failing to submit a deviation report within 30 days of the end of the reporting period; and 30 TAC §122.143(4) and §122.146(5)(D), and Federal Operating Permit Number O-02008, by failing to submit in a Permit Compliance Certification all instances of deviation, the probable cause of each deviation, and any corrective measures or preventative measures taken for the respective deviation; PENALTY: $20,687; STAFF ATTORNEY: Rebecca Nash Petty, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(7) COMPANY: Wang Hun Chong dba The New C Store; DOCKET NUMBER: 2004-0723-PST-E; TCEQ ID NUMBERS: 49219 and RN100764216; LOCATION: 1125 West Arkansas Lane, Arlington, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.242(3)(J) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition and free of defects that would impair the effectiveness of the system, including pressure/vacuum relief valves and vapor check valves; 30 TAC §334.49(a) and TWC, §26.3475(d), by failing to install a method of corrosion protection for the tank system; 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide proper release detection for the product piping associated with the UST systems; 30 TAC §334.50(b)(2)(A)(i)(III) and TWC, §26.3475(b), by failing to test a line leak detector at least once per year for performance and operational reliability; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(b), by failing to ensure that all tanks were monitored for releases at a frequency of at least once every month, not to exceed 35 days between each monitoring; 30 TAC §334.72, by failing to report, within 24 hours, monitoring results that indicated that a release may have occurred; and 30 TAC §334.74, by failing to immediately investigate and confirm all suspected releases of regulated substances required to be reported; PENALTY: $3,600; STAFF ATTORNEY: Barbara L. Klein, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200502311

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 7, 2005

Under 30 TAC §294.41(g), the executive director of the Texas Commission on Environmental Quality (TCEQ) gives notice of the completion, recommended action, and availability of the Priority Groundwater Management Area (PGMA) report entitled Evaluation for the Hudspeth County Priority Groundwater Management Study Area . In the report, the executive director concludes the Hudspeth County study area should not be designated as a PGMA at this time. Evaluation of available data indicates the problems identified in the report are not critical problems. Based on currently available information, the study area has adequate water resources of sufficient quality to meet water demands for the next 25-year period. The executive director also concludes that the water problems identified in the report can be addressed by water suppliers and water users through conservation, well and well field siting considerations, and development of alternative supplies, or through local initiative to establish a groundwater conservation district (GCD).

EXECUTIVE SUMMARY OF REPORT

The purpose of this evaluation is to determine if the Hudspeth County area is experiencing, or is likely to experience within the next 25 years, critical groundwater problems, and whether a GCD should be created in order to address such problems. The study area included all of Hudspeth County; however, only the area outside of the Hudspeth County Underground Water Conservation District (UWCD) No. 1 was considered for PGMA designation. Because GCDs have the authority to manage groundwater resources, the Hudspeth County UWCD No. 1 has been excluded from PGMA designation consideration.

For this report, TCEQ staff considered comments, data, and information provided by a number of different sources. These sources included water stakeholders from within the study area, the Texas Water Development Board, the Texas Parks and Wildlife Department, the Far West Texas Regional Water Planning Group, and independent research by the staff. The report discusses the available authority and management practices of existing groundwater management entities within and adjacent to the study area, and makes recommendations on appropriate strategies needed to conserve and protect groundwater resources in the study area.

Within the study area, groundwater is produced from the Hueco Bolson, West Texas Bolsons, Capitan Reef Complex, Bone Spring-Victorio Peak, and the Diablo Plateau aquifers. Irrigation has been historically the largest use of groundwater. In 2000, 263,886 acre-feet were used for irrigation and 614 acre-feet for livestock with 41,863 acre-feet and 31 acre-feet, respectively, coming from surface water. Groundwater supplied 222,023 acre-feet for irrigation, 583 acre-feet for livestock, 376 acre-feet for municipal uses, two acre-feet for manufacturing, and one acre-foot for mining. However, information generated for Hudspeth County stakeholders indicated that only about 103,000 acre-feet of groundwater were used for irrigation in 2000. The total annual water demand for the study area is expected to decrease by more than 6% by 2030. The Rio Grande is the only surface water resource for the study area. The 2003 estimated population for the study area is 3,193 and is projected to increase to 4,054 by 2030.

The water supply problems identified in the study area include widespread high total dissolved solids concentrations in groundwater and the lack of firm alternative supplies for irrigation use in the Rio Grande Valley during drought-of-record conditions. Groundwater concerns expressed by area stakeholders included sustainability, water quality, availability, access to alternative water supplies, and the possibility of water exportation. More groundwater research is needed in this study area to understand the nature and dynamics of the aquifers and to understand how much usable water is truly available for annual use.

The available data indicates that water is of sufficient quality in the study area to meet intended and projected uses. Water suppliers either use or are planning to use desalination to treat groundwater to meet drinking water standards. Surface and groundwater supplies are sufficient to meet the present needs during typical years and are projected to be sufficient to meet all future needs to 2030. The exception to this is the irrigation surface water use category in the Rio Grande Valley during drought-of-record conditions. Another potential water supply problem for the study area is water exportation. It is unknown at this time how much, and from where, this water exportation may take place. Therefore, the potential effect this exportation will have on the water resources of the study area cannot be determined at this time.

The water supply and water quality issues identified in the report are not presently critical problems and are not anticipated to be critical problems during the next 25-year planning horizon, and it is concluded and recommended that the Hudspeth County PGMA study area should not be designated as a PGMA at this time. This does not mean that groundwater management would not be beneficial for the study area aquifers. Locally initiated creation of a GCD for the Hueco Bolson, Red Light Draw, Eagle Flat, Green River Valley, and Capitan Reef Complex aquifers, or adding these areas to an existing GCD are feasible and practicable groundwater management options for citizens of the study area to consider.

REPORT AVAILABILITY

The executive director's report was filed with the Office of the Chief Clerk of the TCEQ on June 7, 2005. The report is available for public inspection at the Office of the Hudspeth County Clerk, P.O. Box 58, Sierra Blanca, Texas 79851; Fort Hancock Independent School District/Hudspeth County Public Library, 101 School Drive, Fort Hancock, Texas 79839; and Grace Grebing Public Library, 110 North Main, Dell City, Texas 79837. The report is available for inspection from area GCDs by contacting Hudspeth County UWCD No. 1, 107 South Dodson, Dell City, Texas 79837; Culberson County GCD, P.O. Box 1295, Van Horn, Texas 79855; and Jeff Davis County UWCD, P.O. Box 1203, Fort Davis, Texas 79734. The report is also available for review at the TCEQ Region 6 Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901 and on the TCEQ Web site at http://www.tnrcc.state.tx.us/water/quality/gw/index.html . Copies of the report may be obtained by contacting James Carson Sloan, TCEQ, Water Supply Division, at (512) 239-3975, or by email at jsloan@tceq.state.tx.us . The TCEQ physical address is 12100 Park 35 Circle, Austin, Texas 78753.

TRD-200502332

Stephanie Bergeron Perdue

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: June 8, 2005

The following notices were issued during the period of May 24, 2005 through June 3, 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.

AQUA DEVELOPMENT, INC. has applied for a renewal of TPDES Permit No. 14141-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 450,000 gallons per day. The facility is located 1/8 mile southeast of the intersection of Farm-to-Market Road 1488 and Farm-to-Market Road 2978 in Montgomery County, Texas.

AZTECA MILLING, L.P. which operates a corn flour mill, has applied for a renewal of Permit No. WQ0003111000, which authorizes the disposal of treated wastewater at a daily average flow not to exceed 420,000 gallons per day via irrigation of 475 acres. This permit will not authorize a discharge of pollutants into water in the State. The facility and land application site are located at 4700 South Jefferson, approximately one-half mile south of the intersection of Interstate Highway 27 (State Highway 87) and Business 27, five miles southwest of the City of Plainview, Hale County, Texas. The facility and land application site are located in the drainage area of White River Lake, in Segment No. 1240 of the Brazos River Basin.

CITY OF BIG WELLS has applied for a renewal of TPDES Permit No. 13782-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day. The facility is located approximately 2,000 feet west of Farm-to-Market Road 1867 and 2,200 feet south of U.S. Highway 85 in Dimmit County, Texas.

BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 25 has applied for a renewal of TPDES Permit No. 14322-001, which 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 4,000 feet south of the intersection of County Road 59 and State Route 288 in Brazoria County, Texas.

CAMP LONGHORN CAPITAL, INC. has applied for a renewal of Permit No. 13459-001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 20,000 (June - August) and 1,400 (September - May) gallons per day via surface irrigation of 4.0 acres of non-public access perennial pasture land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 1,200 feet northeast of the confluence of Swamp Creek with Peters Creek and 3,600 feet south of Hoovers Valley Road in Burnet County, Texas.

CANYON RIDGE INVESTMENT COMPANY has applied for a renewal of Permit No. 11198-001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 124,000 gallons per day via surface irrigation of 49 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 1,000 feet north of McCormick Road and approximately 4,000 feet east of Interstate Highway 27 in Randall County, Texas.

CITY OF CORPUS CHRISTI has applied for a renewal of TPDES Permit No. WQ0010401008, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 3,000,000 gallons per day. The facility is located at 201 Jester Street, the Encinal Peninsula adjacent to the Laguna Madre, approximately 0.5 mile southeast of the intersection of Jester Street and State Highway 358 in the City of Corpus Christi in Nueces County, Texas.

CITY OF CRANE has applied for a renewal of Permit No. 10750-001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 450,000 gallons per day via surface irrigation of 115 acres of non-public access land and 60 acres of public exposure golf course. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 1.2 miles northwest of the intersection of U. S. Highway 385 and State Highway 329 and northwest of the City of Crane in Crane County, Texas.

EQUITECH-BIO, INC. which operates a facility supplying animal serums and serum fractions derived from whole animal blood, has applied for a major amendment to Permit No. WQ0004237000 to authorize an increase in the daily average flow to the subsurface drainfield from 300 gallons per day to 500 gallons per day. The current permit authorizes the disposal of reverse osmosis reject water and equipment wash water associated with the blood serum extraction and filtering process via subsurface disposal at a daily average flow not to exceed 300 gallons per day. This permit will not authorize a discharge of pollutants into water in the State. The facility and disposal site are located at 512 Cotton Gin Lane, on the northwest corner of the intersection of Cotton Gin Lane and Industrial Lane, northwest of the City of Kerville, Kerr County, Texas.

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 19 has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014579001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 255,000 gallons per day. The facility will be located approximately 2,000 feet north of the intersection of Riverwood Drive and Quebec Boulevard and approximately 100 feet south of the Right-of-Way of the Brazos River in Fort Bend County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 109 has applied for a major amendment to TPDES Permit No. 11533-001 to authorize an increase in the discharge of treated domestic wastewater from an annual average flow not to exceed 6,000,000 gallons per day to an annual average flow not to exceed 9,000,000 gallons per day; to remove effluent limitations and monitoring requirements for total lead; and to reduce the frequency of monitoring requirements for the 48-hour acute test. The facility is located on Atascocita Road approximately 0.6 miles south of Farm-to Market Road 1960 and approximately 2.1 miles west of the intersection of Atascocita Road and Farm-to Market Road 1960 in Harris County, Texas.

KINGS MANOR MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 13526-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The plant site is located 0.6 mile northeast of the intersection of State Highway Loop 494 and Kingwood Drive in Harris County, Texas.

LAGUNA MADRE WATER DISTRICT has applied for a renewal of TPDES Permit No. 13772-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The facility is located approximately 3.7 miles north of the Queen Isabela Causeway (Park Road 100), on the west side of South Padre Island near Andy Bowie Park in Cameron County, Texas.

CITY OF MEMPHIS has applied for a major amendment to TPDES Permit No. 10220-001 to authorize the addition of constructed wetlands in the treatment process. The current permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 326,000 gallons per day. The current permit also authorizes the disposal of treated domestic wastewater via irrigation of 120 acres of nonpublic access grassland adjacent to the plant site. The facility is located approximately one mile southeast of the intersection of State Highway 256 and U.S. Highway 287 in Hall County, Texas.

MILITARY HIGHWAY WATER SUPPLY CORPORATION has applied for a renewal of Permit No. 13462-002, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 210,000 gallons per day via flood irrigation of 59 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 a county road, southwest of La Paloma, 0.80 mile west of the intersection of U.S. Highway 281 and Farm-to-Market Road 732 in Cameron County, Texas.

MILITARY HIGHWAY WATER SUPPLY CORPORATION has applied for a renewal of Permit No. 13462-003, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 230,000 gallons per day via flood irrigation of 65 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 a county road, northeast of Santa Maria, one mile northeast of the intersection of U.S. Highway 281 and Farm-to-Market Road 2556 in Cameron County, Texas.

MILITARY HIGHWAY WATER SUPPLY CORPORATION has applied for a renewal of Permit No. 13462-004, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 160,000 gallons per day via flood irrigation of 56 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 north of the City of San Pedro, 0.6 mile northeast of the intersection of U.S. Highway 281 and Farm-to-Market Road 1421 in Cameron County, Texas.

MILITARY HIGHWAY WATER SUPPLY CORPORATION has applied for a renewal of Permit No. 13462-005, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 135,000 gallons per day via flood irrigation of 49 acres of non public access grassland. The facility and disposal site are located approximately 2 miles north of the intersection of U.S. Highway 281 and Farm-to-Market Road 1479 (Rangerville Road), east of Rangerville Road, north-northwest of the Town of Los Indios in Cameron County, Texas.

MILITARY HIGHWAY WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. 13462-006, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 510,000 gallons per day. The facility is located approximately 1/2 miles east of the intersection of Balli Road and Farm-to-Market Road 907 and approximately 500 feet west of the intersection of Balli Road and Tower Road in Hidalgo County, Texas.

MISCHER INVESTMENTS, L.P. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014588001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The facility will be located approximately 2.3 miles south and 2.4 miles west of the intersection of U.S. Highway 290 and Barker-Cypress Road in Harris County, Texas.

NORTH ALAMO WATER SUPPLY CORPORATION has applied for a renewal of Permit No. 13747-003, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 122,000 gallons per day via surface irrigation of 34 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 6,000 feet southwest of the intersection of Farm-to-Market Road 490 and Farm-to-Market Road 493, southwest of the City of Hargill in Hidalgo County, Texas.

PRESTO UTILITIES, INC. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014599001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 375,000 gallons per day. The facility will be located west of Applewhite Road, immediately south of the Medina River Bridge and approximately 2 miles north of Loop 1604, in Bexar County, Texas.

PRESTO UTILITIES, INC. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014600001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 375,000 gallons per day. The facility will be located in south Bexar County about 1000 feet east of Applewhite Road and about 1/2 mile north of Atascosa County Line in Bexar County, Texas.

CITY OF RANKIN has applied for a renewal of Permit No. WQ0010601001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day via surface irrigation of 60 acres of non-public access agriculture land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 1.5 miles southwest of the intersection of U.S. Highway 67 and Farm-to-Market Road 349 in Upton County, Texas.

CITY OF RIO HONDO has applied for a renewal of TPDES Permit No. 10475002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility is located approximately 500 feet east of the Arroyo Colorado Tidal and approximately 1.5 miles north of the intersection of Farm-to-Market Road 106 and Farm-to-Market Road 1846 in Cameron County, Texas.

THE CITY OF ROCKDALE has applied for a major amendment to TPDES Permit No. WQ0010658001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 750,000 gallons per day to an annual average flow not to exceed 1,250,000 gallons per day. The facility is located southwest of the intersection of Beverly Road and Southern Pacific Railroad, in Milam County, Texas.

SIGNOR ENTERPRISES, INC. has applied for a renewal of Permit No. 14099-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 7,200 gallons per day via subsurface drip irrigation with a minimum area of 72,000 square feet 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 on Hamilton Pool Road approximately 1.3 miles west of Crumley Ranch Road and 1.0 mile east of Ranch Road 12 in Travis County, Texas.

SOUTH CENTRAL WATER COMPANY has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014582001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day. The facility is located approximately 6,000 feet northeast of the intersection of Farm-to-Market Road 980 and Farm-to-Market Road 3454 in Walker County, Texas.

SOUTH CENTRAL WATER COMPANY has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014592001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 320,000 gallons per day. The facility will be located approximately 1,560 feet southeast of the intersection of Lone Star and Farm-to-Market Road 1774, and approximately 840 feet south of the intersection of Farm-to-Market Road 149 and Farm-to-Market Road 1774 in Montgomery County, Texas.

U.S. DEPARTMENT OF THE NAVY which operates the Corpus Christi Naval Air Station Industrial Waste Treatment Plant, has applied for a major amendment to TPDES Permit No. WQ0002317000 to authorize an extension to the compliance period for fecal coliform effluent limitations at Outfall 001; the additional discharges of wash water and storm water via Outfall 001; removal of effluent limitations for total arsenic, total mercury, and vinyl chloride at Outfall 001; an increase in effluent limitations for total nickel, total silver, and total zinc at Outfall 001; and removal of effluent limitations for total toxic organics at Outfall 101. The current permit authorizes the discharge of domestic wastewater, utility wastewater, and previously monitored effluents (process wastewater, treated groundwater, utility wastewater, and domestic wastewater) at a daily average flow not to exceed 1,500,000 gallons per day via Outfall 001. The facility is located at 8851 Ocean Drive, at the Corpus Christi Naval Air Station, on the south side of Corpus Christi Bay between Oso Bay and Laguna Madre, on the north end of the Encinal Peninsula, and east of the City of Corpus Christi, Nueces County, Texas.

WESTFIELD MOBILE HOME COMMUNITY, LTD. has applied for a renewal of TPDES Permit No. 12555-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located at 520 Gulf Bank Road approximately 1,300 feet east of Airline Drive in Harris County, Texas.

WORLD LAND DEVELOPERS, LP has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014577001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The facility is located approximately 4,600 feet southeast of the intersection of County Road 205 and State Highway 78 and approximately 6,800 feet southwest of the intersection of County Road 483 and Farm-to-Market Road 2755 (Main Street) in Collin County, Texas.

ZAVALA COUNTY has applied for a renewal of TPDES Permit No. 14006-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The facility is located approximately 4000 feet south of the intersection of Farm-to-Market Road 1433 and Farm-to-Market Road 65 on the south side of Crystal City in Zavala County, Texas.

TRD-200502334

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 8, 2005

Notices mailed June 6, 2005 through June 7, 2005.

Application No. TP-5884; Enbridge Pipelines (E. Texas) L.P., 1600 N. Jackson, Jacksonville, Texas 75766, applicant, seeks a Temporary Water Use Permit pursuant to Texas Water Code 11.138 and Texas Commission on Environmental Quality Rules 30 Texas Administrative Code 295.1, et seq. Applicant seeks a temporary water use permit to divert and use not to exceed 52.17 acre-feet of water within a period of 14 days from the Bowles Creek, tributary of Striker Creek, tributary of Angelina River, tributary of Neches River, Neches River Basin, at a maximum diversion rate of 4.46 cfs (2,000 gpm) for industrial use (hydrostatic testing of pipeline) in Cherokee County. The diversion point will be located at Latitude 32.072 N, Longitude 95.988 W, at the crossing of Bowles Creek and the Enbridge's Right of Way approximately 21.3 miles northeast of City of Rusk, Cherokee County and 1.25 miles northwest of the City of Big Springs, Texas. Water not consumed will be returned to the place of diversion after the hydrostatic testing of the pipeline is completed. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on March 3, 2005. Additional information was received on April 29, 2005. The application was accepted for filing and declared administratively complete on May 18, 2005. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by June 27, 2005.

APPLICATION NO. 5872; Deerfield Heights Partners, Ltd., P.O. Box 140447, Dallas, Texas 75214, applicant, has applied to the Texas Commission on Environmental Quality (TCEQ) for a Water Use Permit pursuant to 11.121, Texas Water Code, and TCEQ Rules 30 Texas Administrative Code (TAC) 295.1, et seq. Deerfield Heights Partners, Ltd., applicant, seeks to maintain an existing, on-channel dam and reservoir with a capacity of 91.7 acre-feet of water (normal maximum operating level) on Mustang Creek, tributary of the East Fork Trinity River, tributary of the Trinity River, Trinity River Basin, with a surface area of 8.43 acres of land for in-place recreation purposes in Kaufman County. The dam is located in the Juan Lopez Original Survey, Abstract No. 286, Station 34 +60 on the centerline of the dam is N 45.295 W, 2,951.5 feet from the south corner of the Lopez Survey at Latitude 32.758 N, Longitude 96.449 W, approximately 14.2 miles northwest from the City of Kaufman, Kaufman County, Texas and approximately 2.2 miles northeast from the City of Forney, Texas. Ownership of the innundated land is evidenced by a Special General Warranty Deed filed as Volume 19549, Pages 02064 00555 though 02064 00558 in the Kaufman County Clerk's office. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on December 3, 2004. Additional information was received on February 3, 2005 and May 16, 2005. The application was declared administratively complete and filed with the Office of the Chief Clerk on May 18, 2005. Written public comments and requests for a public meeting should be received in the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

WATER USE PERMIT NO. 4075C (APPLICATION NO. 4393C); Harold Frank, 3020 Chevy Circle, Temple, Texas 76504, applicant, has applied to the Texas Commission on Environmental Quality (TCEQ) for an Amendment to Water Use Permit No. 4075 (Application No. 4393) pursuant to Texas Water Code (TWC) 11.122, and Texas Commission on Environmental Quality Rules 30 Texas Administrative Code (TAC) 295.1, et seq. Water Use Permit No. 4075 (Application No. 4393) authorizes permittee to divert and use not to exceed 512 acre-feet of water per year from a diversion area on the Brazos River, Brazos River Basin, from any point on the east, or left, bank of that portion of the Brazoe River that borders permittee's land between a point bearing S 10 E, 5,200 feet from the northwest corner of the Thomas J. Chambers Grant, Abstract No. 2 and a point bearing S 10 W, 9,600 feet from the same survey corner, at a maximum diversion rate of 6.7 cfs (3,000 gpm), for agricultural purposes to irrigate 256 acres of land out of a 274.88 acre-tract in the Chambers Grant, approximately 20 miles northwest of Franklin, Robertson County, Texas. The time priority for this right is September 6, 1983. Ownership of the described land is recorded in Volume 402, Page 624, of the Robertson County Deed Records. The permit contains a special condition whereby the permittee can divert the authorized water only when the flow of the Brazos River at the USGS Gaging Station No. 08098290 near Highbank, Texas equals or exceeds 610 cfs (273,285 gpm) during the months of April through August and 120 cfs (53,860 gpm) during the remaining months, exclusive of any releases dedicated by Brazos River Authority from its conservation storage for subsequent use downstream. The permit contains another special condition whereby the right to divert shall expire on and become null and void on December 31, 2004, unless prior to that date the permittee applies for and is subsequently granted a term extension. Other special conditions exist. Applicant seeks to amend Water Use Permit No. 4075 (Application No. 4393) to extend or delete the expiration date of the permit. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on November 8, 2004. Additional information and fees were received on March 1, 2005 and April 14, 2005. The application was declared administratively complete and filed with the Office of the Chief Clerk on April 25, 2005. Written public comments and requests for a public meeting should be received in the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

INFORMATION SECTION

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

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

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

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

TRD-200502336

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 8, 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 July 18, 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 July 18, 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: Alon USA, L.P.; DOCKET NUMBER: 2005-0449-AIR-E; IDENTIFIER: Air Account Number HT0011Q, Regulated Entity Number (RN) 100250869; LOCATION: Big Spring, Howard County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.115(b)(2)(F), Air Permit Number 36845, and THSC, §382.085(b), by failing to comply with the discharge limitation of 13.7 pounds per hour of carbon monoxide; PENALTY: $5,560; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(2) COMPANY: Alvarado I.S.D.; DOCKET NUMBER: 2005-0536-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 14101-001, RN101528297; LOCATION: Alvarado, Johnson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 14101-001, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations, by failing to submit the annual sludge report, and by failing to submit the discharge monitoring reports (DMRs); PENALTY: $5,000; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Amanie, Corporation dba Kwik Pantry Food Mart; DOCKET NUMBER: 2005-0371-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 34652, RN102357043; LOCATION: Mesquite, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $3,424; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Arechiga Petroleum, Inc. dba Arechiga Shell; DOCKET NUMBER: 2005-0207-PST-E; IDENTIFIER: PST Facility Identification Number 28596, RN101744043; LOCATION: Laredo, Webb County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(5) COMPANY: Atlas Roofing Corporation; DOCKET NUMBER: 2005-0368-AIR-E; IDENTIFIER: Air Account Number AC0055Q, RN102582673; LOCATION: Diboll, Angelina County, Texas; TYPE OF FACILITY: polyisocyanurate rigid foam manufacturing; RULE VIOLATED: 30 TAC §122.145(2)(C) and §122.146(2) and THSC, §382.085(b), by failing to submit annual compliance certifications; and THSC, §370.008 and the Code, §5.702, by failing to pay toxic release inventory Form R reporting fees; PENALTY: $5,880; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(6) COMPANY: Awais and Sons, Inc. dba Texaco; DOCKET NUMBER: 2003-0805-PST-E; IDENTIFIER: PST Facility Identification Number 42827, RN102452075; LOCATION: Mesquite, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,624; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: B -5 Bar, Inc. dba The Store Exxon; DOCKET NUMBER: 2004-1783-PST-E; IDENTIFIER: PST Facility Identification Number 49905, RN102233475; LOCATION: Batesville, Zavala County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,232; ENFORCEMENT COORDINATOR: Cari Bing, (512) 239-1445; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(8) COMPANY: Cal-Tex Lumber Company, Inc.; DOCKET NUMBER: 2005-0567-AIR-E; IDENTIFIER: Air Account Number NA0055O, RN101611325; LOCATION: Nacogdoches, Nacogdoches County, Texas; TYPE OF FACILITY: sawmill; RULE VIOLATED: 30 TAC §122.145(2)(C) and §122.146(2) and (5)(C) and THSC, §382.085(b), by failing to submit the deviation reports, by failing to include the deviation, and by failing to submit the annual compliance certification; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(9) COMPANY: Charlie Hong dba Coastal Mart; DOCKET NUMBER: 2005-0589-PST-E; IDENTIFIER: PST Facility Identification Number 74195, RN101728111; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $856; ENFORCEMENT COORDINATOR: Suzanne Baldwin, (512) 239-1675; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: TuanTran dba Crabb River Exxon; DOCKET NUMBER: 2005-0305-PST-E; IDENTIFIER: PST Facility Identification Number 74104, RN101847101; LOCATION: Richmond, Fort Bend County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $1,280; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: Crest Water Company dba Oak River Ranch Water System; DOCKET NUMBER: 2005-0254-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 2130031, RN101276004; LOCATION: Nemo, Somervell County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(i) and (n)(3), by failing to provide an adequate service agreement and by failing to provide well driller logs; 30 TAC §290.43(c)(2), by failing to provide a proper roof hatch on the ground storage tank; 30 TAC §290.45(b)(1)(B)(ii) and THSC, §341.0315(c), by failing to provide a total storage capacity of at least 200 gallons per connection; 30 TAC §290.42(l), by failing to compile and maintain a plant operations manual; and 30 TAC §290.51(a)(3) and the Code, §5.702, by failing to pay public health service fees; PENALTY: $336; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: Dixie Chemical Company, Inc.; DOCKET NUMBER: 2005-0126-AIR-E; IDENTIFIER: Air Account Number HG0199M, Air Permit Number 18658, RN100218486; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 18658, and THSC, §382.085(b), by failing to comply with the permitted emission limit of 0.45 pounds per hour of methyl isobutyl ketone; PENALTY: $2,580; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: Imad Abdelgader dba Express Lane Grocery; DOCKET NUMBER: 2005-0532-PST-E; IDENTIFIER: PST Facility Identification Number 14890, RN102226537; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $640; ENFORCEMENT COORDINATOR: Dana Shuler, (512) 239-2505; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(14) COMPANY: FFP Operating Partners, L.P. dba On The Go Fuel; DOCKET NUMBER: 2005-0175-AIR-E; IDENTIFIER: Air Account Number EE1961R, RN100814342; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by allegedly offering for sale gasoline with an oxygen content lower than 2.7% by weight; PENALTY: $2,230; ENFORCEMENT COORDINATOR: Chad Blevins, (512) 239-6017; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(15) COMPANY: Formosa Plastics Corporation, Texas; DOCKET NUMBER: 2005-0125-AIR-E; IDENTIFIER: Air Account Number CB0038Q, RN100218973; LOCATION: Point Comfort, Calhoun County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 7699, and THSC, §382.085(b), by failing to prevent unauthorized emissions from emission point number (EPN) 999; 30 TAC §101.201(g) and THSC, §382.085(b), by failing to meet the minimum reporting requirements for a reportable emission event; and 30 TAC §111.111(a)(4)(A)(ii) and §116.115(c), Permit Number 19168, and THSC, §382.085(b), by failing to prevent unauthorized emissions from EPN Numbers 1018 and 1067; PENALTY: $23,688; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(16) COMPANY: Fresno C-Store, Inc. dba Crossroad Market; DOCKET NUMBER: 2005-0479-PWS-E; IDENTIFIER: PWS Number 0790235, RN101223212; LOCATION: Fresno, Fort Bend County, Texas; TYPE OF FACILITY: transient non-community water supply; RULE VIOLATED: 30 TAC §290.109(c)(1)(A), (2)(F), (3)(A)(ii), and (g)(4) and THSC, §341.033(d), by failing to submit routine bacteriological samples, by failing to provide public notice, by failing to submit the appropriate number of additional samples, by failing to perform repeat sampling, and by failing to post public notice; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(17) COMPANY: HCS Holding Company L.P. dba The Shops At The Galleria; DOCKET NUMBER: 2005-0210-WQ-E; IDENTIFIER: Storm Water General Permit Number TXR15B367, RN104006754; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: shopping center site; RULE VIOLATED: Permit Number TXR15B367 and the Code, §26.121(a)(2), by allegedly having caused or allowed the unauthorized discharge of storm water; PENALTY: $8,400; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(18) COMPANY: City of Huxley; DOCKET NUMBER: 2004-0932-PWS-E; IDENTIFIER: PWS Number 2100019, RN101193803; LOCATION: Shelbyville, Shelby County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(b)(1) and (f)(4) and (5) and THSC, §341.0315(c), by exceeding the maximum contaminant level for total trihalomethanes and haloacetic acids; 30 TAC §290.46(e)(6) and THSC, §341.033(a), by failing to operate a water system that treats surface water under the direct supervision of a licensed water works operator; and 30 TAC §290.42(l), by failing to compile and maintain a plant operations manual; PENALTY: $1,826; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(19) COMPANY: INS Emerald, L.L.C. dba Texas Foods; DOCKET NUMBER: 2005-0151-PST-E; IDENTIFIER: PST Facility Identification Number 70037, RN101541555; LOCATION: Arlington, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to ensure that all tanks are monitored for releases; and 30 TAC §334.8(c)(5)(A)(iii), by failing to ensure that a valid, current delivery certificate is posted at the facility; PENALTY: $5,915; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239-2136; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(20) COMPANY: Joesingh, Inc. dba J & S All Season; DOCKET NUMBER: 2005-0219-PST-E; IDENTIFIER: PST Facility Identification Number 74534, RN101741403; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $1,712; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(21) COMPANY: Karim Sunesara dba Jack Grocery 4; DOCKET NUMBER: 2004-1734-PST-E; IDENTIFIER: PST Facility Identification Number 44903, RN102250719; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(1) and (3) - (6) and THSC, §382.085(b), by failing to maintain a copy of the California Air Resources Board executive order for the Stage II vapor recovery system, by failing to maintain a maintenance log for all repairs and replacements, by failing to maintain proof of attendance and completion of training, by submitting altered test results to indicate a passing result when the test actually failed, and by failing to maintain a daily inspection log; and 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $14,110; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(22) COMPANY: Monroe @ Winkler Investments, Inc. dba Mike Food Mart; DOCKET NUMBER: 2005-0181-PST-E; IDENTIFIER: PST Facility Identification Number 11849, RN101886216; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all underground storage tank (UST) systems; 30 TAC §334.50(b)(2)(A)(ii), (d)(4)(A)(i) and (ii)(II), and the Code, §26.3475(c)(1), by failing to test or monitor each pressurized line for releases, by failing to conduct inventory volume measurements and by failing to perform an automatic test for substance loss capable of detecting a release; PENALTY: $8,160; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(23) COMPANY: Palai, LLC dba Lone Star Foods; DOCKET NUMBER: 2005-0028-PST-E; IDENTIFIER: PST Facility Identification Number 68228, RN101748283; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (2)(A)(i)(III) and the Code, §26.3475(a) and (c)(1), by failing to monitor the UST system for releases, by failing to monitor piping for releases, and by failing to test a line leak detector; 30 TAC §334.48(c), by failing to conduct monthly inventory control; and 30 TAC §334.7(d)(3), by failing to notify the agency of any change in registration information; PENALTY: $4,992; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(24) COMPANY: Petroleum Transport, Inc.; DOCKET NUMBER: 2005-0615-PST-E; IDENTIFIER: RN104565056; LOCATION: O'Donnell, Lynn County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §33.5(b)(1)(A), by failing to ensure that the owner had a valid, current delivery certificate; PENALTY: $800; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(25) COMPANY: Pine Tree Estates 2 Landowner Association Inc.; DOCKET NUMBER: 2004-0003-MWD-E; IDENTIFIER: TPDES Permit Number 13831-001; LOCATION: Keller, Tarrant County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §§305.125(1), (4), and (5), 317.4(d) and (g), and 317.6(b)(3), TPDES Permit Number 13831-001, and the Code, §26.121(a), by failing to comply with the dissolved oxygen (DO) permit limit of three milligrams per liter, by failing to prevent unauthorized discharges from the facility, by failing to properly maintain the mechanical operations of the clarifier, by failing to submit the required DMRs, by failing to accurately measure flow, by failing to maintain a proper solids inventory, and by failing to properly maintain the chlorine contact chamber; 30 TAC §319.5(b) and TPDES Permit Number 13831-001, by failing to collect samples for biochemical oxygen demand, total suspended solids, and DO; and 30 TAC §319.7(a) and (c) and TPDES Permit Number 13831-001, by failing to maintain the pH, DO, and chlorine logs, by failing to accurately complete and maintain DMRs, and by failing to maintain calibration records for the DO meter; PENALTY: $0; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(26) COMPANY: P.M. Fuel Service, Incorporated; DOCKET NUMBER: 2005-0281-PST-E; IDENTIFIER: RN102868551; LOCATION: Irving, Dallas 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: $3,360; ENFORCEMENT COORDINATOR: Jill McNew, (512) 239-0560; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(27) COMPANY: Price Construction, Ltd.; DOCKET NUMBER: 2005-0250-AIR-E; IDENTIFIER: RN104485503; LOCATION: Laredo, Webb County, Texas; TYPE OF FACILITY: hot mix asphalt plant; RULE VIOLATED: 30 TAC §116.110(a)(1) and THSC, §382.085(b) and §382.0518(a), by failing to obtain authorization to construct and operate a hot mix asphalt plant; 30 TAC §111.111(a)(1)(B) and THSC, §382.085(b), by failing to comply with the statewide opacity limit of 20%; and 30 TAC §101.201(e) and THSC, §382.085(b), by failing to submit notification of the excess opacity event documented during the complaint investigation; PENALTY: $4,800; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(28) COMPANY: Randall's Food & Drugs LP dba Tom Thumb 3560; DOCKET NUMBER: 2004-1769-PST-E; IDENTIFIER: PST Facility Identification Number 75212, RN103036059; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: food and drugs store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.248(2), by failing to replace a trained facilities operator within the three-month period following the departure of the preceding operator; PENALTY: $525; ENFORCEMENT COORDINATOR: Susan Longenecker, (512) 239-0968; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(29) COMPANY: Juan R. Trevino dba Rangerville Drive In; DOCKET NUMBER: 2005-0245-PST-E; IDENTIFIER: PST Facility Identification Number 73860, RN101681971; LOCATION: San Benito, Cameron County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $1,520; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(30) COMPANY: Real Estate Property Investments, L.L.C.; DOCKET NUMBER: 2004-0859-EAQ-E; IDENTIFIER: Edwards Aquifer Site Registration Number 13-99042101, RN102745155; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: apartment complex; RULE VIOLATED: 30 TAC §213.4(g)(1)(A), by failing to record the approved Edwards Aquifer Protection Plan (EAPP) in the county deed records; 30 TAC §213.5(b)(4)(B)(i), by failing to maintain the temporary best management practices as described in the technical report of the approved EAPP; and 30 TAC §213.4(k), by failing to adhere to Special Condition 6 of the approved EAPP; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(31) COMPANY: Rental Service Corporation dba Rental Service Store 670; DOCKET NUMBER: 2004-2114-AIR-E; IDENTIFIER: Air Account Number EE1153K, RN102382041; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: rental store that dispenses gasoline; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to meet the minimum oxygen content requirement of 2.7% by weight; PENALTY: $840; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(32) COMPANY: Rip Griffin Truck Service Center, LP dba Rip Griffin Oil Company; DOCKET NUMBER: 2005-0052-AIR-E; IDENTIFIER: RN102822616; LOCATION: Lubbock and El Paso; Lubbock and El Paso Counties, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to meet the minimum oxygen content requirement of 2.7% by weight; and 30 TAC §334.5(b)(1)(A) and the Code, §26.3467(a), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Susan Longenecker, (512) 239-0968; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092; 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(33) COMPANY: S.L.C. Water Supply Corporation; DOCKET NUMBER: 2005-0108-PWS-E; IDENTIFIER: PWS Number 1470031, RN101265908; LOCATION: Groesbeck, Limestone County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(2)(H), by failing to provide sufficient emergency power to deliver a minimum of 0.35 gallons per minute per connection; 30 TAC §290.46(e)(6)(A), by failing to employ a Class B licensed operator; 30 TAC §290.121(a), by failing to have an up-to-date chemical and microbiological monitoring plan; 30 TAC §290.44(d)(1), by failing to have a screen on an air release device; 30 TAC §290.43(e), by failing to maintain an intruder-resistant fence; 30 TAC §290.41(e)(2)(C), by failing to maintain the buoys at the raw water intake; 30 TAC §290.42(d)(13) and (e)(4)(B), by failing to identify the settled water line and the backwash waste line by the use of labels or various colors of paint and by failing to store chlorine cylinders outside in such a manner as to protect them from adverse weather conditions and vandalism; PENALTY: $1,540; ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(34) COMPANY: Schenectady International, Inc.; DOCKET NUMBER: 2005-0136-AIR-E; IDENTIFIER: Air Account Number BL0048R, RN100218999; LOCATION: Freeport, Brazoria County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to submit an initial emissions notification; and 30 TAC §116.115(c), Air Permit Number 2341, and THSC, §382.085(b), by failing to obtain regulatory authority or meet the demonstration requirements of 30 TAC §101.22 for emissions from an upset event; PENALTY: $9,160; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(35) COMPANY: Frank J. Simons; DOCKET NUMBER: 2005-0386-OSI-E; IDENTIFIER: RN104410352; LOCATION: Paint Rock, Concho County, Texas; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: 30 TAC §285.50(b)(1) and THSC, §366.071(a), by failing to hold a current on-site sewage system facility (OSSF) installers license; and 30 TAC §285.3(a)(1) and THSC, §366.051(c), by failing to obtain the required prior authorization to construct from the Conch County OSSF program; PENALTY: $400; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(36) COMPANY: Jimmy Keith Socia; DOCKET NUMBER: 2005-0727-OSI-E; IDENTIFIER: OSSF Installer License Number OS0005563, RN103535761; LOCATION: Lufkin and Buna; Angelina and Jasper Counties, Texas; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: 30 TAC §285.61(4) and THSC, §366.051(c), by failing to begin construction of an OSSF only after obtaining documentation that the owner, or owner's agent, has the permitting authority's authorization to construct; PENALTY: $208; ENFORCEMENT COORDINATOR: Chris Friesenhahn, (210) 490-3096; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(37) COMPANY: Sprint Petroleum, Inc. dba Sprint 24 306; DOCKET NUMBER: 2005-0045-PST-E; IDENTIFIER: PST Facility Identification Number 67806, RN101557015; LOCATION: Greenville, Hunt County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to provide proper release detection and by failing to conduct a line leak detector test; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(38) COMPANY: Stephens Fuel Company dba Dwaynes Auto Center; DOCKET NUMBER: 2005-0333-PST-E; IDENTIFIER: PST Facility Identification Number 34110, RN101540284; LOCATION: Stephenville, Erath County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $2,560; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(39) COMPANY: Mohammad Iftikhar Ashraf dba Super Food Mart 28; DOCKET NUMBER: 2005-0231-PST-E; IDENTIFIER: PST Facility Identification Number 47238, RN101892032; LOCATION: Edom, Van Zandt County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $3,360; ENFORCEMENT COORDINATOR: Dana Shuler, (512) 239-2505; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(40) COMPANY: James M. Boswell dba Texas Water Supply; DOCKET NUMBER: 2005-0311-PWS-E; IDENTIFIER: PWS Number 1870131, RN101259679; LOCATION: Leggett, Polk County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(e) and (q)(1), by failing to employ a licensed water works operator and by failing to issue a boil water notice; 30 TAC §290.43(c), by failing to take a bacteriological sample; 30 TAC §290.45(b)(1)(C)(iii) and §290.46(m) and THSC, §341.0315(c), by failing to maintain the service pumps to provide adequate water pressure and meet minimum capacity requirements; and 30 TAC §290.51(a)(3) and the Code, §5.702, by failing to pay outstanding public health service fees; PENALTY: $571; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(41) COMPANY: U.S. Ecology Texas, L.P.; DOCKET NUMBER: 2004-1146-MLM-E; IDENTIFIER: Solid Waste Registration Number 50052, Hazardous Waste Permit Number 50052, Compliance Plan Number 50052, and Underground Injection Control (UIC) Permit Number WDW278, RN101445666; LOCATION: Robstown, Nueces County, Texas; TYPE OF FACILITY: hazardous waste disposal; RULE VIOLATED: 30 TAC §334.5, §335.152(a)(7), Hazardous Waste Permit Number 50052, and 40 Code of Federal Regulations (CFR) §264.171 and §264.173(a), by failing to maintain hazardous waste containers in good condition and by failing to ensure hazardous waste containers are closed during storage; 30 TAC §335.69(a)(1)(B) and 40 CFR §262.34(a)(1)(ii) and §265.193, by failing to provide proper secondary containment; Hazardous Waste Permit Number 50052 and 40 CFR §265.15, by failing to conduct inspections of permitted waste management units; 30 TAC §335.4 and §335.152(a)(2), (8), (12), and (20), Hazardous Waste Permit Number 50052, and 40 CFR §§264.35, 264.192, §264.1101(c)(1)(iii), (3), and (d)(2), and §265.301, by failing to maintain required aisle space, by failing to obtain the required engineer's certification, by failing to detect and remove accumulated liquid, by failing to repair the secondary containment system, by failing to operate all components of the leachate collection/leak detection systems with less than 12 inches of head on each liner system, and by failing to collect decontamination liquids from the containment building; 30 TAC §335.152(a)(12), Hazardous Waste Permit Number 50052, and 40 CFR §264.303(b), by failing to inspect leachate collection systems; Hazardous Waste Permit Number 50052, by failing to record and convert action leakage rates on amounts of liquids removed from each leak detection system and by failing to remove rainwater from the active landfill cell; 30 TAC §335.6(a), by failing to notify the commission of a hazardous waste storage tank; 30 TAC §331.64(c) and UIC Permit Number WDW278, by failing to maintain an automatic alarm shutoff system and by failing to properly maintain and use continuous recording devices to record injection tubing pressures and injection flow rates; 30 TAC §331.65(b)(1), UIC Permit Number WDW278, and 40 CFR §146.69(a), by failing to submit a quarterly injection report; 30 TAC §331.63(d) and UIC Permit Number WDW278, by failing to maintain the annulus pressure; 30 TAC §305.125(1), Compliance Plan 50052, and Hazardous Waste Permit Number 50052, by failing to sample all wells and by failing to ensure that the facility does not accept unauthorized waste; Hazardous Waste Permit Number 50052 and 40 CFR §264.13(a) and §264.31, by failing to follow the waste analysis plan and by failing to operate the facility in a manner that minimizes the possibility of fire, explosions, or any unplanned, sudden, or non-sudden release of hazardous constituents; and 30 TAC §335.12(c)(2) and 40 CFR §264.72(b), by failing to reconcile a waste manifest discrepancy; PENALTY: $138,320; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(42) COMPANY: Jaime Vasquez; DOCKET NUMBER: 2005-0452-MSW-E; IDENTIFIER: Municipal Solid Waste (MSW) Unauthorized Site Number 455150106, RN104349121; LOCATION: near Las Yescas, Cameron County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste; RULE VIOLATED: 30 TAC §330.5(a), by failing to prevent the disposal of MSW at an unauthorized site; PENALTY: $1,680; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(43) COMPANY: Vinyard Enterprises, Inc. dba Vinyard's Food Mart; DOCKET NUMBER: 2005-0240-PST-E; IDENTIFIER: PST Facility Identification Number 47106, RN103730586; LOCATION: Scroggins, Franklin County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,520; ENFORCEMENT COORDINATOR: Sandra Anaya, (512) 239-0572; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(44) COMPANY: Weirich Bros., Inc.; DOCKET NUMBER: 2005-0005-WQ-E; IDENTIFIER: TPDES Permit General Stormwater Permit Number TXR05P073, RN101935492; LOCATION: Junction, Kimble County, Texas; TYPE OF FACILITY: sand and gravel mining; RULE VIOLATED: 30 TAC §327.3(b), by failing to notify the agency as soon as possible after the discovery of the spill or discharge; and 30 TAC §327.5(a), by failing to immediately abate and contain a spill or discharge; PENALTY: $1,264; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(45) COMPANY: Wilsonart International, Inc.; DOCKET NUMBER: 2005-0325-AIR-E; IDENTIFIER: Air Account Number BF0110G, RN100215631; LOCATION: Temple, Bell County, Texas; TYPE OF FACILITY: plastic laminate production plant; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 9739, and THSC, §382.085(b), by failing to comply with the emissions limits; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

TRD-200502315

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 7, 2005

On May 31, 2005, the Radiation Program Officer, Department of State Health Services (department), approved the settlement agreement between the department and Hill Country Health Centers, Inc., dba Dripping Springs Chiropractic Center (Registrant R17871), of Dripping Springs. A total administrative penalty in the amount of $850 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-200502250

Cathy Campbell

General Counsel

Department of State Health Services

Filed: June 3, 2005

Notice is hereby given by the Department of State Health Services (department), Radiation Safety Licensing Branch, that it has amended Radioactive Material License Number L04971 issued to Waste Control Specialists, LLC (WCS) 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.

Amendment number 35 provides requested clarification as to the types of waste containers and placement on the existing authorized Container Storage Area.

The department has determined that the amendment of the license and the documentation submitted by the licensee provide reasonable assurance that the licensee's radioactive waste processing facility is operated in accordance with the requirements of 25 Texas Administrative Code (TAC), Chapter 289; the amendment of the license will not be inimical to the health and safety of the public or the environment; and the activity represented by the amendment of the license will not have a significant effect on the human environment.

This notice affords the opportunity for a public hearing, upon written request, within 30 days of the date of publication of this notice by a person affected as set out in 25 TAC, §289.205(f). 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, is (a) a resident of a county, or a county adjacent to a county, in which the radioactive material is or will be located; or (b) doing business or has a legal interest in land in the county or adjacent county.

A person affected may request a hearing by writing Mr. Richard A. Ratliff, P.E., Radiation Program Officer, Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756-3189. Any request for a hearing must contain the name and address of the person who considers himself affected by this action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated. Should no request for a public hearing be timely filed, the agency action will be final.

A public hearing, if requested, shall be conducted in accordance with the provisions of 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 State Office of Administrative Hearings (1 TAC, Chapter 155).

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, Radiation Safety Licensing Branch.

TRD-200502320

Cathy Campbell

General Counsel

Department of State Health Services

Filed: June 7, 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: Oakley Chiropractic Clinic, New Caney, R00872; Valley Veterinary Hospital, Edinburg, R01150; Richard D. Morgan, D.D.S., Inc., Lubbock, R05709; Curtis E. Dill, D.D.S., Mesquite, R15552; Lake Joe Pool Animal Clinic, Cedar Hill, R19475; Oatman Chiropractic, Devine, R19788; Oncology Maintenance Services, Plano, R21293; Simeus Foods International, Inc., Mansfield, R21881; SKWD, Quinlan, R23264; Joseph A. Lopez, M.D., PA, Denton, R25518; Edward B. Silverman, Dallas, R25642; CRT ORR Inc., Greenville, R25823; Celso Garcia, D.C., Inc., Houston, R26200; Talamantez Chiropractic, Brownsville, R26888; Thomas Wade Jones (Preferred Dental), Arp, R27557; Memorial Hospital - Memorial City, Houston, Z00901; Christopher L. Harris, Houston, Z01673; Q Plus LTD, Grand Prairie, R07882.

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., Director, Radiation Control Program, 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the certificates of registration will be revoked at the end of the 30-day period of notice.

A copy of all relevant material is available, by appointment, for public inspection at the 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-200502318

Cathy Campbell

General Counsel

Department of State Health Services

Filed: June 7, 2005

Pursuant to 25 Texas Administrative Code, §289.205, the Department of State Health Services (department), filed complaints against the following licensees: X-CEL NDE Inc., Odessa, L03548; Henley Enterprises, Hewitt, L05372.

The complaints allege that these licensees have failed to pay required annual fees. The department intends to revoke the radioactive material licenses; order the licensees to cease and desist use of such radioactive materials; order the licensees to divest themselves of the radioactive material; and order the licensees 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 licensees for a hearing to show cause why the radioactive material licenses 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., Director, Radiation Control Program, 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the radioactive material licenses 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-200502319

Cathy Campbell

General Counsel

Department of State Health Services

Filed: June 7, 2005

The Commissioner of Insurance will hold a public hearing under Docket No. 2614 on June 29, 2005 at 9:30 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, in Austin, Texas, to consider a petition by the Texas Windstorm Insurance Association (TWIA) requesting approval of a reinsurance program to operate in concert with the catastrophe reserve trust fund established under Article 21.49, §8(i), Insurance Code. Article 21.49, §8(h)(17) provides that, with the approval of the Texas Department of Insurance, TWIA may establish a reinsurance program that operates in addition to or in concert with the catastrophe reserve trust fund.

The current reinsurance program, which was approved by the Commissioner in Commissioner’s Order No. 04-0529 (May 26, 2004), expires on May 31, 2005. The new program is proposed to be effective on June 1, 2005.

The hearing is held pursuant to the Insurance Code, Article 21.49, §5A which provides that the Commissioner, after notice and hearing, may issue any orders considered necessary to carry out the purposes of Article 21.49 (Texas Windstorm Insurance Association Act), including, but not limited to, maximum rates, competitive rates, and policy forms. Any person may appear to testify for or against the approval of the proposed reinsurance program. Copies of the TWIA petition and proposed reinsurance agreement are available for review in the Office of the Chief Clerk, Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104. To request copies of the petition and sample reinsurance agreement, please contact Sylvia Gutierrez at (512) 463-6327.

TRD-200502348

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: June 8, 2005

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

Application for admission to Texas of CENTRAL BENEFITS ADMINISTRATORS, INC., a foreign third party administrator. The home office is COLUMBUS, OHIO.

Application for admission to Texas of CITICORP INSURANCE SERVICES, INC., a foreign third party administrator. The home office is WILMINGTON, DELAWARE.

Application for admission to Texas of CONCERO, INC., a foreign third party administrator. The home office is PORTLAND, OREGON.

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-200502342

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: June 8, 2005

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on June 2, 2005, for approval of a special five year amortization of digital switching equipment retired December 31, 2004, pursuant to Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998 & Supplement 2005) (PURA) §52.252 and §53.056. A summary of the application follows.

Docket Title and Number: Application of North Texas Telephone Company for Approval of Special Five Year Amortization Pursuant to P.U.C. Substantive Rule §26.206, Docket Number 31181.

The Application: North Texas Telephone Company filed with the Public Utility Commission of Texas an application for approval of a special five year amortization of digital switching equipment retired December 31, 2004.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 31181.

TRD-200502307

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 6, 2005

On June 3, 2005, Intermedia Communications, LLC 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 60082. Applicant intends to relinquish its certificate.

The Application: Application of Intermedia Communications, LLC to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 31188.

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 June 29, 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 31188.

TRD-200502340

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 8, 2005

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on April 27, 2005, for expanded local calling service (ELCS), pursuant to Chapter 55, Subchapter C of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Petition of the Lake Arrowhead Exchange for Expanded Local Calling Service, Project Number 31047.

The petitioners in the Lake Arrowhead exchange request ELCS to the exchanges of Archer City, Bellevue, Henrietta, Holliday, and Joy.

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 July 1, 2005. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2789. All comments should reference Project Number 31047.

TRD-200502306

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 6, 2005

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on May 27, 2005, for waiver of denial by the North American Numbering Plan Administration (NANPA) Pooling Administrator (PA) of SBC Internet Services, Inc. (SBCIS) request for a code for Local Routing Number in the Dallas rate center.

Docket Title and Number: Petition of SBC Internet Services, Incorporated for Review of Pooling Administrator's Denial of Application for Numbering Resources. Docket Number 31165.

The Application: SBCIS submitted a petition to the Pooling Administrator (PA) to provide it with a growth code in the Dallas rate center.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 22, 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 31165.

TRD-200502235

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 3, 2005

The County of Brazoria through its agent, the Texas Department of Transportation (TxDOT), intends to engage an aviation professional engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT, Aviation Division will solicit and receive proposals for professional aviation engineering design services described in this notice.

Airport Sponsor: Brazoria County, Angleton/Lake Jackson-Brazoria County Airport; TxDOT CSJ No. 0512ANGLE; Scope: Provide engineering/design services for site development and associated appurtenances for a pre-engineered metal aircraft hangar building system with hangar access paving at the Brazoria County Airport.

The DBE goal is set at 6%. TxDOT Project Manager is Megan Caffall.

To assist in your proposal preparation the most recent Airport Layout Plan, 5010 drawing, and project narrative are available online, by selecting "Angleton/Lake Jackson-Brazoria County Airport" at:

www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm

Interested firms shall utilize the latest version of Form AVN-550, titled "Aviation Engineering Services Proposal." The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site, URL address:

http://www.dot.state.tx.us/avn/avn550.doc

The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. (Attention: To ensure utilization of the latest version of Form 550, firms are encouraged to download Form 550 from the TxDOT website as addressed above. Utilization of Form 550 from a previous download may not be the exact same format. Form 550 is an MS Word Template).

Five completed, unfolded copies of Form AVN 550 must be postmarked by U. S. Mail by midnight July 11, 2005 (CDST). Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483; Overnight delivery must be received by 4:00 p.m. (CDST) on July 12, 2005; overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas 78704. Hand delivery must be received by 4:00 p.m. July 12, 2005 (CDST); hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Edie Stimach.

The consultant selection committee will be composed of local government members.

The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluating engineering proposals can be found at:

www.dot.state.tx.us/business/avnconsultinfo.htm

All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews of the top rated firms if the committee deems it necessary. In such case, selection will be made following interviews.

If there are any procedural questions, please contact Edie Stimach, Grant Manager, or Megan Caffall, Project Manager for technical questions at 1-800-68-PILOT (74568).

TRD-200502314

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: June 7, 2005

The City of Giddings and Lee County, through its agent, the Texas Department of Transportation (TxDOT), intends to engage an aviation professional engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division will solicit and receive proposals for professional aviation engineering design services described in this notice.

Airport Sponsor: City of Giddings and Lee County, Giddings-Lee County Airport. TxDOT CSJ No.:0514GIDNG Scope: Provide engineering/design services to construct new hangar access taxiways, aircraft tie-downs, associated pavement markings and drainage structures, and will include the future construction of two ten-unit T-Hangar pre-engineered metal building systems with associated appurtenances at the Giddings-Lee County Airport.

The DBE goal is set at 6%. TxDOT Project Manager is Megan Caffall.

To assist in your proposal preparation the most recent Airport Layout Plan, 5010 drawing and project narrative and are available online by selecting "Giddings-Lee County Airport" at:

www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm

Interested firms shall utilize the latest version of Form AVN-550, titled "Aviation Engineering Services Proposal." The form may be requested from TxDOT Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site, URL address:

http://www.dot.state.tx.us/avn/avn550.doc

The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. (Attention: To ensure utilization of the latest version of Form 550, firms are encouraged to download Form 550 from the TxDOT website as addressed above. Utilization of Form 550 from a previous download may not be the exact same format. Form 550 is an MS Word Template).

Four completed, unfolded copies of Form AVN 550 must be postmarked by U. S. Mail by midnight July 11, 2005 (CDST). Mailing address is: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. (CDST) on July 12, 2005; overnight address is: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas 78704. Hand delivery must be received by 4:00 p.m. July 12, 2005 (CDST); hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Edie Stimach.

The consultant selection committee will be composed of local government members.

The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluating engineering proposals can be found at:

www.dot.state.tx.us/business/avnconsultinfo.htm

All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. In such case, selection will be made following interviews.

If there are any procedural questions, please contact Edie Stimach, Grant Manager, or Megan Caffall, Project Manager for technical questions at 1-800-68-PILOT (74568).

TRD-200502333

Richard Monroe

General Counsel

Texas Department of Transportation

Filed: June 8, 2005

The Texas Department of Transportation (department) requests proposals from law firms interested in providing legal representation required by the department and the Texas Transportation Commission (commission) with respect to the innovative financing and development of transportation projects, including the use of public/private partnerships. The department’s general counsel will make the selection of outside counsel.

Description: The department is a state agency granted powers under Chapter 227, Texas Transportation Code, to plan and construct a new set of intermodal transportation facilities that will be known as the Trans-Texas Corridor and that will integrate highway, rail, and utility components. The department is also authorized under Chapter 361, Texas Transportation Code, to construct, maintain, repair, operate, extend or expand turnpike projects on the state highway system. Section 227.023 and Subchapter I, Chapter 361, Texas Transportation Code, authorize the department to enter into comprehensive development agreements with private entities for the acquisition, financing, design, construction, maintenance, and/or operation of facilities on the Trans-Texas Corridor and department turnpike projects. The department, when entering into a comprehensive development agreement, is required to use a competitive procurement process that provides the best value for the department. The department may solicit proposals or accept unsolicited proposals for a proposed project. A comprehensive development agreement may provide for public/private partnerships, including the issuance of franchises.

The department will engage outside counsel to provide legal advice and assistance to the commission and the department in connection with the development of transportation projects, comprehensive development agreements, and other public/private partnerships. Outside Counsel will be required to provide advice and counsel to the department in these areas, including providing legal advice and support on the terms of comprehensive development agreements and drafting and administering comprehensive development agreements, as well as legal advice and support on issues involved in developing public/private partnerships for the development of transportation projects, including procurement processes and innovative financing options. The department invites responses to this request for proposals from qualified firms for the provision of legal services under the direction and supervision of the department’s Office of General Counsel. Outside counsel engaged by the department must demonstrate competence and expertise in the foregoing areas. Extensive prior experience in providing legal services related to public/private partnerships for the development of transportation projects and the innovative financing of those projects is required.

Responses: Responses to the request for proposals may be submitted by an individual law firm, attorney, or joint venture between two or more law firms and/or attorneys. Responses to the request for proposals should include at least the following information: (1) a description of the firm’s qualifications for performing the foregoing legal services; (2) the names, experience, education, and expertise of the attorneys who will be assigned to work on such matters, and the availability of the lead attorney and other firm personnel who will be assigned to work on these matters, along with appropriate information regarding efforts made by the firm to encourage and develop the participation of minorities and women in the provision of these legal services; (3) information relative to the capabilities and resources of the firm’s offices, and an organizational chart indicating the relevant areas of responsibility of each attorney assigned to work on these matters; (4) the submission of fee information (either in the form of hourly rates for each attorney and paralegal who will be assigned to perform services in relation to these matters, comprehensive flat fees, or other fee arrangements directly related to the achievement of specific goals and cost controls) and billable expenses; (5) an abstract of the firm’s cost control procedures and how it charges for its services; (6) a comprehensive description of the procedures used by the firm to supervise the provision of legal services in a timely and cost effective manner; (7) disclosures of conflicts of interest (identifying each and every matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the Texas Department of Transportation, or to the State of Texas or any of its boards, agencies, commissions, universities, or elected or appointed officials); and (8) confirmation of willingness to comply with the rules, policies, directives, and guidelines of the department, the commission, and the Attorney General of the State of Texas.

Format and Person to Contact: Two copies of the proposal are requested. The proposal should be typed, preferably double spaced, on 8 1/2 x 11 inch paper with all pages sequentially numbered, and either stapled or bound together. They should be sent by mail or delivered in person, marked "Response to Request for Proposal" and addressed to Richard D. Monroe, General Counsel, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483. For questions, please telephone Jack Ingram, Associate General Counsel at (512) 463-8630.

Deadline for Submission of Response: All proposals must be received by the Texas Department of Transportation at the previously stated address no later than 5:00 p.m., July 11, 2005.

TRD-200502229

Richard D. Monroe

General Counsel

Texas Department of Transportation

Filed: June 1, 2005