Pursuant to the Texas Agriculture Code, §§48.001 - 48.005 and the Texas Administrative Code, Title 4 §§1.800 - 1.804, the Texas Department of Agriculture (TDA) hereby requests proposals for agricultural projects designed to foster an understanding and awareness of agriculture in elementary students for the period of September 1, 2006 through August 31, 2007, from certain Texas urban school districts. A total amount of up to $2,500 may be awarded to an eligible elementary school in a single grant cycle.

Eligibility . Proposals must be submitted by a Texas public elementary school from an urban school district with an enrollment of at least 49,000 students. According to Texas Education Agency's (TEA) 2004-2005 records, the eligible school districts are: Houston Independent School District; Dallas Independent School District; Fort Worth Independent School District; Austin Independent School District; Cypress-Fairbanks Independent School District; Northside Independent School District; El Paso Independent School District; Arlington Independent School District; San Antonio Independent School District; Fort Bend Independent School District; Aldine Independent School District; North East Independent School District; Garland Independent School District; and Plano Independent School District.

If your school district is not listed above and you feel it meets the minimum student enrollment of 49,000, you will need to attach TEA verification of enrollment in addition to your application.

Proposal Requirements. Each proposal may not exceed six pages and must include the following:

1. A cover page with the project title, name of the school district and elementary school, both the principal's and project coordinator's names along with their contact information (school address, email, telephone and fax numbers).

2. A detailed project description including the role of each grade level that will participate in the project.

3. A statement of the educational benefits of the project, including how the project will improve the students' understanding of agriculture.

4. A project budget including a detailed schedule of anticipated costs for the project.

Deadline and Submission Information. Proposals should be submitted to Catherine Wright, Grants Manager, Texas Department of Agriculture, P. O. Box 12847, Austin, Texas 78711. The street address is 1700 North Congress, 11th Floor, Austin, Texas 78701.

Proposals must be received no later than 5:00 p.m. June 15, 2006. One original and seven copies must be submitted. Fax copies will not be accepted.

Please contact Catherine Wright at (512) 463-7700 or by email at Catherine.Wright@agr.state.tx.us with any questions you may have.

Proposal Evaluations. Proposals will be evaluated based on the requirements set forth above by a panel appointed by the Commissioner of the Texas Department of Agriculture. The panel shall review the proposals and make funding recommendations to the Commissioner. The panel shall consist of representatives from the following: the Texas Department of Agriculture, education, livestock industry, specialty crop industry, row crop industry, horticulture industry and the Texas Cooperative Extension.

Approved Projects. The announcement of the grant awards will be made by August 2006. All approved projects will have a start date of September 1, 2006 and must be completed by August 31, 2007. Project Coordinators will be required to submit quarterly progress reports and budget reports. Upon completion of the project, a project summary of the educational results of the project and photographs to document such results will be due within six weeks. All awards will be subject to audit.

Reporting Requirements. Approved projects are required to submit the following reports:

1. Project Progress Reports. These reports are due on a quarterly basis from one to three pages in length detailing accomplishment of project objectives for the time periods specified in the award document.

2. Final compliance project report due either upon completion of the project or thirty (30) days after the termination of the contract. The final report shall be submitted in a hard copy format and an electronic format on a diskette utilizing Word. The final report shall contain:

a. A project summary -history of the project, its objectives, importance, effort, results, and commercial applications of the project;

b. A description of the successes, challenges, and any limitations of the program; and

c. A description of future plans, including how the project will continue after the grant is expended and how additional funding might address expansion efforts.

3. Project Budget Reports. Budget reports are due on a quarterly basis for the time periods specified in the award document that details the grant award spent to date.

4. Final Budget report is due thirty (30) days after the completion of the project or the termination of the contract.

General Compliance Information.

1. All grant awards are subject to the availability of appropriations and authorizations by the Texas Legislature.

2. Any information or documentation submitted to TDA is subject to disclosure under the Texas Public Information Act.

3. Awarded grant projects must remain in full compliance with state and federal laws and regulations or be subject to termination at the discretion of TDA.

4. Upon grant award, TDA and the Texas State Auditor's Office shall have access to and the right to examine all books, accounts, records, files and other papers or property belonging to or in use by the grantee and pertaining to the grant award. Additionally, these records must remain available and accessible no less than three (3) years after the termination of the grant project.

5. In any year in which a financial audit is conducted, a copy must be submitted to both TDA, including the audit transmittal letter, management letter, and any schedules in which the grantee's funds are included.

6. In accordance with Texas Government Code Ann., §783.007, grant awards shall comply in all respects with the Uniform Grant Management Standards (UGMS). Upon grant award, grantees can be provided a copy or it may be downloaded from http://www.governor.state.tx.us/divisions/stategrants/guidel ines/files/UGMS062004.doc.

Texas Public Information Act. All proposals shall be deemed, once submitted, to be the property of the TDA and are subject to the Texas Public Information Act, Texas Government Code, Chapter 552.

TRD-200602247

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: April 19, 2006

Notice of Invitation: The Texas Cancer Council announces the availability of state funds to be awarded to support the goals of the Texas Cancer Plan. The selected program will implement components of three Texas Cancer Plan goals: Goal I--Prevention Information and Services; Goal II--Early Detection and Treatment; and Goal V--Survivorship. Funds will be awarded to the selected applicant (entity or individual) to provide a community-based program to educate Asian Americans about cancer prevention and early detection and to support Asian Americans concerning cancer survivorship. Initial funding will be awarded from September 1, 2006 through August 31, 2007 with a maximum annual funding amount of $100,000. Successful programs may be funded for an additional two years. It is anticipated that two projects will be selected under this initiative to receive Council funding.

Introduction: The Texas Cancer Council is the state agency dedicated to reducing the human and economic impact of cancer on Texans through the promotion and support of collaborative, innovative, and effective programs and policies for cancer prevention and control. The Council’s initiatives are guided by the philosophy that a cooperative and unified effort by public, private, and volunteer sector agencies and individuals increases the ability of limited resources to serve more people and minimizes duplication of effort. All funded programs of the Texas Cancer Council will support implementation of the Texas Cancer Plan. Reaching underserved populations with culturally sensitive programs must be a priority for all funded programs providing community outreach.

Background: While Asian Americans have a relatively low risk of cancer overall, their cancer death rate is climbing faster than that of any other racial group (Asian American Network for Cancer Awareness, Research, and Training (AANCART), 2005). Cancer has been the leading cause of death for female Asian Americans since 1980, even though cardiovascular disease is the leading cause of mortality for all U.S. groups, all ages. Asian American females were the first American demographic group for which cancer is the leading cause of death.

Asian Americans also suffer disproportionately from several forms of cancer: liver cancer is the third highest cancer site and stomach cancer is the fourth highest cancer site, compared to breast and prostate cancers being third and fourth, respectively, in all Americans. Cervical cancer rates in Vietnamese women are five times higher than the rate for Anglo American women. Vietnamese men have the highest rate of liver cancer, which is usually caused by exposure to the Hepatitis B virus, among all racial/ethnic groups and Korean men have the highest rate of stomach cancer of all racial/ethnic groups (NCI, 1996). Further, Asian American women over 40 have the lowest mammogram screening rates in the country (AANCART, 2005) with low Pap smear test and colorectal screening rates, as well (Maxwell, Bastani, Warda, 2000 in Intercultural Cancer Council, 2001).

The Texas Cancer Plan provides a road map for how to begin remedying these cancer disparities for Asian Americans. Goal I, Goal II and Goal V provide objectives, strategies, and action steps to assist cancer program planners in identifying and meeting the cancer needs in Texas that are addressed by this RFP. Successful proposals will identify specific areas of the Texas Cancer Plan that will be addressed by the proposed project.

Purpose: The Texas Cancer Council is seeking to fund a program that will, consistent with the above language from the Texas Cancer Plan, educate Asian Americans in Texas regarding cancer prevention and early detection and support Asian Americans in Texas concerning cancer survivorship. A successful program will:

Offer services that are culturally sensitive by providers that are culturally competent to Asian Americans,

Use existing evidence-based practices, when available,

Include measurable objectives that demonstrate program success,

Work through community coalitions if they exist or, if not, consider developing one,

Work through community systems (i.e. work sites, schools, faith-based groups) when applicable to the project,

Ensure that any new resource that is to be developed does not already exist, and

Conduct program evaluation that demonstrates the effectiveness of the interventions.

Eligibility Requirements: To be considered for funding, a proposal must be submitted by an entity or individual that will serve as the fiscal agent and legal contractor for the project. The lead entity may be a governmental agency, educational institution, a non-profit organization, a for-profit organization, or an individual applicant.

Applicant Qualifications: The applicant will:

Have community support from the Asian-American community(ies) it is targeting,

Be linguistically competent in the languages spoken by its target audience,

Have experience in community outreach,

Have expertise in cancer issues or partner with entities that can provide cancer-specific medical advice,

Have an infrastructure that can accommodate the proposed activities, and

Have experience in evaluating program impact or partner with a program evaluator.

Proposal Requirements: One original proposal and five copies are due at the Council office by 5:00 p.m. on Monday, June 12, 2006. Proposals must be submitted according to the Council’s Proposal Guide utilizing TCC proposal forms. Proposals sent electronically or by facsimile machine will not be accepted. Instructions provide information about disallowable expenses, reimbursement policies, legislative performance measures, and reporting requirements. Proposal forms and instructions, a copy of the Project Guide , and a copy of the Texas Cancer Plan can be obtained by calling (512) 463-3190 or can be found on the web at www.tcc.state.tx.us.

Funding Awards: TCC staff will review proposals for completeness and technical merit. The Council will make final funding decisions on or about August 4, 2006. Written notification of approval will be sent on or about August 7, 2006. All applicants will receive written notification of the Council’s decisions regarding their proposals within two weeks of the Council’s decisions.

The Council’s funding decision will be based on:

applicant’s qualifications to successfully accomplish the program,

reasonableness of budgeted amounts and appropriateness of budget justifications,

evidence of a sound and effective program, and

completeness and clarity of the proposal.

All Council projects are funded via a cost reimbursement basis. Reimbursement may be submitted monthly or quarterly, as preferred by the project.

Council funding is based on the merit of the proposal received and the availability of funding.

The Council has sole discretion and reserves the right to reject any or all proposals received in response to this funding announcement. This announcement does not constitute a commitment by the Council to award a contract or to pay costs incurred in the preparation of a proposal.

Use of funds: Funds may not be used for indirect costs, remodeling of buildings or reduction of deficits from pre-existing operations. Further, funds may not be used to supplant existing funds or services, or to duplicate existing resources or services.

Additional information: For additional information about this funding announcement, contact Jane Osmond, Program Manager, Texas Cancer Council, P.O. Box 12097, Austin, Texas 78711, (512) 438-3060, or e-mail to: josmond@tcc.state.tx.us.

TRD-200602242

Sandra Balderrama

Executive Director

Texas Cancer Council

Filed: April 19, 2006

Notice is given that the following application has been filed with the Credit Union Department and is under consideration:

An application was received from South Texas Credit Union, Kenedy, Texas to expand its field of membership. The proposal would permit employees of Dynasty Enterprises, Inc., who work in or are paid from Kenedy, Texas, to be eligible for membership in the credit union.

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

TRD-200602227

Harold E. Feeney

Commissioner

Credit Union Department

Filed: April 19, 2006

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

Applications to Expand Field of Membership - Approved

PosTel Family Credit Union, Wichita Falls, Texas - See Texas Register issue, dated January 27, 2006.

Texans Credit Union, Richardson, Texas - See Texas Register issue, dated January 27, 2006.

Applications to Amend Articles of Incorporation - Approved

Entex-United Credit Union, Tyler, Texas - See Texas Register issue, dated February 24, 2006.

Articles of Incorporation - 50 Years to Perpetuity - Approved

Texans Credit Union, Richardson, Texas

Wharton County Teachers Credit Union, Wharton, Texas

Midland Municipal Employees Credit Union, Midland, Texas

Corpus Christi SP Credit Union, Corpus Christi, Texas

Tyler City Employees Credit Union, Tyler, Texas

Highway District 9 Credit Union, Waco, Texas

Odessa Employees Credit Union, Odessa, Texas

Orange County Employees Credit Union, Orange, Texas

TexDot-WF Credit Union, Wichita Falls, Texas

Southern Star Credit Union, Houston, Texas

TRD-200602229

Harold E. Feeney

Commissioner

Credit Union Department

Filed: April 19, 2006

This general permit is proposed under the authority found in Texas Water Code (TWC), §26.040. General Permit Number TXG130000 would authorize surface discharges of wastewater into or adjacent to waters in the state from concentrated aquatic animal production facilities, aquatic animal production facilities, and certain facilities engaged in related activities.

Prior to issuing a general permit, the executive director (ED) of the Texas Commission on Environmental Quality (commission or TCEQ) must comply with TWC, §26.040(d) and 30 TAC §205.3(c). Both provisions require the ED to respond to all timely public comments that raise "relevant and material" or "significant" issues. The ED must make these responses publicly available and must file them with the commission's Chief Clerk at least ten days before the TCEQ considers whether to approve the general permit. Accordingly, the ED now files this response to comments (Response) to address concerns raised by the public with regard to a proposed general permit under the Texas Pollutant Discharge Elimination System (TPDES). In certain instances the general permit was revised in response to comments received.

In addition, the ED has made additional changes to the General Permit. These changes are intended to clarify provisions in the General Permit, to refer to other current regulatory requirements, and to provide consistency within the General Permit and with other state and federal regulations. The ED also corrected section numbering errors and made grammatical and stylistic changes.

The Executive Director's Response to Comments

The Office of Chief Clerk received timely letters from the following entities: Texas Parks & Wildlife Department (TPWD), the Texas Aquaculture Association (TAA), and the Texas Agricultural Research and Extension Center, Corpus Christi (TAES-CC). Some of these public comments have prompted changes in the proposed general permit while others have not.

Comment Number 1: The TPWD recommended changing the word "salinity" to "total dissolved solids" in Part II. Section B.1.d. relating to limitations on coverage. TPWD commented that salinity is usually measured in parts per thousand (ppt). The criteria cited is 500 milligrams per liter (mg/L), which is a parts per million (ppm) measurement. A 500 mg/L measurement is more consistent with a total dissolved solids measurement than a salinity measurement, which may indicate a drafting error.

The TAA commented that the maximum salinity difference of 500 mg/L is reasonable for freshwater streams but not applicable to coastal areas where discharges to saltwater are common.

Response Number 1: The TCEQ agrees with TPWD's recommendation and has changed the term "salinity" in Part II. Section B.1.d. to "total dissolved solids." For freshwater water bodies, total dissolved solids is an appropriate surrogate for salinity and was the intended constituent to be associated with the 500 mg/L value. However, upon further investigation and in response to the TAA comment, the TCEQ believes that a separate salinity threshold for estuarine and marine water bodies is warranted. The TCEQ proposes that Part II. Section B.1.d. read in its entirety as follows: "Any aquaculture facility discharging wastewater to a freshwater receiving water can do so under this general permit only if the difference between the discharge's total dissolved solids (TDS) and the freshwater receiving water's TDS is less than 500 mg/L. Any aquaculture facility discharging wastewater to an estuarine or marine receiving water can do so under this general permit only if the difference between the discharge's salinity and the estuarine or marine receiving water's salinity is less than 2 parts per thousand (ppt). If the applicable conditions above are not met, the facility must obtain an individual TPDES permit."

Comment Number 2: TPWD commented that the proposed notice of intent (NOI) should be amended to include information comparable to that required for registrations. The previous mechanism for authorizing aquaculture discharges, 30 TAC Chapter 321, Subchapter O, used an application form that required adequate information to assess whether a given facility was eligible for registration, such as species type(s), production levels, feeding rates for cold water species, and discharge location and volume.

Response Number 2: The NOI specific to this general permit is currently under development and will include the requirements found in 30 TAC §205.4(f) for all general permits, and all information necessary to make a determination regarding eligibility for coverage under this general permit. The information requested in the NOI will include, but is not limited to, species type(s), production levels, feeding rates for cold water species, discharge location, and estimated volume of wastewater in gallons per day as requested by the TPWD.

Comment Number 3: TPWD commented that the language in Part III. Section B.3. of the proposed general permit regarding drugs, medications, and chemicals used in aquaculture operations may be too narrow so that the use of Investigational New Animal Drugs (INADs) and regulation-deferred compounds is prohibited.

TPWD states that if TCEQ does not expressly authorize the use of INADs, it may hamper aquatic animal research and treatment in Texas. TPWD has previously encouraged TCEQ to allow the use of INADs at certain aquaculture facilities, and TCEQ has authorized this usage on a case-by-case basis. TPWD states that, although it may be unusual to allow such case-by-case approvals in a general permit, it would not be cost-effective for either TCEQ or applicants to require individual wastewater discharge permits for otherwise qualifying facilities that seek to use INADs.

TPWD also suggests that the use of regulation-deferred compounds at a facility authorized under the general permit should be reviewed on a case-by-case basis. TPWD also commented that the use of low regulatory compounds at levels specified by the United States Food and Drug Administration (FDA) and used as directed in FDA guidance poses no threat to water quality, and TCEQ should clarify that use of low regulatory compounds is authorized.

The TAA submitted a similar request that INADs be treated the same as drugs and chemicals approved by the United States Environmental Protection Agency (EPA) or FDA.

Response Number 3: The recently published 40 Code of Federal Regulations (CFR) Part 451 entitled "Concentrated Aquatic Animal Production Point Source Category" addresses the use of INADs and sets out a regulatory scheme that must be followed in order to obtain approval of their use. 40 CFR §451.3(a) states that "a permittee subject to this Part must notify the permitting authority of the use in a concentrated aquatic animal production facility subject to this Part of any investigational new animal drug (INAD) or an extralabel drug use where such a use may lead to a discharge of the drug to water of the U.S." 40 CFR §451.3(a)(1) states that a "permittee must provide a written report to the permitting authority of an INAD's impending use within 7 days of agreeing or signing up to participate in an INAD study." 40 CFR §451.3(a)(2) states "For INADs and extralabel drug uses, the permittee must provide an oral report to the permitting authority as soon as possible, preferably in advance of use, but no later than 7 days after initiating use of that drug." 40 CFR §451.3(a)(3) states the permittee must also provide a written report to the permitting authority within 30 days after initiating the use of INADs and extra label drug. 40 CFR §451.3(a) further states that "Reporting is not required for an INAD or extralabel drug use that has been previously approved by FDA for a different species or disease if the INAD or extralabel use is at or below the approved dosage and involves similar conditions of use."

After reviewing the comments of the TWPD and the TAA, the ED has revised the general permit to include the requirements from the newly promulgated 40 CFR Part 451 guidelines for the use of INADs and for the use of low regulatory compounds. Subsequent communication from the TPWD indicates the comment on the use of regulation-deferred compounds is no longer valid. Therefore, no changes will be made to the permit in regard to regulation-deferred compounds.

Part III. Section B.3 now reads in its entirety:

Drugs, Medications and Chemicals.

(a) Drugs, medications and chemicals approved by the United States Environmental Protection Agency (EPA) or the United States Food and Drug Administration (FDA) for aquaculture use may be used in water which will be discharged. Treatment shall be limited to those aquatic species and to those purposes for which approval was granted. Treatment shall be used only as necessary, and only as directed on the product label. The water shall be diluted, held for a specific time, or neutralized prior to discharge as directed on the product label or as necessary to comply with 30 TAC Chapter 307 (relating to Texas Surface Water Quality Standards) or as needed to be below the concentration level used for a long-term static treatment, whichever is the lowest concentration. Records of all drugs, medications, and chemicals utilized for treatment shall be maintained on a monthly basis at the facility and shall be readily available for inspection by authorized representatives of the executive director for at least three years. Records shall include treatment concentrations, discharge volumes and dates, and a product label or Material Safety Data Sheet (MSDS) for each drug, medication, or chemical utilized.

(b) Notification, outlined below, shall be provided to the TCEQ's Stormwater and Pretreatment Team, of the use of any investigational new animal drug (INAD) or any extralabel drug, as defined at 40 CFR 451.3 General Definitions, where such a use may lead to a discharge of the drug. Reporting is not required for an INAD or extralabel drug use that has been previously approved by FDA for a different species or disease if the INAD or extralabel use is at or below the approved dosage and involves similar conditions of use.

(i) The permittee must provide a written report of an INAD's impending use within 7 days of agreeing or signing up to participate in an INAD study. The written report must identify the INAD to be used, method of use, the dosage, and the disease or condition the INAD is intended to treat.

(ii) For INADs and extralabel drug uses, the permittee must provide an oral report as soon as possible, preferably in advance of use, but no later than 7 days after initiating use of that drug. The oral report must identify the drugs used, method of application, and the reason for using that drug.

(iii) For INADs and extralabel drug uses, the permittee must provide a written report within 30 days after initiating use of that drug. The written report must identify the drug used and include: the reason for treatment, date(s) and time(s) of the addition (including duration), method of application; and the amount added.

(c) Notification of the use of compounds that have undergone review by the FDA and have been determined to be drugs of low regulatory priority, shall be provided using the requirements outlined for INADs and extralabel drugs in Part III. Section B.3.(b).

Comment Number 4: TPWD commented that the citations to the TAC in Part III. Section B.4. are incorrect. The TPWD states that "the citations should be corrected as follows: ". . .disease, as defined in 31 TAC §57.111 or §69.77 (should be §69.75) shall. . ." ". . .and shall comply with all the requirements of 31 TAC §57.11 (should be §57.114) or §69.77 as well as . . ."

Response Number 4: The citations have been changed as requested. Part III. Section B.4. now reads as follows: "Any discharger authorized under this general permit engaged in the propagation and/or rearing of shrimp which exhibit one or more manifestations of disease, as defined in 31 TAC §57.111 or §69.75 shall immediately report the observations to the TCEQ's regional office and Wastewater Permitting Section (MC-148), and to the Texas Parks and Wildlife Department (TPWD), and shall comply with all the requirements of 31 TAC §57.114 or §69.77 as well as other actions deemed appropriate by the TPWD. The TPWD shall be notified immediately of the diagnosis. Any actions which are deemed as necessary by the discharger to prevent transmission of the disease to aquatic life endemic to water in the state shall be implemented as soon as possible. The executive director may additionally require cessation of the discharge of effluent from infected portions of the facility as necessary to protect aquatic life in the receiving stream from potential adverse effects."

Comment Number 5: TPWD made the following comments on the need for corrections of the following typographical errors: "Part I.1 and 2. Concentrated aquatic animal production facilities Correct typographical error as follows: 'multiple ponds that are individually owned, managed or leased ponds. . ." (delete "ponds"); "Part II. Section C.1. - Correct typographical error as follows: ' . . .utilize this notices (change "notices" to "notice") as necessary. . .'"; "Part II. Section C.6. - Correct typographical error as follows: '...under this general permit prior (delete "prior" here), or authorization under a separate individual or general permit, prior. . .'"; "Part III Section B.8. - Correct typographical error as follows: 'All discharges from (delete "from") shall comply. . .'"; "Notice of Authorization by General Permit - Correct typographical error as follows: 'A facility that only temporarily holds and do (change "do" to "does") not feed aquatic species.'"

Response Number 5: The errors cited by TPWD have been corrected as requested.

Comment Number 6: TAES-CC cites the high quality of water discharged from their experimental systems, which it alleges is better than that required for coverage under the proposed general permit. TAES-CC requests reconsideration of some of the general permit conditions that must be met in order to operate under the proposed general permit. For instance, the TAES-CC comments that in order to meet the proposed permit levels, the facility must pump the discharge to other ponds for further treatment, rather than release the effluent. However, at the TAES-CC facility, they run the risk of losing valuable data if the culture water is pumped instead of released at the termination of a research study. While TAES-CC indicates that it is planning for the future construction of new ponds to capture the effluent water, the facility would not qualify for coverage under the terms of the current draft general permit in the interim. TAES-CC also stresses that its total volume released is comparatively small and it continually makes efforts to improve effluent water quality.

The TAES-CC requested that a special provision be made to exempt it from meeting the total suspended solids and five-day carbonaceous biochemical oxygen demand (CBOD ₅ ) load limits currently required for coverage under the proposed general permit. To meet the standards, TAES-CC states that it must pump in new water from the adjacent lagoon. Currently, the research facility discharges less then 30 days a year.

Response Number 6: The ED recognizes that the general permit may not be suitable for all aquaculture discharges. Standard effluent limitations (including CBOD ₅ ) in the general permit are based on the size of the anticipated discharge and are applied to all similarly-sized facilities seeking coverage under the general permit. The standard effluent limitations are expected to maintain a 5.0 mg/L dissolved oxygen criterion under worst case default modeling conditions. If effluent limitations under the general permit are too stringent or a facility otherwise does not qualify for coverage under the general permit, a facility may apply for an individual permit. On the opposite end of the spectrum, if site-specific data (hydraulic characterization, historical headwater, and temperature values, etc.) calls for special permit provisions less stringent than those in the general permit, it may be beneficial for an applicant to seek an individual wastewater permit. For these reasons, the ED did not change the general permit as requested by the TAES-CC.

Comment Number 7: The TAES-CC requested that the maximum number of discharge days required by the general permit be increased from 30 to 60 days a year so that effluent may be diluted and the permit limits proposed in the general permit can be met.

The TAA made the same comment. TAA proposed that a shrimp research facility in the coastal zone be allowed to qualify for a general permit even if it discharges more than 30 days a year so long as its maximum daily flow was low. TAA gave the flow rate of 0.5 million gallons per day (MGD) as an example of an acceptable flow rate under their proposal.

Response Number 7: As requested by TAES, the ED has revised the general permit to increase the maximum number of discharge days from 30 to 60 days a year. The general permit's regulatory predecessor, 30 TAC Chapter 321, Subchapter O, requires shrimp research facilities within the coastal zone to discharge less than 30 days per year. The general permit, which supercedes 30 TAC Chapter 321, Subchapter O, includes more restrictive conditions permit conditions while maintaining the maximum flow rate of less than five million gallons per day for shrimp research facilities. Therefore, Part II. Section A.3.(c)(i) has been changed to the following: "discharges less than 60 days per year";

Comment Number 8: TAA comments that it does not see the justification for requiring an individual permit for retail bait dealers solely because the facility is required to obtain an exotic species permit from TPWD.

Response Number 8: After discussion with the TPWD, the provision which excludes retail bait dealers which are required to obtain an exotic species permit from the TPWD, from obtaining coverage under this general permit has been removed. In order to receive authorization from the TPWD to possess an exotic species, the facility must include controls to prevent escape and/or release. Due to this requirement of the TPWD this exclusion was not required. Part II. Section A.1.(a) now reads: "Retail bait dealers"; Part II. Section B.1.(f) which reads, "Retail bait dealers which are required by the Texas Parks and Wildlife Department (TPWD) to obtain an exotic species permit," was also removed from the general permit.

Comment Number 9: TAA states that it appreciates the work that the TCEQ has done regarding the CBOD ₅ limits included in the general permit but still believes that the development of BOD reaction coefficients for aquaculture waste would allow the CBOD ₅ limitations to be modified in such a way that more facilities would be allowed under the general permit. The TAA has seen data that suggests CBOD5 from aquaculture effluent exerts only half as much load on the receiving waters as the same amount of CBOD ₅ from a domestic wastewater treatment plant. TAA acknowledges that additional data is necessary to demonstrate this supposition.

Response Number 9: Model assumptions used in deriving the general permit effluent limitations are based on EPA approved values. TCEQ's conservative default modeling assumptions are expected to maintain a 5.0 mg/L minimum dissolved oxygen concentration in the receiving waters during worst case conditions of low headwater flow and high temperature. Revising model assumptions, such as the BOD reaction coefficients, used in deriving the limitations could result in less protection for waters in the state. While TCEQ agrees that a reduced BOD reaction rate for aquaculture wastewater, as opposed to domestic wastewater, is theoretically likely, a substantial data set quantifying this correlation does not yet exist. The TCEQ will consider this modification in the future as additional data becomes available, and no changes were made to the general permit.

Other Changes to the General Permit

The ED has made additional recommendations for changes to the general permit. These additional changes are intended to provide clarity in regulatory requirements and to provide internal consistency and consistency with other general permits and regulations. The ED has also made grammatical and stylistic changes not noted here.

Change Number 1. The definitions of "Existing facilities" and "New facilities" were removed from the draft permit. These definitions were carried over from 30 TAC Chapter 321, Subchapter O regarding aquaculture registrations. However, these terms are not used in the general permit, thereby necessitating the deletions.

Change Number 2. The definitions for "Operator" and "Owner" have been changed to provide consistency between the general permit and the definitions found in 30 TAC §305.2(24) and (26). These definitions now read as follows:

Operator - The person responsible for the overall operation of a facility.

Owner - The person who owns a facility or part of a facility.

Change Number 3. Part II. Section A.2.(a)(i) and (ii) were modified to provide internal consistency regarding the definition of aquatic animal production facility and the standards for Tier II coverage. This section was also changed to provide consistency with 40 CFR 122, Appendix C. Specifically, the word "or" was deleted in subsection (i) and the word "or" was changed to "and" in subsection (ii) to be consistent with the definition of an "Aquatic animal production facility" as defined by this general permit. Therefore, the referenced subsections are changed accordingly:

(i) discharges less than 30 days per year;

(ii) produces less than 20,000 pounds harvest-weight of aquatic species per year; and

Change Number 4. Part II. Section C.3. was revised to clarify when coverage begins after the submission of an NOI. The following language is added to the end of Part II. Section C.3.: "Authorization under the terms and conditions of this general permit begins when the applicant is issued a written approval of the NOI. Following review of the NOI, the Executive Director shall either confirm coverage by providing a notification and an authorization number to the applicant or notify the applicant that coverage under this general permit is denied."

Change Number 5. Part II. Section C.4. was revised to clarify that a change in a permittee's charter number as registered with the Texas Secretary of State (SOS) is considered a change in ownership for regulatory purposes under this general permit. If a permittee's charter number changes, there shall be no lapse in coverage if a Notice of Termination (NOT) and NOI are submitted as required by this permit. This change is made to address the differences between the databases managed by the commission and the SOS. The following language is added to the end of Part II. Section C.4.: "Coverage under this general permit is not transferable. If the owner or operator of the regulated entity changes, the present owner must submit a Notice of Termination (NOT) and the new owner must submit a NOI. The NOT and NOI must be submitted concurrently no fewer than 10 days before the transfer occurs. Any change in a permittee's Charter Number, as registered with the Texas Secretary of State, is considered a change in ownership of the company and would require the new operator to apply for permit coverage as stated above. If the NOT and NOI are submitted as required under this provision, there will be no lapse in authorization for this facility."

Change Number 6. Part II. Section D. Termination of Coverage, was revised to provide clarity to the permittee of conditions that trigger the need for the permittee to file an NOT. This language is also included in all other general permits issued by the commission. This section now reads in its entirety: "A permittee shall terminate coverage under this general permit through the submittal of a Notice of Termination (NOT), on a form approved by the executive director, when the owner or operator of the facility changes, the discharge becomes authorized under an individual permit, the use of the property changes and is no longer subject to regulation under this general permit, or the discharge becomes unnecessary, is delayed, or is completed. Authorization to discharge terminates at midnight on the day that an NOT is postmarked for delivery to the TCEQ."

Change Number 7. Part II. Section F.1. was revised to add clarity to the general permit by citing 30 TAC §205.5(d). Section 205.5(d) sets out the current requirements under which a general permit may be amended, revoked, or cancelled. This language is also included in other general permits issued by the commission. Part II. Section F.1. now reads in its entirety: "This general permit is effective from the date of issuance for a term of five years, unless otherwise amended, revoked, or cancelled by the commission prior to that date. Authorizations for discharge under the provisions of this general permit may be issued until the expiration date of the permit. This general permit may be amended, revoked, or cancelled by the commission after notice and comment as provided by 30 TAC §§205.3 and 205.5."

Change Number 8. Part II. Section F.4. was revised to include the citation which requires a permittee to obtain coverage under an individual permit if the general permit is not renewed at least 90 days before expiration. This refers to the regulatory requirements found in 30 TAC §205.5(d). The section now reads, in its entirety: "According to 30 TAC §205.5(d) (relating to Permit Duration, Amendment, and Renewal), if the commission has made a determination that the general permit will not be renewed at least 90 days before the expiration date, permittees authorized under this general permit shall submit an application for an individual permit before the expiration date. If the application for an individual permit is submitted before the general permit expiration date, authorization under this expiring general permit remains in effect until the issuance or denial of an individual permit."

Change Number 9. Part III. Section D.2.(i)(i) and (ii) were revised to provide clarification on the size of evaporation ponds used for disposal of wastewater through evaporation. This numbering of this section was corrected. Part III. Section D.2.(i)(i) and (ii) now read in their entirety:

(i) Level II facilities authorized under Part II. Section A.2.(c) which dispose of wastewater by evaporation ponds shall meet the following criteria:

(i) Evaporation ponds shall be sized to prohibit overflow. Evaporation ponds shall be sized using:

(1) The year with the lowest net evaporation (for a minimum period of record of 25 years) or other appropriate data (i.e. worst precipitation and worst pan/lake evaporation). The calculation should include the volume of effluent routed to the evaporation pond on a monthly basis for an entire year.

(2) The average net evaporation (for the entire period of record) or other appropriate data (i.e. average precipitation and average pan/lake evaporation). When two consecutive average years are reviewed, there should be no accumulation of water in the evaporation system. The calculation should include the volume of effluent routed to the evaporation pond on a monthly basis for an entire year.

(ii) Evaporation pond shall be operated to maintain a minimum freeboard of two feet.

(iii) There shall be no discharge of wastewater to surface water in the state.

Change Number 10. Part V.9. was revised to clarify that 30 TAC §205.4 governs the suspension and revocation of an authorization under the general permit. The section now reads in its entirety: "Authorization under this general permit may be suspended or revoked for the reasons stated in 30 TAC §205.4 (relating to Authorizations and Notices of Intent). The filing of a notification by the discharger of planned changes or anticipated noncompliance, does not stay any permit condition."

TRD-200602217

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: April 18, 2006

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 TAC Chapter 101, General Air Quality Rules, under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Chapter 2001, Subchapter B; and 40 Code of Federal Regulations §51.102, of the United States Environmental Protection Agency (EPA) regulations concerning state implementation plans (SIPs). The repealed, new, and amended sections will be submitted to the EPA as revisions to the Texas SIP.

The proposed rulemaking would address deficiencies in the commission's Discrete Emission Reduction Credit Program as identified by the EPA in the October 5, 2005, edition of the Federal Register (70 FR 58154). The proposed rules would also implement revisions to Texas Health and Safety Code, §382.0172(c), as required by Senate Bill 784, 79th Legislature, 2005, which allow greater flexibility in the generation of credits for emission reductions outside the United States.

A public hearing on this proposal will be held in Austin on May 22, 2006, at 2:00 p.m. in Building B, Room 201A, at the Texas Commission on Environmental Quality complex located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, a staff member will be available to discuss the proposal 30 minutes before the hearing.

Persons planning to attend the hearing who have special communication or other accommodation needs, should contact Lola Brown, Office of Legal Services at (512) 239-0348. Requests should be made as far in advance as possible.

Comments may be submitted to Lola Brown, MC 205, Texas Register Team, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Project Number 2005-054-101-PR. Comments must be received by 5:00 p.m., May 30, 2006. Copies of the proposed rules can be obtained from the commission's Web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information, please contact Beecher Cameron, Air Permits Division, at (512) 239-1495 or Steve Sun, Air Permits Division, at (512) 239-3554.

TRD-200602146

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: April 13, 2006

The following notices were issued during the period of April 5, 2006 through April 17, 2006.

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.

CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1 has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014461001 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 1,400 feet east of Farm-to-Market Road 1405 and approximately 2,200 feet north of the intersection of Farm-to-Market Road 1405 and McKinney Street in Chambers County, Texas.

CHAMPION TECHNOLOGIES, INC. which operates an organic chemical manufacturing plant, has applied for a renewal of TPDES Permit No. WQ0004306000, which authorizes the discharge of cooling tower blowdown, storm water, and previously monitored effluent (PME) at a daily average dry weather flow not to exceed 0.0044 million gallons per day via Outfall 001; boiler blowdown on an intermittent and flow variable basis via internal Outfall 101. The facility is located 3130 Farm-to-Market Road 521, approximately 2.25 miles north of the intersection of Farm-to- Market Road 521 and State Highway 6, in the City of Fresno, Fort Bend County, Texas.

CHAPEL HILL INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. 13821-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 32,000 gallons per day. The facility is located approximately 1,300 feet east of the intersection of Farm-to-Market Road 1735 and County Road SE-18 in Titus County, Texas.

DELTA COUNTY MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 10744-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 40,000 gallons per day. The facility is located approximately 0.5 mile west and 0.3 mile south of the intersection of Farm-to-Market Road 64 and Farm-to-Market Road 128 and immediately west of South Third Street in Delta County, Texas.

CITY OF EDGEWOOD has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014648001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. Authorization to discharge was previously permitted by expired permit no. 10560-001. The facility is located approximately 6,000 feet north of the intersection of Farm-to-Market Road 859 and U. S. Highway 80 and 2,200 feet east of Farm-to-Market Road 859 in Van Zandt County, Texas.

HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 89 has applied for a major amendment to TPDES Permit No. WQ0012939001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 250,000 gallons per day to a daily average flow not to exceed 950,000 gallons per day. The facility is located north of Fellows Road, approximately 3,600 feet west of the intersection of Fellows Road and Farm- to-Market Road 518 (Cullen Boulevard) in Harris County, Texas.

JASPER COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO.1 has applied for a renewal of TPDES Permit No. 10808-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 410,000 gallons per day. The facility is located approximately 2,000 feet due south of the intersection of U.S. Highway 96 and State Highway 62 in Jasper County, Texas.

JOLLY TRUCK WASH, LLC which operates the Jolly Truck Wash, has applied for a renewal of Permit No. WQ0004150000, which authorizes the disposal of truck wash water and treated domestic wastewater by irrigation of 3.2 acres at a daily average flow not to exceed 12,000 gallons per day. This permit will not authorize a discharge of pollutants into water in the State. The facility and land application site are located at the southeast corner of U.S. Highway 82-287 and Farm-to- Market Road 2393 in the community of Jolly, Clay County, Texas. The facility and land application site are located in the drainage area of Bennett Creek, in Segment No. 0211 of the Red River Basin.

KAUFMAN COUNTY FWSD NO. 1A has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to TPDES Permit No. WQ0013910001 to authorize an additional treatment site and outfall and authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 700,000 gallons per day to a daily average flow not to exceed 995,000 gallons per day combined total from Outfalls 001 and 002. The current permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 700,000 gallons per day at the permitted site and outfall (Site B and Outfall 002). The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 350,000 gallons per day from the existing site and outfall and a daily average flow not to exceed 600,000 gallons per day from the proposed site and outfall (Site A, Outfall 001). The facility at Site A is located approximately 600 feet north of U.S. Highway 80, approximately two miles east of the City of Forney in Kaufman County, Texas (Site A, Outfall 001). The facility at Site B will be located 1,500 feet southeast of an unimproved road (Helms Road), 3,400 feet west of Big Brushy Creek and 3,800 feet south of the east bound lanes of U.S. Highway 80 in Kaufman County, Texas (Site B, Outfall 002).

KELLER'S CREAMERY, LP which operates a milk processing plant, has applied for a renewal of Permit No. WQ0003390000, which authorizes the disposal of process wastewater and boiler blowdown on 128 acres of coastal bermuda and rye grass at an application rate not to exceed 2.2 acre-feet per acre irrigated per year (acre-feet/acre/year) and on 3.0 acres of landscaping in the vicinity of the wastewater treatment plant at an application rate not to exceed 2.0 acre-feet/acre/year; and sludge from the sequencing batch reactors on the 128 acres of irrigation tracts at an application rate not exceed 2.4 dry tons per acre applied per year. This permit will not authorize a discharge of pollutants into water in the State. The facility and disposal sites are located at 1015 East Broadway on the north side of State Highway 11, approximately 2,400 feet east of the intersection of State Highway 37 and State Highway 11 near the City of Winnsboro, Wood County, Texas.

KEESHAN & BOST CHEMICAL CO., INC. which operates a facility that manufactures organic acetate esters and alcohols, has applied for a renewal of TPDES Permit No.WQ0002068000, which authorizes the discharge of process wastewater commingled with utility wastewaters and storm water runoff at a daily average flow not to exceed 33,000 gallons per day via Outfall 001, and storm water runoff on an intermittent and flow variable basis via Outfall 002. The facility is located at 22102 State Highway 6, on the south side of State Highway 6, approximately two miles east of the City of Manvel, Brazoria County, Texas.

CITY OF KYLE AND AQUA OPERATIONS, INC. has applied for a renewal of TPDES Permit No. 11041-002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,500,000 gallons per day. The facility is located approximately 2.7 miles northwest of the intersection of State Route 21 and Farm-to-Market Road 2720 in Hays County, Texas.

LAZY NINE MUNICIPAL UTILITY DISTRICT AND FOREST CITY SWEETWATER LIMITED PARTNERSHIP have applied for a new permit, Proposed Permit No. WQ0014629001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 700,000 gallons per day via surface irrigation of 285 acres of non-public access rangeland. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility will be located approximately 6.2 miles west of the Village of Bee Cave near State Highway 71 in Travis County, Texas. The disposal site will be located on the south side of State Highway 71, approximately 3 miles west of the Village of Bee Cave in Travis County, Texas.

LOWER COLORADO RIVER AUTHORITY AND BRAZOS RIVER AUTHORITY has applied to the Texas Commission on Environmental Quality (TCEQ) for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit to authorize a change in disinfection method from chlorination to ultraviolet light. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,200,000 gallons per day. The facility is located approximately 9,150 feet southeast of the intersection of U.S. Highway 183 and State Highway 29, and approximately 4,000 feet north of the South Fork San Gabriel River in Williamson County, Texas.

CITY OF MOUNT ENTERPRISE has applied for a renewal of TPDES Permit No. 14283-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day. The facility is located north of County Road 3207, 0.5 mile west of the intersection of U.S. Highway 259 and County Road 3207 in Rusk County, Texas.

CITY OF NAZARETH has applied for a renewal of Permit No. 10979-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 5,000 gallons per day via evaporation and surface irrigation of 47 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 2,400 feet north and 3,200 feet west of the intersection of State Highway 86 and Farm-to-Market Road 168, west of the City of Nazareth, in Castro County, Texas.

CITY OF NOCONA has applied for a renewal of TPDES Permit No. 10355-003, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 224,000 gallons per day. The facility is located 0.3 mile east of State Highway 175 (Montague Street); approximately 0.7 mile south of the intersection of U.S. Highway 82 and State Highway 175 in the City of Nocona in Montague County, Texas.

RHODIA INC which operates an inorganic chemicals plant which produces sulfuric acid, operates a liquid sulfur dioxide terminal, and from a hazardous waste incinerator, has applied for a major amendment to TPDES Permit No. WQ0000542000 to increase the effluent limitations for total manganese and total thallium at internal Outfall 101 (this action is required to correct a typographical error in the current permit). The current permit authorizes the discharge of treated process wastewater, treated incinerator wastewater, utility wastewater, and contaminated storm water runoff at a daily average flow not to exceed 1,400,000 gallons per day via Outfall 001. The facility is located at 8615 Manchester Street, approximately one-half mile west of the intersection of Manchester Street and Interstate Loop 610, in the City of Houston, Harris County, Texas.

RIVERCREST INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. 11204-001, 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 adjacent to and west of U.S. Highway 271, approximately 5-1/2 miles northwest of the City of Talco in Red River County, Texas.

CITY OF ROYSE CITY has applied for a renewal of TCEQ Permit No. 10366-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility is located approximately one mile south of the intersection of Interstate Highway 30 and FarmtoMarket Road 35 in Rockwall County, Texas.

SOUTH CENTRAL WATER COMPANY has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014667001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. The facility is located 6,700 feet southwest of the intersection of Lower Seguin Road and Farm- to-Market Road 1518 in Bexar County, Texas.

TENASKA GATEWAY PARTNERS, LTD which operates the Tenaska Gateway Generation Station, a combined cycle electric power generation plant, has applied for a renewal of TPDES Permit No. 04111, which authorizes the discharge of cooling tower blowdown and previously monitored effluents (i.e., demineralizer wastewater, neutralized wastewater, boiler blowdown, and storm water) at a daily average flow not to exceed 1,500,000 gallons per day via Outfall 001. The facility is located adjacent to State Highway 315, approximately 0.5 miles southwest of the intersection of State Highway 315 and State Highway 840, and approximately 7.5 miles northeast of the City of Mount Enterprise, Rusk County, Texas.

DEIFILIA AUREA JIMINEZ TIDWELL AND DORMAN WAYNE TIDWELL who operate a vehicle exterior washing facility, have applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of Permit No. WQ0003054000, which authorizes the disposal of wastewater from exterior washing of trucks, tailers, and other vehicles at a daily average flow not to exceed 650 gallons per day via evaporation. This permit will not authorize a discharge of pollutants into water in the State. The facility and evaporation ponds are located at the northwest intersection of Interstate Highway 20 and County Road 3111, at the Joy Wright Exit, approximately two miles southwest of the City of Liberty City, Smith County, Texas. The facility and evaporation ponds are located in the drainage area of Belle Creek in Segment No. 0505 of the Sabine River Basin.

TRINITY INDUSTRIES, INC. has applied for a renewal of TPDES Permit No. 14249-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 8,750 gallons per day. The facility is located approximately 1,900 feet southeast of the intersection of U.S. Highway 80 and County Road 3438 in Harrison County, Texas.

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

NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 20 has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit to authorize a reduction of the Final phase flow. The application requests to reduce the Final phase flow to an annual average flow not to exceed 1,700,000 gallons per day and to add a Interim phase with an annual average flow not to exceed 1,500,000 gallons per day. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,100,000 gallons per day. The facility is located approximately 6,500 feet north and 8,700 feet east of the intersection of Farm-to-Market Road 1960 and Stuebner Airline Road, approximately 2 1/4 miles northeast of the same intersection in Harris County, Texas.

Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 10 DAYS OF THE ISSUED DATE OF THIS NOTICE

CITY OF WINTERS has applied for a minor amendment to the TCEQ permit to omit Special Provisions No. 10 on Page 23 and No. 16 on Page 24 since the provisions are not applicable. The existing permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 530,000 gallons per day via surface irrigation of 282 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 5,600 feet east and 2,900 feet south of the intersection of State Highway 153 and U.S. Highway 83, southeast of the City of Winters in Runnels County, Texas.

TRD-200602236

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 19, 2006

Notices issued April 17 and April 18, 2006:

APPLICATION NO. 5914; TXU Mining Company LP (TXU or Applicant), 1601 Bryan Street, Dallas, Texas 75201-3411 has applied for a Water Use Permit to maintain two existing reservoirs on Smith Creek for domestic and livestock purposes and to divert and use not to exceed 135 acre-feet of water per year from the reservoirs and from tributaries of Smith Creek, Cypress Basin, for industrial (mining) purposes in the Monticello Lignite Mining Area in Titus County. On March 24, 2006, Applicant requested to modify the original application to remove one diversion point and to authorize diversion and use of water from the two reservoirs. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 14-1318C; San Angelo Water Supply Corporation , P.O. Box 1928, San Angelo, Texas 76902 (applicant), has requested a revision to their application for an amendment to Certificate of Adjudication No. 14-1318 to modify Special Condition 5C of the original Certificate, relating to passage of certain flows, in the Colorado River Basin, Tom Green County. The Commission will review the revised application as submitted by the applicant and may or may not grant the application as requested. The Commission may make other modifications to Special Condition 5C or eliminate Special Condition 5C altogether. 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.

APPLICATION NO. 14-1190C; The Upper Colorado River Authority, applicant, 512 Orient Street, San Angelo, Texas 76903, has applied for an amendment to a Certificate of Adjudication to use the bed and banks of the North Concho River and the Concho River, Colorado River Basin, in Tom Green and Concho Counties to deliver water to the City of Paint Rock for municipal use based on a Water Sales Agreement. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by May 19, 2006.

INFORMATION SECTION

To view the complete issued notices, view the notices on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at 512- 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.

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. Si desea información en Español, puede llamar al 1-800-687-4040.

TRD-200602235

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 19, 2006

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 May 29, 2006. 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 May 29, 2006. 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: Brownsville Independent School District; DOCKET NUMBER: 2005-1153-PST-E; IDENTIFIER: Regulated Entity Reference Number (RN) RN101646370; LOCATION: Brownsville, Cameron County, Texas; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §334.7(d)(3), by failing to amend, update, or change information on the underground storage tank (UST) registration form; 30 TAC §334.10(b), by failing to have the required UST records maintained, readily accessible, and available for inspection; and 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,612; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(2) COMPANY: Paul Leggett dba Country Lake Water Supply and Steve Boone dba Country Lake Water Supply; DOCKET NUMBER: 2005-0657-PWS-E; IDENTIFIER: RN103196879; LOCATION: Carthage, Panola County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(iii) and (F), and (3)(A)(ii), and THSC, §341.033(d), by failing to collect and submit routine monthly water samples, by failing to collect and submit five routine samples as required for bacteriological analysis, and by failing to collect and submit repeat samples for bacteriological analysis; PENALTY: $1,980; ENFORCEMENT COORDINATOR: Mac Vilas, (512) 239-2557; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(3) COMPANY: CP Red Oak Partners, Limited dba Red Oaks; DOCKET NUMBER: 2005-1733-EAQ-E; IDENTIFIER: RN104445523; LOCATION: Cedar Park, Williamson County, Texas; TYPE OF FACILITY: subdivision; RULE VIOLATED: 30 TAC §213.21(d), by failing to receive approval of an Edwards Aquifer Contributing Zone Plan prior to commencing construction; PENALTY: $26,400; ENFORCEMENT COORDINATOR: Dana Shuler, (512) 239-2505; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(4) COMPANY: H.E. Butt Grocery Company; DOCKET NUMBER: 2005-1688-AIR-E; IDENTIFIER: RN104163308; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(b), by failing to prevent a nuisance caused by odors released from the treatment plant; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(5) COMPANY: Jasper Oil Company; DOCKET NUMBER: 2006-0025-OSS-E; IDENTIFIER: RN101735165; LOCATION: Hillister, Tyler County, Texas; TYPE OF FACILITY: store; RULE VIOLATED: 30 TAC §285.32(a)(2), by failing to have a watertight pipe from the sewer stub out to the treatment system; and 30 TAC §385.33(d)(2)(E), by failing to provide the required minimum surface application area for the volume of wastewater being disposed; PENALTY: $840; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(6) COMPANY: K-Yoba, Inc. dba Jedco 21; DOCKET NUMBER: 2006-0053-PST-E; IDENTIFIER: RN101738979; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2)(A)(i)(III) and (d)(1)(B)(ii) and the Code, §26.3475(a) and (c)(1), by failing to conduct release detection for the piping associated with the UST system, by failing to test the line leak detectors, and by failing to conduct reconciliation of detailed inventory control records; 30 TAC §334.10(b), by failing to maintain UST records and make immediately available for inspection; 30 TAC §334.7(d)(3), by failing to notify the commission of any change or addition to the UST system; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point in the immediate area of the fill tube; and 30 TAC §334.45(c)(3)(A), by failing to install a functioning UL-listed emergency shutoff valve; PENALTY: $4,480; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(7) COMPANY: NNS Enterprises, Inc. dba EZ Mart; DOCKET NUMBER: 2006-0097-PST-E; IDENTIFIER: RN102349743; LOCATION: Portland, Nueces County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(a)(1)(A), (b)(2)(A)(i)(III), (d)(1)(B)(ii), and the Code, §26.3475(a) and (c)(1), by failing to provide a method of release detection capable of detecting a release, by failing to perform a piping tightness test for the pressurized line, by failing to test line leak detectors, and by failing to reconcile inventory control records on a monthly basis; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(8) COMPANY: Maxine McMurry dba Primrose Mobile Home Park; DOCKET NUMBER: 2006-0049-PWS-E; IDENTIFIER: RN101228005; LOCATION: Crowley, Tarrant County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.42(l), by failing to compile and maintain a facility operations manual for operator review and reference; 30 TAC §290.46(f) and (m)(1), by failing to maintain water works operation and maintenance records and by failing to ensure the three 315-gallon pressure tanks are inspected annually; 30 TAC §290.121(a), by failing to maintain an up-to-date chemical and microbiological monitoring plan; and 30 TAC §290.45(b)(1)(A)(i) and (ii) and THSC, §341.0315(c), by failing to provide a minimum well production capacity of at least 1-1/2 gallons per minute per connection and by failing to provide a pressure tank capacity of at least 50 gallons per connection; PENALTY: $336; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200602214

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: April 18, 2006

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

Application for incorporation in Texas of HIGGINBOTHAM SINGLE SOURCE ADMINISTRATORS, INC. (using the assumed name of HIGGINBOTHAM SINGLE SOURCE ADMINISTRATION), a domestic third party administrator. The home office is FORT WORTH, TEXAS.

Application for admission to Texas of EDS ADMINISTRATIVE SERVICES, LLC a foreign third party administrator. The home office is WILMINGTON, DELAWARE.

Application for incorporation in Texas of RISK ADMINISTRATION RESOURCES, LTD, a domestic third party administrator. The home office is ADDISON, TEXAS.

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

TRD-200602246

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: April 19, 2006

Notice is given to the public of an application filed on April 12, 2006, with the Public Utility Commission of Texas, for an amendment to a certificated service area boundary in Bexar County, Texas.

Docket Style and Number: Application of AT&T Texas to Amend Certificate of Convenience and Necessity to Modify the Service Area Boundaries of Elm Creek Zone of the San Antonio Metropolitan Exchange (AT&T) and the Bulverde Exchange (GVTC). Docket Number 32614.

The Application: The minor boundary amendment is being filed to realign the boundary between AT&T's Elm Creek Zone of the San Antonio metropolitan exchange and the Bulverde exchange of Guadalupe Valley Telephone Cooperative, Inc. (GVTC) to allow AT&T Texas to provide local exchange telephone service to a new planned development (JW Marriott Hotel and Resort) located north of San Antonio. GVTC has provided a letter of concurrence endorsing this proposed change.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by May 5, 2006, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) at 1-800-735-2989. All comments should reference Docket Number 32614.

TRD-200602167

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 14, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 11, 2006, for a certificate of operating authority (COA), pursuant to §§54.101 - 54.105 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Sugar Land Telephone Company for a Certificate of Operating Authority, Docket Number 32606 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, and wireline competitive local exchange services.

Applicant's requested COA geographic area includes the entire State of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 3, 2006. 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 32606.

TRD-200602220

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 18, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition for rulemaking filed on April 14, 2006.

Docket Style and Number: Petition of Chaparral Steel Co., Structural Metals, Inc. and Nucor Steel-Texas for Adoption of a Rule to Implement a Tiered Frequency Response Service; Project Number 32615.

The Petition: Chaparral Steel Company, Structural Metals, Inc. and Nucor Steel-Texas (collectively, the Steel Mills) petitioned the commission to adopt a rule to implement a tiered frequency response service. Steel Mills stated that if the rule is adopted it will ensure implementation of a new reliability service of substantial benefit to the ERCOT system. Steel Mills explained that its proposed Tiered Frequency Response (TFR) rule is designed to provide ERCOT with the program elements for, and the necessary directives to implement, a one year pilot program establishing a new reliability service within the ERCOT region to be entitled Tiered Frequency Response Service. Steel Mills noted that during the pilot period, the worth and efficacy of the new service can be evaluated, with the goal of maximizing its value to the ERCOT system and to consumers. Steel Mills explained that the major purpose of the rule is to recapture the reliability, reserve margin and energy conservation benefits associated with loads equipped, prior to market deregulation, with continuously operating under-frequency relays (UFR), that do not wish to or cannot presently participate effectively as a Load acting as a Resource (LaaR) in the provision of Responsive Reserve Service.

Pursuant to Administrative Procedure Act §2001.021, the commission shall either deny the petition in writing, stating its reasons for denial, or initiate a rulemaking proceeding not later than the 60th day after the date the petition is filed.

Comments on the petition may be filed no later than Friday, May 19, 2006. Sixteen copies shall be delivered to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. All comments should reference Project Number 32615. Persons wishing to contact the Public Utility Commission of Texas by phone can call (512) 936-7120 or (toll free) 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.

TRD-200602223

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 18, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas of a petition on April 11, 2006, for waiver of denial by the North American Numbering Plan Administration (NANPA) Pooling Administrator (PA) of 1stel, Inc.'s (1stel) request for a 1,000 number block for Cleburne, Texas.

Docket Title and Number: Petition of 1stel, Inc. for 1,000 Block of Numbers--Cleburne, Texas. Docket Number 32605.

The Application: 1stel requested a 1,000 number block for Cleburne, Texas. 1stel is opening a new switch in the area and needs a local routing number.

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 2, 2006. 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 32605.

TRD-200602147

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 13, 2006

The Public Utility Commission of Texas (commission) will hold a workshop regarding a review and evaluation of Distance Learning Discounts and Private Network Services for Certain Entities pursuant to PURA §56.032, on Wednesday, June 28, 2006 at 9:30 a.m. in Hearing Room Gee, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 31925, Commission Review and Evaluation of Distance Learning Discounts and Private Network Services for Certain Entities , has been established for this proceeding.

Prior to the workshop, the commission requests that interested persons file comments to and be prepared to discuss the following questions:

I. Existing Funding Mechanisms

1. What private network services and discounts are available today to the entities identified in Chapter 57 - Subchapter B, Chapter 58 - Subchapter G and Chapter 59 - Subchapter D? In providing your response, please identify:

a. private network services and discounts available at the state level, the price of each service and/or amount of each discount, and the corresponding entity or entities eligible to receive the service and/or discount; and

b. private network services and discounts available at the federal level, the price of each service and/or amount of each discount, and the corresponding entity or entities eligible to receive the service and/or discount;

c. how are each of the private network services and discounts funded today? (In providing your response, please identify both state and federal funding sources);

d. if you are a telecommunications provider, please provide an annual total per year for 1998 through 2005 of:

i. the number of entities that purchased private network services and/or received discounts; and

ii. the number of services and dollar amount of discounts that were received; and

e. if you are an entity receiving private network services and/or discounts, please provide an annual total per year for 1998 through 2005 of:

i. the private networks services and dollar amount of discounts that were received; and

ii. the number of services and dollar amount of discounts required on a forward-going basis.

II. Future Funding Mechanisms

2. On a forward-going basis, how should the private network services and discounts identified in response to Question No. 1 above be funded? In providing your response, please also provide information regarding:

a. a detailed description of your proposed funding mechanism, the entities that would receive support amounts and how the support amounts would be calculated;

b. alternative sources of funding (e.g., federal E-rate) that could be used to support these services and discounts;

c. the amount needed to support the funding mechanism;

d. the cost of the funding mechanism to telecommunications utilities;

e. how the cost of the funding mechanism could be estimated; and

f. the benefit of establishing the funding mechanism.

3. How would the funding mechanism discussed in response to Question No. 2 above result in support being made available to all telecommunications utilities on a nondiscriminatory and technology-neutral basis in exchange for providing services at rates comparable to those preferred rates being paid by the entities identified under Chapter 57 - Subchapter B, Chapter 58 - Subchapter G and Chapter 59 - Subchapter D?

Responses may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326 by Wednesday, May 31, 2006. Reply comments may be submitted by June 14, 2006. All responses should reference Project Number 31925. The commission requests that responses be limited to 20 pages (including attachments). The commission requests that parties identify the question for which a response is being provided, and respond to the questions in sequential order. Parties are urged to include everything they wish to discuss in their comments and reply comments; if a party wishes to make a presentation at the workshop, it must be included in the comments submitted on May 31, 2006.

Prior to the workshop, the commission may make available in Central Records under Project Number 31925 an agenda for the workshop.

Questions concerning the workshop or this notice should be referred to Marshall Adair, Communications Industry Oversight Division at (512) 936-7214 or Rosemary McMahill, Communications Industry Oversight Division at (512) 936-7244. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200602224

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 18, 2006

The City of Gilmer, 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 below:

Airport Sponsor: The City of Gilmer, Gilmer Municipal Airport. TxDOT CSJ No. 0519GLMER. Scope: Provide engineering/design services to expand apron, rehabilitate apron, hangar access taxiways and Runway 18-36, and partial parallel & stub taxiway. Mark Runway 18-36 and partial parallel & stub taxiway, and install security fence at the Gilmer Municipal Airport.

The HUB goal is set at 7%. TxDOT Project Manager is John Wepryk, P.E.

To assist in your proposal preparation the most recent Airport Layout Plan, 5010 drawing, and project narrative are available online at www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting "Gilmer Municipal Airport".

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 AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed above. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is an MS Word Template.

Please note:

Five completed, unfolded copies of Form AVN-551 must be received by TxDOT, Aviation at 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than May 23, 2006, 4:00 p.m.

Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Sheri Quinlan.

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 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. If interviews are conducted, selection will be made following interviews.

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

TRD-200602233

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: April 19, 2006

The City of Marfa, 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: The City of Marfa, Marfa Municipal Airport. TxDOT CSJ No.0624MARFA. Scope: Engineering and design services for the reconstruction of a portion of Taxiway B and to create a Terminal Area Layout Update. Future work in the next five years may include construction of a hangar access taxiway and other elements as needed for the Marfa Municipal Airport.

The HUB goal is set at 0%. TxDOT Project Manager is Sandra Gaither.

Interested firms shall utilize the Form AVN-551, titled "Aviation Planning Services Proposal". The form may be requested from TxDOT Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site, URL address http://www.dot.state.tx.us/avn/avn551.doc. The form may not be altered in any way. All printing must be in black 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 AVN-551, firms are encouraged to download Form AVN-551 from the TxDOT website as addressed above. Utilization of Form AVN-551 from a previous download may not be the exact same format. Form AVN-551 is an MS Word Template.

Please note:

Five completed, unfolded copies of Form AVN-551 must be received by TxDOT, Aviation at 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than May 23, 2006, 4:00 p.m. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Sheri Quinlan.

The consultant selection committee will be composed of Aviation Division staff 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 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. If interviews are conducted, selection will be made following interviews.

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

TRD-200602234

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: April 19, 2006

The County of Rusk, 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: The County of Rusk, Rusk County Airport. TxDOT CSJ No.06EAHENDR. Scope: Provide an Environmental Assessment at the Rusk County Airport.

The HUB goal is set at 0%. TxDOT Project Manager is Sandra Gaither.

Interested firms shall utilize the Form AVN-551, titled "Aviation Planning Services Proposal". The form may be requested from TxDOT Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site, URL address http://www.dot.state.tx.us/avn/avn551.doc. The form may not be altered in any way. All printing must be in black 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 AVN-551, firms are encouraged to download Form AVN-551 from the TxDOT website as addressed above. Utilization of Form AVN-551 from a previous download may not be the exact same format. Form AVN-551 is an MS Word Template.

Please note:

Five completed, unfolded copies of Form AVN-551 must be received by TxDOT, Aviation at 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than May 23, 2006, 4:00 p.m. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Sheri Quinlan.

The consultant selection committee will be composed of Aviation Division staff 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 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. If interviews are conducted, selection will be made following interviews.

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

TRD-200602232

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: April 19, 2006