Pursuant to Chapters 403 and 2156, Texas Government Code, the Comptroller of Public Accounts announces the contract award for overpayment recovery audit services. The notice of request for proposals was published in the October 21, 2005, issue of the Texas Register (30 TexReg 6951).

The contract was awarded to Horn & Associates, Inc., 690 E. Ft. Union Blvd., Suite 202, Salt Lake City, Utah 84121. The total amount of the contract is based on 13.5% of all funds actually recovered and reimbursed back to the State. The term of the contract is from March 13, 2006 to December 31, 2007, with option for two additional one-year renewal periods.

TRD-200601673

Pamela Smith

Deputy General Counsel, Contracts

Comptroller of Public Accounts

Filed: March 15, 2006

Pursuant to §§403.011, 2155.001, and 2156.121, Texas Government Code, and Chapter 54, Subchapter F, §§54.602, 54.611 - 618, and 54.636, Texas Education Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas Prepaid Higher Education Tuition Board (Board), announces the issuance of its Request for Proposals (RFP #175m) for Large Capitalization Value Equity Investment Management Services ("Services") for the Board. The selected respondent will assist the Comptroller and the Board by providing the Services consistent with the Board’s Investment Policy and Guidelines related to the Texas Tomorrow Constitutional Trust Fund ("Fund"), as described in this RFP and the contract, if any resulting from it ("Contract"). This RFP relates to the Board’s portfolio of investment assets for its prepaid college tuition plan, which is designed to comply with Section 529 of the Internal Revenue Code. The prepaid tuition plan currently has approximately $1.6 billion dollars in invested assets. The Comptroller, as Chair and Executive Director of the Board, is issuing this RFP in order that the Board may move forward with retaining the necessary Services. The Comptroller and the Board reserve the right to award more than one contract under the RFP. If approved by the Board, the successful respondent(s) will be expected to begin performance of the contract on or about June 1, 2006.

Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above referenced address on Friday, March 31, 2006, after 10 a.m. Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Texas Marketplace after 10:00 a.m. CZT on Friday, March 31, 2006. The website address is http://esbd.tbpc.state.tx.us.

Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Friday, April 14, 2006. Prospective respondents are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. The Letter of Intent must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. Non-mandatory Letters of Intent and Questions received after this time and date will not be considered. On or before Friday, April 21, 2006, the Comptroller expects to post responses to questions as a revision to the Texas Marketplace notice on the issuance of this RFP. Respondents shall be solely responsible for confirming the timely receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.

Closing Date: Proposals must be delivered to the Office of the Assistant General Counsel, Contracts, at the location specified above (ROOM G24), no later than 2:00 p.m. (CZT), on Friday, April 28, 2006. Proposals received in ROOM G24 after this time and date will not be considered regardless of the reason for the late delivery and receipt. Respondents are encouraged to and solely responsible for verifying timely receipt of proposals in that office (ROOM G24).

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Board shall make the final decision on any contract award or awards resulting from this RFP. The Comptroller and the Board each reserve the right, in their sole discretion, to accept or reject any or all proposals submitted. The Comptroller and the Board are not obligated to execute any contracts on the basis of this notice or the distribution of any RFP. The Comptroller and the Board shall not pay for any costs incurred by any entity in responding to this notice or the RFP.

The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - March 31, 2006, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent to propose and Questions Due - April 14, 2006, 2:00 p.m. CZT; Official Responses to Questions posted - April 21, 2006; Proposals Due - April 28, 2006, 2:00 p.m. CZT; Contract Execution - June 1, 2006, or as soon thereafter as practical; Commencement of Project Activities - June 1, 2006, or as soon thereafter as practical.

TRD-200601738

Pamela Smith

Deputy General Counsel, Contracts

Comptroller of Public Accounts

Filed: March 22, 2006

Pursuant to §§403.011, 2155.001, and 2156.121, Texas Government Code, and Chapter 54, Subchapter F, §§54.602, 54.611 - 618, and 54.636, Texas Education Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas Prepaid Higher Education Tuition Board (Board), announces the issuance of its Request for Proposals (RFP #175n) for Small Capitalization Core Equity Investment Management Services ("Services") for the Board. The selected respondent will assist the Comptroller and the Board by providing the Services consistent with the Board’s Investment Policy and Guidelines related to the Texas Tomorrow Constitutional Trust Fund ("Fund"), as described in this RFP and the contract, if any resulting from it ("Contract"). This RFP relates to the Board’s portfolio of investment assets for its prepaid tuition plan, which is designed to comply with Section 529 of the Internal Revenue Code. The prepaid tuition plan currently has approximately $1.6 billion dollars in invested assets. The Comptroller, as Chair and Executive Director of the Board, is issuing this RFP in order that the Board may move forward with retaining the necessary Services. The Comptroller and the Board reserve the right to award more than one contract under the RFP. If approved by the Board, the successful respondent(s) will be expected to begin performance of the contract on or about June 1, 2006.

Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., Room G-24, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above referenced address on Friday, March 31, 2006, after 10 a.m. Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Texas Marketplace after 10:00 a.m. CZT on Friday, March 31, 2006. The website address is http://esbd.tbpc.state.tx.us.

Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Monday, April 17, 2006. Prospective respondents are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. The Letter of Intent must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. Non-mandatory Letters of Intent and Questions received after this time and date will not be considered. On or before Monday, April 24, 2006, the Comptroller expects to post responses to questions as a revision to the Texas Marketplace notice on the issuance of this RFP. Respondents shall be solely responsible for confirming the timely receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.

Closing Date: Proposals must be delivered to the Office of the Assistant General Counsel, Contracts, at the location specified above (ROOM G24), no later than 2:00 p.m. (CZT), on Monday, May 1, 2006. Proposals received in ROOM G24 after this time and date will not be considered regardless of the reason for the late delivery and receipt. Respondents are encouraged to and solely responsible for verifying timely receipt of proposals in that office (ROOM G24).

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Board shall make the final decision on any contract award or awards resulting from this RFP. The Comptroller and the Board each reserve the right, in their sole discretion, to accept or reject any or all proposals submitted. The Comptroller and the Board are not obligated to execute any contracts on the basis of this notice or the distribution of any RFP. The Comptroller and the Board shall not pay for any costs incurred by any entity in responding to this notice or the RFP.

The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - March 31, 2006, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent to propose and Questions Due - April 17, 2006, 2:00 p.m. CZT; Official Responses to Questions posted - April 24, 2006; Proposals Due - May 1, 2006, 2:00 p.m. CZT; Contract Execution - June 1, 2006, or as soon thereafter as practical; Commencement of Project Activities - June 1, 2006, or as soon thereafter as practical.

TRD-200601739

Pamela Smith

Deputy General Counsel, Contracts

Comptroller of Public Accounts

Filed: March 22, 2006

Pursuant to §2107.003, Texas Government Code, the Comptroller of Public Accounts (Comptroller), announces its issuance of a Request for Proposals (RFP #175j) for the purpose of obtaining collection services from a qualified firm for the collection of delinquent state taxes that are required by law to be collected by the Comptroller. The successful respondent, if any, will be expected to begin performance of the contract on or before September 1, 2006.

Contact: Parties interested in submitting a proposal should contact Thomas H. Hill, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on March 31, 2006, after 10:00 a.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller also made the RFP available electronically on the Texas Marketplace after March 31, 2006, 10:00 a.m. (CZT). The address of the Texas Marketplace is (http://esbd.tbpc.state.tx.us).

Non-Mandatory Letters of Intent and Questions: Letters of Intent are non-mandatory. All written inquiries, questions and non-mandatory Letters of Intent must be received at the above-referenced address not later than 2:00 p.m. (CZT) on Monday, April 10, 2006. Prospective proposers are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. Letters of Intent must be addressed to Thomas H. Hill, Assistant General Counsel, Contracts, and must be signed by an authorized representative of that entity. All responses to questions will be posted electronically on Tuesday, April 18, 2006 or as soon thereafter as practical, on the Texas Marketplace at: http://esbd.tbpc.state.tx.us. Non-Mandatory Letters of Intent and Questions received after the deadline will not be considered. Respondents shall be solely responsible for confirming the timely receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.

Closing Date: Proposals must be received in the Assistant General Counsel for Contracts’ Office at the location specified above (ROOM G-24) no later than 2:00 p.m. (CZT), on Friday, April 28, 2006. Proposals received in ROOM G24 after this time and date will not be considered; respondents shall be solely responsible for verifying timely receipt of proposals and all required copies in the Issuing Office by the deadline.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. The Comptroller will make the final decision.

The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller is not obligated to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - Friday, March 31, 2006, 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - Monday, April 10, 2006, 2:00 p.m. CZT; or as soon thereafter as practical; Official Responses to Questions posted - Tuesday, April 18, 2006, Proposals Due - Friday, April 28, 2006, 2:00 p.m. CZT; Contract Execution - June 16, 2006, or as soon thereafter as practical; Commencement of Contract Activities - June 19, 2006 for transition to official contract start on September 1, 2006.

TRD-200601748

Pamela Smith

Deputy General Counsel, Contracts

Comptroller of Public Accounts

Filed: March 22, 2006

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

An application was received from East Texas Professional Credit Union, Longview, Texas to expand its field of membership. The proposal would permit individuals who live or work in Angelina County, Texas, to be eligible for membership in the credit union.

An application was received from First Service Credit Union, Houston, Texas to expand its field of membership. The proposal would permit employees of Hilton Houston Southwest who work in or are paid from Houston, Texas, to be eligible for membership in the credit union.

An application was received from Lincoln City Credit Union, Houston, Texas to expand its field of membership. The proposal would permit persons who live, work, worship, attend school, and have businesses located within a 10-mile radius of the Lincoln City Credit Union located at 8715 Prairie View Drive, Houston, 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-200601741

Harold E. Feeney

Commissioner

Credit Union Department

Filed: March 22, 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 application(s):

Application(s) for a Merger or Consolidation - Approved

Driscoll Foundation Credit Union (Corpus Christi) and Coastal Community and Teachers Credit Union (Corpus Christi) - See Texas Register issue dated September 30, 2005.

Magpegasus Federal Credit Union (Midland) and Pegasus Credit Union (Dallas) - See Texas Register issue dated November 25, 2005.

Articles of Incorporation - 50 Years to Perpetuity -- Approved

County & Municipal Employees Credit Union, Edinburg, Texas

Alpine Community Credit Union, Alpine, Texas

Community Service Credit Union, Huntsville, Texas

THD District 13 Credit Union, Yoakum, Texas

Harlingen Area Teachers Credit Union, Harlingen, Texas

Orange County Teachers Credit Union, Orange, Texas

Temple Santa Fe Community Credit Union, Temple, Texas

First Community Credit Union of Houston, Houston, Texas

National Oilwell Varco Employees Credit Union, Houston, Texas

Brazos Valley Schools Credit Union, Katy, Texas

Memorial Hermann Credit Union, Houston, Texas

West Texas Educators Credit Union, Odessa, Texas

Lubrizol Employees Credit Union, Deer Park, Texas

TRD-200601743

Harold E. Feeney

Commissioner

Credit Union Department

Filed: March 22, 2006

Notices mailed March 17, 2006 through March 21, 2006:

TCEQ Internal Control No. 12212005-D05; Al Stewart, Trustee (Petitioner), filed a petition for creation of Conroe Municipal Utility District No. 1 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 TAC Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there are no lien holders on the property to be included in the proposed District; (3) the proposed District will contain approximately 344.007 acres located in Montgomery County, Texas; and (4) the proposed District is within the corporate limits of the City of Conroe, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Resolution No. 2819-05, effective October 13, 2005, the City of Conroe, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) purchase, construct, acquire, maintain, and operate a waterworks and sanitary sewer system for municipal, domestic, industrial, and commercial purposes; (2) acquire, construct, operate, and maintain a system to gather, conduct, divert, and control local storm water or other local harmful excesses of water within the District; and (3) purchase, acquire, construct, own, lease, extend, improve, operate, maintain, and repair such additional improvements, facilities, plants, equipment, and appliances consistent with the purposes for which the District is organized, all as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project; and from the information available at the time, the cost of the project is estimated to be approximately $15,900,000.

TCEQ Internal Control No. 12122005-D01; Robert M. Tiemann (Petitioner) filed a petition for creation of Lakeside Municipal Utility District No. 6 of Travis County (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 TAC Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there is one lienholder, Capital Farm Credit, FLCA, on the property to be included in the proposed District; (3) the proposed District will contain approximately 110.89 acres located within Travis County, Texas; and (4) the proposed District is not within the corporate limits or extraterritorial jurisdiction of any city, town or village in Texas. The Petitioner has provided the TCEQ with a certificate evidencing the consent of Capital Farm Credit, FLCA to the creation of the proposed District. The petition further states that the proposed District will: (1) design, construct, acquire, maintain, and operate a waterworks and sanitary sewer system for domestic and commercial purposes; (2) design, construct, acquire, improve, extend, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the petition; (4) acquire, own, develop, construct, improve, manage, maintain, and operate parks and recreational facilities; and (5) design, construct, acquire, improve, maintain, and operate any additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project; and from the information available at the time, the cost of the project is estimated to be approximately $11,710,000.

INFORMATION SECTION

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

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

Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P. O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team at (512) 239-4691. Si desea informacion en Espanol, puede llamar al 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.

TRD-200601734

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 22, 2006

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 1, 2006 . The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 1, 2006 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the commission in writing .

(1) COMPANY: Aarish Investments, Inc. dba Convenient Corner; DOCKET NUMBER: 2004-1235-PST-E; TCEQ ID NUMBERS: 68997 and RN102276839; LOCATION: 203 North Third Street, Wortham, Freestone County Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks (USTs); 30 TAC §334.22(a) and TWC, §5.702, by failing to pay UST fees for TCEQ Account Number 0057203U for Fiscal Year 2004 and associated late fees; PENALTY: $1,050; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(2) COMPANY: Curtis Shupak dba Village WSC; DOCKET NUMBER: 2005-1120-PWS-E; TCEQ ID NUMBER: RN101191708; LOCATION: about 3.2 miles south of Farm-to-Market Road 60 east off Park Road 57, Somerville, Burleson County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(ii) and Texas Health and Safety Code (THSC), §341.033(d), by failing to collect and submit routine monthly water samples for bacteriological analysis for the months of January, November and December 2003, and February 2004; 30 TAC §290.109(c)(3)(A)(ii), by failing to collect and submit repeat samples as required for bacteriological analysis following coliform-positive sample results for the month of September, 2003; 30 TAC §290.109(c)(2)(F), by failing to collect at least five routine samples as required for bacteriological analysis in October 2003, following a coliform-positive sample in September 2003; 30 TAC §290.122(c)(2)(A), by failing to post a public notice for failing to perform monitoring or comply with a testing procedure, for the months of January 2003, September - December 2003, and February 2004; and 30 TAC §290.51(a)(3) and TWC, §5.702, by failing to pay delinquent Public Health Service fees and associated penalties and interest; PENALTY: $2,010; STAFF ATTORNEY: Shawn Slack, Litigation Division, MC 175, (512) 239-0063; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(3) COMPANY: Gary Don Stahlheber dba Oak Hollow Mobile Home Park; DOCKET NUMBER: 2005-0655-PWS-E; TCEQ ID NUMBER: RN101453843; LOCATION: 16730 County Road 127, Trailer Number 1A, Pearland, Brazoria County, Texas; TYPE OF FACILITY: public water system RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(ii) and (g) and §290.122(c)(2)(A) and THSC, §341.033(d), by failing to collect and submit routine monthly bacteriological analysis and by failing to publish notice of the monitoring violation for May 2003; 30 TAC §290.109(c)(3)(A)(ii) and (g) and §290.122(c)(2)(A), by failing to collect and submit the required number of repeat bacteriological samples following total coliform-positive sample results, and by failing to provide public notice of the monitoring violations for August and September 2003; 30 TAC §290.109(c)(2)(F) and (g) and §290.122(c)(2)(A), by failing to collect and submit five routine bacteriological samples in October 2003, following a total coliform-positive sample from September 2003, and by failing to provide public notice of the sampling violation; and 30 TAC §290.51(a)(3) and TWC, §5.702, by failing to pay public health service fees on Account Number 90200055 for Fiscal Years 1997 - 2005; PENALTY: $1,260; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Harvey Gillespe; DOCKET NUMBER: 2005-0628-MSW-E; TCEQ ID NUMBER: RN104452719; LOCATION: 0.5 miles east of the United States Post Office on Farm-to-Market Road 54, Enochs, Bailey County, Texas; TYPE OF FACILITY: municipal solid waste site; RULES VIOLATED: 30 TAC §328.59(b)(1), by failing to properly register with the executive director the intended use of the site for the storage of used or scrap tires or tire pieces; PENALTY: $7,350; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Lubbock Regional Office, 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(5) COMPANY: North San Gabriel Overlook, Ltd.; DOCKET NUMBER: 2004-0361-MLM-E; TCEQ ID NUMBER: RN103184685; LOCATION: 300 San Gabriel Village Boulevard, Georgetown, Williamson County, Texas; TYPE OF FACILITY: real property; RULES VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of two Edwards Aquifer protection plans prior to commencing construction; 30 TAC §281.25(a)(4) and 40 CFR §122.26, by failing to obtain a Texas Pollutant Discharge Elimination System General Permit relating to discharges from construction activities; and TWC, §26.121(a), by failing to prevent the unauthorized discharge of sediment from the construction site; PENALTY: $20,250; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(6) COMPANY: Pak Convenience Store Inc. dba 1 Stop 15; DOCKET NUMBER: 2004-1960-PST-E; TCEQ ID NUMBERS: 9090 and RN102402179; LOCATION: 8460 Denton Drive, Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of its petroleum USTs; and 30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding UST fees for TCEQ Account Number 0052830U for Fiscal Year 2005; PENALTY: $2,140; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Phongbai Xia dba Twin Lakes Water Co.; DOCKET NUMBER: 2005-0732-PWS-E; TCEQ ID NUMBERS: 2200190 and RN101453512; LOCATION: 6495 Appian Way, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §§290.109(c)(2)(A)(ii), 290.122(c)(2)(A) and 290.109(g)(4) and THSC, §341.033(d), by failing to collect and submit monthly routine water samples and by failing to post notice related to the failure to sample; 30 TAC §290.109(c)(3)(A)(ii), (2)(F), (g)(4) and §290.122(c)(2)(A), by failing to collect and submit repeat samples following a coliform-positive result and by failing to post public notice related to the failure to sample; and 30 TAC §290.109(f)(3), (g)(4) and §290.122(b)(2)(A) and THSC, §341.031(a), by exceeding a maximum contaminant level (MCL) in June 2004, and by failing to post public notice for exceeding a MCL; PENALTY: $1,120; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: Prince A, Inc.; DOCKET NUMBER: 2005-1476-PST-E; TCEQ ID NUMBERS: 53688 and RN101550713; LOCATION: 6551 Grapevine Highway, North Richland Hills, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A), by failing to monitor all tanks in a manner which would detect a release at a frequency of at least once every month (not to exceed 35 days between each monitoring) by using one or more of the release detection methods, by failing to monitor piping in the UST system in a manner which would detect a release from any portion of the piping system, by failing to test the line leak detector at least once per year for performance and operational reliability and by failing to properly calibrate and maintain the line leak detector in accordance with the manufacturer's specifications and recommended procedures; 30 TAC §334.50(d)(1)(B)(ii), by failing to reconcile detailed inventory control records at least once a month in a manner sufficiently accurate to detect a release as small as the sum of 1.0% of the total substance flow-through for the month plus 130 gallons; TWC, §26.3475(a), by failing to ensure that all piping in its UST system that routinely conveyed regulated substances under pressure complied with TCEQ requirements for pressurized piping release detection equipment; TWC, §26.3475(c)(1), by maintaining a tank in a UST system that did not comply with TCEQ requirements for tank release detection equipment; 30 TAC §115.246(1), by failing to maintain a copy of the California Air Resources Board (CARB) Executive Orders or third-party certifications for the Stage II vapor recovery system and any related components installed at the facility; 30 TAC §115.245(2), by failing to perform verification of proper operation of the Stage II equipment in accordance with the test procedures referenced in 30 TAC §115.245(1) at least every 12 months; and THSC, §382.085(b), by causing, suffering, allowing, or permitting the emission of any air contaminant or the performance of any activity in violation of THSC, Chapter 382 or of any TCEQ rule or order; PENALTY: $5,400; STAFF ATTORNEY: Shana Horton, Litigation Division, MC 175, (512) 239-1088; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(9) COMPANY: Sentinel Waste, L.L.C.; DOCKET NUMBER: 2005-0040-MSW-E; TCEQ ID NUMBER: RN101009501; LOCATION: 9225 Highway 183 South, Austin, Travis County, Texas; TYPE OF FACILITY: municipal solid waste facility; RULES VIOLATED: 30 TAC §330.4(a), by failing to obtain proper authorization from TCEQ for the operation of a Type V processing facility; PENALTY: $11,550; STAFF ATTORNEY: Shawn Slack, Litigation Division, MC 175, (512) 239-0063; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

TRD-200601732

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: March 21, 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 (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 1, 2006, 2006 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 1, 2006 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to the commission in writing .

(1) COMPANY: AJMM, Inc. dba E-Z Food Mart; DOCKET NUMBER: 2005-1553-PST-E; TCEQ ID NUMBER: RN102892213; LOCATION: 14648 Walters Road, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(4) and Texas Water Code (TWC), §26.3475(d), by failing to inspect and test the cathodic protection system for operability and adequacy of protection with in three to six months after installation and at a subsequent frequency of at least once every three years; 30 TAC §334.50(b)(2)(A)(i)(III) and TWC, §26.3475(a), by failing to test the line leak detectors at least once per year for performance and operability reliability; and 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks (USTs); PENALTY: $7,350; STAFF ATTORNEY: Deanna Sigman, Litigation Division, MC 175, (512) 239-0619; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Ayers' Companies, Inc. dba County Line Truck Stop; DOCKET NUMBER: 2004-0821-PST-E; TCEQ ID NUMBERS: 16431 and RN102430907; LOCATION: 780 East Highway 80, Sunnyvale, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.242(3)(A) and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition as specified by the manufacturer and/or any applicable California Air Resources Board (CARB) executive order and free of any defects that would impair the effectiveness of the system; 30 TAC §115.242(5) and THSC, §382.085(b), by failing to make all necessary repairs, replacements, or adjustments to faulty equipment; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment by performing operational tests at least once every 12 months or upon major system replacement or modification, whichever occurs first; 30 TAC §334.8(c)(5)(C), by failing to properly label the UST fill pipes according to the UST information provided to the TCEQ on the station's UST registration and self-certification form; 30 TAC §334.49(c)(4) and TWC, §26.3475(d), by failing to inspect and test the corrosion protection system for operability and adequacy of protection within three to six months after installation and once every three years thereafter; 30 TAC §334.54(d)(2), by failing to ensure that a regulated substance has been removed from a UST to a depth of less than 2.5 centimeters or 0.3% by weight of the system at full capacity in order to qualify as an out-of-service tank; 30 TAC §334.50(b)(2)(A)(i)(III) and TWC, §26.3475(a), by failing to test a line leak detector at least once per year for performance and operational reliability; and 30 TAC §334.50(d)(9)(A)(v) and TWC, §26.3475(c), by failing to report to the TCEQ within 72 hours of the receipt of any inconclusive statistical inventory reconciliation (SIR) analysis report for USTs; PENALTY: $8,740; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: ExxonMobil Oil Corporation; DOCKET NUMBER: 2004-0987-AIR-E; TCEQ ID NUMBERS: RN102450756 and JE0067-1; LOCATION: 1795 Burt Street, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: oil refinery; RULES VIOLATED: 30 TAC §§101.20(1), 113.340, and 115.352(2), 40 Code of Federal Regulations (CFR) §60.482-7(d)(1) and §63.648(a), and THSC, §382.085(b), by failing to perform the final repair within 15 days after detecting a leak for the valves with component identification numbers 1106 and 1466; 30 TAC §101.20(1) and §113.340, 40 CFR §60.482-7(c)(2) and §63.648(a), and THSC, §382.085(b), by failing to monitor three valves with component identification numbers 1106, 2147, and 0204 for two successive leak-free months after detecting a leak; 30 TAC §115.352(2) and THSC, §382.085(b), by failing to comply with the five- and 15-day requirements for leaking valves; 30 TAC §101.20(1) and §113.340, 40 CFR §60.482-7(a) and §63.648(a), and THSC, §382.085(b), by failing to perform monthly monitoring of Valve Number 27751 in May 2002; 30 TAC §101.20(1) and §113.340, 40 CFR §60.482-2(a)(1) and §63.648(a), and THSC, §382.085(b), by failing to perform monthly monitoring of two pumps, numbers 3171 and 27901; 30 TAC §101.20(3) and §116.115(b), Permit Number 19566/PSD-TX-768M1, General Conditions Number 8, and THSC, §382.085(b), by allowing unauthorized emissions of 33,183 pounds (lbs.) of sulfur dioxide (SO2) from a Flare Gas Recovery Unit on March 18, 2003, and 30 TAC §101.222, by failing to meet the demonstrations; 30 TAC §101.201(a)(2)(H) and (b)(10) and THSC, §382.085(b), by failing to include the authorized emission limit on the initial notification and by failing to record the cause of the event on the final record for an emission event occurring on March 18, 2003; 30 TAC §101.221(a) and THSC, §382.085(b), by failing to properly operate and maintain the internal floating roof for Tank Number 2203, and 30 TAC §101.222, by failing to meet the demonstrations; 30 TAC §101.201(a)(2)(B), (D), and (H) and §101.201(b)(8) and THSC, §382.085(b), by failing to include in the initial notification the Air Account Number, the common name of the emission point where the unauthorized emissions were released, and the authorized emission limit for the facility, and by failing to include in the final notification the authorization rule or permit number and the authorized emission limit on the initial notification for an event that occurred on March 2, 2003; 30 TAC §101.20(3) and §116.115(b) and (c), Permit Number 46534/PSD-TX-992, Special Condition Number 1 and General Conditions Number 8, and THSC, §382.085(b), by allowing the unauthorized emissions of 588 lbs. of SO2 and 12 lbs. of nitrogen oxides (NOx) to be released to the atmosphere over a 18-minute period on March 2, 2003, and 30 TAC §101.222, by failing to meet the demonstrations; 30 TAC §101.201(a)(2)(B), (G), and (H) and §101.201(b)(8) and (10), and THSC, §382.085(b), by failing to include the Air Account Number, the compound released to the atmosphere, the authorized emissions limit, and the estimated total quantity of compounds released to the atmosphere in the initial notification, and by failing to include the authorization or the authorized limit, and correctly identify the cause of the event in the final record for an event that occurred on February 28, 2003; 30 TAC §101.20(3) and §116.115(b), Permit Number 49135, General Conditions Number 8, and Maximum Allowable Emissions Rate Table (MAERT), and THSC, §382.085(b), by allowing the unauthorized emissions of 5,234 lbs. of SO2 into the atmosphere at the Low Pressure Flare and 30 TAC §101.222, by failing to meet the demonstrations; 30 TAC §101.201(a)(2)(B) and (H) and §101.201(b)(8) and THSC, §382.085(b), by failing to include the Air Account Number for the regulated entity and the authorized emissions limit in the initial notifications for emission events, and by failing to include the preconstruction authorization number and the authorized emission limit in the final record received for emission events occurring on January 27, 2003, and February 16, 20, and 26, 2003; 30 TAC §101.20(3) and §116.115(b), Permit Number 19566/PSD-TX-768M1, General Conditions Number 8, and THSC, §382.085(b), by allowing the unauthorized release of 792 lbs. of SO2 from the Low Pressure Flare during an emission event that occurred on February 26, 2003, and 30 TAC §101.222, by failing to meet the demonstrations; 30 TAC §101.20(3) and §116.115(b), Permit Number 19566/PSD-TX-768M1, General Conditions Number 8, and THSC, §382.085(b), by allowing the unauthorized emission of 4,413 lbs. of SO2 and 21 lbs. of NOx from the Coker Flare during an emission event occurring on February 20, 2003, and 30 TAC §101.222, by failing to meet the demonstrations; 30 TAC §101.20(3) and §116.115(b), Permit Number 19566/PSD-TX-768M1, General Conditions Number 8, and THSC, §382.085(b), by allowing the unauthorized emission of 11 lbs. of NOx and 4,511 lbs. of SO2 to enter the atmosphere during a lube oil turbine to lube oil motor switch from the PtR-4 Booster Compressor on January 27, 2003, and 30 TAC §101.222 by failing to meet the demonstrations; 30 TAC §101.20(3) and §116.115(b), Permit Number 49135, General Conditions Number 8 and MAERT, and THSC, §382.085(b), by allowing the unauthorized release of 3,780 lbs. of SO2, 16 lbs. of NOx, and 54 lbs. of hydrogen sulfide (H2S) from the Low Pressure Flare, High Pressure Flare, and FCC Flare, on January 13-14, 2003, and 30 TAC §101.222, by failing to meet the demonstrations; 30 TAC §101.20(3) and §116.115(b), Permit Number 19566/PSD-TX-768M1, General Conditions Number 8, and THSC, §382.085(b), by allowing the unauthorized emission of 8,847 lbs. SO2, and 315.5 lbs. of NOx from the PtR-4 Unit and Low Pressure Flare, on February 16-17, 2003, and 30 TAC §101.222, by failing to meet the demonstrations; 30 TAC §101.201(a)(2)(B), and (H) and §101.201(b)(8) and (9) and THSC, §382.085(b), by failing to include the Air Account Number for the regulated entity and the authorized emissions limit in the initial notification for emissions events, and by failing to include the preconstruction authorization number, the authorized emission limit, and the required basis used for determining the quantity of air contaminants emitted in the final record for emissions events occurring on September 18, 2002, October 4, 2002, October 30, 2002, and November 23, 2002; 30 TAC §101.20(3) and §116.115(b), Permit Number 49135, General Conditions Number 8 and MAERT, and THSC, §382.085(b), by allowing the unauthorized release of 7,961 lbs. of SO2, 154 lbs. of NOx, and 144 lbs. of H2S from the Low Pressure Flare, High Pressure Flare, and FCC Flare on November 23, 2002, and 30 TAC §101.222, by failing to meet the demonstrations; 30 TAC §101.201(b)(8) and (9) and THSC, §382.085(b), by failing to properly record and maintain the final record of an emissions event by not including the permit authorization number, the authorized emission rate, and the basis for determining the quantity of air contaminants emitted for emission events occurring on October 29, 2002 and November 17, 2002; 30 TAC §101.20(3) and §116.115(b), Permit Number 49135, General Conditions Number 8 and MAERT, and THSC, §382.085(b), by allowing the unauthorized emission of eight lbs. of NOx to enter the atmosphere from the Low Pressure, High Pressure Flare, and FCC Flare during an instrumentation malfunction that occurred on November 17, 2002, and by allowing the unauthorized emission of 41 lbs. of NOx and 2,074 lbs. of SO2 to enter the atmosphere from the Low Pressure, High Pressure, and FCC Flares during an instrumentation malfunction that occurred on October 30, 2002, and 30 TAC §101.222, by failing to meet the demonstrations; 30 TAC §101.221(a) and THSC, §382.085(b), by allowing the unauthorized emissions of 460 lbs. of benzene, 2,042 lbs. of toluene, and 2,800 lbs. of xylene from Tank 1365 to enter the atmosphere during a tank roof drain malfunction that occurred on October 29, 2002, and 30 TAC §101.222, by failing to meet the demonstrations; 30 TAC §101.201(a)(2)(B), (F) and (H) and §101.201(b)(8) and (9) and THSC, §382.085(b), by failing to include in the initial notification the Air Account Number, the authorized emissions limit, and the estimated duration; 30 TAC §101.1, by failing to include the preconstruction authorization number governing the facility involved in the emissions event and the authorized emission limit of the compounds released to atmosphere and submitting the initial notification without including the basis used for determining the quantity of air contaminants emitted in the definition of reportable quantity for an event that occurred on October 26, 2003; 30 TAC §101.20(3) and §116.115(b), Permit Number 19566/PSD-TX-768M1, General Conditions Number 8, and THSC, §382.085(b), by allowing the unauthorized emission of 1442 lbs. of NOx to enter the atmosphere from the High Pressure Flare during a motor operated valve and discharge check valve malfunction that occurred on October 26, 2002, and 30 TAC §101.222, by failing to meet the demonstrations; 30 TAC §101.20(3) and §116.115(b), Permit Number 49135, General Conditions Number 8 and MAERT, and THSC, §382.085(b), by allowing unauthorized emissions of 44 lbs. of NOx and 2,326 lbs. of SO2 to enter the atmosphere from the Low Pressure Flare when the Flare Gas Recovery Compressor (FGRC) diverted load to the Low Pressure Flare on October 30, 2002, and 30 TAC §101.222, by failing to meet the demonstrations; 30 TAC §101.20(3) and §116.115(b), Permit Number 49135, General Conditions Number 8 and MAERT, and THSC, §382.085(b), by allowing the unauthorized emissions of 76 lbs. of NOx and 1,619 lbs. of SO2 to enter the atmosphere from the Low Pressure, High Pressure, and FCC Flares when the FGRC diverted a load to the Flares due to the Knock-Out Drum high level shutting down the LP Compressor Unit on October 4-5, 2002, and 30 TAC §101.222, by failing to meet the demonstrations; 30 TAC §101.20(3) and §116.115(b), Permit Number 49135, General Conditions Number 8 and MAERT, and THSC, §382.085(b), by allowing the unauthorized emissions of 20 lbs. of NOx and 947 lbs. of SO2 to enter the atmosphere from the Low Pressure Flare during an instrumentation malfunction that occurred on September 18, 2002, and 30 TAC §101.222, by failing to meet the demonstrations; 30 TAC §116.110(a) and THSC, §382.085(b), by allowing the unauthorized emission of 240 lbs. of Halon gas (Bromomethane) to enter the atmosphere from the Satellite Instrumentation Building during a control circuit malfunction which occurred on June 27, 2002, and 30 TAC §101.11(a)(2) (in effect at the time of the event), by failing to meet the demonstrations; 30 TAC §101.201(b)(7) and (8) and THSC, §382.085(b), by failing to properly report the final record of an emissions event by not including the compound descriptive type and the estimated total quantities for carbon monoxide (CO), volatile organic compounds (VOC), and H2S involved in an October 22, 2003 emissions event; 30 TAC §101.20(3) and §116.115(b), Permit Number 49135, General Conditions Number 8 and MAERT, and THSC, §382.085(b), by allowing the unauthorized emissions of 55.4 lbs. of NOx, 1,529 lbs. of SO2, 400.44 lbs. of CO, 160.04 lbs. of VOC, and 16.59 lbs. of H2S from the FCC flare on October 22, 2003, and 30 TAC §101.222, by failing to meet the demonstrations; PENALTY: $80,444; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(4) COMPANY: Feroz Ali Jivani dba MC Food Store 2; DOCKET NUMBER: 2004-1666-PST-E; TCEQ ID NUMBERS: 24403 and RN103101572; LOCATION: 9440 Louetta Road, Spring, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance, for the year 2002, for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of three petroleum USTs; PENALTY: $3,150; STAFF ATTORNEY: Becky Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Huntsman Petrochemical Corporation; DOCKET NUMBER: 2005-1774-AIR-E; TCEQ ID NUMBER: RN100217389; LOCATION: 4241 Savannah Avenue, Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: petrochemical manufacturing plant; RULES VIOLATED: 30 TAC §116.715(a), New Source Review (NSR) Flexible Air Permit Numbers 16989 and PSD-TX-794, Special Condition Number 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits; PENALTY: $4,550; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(6) COMPANY: Jeffy's, Inc.; DOCKET NUMBER: 2004-1253-PST-E; TCEQ ID NUMBERS: 26689 and RN102262730; LOCATION: 8015 Interstate 10 East, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs for the one year period proceeding November 7, 2002; PENALTY: $4,280; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: Jesus Sanchez Acosta; DOCKET NUMBER: 2005-0543-MSW-E; TCEQ ID NUMBERS: 445150104 and RN104361936; LOCATION: Block 90, Lot 7, on North Third Street, approximately two miles north of the intersection of North Third Street and Monte Cristo Road, Edinburg, Hidalgo County, Texas; TYPE OF FACILITY: unauthorized disposal site; RULES VIOLATED: THSC, §361.061 and §361.086 and 30 TAC §330.5(a), by failing to prevent the disposal of municipal solid waste at an unauthorized site; PENALTY: $4,200; STAFF ATTORNEY: Becky Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(8) COMPANY: John Daugherty dba John Daugherty Homes; DOCKET NUMBER: 2005-1756-WQ-E; TCEQ ID NUMBER: RN104666458; LOCATION: 5405 Stone Lake Drive, Wichita Falls, Wichita County, Texas; TYPE OF FACILITY: home building business; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activities; PENALTY: $3,150; STAFF ATTORNEY: Shana Horton, Litigation Division, MC 175, (512) 239-1088; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(9) COMPANY: Lanxess Corporation; DOCKET NUMBER: 2005-0006-AIR-E; TCEQ ID NUMBERS: OC0004P and RN100825363; LOCATION: 4647 Farm-to-Market Road 1006, Orange, Orange County, Texas; TYPE OF FACILITY: synthetic rubber manufacturing plant; RULES VIOLATED: 30 TAC §§116.110(a), 116.115(b)(2)(F) and (c), 122.143(4), NSR Air Permit Number 22508/PSD-TX874, Special Condition Number 1, GOP Number O-01391, Special Condition Number 7A, and THSC, §382.085(b), by failing to prevent unauthorized emissions from being released at the Cobalt Butadiene Rubber Unit, and the Propylene Bullet Tank and by failing to maintain an emission rate below the permitted allowable emission limit; PENALTY: $18,630; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(10) COMPANY: McCulloch County; DOCKET NUMBER: 2004-0827-MLM-E; TCEQ ID NUMBERS: F1759 and RN104219928; LOCATION: 2941 County Road 100, 1.75 miles southwest of Brady, McCulloch County, Texas; TYPE OF FACILITY: scrap metal recycle center, lead acid battery collection center, used oil collection center, used oil filter collection center, used tire collection center, and an equipment and material storage area; RULES VIOLATED: 30 TAC §111.201 by failing to comply with the outdoor burning requirements; 30 TAC §328.13(a) and §335.4, and TWC, §26.121(c), by failing to manage municipal hazardous waste in a manner that is protective of public health and welfare and failing to prevent the discharge or imminent threat of discharge into or adjacent to waters in the state; TWC, §26.266(a), failing to remediate petroleum hydrocarbon spills and discharges to the environment; 30 TAC §335.431(c), THSC, §361.451(a), and 40 CFR §268.40, failing to meet the treatment standards for lead prior to covering waste ash in a land based unit; 30 TAC §335.2(a), by failing to obtain authorization prior to storing, processing or disposing of municipal hazardous waste; 30 TAC §335.9(a)(1), by failing to make available to TCEQ personnel records to document hazardous waste determinations for wastes located at the site; 30 TAC §335.9(a)(1), by failing to keep records of waste lead-acid batteries disposed of at the site; 30 TAC §334.50(a)(1)(A) and TWC, §26.3475(c), by failing to provide a release detection system for a petroleum UST system; 30 TAC §334.49(a) and TWC, §26.3475(c), by failing to provide corrosion protection for the petroleum UST system; 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by the accidental releases from the operation of the petroleum UST; 30 TAC §334.7(a)(1) and §334.127(a)(1), by failing to register a UST and an aboveground storage tank with the commission; 30 TAC §328.23(a) and (b) and 40 CFR §279.22(b), by failing to store, process, or dispose of used oil filters in an manner so as to not cause a discharge of oil into the environment; 30 TAC §328.25(c), by failing to have copies of bills of lading available for commission personnel to inspect at any reasonable time; 30 TAC §324.4, by failing to ensure that used oil is stored, collected, burned, or discharged in a manner that does not endanger the public health or the environment; 30 TAC §324.7(3)(A), (B) and (E), by failing to comply with the requirements of a Used Oil Collection Center; 40 CFR §279.22(c)(1), by failing to label or clearly mark the words "Used Oil" on containers used to store used oil; and 30 TAC §334.55(a)(3), by failing to ensure that the permanent removal of a petroleum UST was conducted by qualified personnel; PENALTY: $31,250; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(11) COMPANY: Mehdi Maredia dba AA & RL Kountry Store; DOCKET NUMBER: 2005-1578-PST-E; TCEQ ID NUMBERS: 46001 and RN102044468; LOCATION: 16194 North State Highway 6, Calvert, Robertson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $4,200; STAFF ATTORNEY: Robert Mosley, Litigation Division MC 175, (512) 239-0627; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(12) COMPANY: Mirage Stop, Inc.; DOCKET NUMBER: 2003-1443-MWD-E; TCEQ ID NUMBER: RN101520344; LOCATION: 17141 I-10 East, Channelview, Harris County, Texas; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1) and 319.5(b), TCEQ Permit Number 0003517000, Final Effluent Limitations and Monitoring Requirements, 1, and TWC, §26.121(e), by failing to monitor flow when required for Outfall Number 002 from April 1, 2002 - June 15, 2003; 30 TAC §305.125(1) and §317.7(e), TCEQ Permit Number 0003517000, Operational Requirements 1, and TWC, §26.121(e), by failing to repair the fences surrounding the wastewater treatment plant and the on-site lift station; 30 TAC §305.125(1) and §319.5(b), TCEQ Permit Number 0003517000, Final Effluent Limitations and Monitoring Requirements, 1, and TWC, §26.121(e), by failing to monitor flow when required for Outfall Number 001 at the frequency required by the permit; and 30 TAC §305.125(1) and (5), TCEQ Permit Number 0003517000, Operational Requirements 1, and TWC, §26.121(e), by failing to properly operate and maintain the treatment facility; PENALTY: $10,900; STAFF ATTORNEY: Courtney St. Julian, Litigation Division, MC 175, (512) 239-0617; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: Ron Edwards dba Tawakoni Stop II; DOCKET NUMBER: 2005-1378-PST-E; TCEQ ID NUMBERS: 55512 and RN102228111; LOCATION: 2450 Farm-to-Market Road 47, Point, Rains County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $2,565; STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175, (512) 239-0078; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

TRD-200601731

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: March 21, 2006

The Texas Commission on Environmental Quality (commission), in coordination with the Houston-Galveston Area Council (H-GAC), serving as the Metropolitan Planning Organization (MPO) for the Houston/Galveston/Brazoria metropolitan area (HGB), proposes to substitute certain transportation control measures (TCMs) contained in the HGB state implementation plan (SIP). As provided by commission rules, the commission and the H-GAC have initiated a process to approve substitute TCMs for the HGB SIP. Documentation regarding each proposed substitute TCM is available for public review at the commission Web site located at http://www.tceq.state.tx.us/implementation/air/sip/tcm_hgb.html . Documentation may also be obtained from Shelley Whitworth, Program Manager, Houston-Galveston Area Council, P. O. Box 22777, Houston, Texas 77227-2777, or at (713) 499-6695.

The commission will hold a public hearing on this proposal on April 20, 2006, 12:00 p.m., at the Houston-Galveston Area Council, 3555 Timmons, Conference Room B, Houston, Texas. The hearing will be structured for the receipt of oral and/or written comments from interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, a commission staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Shelley Whitworth at (713) 499-6695. Requests for special accommodations should be made as far in advance as possible. Comments may be submitted to Koy Howard, Texas Commission on Environmental Quality, Chief Engineers Office, MC 206, P. O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-5687. All comments should reference Transportation Control Measure Substitution for the HGB area. Comments must be received by 5:00 p.m., April 7, 2006. For further information, please contact Mr. Howard of the Environmental Planning and Implementation Division at (512) 239-2306.

TRD-200601720

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: March 21, 2006

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on March 21, 2006, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Manuel Manriquez dba M&A Oil Co.; SOAH Docket No. 582-05-8335; TCEQ Docket No. 2004-1315-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Manuel Manriquez dba M&A Oil Co. on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P. O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239-3300.

TRD-200601736

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 22, 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 1, 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 1, 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: 3M Company; DOCKET NUMBER: 2005-1783-AIR-E; IDENTIFIER: Regulated Entity Reference Number (RN) RN100218692; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: plant; RULE VIOLATED: 30 TAC §116.115(c) and §101.20(3), New Source Review Permit Number 9904/PSD-TX-674M-1, and THSC, §382.05(b), by failing to meet permitted emissions limits for carbon monoxide; PENALTY: $4,360; ENFORCEMENT COORDINATOR: Amy Burgess, (512) 239-2540; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(2) COMPANY: William DeWitt dba 45 Kwik Stop; DOCKET NUMBER: 2005-1377-PST-E; IDENTIFIER: RN102235611; LOCATION: Rice, Navarro County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(a) and the Code, §26.3475(d), by failing to provide corrosion protection for the underground storage tank (UST) system; and 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: A J & P Investors, Inc. dba Poolville One Stop; DOCKET NUMBER: 2005-1929-PST-E; IDENTIFIER: RN101557841; LOCATION: Poolville, Parker County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.45(e)(2)(D), by failing to ensure all fill pipes are equipped with a removable or permanent factory-constructed drop tube; 30 TAC §334.51(b)(2)(C) and the Code, §26.3475(c)(2), by failing to equip each tank with a valve or other appropriate device designed to either automatically shut off the flow or restrict the flow of regulated substances into the tank; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs; and 30 TAC §334.50(b)(1)(A) and (2)(A)(i)(III) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases, by failing to provide proper release detection, and by failing to test the line leak detectors; PENALTY: $6,336; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Bell County Water Control & Improvement District 1; DOCKET NUMBER: 2005-2002-PWS-E; IDENTIFIER: RN101223956; LOCATION: Killeen, Bell County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.43(c)(3) and (4) and (e), by failing to provide a proper roof slope on all water storage tanks, by failing to provide an overflow pipe, by failing to equip the ground storage tank with a liquid level indicator, and by failing to provide an intruder-resistant fence for the ground storage tanks; 30 TAC §290.46(f)(3)(B)(v), by failing to file and make available for commission review calibration records for the flow meters; and 30 TAC §290.44(d)(1), by failing to install an air release device; PENALTY: $2,450; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(5) COMPANY: Bridgeport Utilities, L.L.C.; DOCKET NUMBER: 2006-0037-MWD-E; IDENTIFIER: RN102342821; LOCATION: Richland, Navarro County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0013528001, and the Code, §26.121(a), by failing to comply with the permitted effluent limits for ammonia nitrogen (NH3), dissolved oxygen (DO), and five-day carbonaceous biochemical oxygen demand; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Bulk Services Transportation, Inc.; DOCKET NUMBER: 2005-1886-IHW-E; IDENTIFIER: RN104712591; LOCATION: Kopperl, Bosque County, Texas; TYPE OF FACILITY: trucking company; RULE VIOLATED: 30 TAC §335.2(b) and §335.4, by failing to properly dispose of approximately 10,000 pounds of industrial solid waste; and 30 TAC §312.9(c) and the Code, §5.702, by failing to pay outstanding sludge hauler fees; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(7) COMPANY: Cemex Construction Materials, L.P.; DOCKET NUMBER: 2005-1311-MLM-E; IDENTIFIER: RN102437274; LOCATION: San Antonio, Comal County, Texas; TYPE OF FACILITY: limestone quarry; RULE VIOLATED: 30 TAC §281.25(a)(4), TPDES General Permit Number TXR050000, and 40 Code of Federal Regulations (CFR) §122.26(c), by failing to maintain at the facility or have readily available for review a copy of the storm water pollution prevention plan; 30 TAC §305.42(a) and the Code, §26.121(a), by failing to obtain authorization prior to discharging process water into retention ponds; and the Code, §26.121(a), by failing to prevent the unauthorized discharge of sediment and sand; PENALTY: $10,080; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(8) COMPANY: Chevron Phillips Chemical Company, L.P.; DOCKET NUMBER: 2005-1769-AIR-E; IDENTIFIER: RN100215615; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §§101.20(1), 115.352(4), 116.115(c)(1), and 122.143(4), Federal Operating Permit (FOP) Number O-01310, New Source Review (NSR) Permit Number 4140A, and THSC, §382.085(b), by failing to install a second valve, a blind flange, or a tightly-fitting plug or cap on 31 open ended lines; 30 TAC §§101.20(1), 116.115(c)(1), and 122.143(4), 40 CFR §60.18(c)(2), FOP Permit Number O-01310, NSR Permit Number 4140A, and THSC, §382.085(b), by failing to maintain a pilot flame during flare operation; 30 TAC §§101.20(1), 122.143(4), and 122.145(2)(A), 40 CFR §60.565(k)(4), FOP Permit Number O-01310, and THSC, §382.085(b), by failing to submit a timely deviation report; and 30 TAC §101.20(1) and §122.143(4), 40 CFR §60.482-7(a), FOP Permit Number O-01310, and THSC, §382.085(b), by failing to conduct fugitive monitoring; PENALTY: $25,500; ENFORCEMENT COORDINATOR: Miriam Hall, (903) 535-1044; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(9) COMPANY: City of Dodd City; DOCKET NUMBER: 2005-0740-MWD-E; IDENTIFIER: RN101608867; LOCATION: Dodd City, Fannin County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10538001, and the Code, §26.121(a), by failing to maintain compliance with the permitted effluent limits for five-day biochemical oxygen demand (BOD5), total suspended solids (TSS), DO, pH, and fecal coliform bacteria; and 30 TAC §312.123 and TPDES Permit Number 10538001, by failing to submit an annual sludge report; PENALTY: $12,280; ENFORCEMENT COORDINATOR: Sandy VanCleave, (903) 535-0667; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: City of Dublin; DOCKET NUMBER: 2004-0573-MWD-E; IDENTIFIER: RN101918308, TPDES Permit Number WQ0010405001; LOCATION: Dublin, Erath County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010405001, and the Code, §26.121(a), by failing to comply with the permitted effluent limits for pH and BOD5; PENALTY: $7,400; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: Enterprise Products Operating L.P.; DOCKET NUMBER: 2005-1905-AIR-E; IDENTIFIER: RN102323268; LOCATION: Mont Belvieu, Chambers County, Texas; TYPE OF FACILITY: natural gas liquids and industrial organic chemicals; RULE VIOLATED: 30 TAC §116.115(c), Air New Source Permit Numbers 20698 and 5581, and THSC, §382.085(b), by failing to operate within the permitted limits of Air New Source Permit Numbers 20698 and 5581; PENALTY: $9,480; ENFORCEMENT COORDINATOR: Amy Burgess, (512) 239-2540; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(12) COMPANY: Enterprise Products Operating L.P.; DOCKET NUMBER: 2006-0100-AIR-E; IDENTIFIER: RN102580834; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: loading operations dock; RULE VIOLATED: THSC, §382.085(a), by failing to prevent unauthorized emissions of 170 pounds (lbs.) of carbon monoxide, 84 lbs. of nitrogen dioxide, and 6,891 lbs. of propane; and 30 TAC §21.4 and the Code, §5.702, by failing to pay the late fee for consolidated water quality fees; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Scott Barnett, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: GL James Investments, L.L.C. dba Country Boy Store; DOCKET NUMBER: 2005-2014-PST-E; IDENTIFIER: RN101540854; LOCATION: McKinney, Collin County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(4) and the Code, §26.3475(d), by failing to have the cathodic protection system tested by a qualified corrosion specialist; 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; and 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $5,760; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: Harris County Municipal Utility District Number 8; DOCKET NUMBER: 2004-0970-WQ-E; IDENTIFIER: TPDES Permit Number 11727-001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11727-001, and the Code, §26.121(a), by failing to comply with the permitted limits for TSS and Total NH3; PENALTY: $6,280; ENFORCEMENT COORDINATOR: Amy Burgess, (512) 239-2540; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15) COMPANY: City of Hillsboro; DOCKET NUMBER: 2003-0036-MWD-E; IDENTIFIER: RN102844180; LOCATION: Hillsboro, Hill County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10630-001, and the Code, §26.121(a), by failing to comply with the permitted limits for NH3, DO, total residual chlorine, TSS, and BOD5; PENALTY: $15,900; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(16) COMPANY: City of Lawn; DOCKET NUMBER: 2005-1136-PWS-E; IDENTIFIER: RN101406916; LOCATION: Lawn, Taylor County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and (5) and THSC, §341.0315(c), by exceeding the maximum contaminant level (MCL) for trihalomethanes (TTHM) and haloacetic acid; PENALTY: $895; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(17) COMPANY: Lyondell Chemical Company; DOCKET NUMBER: 2005-2012-AIR-E; IDENTIFIER: RN102523107; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F), Air Permit Number 9395, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(18) COMPANY: Maverick Tube, L.P.; DOCKET NUMBER: 2005-2049-AIR-E; IDENTIFIER: RN100543131; LOCATION: Conroe, Montgomery County, Texas; TYPE OF FACILITY: fabricated and fittings plant; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit a complete annual compliance certification; PENALTY: $4,060; ENFORCEMENT COORDINATOR: Sherronda Martin, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: Monument Inn, Inc.; DOCKET NUMBER: 2006-0058-MWD-E; IDENTIFIER: RN101527737; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 13666001, and the Code, §26.121(a), by failing to comply with permitted effluent limits for DO, TSS, flow, and chlorine; PENALTY: $5,160; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(20) COMPANY: Petroleum Wholesale, L.P. dba Sunmart 153 and Sunmart 289; DOCKET NUMBER: 2005-2050-PST-E; IDENTIFIER: RN101932127 and RN102060324; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience stores with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,936; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(21) COMPANY: Regent Coach Line, Limited; DOCKET NUMBER: 2005-2036-MLM-E IDENTIFIER: RN10372752; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: bus charter service; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to obtain authorization to discharge storm water associated with charter bus activities; and 30 TAC §330.5(c), by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(22) COMPANY: Len D. Jordan dba Sail Haven; DOCKET NUMBER: 2005-2063-PWS-E; IDENTIFIER: RN101213452; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by exceeding the MCL for TTHM; PENALTY: $323; ENFORCEMENT COORDINATOR: Dana Shuler, (512) 239-2505; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(23) COMPANY: Talley Water Supply Corporation; DOCKET NUMBER: 2005-2021-PWS-E; IDENTIFIER: RN101221646; LOCATION: Marshall, Harrison County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by exceeding the MCL for TTHM; PENALTY: $313; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(24) COMPANY: Town of Mustang; DOCKET NUMBER: 2005-1503-MWD-E; IDENTIFIER: RN102807864; LOCATION: Mustang, Navarro County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11516001, and the Code, §26.121(a), by failing to comply with permit effluent limits for TSS, BOD5, and DO and by failing to submit monitoring results at the intervals specified in the permit; PENALTY: $10,947; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(25) COMPANY: Gil Villa dba Villa Dairy; DOCKET NUMBER: 2005-1969-AGR-E; IDENTIFIER: RN104772207; LOCATION: Ballinger, Runnels County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.47(b)(3)(A), by failing to beneficially use wastewater and manure in a manner that will protect surface and groundwater quality; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

TRD-200601721

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: March 21, 2006

The Texas Health and Human Services Commission announces its intent to submit Transmittal Number TX 06-017, Amendment Number 735, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The amendment is effective as of January 1, 2006.

The Centers for Medicare and Medicaid Services (CMS) has updated its state plan forms to include information concerning the new Medicare prescription drug benefits program created under Title 1 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA). Amendment 735 complies with a request by CMS to update the state plan for the Primary Care Case Management (PCCM) program using the revised forms. This amendment adds language to the state plan assuring CMS that the state will comply with all applicable requirements of the MMA.

The State estimates that the amendment will not result in a fiscal impact to state or federal funds over the next two fiscal years.

To obtain copies of the amendment, interested parties may contact Gilbert Estrada, Policy Analyst, Medicaid/CHIP Division, by telephone at (512) 491-1331 or by e-mail at Gilbert.Estrada@hhsc.state.tx.us.

TRD-200601754

Steve Aragon

Chief Counsel

Texas Health and Human Services Commission

Filed: March 22, 2006

The Texas Health and Human Services Commission (HHSC) announces its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. This amendment will revise the Reimbursement Methodology for Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR) to allow for a mid-year partial settlement of the interim rate and a corresponding adjustment to the interim rate for the remainder of the state fiscal year to account for actual increases in costs to operate state operated facilities that were not anticipated in the initial interim rate. HHSC is taking this action so that adequate funds are available to serve clients in these facilities. This action will allow the state to increase necessary federal funding closer to when costs are incurred rather then waiting for the annual settlement calculation to make these adjustments. The annual settlement will continue to be conducted.

The proposed amendment is to be effective April 1, 2006 with the settlement calculation and interim rate adjustment made for the entire state fiscal year. The amendment is expected to increase federal matching funds to the state for the ICF/MR program as follows:

FY 2006: $22,805,048

To obtain copies of the proposed amendment, interested parties may contact Carolyn Pratt by mail at Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200 or by telephone at (512) 491-1359. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.

TRD-200601733

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: March 22, 2006

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

Application for admission to Texas of NATIONAL VISION ADMINISTRATORS, L.L.C. (using the assumed name of E-VNA, L.L.C.), a foreign third party administrator. The home office is CLIFTON, NEW JERSEY.

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-200601745

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: March 22, 2006

The Texas Department of Licensing and Regulation announces a vacancy on the Property Tax Consultants Advisory Council established by Texas Occupations Code, Chapter 1152. The pertinent rules may be found in 16 TAC §66.65. The purpose of the Property Tax Consultants Advisory Council is to advise the Texas Commission of Licensing and Regulation on standards of practice, conduct, and ethics for registrants; setting fees; examination contents and standards of performance for senior property tax consultants; recognition of continuing education programs and courses for registrants; and establishing educational requirements for initial applicants.

The Council is composed of six members appointed by the presiding officer of the Commission, with the Commission's approval. The Council consists of six registered property tax consultants. Each person appointed for membership on the council must: be a registered senior property tax consultant; be a member of a nonprofit, voluntary trade association that has a membership primarily composed of individuals who perform property tax consulting services in this state or who engage in property tax management in this state for other persons, has written experience and examination requirements for membership, and subscribes to a code of professional conduct or ethics; be a resident of this state for the five years preceding the date of the appointment; and have performed or supervised the performance of property tax consulting services as the individual's primary occupation continuously for the five years preceding the date of the appointment. Members serve staggered three-year terms. This announcement is for one position of a registered property tax consultant.

Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, FAX (512) 475-2874 or Email jackie.revilla@license.state.tx.us. Applications may also be downloaded from the Department website at: www.license.state.tx.us.

Applicants may be asked to appear for an interview; however, any required travel for an interview would be at the applicant's expense.

TRD-200601730

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: March 21, 2006

The Public Utility Commission of Texas received an application on March 16, 2006, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Application of Cox Communications for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 32513 before the Public Utility Commission of Texas.

Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 32513.

TRD-200601722

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 21, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on March 15, 2006, for retail electric provider (REP) certification, pursuant to Public Utility Regulatory Act (PURA) §§39.101 - 39.109. A summary of the application follows.

Docket Title and Number: Application of SGE Energy Management, Ltd. for Retail Electric Provider (REP) certification, Docket Number 32507 before the Public Utility Commission of Texas.

Applicant's requested service area by geography includes the area of the Electric Reliability Council of Texas (ERCOT).

Persons wishing 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 April 7, 2006. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 32507.

TRD-200601707

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 20, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on March 15, 2006, for retail electric provider (REP) certification, pursuant to Public Utility Regulatory Act (PURA) §§39.101 - 39.109. A summary of the application follows.

Docket Title and Number: Application of Fulcrum Power Services, L.P. for Retail Electric Provider (REP) certification, Docket Number 32510 before the Public Utility Commission of Texas.

Applicant's requested service area by geography includes the entire state of Texas.

Persons wishing 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 April 7, 2006. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 32510.

TRD-200601708

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 20, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on March 17, 2006 for service area boundary exception within Real County, Texas.

Docket Style and Number: Application of Pedernales Electric Cooperative, Inc. for an Amendment to Certificate of Convenience and Necessity for Service Area Exception within Real County. Docket Number 32518.

The Application: Pedernales Electric Cooperative, Inc. (PEC) and Bandera Electric Cooperative (BEC) requested a boundary exception to allow PEC to provide electric service to a single customer, Mr. Rick Bosely. BEC has agreed to the proposed boundary exception between the two companies because PEC has facilities closest to the site, and it will therefore cost PEC less than BEC to extend facilities to the customer.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than April 10, 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) 1-800-735-2989. All comments should reference Docket Number 32518.

TRD-200601726

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 21, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on March 17, 2006 for service area boundary exception within Sutton County, Texas.

Docket Style and Number: Application of Pedernales Electric Cooperative, Inc. for an Amendment to Certificate of Convenience and Necessity for Service Area Exception within Sutton County. Docket Number 32517.

The Application: Pedernales Electric Cooperative, Inc. (PEC) and Southwest Texas Electric Cooperative (SWTEC) requested a boundary exception to allow PEC to provide electric service to a single customer, Mr. C. R. Sproul. SWTEC has agreed to the proposed boundary exception between the two companies because PEC has facilities closest to the site, and it will therefore cost PEC less than SWTEC to extend facilities to the customer.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than April 10, 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) 1-800-735-2989. All comments should reference Docket Number 32517.

TRD-200601725

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 21, 2006

Notice is given to the public of the filing on March 17, 2006, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.215. The Applicant will file the LRIC study on or before March 27, 2006.

Docket Title and Number: Application of Southwestern Bell Telephone Company, L.P. d/b/a AT&T Texas for Approval of LRIC Study For Pay Telephone Exchange Access Service (PTEAS) Pursuant to P.U.C. Substantive Rule 26.215, Docket Number 32522.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 32522. Written comments or recommendations should be filed no later than forty-five (45) days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 32522.

TRD-200601724

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 21, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas of a revised application filed on March 14, 2006, for a Certificate of Convenience and Necessity for service area exception within Bell County, Texas.

Docket Style and Number: Application of TXU Electric Delivery Company (TXU) for a Certificate of Convenience and Necessity for Service Area Exception within Bell County. Docket Number 32439.

The Application: Elm Creek Water Supply has requested electric service to a single point of service to serve a 65 hp pumping unit motor. The proposed site is located in the singly certificated area of TXU and the nearest TXU electric facilities are located approximately 3 miles to the South. McLennan County Electric Cooperative, Inc (McLennan) presently operates existing electric facilities less than 1/2 mile from the location. TXU proposes a service area exception to allow McLennan to serve the proposed Elm Creek load. TXU is relinquishing the right to serve the consuming facility that McLennan seeks to serve. Both applicants are in agreement and support the application.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than April 7, 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) 1-800-735-2989. All comments should reference Docket Number 32439.

TRD-200601723

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 21, 2006