IN ADDITION The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Texas Commission on Alcohol and Drug Abuse Notice of Public Hearings The Alcohol and Drug Abuse and Mental Health Administration (ADAMHA) Reorganization Act of 1992 (Public Law 102-321) requires that the State Plan which details provisions for complying with funding agreements for the Substance Abuse Prevention and Treatment (SAPT) Block Grant, be made available for public comment during the development of and after submission of the plan. Consistent with this mandate, the Texas Commission on Alcohol and Drug Abuse (TCADA) is holding five public hearings in February. The purpose of these hearings is to solicit comments on the Fiscal Year 1995 Substance Abuse Prevention and Treatment Block Grant State Plan and to solicit comments to assist the commission in the development of the State Plan for the Fiscal Year 1996 SAPT Application. Five public hearings have been scheduled as follows: February 6, 1995, Amarillo, 1:00-3:00 p.m., Panhandle Regional Planning Commission, 415 West Eighth Avenue; February 7, 1995, Arlington, 9:00-11:00 a.m., City Hall Council Chambers, 101 West Abram Street; February 8, 1995, El Paso, 9:00-11:00 a.m., Rio Grande Council of Government, 1100 North Stanton, Suite 610; February 9, 1995, Victoria, 1:00-3:00 p.m., The Meeting Place at Victoria Mall, Navarro Street at Loop 463; February 10, 1995, Austin, 1:00-3:00 p.m., Texas Department of Health, Board of Health Room M-739, Robert D. Moreton Building, 1100 West 49th. Representatives from the Texas Commission on Alcohol and Drug Abuse will be present to explain the planning process and to consult with and receive comments from interested citizens and affected groups. All written and oral comments will be considered in the preparation of the final plan. A summary of TCADA's intended use plan from the State Application for Fiscal Year 1995 SAPT funds will be provided at the hearings, along with copy of the full Fiscal Year 1995 State Application, which was recently submitted to Substance Abuse and Mental Health Services Administration (SAMHSA). Additional copies are available for the cost of reproduction by contacting the Texas Commission on Alcohol and Drug Abuse, J. Ben Bynum, Executive Director, 710 Brazos, Austin, Texas 78701-2576, (512) 867-8700, contact person: Reagan Faulkner. In addition to public comment taken at the hearings, the commission will accept written comments through March 10, 1995. TCADA complies with the Americans with Disabilities Act. Spanish-language interpreters and interpreters for the hearing impaired will be provided upon request. Please contact Reagan Faulkner at (512) 867-8140 ten working days prior to the public hearing to request these services. If you are an individual with other disability and need a reasonable accommodation, please notify the Commission ten days in advance of the hearing date to allow accommodations to be made. Issued in Austin, Texas, on January 23, 1995. TRD-9500921 J. Ben Bynum Executive Director Texas Commission on Alcohol and Drug Abuse Filed: January 23, 1995 Ark-Tex Council of Governments Request for Proposal, Title IIB The Ark-Tex Council of Governments (ATCOG) is soliciting proposals for the provision of training under Title IIB of the Job Training Partnership Act (JTPA). For the Title IIB Request for Proposal (RFP), allowable training activities may include, but are not limited to: Texas Academic Skills Program (TASP) and Texas Assessment of Academic Skills (TAAS) preparation; computer assisted instruction, basic education skills remediation; and/or English as a Second Language. SCANS competencies, skills, and qualities must be incorporated into the summer academic programs. The period of performance is June 1, 1995-September 30, 1995. The deadline for proposal submission is 5:00 p.m., Tuesday, February 28, 1995. Training must be provided by Texas Education Agency/Texas Higher Education Coordinating Board approved institutions that are either 1) accredited independent school districts, community colleges or post-secondary institutions, institutions of higher education, 2) private businesses, trade, technical or vocational schools certified by TEA, 3) the Texas State Technical College, or 4) education service centers. Proposals shall be evaluated in terms of the following criteria: project implementation, cost of service and training staff/individuals served, project management, past performance, and other resources. The Ark-Tex Private industry Council will score the proposals and make the selections. Respondents will be notified in writing of the date, time, and place of the meeting at which the proposals will be scored. The service area includes the following counties in Texas: Bowie, Cass, Delta, Franklin, Hopkins, Lamar, Morris, Red River, and Titus. In order to ensure that all respondents are provided sufficient assistance in completing proposals, a respondent's conference will be held at the Ark-Tex Council of Governments Conference Room, Building A, Centre West, 911 North Bishop Road, Texarkana, Texas on Tuesday, January 31, 1995, at 2:00 p.m. Potential respondents may obtain a copy of the RFP, Scoring Guidelines and Procedures, and Project Scoring Criteria by contacting Genevieve Burtchell or Cindy Wright, Ark-Tex Council of Governments, P.O. Box 5307, Texarkana, Texas 75505, or call (903) 832-8636. Issued in Austin, Texas, on January 16, 1995. TRD-9500778 James C. Fisher, Jr. Executive Director Ark-Tex Council of Governments Filed: January 19, 1995 Office of Consumer Credit Commissioner Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Texas Civil Statutes, Title 79, Articles 1.04, and 1.05, as amended (Texas Civil Statutes, Articles 5069-1.04 and 1.05). [graphic] Issued in Austin, Texas, on January 17, 1995. TRD-9500777 Leslie J. Pettijohn Acting Commissioner Filed: January 19, 1995 Employees Retirement System of Texas Amendment to Request for Proposals This amendment is concerning a Request for Proposal (RFP) published in the December 23, 1994, issue of the Texas Register (19 TexReg 10269) for Life, Accident, and Disability coverages for the Texas Employees Uniform Group Insurance Program (UGIP). The amendment requests an alternate bid in addition to the bid described in the original RFP. The alternate bid will be for a fully insured life plan under a minimum premium arrangement. Due to the addition of this alternate bid, the deadline for submission of proposals is extended to February 15, 1995, 5:00 p.m. For further information regarding this notice or to obtain copies of the RFP instructions, please contact James W. Sarver, Director, Group Insurance Division, Employees Retirement System of Texas, 18th and Brazos, P.O. Box 13207, Austin, Texas 78711-3207, (512) 867-3217. Issued in Austin, Texas, on January 23, 1995. TRD-9500925 Charles D. Travis Executive Director Employees Retirement System of Texas Filed: January 23, 1995 The Texas Department of Health Correction of Error The Texas Department of Health adopted new sec.37.185, concerning standards of practice and principles of midwifery care. The rule appeared in the December 13, 1994, issue of the Texas Register (19 TexReg 9857). Due to an error in the agency's submission, two corrections need to be made. Section 37.185(b)(3)(D)(iii)(XXXIV) was published as "post-term pregnancy, 525>42 and zero/seven weeks;" The correct language should read: "post-term pregnancy, 525>42 and zero days;" Section 37.185(b)(3)(D)(vi) was published as "If any of the following conditions or symptoms are noted during labor, deliver, or..." The correct language should read: "If any of the following conditions or symptoms are noted during labor, delivery, or..." Notice of Rescission of Order Notice is hereby given that the Bureau of Radiation Control, Texas Department of Health, rescinded the following order: Emergency Cease and Desist Order and Notice of Violation issued November 9, 1994, to Jerry R. Ellis, D.D.S., 404 West Highway 287, Midlothian, Texas 76065, holder of Certificate of Registration Number R14503. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, the Exchange Building, 8407 Wall Street, Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on January 23, 1995. TRD-9500930 Susan K. Steeg General Counsel Office of General Counsel Texas Department of Health Filed: January 23, 1995 Texas Department of Human Services Notice of Rescheduled Public Hearing-Capacity Assessment Tool The Texas Department of Human Services (DHS), the Texas Department of Mental Health and Mental Retardation (TDMHMR), and the Texas Department of Health (TDH) have rescheduled their joint public hearing concerning the capacity assessment memorandum of understanding (MOU) and tool. DHS, TDMHMR, and TDH are canceling the hearing originally scheduled for Thursday, February 2, 1995. The notice of the public hearing was published in the December 16, 1994, issue of the Texas Register (19 TexReg 10041). The new date for the hearing is Tuesday, February 28, 1995, at 1:00 p.m., in Classroom 1, Second Floor, West Tower, John H. Winters Building, 701 West 51st Street, Austin. Senate Bill 236, passed by the 73rd Texas Legislature, directed the Texas Health and Human Services Commission to develop a uniform tool for assessing the decision-making capacity of persons who are elderly, persons with mental retardation, or persons with a developmental disability who reside in facilities regulated by DHS, TDMHMR, and TDH. The capacity assessment tool is used to recommend referral for guardianship or used for a recommendation for a surrogate decision maker for providing informed consent. Copies of the capacity MOU and tool are available from Wendy Francik in DHS's Institutional Policy Section by telephoning (512) 450-3167. Issued in Austin, Texas, on January 23, 1995. TRD-9500927 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Filed: January 23, 1995 Texas Department of Insurance Correction of Error The Texas Department of Insurance proposed an amendment to sec.5.4001, the plan of operation of the Texas Catastrophe Property Insurance Association (TCPIA). The rule appeared in the January 13, 1995, issue of the Texas Register (20 TexReg 196). Due to an error in submission, the introduction of the proposal erroneously stated that "Subsection (b)(2)M) is amended to provide that the executive committee shall consist of at least three, and not more than four, of the directors of the association (currently there are only three members, the chairman, vice chairman, and secretary-treasurer), and that the board of directors may elect an additional director to be a member of the executive committee to ensure inclusion of at least one company, one agent, and one public member on the executive committee. Subsection (b)(3)(A), relating to number of officers of the TCPIA, is amended to conform this provision to the changes proposed to subsection (b)(2)(M)." These amendments are not being proposed, but rather only those amendments indicated in the published text of subsections (b)(2)(M) and (b)(3)(A) are being proposed. Texas Natural Resource Conservation Commission Correction of Error The Texas Natural Resource Conservation Commission adopted new sec.330.733, concerning the agreement of the TNRCC to inspect asbestos disposal sites under its jurisdiction for conformance with 40 Code of Federal Regulations (CFR) Part 61, Subpart M, sec.61.154, for the Texas Department of Health. The Commission submission contained an error. On page 227, under sec.330.733(a), line 15 should read "...regulation of emissions related to asbestos demolition and renovation activities per 40 CFR Part 61,...". Enforcement Order An agreed enforcement order was entered regarding AGE REFINING, INC. AND HOWELL HYDROCARBONS AND CHEMICALS, INC., Docket Number 95-0104-IHW-E (SWR Number 34356) on January 17, 1995, assessing $25,560 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Vic McWherter, Staff Attorney, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-0579. Issued in Austin, Texas, on January 20, 1995. TRD-9500885 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: January 20, 1995 Extension of Comment Period The Texas Natural Resource Conservation Commission (TNRCC) announces an extension of the deadline to receive comments for proposed sec.331.62, Subchapter D, concerning Standards for Class I Wells Other than Salt Cavern Solid Waste Disposal Wells. The rule was published in the December 20, 1994, issue of the Texas Register (19 TexReg 10081). The deadline to receive comments has been extended from 5:00 p.m., Friday, January 20, 1995, to 5:00 p.m., Monday, February 20, 1995. Written comments on the proposal may be submitted to Kathleen Vail, Geologist, Underground Injection Control Unit, Uranium and Radioactive Waste Section, Industrial and Hazardous Waste Division, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. Comments may also be faxed to (512) 239-6361. If you have questions relating to this publication, you may contact Bettie M. Bell at (512) 239-6087. Issued in Austin, Texas, on January 19, 1995. TRD-9500809 Kevin McCalla Director, Legal Services Division Texas Natural Resource Conservation Commission Filed: January 19, 1995 Notices of Application for Amendments To Certificates of Adjudication Pursuant to Texas Water Code sec.11.122 Requiring Notice ot Interjacent Appropriators The following notice was mailed January 18, 1995: Colorado River Municipal Water District, and Obie P. and Nancy A. Leonard; Application Number 14-2472A to amend Certificate of Adjudication Number 14-2472, pursuant to sec.11.122 Texas Water Code, and Title 30 Texas Administrative Code sec.295.158(c)(2)(E) and (F); Colorado River, Colorado River Basin; Mills and San Saba Counties. Certificate of Adjudication Number 14-2472 was issued August 31, 1983, to John W. Childress, Charles L. Williams, and D. E. Jackson, doing business as CWJ Company, and authorized diversion and use of not to exceed 1460 acre-feet of water per annum from the Colorado River to irrigate a maximum of 365 acres of land out of a 1,212-acre tract in Concho County, Texas; and diversion from two points on the Colorado River, at a maximum combined rate of 4.46 cubic feet per second (cfs) (2,000 gallons per minute (gpm)). Commission ownership records show that the land and the entire water right were acquired in 1988 by the CRMWD. Upon successful completion of this present application, CRMWD intends to sell this water right to the Leonards. The applicant, CRMWD, requests an amendment to this water right to change the place of use to irrigate 365 acres out of two tracts totalling 3089.46 acres, in Mills County (1720.97 acres) and San Saba County (1368.49 acres); approximately 10.5 miles southwest of Goldthwaite, and 11 miles north of San Saba; and delete the two existing diversion points, and establish 11 new diversion points (7 of which are already authorized under Certificate Number 14-2550). The proposed new diversion points are approximately 60 miles downstream from the two existing diversion points authorized under this certificate (which are to be deleted). The maximum combined diversion rate will remain unchanged at 4.46 cubic feet per second (cfs) (200 gallons per minute (gpm)). This application is subject to a Commission resolution adopted August 18, 1993, which directs the Commission's Executive Director to act on behalf of the Commission and issue final approval of certain permit matters. The Executive Director will issue the amendment to the Certificate of Adjudication unless one or more persons file written protests and/or requests for hearing within 14 days of the date of notice. If you wish to request a public hearing, you must submit your request in writing. You must state your name, mailing address and daytime phone number; the application number or other recognizable reference to the application; the statement "I/we request an evidentiary public hearing"; a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; and a description of the location of your property relative to the applicant's operations. If one or more protests and/or requests for hearing are filed on an application, the Executive Director will not issue the permit and will forward the application to the Office of Hearings Examiners where an evidentiary hearing may be held. If no protests or requests for hearing are filed, the Executive Director will approve the application. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit. Requests for a public hearing or questions concerning procedures should be submitted in writing to the Chief Clerk's Office, Park 35 TNRCC Complex, Building F, Room 4301, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 239-3300. Issued in Austin, Texas, on January 20, 1995. TRD-9500887 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: January 20, 1995 Notice of Applications for Waste Disposal Permits Notices of Applications for waste disposal permits issued during the period of January 13th to January 20, 1995. These applications are subject to a Commission resolution adopted August 18, 1993, which directs the Commission's Executive Director to act on behalf of the Commission and issue final approval of certain permit matters. The Executive Director will issue these permits unless one or more persons file written protests and/or a request for a hearing within 30 days after newspaper publication of this notice. If you wish to request a public hearing, you must submit your request in writing. You must state your name, mailing address and daytime phone number; the permit number or other recognizable reference to this application; the statement "I/we request a public hearing;" a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; a description of the location of your property relative to the applicant's operations; and your proposed adjustment to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. If one or more protests and/or requests for hearing are filed, the Executive Director will not issue the permit and will forward the application to the Office of Hearings Examiners where a hearing may be held. In the event a hearing is held, the Office of Hearings Examiners will submit a recommendation to the Commission for final decision. If no protests or requests for hearing are filed, the Executive Director will sign the permit 30 days after publication of this notice or thereafter. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit. Information concerning any aspect of these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 239-3300. Listed are the name of the applicant and the city in which the facility is located, type of facility, location of the facility, permit number and type of application-new permit, amendment, or renewal. DIMMITT FEEDYARD; cattle feedlot; on the east side of FM Road 1055 immediately north of the intersection of FM Road 1055 and State Highway 86 approximately 5.5 miles west of the City of Dimmitt in Castro County, Texas; amendment; 01633. CITY OF HOUSTON; wastewater treatment plant; approximately 1,320 feet north of the intersection of State Highway 249 and Mills Road, and approximately 2.0 miles southeast of the intersection of State Highway 249 and FM Road 1960 in Harris County, Texas; new; 10495-126. REGENCY CONVERSIONS, INC.; wastewater treatment plant; is west of Interstate Highway 35W, at the intersection of Golden Triangle Boulevard and the west service road for Interstate Highway 35W in Tarrant County, Texas; renewal; 12982-01. ROYAL INDEOPENDENT SCHOOL DISTRICT; wastewater treatment plant; are at 2520 Durkin Road, in the City of Brookshire, in Waller County, Texas; renewal; 10873- 01. CITY OF VERNON; water treatment facility; is approximately 0.8 mile northeast of the intersection of U.S. Highway 283 and Fort worth and Denver Railroad in the City of Vernon in Wilbarger County, Texas; amendment; 10377-01. UNITED STATES DEPARTMENT OF THE ARMY, Red River Army Depot; is approximately 18 miles west of the City of Texarkana, Bowie County, Texas; renewal; 02206. Issued in Austin, Texas, on January 20, 1995. TRD-9500888 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: January 20, 1995 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions. The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Texas Clean Air Act, sec.382.096 Health and Safety Code Chapter 382. The Act, sec.382.096 requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 382.096 requires that notice of the proposed orders and 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 February 26, 1995. Section 382.096 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment indicates the proposed AO is inappropriate, improper, inadequate or inconsistent with the requirements of the Texas Clean Air Act. Additional notice is not required if changes to an AO are made in response to written comments. A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-0600 and at the applicable Regional Office listed in this notice. Written comments about these AOs should be sent to the Staff Attorney designated for each AO at the TNRCC's Central Office at P.O. Box 13087 Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 26, 1994. Written comments may also be sent by facsimile machine to the Staff Attorney at (512) 239-3434. The TNRCC Staff Attorneys are available to discuss the AOs and/or the comment procedure at the listed phone number; however, sec.382.096 provides that comments on the AOs should be submitted to the TNRCC in writing. (1) COMPANY: Airdyne, Inc., ACCOUNT NUMBER: HG-4999-N, DOCKET NUMBER: 95-0154- AIR-E, LOCATION: Houston, Harris County, TYPE OF FACILITY: compressor sales and service plant, RULE VIOLATED: Notice of the following violations were received by the company on or about April 21, 1993. TNRCC Rule 30 TAC sec.116.110(a) by constructing and operating a sandblasting operation which may emit air into the air of the state without first obtaining a permit or qualifying for a standard exemption, OPENALTY: $0.00, STAFF ATTORNEY: Kerri Rowland, (512) 239-5693, REGIONAL OFFICE: 4150 Westheimer, Houston, Texas 77027-4417, (713) 625-7900. (2) COMPANY: American Accents, ACCOUNT NUMBER: BL-0435-G, DOCKET NUMBER: 95- 0155-AIR-E, LOCATION: Manvel, Brazoria County, TYPE OF FACILITY: sandblasting and painting plant, RULE VIOLATED: The notice of the following violations were received by the company on or about March 29, 1994. TNRCC Rule 30 TAC sec.116.110(a) by constructing and operating a sandblasting and painting plant which may emit air into the air of the state without first obtaining a permit or qualifying for a standard exemption, OPENALTY: $0.00, STAFF ATTORNEY: Kerri Rowland, (512) 239-5693, REGIONAL OFFICE: 4150 Westheimer, Houston, Texas 77027- 4417 (713) 625-7900. (3) COMPANY: American Signature, ACCOUNT NUMBER: DB-0772-K, DOCKET NUMBER: 95- 0183-AIR-E, LOCATION: Dallas, Dallas County, TYPE OF FACILITY: printing plant, RULE VIOLATED: The following violations were received by the company on February 5, 1994. TNRCC Rule 30 TAC sec.116.115 and the Texas Clean Air Act, sec.382.085(b) exceeding the materials usage rate limits and failing to maintain proper records of emissions and material usage, OPENALTY: $6,000, STAFF ATTORNEY: Patricia Ann Hershey, (512) 239-0587, REGIONAL OFFICE: 6421 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas 76116, (817) 732-5531. (4) COMPANY: APAC, Texas, ACCOUNT NUMBER: DB-0957-T, DOCKET NUMBER: 95-0156- AIR-E, LOCATION: Dallas, Dallas County, TYPE OF FACILITY: asphalt batch plant, RULE VIOLATED: Notice of the following violations were received by the company on or about December 5, 1993, OPENALTY: $2,500, STAFF ATTORNEY: Kerri Rowland, (512) 239-5693, REGIONAL OFFICE: 6421 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas 76116, (817) 732-5531. (5) COMPANY: Border Lite, Inc., ACCOUNT NUMBER: SM-0040-W, DOCKET NUMBER: 95- 0172-AIR-E, LOCATION: Rio Grande City, Starr, Texas, TYPE OF FACILITY: grain elevator, RULE VIOLATED: The following violations were received by the company on July 15, 1993. TNRCC Rule 30 TAC sec.116.110(a), constructing and operating a facility without a permit or qualifying for a standard exemption. OPENALTY: $1,100, STAFF ATTORNEY: Janis Boyd Hudson, (512) 239-0466, REGIONAL OFFICE: 513 East Jackson, Harlingen, Texas 78550, (210) 425-6010. (6) COMPANY: CJC Holdings, Incorporated doing business as Art Carved, ACCOUNT NUMBER: TH-0108-N, DOCKET NUMBER: 95-0158-AIR-E, LOCATION: 7500 South IH 35, Austin Travis County, TYPE OF FACILITY: graduation/wedding ring manufacturing plant, RULE VIOLATED: The following violations were received by the company on June 22, 1992. TNRCC Rule 30 TAC sec.101.4 and the Texas Clean Air Act, sec.382.085(b) (TCAA) by emitting smoke and odors from melting ovens in such concentration and for such duration as to constitute a nuisance condition, OPENALTY: $3,000, STAFF ATTORNEY: Geoff Petrov, (512) 239-0677, REGIONAL OFFICE: 1700 South Lamar Boulevard, Building 1, Room 101, Austin, Texas 78704, (512) 463-7803. (7) INDIVIDUAL NAME: Robert and June Carroll, ACCOUNT NUMBER: LC-0017-L, D0CKET NUMBER: 95-0163-AIR-E, LOCATION: Lampasas, Lampasas County, TYPE OF FACILITY: a salvage yard, RULE VIOLATED: TNRCC Rule 30 TAC sec.111.101 by unauthorized outdoor burning, NOTICE: The TNRCC mailed notice of the previously referenced violation to the company on March 13, 1992 and January 13, 1994, OPENALTY: $0.00, STAFF ATTORNEY: Rachael Rawlins, (512) 239-0673, REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7807, (817) 751-0335. (8) COMPANY: Composite Technology Engine Components, ACCOUNT NUMBER: HK-0044-D, DOCKET NUMBER: 95-0173-AIR-E, LOCATION: San Marcos, Hays, Texas, TYPE OF FACILITY: engine component manufacturing, RULE VIOLATED: The following violations were received by the company on January 2, 1992. TNRCC Rule 30 TAC sec.116.110(a), constructing and operating a facility without a permit or qualifying for a standard exemption and TNRCC Rule 30 TAC sec.116.115 by operating in violation of permit provision limiting operating hours, failing to keep certain records and violating emission limits in permit, OPENALTY: $13, 275, STAFF ATTORNEY: Janis Boyd Hudson, (512) 239-0466, REGIONAL OFFICE: 1700 South Lamar Boulevard, Building 1, Number 101, Austin, Texas 78704, (512) 463- 7803. (9) COMPANY: Enron Methanol Company, ACCOUNT NUMBER: HG-0713-S, DOCKET NUMBER: 95-0164-AIR-E, LOCATION: Pasadena, Harris County, TYPE OF FACILITY: Petrochemical manufacturing plant, RULES VIOLATED: TNRCC Rules 30 TAC sec.116. 116, sec.115.112(A)(3) and sec.101.7(a) by operating twelve methanol storage tanks equipped with six vent condensers at temperatures higher than the 6.5 -20 degrees fahrenheit limit represented in TNRCC Permit Application Number 7694; TNRCC Rule 30 TAC sec.115.116(a)(3)(B) by failing to continuously monitor and record the inlet and outlet gas temperature of six freon chilled condensers; and TNRCC Rules 30 TAC sec.116.115 and sec.115.332(4), and Texas Air Control Board Agreed Order Number 89-06(x) by failing to comply with General Provision Number 7E of TNRCC Permit Number 7694 which requires that each open-ended valve or line shall be equipped with a cap, blind flange, plug or a second valve, NOTICE: The TNRCC mailed notice of the previously referenced violation on July 15, 1993, OPENALTY: $42,600, STAFF ATTORNEY: Rachael Rawlins, (512) 239-0673, REGIONAL OFFICE: 4150 Westheimer, Houston, Texas 77027-4417, (713) 625-7987. (10) COMPANY: Exxon Chemical Company, ACCOUNT NUMBER: CI-009-P, D0CKET NUMBER: 95-0165-AIR-E, LOCATION: Mt. Belvieu, Chambers County, Texas, TYPE OF FACILITY: a plastics plant, RULES VIOLATED: TNRCC 30 TAC sec.116.115 by failing to route all relief valves to flares as required by General Provision Number 7 of TNRCC Permit Number 19016 and TNRCC Rule 30 TAC sec.101.20(1) by violating 40 CFR Part 60 (New Source Performance Standards (NSPS)), Subparts Kb and VV. Specifically, the Company's alleged violations are: (1) equipping, from September 6, 1990 to February 2, 1994, two hexane storage tanks with a single vapor mounted seal rather than a liquid-mounted seal, or two seals, or a mechanical shoe seal as required by 40 CFR sec.60.112b(a)(1)(ii); and (2) failing to conduct specified tests on a flare between the months of April 1991 and April 1994 as required by 40 CFR sec.60.485(g) to determine compliance with the standards for flares under 40 CFR sec.60.482-10(d) and sec.60.18, NOTICE: The TNRCC mailed notice of the previously referenced violations on November 2, 1993, OPENALTY: $25,800, STAFF ATTORNEY: Rachael Rawlins, (512) 239-0673, REGIONAL OFFICE: 4150 Westheimer, Houston, Texas 77027-4417, (713) 625-7900. (11) COMPANY: Union Equity Division of Farmland Industries, ACCOUNT NUMBER: HG- 0761-H, D0CKET NUMBER: 95-0166-AIR-E, LOCATION: Deer Park, Harris County, TYPE OF FACILITY: a grain elevator, RULE VIOLATED: TNRCC Rule 30 TAC sec.101. 20(1) by violating 40 CFR Part 60, the Standards of Performance for New Stationary Sources promulgated by the United States Environmental Protection Agency. Specifically, the Company is alleged to have violated: (1) 40 CFR sec.60.302(c) by exceeding the 20% opacity limit on a ship loading station; and (2) 40 CFR sec.60.7(b) for failing to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, and any malfunction of the air pollution control equipment; (a) TNRCC Rule 30 TAC sec.101.7(a) for failing to maintain pollution emissions capture and abatement equipment; (c) TNRCC Rule 30 TAC 101.6 for failing to notify the TNRCC of a major upset, NOTICE: The TNRCC mailed notice of the previously referenced violations on June 7, 1993, OPENALTY: $11,00, STAFF ATTORNEY: Rachael Rawlins, (512) 239-0673, REGIONAL OFFICE: 4150 Westheimer, Houston, Texas 77027-4417, (713) 625-7900. (12) COMPANY: Groendyke Transport, Incorporated, ACCOUNT NUMBER: GJ-0193-N, DOCKET NUMBER: 95-0161-AIR-E, LOCATION: 820 Ryder Road, Longview, Gregg County, TYPE OF FACILITY: tank truck cleaning operation, RULE VIOLATED: The following violations were received by the company on July 26, 1992. TNRCC Rule 30 TAC sec.116.110(a) and the Texas Clean Air Act, sec.382.0518(a) and 382.085(b) (TCAA) by increasing the number of tank trucks washed and changing the composition and volume of the chemical products used at its grandfathered operation such that the operation lost its grandfathered status and emitted air contaminants into the air of the state without first obtaining a permit or qualifying for a standard exemption, OPENALTY: $750, STAFF ATTORNEY: Geoff Petrov, (512) 239-0677, REGIONAL OFFICE: 1304 South Vine Avenue, Tyler, Texas 75701, (903) 595-2639. (13) COMPANY: Groendyke Transport, Incorporated, ACCOUNT NUMBER: HG-1457-G, DOCKET NUMBER: 95-0159-AIR-E, LOCATION: 8503 Sheldon Road, Channelview, Harris County, TYPE OF FACILITY: tank truck cleaning operation, RULE VIOLATED: The following violations were received by the company on August 3, 1992. TNRCC Rule 30 TAC sec.116.110(a) and the Texas Clean Air Act, sec.382.0518(a) and 382. 085(b) (TCAA) by increasing the number of tank trucks washed and changing the composition and volume of the chemical products used at its grandfathered operation such that the operation lost its grandfathered status and emitted air contaminants into the air of the state without first obtaining a permit or qualifying for a standard exemption, OPENALTY: $1,300, STAFF ATTORNEY: Geoff Petrov, (512) 239-0677, REGIONAL OFFICE: 4150 Westheimer at Midlane, Houston, Texas 77027-4417, (713) 625-7900. (14) COMPANY: Groendyke Transport, Incorporated, ACCOUNT NUMBER: PG-0049-B, DOCKET NUMBER: 95-0160-AIR-E, LOCATION: 10201 Triangle Drive, Amarillo, Potter County, TYPE OF FACILITY: tank truck cleaning operation, RULE VIOLATED: The following violations were received by the company on August 3, 1992. TNRCC Rule 30 TAC sec.116.110(a) and the Texas Clean Air Act, sec.382.0518(a) and 382. 085(b) (TCAA) by increasing the number of tank trucks washed and changing the composition and volume of the chemical products used at its grandfathered operation such that the operation lost its grandfathered status and emitted air contaminants into the air of the state without first obtaining a permit or qualifying for a standard exemption, OPENALTY: $625, STAFF ATTORNEY: Geoff Petrov, (512) 239-0677, REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4996, (806) 353-9251. (15) COMPANY: Groendyke Transport, Incorporated, ACCOUNT NUMBER: BL-0394-S, DOCKET NUMBER: 95-0162-AIR-E, LOCATION: 1600 South Highway 288B, Angleton, Brazoria County, TYPE OF FACILITY: tank truck cleaning operation, RULE VIOLATED: The following violations were received by the company on August 3, 1992. TNRCC Rule 30 TAC sec.116.110(a) and the Texas Clean Air Act, sec.382. 0518(a) and 382.085(b) (TCAA) by increasing the number of tank trucks washed and changing the composition and volume of the chemical products used at its grandfathered operation such that the operation lost its grandfathered status and emitted air contaminants into the air of the state without first obtaining a permit or qualifying for a standard exemption, OPENALTY: $1,450, STAFF ATTORNEY: Geoff Petrov, (512) 239-0677, REGIONAL OFFICE: 4150 Westheimer at Midlane, Houston, Texas 77027-4417, (713) 625-7900. (16) COMPANY: H & M Food Systems, ACCOUNT NUMBER: TA-0324-N, D0CKET NUMBER: 95- 0167-AIR-E, LOCATION: Fort Worth, Tarrant County, TYPE OF FACILITY: a meat processing plant, RULE VIOLATED: TNRCC Rule 30 TAC sec.101.4 by emitting offensive nuisance level odors from its wastewater treatment unit, NOTICE: The TNRCC mailed notice of the previously referenced violations to the Company on December 3, 1993, December 6, 1993 and January 5, 1994, OPENALTY: $6,000, STAFF ATTORNEY: Rachael Rawlins, (512) 239-0673, REGIONAL OFFICE: 6421 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas 76116, (817) 732-5531. (17) COMPANY: Huntsman Chemical Corporation, ACCOUNT NUMBER: HG-3307-M, DOCKET NUMBER: 95-0184-AIR-E, LOCATION: 12222 Port Road, Pasadena, Harris County, TYPE OF FACILITY: chemical manufacturing plant, RULE VIOLATED: The following violations were received by the company on August 21, 1993. TNRCC Rule 30 TAC sec.101.20(1) and the Texas Clean Air Act, sec.382.085(b) (TCAA); 40 CFR 60.46b(e)(1), failure to conduct the initial performance test, within 180 days of startup in 1990 to determine compliance with the nitrogen oxide (NO) emission limit; 40 CFR 60.49b(c), failure to submit a compliance plan that identifies conditions to be monitored in order to demonstrate compliance with the NO standards; 40 CFR 60.663(c)(1), failure to install flow indicators in vent streams on three distillation towers in proper locations; 40 CFR 60.662(a), failure to conduct performance tests to demonstrate compliance with reduction of total organic compounds (TOC) to a concentration of 20 ppmv; TNRCC Rule 30 TAC 116.115 and the TCAA, sec.382. 085(b) in that boiler #HB-1301P exceeded the steam production level limit, as set forth in permit #R-5252, Special Provision 2D, at least 14 times during the time period from August 3, 1992 to March 18, 1993; TNRCC Rule 30 TAC 116. 116(a) and sec.382.085(b) of the TCAA, the Company is alleged to have exceeded the pounds per million Btu limit that was represented in the application for Permit Amendment #R-5252 which was issued February 22, 1990, OPENALTY: $6,000, STAFF ATTORNEY: Peter T. Gregg, (512) 239- 0450, REGIONAL OFFICE: 4150 Westheimer at Midlane, Houston, Texas 77027-4417, (713) 625-7900. (18) COMPANY: Imperial Fabricating Inc., ACCOUNT NUMBER: WN-0061-R, DOCKET NUMBER: 95-0168-AIR-E, LOCATION: Decatur, Wise County, TYPE OF FACILITY: a metal parts manufacturing company, RULE VIOLATED: TNRCC Rule 30 TAC sec.116. 110(a), by failing to obtain a permit or qualify for a standard exemption before constructing and operating a paint shop which may emit contaminants into the air of the state, NOTICE: The TNRCC mailed notice of the previously referenced violation on November 4, 1993, OPENALTY: $500, STAFF ATTORNEY: Rachael Rawlins, (512) 239-0673, REGIONAL OFFICE: 6421 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas 76116, (817) 732-5531. (19) COMPANY: James Manufacturing, Inc., ACCOUNT NUMBER: NB-0016-N, DOCKET NUMBER: 95-0175-AIR-E, LOCATION: Corsicana, Navarro County, TYPE OF FACILITY: steel fabrication plant, RULE VIOLATED: Notice of the following violations were received by the company on or about November 29, 1992. TNRCC Rule 30 TAC sec.116.115 by failing to meet the requirements of TNRCC Standard Exemption Number 75 on October 29, 1992, OPENALTY: $0.00, STAFF ATTORNEY: Kerri Rowland, (512) 239-5693, REGIONAL OFFICE: 6421 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas 76116, (817) 732-5531. (20) COMPANY: Lone Star Paint & Lacquer, ACCOUNT NUMBER: RL-0014-F, DOCKET NUMBER: 95-0157-AIR-E, LOCATION: Henderson, Rusk County, TYPE OF FACILITY: paint and lacquer manufacturing plant, RULE VIOLATED: Notice of the following rules were received by the company on or about October 27, 1993. TNRCC Rule 30 TAC sec.116.110(a) by modifying and operating a paint and lacquer manufacturing plant which may emit air contaminants into the air of the state without first obtaining a permit or qualifying for a standard exemption, OPENALTY: $500, STAFF ATTORNEY: Kerri Rowland, (512) 239-5693, REGIONAL OFFICE: 1304 South Vine Avenue, Tyler, Texas 76116, (817) 732-5531. (21) COMPANY: MW Petroleum Corporation, ACCOUNT NUMBER: BL-0004-O, DOCKET NUMBER: 95-0182-AIR-E, LOCATION: 19315 Highway 35 North, Alvin, Brazoria County, TYPE OF FACILITY: natural gas and gasoline processing plant, RULE VIOLATED: The following violations were received by the company on January 8, 1994. TNRCC Rule 30 TAC sec.115.112(a)(1) and the Texas Clean Air Act, sec.382. 085(b) (TCAA), by operating a 12,000 gallon gasoline storage tank that stores a compound with a true vapor pressure greater than or equal to 1.5 psia, from August 12, 1993 to September 15, 1993, without a submerged fill pipe or vapor recovery system; TNRCC Rule 30 TAC sec.115.342, sec.115.346, sec.115.349 and the TCAA, sec.382.085(b) from August 1, 1993 to September 8, 1993, by failing to initiate a fugitive monitoring program for volatile organic compounds (VOCs) on or before July 31, 1993, OPENALTY: $12,000, STAFF ATTORNEY: Lisa Uselton, (512) 239-5692, REGIONAL OFFICE: 4150 Westheimer at Midlane, Houston, Texas 77027-4417, (713) 625-7900. (22) COMPANY: Martindale Feed Mill, ACCOUNT NUMBER: CV-0020-J, D0CKET NUMBER: 95-0169-AIR-E, LOCATION: Valley View, Cook County, TYPE OF FACILITY: feed mill and storage plant, RULE VIOLATED: TNRCC Rule 30 TAC sec.116.115: by failing to carry out maintenance requirements contained in Special Provision 6 of TNRCC Permit Number 3564, by failing to carry out housekeeping requirements contained in Special Provision 8 of TNRCC Permit Number 3564, and by failing to carry out record keeping requirements contained in Special Provision 11 of TNRCC Permit Number 3564, NOTICE: The TNRCC mailed notice of the previously referenced violation on March 15, 1994, OPENALTY: $4,500, STAFF ATTORNEY: Rachael Rawlins, (512) 239-0673, REGIONAL OFFICE: 1019 North Duncanville Road, Duncanville, Texas 75116-2201, (214) 298-6171. (23) COMPANY: Miles, Inc., ACCOUNT NUMBER: HG-0188-R, DOCKET NUMBER: 95-0185- AIR-E, LOCATION: 8701 Park Place Boulevard, Houston, Harris County, TYPE OF FACILITY: chemical plant, RULE VIOLATED: The following violations were received by the company on November 7, 1993. TNRCC Rule 30 TAC sec.115.116(a)(3) (B) and the Texas Clean Air Act, sec.382.085(b) (TCAA), failing to continuously monitor and record the inlet and outlet gas temperature of Condensers E-2130, E-2914, and E-2915; TNRCC Rule 30 TAC sec.115.126(a)(1)(B) and the TCAA, sec.382. 085(b) failing to continuously monitor and record temperature upstream and downstream of four condensers which control Volatile Organic Compound (VOC) emissions from the wastewater stripper system. OPENALTY: $24,500, STAFF ATTORNEY: Peter T. Gregg, (512) 239-0450, REGIONAL OFFICE: 4150 Westheimer at Midlane, Houston, Texas 77027-4417, (713) 625-7900. (24) COMPANY: OEM, Incorporated, ACCOUNT NUMBER: TA-1268-O, DOCKET NUMBER: 95- 0179-AIR-E, LOCATION: 140 Coin Street, Fort Worth, Tarrant County, TYPE OF FACILITY: PVC pipe profile machine manufacturing plant, RULE VIOLATED: The following violations were received by the company on June 14, 1992, October 6, 1992, September 5, 1993 and December 11, 1993. TNRCC Rule 30 TAC sec.115.421(a) (9)(A)(ii) and the Texas Clean Air Act, sec.382.085(b) (TCAA), by exceeding the 3.5 pounds volatile organic compounds (VOC)/gallon limit for paint solvents used in miscellaneous metal parts and products coatings; TNRCC Rule 30 TAC sec.115.421(a)(9)(A)(ii) and the TCAA, sec.382.085(b) by exceeding the 6.7 pounds VOC/gallon limit for solids used in miscellaneous metal parts and products coatings; TNRCC Rule 30 TAC sec.116.4 by failing to include hours of operation in company's recordkeeping as required by Standard Exemption 75, OPENALTY: $0.00, STAFF ATTORNEY: Lisa Uselton, (512) 239-5692, REGIONAL OFFICE: 6421 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas 76116, (817) 732-5531. (25) COMPANY: Old Soldier Ltd., ACCOUNT NUMBER: WE-0087-B, DOCKET NUMBER: 95- 0176-AIR-E, LOCATION: Bruni, Webb County, Texas, TYPE OF FACILITY: barite mill, RULE VIOLATED: The following violations were received by the company on October 30, 1992. TNRCC Rule 30 TAC sec.116.110(a), constructing and operating a facility without a permit or qualifying for a standard exemption, OPENALTY: $38,425, STAFF ATTORNEY: Janis Boyd Hudson, (512) 239-0466, REGIONAL OFFICE: 513 East Jackson, Harlingen, Texas 78550, (210) 425-6010. (26) COMPANY: Owens-Brockway Glass Container, Incorporated, ACCOUNT NUMBER: MB- 0095-I, DOCKET NUMBER: 95-0177-AIR-E, LOCATION: 5200 Beverly Drive, Waco, McLennan County, TYPE OF FACILITY: glass container manufacturing plant, RULE VIOLATED: The following violations were received by the company on September 10, 1990, December 1, 1990, December 22, 1990, March 27, 1991 and April 27, 1991. TNRCC Rule 30 TAC sec.101.4 and the Texas Clean Air Act, sec.382.085(a) and sec.382.085(b) (TCAA), nuisance level, air emissions; TNRCC Rule 30 TAC sec.116.5 and the TCAA, sec.382.085(b) by utilizing without authorization Methyl Ethyl Ketone (MEK) as a part of the solvent blend in the D-WSL unit at the above for a period of 168 days; TNRCC Rule 30 TAC sec.101.6 and sec.382.085(b) of the TCAA by failing to notify the Executive Director as soon as possible of a major upset condition at the previously mentioned plant on April 17, 1991, OPENALTY: $28,800, STAFF ATTORNEY: Lisa Uselton, (512) 239-5692, REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710, (817) 751- 0335. (27) COMPANY: Owens-Corning Fiberglass Corporation, ACCOUNT NUMBER: DB-0632-E, DOCKET NUMBER: 95-0178-AIR-E, LOCATION: 201 North Nursery Road, Irving, Dallas County, TYPE OF FACILITY: asphalt plant and roofing products plant, RULE VIOLATED: The following violations were received by the company on June 1, 1993. TNRCC Rule 30 TAC sec.116.5 and the Texas Clean Air Act, sec.382. 085(b) (TCAA), failing to vent flux tanks 14, 15 and 17 to the preheater/incinerator at the Asphalt Plant as represented in the application for Permit Exemption X-14829; TNRCC Rule 30 TAC sec.116.5 and the TCAA, sec.382. 085(b) by operating the Roofing Products Plant seven days per week, in excess of the six days per week schedule represented in the application for Permit Exemption X-4528; TNRCC Rule 30 TAC sec.116.4, and sec.101.20(1) and the TCAA, sec.382.085(b) by failing to conduct sampling of blowing still #2 at the Asphalt Plant which is controlled by an incinerator/preheater system within 180 days of start of operations as required by 40 CFR Part 60, Subpart A and Special Provision 1 of Permit Exemption X-14829; TNRCC Rule 30 TAC sec.116.4 and the TCAA, sec.382.085(b) by failing to conduct a pretest meeting prior to performing testing on blowing still #2 as required by Special Provision #3 of Permit Exemption X-14829, OPENALTY: $41,500, STAFF ATTORNEY: Lisa Uselton, (512) 239-5692, REGIONAL OFFICE: 6421 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas 76116, (817) 732-5531. (28) COMPANY: Pioneer Concrete of Texas, Incorporated, ACCOUNT NUMBER: TA-0298- M, DOCKET NUMBER: 95-0170-AIR-E, LOCATION: 1229 West Hurst, Boulevard, Hurst, Tarrant County, TYPE OF FACILITY: concrete batch plant, RULE VIOLATED: The following violations were received by the company on September 22, 1992, March 3, 1993 and May 15, 1993. TNRCC Rule 30 TAC sec.116.6 and the Texas Clean Air Act, sec.382.085(b) (TCAA) by disconnecting the batch drop shroud hose from the central baghouse, OPENALTY: $4,500, STAFF ATTORNEY: Lisa Uselton, (512) 239- 5692, REGIONAL OFFICE: 6421 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas 76116, (817) 732-5531. (29) COMPANY: Pioneer Concrete of Texas. Inc., ACCOUNT NUMBER: DB-0552-D, D0CKET NUMBER: 95-0189-AIR-E, LOCATION: Dallas, Dallas County, TYPE OF FACILITY: a concrete batch plant, RULE VIOLATED: TNRCC Rule 30 TAC sec.116.115 by failing to comply with condition (c) of standard exemption 71, which requires that the property be treated as necessary to achieve maximum control of dust emissions, NOTICE: The TNRCC mailed notice of the previously referenced violation to the Company on September 22, 1993, OPENALTY: $3,000, STAFF ATTORNEY: Rachael Rawlins, (512) 239-0673, REGIONAL OFFICE: 6241 Camp Bowie Boulevard, Suite 312, Forth Worth, Texas 76116, (817) 732-5531. (30) COMPANY: Rangen, Inc., ACCOUNT NUMBER: BL-0383-A, D0CKET NUMBER: 95-0171- AIR-E, LOCATION: Angleton, Brazoria County, TYPE OF FACILITY: a fish food manufacturing plant, RULES VIOLATED: TNRCC Rule 30 TAC sec.101.4 by emitting nuisance odors,TNRCC Rule 30 TAC sec.116.116(a) by modifying the method of control of air emissions represented in Permit Number 21318 without submitting an application for a permit, NOTICE: The TNRCC mailed notice of the previously referenced violations on June 17, August 2, August 3, August 4, August 31, November 17 and December 9, 1993, OPENALTY: $28,000, STAFF ATTORNEY: Rachael Rawlins, (512) 239-0673, REGIONAL OFFICE: 4150 Westheimer, Houston, Texas 77027- 4417, (713) 625-7900. (31) COMPANY: Star Enterprise, ACCOUNT NUMBER: JE-0093-H, DOCKET NUMBER: 95- 0180-AIR-E, LOCATION: Spur 136 and Grigsby Drive, Port Neches, Jefferson County, TYPE OF FACILITY: storage terminal, RULE VIOLATED: The following violations were received by the company on June 5, 1993. TNRCC Rule 30 TAC sec.115.324(a)(2)(B), (C), and (E) and the Texas Clean Air Act, sec.382.085(b) (TCAA) by failing to conduct quarterly monitoring for fugitive volatile organic compound (VOC) emissions from 118 valves, five pumps and five relief valves as required; TNRCC Rule 30 TAC sec.115.322(a)(3) and the TCAA, sec.382. 085(b) by failing to properly tag leaking components in VOC service for repair; TNRCC Rule 30 TAC sec.115.322(a)(5) and the TCAA, sec.382.085(b) by failing to properly identify valve 45427 for gaseous VOC service; TNRCC Rule 30 TAC sec.115.324(a)(6) and the TCAA, sec.382.085(b) by failing to remonitor the components within 15 days after repair; TNRCC Rule 30 TAC sec.115.324(a)(7) and the TCAA, sec.382.085(b) by failing to properly identify components with a weatherproof tag that indicates the date that the leak was found, OPENALTY: $11, 750, STAFF ATTORNEY: Lisa Uselton, (512) 239-5692, REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77702, (409) 898-3838. (32) COMPANY: Trinity Industries, Incorporated, ACCOUNT NUMBER: JE-0325-J, DOCKET NUMBER: 95-0174-AIR-E, LOCATION: Beaumont, Jefferson County, TYPE OF FACILITY: marine sandblasting and barge maintenance plant, RULE VIOLATED: The following violations were received by the company on October 11, 1993. TNRCC Rule 30 TAC sec.101.4, Texas Air Control Board Order Number 92-08(hhh), and the Texas Clean Air Act, sec.382.085(a) and (b) nuisance level air contaminants, OPENALTY: $18,000, STAFF ATTORNEY: Walter Ehresman, (512) 239-0573, REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1830, (409) 898- 3838. (33) COMPANY: W. A. McKenzie Asphalt Company, ACCOUNT NUMBER: HV-0044-C, DOCKET NUMBER: 95-0186-AIR-E, LOCATION: Highway 224 East, Greenville, Hunt County, TYPE OF FACILITY: hot mix asphalt concrete plant, RULE VIOLATED: The following violations were received by the company on June 21, 1993. TNRCC Rule 30 TAC sec.116.115 and the Texas Clean Air Act, sec.382.085(b) (TCAA), excessive particulate trailing was observed beyond the point of visible moisture dissipation, which indicates that the scrubber was malfunctioning; TNRCC Rule 30 TAC sec.116.116(a) and the TCAA, sec.382.085(b) by installing an injection pump for the use of antistrip additives without amending the permit to authorize this change in operation; violating Texas Air Control Board (TACB) Agreed Board Order (ABO) Number 90-06(L), OPENALTY: $0.00, STAFF ATTORNEY: Peter T. Gregg, (512) 239-0450, REGIONAL OFFICE: 6421 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas 76116, (817) 732-5531. (34) COMPANY: Zee Manufacturing, ACCOUNT NUMBER: BG-0539-U, DOCKET NUMBER: 95- 0181-AIR-E, LOCATION: 4600 Timco East, San Antonio, Bexar County, TYPE OF FACILITY: cabinet manufacturing plant, RULE VIOLATED: The following violations were received by the company on May 26, 1993. TNRCC Rule 30 TAC sec.116.4 and the Texas Clean Air Act, sec.382.085(b) (TCAA) by failing to maintain proper stack height in violation of Texas Air Control Board (TACB) Agreed Board Order (ABO) Number 92-05(p) and Special Provision Number 7 of TNRCC Permit Number 20857, and by failing to maintain, utilize and have available for inspection at all times a Quality Assurance Manual regarding the use and maintenance of cartridge filters, OPENALTY: $1,000, STAFF ATTORNEY: Lisa Uselton, (512) 239- 5692, REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232- 5042, (210) 490-3096. Issued in Austin, Texas, on January 23, 1995. TRD-9500924 Kevin McCalla Acting Director, Legal Services Division Texas Natural Resource Conservation Commission Filed: January 23, 1995 Notice of Opportunity to Comment on Permitting Actions For the Week Ending January 20, 1995 Application Number 23-190A by Star Produce Company to amend Certificate of Adjudication Number 23-190 pursuant to Texas Water Code sec.11.122, and to combine thereunder water rights held under Certificate Number 23-421, as amended. Application Number 23-190A was received by the Texas Natural Resource Conservation Commission (TNRCC) on October 7, 1994, and was declared administratively complete and filed on January 13, 1995. The applicant seeks to combine under Certificate Number 23-190A 550 acre-feet per annum of Class "B" water rights under Certificate Number 23-190, and 1339.36 acre-feet per annum of Class "B" water under Certificate 23-421, as amended. The applicant also seeks to change the place of use to irrigate 755.744 acres of land out of five tracts totalling 2,858.52 acres in TWC Tract Number S-202, Court Number 917, Starr County, Texas. Ownership of the land is evidenced by deeds recorded in Volume 366, Page 851, and Volume 688, Page 639 of the Deed Records of Starr County; and to change the point of diversion to the same points associated with TWC Tract S- 202 as specified under Certificate Number 23-767A (also owned by Starr Produce Company), on the north bank of the Rio Grande approximately 11 miles southeast of Rio Grande City, Starr County, Texas. Approval of City of Coppell to Transfer Water CCN Number 11192 from Coppell Municipal Utility District Number 1; Amend Water CCN Number 10063; Cancel Water CCN Number 11192 in Dallas and Denton Counties, Texas (Application #30647-S, Albert Holck). Approval of City of Coppell to Transfer Sewer CCN Number 20488 from Coppell Municipal Utility District Number 1; Amend CCN Number 20020; Cancel Sewer CCN Number 20488 in Dallas and Denton Counties, Texas (Application #30648-S, Albert Holck). Issued in Austin, Texas, on January 20, 1995. TRD-9500886 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: January 20, 1995 Provisionally-Issued Temporary Permits to Appropriate State Water Permits issued during the period of January l6 to January 20, 1995. Application Number TA-7388 by LIPHAM CONSTRUCTION COMPANY, INC. for diversion of three acre-feet of water in a one-year period for industrial use (highway construction). Water may be diverted from the stream crossing at FM 1597, approximately 20 miles northeast of Anson, Jones County, Texas, Brazos River Basin. Provisionally-Issued Temporary permits to appropriate state water are issued for a period of not more than one year and authorize the use of not more than ten acre-feet of water. The Executive Director of the TNRCC has reviewed the permit listed and determined that sufficient water is available at the proposed point of diversion to satisfy the requirements of the application as well as all existing water rights. Any person or persons who own water rights or who are lawful users of water on a stream affected by the temporary permit listed previously and who believe that the diversion of water under the temporary permit will impair their rights may file a complaint with the TNRCC. The complaint can be filed at any point after the application has been filed with the TNRCC and the time the permit expires. The Executive Director shall make an immediate investigation to determine whether there is a reasonable basis for such a complaint. If a preliminary investigation determines that diversion under the temporary permit will cause injury to the complainant the commission shall notify the holder that the permit shall be cancelled without notice and hearing. No further diversions may be made pending a full hearing as provided in 30 TAC sec.295.174. Complaints should be addressed to Water Rights Permitting Section, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 239-4433. Information concerning these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 239-3300. Issued in Austin, Texas, on January 20, 1995. TRD-9500891 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: January 20, 1995 Texas State Board of Examiners of Perfusionists Correction of Error The Texas State Board of Examiners of Perfusionists adopted on an emergency basis new sec.sec.761.1-761.3, 761.6-761.8, 761.10, and 761.15, concerning the licensure of perfusionists. The rules appeared in the December 23, 1994, issue of the Texas Register (19 TexReg 10147). Due to an error in the agency's submission, there was an error in the first paragraph of the preamble where it lists the sections to be adopted on an emergency basis. Section 761.16 and sec.761.17 were not listed in the sentence, even though the sections were published. The first sentence should read: "The Texas State Board of Examiners of Perfusionists adopts on an emergency basis new sec.sec.761.1-761.3, 761.6, 761.8, 761.10, 761.15-761.17, concerning the licensure of perfusionists. Public Utility Commission of Texas Notice of Application to Amend Certificate of Convenience and Necessity Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on December 16, 1994, to amend a Certificate of Convenience and Necessity pursuant to the Public Utility Regulatory Act, sec.sec.16(a), 17(e), 50, 52, and 54. A summary of the application follows. Docket Title and Number: Application of Texas Utilities Electric to amend certificated service area within Culberson County, Docket Number 13757 before the Public Utility Commission of Texas. The Application: In Docket Number 13757, Texas Utilities Electric Company requests approval of its application to revise current certificated service area boundaries with Rio Grande Electric Cooperative, Inc. in Culberson County. Persons who wish to intervene in the proceeding or comment upon action sought, should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the Public Utility Public Information Division at (512) 458-0388 or (512) 458-0221 for teletypewriter for the deaf within 15 days of this notice. Issued in Austin, Texas, on January 18, 1995. TRD-9500796 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: January 19, 1995 Notices of Intent to File Pursuant to Public Utility Commission Substantive Rule 23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of customer-specific PLEXAR-Custom Service for Spring ISD, Houston, Texas. Docket Title and Number. Application of Southwestern Bell Telephone Company for approval of a new PLEXAR-Custom service for Spring ISD pursuant to Public Utility Commission Substantive Rule 23.27. Docket Number 13842. The Application. Southwestern Bell Telephone Company is requesting approval of a new PLEXAR-Custom service for Spring ISD. The geographic service market for this specific service is the Houston, Texas area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Austin, Texas 78757, or call the Public Utility Commission Public Information Section at (512) 458- 0388 or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on January 19, 1995. TRD-9500788 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: January 19, 1995 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of customer-specific PLEXAR-Custom Service for General Services Administration-Laredo, Laredo, Texas. Docket Title and Number. Application of Southwestern Bell Telephone Company for approval of a new PLEXAR-Custom service for General Services Administration- Laredo pursuant to Public Utility Commission Substantive Rule 23.27. Docket Number 13843. The Application. Southwestern Bell Telephone Company is requesting approval of a new PLEXAR-Custom service for General Services Administration-Laredo. The geographic service market for this specific service is the Laredo, Texas area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Austin, Texas 78757, or call the Public Utility Commission Public Information Section at (512) 458- 0388 or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on January 19, 1995. TRD-9500789 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: January 19, 1995 Public Notice On December 30, 1994, GTE Southwest, Inc. filed notice to file LRIC study pursuant to Substantive Rule 23.91 for Call Waiting BNF; and Call Waiting Service in Docket Number 13809, Notice of Intent of GTE Southwest, Inc. to File Long Run Incremental Cost Study Pursuant to Substantive Rule 23.91. GTE expects to file these studies on January 20, 1995. Persons who wish to intervene or otherwise participate in these proceedings should reference and make appropriate filings or comments to the Commission in Project Numbers 12475 and 12481, Applications of Southwestern Bell Telephone Company and GTE Southwest, Inc. for Approval of LRIC Workplans Pursuant to Substantive Rule 23.91 by March 6, 1995. A request to intervene, participate, or for further information should be mailed to the Public Utility Commission of Texas, 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757. Further information may also be obtained by calling the Public Utility Commission Public Information Office at (512) 458-0256. The telecommunications device for the deaf (TDD) is (512) 458-0221. Issued in Austin, Texas, on January 18, 1995. TRD-9500795 John M. Renfrow Secretary of the Commission Public Utility Commission of Texas Filed: January 19, 1995 Waco Urban Transportation Study (City of Waco) Request for Proposal The Metropolitan Planning Organization (MPO) for the Waco Urban Transportation Study is requesting proposals from qualified sources to provide a Bicycle and Pedestrian Plan for the cities of the Waco Urban Transportation Study (WUTS) MPO area and a Master Bicycle and Pedestrian Plan for the Brazos River Corridor. To receive a copy of the RFP packet or to request additional information, contact Anna K. Hayes, MPO Coordinator, City of Waco, P.O. Box 2570, Waco, Texas 76702-2570, (817) 750-5655. A preproposal conference will be conducted at 2:00 p.m., Tuesday, January 31, 1995, in the Bosque Theatre of the Waco Convention Center. Attendance at the conference is mandatory for firms intending to submit a response to this request for proposal. Submission of proposals by firms not attending the preproposal conference automatically will be disqualified. The MPO and the City of Waco reserve the right to accept or reject any or all proposals as a result of this request, to negotiate with all qualified sources, or to cancel in part or its entirety if found to be in the best interest of the MPO or City of Waco. This RFP does not commit the MPO or City of Waco to award a contract or to pay cost incurred for the preparation of proposals. An original and five copies of the written proposal must be received by the City no later than 5:00 p.m. on February 24, 1995. They should be addressed to: Anna K. Hayes, MPO Coordinator, City of Waco, P.O. Box 2570, Waco, Texas 76702- 2570. Proposals will be evaluated by a staff committee. Each proposal will be evaluated for acceptability with emphasis on the various factors enumerated below, assigning to that factor a numerical weight. The scores will be used to develop a list of proposers with whom negotiations may be conducted. Additional documentation shall be at the discretion of the MPO and City of Waco. Interviews, if necessary, will be conducted. The staff committee recommendation is subject to approval by the Waco City Council. Criteria, Firm and Staff Experience-30 maximum points, Project Approach-30 maximum points, Demonstrated Past Performance Success-20 maximum points, Current Workload-ten maximum points, Conformance with RFP Requirements-ten maximum points, for a total of 100 points. The firm selected to provide this study must be approved by the Waco City Council. The MPO and City of Waco may authorize contract negotiations to begin without further discussion with the proposers; therefore, each proposal should be submitted as completely as possible. The MPO and City of Waco reserve the right to request additional data or oral discussions/presentations in support of the written proposal. Contracts shall be awarded on the basis of the best interest of the MPO and City of Waco, price, content and other factors being considered in the RFP. Issued in Austin, Texas on January 17, 1995. TRD-9500735 Anna K. Hayes MPO Coordinator Waco Urban Transportation Study (City of Waco) Filed: January 18, 1995 Texas Workers' Compensation Commission Notice of Correction of Error The Texas Workers' Compensation Commission published the adoption of new sec.134.1000, titled Mental Health Treatment Guidelines, in the January 6, 1995, issue of the Texas Register (20 TexReg 68). The adoption of the new rule contained the following errors as published. The "less than" sign ("<<") was omitted in the following subparagraphs of subsection (h), titled On-Going Treatment, paragraph (5), titled Treatment Durations: (A) (ii)(I)(-c-) Page number (20 TexReg 84) (B) (ii)(I)(-c-) Page number (20 TexReg 85) (C) (ii)(I)(-c-) Page number (20 TexReg 85) (D) (ii)(I)(-c-) Page number (20 TexReg 85) (E) (ii)(I)(-c-) Page number (20 TexReg 86) (F) (ii)(I)(-c-) Page number (20 TexReg 86) (G) (ii)(I)(-c-) Page number (20 TexReg 87) (H) (ii)(I)(-c-) Page number (20 TexReg 88) (I) (ii)(I)(-c-) Page number (20 TexReg 88) (J) (ii)(I)(-c-) Page number (20 TexReg 89) The clauses and subclauses should read as follows: "(-c-) 40 << = Severe, Extreme, or Catastrophic" Issued in Austin, Texas, on January 19, 1995. TRD-9500899 Susan Cory General Counsel Texas Workers' Compensation Commission Filed: January 20, 1995