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

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 05/16/05 - 05/22/05 is 18% for Consumer ¹ /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the period of 05/16/05 - 05/22/05 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-200501878

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: May 9, 2005

Notice mailed May 10, 2005

TCEQ Docket No. 2004-1590-DIS; The Texas Commission on Environmental Quality (TCEQ) will conduct a hearing on an application for dissolution (Application) of North Harris County Municipal Utility District No. 1 (District). The Application was filed with the TCEQ by C. Travis Traylor, Jr., (Applicant), being an owner of property located within the District. The TCEQ will conduct this hearing under the authority of Chapters 49 and 54 of the Texas Water Code, Title 30, Chapter 293 of the Texas Administrative Code and the procedural rules of the TCEQ.

The TCEQ will conduct the hearing at 9:30 a.m., Wednesday, July 27, 2005, Building E, Room 201S, 12100 Park 35 Circle, Austin, Texas.

On July 7, 1980, the Texas Water Commission created the District. The District operates under Texas Water Code Chapters 49 and 54 as a municipal utility district. The petition filed with the Application states that dissolution is desirable or necessary because the District has been dormant and provided no services to landowners in the District. The petition filed with the Application states that the District: (1) has performed none of the functions for which it was created for five consecutive years preceding the date of the Application, (2) is financially dormant, and (3) has no outstanding bonded indebtedness. An affidavit from the State Comptroller of Public Accounts has been included in the Application, certifying that the District has no bonded indebtedness. If the request for dissolution is approved, the District's assets, if any, will escheat to the State of Texas and will be administered by the State Comptroller of Public Accounts and disposed of in the manner provided by Chapter 74 of the Texas Property Code.

The TCEQ may grant a contested case hearing on this Application if a written hearing request is filed within 30 days after the newspaper publication of this notice. The TCEQ may approve the Application unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this 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 Applicant and the TCEQ Docket Number; (3) the statement "I/we request a contested case hearing"; and (4) a brief description of how you would be affected by the request in a way uncommon to the general public. You may also submit your proposed adjustments to the 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 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 TCEQ Office of the Chief Clerk, MC 105, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, contact the TCEQ Public Interest Counsel, MC 103, the same address. For additional information, individual members of the general public may contact the TCEQ 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.

Persons with disabilities who plan to attend this hearing and who need special accommodations at the hearing should call the TCEQ Office of Public Assistance at 1-800-687-4040 or 1-800-RELAY-TX (TDD), at least one week prior to the hearing.

TRD-200501901

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 11, 2005

The purpose of the meeting is to obtain public input and information concerning the proposal of the Dorchester Refining Company site to the state registry of Superfund sites, the identification of potentially responsible parties, and the proposal of non-residential land use.

The Texas Commission on Environmental Quality (TCEQ or commission) is required under the Texas Solid Waste Disposal Act, Health and Safety Code (the Act), Chapter 361, as amended to annually publish a state registry that identifies facilities that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The most recent registry listing of these facilities was published in the September 24, 2004, issue of the Texas Register (29 TexReg 3278).

In accordance with the Act, §361.184(a), the commission must publish a notice of intent to list a facility on the state registry of state Superfund sites in the Texas Register and in a newspaper of general circulation in the county in which the Dorchester Refining Company site (the site) is located. The commission hereby gives notice that the commission's executive director has determined the Dorchester Refining Company site to be eligible for listing, and that the executive director proposes to list the site on the state registry. The commission also gives notice in accordance with the Act, §361.1855, that it proposes a land use other than residential as appropriate for the site. The commission proposes a commercial/industrial land use designation. Determination of appropriate land use may impact the remedial investigation and remedial action for the site. The TCEQ is proposing a land use designation of commercial/industrial based on the existing use of the property, as prescribed in the Texas Risk Reduction Program rule (30 TAC §350.53).

This notice also explains the general nature of the potential endangerment to public health and safety or the environment as determined by information currently available to the executive director. This notice of intent to list the Dorchester Refining Company site was also published on May 20, 2005, in the Mount Pleasant Daily Tribune .

The site is located at the 1700 Block of West First Street, Mount Pleasant, Titus County, Texas. The geographic coordinates of the site are Latitude 33 degrees 09 seconds 15 seconds north and Longitude 94 degrees 59 seconds 15 seconds west. The description of the site is based on information available at the time the site was evaluated with the Hazard Ranking System (HRS). The HRS is the principal screening guide used by the commission to evaluate potential, and relative risk to public health and the environment from releases or threatened releases of hazardous substances. The site description may change as additional information is gathered on the sources and extent of contamination.

The site covers approximately 130 acres and is west of Mount Pleasant, on the south side of the 1700 Block of West First Street. The site was actively refining gasoline, diesel, and asphalt products from 1936 to 1984. In July of 1998, the TCEQ conducted a soil sampling at the site. Observed releases of pyrene, chrysene, benzo(b&k)fluoranthene, benzo(a)pyrene, indeno(1,2,3-cd)pyrene, benzo(g,h,i)perylene, cadmium, chromium, lead, and mercury were detected on site at levels greater than three times background concentrations. In October 2002, TCEQ conducted a sediment sampling event to document an observed release of hazardous substances into Tankersley Creek. Releases into the creek of cadmium, chromium, and lead were documented.

Currently on site are refinery office and operation buildings as well as the refinery infrastructure and storage facilities. Waste materials on site appear to include gas/oil sludge, asphalt tank bottoms, asphalt, heat exchanger bundle sludge, API separator sludge, and slop oil.

A public meeting will be held on June 23, 2005, at 7:00 p.m., in the Walnut Room of the Mount Pleasant Civic Center located at 1800 N. Jefferson Avenue in Mount Pleasant. The purpose of this meeting is to obtain additional information regarding the site's eligibility for listing on the state registry, obtain additional information regarding potentially responsible parties, and obtain public input and information regarding the appropriate use of land on which the site is located. The public meeting will be legislative in nature and not a contested case hearing under the Texas Administrative Procedure Act (Texas Government Code, Chapter 2001).

All persons desiring to make comments may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m., June 23, 2005, and should be sent in writing to Carol Boucher, Project Manager, Texas Commission on Environmental Quality, Remediation Division, MC 143, P.O. Box 13087, Austin, Texas 78711-3087, or by facsimile to (512) 239-2450. The public comment period for this action will end at the close of the public meeting on June 23, 2005.

A portion of the records for this site, including documents pertinent to the executive director's determination of eligibility, is available for review during regular business hours at Mount Pleasant Public Library, 213 North Madison, Mount Pleasant, Texas, (903) 575-4181. Copies of the complete public record file may be obtained during regular business hours at the commission's Records Management Center, Records Customer Service, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Parking for persons with disabilities is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

Information is also available regarding the state Superfund program on the commission's Web site at www.tnrcc.state.tx.us/permitting/remed/superfund/index.html . Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (800) 633-9363 or (512) 239-2463. Requests should be made as far in advance as possible.

For further information about this site or the public meeting, please call Michael Hoffman, TCEQ Community Relations, at (800) 633-9363, extension 6162.

TRD-200501905

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 11, 2005

Notice is hereby given that the executive director (ED) of the Texas Commission on Environmental Quality (TCEQ) has issued renewal of the Municipal Solid Waste Landfill general operating permit (MSWL GOP) under the requirements of 30 TAC Chapter 122, Subchapter F (concerning General Operating Permits) on May 19, 2005.

The MSWL GOP is available for use by the owners or operators of major source sites (sites) or nonmajor sites subject to the operating permits program. The MSWL GOP provides an alternate permitting mechanism for sites subject to Chapter 122, consistent with Title 40 Code of Federal Regulations Part 70 requirements that authorize the operation of multiple sites that are similar in terms of operations, processes, and emissions.

Beginning on May 20, 2005, the MSWL GOP is subject to public petition for 60 days as specified under 30 TAC §122.360. Comments should be received by July 19, 2005. Any person affected by the decision of the ED to issue the MSWL GOP may petition the United States Environmental Protection Agency (EPA) to make an objection. Petitions shall be based only on objections to the MSWL GOP that were raised with reasonable specificity during the public comment period, unless the petitioner demonstrates in the petition to the EPA, that it was not possible to raise the objections within the public comment period. The petition shall identify all objections. A copy of the petition shall be provided to the ED by the petitioner. The ED shall have 90 days from the receipt of an EPA objection to resolve any objection and, if necessary, terminate or revise the MSWL GOP. Public petitions should be submitted to the TCEQ and the EPA at the following addresses: Texas Commission on Environmental Quality, Mr. Richard Hyde, P.E., Director, Air Permits Division (MC 163), P.O. Box 13087, Austin, Texas 78711-3087; U.S. Environmental Protection Agency, Air Permit Section Chief, Region 6, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733; and the U.S. Environmental Protection Agency, Administrator Steve Johnson, Ariel Rios Building (AR 1101A), 1200 Pennsylvania Avenue, NW, Washington, DC 20460.

Copies of the MSWL GOP and final technical summary may be obtained from the TCEQ Web site at http://www.tnrcc.state.tx.us/permitting/airperm/opd/permtabl.htm or by contacting the TCEQ Air Permits Division at (512) 239-1250. For further information or questions concerning the MSWL GOP, contact Phil Harwell, Office of Permitting, Remediation & Registration, Air Permits Division, (512) 239-1517.

TRD-200501897

Stephanie Bergeron Perdue

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: May 10, 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 June 20, 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 June 20., 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: Dhanani Investments, Inc. dba Yale Shamrock; DOCKET NUMBER: 2004-0369- PST-E; TCEQ ID NUMBERS: 33094 and RN103160743; LOCATION: 202 West Crosstimbers, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.48(c), by failing to conduct inventory control at the station; 30 TAC §334.50(b)(1)(A) and (2), and (d)(1)(B)(ii), and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks (USTs) in a manner which would detect a release at a frequency of at least once every month, failing to conduct monthly reconciliation of inventory control records as required in conjunction with automatic tank gauging, and failing to perform a tightness test for pressurized piping at least once per year; 30 TAC §334.8(c)(4)(B) and §334.7(a)(1), and TWC, §26.346(a), by failing to ensure that its UST registration and self-certification form was fully and accurately completed and submitted to the agency in a timely manner; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; 30 TAC §334.10(b), by failing to make records available for a UST inspection; 30 TAC §334.6(b)(2)(A) and (C), by failing to provide written notice at least 30 days prior to initiating a major UST construction activity and failing to confirm the activity with the appropriate regional office within 24 - 72 hours before initiating construction; and 30 TAC §334.22(a), by failing to pay all outstanding UST fees; PENALTY: $24,500; STAFF ATTORNEY: Lindsay Andrus, Litigation Division, MC 175, (512) 239-4761; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Timothy Allen Townley; DOCKET NUMBER: 2004-1738-OSS-E; TCEQ ID NUMBERS: OS0015434 and RN103423273; LOCATION: 1240 Honeybee Street, Vidor, Orange County, Texas; TYPE OF FACILITY: on-site sewage installation business; RULES VIOLATED: 30 TAC §285.32(a)(3) and Texas Health and Safety Code (THSC), §366.004, by failing to install a system with the required slope of 1/8-inch per foot on the sewer pipe from the house stub out to the first tank; and 30 TAC §285.3(d)(6) and THSC, §366.004, by failing to submit a reinspection fee prior to the reinspection of the system; PENALTY: $525; STAFF ATTORNEY: Ann Skowronski, Litigation Division, MC 175, (512) 239-2497; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

TRD-200501884

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 10, 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 June 20, 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 June 20, 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: Allauddin Momin dba 6-M Grocery; DOCKET NUMBER: 2004-1445-PST-E; TCEQ ID NUMBERS: 47979 and RN101183937; LOCATION: 805 East Farm-to-Market Road 1626, Manchaca, Travis 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 underground storage tanks (USTs); PENALTY: $2,100; STAFF ATTORNEY: Ashley Kever, Litigation Division, MC 175, (512) 239-2987; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(2) COMPANY: BP Products North America Inc.; DOCKET NUMBER: 2004-1532-AIR-E; TCEQ ID NUMBER: RN102535077; LOCATION: 2701 5th Avenue South, Texas City, Galveston County, Texas; TYPE OF FACILITY: petroleum refining plant; RULES VIOLATED: 30 TAC §116.115(c), TCEQ Air Permit Number 6488, Special Condition Number 2, and Texas Health and Safety Code (THSC), §382.085(b), by failing to prevent the unauthorized emission of volatile organic compounds exceeding the maximum allowable emission rate; and 30 TAC §101.201(b)(8) and THSC, §382.085(b), by failing to timely submit an administratively complete final emissions event report with the preconstruction authorization number and the authorized emission limits; PENALTY: $8,372; STAFF ATTORNEY: Mary Clair Lyons, Litigation Division, MC 175, (512) 239-6996; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.

(3) COMPANY: Nucor Steel - Texas, A Division of Nucor Corporation; DOCKET NUMBER: 2002-0837-AIR-E; TCEQ ID NUMBER: LG-0006-S; LOCATION: 8812 Highway 79, Jewett, Leon County, Texas; TYPE OF FACILITY: steel mill; RULES VIOLATED: 30 TAC §116.115(c), TCEQ Air Quality Permit Number 2430/PSD-TX-1281, Special Condition Number 1, and THSC, §382.085(b), by exceeding its rate of steel production limits, and the resulting emissions limitations; 30 TAC §116.116(a) and (b) and THSC, §382.085(b), by causing, suffering, allowing, and/or permitting the emissions of nitrogen oxides, sulfur dioxide, and volatile organic compounds from the operating electric arc furnaces where none of these pollutants were included on the Maximum Allowable Emission Rate Table for TCEQ Air Quality Permit Number 2430/PSD-TX-1281; 30 TAC §101.8(c) and THSC, §382.085(b), by failing to submit the required monitoring data; 30 TAC §111.155(1) and THSC, §382.085(b), by causing, suffering, allowing, and/or permitting its emissions to exceed the three-hour average for the net ground level concentration of particulate matter; 30 TAC §111.115(2) and THSC, §382.085(b), by causing, suffering, allowing, and/or permitting its emissions to exceed the one-hour average for the net ground level concentration of particulate matter; 30 TAC §116.115(b)(2)(E) and THSC, §382.085(b), by failing to maintain records in a sufficient manner to verify that natural gas usage associated with the ladle preheaters did not exceed 31,140 standard cubic feet for 8,736 hours annually; 40 Code of Federal Regulations §60.27a(c), by failing to submit semi- annual reports required by the new source performance standards in a timely manner; and 30 TAC §116.115(c), THSC, §382.085(b), and TCEQ Air Quality Permit Number 2430/PSD-TX-1281, Special Condition Number 2, by causing, suffering, allowing, and/or permitting the burning of unauthorized filter material and the resulting release of unauthorized emissions; PENALTY: $327,500; STAFF ATTORNEY: Booker Harrison, Litigation Division, MC 175, (512) 239-4113; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(4) COMPANY: Robert McAdams dba Crossroads Mercantile; DOCKET NUMBER: 2003-1035- PST-E; TCEQ ID NUMBERS: 0029501 and RN102488780; LOCATION: Highway 59 South, Route 1, Box 1530, Henderson 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 continuous financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; and 30 TAC §334.22(a), by failing to pay outstanding UST fees; PENALTY: $4,050; STAFF ATTORNEY: Ann Skowronski, Litigation Division, MC 175, (512) 239-2497; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(5) COMPANY: Sarn Management, Inc. dba Toor Food Mart; DOCKET NUMBER: 2004-1328- PST-E; TCEQ ID NUMBERS: 39771 and RN101432466; LOCATION: 899 North Main Street, Liberty, Liberty County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (d)(4)(A)(ii)(II) and TWC, §26.3475(c)(1), by failing to monitor its USTs for releases at a frequency of at least once every month not to exceed 35 days between each monitoring; PENALTY: $ 1,975; STAFF ATTORNEY: Jeffrey Huhn, Litigation Division, MC 175, (512) 239-5111; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Sayed R. Ali dba Texas Super Stop Market; DOCKET NUMBER: 2004-1325- PST-E; TCEQ ID NUMBERS: 30066 and RN100889708; LOCATION: 4921 North Freeway, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate continuous 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: $3,270; STAFF ATTORNEY: Jeffrey Huhn, Litigation Division, MC 175, (512) 239-5111; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.

(7) COMPANY: Southwest Tire Disposal, L.L.C.; DOCKET NUMBER: 2001-0725-MSW-E; TCEQ ID NUMBERS: 6200001, RN103043956, and RN104002720; LOCATION: 7282 Doniphan, Canutillo, El Paso County, and 1420 North Avenue Y, Lubbock, Lubbock County, Texas; TYPE OF FACILITY: used and scrap tire; RULES VIOLATED: 30 TAC §328.58(b), by failing to properly manifest scrap tires by not including the transporter's driver license number, state of issuance of the license, and the transporter's registration number on the manifests; 30 TAC §328.59(a) and §328.60(a), by failing to obtain a scrap tire storage site registration prior to storing more than 500 used or scrap tires on the ground or 2,000 used or scrap tires in trailers; 30 TAC §328.57(c)(3), by failing to transport used and scrap tires to an authorized site; 30 TAC §328.54(d), by failing to mark scrap tire transportation vehicles with the required transporter identification information; 30 TAC §328.57(d)(1) and (2), by failing to properly record changes to the transporter manifests; and 30 TAC §328.57(c)(1), by failing to register as a transporter prior to transporting used and scrap tires; PENALTY: $12,140; STAFF ATTORNEY: Lindsay Andrus, Litigation Division, MC 175, (512) 239-4761; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949 and Lubbock Regional Office, 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

TRD-200501883

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 10, 2005

TXG340000; The Texas Commission on Environmental Quality (TCEQ) proposes to renew a general permit (Proposed General Permit No. TXG340000) that will authorize the discharge of facility wastewater, contact storm water, and storm water associated with industrial activities from petroleum bulk stations and terminals (SIC 5171) into or adjacent to water in the state. The proposed general permit applies to the entire state of Texas. General permits are authorized by Section 26.040 of the Texas Water Code. No significant degradation of high quality waters is expected and existing uses will be maintained and protected. The Executive Director proposes to require permittees to submit a Notice of Intent to obtain authorization for discharges.

TXG110000; The Texas Commission on Environmental Quality (TCEQ) proposes to renew a general permit (Proposed General Permit No. TXG110000) that will authorize the discharge of facility wastewater, contact storm water, and storm water associated with industrial activities from ready-mixed concrete plants, concrete products plants, and their associated facilities (SIC 3271, 3272, and 3273) into or adjacent to water in the state. The proposed general permit applies to the entire state of Texas. General permits are authorized by Section 26.040 of the Texas Water Code. No significant degradation of high quality waters is expected and existing uses will be maintained and protected. The permit specifies which facilities may be authorized under this general permit and those which must be authorized by individual permit.

GENERAL INFORMATION. The Executive Director has reviewed these actions for consistency with the goals and policies of the Texas Coastal Management Program (CMP) according to Coastal Coordination Council (CCC) regulations, and has determined that these actions are consistent with applicable CMP goals and policies.

A copy of the proposed general permits and fact sheets are available for viewing and copying at the TCEQ Office of the Chief Clerk located at the TCEQ's Austin office, at 12100 Park 35 Circle, Building F. These documents are also available at the TCEQ's sixteen (16) regional offices and on the TCEQ website at http://www.tnrcc.state.tx.us/permitting/waterperm/wwperm/tpdesgen.html.

PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request a public meeting about this proposed general permit. The purpose of a public meeting is to provide the opportunity to submit written or oral comment or to ask questions about the proposed general permit. Generally, the TCEQ will hold a public meeting if the executive director determines that there is a significant degree of public interest in the proposed general permit or if requested by a local legislator. A public meeting is not a contested case hearing.

Written public comments must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 within 30 days from the date this notice is published in the Texas Register.

APPROVAL PROCESS. After the comment period, the Executive Director will consider all the public comments and prepare a response. The response to comments will be mailed to everyone who submitted public comments or who requested to be on a mailing list for this general permit. The general permit will then be set for the Commissioners' consideration at a scheduled Commission meeting.

MAILING LISTS. In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices mailed by the Office of the Chief Clerk. You may request to be added to: (1) the mailing list for this specific general permit; (2) the permanent mailing list for a specific applicant name and permit number; and/or (3) the permanent mailing list for a specific county. Clearly specify which mailing lists to which you wish to be added and send your request to the TCEQ Office of the Chief Clerk at the address above. Unless you otherwise specify, you will be included only on the mailing list for this specific general permit.

INFORMATION. If you need more information about this permit application or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us. Further information may also be obtained by calling Yvonna Pierce of the Water Quality Division (512) 239-6922.

TRD-200501899

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 11, 2005

The following notices were issued during the period of May 4, 2005 through May 9, 2005.

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

CITY OF ALTO has applied for a renewal of TPDES Permit No. 10546-001, 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 4,000 feet southeast of the intersection of State Highway 21 and U.S. Highway 69 in Cherokee County, Texas.

CITY OF BOOKER has applied for a renewal of Permit No. 10814-001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 160,000 gallons per day via irrigation of 157.33 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately one mile northwest of the intersection of State Highway 15 and Farm-to-Market Road 1265 in Lipscomb County, Texas.

VILLAGE OF BRIARCLIFF has applied for a renewal of Permit No. 13639-001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 11,000 gallons per day via subsurface soils absorption on 1.201 acres of drainfields. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 3.8 miles northeast of the intersection of State Highway 71 and Farm-to-Market Road 2322 (Pace Bend Road) and approximately 0.4 mile northeast of the intersection of Farm-to-Market Road 2322 and Cat Hollow Club Drive in Travis County, Texas.

BROWNSVILLE NAVIGATION DISTRICT has applied for a renewal of TPDES Permit No. 14355-001, 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 on the north side of State Highway 48, approximately 0.7 mile east of the intersection of State Highway 48 and Farm-to-Market Road 511 northeast of the City of Brownsville in Cameron County, Texas.

COASTAL BEND YOUTH CITY has applied for a renewal of TPDES Permit No. 11689-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day. The facility is located on the north side of U.S. Highway 77, approximately two miles north of the intersection of Farm-to-Market Road 655 and U.S. Highway 77 in Nueces County, Texas.

THE CITY OF COTULLA has applied for a renewal of TPDES Permit No. 10153-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 990,000 gallons per day. The plant site is located approximately 1.1 miles south of the intersection of State Highway 97 and State Highway 624 and 1.1 miles southeast of the intersection of U.S. Highway-Business 81 and State Highway 97 in La Salle County, Texas.

CITY OF FLOYDADA has applied for a major amendment to Permit No. 10170-001, to authorize the removal of the 30-day average Biochemical Oxygen Demand (5-day) limit. The current permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day via irrigation on 128 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located 0.5 mile south of U.S. highway 70 and approximately 1.5 miles east of Farm-to-Market Road 1958 in Floyd County, Texas.

HYAS CORPORATION has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014571001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 980,000 gallons per day. The facility will be located approximately 550 feet south of Interstate Highway 10 and 2,200 feet east of Igloo Road in Waller County, Texas.

CITY OF LLANO has applied for a renewal of Permit No. 10209-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day via irrigation of 210 acres. The current permit authorizes land application of sewage sludge for beneficial use on 10 acres. The anticipated date of the first application of sludge, subject to the re-issuance of the permit, is May 1, 2005. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located350 feet south of the center line of the Llano River and approximately 1.05 miles north of State Highway 71, and 1.25 miles east of the Llano County Courthouse in Llano County, Texas.

THE PREMCOR REFINING GROUP INC. which operates the Port Arthur Refinery, a petroleum refinery, has applied for a major amendment to TPDES Permit No. WQ0000309000 to authorize an increase in effluent limits due to a two-stage production increase via Outfall 001; an increase in the daily average flow from a volume not to exceed 30,000,000 gallons per day to a daily average flow volume not to exceed 33,000,000 gallons per day via Outfall 001; the addition of the discharge of hydrostatic test water and storm water from construction activities via Outfall 001; a decrease in the monitoring frequency for total chromium from once per day to once per quarter based on good compliance at Outfall 001; the addition of the discharge of hydrostatic test water and storm water from construction activity via Outfalls 004 and 005; add new Outfalls 006, 007 and 008 to discharge hydrostatic test water, storm water and storm water from construction activity on an intermittent and flow variable basis; and the addition of new Outfall 009 to discharge storm water and storm water runoff associated with industrial activities from a concrete batch plant on an intermittent and flow variable basis. The current permit authorizes the discharge of process wastewater, cooling tower blowdown, boiler blowdown, ballast water, domestic wastewater, remediation wastewater and storm water at a daily average flow not to exceed 30,000,000 gallons per day via Outfall 001; and storm water on an intermittent and flow variable basis via Outfalls 004 and 005. The facility is located approximately 0.5 mile north of the Martin Luther King Bridge on State Highway 82, southwest of the City of Port Arthur, Jefferson County, Texas.

CITY OF WICKETT has applied for a renewal of Permit No. 10622-001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 91,000 gallons per day via surface irrigation of 18 acres of non-public access land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal site are located south of the City of Wickett between U.S. Highway 80 and Interstate Highway 20 in Ward County, Texas.

TRD-200501903

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 11, 2005

Notice mailed May 5, 2005.

APPLICATION NO. 5882; Kimberlin PK Trust & Charlotte Jane Parks Trust No 101, 3322 Shorecrest Drive, Suite 200, Dallas, Texas 75235, applicants, seek a Water Use Permit pursuant to Texas Water Code (TWC) 11.121 and Texas Commission on Environmental Quality (TCEQ) Rules 30 Texas Administrative Code (TAC) 295.1, et seq. Applicants seek authorization to maintain an existing dam and reservoir on Loving Creek, tributary of the Brazos River, Brazos River Basin for in-place recreational, flood control, erosion control domestic, and livestock purposes in Palo Pinto County. The reservoir has a capacity of 1,282 acre-feet with a surface area of 68 acres. Station 4+00 on the centerline of the dam is S 50 E, 3,660 feet from the northwest corner of the BBB & CRR Survey, Abstract A-102 in Palo Pinto County, also being at Latitude 32.8731 N, Longitude 98.4016 W. The dam and reservoir are located 18 miles northwest of the City of Palo Pinto and 10 miles southwest of the City of Graford in Palo Pinto County. Ownership of the lands inundated by the dam and reservoir is evidenced by recorded as Deeds: Volume 866, Page 464-470; Volume 215, Page 186; Volume 249, Page 297; Volume 325, Page 425; Volume 635, Page 820; Volume 617, Page 639; Volume 617, Page 636; Volume 617, Page 636, Volume 600, Page 813; Volume 617, Page 734; Volume 802, Page 401; Volume 617, Page 726; Volume 802, Page 399; Volume 169, Page 812; Volume 802, Page 397, Volume 617, Page 643, Volume 802, Page 726; Volume 732, Page 487; Volume 866, Page 464 in the Official Records of Palo Pinto County. Applicants indicate they have a groundwater well that can produce 400 gallons per minute as an alternative water source to offset evaporative loses. The Commission will review the application as submitted by the applicants and may or may not grant the application as requested. The application was received on February 22, 2005. Additional information and fees were received on March 30, April 5, and April 11, 2005. The application was declared administratively complete and was accepted for filing with the Office of the Chief Clerk on April 18, 2005. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

INFORMATION SECTION

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

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

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

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

TRD-200501900

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 11, 2005

Notice is hereby given that the Department of State Health Services (department) ordered DeSoto Surgicare Partners, Ltd. (registrant-R23209-000) of Dallas to cease and desist using the General Electric x-ray unit until the entrance exposure radiation level is within regulatory limits.

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-200501894

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: May 10, 2005

The Department of State Health Services, having duly filed complaints pursuant to 25 Texas Administrative Code, §289.205, has revoked the following certificates of registration: Robert M. Mapula, D.D.S., El Paso, R03425, April 18, 2005; Jeffrey L. Brandon, M.D., El Paso, R07143, April 18, 2005; Stephen A. Laman, D.D.S., Houston, R16169, April 18, 2005; Mason Clinic, Dallas, R21251, April 18, 2005; Acme Bryan Chiropractic, LLC, Beaumont, R22729, April 18, 2005; Accident & Wellness Chiropractic, Dallas, R23243, April 18, 2005; Jeff A. Cohan, D.D.S., PLLC, De Soto, R23592, April 18, 2005; DRTC Chiropractic, Richmond, R23595, April 18, 2005; Clinica Santa Teresa, Houston, R25597, April 18, 2005; Mission Pediatric Center, Mission, R25798, April 18, 2005; Jeffrey L. Little, D.C., Bartonville, R26382, April 18, 2005; TNNT Corporation, Garland, R26557, April 18, 2005; Dekko Global Enterprise, LLC, El Paso, R26893, April 18, 2005; Chiropractic Family Wellness/Health, McKinney, R27165, April 18, 2005; Danny R. Cox, D.V.M., PC, Celina, R27316, April 18, 2005; Cy-Fair Institute, Huntsville, Z01038, April 18, 2005; Appearance Dermatology, PA, Austin, Z01281, April 18, 2005; Laser Comm Inc., Los Angeles, California, Z01417, April 18, 2005.

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-200501904

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: May 11, 2005

Notice is given to the public of an application filed with the Public Utility Commission of Texas on May 6, 2005, for an amendment to the designation as an eligible telecommunications carrier (ETC) pursuant to P.U.C. Substantive Rule §26.418.

Docket Title and Number: Application of Panhandle Telecommunication Systems, Incorporated for an Amendment to the Designation as an Eligible Telecommunications Carrier (ETC) Pursuant to P.U.C. Substantive Rule §26.418. Docket Number 31066.

The Application: The company is requesting to amend its ETC designation to include the exchange of Spearman, in which Valor Telecommunications of Texas, LP is the incumbent provider, and to change the name to PTCI. Panhandle Telecommunications Systems, Incorporated holds Certificate of Operating Authority Number 50016.

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 9, 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 31066.

TRD-200501889

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 10, 2005

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on May 5, 2005, for a certificate of convenience and necessity for a proposed transmission line in Dallas, Johnson, Tarrant, and Ellis Counties, Texas.

Docket Style and Number: Application of TXU Electric Delivery Company for a Certificate of Convenience and Necessity (CCN) for a Proposed Transmission Line in Dallas, Johnson, Tarrant, and Ellis Counties, Texas. Docket Number 31011.

The Application: The project is designated the Venus-Liggett 345 kV Transmission Line Project. TXU Electric Delivery Company stated that the project address two important needs of the transmission grid serving the Dallas-Fort Worth metroplex and surrounding area. The project will strengthen the entire transmission system in the Dallas/Fort Worth Area and will improve reliability. The construction of the proposed transmission line project involves several segments. The estimated cost for the total project is $37,200,000. The estimated date to energize facilities is May 2006.

Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. The deadline for intervention in this proceeding is June 20, 2005. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 31011.

TRD-200501888

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 10, 2005

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on May 5, 2005, for clarification of a service area boundary within Taylor County, Texas.

Docket Style and Number: Application of AEP Texas North Company and Taylor Electric Cooperative, Incorporated for Clarification of Service Area Boundary in Taylor, County. Docket Number 31064.

The Application: AEP Texas North Company (TNC) and Taylor Electric Cooperative, Incorporated (Taylor) have been unable to resolve a disagreement over the exact location of the service area boundary in the Loop 322 and Industrial Boulevard area of Abilene. Development in the area has led to disagreements between TNC and Taylor regarding the specific location of the service area boundary in that area. TNC and Taylor have agreed to jointly file this petition to seek Commission clarification of the exact location of the service area boundary in the Loop 322 and Industrial Boulevard area.

Persons wishing to comment on the action sought or intervene 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. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 31064.

TRD-200501879

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 9, 2005

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 4, 2005, for a service provider certificate of operating authority (SPCOA), pursuant to Public Utility Regulatory Act (PURA) §§54.151 - 54.156. A summary of the application follows.

Docket Title and Number: Application of Northeast Texas Broadband, LLC for a Service Provider Certificate of Operating Authority, Docket Number 31062 before the Public Utility Commission of Texas.

Applicant intends to provide ADSL, HDSL, SDSL, RADSL, VDSL, and T1-Private Line services.

Applicant's requested SPCOA geographic area includes the area served by all incumbent local exchange companies throughout the State of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 25, 2005. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 31062.

TRD-200501839

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 6, 2005

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on March 31, 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 for Expanded Local Calling Service from the El Sauz Exchange to the Exchanges of Rio Grande City and Roma, Project Number 30956.

The petitioners in the El Sauz exchange request ELCS to the exchanges of Rio Grande City and Roma.

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 6, 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 30956.

TRD-200501891

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 10, 2005

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

Airport Sponsor: Randall County. TxDOT CSJ No. 0504RANDL.

Scope: The project is a feasibility study to examine the need for a new airport. Possible future project may include site selection, environmental assessment and airport master plan should it be determined that a new airport is necessary.

The HUB goal is set at 0%. TxDOT Project Manager is Bruce Ehly.

Interested firms shall utilize the Form AVN-551, titled "Aviation Planning Services Proposal." The form may be requested from TxDOT Aviation Division, 125 East 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 www.dot.state.tx.us/avn/avn551.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. To ensure utilization of the latest version of Form 551, firms are encouraged to download Form 551 from the TxDOT website as addressed above. Utilization of Form 551 from a previous download may not be the exact same format. Form 551 is an MS Word Template.

Five unfolded copies of Form AVN-551 must be postmarked by U.S. Mail by midnight June 10, 2005 (CDT). Mailing address: TxDOT, Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. (CDT) on June 13, 2005. Overnight address: TxDOT, Aviation Division, 200 East Riverside Drive, Austin, Texas 78704. Please mark the envelope of the forms to the attention of Sheri Quinlan. Hand delivery must be received by 4:00 p.m. (CDT) on June 13, 2005. Hand delivery address: 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. Electronic facsimiles or forms sent by email will not be accepted.

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

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

TRD-200501808

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: May 5, 2005

Pursuant to the authority granted under Texas Transportation Code, Chapter 361, Subchapter I (the "Enabling Legislation"), the Texas Department of Transportation ("TxDOT") may enter into comprehensive development agreements for the design, construction, financing, maintenance, or operation of turnpike projects on the state highway system. The Enabling Legislation authorizes private involvement in turnpike projects and provides a process for TxDOT to solicit proposals for such projects. Transportation Code, §361.3022 prescribes requirements for a solicited proposal and requires TxDOT to publish a request for qualifications in the Texas Register that includes the criteria that will be used to evaluate the proposals, the relative weight given to the criteria, and a deadline by which the proposals must be received. The Texas Transportation Commission (the "Commission") has promulgated rules located at Title 43, Texas Administrative Code, §§27.1 - 27.5 (the "Rules"), governing the submission and processing of solicited proposals and providing for publication of notice that TxDOT is requesting qualifications for development of a turnpike project with private involvement. The Commission has decided to issue a request for qualifications for the I-635 Managed Lanes Project ("Project") developed by TxDOT.

This notice represents the next step in the process of requesting qualifications to potentially develop, design, construct, finance, and operate the Project, including proposed tolled managed lanes along I-635 from US 75 to I-35E and then south to the I-35E and Loop 12 split in Dallas County, as well as other potential facilities to the extent necessary for connectivity, mobility, safety, and financing. The proposed Project includes managed lanes in two tunnels located underneath the I-635 general purpose lanes. The design solution includes a plan to interconnect these managed lanes to and through the I-35E interchange south to the Loop 12 and I-35E split. TxDOT received two separate Findings of No Significant Impact for the proposed Project on April 29, 2004 and December 12, 2002 from the Federal Highway Administration. On April 28, 2005, in Minute Order 110052, the Commission authorized TxDOT to commence the solicited proposal procurement process for the Project under the Enabling Legislation.

Through this notice, TxDOT is seeking qualifications submittals ("QS") in response to a request for qualifications ("RFQ"). TxDOT intends to evaluate any QS received and may request submission of a detailed proposal, potentially leading to negotiation, award, and execution of a comprehensive development agreement. TxDOT will accept for consideration any QS received in accordance with the Rules within 120 days of the publication of this notice. TxDOT anticipates issuing the RFQ, receiving and analyzing the QSs, developing a shortlist of proposing entities or consortia, and issuing a request for detailed proposals ("RFDP") to the shortlisted entities. After review and a best value evaluation of the responses to the RFDP, TxDOT may negotiate and enter into a comprehensive development agreement for the project.

RFQ Evaluation Criteria . QSs will be evaluated by TxDOT for shortlisting purposes using the following general criteria: relative strength and depth of entity qualifications, personnel qualifications, financial qualifications and legal qualifications; relative strength, feasibility and desirability of the proposed conceptual project development plan; and relative strength, feasibility and desirability of the proposed conceptual project financing plan. The specific criteria under the foregoing categories will be identified in the RFQ, as will the relative weighting of the criteria.

Release of RFQ and Due Date . TxDOT currently anticipates that the RFQ will be available on May 20, 2005. The RFQ will include a conceptual project design. Copies of the RFQ will be available at TxDOT's Dallas District offices located at 4777 E. HWY 80, Mesquite, Texas 75150-6643, or on the following website: http://www.dot.state.tx.us . QSs will be due on September 22, 2005 at the address specified in the RFQ.

TRD-200501908

Joanne Wright

Associate General Counsel

Texas Department of Transportation

Filed: May 11, 2005