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. Coastal Coordination Council Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC 501. Requests for federal consistency review were received for the following projects(s) during the period of July 29, 1997, through August 1, 1997: FEDERAL AGENCY ACTIONS: Applicant: King Ranch Oil and Gas, Inc.; Location: Matagorda Island Area, Block 522 N/2 SE/4, Gulf of Mexico, Offshore, Texas; Project No.: 97-0231-F1; Description of Proposed Action: The applicant proposes to construct a jack-up drilling rig and a three pile well protection structure in the anchorage area; Type of Application: U.S.C.O.E. permit application #20965(01) under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Applicant: Forest Oil Corporation; Location: East Breaks, Block 164, Lease OCS-G 17232, OCS Federal Offshore Waters, Gulf of Mexico; Project No.: 97-0233-F4; Type of Application: Initial Plan of Exploration, Title 30 CFR 250.33 (f) and (h). Applicant: Tana Oil and Gas Corporation; Location: High Island, Blocks A-415 and A- 416, Leases OCS-G 15793 and 15794, OCS Federal Offshore Waters, Gulf of Mexico; Project No.: 97-0234-F4; Type of Application: Joint Development Operations Coordination Document, Title 30 CFR 250.34 (f) and (g). Applicant: Ross Houston; Location: Treasure Island Subdivision, Block 4, Lot 10, Brazoria County, Texas; Project No.: 97-0235-F1; Description of Proposed Action: The applicant proposes to excavate a shallow anchor trench seaward of the existing breakwater, to repair the breakwater structure. The trench and adjacent existing structure will be lined with a woven geotextile. A row of 3-foot by 18- inch gabions will be placed over the textile and filled with limestone rock 4 to 6 inches in diameter. The gabions will be covered with two rows of reno mattresses each 12 inches high. Approximately 2,400 square feet of land will be impacted. Type of Application: U.S.C.O.E. permit application under sec.10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403), and sec.404 of the Clean Water Act (33 U.S.C.A. sec.sec.125-1387). Pursuant to sec.306(d)(14) of the Coastal Zone Management Act of 1972 (16 .S.C.A.sec.sec.1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action should be referred to the Coastal Coordination Council for review and whether the action is or is not consistent with the Texas Coastal Management Program goals and policies. All comments must be received within 30 days of publication of this notice and addressed to Ms. Janet Fatheree, Council Secretary, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495. Issued in Austin, Texas, on August 1, 1997. TRD-9710033 Garry Mauro Chairman Coastal Coordination Council Filed: August 1, 1997 Office of the Consumer Credit Commissioner Notice of Rate Ceiling The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Title 79, Texas Civil Statutes, Article 1.04, as amended (Texas Civil Statutes, Article 5069-1.04). [graphic] Issued in Austin, Texas, on July 29, 1997. TRD-9709906 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: July 31, 1997 Texas Education Agency Request for Applications Concerning 1997-1999 Staff Development and Parent Training for Campus Deregulation and Restructuring to Improve Student Achievement Grant Program Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-97-020 from public school districts on behalf of individual school campuses. Each campus must have demonstrated a commitment to campus deregulation and to restructuring educational practices and conditions by entering into a partnership with representatives of all of the following entities: school staff; parents of students; community and business leaders; school district officers; a nonprofit, community-based organization that has a demonstrated capacity to train, develop, and organize parents and community leaders into a large, nonpartisan constituency that will hold the school and the school district accountable for achieving high academic standards; and TEA. A separate application, specific to the applying campus, must be submitted for each campus for which a district is applying. Description. The purpose of this initiative is to assist eligible, individual public school campuses in: implementing practices and procedures consistent with deregulation and school restructuring to improve student achievement; and identifying and training parents and community leaders who will hold the school and the school district accountable for achieving high academic standards. Grants must be used to train and develop school staff, parents, and community and business leaders so they understand and implement the: academic standards and practices necessary for high academic achievement; appropriate strategies to deregulate and restructure the school to improve student achievement; and effective strategies to organize parents and community leaders into a large, nonpartisan constituency that will hold the school and the school district accountable for achieving high academic standards. No more than 20% of the total grant funds may be used to implement the academic standards and practices necessary for high academic achievement. No more than 25% of the total grant funds may be used to implement strategies that are developed by partners and designed to enrich and extend student learning experiences outside of the regular school day. Grantees must demonstrate: the development and implementation of a comprehensive plan to engage in ongoing development and training of teachers, parents, and community leaders to understand academic standards, develop effective strategies to improve academic performance, and organize a large constituency of parents and community leaders to hold the school and school district accountable for achieving high academic standards; ongoing progress in achieving higher academic performance; and ongoing progress in identifying, training, and organizing parents and community leaders who will hold the school and the school district accountable for achieving high academic standards. Dates of Project. The Staff Development and Parent Training for Campus Deregulation and Restructuring to Improve Student Achievement Grant Program will be implemented during the 1997-1999 school years. Applicants should plan for a starting date of no earlier than January 15, 1998, and an ending date of no later than August 31, 1999. Project Amount. Projects will be eligible for up to $25,000 initially, for 1997- 1998 school year. It is anticipated that grants awarded under this RFA will be eligible for up to $20,000 in additional funding for the 1998-1999 school year. Additional funding is contingent upon submitting a justification document to the TEA describing progress toward achieving the project objectives, the need for the additional funding, and how the additional funding will assist the campus in achieving the project objectives. Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in this RFA. The TEA reserves the right to select from the highest ranking applications campuses whose total percent of identified students from low-income families is 60% or higher or campuses whose total percent of students passing all tests taken on the Spring 1997 Texas Assessment of Academic Skills (TAAS) was below the state average. Campuses meeting the "low income" or TAAS criterion will be identified by consulting TEA printouts. The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response. Requesting the Application. A complete copy of RFA #701-97-020 may be obtained by writing the: Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701, or by calling (512) 463-9304. Please refer to the RFA number in your request. Further Information. For clarifying information about the RFA, contact Sandy Harwell, Texas Education Agency, (512) 463-8306 or slmcc@tenet.edu. Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Friday, September 26, 1997, to be considered. Issued in Austin, Texas, on August 4, 1997. TRD-9710054 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: August 4, 1997 Texas Department of Health Designation of Sites Serving Medically Underserved Populations - Houston, Texas (Harris County), Texas The Texas Department of Health (department) is required under Texas Civil Statutes, Article 4495b, sec.3.06, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of its designations in the Texas Register and to provide an opportunity for public comment on the designations. Accordingly, the department has designated the following as sites serving medically underserved populations: Scarborough Elementary School-Based Clinic, located at 3021 Little York, Houston, Texas (Harris County), Texas; Sherman Elementary School-Based Clinic, located at 1909 McKee, Houston, Texas (Harris County), Texas; Smiley High School-Based Clinic - Career & Technology Vocational Campus, located at 10726 Mesa Road, Houston, Texas (Harris County), Texas; Texas Burrus Elementary School-Based Clinic, located at 701 East 33rd, Houston, Texas (Harris County), Texas; Grimes Elementary School-Based Clinic, located at 9220 Jutland, Houston, Texas (Harris County), Texas; and Jackson Middle School-Based Clinic, located at 5100 Polk, Houston, Texas (Harris County), Texas. Designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state or locally funded health care programs. Oral and written comments on these designations may be directed to Demetria Montgomery, M.D., Chief, Bureau of Community Oriented Primary Care, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; Telephone (512) 458-7771. Comments will be accepted for 30 days from the publication date of this notice in the Texas Register. Issued in Austin, Texas, on August 1, 1997. TRD-9709994 Susan K. Steeg General Counsel Texas Department of Health Filed: August 1, 1997 Designation of Sites Serving Medically Underserved Populations - The Federal Bureau Of Prisons -FCI - Beaumont (Jefferson County), Texas The Department of Health is required under Texas Civil Statutes, Article 4495b, Sec. 3.06, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of its designations in the Texas Register and to provide an opportunity for public comment on the designations. Accordingly, the department has designated the following as a site serving medically underserved populations: The Federal Bureau Of Prisons -FCI- Beaumont - Low Facility Clinic located at Rt 4., Box 5000, Hebert Road, Beaumont, Jefferson County, Texas 77705. Designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state or locally funded health care programs. Oral and written comments on this designation may be directed to Demetria Montgomery, M.D., Chief, Bureau of Community Oriented Primary Care, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; (512) 458- 7771. Comments will be accepted for 30 days following the publication date in the Texas Register. Issued in Austin, Texas, on August 4, 1997. TRD-9710103 Susan K. Steeg General Counsel Texas Department of Health Filed: August 4, 1997 Designation of Sites Serving Medically Underserved Populations - The Federal Bureau Of Prisons -USP - Beaumont (Jefferson County), Texas The Department of Health is required under Texas Civil Statutes, Article 4495b, Sec. 3.06, to designate sites serving medically underserved populations. In addition, the department is required to publish notice of its designations in the Texas Register and to provide an opportunity for public comment on the designations. Accordingly, the department has designated the following as a site serving medically underserved populations: The Federal Bureau Of Prisons -USP - Beaumont - High Facility Clinic located at Rt 4., Box 5000, Hebert Road, Beaumont, Jefferson County, Texas 77705. Designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state or locally funded health care programs. Oral and written comments on this designation may be directed to Demetria Montgomery, M.D., Chief, Bureau of Community Oriented Primary Care, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; (512) 458- 7771. Comments will be accepted for 30 days following the publication date in the Texas Register. Issued in Austin, Texas, on August 4, 1997. TRD-9710102 Susan K. Steeg General Counsel Texas Department of Health Filed: August 4, 1997 Notice of Adoption of Chapter 35 Rules Concerning Pharmacy Services in the Texas Medicaid Vendor Drug Program The purpose of this notice is to identify actions taken which affect the administrative rules published at 25 Texas Administrative Code, Chapter 35, concerning pharmacy services in the Texas Medicaid Vendor Drug Program. This notice is published in connection with adopted amendment to sec.35.601, new sec.35.611, and the repeal of sec.35.901 rules published in the August 8, 1997, issue of the adopted rules section of the Texas Register. The Texas Department of Health (department) proposed rules, on behalf of the State Medicaid Director, which were published in the December 12, 1995, issue of the Texas Register (20 TexReg 10474). The proposal was to add a new sec.35.611, and also to repeal sec.35.901. The purpose of the proposal was to establish a new methodology for determining reimbursement to contracted vendors participating in the Texas Medicaid Vendor Drug Program, changing the reimbursement methodology from a cost based to a market based analysis. The department submitted the adoption of the proposed rules to the State Medicaid Director and published the adopted rules in the February 9, 1996, issue of the Texas Register (21TexReg 957). The effective date of the rules was March 1, 1996. A lawsuit challenging the validity of the rules was filed in state district court on February 27, 1996. The petition for a temporary restraining order was denied, but the court later entered a temporary injunction on March 13, 1996, prohibiting the department from implementing the rules pending a trial on the merits of the case. The trial on the merits of the case occurred in March, 1997, and resulted in a court order, dated March 20th, 1997, which invalidated the rules. The effect of the court's ruling was to require that the rules that were in effect prior to March 1, 1996, remain in force until the rules are lawfully repealed and a new rule is lawfully adopted. The court stated in its order that the department remains free to promulgate a rate that lowers the reimbursement rates at issue and that nothing in the order would prevent the future repeal of sec.35.901 and adoption of a new rule, if done in compliance with the law. The administrative rules which were published in the Texas Register and subsequently published in the Texas Administrative Code do not reflect the facts concerning litigation of the rules and do not reflect the fact that the state district court order invalidating the rules superseded the adoption of the rules by the Texas Board of Health. Since the court order rendered the adopted rules completely void and nullified, as a matter of law, there exists no need to repeal any part of the Board's rule adoption. The department proposed rules concerning the reimbursement rate methodology in the Texas Medicaid Vendor Drug Program, which were published in the June 10, 1997, issue of the Texas Register (22 TexReg 5640.) The proposal is to amend sec.35.601, add a new sec.35.611 and repeal sec.35.901. The purpose of the proposal is to clarify sec.35.601 by specifying the percentages that apply to the drug ingredient cost, to add a new sec.35.611 which established a dispensing fee reimbursement formula for pharmacy providers participating in the Medicaid Vendor Drug Program which is based on an estimated dispensing expense, the drug acquisition cost for generic and brand name drugs, and an inventory management factor and to establish a maximum dispensing fee. The proposal is to repeal sec.35.901, which is a cost based reimbursement methodology. The Texas Board of Health adopted the proposal, with changes, on July 25, 1997. The proposal was filed with the Texas Register on July 29, 1997, and will be published in the August 8, 1997, issue of the Texas Register, TRD 9709811 and TRD 9709812. Issued in Austin, Texas, on July 31, 1997. TRD-9709931 Susan K. Steeg General Counsel Texas Department of Health Filed: July 31, 1997 Texas Health and Human Services Commission Excluded Medicaid Providers Information regarding excluded medicaid providers can now be found on the internet at www.hhsc.state.tx.us. Medicaid Providers who are engaged in Fraud or Abuse of the Medicaid program may be reported by writing to Sharon E. Thompson, P.O. Box 13247 Austin, Texas 78711 or by calling (512) 424-6519. Issued in Austin, Texas, on August 1, 1997. TRD-9709973 Marina Henderson Executive Deputy Commissioner Texas Health and Human Services Commission Filed: August 1, 1997 Request for Offers Notice of Request for Offers: The Texas Health and Human Services Commission (Commission) is the single agency designated to administer Medicaid in the State of Texas. As such, the Commission is pleased to announce the availability of funds for the development and implementation of a Medicaid Fraud and Abuse Detection System (MFADS). The 74th Texas Legislature enacted Senate Bill 602 (Article 4413(502), sec.16A) which authorized the Commission to develop a system to coordinate and integrate state Medicaid databases to facilitate comprehensive analysis and detect fraud perpetrated by a program provider or client. The Commission has defined a new initiative to streamline and improve fraud and abuse detection and prevention in the Texas Medicaid program. This initiative will be supported by the MFADS. The 75th Texas Legislature enacted Senate Bill 30 which creates the Office of Investigations and Enforcement (OIE) and funds the MFADS. A contract will be awarded on a competitive basis to a successful vendor which can demonstrate the greatest aptitude for effectively providing the requested services to OIE in response to the MFADS Request for Offers (RFO). Electronic Access to the MFADS RFO: The Commission is making the MFADS RFO available through its web site: http://www.hhsc.state.tx.us/ Closing Date: Offers must be received in the Commission prior to 3:00 p.m. Central Standard Time on October 8, 1997. Offers received after this time and date will not be considered. Application Deadline: Offers submitted must comply with the requirements set forth in the MFADS RFO. Submissions must be mailed (not faxed) to: Diane C. Davis, Project Manager, Texas Health and Human Services Commission, P.O. Box 13247, Austin, Texas 78711-3247, or hand-delivered to Ms. Davis at the Texas Health and Human Services Commission, Brown-Heatly Building, 4900 North Lamar Boulevard, Room 4144, Austin, Texas 78751. A copy of the MFADS RFO will be sent upon written request to Diane Davis at the mailing address previously listed. Issued in Austin, Texas, on August 1, 1997. TRD-9710005 Marina Henderson Executive Deputy Commissioner Texas Health and Human Services Commission Filed: August 1, 1997 Texas Department of Insurance Notice Of Public Hearing The Commissioner of Insurance, at a public hearing under Docket Number 2300 scheduled for September 16, 1997 at 9:00 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, will consider a proposal made in a staff petition. Staff's petition (captioned "Second Petition...") seeks amendment of the Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or adjusted 1995-98 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff's petition (Ref. Number A-0797-21-I) was filed on July 29, 1997. The new and/or adjusted symbols for the Manual's Symbols and Identification Section reflect data compiled on damageability, repairability, and other relevant loss factors for the listed 1995-98 model vehicles. A copy of the petition containing the full text of the proposed amendments to the Manual is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Angie Arizpe at (512) 463-6326; refer to (Ref. Number A-0797-21-I). Comments on the proposed changes must be submitted in writing within 30 days after publication of the proposal in the Texas Register, to the Office of the Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of comments is to be submitted to David Durden, Deputy Commissioner, Property and Casualty Insurance Lines, Texas Department of Insurance, P. O. Box 149104, MC 104-5A, Austin, Texas 78714-9104. This notification is made pursuant to the Insurance Code, Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act). Issued in Austin, Texas, on July 31, 1997. TRD-9709919 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 31, 1997 The Commissioner of Insurance will hold an open meeting on Thursday August 28, 1997 at 9:00 a.m. in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street, Austin, Texas to consider the oral comments from the parties on the proposal for decision in Docket Number 454-96-1639.G to establish benchmark rates for private passenger and commercial automobile insurance pursuant to Arts. 5.101 and 1.33B(c), Texas Insurance Code and to consider such other matters as may properly be brought before the Commissioner. Issued in Austin, Texas, on July 31, 1997. TRD-9709921 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 31, 1997 The Commissioner of Insurance will hold an open meeting on Thursday August 28, 1997 at 9:00 a.m. in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street, Austin, Texas to consider oral comments from the parties on the proposal for decision in Docket Number 454-96-1640.G to establish benchmark rates for private passenger and commercial automobile insurance provided through the Texas Automobile Insurance Plan Association (TAIPA) pursuant to Arts. 5.101, 21.81 and 1.33B(c), Texas Insurance Code and to consider such other matters as may properly be brought before the Commissioner. Issued in Austin, Texas, on July 31, 1997. TRD-9709920 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 31, 1997 The Commissioner of Insurance will hold a public hearing Thursday, August 28, 1997 at 9:00 a.m. in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas to consider the following items: Docket Number 2295: Consideration of proposed amendments to (1) the Texas Automobile Rules and Rating Manual, Rule 14, amending the plan for installments for premium payments for the Personal Auto Policy, and (2) the Texas Standard Provisions for Automobile Insurance Policies, Personal Auto Policy, Special Instructions in regard to installment payments. A hearing on this matter was held July 8, 1997. The hearing was recessed, to be reconvened at a later date. This action is taken pursuant to Articles 5.06, 5.10, 5.96, 5.98, and 5.101 of the Insurance Code. Notice of the original hearing was published in the May 2, 1997 Texas Register (22 TexReg 3929). Docket Number 2296: Consideration of proposed amendments to the Texas Automobile Rules and Rating Manual to change the premium charge for the attachment of appropriate Financial Responsibility Certification endorsements and to re-word endorsements 571 and TE 99 82A. A hearing on this matter was held July 24, 1997. The hearing was recessed, to be reconvened at a later date. The Commissioner is considering whether to amend the current rule to a flat fee, with a level of $50 as proposed by staff, or whether some other amount less than $50 would be more appropriate, based on actual expenses to the companies relating to the SR-22. This action is taken pursuant to Articles 5.06, 5.10, 5.96, 5.98, and 5.101 of the Insurance Code. Notice of the original hearing was published in the June 20, 1997 Texas Register (22 TexReg 5929). Issued in Austin, Texas, on July 31, 1997. TRD-9709922 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 31, 1997 Commission on Jail Standards Consultant Proposal Request Pursuant to the Texas Civil Statutes, Article 6252-11C, the Commission on Jail Standards invites proposals for consulting services from qualified individuals to advise and assist TCJS in a survey of jails across the state under the terms of the Juvenile Justice and Delinquency Prevention Act, Public Law 93-415, as amended. The individual selected will conduct on-site analyses of records and facilities at approximately 60 county and municipal jails and prepare required documentation and reports to verify compliance information regarding the removal of juveniles from the facilities. The selected consultant shall report directly to Bradley Linscomb at the Texas Commission on Jail Standards. All work performed under this contract shall be reimbursed on an hourly basis and is expected to be completed by March 2, 1998. Travel expenses shall be reimbursed based upon state per diem rates with direct operating expenses provided by TCJS. Detailed specifications are contained in the Consultant Proposal Request available August 18, 1997 from the Texas Commission on Jail Standards, 300 West 15th Street, Suite 503, Austin, Texas between the hours of 8:30 a.m. and 4:30 p.m., Monday-Friday. For detailed information, contact Bradley Linscomb at (512) 463-5505. Responses will be accepted only if actually received in writing in the Texas Commission on Jail Standards office no later than September 12,1997 no later than 5:00 p.m., Central Daylight Time on this date. The Texas Commission on Jail Standards reserves the right to reject any or all proposals. All proposals submitted by the deadline will be reviewed by the executive director. The executive director may request interviews with the top rated proposers. Based on proposers response, availability, experience, qualifications and demonstrated ability to work independently, the executive director will select the individual most qualified to provide services. Issued in Austin, Texas, on August 1, 1997. TRD-9710023 Jack E. Crump Executive Director Commission on Jail Standards Filed: August 1, 1997 Texas Natural Resource Conservation Commission Enforcement Orders An agreed order was entered regarding the CITY OF NATALIA, Docket No. 97-0131- MWD-E (Permit No. 11806-001) on July 18, 1997 assessing $1,200 in administrative penalties with $240. deferred. Information concerning any aspect of this order may be obtained by contacting Laurie Eaves, TNRCC Enforcement Coordinator at (512)239-4495, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding KLEBERG COUNTY, Docket No. 96-1855-MWD-E (Permit No. 13374-001) on July 18, 1997 assessing $12,320 in administrative penalties with $3,696 deferred. Information concerning any aspect of this order may be obtained by contacting Cecily Small, TNRCC Staff Attorney at(512)239-0471 or Mary Smith, TNRCC Enforcement Coordinator at (512)239-4484, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding JULIO TISCARENO DBA BUENA VISTA DAIRY, Docket No. 96-1823-AGR-E (No TNRCC Permit) on July 18, 1997 assessing $16,130 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Guy Henry, TNRCC Staff Attorney at (512)239-6259 or Claudia A Chaffin, TNRCC Enforcement Coordinator at (512)239-4717, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding CAROL MORRISON, Docket No. 96-1441-AGR-E (No TNRCC Permit) on July 18, 1997 assessing $9,200 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Booker Harrison, TNRCC Staff Attorney at (512)239-4113 or Claudia Chaffin, TNRCC Enforcement Coordinator at (512)239-4717, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding BUSHLAND INDEPENDENT SCHOOL DISTRICT, Docket No. 96-1099-PWS-E (PWS No. 1880045) on July 18, 1997 assessing $930. in administrative penalties with $279. deferred. Information concerning any aspect of this order may be obtained by contacting Katharine Wheatley, TNRCC Enforcement Coordinator at (512)239-4466, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711- 3087. An agreed order was entered regarding GARY GRAY DBA HIGHLAND SHORES RV PARK, Docket No. 96-1948-PWS-E (PWS No. 2500053) on July 18, 1997. Information concerning any aspect of this order may be obtained by contacting Terry Thompson, TNRCC Enforcement Coordinator at (512)239-6095, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding BEN WHEELER WATER SUPPLY CORPORATION, Docket No. 96-1891-PWS-E (PWS No. 2340006) on July 18, 1997 assessing $1,410 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tom Napier, TNRCC Enforcement Coordinator at (512)239-6063, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding GERALD HEIM DBA HEIM WATER SYSTEM, Docket No. 96-0779-PWS-E (PWS No. 2500026, CCN No. 12227) on July 18, 1997 assessing $930. in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Booker Harrison, TNRCC Staff Attorney at (512)239-4113 or Katharine Wheatley, TNRCC Enforcement Coordinator at (512)239-4757, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding CHARLES TUCKER DBA CHUCK'S CAJUN KITCHEN, Docket No. 97-0208-PWS-E (PWS No. 1012928) on July 18, 1997 assessing $980. in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Cecily Small, TNRCC Staff Attorney at (512)239-2940 or Katharine Wheatley, TNRCC Enforcement Coordinator at (512)239-4757, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding MARSHA WATER SUPPLY CORPORATION, Docket No. 96-0768-PWS-E (PWS No. 2270040, CCN No. 12166) on July 18, 1997 assessing $930. in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Cecily Small, TNRCC Staff Attorney at (512)239-2940 or Katharine Wheatley, TNRCC Enforcement Coordinator at (512)239-4757, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. A default order was entered regarding KATHY WILLIAMS DBA KID'S COUNTRY CHILD CARE, Docket No. 96-0564-PWS-E (PWS No. 1011706) on July 18, 1997 assessing $930. in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Mary R Risner, TNRCC Staff Attorney at (512)239-6224 or Katharine Wheatley, TNRCC Enforcement Coordinator at (512)239-4757, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding NEWELL OIL COMPANY, INCORPORATED, Docket No. 97-0363-PST-E (Facility No. 24636, Enforcement ID No. E11211) on July 18, 1997 assessing $600. in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Raymond C Winter, TNRCC Staff Attorney at (512)239-0600 or Mick Wilson, TNRCC Enforcement Coordinator at (512)239-2228, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding M-CO AUTO PARTS, Docket No. 96-0971-PST-E (Facility No. 32501, Enforcement ID No. E11564) on July 18, 1997 assessing $7,800 in administrative penalties with $2,340 deferred. Information concerning any aspect of this order may be obtained by contacting Raymond C Winter, TNRCC Staff Attorney at (512)239-0600 or Mick Wilson, TNRCC Enforcement Coordinator at (512)239-2228, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding ROGER EVLER, Docket No. 96-0638-PST-E (Facility No. 0043523, Enforcement ID No. E11246) on July 18, 1997 assessing $4,400 in administrative penalties with $1,320 deferred. Information concerning any aspect of this order may be obtained by contacting Raymond Winter, TNRCC Staff Attorney at (512)239-0477 or Sushil Modak, TNRCC Enforcement Coordinator at (512)239-2142, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding PRICE CONSTRUCTION, INCORPORATED, Docket No. 96-1036-PST-E (Facility No.43098, Enforcement ID No. 5034) on July 18, 1997 assessing $6,900 in administrative penalties with $2,070 deferred. Information concerning any aspect of this order may be obtained by contacting Raymond Winter, TNRCC Staff Attorney at (512)239-0477 or Craig Carson, TNRCC Enforcement Coordinator at (512)239-2175, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding P & M ASSOCIATES, Docket No. 96-1840-PST-E (Facility No. 12490, Enforcement ID No. 4319) on July 18, 1997 assessing $1,800 in administrative penalties with $540. deferred. Information concerning any aspect of this order may be obtained by contacting Raymond Winter, TNRCC Staff Attorney at (512)239-0477 or Craig Carson, TNRCC Enforcement Coordinator at (512)239-2175, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding TEXAS GROCERIES, INCORPORATED, Docket No. 96-1341-PST-E (Facility No. 37056, Enforcement ID No. E11112) on July 18, 1997 assessing $10,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Patricia Welton, TNRCC Staff Attorney at (512)239-0682 or Adele Noel, TNRCC Enforcement Coordinator at (512)239-1045, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding MR. ALFREDO MORENO DBA MORENO'S TEXACO, Docket No. 96-0648-PST-E (Facility No. 18293, Enforcement ID No. E11531) on July 18, 1997 assessing $5,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tracy L. Harrison, TNRCC Staff Attorney at (512)239-1736 or Connie Wong, TNRCC Enforcement Coordinator at (512)239-2567, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding GATEWAY TRUCK STOP, Docket No. 96-0315- PST-E (Facility No. 11872, Enforcement ID No. E11448) on July 18, 1997 assessing $1,200 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Hodgson Eckel, TNRCC Staff Attorney at (512)239-2195 or Connie Wong, TNRCC Enforcement Coordinator at (512)239-2567, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding GULSHAN, INCORPORATED, Docket No. 96-0475- PST-E (Facility No. 24890, Enforcement ID Nos. E11515 & E11238) on July 18, 1997 assessing $11,200 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Walter Ehresman, TNRCC Staff Attorney at (512)239-0573 or Connie Wong, TNRCC Enforcement Coordinator at (512)239-2567, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was entered regarding EGP FUELS COMPANY, Docket No. 96-0513-IHW- E (SWR No. 30282, EPA ID No. TXD008084238) on July 18, 1997 assessing $9,600 in administrative penalties with $2,880 deferred. Information concerning any aspect of this order may be obtained by contacting Anne Rhyne, TNRCC Enforcement Coordinator at (512)239-1291, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087. Issued in Austin, Texas, on August 1, 1997. TRD-9710049 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: August 1, 1997 Notice of Amendment of a Consulting Services Contract The Texas Natural Resource Conservation Commission (TNRCC) furnishes this notice of an amendment of a consulting services contract which was awarded for Aquatic Resource Impairment of Resacas by Nonpoint Source Pollution from Urban Runoff in the Brownsville, Texas Area. The notice for request for proposals was published in the July 9, 1993, issue of the Texas Register. Description of Services. The contractor will conduct a research project which will study water quality impairment of resacas (oxbow lakes) due to nonpoint source pollution in the Brownsville area. The Texas Natural Resource Conservation Commission has identified the following as the overall objectives of the pilot project: to identify and characterize nonpoint source pollution in runoff from specific areas; to design and implement a field assessment (sampling) which determines the beneficial use support status of the area's resacas and identifies the cause and source of any use impairments identified; and to provide information necessary to make a supporting/nonsupporting beneficial use determination for the resacas and identify possible impairments due to nonpoint source pollution. Effective Date and Value of Contract. This amendment is adding Seven Thousand Dollars ($7,000) and is changing the termination date from August 31, 1997 to a new termination date of August 31, 1998. The amendment will make the contract effective from September 1, 1994 until August 31, 1998. The total cost of the contract is $207,000.00. Name of the Contractor. The contract has been awarded to Ambiotec Environmental Consultants at P.O. Box 2565, Harlingen, Texas 78551. Persons who have questions concerning this award may contact Charles Dvorsky, Manager (MC150), Data Collection Section, Water Quality Division, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 239-4411. Issued in Austin, Texas, on August 4, 1997. TRD-9710053 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: August 4, 1997 Notice Of Application For Municipal Solid Waste Management Facility Permit For The Week Ending August 1, 1997 CITY OF ELDORADO has applied for a permit (Proposed Permit No. MSW2264) to authorize a Type I-AE municipal solid waste facility. The permittee will be authorized to dispose of municipal solid waste resulting from or incidental to municipal, community, commercial, institutional, and recreational activities; municipal solid waste resulting from construction or demolition projects; Class 2 and Class 3 industrial solid waste; and special wastes that are properly identified. Solid waste may be accepted at a rate not to exceed the amount of 20 tons per day based on an annual average. The permit would allow the operating hours of this municipal solid waste facility to be any time between the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday. The facility may operate within these approved hours at the discretion of the site management. The site will cover approximately 75.465 acres of land and is to receive approximately 18.5 tons of solid waste per day. The municipal solid waste facility will be located approximately 5 miles west of the City of Eldorado, 1.2 miles north of U.S. Highway 190 on County Road 404 in Schleicher County, Texas. If you wish to request a public hearing, you must submit your request in writing. You must state (1) your name, mailing address and daytime phone number; (2) the application number, TNRCC docket number or other recognizable reference to the application; (3) the statement I/we request an evidentiary public hearing; (4) a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; and (5) a description of the location of your property relative to the applicant's operations. 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 1101, Texas Natural Resource Conservation Commission, Mail Code 105, P.O. Box 13087, Austin, Texas 78711. Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. Issued in Austin, Texas, on August 1, 1997. TRD-9710050 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: August 1, 1997 Provisionally-Issued Temporary Permits to Appropriate State Water Listed below are permits issued during the period of August 1, 1997. Application No. TA-7842 by Bryan Construction Company for diversion of 4 acre- feet in a 1-year period for industrial (hydrostatic testing) purposes. Water may be diverted from Plum Creek, approximately 2.5 miles east of Lockhart, Caldwell County, Texas near the intersection of Plum Creek and FM-20, Guadalupe River Basin. Application No. TA-7844 by Redtown Farm for diversion of 10 acre-feet in a 6- month period for irrigation use. Water may be diverted from the Trinity River, approximately 17 miles southwest of Palestine, Anderson County, Texas, Trinity River Basin. Application No. TA-7847 by Gilbert Texas Construction for diversion of 6.0 acre- feet during a 12 month period for industrial purposes. Water may be diverted from the Sabine River, Sabine River Basin, at the Interstate Highway 20 crossing, approximately 2 miles west of Longview, Gregg County, Texas, Sabin River Basin. The Executive Director of the TNRCC has reviewed each application for the permits 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 permits listed above 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 canceled without notice and hearing. No further diversions may be made pending a full hearing as provided in Section 295.174. Complaints should be addressed to Water Rights Permitting Section, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, Telephone (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, Telephone (512) 239-3300. Issued in Austin, Texas, on August 1, 1997. TRD-9710048 Eugenia K. Brumm, Ph.D. Chief Clerk Texas Natural Resource Conservation Commission Filed: August 1, 1997 Public Notices Request for Nominations to Appoint Nine Individuals to the Waste Reduction Advisory Committee 152 The Texas Natural Resource Conservation Commission (TNRCC) is soliciting nominations to fill nine (9) of the thirteen (13) memberships of the Waste Reduction Advisory Committee which expire on August 31, 1997. Five (5) of the expiring terms are official members and four (4) are ex officio. TNRCC Commissioners, at an Agenda, will appoint nine (9) advisory committee members to new terms which will expire on August 31, 2001. The Waste Reduction Advisory Committee (WRAC) was established by the 71st Texas Legislature in 1989 under Section 361.0215 of the Texas Health and Safety Code to advise the Commission on matters dealing with pollution prevention and waste reduction programs. The WRAC has been instrumental in creating a nationally recognized state pollution prevention program, including the development and monitoring of the Waste Reduction Policy Act of 1991, and voluntary environmental programs such as CLEAN TEXAS 2000. The WRAC helped establish the Governor's Awards for Environmental Excellence, and is working to promote regulatory integration of pollution prevention into existing and future regulatory programs. The WRAC is composed of nine official members who offer a balanced representation of environmental and public interest groups and the regulated community. Two statewide ex officio positions were established by the Commission in 1992 and two local government ex officio positions were established by the Commission in 1995 to provide additional participation from local and regional government and state legislators. The WRAC advises the commission on various activities including: the appropriate organization of state agencies and the financial and technical resources required to aid the state in its efforts to promote waste reduction and minimization; the development of public awareness programs on household hazardous waste programs; and the provision of technical assistance to local governments for development of waste management strategies. The WRAC also reviews and evaluates pollution prevention programs to assist in effective implementation of the state's waste management hierarchy. The WRAC operates under the requirements of the Texas Administrative Code, Title 30, Part I, Chapter 5, entitled Advisory Committees. The WRAC meets a minimum of four times per year and as needed. Members may not miss three consecutive regularly scheduled meetings or more than half of all the regularly scheduled meetings in a one-year period. The meetings usually last one full day and are held at the TNRCC in Austin, Texas. Members are not reimbursed for expenses incurred to attend meetings and do not receive financial compensation. The WRAC must report in writing to the TNRCC Commission a minimum of once per year, unless otherwise directed. The TNRCC Commissioners invite nominations for the following nine (9) positions. Each nomination should include a biographical summary which includes the individual's experience and qualifications and an agreement to serve on the committee. Please submit nomination(s) for the following vacancies to maintain a balanced representation on the WRAC: One (1) representatives from an environmental or public interest group; Three (3) representatives from the regulated community; One (1) representative from the academic community; A local government representative; A regional government representative; A State Senator; and A State Representative. Written nominations must be received in the TNRCC Office of Pollution Prevention and Recycling by 5:00 p.m. on August 29, 1997. Nominations should be directed to: Ken Zarker, Manager, Strategic Partnerships Program, Office of Pollution Prevention and Recycling (MC 112), TNRCC, P.O. Box 13087, Austin, Texas 78711- 3087, E-mail to kazarker@tnrcc.state.tx.us or fax to (512) 239-3165. Questions regarding the Waste Reduction Advisory Committee can be directed to Mr. Zarker at (512) 239-3145. Issued in Austin, Texas, on August 4, 1997. TRD-9710070 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: August 4, 1997 The executive director of the Texas Natural Resource Conservation Commission (TNRCC) by this notice is issuing a public notice of intention to delete (delist) a facility from the State Registry (State Superfund Registry) of sites which may constitute an imminent and substantial endangerment due to a release or threatened release of hazardous substances into the environment. The site proposed for delisting is the Waste Oil Tank Service State Superfund site which was originally placed on the State Superfund Registry list on January 22, 1988 (13 TexReg 427-428). The site is located on a one-half acre lot in north-central Houston near the intersection of Aldine Westfield Road and Hartwick Road (2010 Hartwick Road). The site has been cleared and currently is vacant and enclosed by a chain-link fence with a locked gate. The fence and gate have been inspected and maintained on a monthly basis. In 1975, the site was developed to operate as a waste oil collection and transfer facility and stored waste oil collected from various sources in the greater Houston area. The primary source of waste oil was gasoline retail stations; however, waste oil was also reportedly collected from nearly every significant waste oil generator in the Houston area. In addition, paint thinner, transformer oil, lubricating oil, diesel fuel, compressor oil, crude-slop, mineral spirits, methyl ethyl ketone, trichloroethylene, xylene, naptha, spent acid solution, antifreeze, hydraulic oil, solvents with organic residues, and miscellaneous chemicals were handled at the site. Activities at the site decreased in magnitude between 1984 and 1991, and ceased in 1991. A waste characterization study was completed during July and August, 1995 to characterize the nature and volume of wastes present at the site. Subsequent to the completion of the waste characterization study, a waste removal action was performed during October and November, 1995. A total of 58,476 gallons of oily water, oily water/sludge, rainwater, and oil and water were removed from the site and either injected into a permitted deep well, properly disposed of at a permitted landfill, or treated. A total of 748 cubic yards of soil, oily sludge and water, concrete and debris were also removed and properly disposed of at a permitted landfill. A total of 65 55-gallon drums were cleaned, crushed, and combined with the on-site debris and disposed of at a permitted landfill. A previously-unreported 2,000 gallon underground storage tank was removed and cleaned and transported to a recycling center along with 67 used automobile tires. A remedial investigation work plan was developed and submitted to the TNRCC for review. The purpose of the remedial investigation was to characterize the current condition of the surface soils, subsurface soils, surface water, and groundwater at the site. The scope of work included the collection and analysis of surface and subsurface soils, the installation of groundwater monitoring wells and the collection and analysis of surface water samples from the ditch located directly in front of the site. The remedial investigation work plan was approved by the TNRCC on April 25, 1996. The remedial investigation was completed and a report dated August 7, 1996, was submitted to the TNRCC for review. Based on an evaluation of all identified media of concern at the site, lead in surface soil and benzene, iron and manganese in groundwater were identified as requiring further evaluation at the site. To further evaluate groundwater, a quarterly groundwater sampling and monitoring program was initiated. The remedial investigation report was approved by the TNRCC on September 30, 1996. Site risks were evaluated through the preparation of a human health risk assessment which used facts and assumptions to estimate potential adverse effects on human health from exposure to the existing contamination at the site. A draft risk assessment dated December 2, 1996 was prepared and submitted to the TNRCC for review. The draft risk assessment concluded that there were three areas at the site that had concentrations of polynuclear aromatic hydrocarbons (PAHs) above background concentrations in the surface soils. Therefore, on March 10, 1997, a supplemental removal action was conducted in an attempt to remove the surface soils down to background levels in the aforementioned three areas of concern. A total of 30 cubic yards of soil was removed and transported off-site for disposal at a permitted landfill. Subsequent to the completion of a supplemental removal action report, the human health risk assessment was revised to incorporate current site conditions. The constituent database for surface soils was revised by substituting the results associated with the soil removed during the supplemental removal action with the confirmatory samples. The confirmatory test results indicated that there are surface soils with concentrations slightly above background concentrations but well below residential cleanup standards. The final human health risk assessment dated June 3, 1997, was submitted to the TNRCC for review. The final human health risk assessment concluded the evaluation of potential future exposure of on-site residents or workers to surface soils, subsurface soils , and groundwater indicates the site no longer poses an unacceptable risk to human health and therefore no further action is warranted. The site specific analytical data for the site supports the conclusion that this site is usable for residential development without any further remedial action. A deed recordation will be placed on the site in order to document the levels of constituents which are slightly above background concentrations. The executive director has determined that this site does not present an imminent and substantial endangerment to public health and safety or the environment and is therefore eligible for deletion from the list of sites proposed for the State Superfund Registry in accordance with 30 Texas Administrative Code (TAC), sec.335.344(c). In accordance with 30 TAC sec.335.344(b), the TNRCC shall hold a public meeting to receive comment. This meeting is not considered a contested case hearing within the meaning of Texas Government Code, Chapter 2001. This meeting shall be held upon initiation by the executive director or by requests filed with the executive director before 5:00 p.m. Monday, September 8, 1997. At least 30 days prior to the date set for the meeting, notice shall be provided by first class mail to all PRPs and other interested persons, and by publication in a newspaper of general circulation in the county where the facility is located. The person submitting the request shall bear the cost of the publication of the notice. The Waste Oil Tank Service State Superfund site will be delisted from the State Superfund Registry if a public meeting challenging this determination by the executive director is not requested by any interested person(s) before the designated date. All inquiries regarding the Waste Oil Tank Service State Superfund site should be directed to Michael A. Bame, C.P.G. at (800) 633-9363 (within Texas only) or (512) 239-5658. A portion of the records for this site, including documents and testing results pertinent to the executive director's determination, are available for inspection and copying at the Kashmere Gardens Branch of the Houston Public Library, 5411 Pardee, Houston, Texas, telephone (713) 674-8461. Kashmere Branch Library operating hours are: Monday, Noon to 9:00 p.m.; Tuesday, 10:00 a.m. to 9:00 p.m.; Wednesday, 10:00 a.m. to 6:00 p.m.; Thursday, Noon to 9:00 p.m.; Friday, 10:00 a.m. to 6:00 p.m. and Saturday, 10:00 a.m. to 6:00 p.m. Copies of the complete public file may be obtained during regular business hours at the TNRCC, Central Records, Building D, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, telephone (800) 633-9363 or (512) 239-2920. Copying of file information is subject to payment of a fee. Issued in Austin, Texas, on August 4, 1997. TRD-9710071 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: August 4, 1997 Permian Basin Regional Planning Commission Request for Proposal I. INTRODUCTION GENERAL INFORMATION The Permian Basin Regional Planning Commission (PBRPC) is requesting proposals from qualified firms of certified public accountants to audit financial statements for the fiscal year ending September 30, 1997. This audit is to be performed in accordance with generally accepted auditing standards; the standards set forth for financial audits in the U.S. General Accounting Office's (GAO) Government Auditing Standards (1984); the provisions of the federal Single Audit Act of 1984, as amended; U.S. Office of a Management and Budget (OMB) Circular A-128, Audits of State and Local Governments, until rescinded, or circular A-133, Audits of Institutions of Higher Education and Non-profit Institutions, as revised to cover state and local governments, or any additional requirements. Each proposal received will become a part of PBRPC's official files without obligation on the part of PBRPC. The requested proposal is to include three annual audits covering 12-month fiscal years beginning October 1, 1997. The reports required include statements as directed by each grant agency and/or as required to meet the Single Audit Act and OMB Circular Number A-128. Pertinent criteria, background, deadlines and the format requirements are contained in the following information. II. BACKGROUND The audit must comply with Generally Accepted Auditing Standards, as stated in AICPA Statements on Auditing Standards, the provision of the Single Audit Act, the generally accepted government auditing standards issued by the GAO and OMB Circular No. A-128 or A-133. DATES OF INTEREST FOR THE RFP: The periods to be audited are fiscal years ended September 30, 1997, 1998 & 1999 for the Permian Basin Regional Planning Commission. Proposals must be received in the office of the PBRPC no later than 5:00 p.m., Central Daylight time, on September 1, 1997. III. SCOPE OF AUDIT The auditor will be responsible for the completion of the following tasks: 1. Selection of audit samples of grants to be audited. 2. Comprehensive financial audit of all grants are required by law. (Attachment A). 3. Statement and schedule will be prepared by the auditor with the assistance of staff as necessary. 4. The Finance Department staff and responsible Management Personnel will be available during the audit to assist the firm by providing information, documentation and explanations. 5. All records are maintained by the PBRPC, and will be audited at the office of the PBRPC. Proposals should be addressed to: Ernie Crawford, Executive Director, Permian Basin Regional Planning Commission, P.O. Box 60660, Midland, Texas 79711-0660. In addition, the envelope should be marked, "Sealed Proposal for Auditing Services" in the lower left-hand corner. Based upon the information provided in Section II, the proposals should state a minimum fee that will be charged for each level of staff if the PBRPC authorizes the firm to expand the scope of engagement. Proposals should also provide for the printing, typing and delivery of 50 copies of the completed audit report no later than ninety (90) days after the end of the fiscal year audited. Each proposal should have a maximum charge for each fiscal year audited. PBRPC reserves the right to reject any and all proposals submitted and to request additional information from all proposers. All entities submitting proposals will be notified no later than September 15, 1997 of the audit firm to which the contract has been awarded. Questions concerning this request for proposals should be forwarded to: Helen Grady, 915/563-1061. IV. CRITERIA: Criteria for the selection of the auditor are established as follows: 1. Information of the firm's background and experience auditing; programs financed by the federal government; state, county and local government activities; nonprofit organizations; and commercial entities. 2. Proposals should contain resumes of team members to be assigned to this project by the auditor. These resumes should further specify the role to be played by each member during the conduct of the audit. Emphasis should be placed on prior audit experience relative to state and federal grants or subcontractors. A description of the partner(s) and manager(s) to be assigned to the engagement, including their resumes. Failure of the firm to assign individuals included in the team description. may be cause for termination of the contract. 3. Information as to the size and organizational structure of the firm. 4. The firm's ability to provide 50 copies of the auditor's report, the financial statements and schedules, the management letter, and the report on internal accounting control weaknesses. The partner in charge of the audit shall be free to attend up to three public meetings a year as directed by the PBRPC at which the audit report will be discussed. 5. The firm shall make available its working papers to any or all grantors to the PBRPC upon request, and in accordance with federal and state grant provisions. 6. Ability of the firm to contain the cost of the audit. 7. Ability of the firm to meet the ninety (90) day deadline. ATTACHMENT A Grants to be audited FY 97 Grant or Contract-Budget Total Indirect Cost-$551,069 Employee Benefits-$536,205 Area Agency on Aging-$1,363,482 Job Training Partnership Act (JTPA)-$684,924 JTPA Field Services-$3,831,649 Criminal Justice Division Academy-$181,105 Planning and Transportation-$229,932 9-1-1 Planning and Implementation-$1,570,818 Solid Waste Management-$334,624 TOTAL-$9,283,808 Issued in Austin, Texas, on August 1, 1997. TRD-9710009 Terri Moore Director of Personnel and Administrative Services Permian Basin Regional Planning Commission Filed: August 1, 1997 Texas Department of Public Safety Local Emergency Planning Committee Hazardous Materials Emergency Preparedness Grants Request Proposals INTRODUCTION: The Governor's Division of Emergency Management (DEM), acting for the State Emergency Response Commission (SERC), is requesting proposals for Local Emergency Planning Committee (LEPC) Hazardous Materials Emergency Preparedness (HMEP) grants to be awarded to Cities/Counties representing LEPCs to further their work in hazardous materials transportation emergency planning. DESCRIPTION OF ACTIVITIES: LEPCs are mandated by the federal Emergency Planning and Community Right-to-Know Act (EPCRA) to provide planning and information for the community relating to chemicals in use, storage or transit. The U.S. Department of Transportation has made grant money available to enhance communities' readiness for responding to transportation hazardous materials incidents. A grant may be used by an LEPC in various ways, depending on a community's needs. ELIGIBLE APPLICANTS: Each proposal must be developed by an LEPC, the membership of which is recognized by the SERC, in cooperation with county and/or city governments. The proposal must be approved by a vote of the LEPC. Each LEPC shall arrange for a city or county to serve as its fiscal agent for management of any and all moneys awarded under this grant. CERTIFICATION: The fiscal agent must provide certification to commit funds for this project. The certification must be in the form of an enabling resolution from the county or authorization to commit funds from the city as appropriate. BUDGET LIMITATIONS: Total funding for these grants is dependent on the amount granted to the state from the U.S. Department of Transportation. No less than seventy-five percent of the money granted to the state for planning will be awarded to LEPCs. This is the third of a series of annual grant awards which will be issued through FY 1998. Grants will be awarded based on population, Hazardous Materials risk, need, and cost-effectiveness as judged by DEM. DEM will fund 80% of the total project cost. Twenty percent (20%) of the project cost must be borne by the grantee. Approved in-kind contributions may be used to satisfy this contribution. LEPCs must maintain the same level of spending for planning as the average of the past two years, in addition to the grant. EXAMPLES OF PROPOSALS: - Development, improvement, and implementation of emergency plans required under the Emergency Planning and Community Right-to-Know Act (EPCRA), as well as exercises which test the emergency plan. Improvement of emergency plans may include hazards analysis as well as response procedures for emergencies involving transportation of hazardous materials, including radioactive materials. - An assessment to determine flow patterns of hazardous materials within a State, between a State and another State or Indian Country, and development and maintenance of a system to keep such information current. - An assessment of the need for regional hazardous materials emergency response teams. - An assessment of local response capabilities. - Conducting emergency response drills and exercises associated with emergency preparedness plans. - Technical staff to support the planning effort. (Staff funded under planning grants cannot be diverted to support other requirements of EPCRA.) - Public outreach about Hazardous Materials Training issues such as community protection, chemical emergency preparedness, or response. - Any other planning project related to the transportation of hazardous materials approved by DEM. CONTRACT PERIOD. Grant contracts begin as early as December 15, 1997, and end August 15, 1998. FINAL SELECTION. The DEM shall review the proposals. SERC Subcommittee on Planning will make final selection. The State is under no obligation to award grants to all applicants. APPLICATION FORMS AND DEADLINE. The "Request for Proposals and Application Package" should be sent via certified/registered/ federal express, requiring a signature, to the Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0001. An application may be requested by calling DEM at 512/424- 5985. The original and four copies of the completed application must be received at the above address by 5:00 P.M. on September 30, 1997. For further information, please call 512/424-5985. Issued in Austin, Texas, on July 25, 1997. TRD-9709967 Dudley Thomas Director Texas Department of Public Safety Filed: August 1, 1997 Public Utility Commission of Texas First Amended Petition of Southwestern Public Service Company for Authority to Surcharge Under-Recoveries of Fuel Expenses and for a Related Good Cause Waiver On July 18, 1997, Southwestern Public Service Company filed with the Public Utility Commission of Texas, a first amended petition for authority to surcharge under-recovery of fuel and purchased power expenses and for a related good cause waiver. All classes of Southwestern Public Service Company's Texas retail customers will be affected by the proposed surcharge to recover approximately $16 million. These charges will be subject to final review by the Public Utility Commission of Texas in Southwestern Public Service Company's next fuel reconciliation proceedings. Southwestern Public Service Company is also seeking a good cause waiver of PUC Substantive Rule 23.23(b)(3)(C)(v) to permit recovery of the surcharge over 12 months rather than in one lump sum. The petition has been designated Docket Number 17410. Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, William B. Travis Building, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or contact the Public Utility Commission Office of Customer Protection at (512) 936-7120 within 15 days of the date of publication. Hearing and speech-impaired individuals with text telephones (TTY) may contact the Public Utility Commission of Texas at (512) 936-7136. All correspondence should refer to Docket Number 17410. Issued in Austin, Texas, on July 31, 1997. TRD-9709960 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 31, 1997 Notices of Intent File Pursuant to PUC 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 PUC Substantive Rule 23.27 for an optional feature addition to the existing PLEXAR-custom service for Prairie View A&M University in Prairie View, Texas. Tariff Title and Number: Application of Southwestern Bell Telephone Company for an Optional Feature Addition to the Existing PLEXAR-Custom Service for Prairie View A&M University in Prairie View, Texas, Pursuant to PUC Substantive Rule 23.27. Tariff Control Number 17747. The Application: Southwestern Bell Telephone Company is requesting approval for an optional feature addition to the existing PLEXAR-custom service for Prairie View A&M University in Prairie View, Texas. The geographic service market for this specific service is the Houston local access and transport area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711- 3326, or call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on August 1, 1997. TRD-9710002 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: August 1, 1997 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to PUC Substantive Rule 23.27 for a new PLEXAR-custom service for the State of Texas Auditor in Austin, Texas. Tariff Title and Number: Application of Southwestern Bell Telephone Company for a new PLEXAR-Custom service for the State of Texas Auditor in Austin, Texas, pursuant to PUC Substantive Rule 23.27. Tariff Control Number 17733. The Application: Southwestern Bell Telephone Company is requesting approval for a new PLEXAR-custom service for the State of Texas Auditor in Austin, Texas. The geographic service market for this specific service is the Austin local access and transport area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711- 3326, or call the commission's Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. Issued in Austin, Texas, on July 31, 1997. TRD-9709962 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 31, 1997 Notice of Workshop on NXX Exhaust Alternatives: Long-Term Solutions in NPA Relieft Planning The staff of the Public Utility Commission of Texas is hosting a workshop and industry panel discussion regarding long-term solutions for area code relief planning. The workshop is scheduled for Tuesday, August 26, 1997 from 1:00 p.m. to 5:00 p.m. in the commissioners hearing room at the Public Utility Commission, 7th floor, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78711-3326. Area codes across the country are exhausting, in part due to current NXX allocation practices that result in thousands of unused, but non- transferable, telephone numbers. A panel discussion among industry representatives and the staff will provide information on NXX allocation alternatives such as rate center consolidation, NXX auditing, number pooling, and transparent overlay systems. The staff intends to use information obtained through the workshop discussions to develop a recommendation on a specific long- term solution for NPA relief planning for consideration by the commission. All interested parties are invited to attend. For more information contact Ms. Jackie Follis at (512) 936-7358. Issued in Austin, Texas, on August 1, 1997. TRD-9710003 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: August 1, 1997 NPA Relief Planning Meeting for the 214/281, and 512 Area Codes The staff of the Public Utility Commission of Texas is holding the final core group meeting in Project Numbers 16899 - NPA Relief Planning for the 214/972 Area Codes; 16900 - NPA Relief Planning for the 713/281 Area Codes; and 16901 - NPA Relief Planning for the 512 Area Code from 10:00 a.m. to noon on Tuesday, August 26, 1997 in the commissioners' hearing room at the offices of the Public Utility Commission, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78711-3326. Staff will discuss comments received from the public hearings and provide for final consideration of the relief alternatives by the core group. All interested parties are invited to attend. For more information contact Ms. Jackie Follis at (512) 936-7358. Issued in Austin, Texas, on August 1, 1997. TRD-9709996 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: August 1, 1997 Public Notice of Interconnection Agreement On July 23, 1997, United Telephone Company of Texas, Inc. d/b/a Sprint and Central Telephone Company of Texas d/b/a Sprint (Sprint), and AT&T Wireless Services, Inc. (AT&T Wireless) collectively referred to as Applicants, filed a joint application for approval of an interconnection agreement under the Federal Telecommunications Act of 1996 (FTA) (47 United States Code sec.sec.151 et seq.) and the Public Utility Regulatory Act of 1995 (PURA95) (Texas Revised Civil Statutes Annotated article 1446c-0, Vernon 1997). The joint application has been designated Docket Number 17719. The joint application and the underlying master resale agreement are available for public inspection at the commission's offices in Austin, Texas. The FTA authorizes the commission to review and approve any interconnection agreement adopted by negotiation of the parties. Pursuant to FTA sec.252(e)(2) the commission may reject any agreement if it finds that the agreement discriminates against a telecommunications carrier not a party to the agreement, or that implementation of the agreement, or any portion thereof, is not consistent with the public interest, convenience, and necessity. Additionally, under FTA sec.252(e)(3), the commission may establish or enforce other requirements of state law in its review of the agreement, including requiring compliance with intrastate telecommunications service quality standards or requirements. The commission must act to approve the agreement within 90 days after it is submitted by the parties. The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing 18 copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the Applicants. The comments should specifically refer to Docket Number 17719. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by September 5, 1997, and shall include: 1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests; 2) specific allegations that the agreement, or some portion thereof: a) discriminates against a telecommunications carrier that is not a party to the agreement; or b) is not consistent with the public interest, convenience, and necessity; or c) is not consistent with other requirements of state law; and 3) the specific facts upon which the allegations are based. After reviewing any comments, the commission will determine whether to conduct further proceedings concerning the joint application. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the Applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing. Persons with questions about this docket or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission Office of Customer Protection at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 17719. Issued in Austin, Texas, on July 31, 1997. TRD-9709961 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 31, 1997 Texas Department of Transportation Public Notice In accordance with Title 43, Texas Administrative Code, sec.11.88(d)(2), the Texas Department of Transportation is publishing a Record of Decision (ROD) for the proposed construction of S.H. 161 from I.H. 20 to S.H. 183 in the Cities of Grand Prairie and Irving, Dallas County which was signed on April 7, 1997. By publication in the October 29, 1996, issue of the Texas Register, the department gave notice of the availability of the Supplemental Final Environmental Impact Statement and Final sec.4(f) Statement for the project. The 30 day comment period has expired and the following Record of Decision has been executed. Decision: Based on the State Highway 161 (SH 161) Supplemental Final Environmental Impact Statement (SFEIS) and Final sec.4(f) Statement, the Texas Department of Transportation (TxDOT) has determined that the proposed project is an appropriate course of action. Alternative 2A is a new location 17.4 kilometer (10.8 mile) north-south four/six-lane controlled access freeway, with three-lane frontage roads. The four lane freeway would extend from Interstate Highway 20 (IH 20) to Interstate Highway 30 (IH 30); the six lane freeway would extend from IH-30 to State Highway 183 (SH 183), traversing through the Cities of Grand Prairie and Irving, Dallas County, Texas. Since the original route study report in 1970 traffic demand in the SH 161 corridor has continued to increase. According to the Dallas-Fort Worth Regional Travel Model (DFWRTM), traffic projections for the year 2015 are anticipated to be 90,000 vehicles per day (from IH 20 to IH 30) and 150,000 vehicles per day (from IH 30 to SH 183). These projections indicate that a north-south facility is warranted in this corridor. Moreover, local governments have acknowledged the need for SH 161 to improve mobility for western Dallas County and fully support the project. Proposed SH 161 is a part of the thoroughfare plans of the Cities of Grand Prairie, Irving, and Dallas County. As delineated in the SFEIS, SH 161 Alternative 2A would result in the fewest environmental and socio-economic impacts; 59 single family residences, 7 multi- family residences, 13 commercial/industrial operations, 2 places of worship, and a portion of C.P. Waggoner Park would be displaced. However, no disproportionately high or adverse effects on the human health or environment of minority or low-income population would result. No distinct neighborhoods or ethnic groups would be separated or isolated. Relocation assistance will be provided by the Texas Department of Transportation (TxDOT) in accordance with the provisions of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. An air quality analysis was performed using the computer dispersion model CALINE3 for the staged-construction year 2010 and the year 2015 (the design year). The projected one-hour and eight-hour carbon monoxide (CO) concentrations were found to be below the National Ambient Air Quality Standards (NAAQS) as set by the Environmental Protection Agency (EPA). The project is in both the conforming plan and transportation improvement program (TIP) with the same number of through travel lanes and as the same type of facility (freeway with interchanges and frontage roads) being approved by this record of decision (ROD). As required by the 1990 Clean Air Act Amendments (CAAA) sec.176(c)(4), an air quality conformity analysis was conducted for the long range transportation plan and TIP. The analysis verified that this transportation plan and TIP, which include this project, conform to the State Implementation Plan (SIP), therefore, this project conforms. An update to the regional transportation plan, Mobility 2010: Plan Update has been prepared in response to the planning requirements of the Intermodal Surface Transportation Act of 1991 (ISTEA). A major emphasis of the Plan Update is management of the regional transportation system. The Plan Update is constrained to available financial resources and has been determined to conform based on requirements of the CAAA. Moreover, the 1996 Transportation Improvement Program (TIP) also conforms to the CAAA. SH 161 is included in the Plan Update and the 1996 TIP (modeled as a free facility) and is also consistent with the financial constraints of the Plan Update. The Plan Update and the 1996 TIP have been approved by the Regional Transportation Council and endorsed by the Executive Board, acting together as the Metropolitan Planning Organization for the Dallas- Fort Worth Metropolitan Area. Mobility 2010 and the 1996 TIP were found to conform on January 12, 1996, by the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA). An analysis of predicted highway traffic noise indicated SH 161 noise levels would approach or exceed the noise abatement criteria or result in a substantial increase above the ambient noise levels. Accordingly, noise abatement measures, including noise walls, were modeled and it has been determined that some noise walls are feasible. Final details of noise wall design cannot be determined until detailed roadway construction plans have been adequately prepared. At a later stage of project development, further public involvement will be conducted, and the decision to construct these noise walls will be made. Within the project corridor, there are no structures listed in the National Register of Historic Places or designated as State Historic Landmarks. Two potential archaeological sites would be impacted: an historic farmstead within the Fish Creek drainage; and a prehistoric open campsite adjacent to Cottonwood Creek. In accordance with the Programmatic Agreement between the FHWA, the Advisory Council on Historic Preservation, the TxDOT, and the Texas Historical Commission, efforts to identify archaeological resources will continue to be undertaken for the selected alternative upon acquisition of right of way. Coordination with the United States Army Corps of Engineers (USACE) has determined that a total of 0.9 acres of wetlands and 4.1 acres of jurisdictional waters of the United States would be impacted at various crossings along the project length. Because none of these sites are individually more than one-third acre in size or located above headwaters, the construction of SH 161 would be authorized by Nationwide permits under sec.404 of the Clean Water Act. The hydraulic design practices for SH 161 would conform to requirements of the Federal Emergency Management Agency and affected local governments. All SH 161 route alternatives pass over or near property which is considered at risk of soil or water contamination by hazardous substances; however, an investigation revealed there was little variation in the number of potentially contaminated sites along the various route alternatives. A detailed site investigation for the preferred alternative revealed no evidence of significant contamination. Alternatives Considered: In addition to the No-Build alternative, three main corridors and variations were examined in the SFEIS and Final sec.4(f) Statement. All Carrier Parkway Alternatives were designated with the number 1, Previously Studied Corridor Alternatives designated with the number 2, and Belt Line Road Alternatives with the number 3. Relative to other alternatives, Alternative 2A was found to: cause the fewest number of displacements and relocations; best serve the future predicted traffic needs; impact the fewest noise receivers; and be the least expensive route to construct. Additionally, Alternative 2A has the support of affected local governments; Alternative 2A was found to have impacts comparable to the other alternatives relating to: air quality, wetlands and jurisdictional waters, riparian woodlands, potential historical/archaeological sites; and potential hazardous waste sites. Based on the alternatives analysis for proposed SH 161 Alternative 2A will result in the least impacts to the human environment and is designated as both the Environmentally Preferred and Technically Preferred Alternative. A Single Occupancy Vehicle (SOV) analysis was performed to investigate alternatives to building additional SOV lanes for SH 161. Various congestion reduction strategies were considered, including: operational improvements, traffic flow improvements, high occupancy vehicle lanes, improved transit service/facilities, commuter light rail service, congestion pricing, bicycle/pedestrian improvements, employer trip reduction programs, area-wide ride-sharing (car pooling and van pooling), and voluntary no-drive days. Of these measures, operational improvements, bicycle/pedestrian considerations, and travel demand management programs were determined feasible. Although these measures would potentially reduce the travel demand for SH 161, they do not eliminate the need for SOV lanes. Improvements and congestion reduction strategies for comparable parallel facilities were also examined; however, none of the parallel facilities, individually or collectively could accommodate the traffic volumes projected for SH 161. The SH 161 project will meet the projected traffic and mobility needs. Various meetings have been held to inform the public about proposed SH 161 and provide a forum for community discussion. In September 1986, two public meetings concerning the development of SH 161 were held in the Cities of Grand Prairie and Irving. In February/March 1990, five additional public meetings were held in Grand Prairie in the form of staff presentations to the City Council; all of these meetings were advertised and open to the public. On October 15, 1994, a formal public hearing was held, beginning at 6:00 p.m. and concluding at midnight. Detailed presentations were made on the project's location, design, and environmental impacts. In conjunction with this hearing, an open house was held from 10:00 a.m. to 6:00 p.m. the same day, providing detailed explanations of project information and answers to public questions and comments. Section 4(F) and Measures to Minimize Harm: SH 161 Alternative 2A would require the use of 4.1 hectares (10.1 acres) of sec.4(f) property from the western side of C.P. Waggoner Park, a 25.3 hectare (62.4 acre) general use recreational park owned by the City of Grand Prairie. Of the nine route alternatives for SH 161, only 2F would not impact any sec.4(f) property; however, this alternative was rejected due to noise impacts and neighborhood impacts (Wedgewood Estates, Wild Rose Ridge, and Wildwood Oaks neighborhoods) Traffic noise generated by alternative 2F would aversely affect 14 neighborhoods and apartment communities. The Wildwood Oaks and Wild Rose Ridge neighborhoods community cohesion would be negatively impacted. In the vicinity of C.P. Waggoner Park alone, the Reorganized Church of Latter-day Saints and 58 single-family homes would be displaced to avoid taking parkland; these properties are valued at $5,800,000.00. Since the inception of C.P. Waggoner Park, the park master plan included a reservation of land along the location of Alternative 2A for a transportation facility. For this reason, all essential park facilities are located outside this area. Even though C.P. Waggoner Park=s master plan includes a reservation for highway right-of-way on the western side, a Mitigation Plan would be implemented. The Mitigation Plan will consist of: 25.1 hectare (62.1 acres) of replacement parkland; a recreation trail with amenities; extensive revegetation and landscaping; fishing ponds; and improvements to circulation roads and parking. The mitigation plan has been endorsed by the City of Grand Prairie. Based upon the results of the sec.4(f) evaluation, there is no feasible and prudent alternative to the use of land from C.P. Waggoner Park and the proposed action includes all possible planning to minimize harm to the C.P. Waggoner Park resulting from such use. Other Impacts and Mitigation Measures: The loss of riparian woodlands and unregulated wildlife habitat caused by SH 161 would be minimized to the extent possible; however, some impacts would be unavoidable. To compensate for this loss, TxDOT has obtained an agreement with USACE to replant 11.1 hectares (27.4 acres) of trees and shrubs in Cedar Hill State Park. Native species having and habitat value to wildlife will be used. Mitigation measures will be taken to eliminate or minimize impacts and public health concerns caused by hazardous waste/substances encountered during construction. Any areas of contaminated soil would be treated by means such as: vapor extraction, bioremediation, incineration, or disposal in a qualified landfill. The construction of SH 161 would conform to TxDOT specifications and guidelines. Berms, dikes, dams, sediment basins, and other temporary and permanent erosion control measures would be used as necessary to protect water resources. Approximately 600 acres of land will be converted from its present use (agricultural, residential, commercial/industrial, and municipal) to highway right-of-way. If a greater need arise for use of the land, or if the highway facility is no longer needed, the land can be converted to another use. Relocation assistance will be provided by the TxDOT in accordance with the provisions of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. Monitoring or Enforcement Program: All commitments and conditions of approval stated in the SFEIS and Final sec.4(f) Statement will be monitored by TxDOT and other appropriate State, Federal and local agencies to insure compliance. Comments On Supplemental Final Environmental Impact Statement and Final Section 4(F) Statement: This section summarizes the contents submitted after circulation of the SEIS and Final sec.4(f) Statement. Comments were received from two individuals. One comment concerned the number of proposed freeway lanes and suggested that TxDOT is evading the issue of conformity by actions to secure right of way for an 8/10 lane freeway while stating that only a 4/6 lane freeway will be constructed in an effort to avoid the requirements of the Clean Air Act. The comment also suggested that TxDOT plans to avoid preparation of an environmental analysis for a presumably future 8/10 lane freeway upgrade. The transportation needs documented in the Mobility 2010 Plan Update identify an 8/10 lane freeway with 6-lane frontage roads as needed; however, financial constraint requirements must balance needs with available funds. Accordingly, the Mobility 2010 Plan Update includes a 4/6 lane freeway with 6-lane frontage roads. This 4/6 lanes was - and is - the basis of the air quality conformity analysis. This projects SFEIS addresses the impacts of preserving a corridor (right of way) for future needs sufficient to accommodate an 8/10 lane freeway. Impacts associated with this footprint were examined. While beyond the scope of the proposed action, the SFEIS examined the impacts associated with an 8/10 lane freeway for the alternatives considered. Before the project could be constructed to an 8/10 lane freeway, the metropolitan transportation plan and TIP (in existence at that time) and the project for the additional lanes will need to be amended and subsequently subjected to the air quality conformity analysis provisions of the Clean Air Act Amendments and the National Environmental Policy Act (NEPA) process. The right-of-way acquisition for the project includes the preservation of the corridor for projected transportation needs. Another comment indicated that the increase in air pollution resulting from the project--especially project construction, will only add to the total ozone burden of the region. The Dallas-Fort Worth Metropolitan Area has been designated as an ozone non-attainment area. Because it is a non-attainment area, a conformity determination, as required by the 1990 CAAA sec.176(c)(4), was made for the plan and TIP. The analysis verified that this plan and TIP, both of which include the project, are consistent with the air quality conformity and the air quality State Implementation Plan. The project is both in the conforming plan and TIP with the same number of through travel lanes and as the same type of facility (freeway with interchanges and frontage roads) being approved by this Record of Decision. Therefore, this project conforms. An update to the regional transportation plan, Mobility 2010 (Plan Update) was prepared in response to the planning requirements of the ISTEA of 1991. A major emphasis of the Plan Update is management of the regional transportation system. The Plan Update is constrained to available financial resources and has been determined to conform based on requirements of the CAAA. Moreover, the 1996 TIP also conforms to the CAAA. The Plan Update and the 1996 TIP were found to conform on January 12, 1996 by the FHWA and FTA. SH 161 is included in the Plan Update and the 1996 TIP (modeled as a non-toll facility) and therefore SH 161 conforms. The Plan Update and the 1996 TIP have been approved by the Regional Transportation Council and endorsed by the Executive Board, acting together as the Metropolitan Planning Organization for the Dallas-Fort Worth Metropolitan Area. Subsequent to the issuance of the SFEIS; Mobility 2020, the Metropolitan Transportation Plan, (Mobility 2020) has been approved by the MPO. It has been determined by the FHWA ( FHWA is acting as executive agent for FTA on plan and TIP air quality conformity determination) to conform, in accordance with the CAAA of 1990. There is no change in the design concept and scope of SH 161 as a result of Mobility 2020. The Mobility 2002 does not affect the validity of the findings of the SFEIS. In conclusion, the proposed action conforms to all current Federal requirements regarding air quality. Conclusion: State Highway 161 Alternative 2A includes the construction of a controlled-access freeway with four and six main lanes with three frontage roads on each side. The limits of the four-lane freeway are from IH-20 to IH-30, and the limits of the six-lane freeway are from IH-30 to SH 183. Based on the SFEIS, and sec.4(f) evaluation, the selected alternative is 2A. This alternative is described in Volume I, Chapter IV of the SFEIS. It is also determined, based on the SFEIS and sec.4(f) evaluation, that there is no feasible and prudent alternative to the use of land from C.P. Waggoner Park required by Alternative 2A and the proposed action includes all possible planning to minimize harm to the C.P. Waggoner Park resulting from such use. Issued in Austin, Texas, on August 1, 1997. TRD-9710046 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: August 1, 1997 The University of Texas System Request for Proposal The 75th Legislature of the State of Texas passed Senate Bill 606 which authorizes The University of Texas System to create a regional academic health center, which is described in the Bill, within a four county area in the Lower Rio Grande Valley (Cameron, Starr, Hidalgo, and Willacy Counties). In order to accomplish this task, it will be necessary for the University to receive a donation of an acceptable site for the new facility. The University wishes to use an impartial competitive process to identify the best site from any potential sites which are offered as gifts for the purpose of locating the center. The University of Texas System requests, pursuant to the provisions of Texas Government Code, Chapter 2254, a submission of a proposal to award a contract for a consultant to administer the impartial site selection process for the Board of Regents of The University of Texas System. The consultant shall perform the following services: 1) Prepare a Request for Proposal to be used to solicit proposals for the purpose of identifying the best site for The University of Texas to locate a regional academic health center in Cameron, Hidalgo, Starr, or Willacy Counties as mandated in Senate Bill 606 of the 75th Legislature of the State of Texas. 2) Oversee the administration of the RFP process to generate responses from qualified respondents. 3) Receive and certify those proposals which meet the criteria specified in the RFP which is prepared by the Contractor. 4) Evaluate the proposals which comply with the requirements of the RFP and rank all of those proposals from the best to worst using a process which assigns a numerical value for each selection criteria and response. 5) Deliver a written report on the proposals received and the outcome of the ranking process under items 3 and 4 above to the Executive Vice Chancellor for Health Affairs. 6) Be available to make one or more presentations detailing the considerations involved in the development of the RFP, the administration of the solicitation process, and the evaluation of the proposals which were received in a meeting with administrative officials of The University of Texas System. The criteria for evaluation of proposals, and selection of the successful respondent for this award, will be based on the factors listed below: 1) The soundness of the respondent's approach to conducting the RFP process for the purpose of identifying the best location for the creation of a regional academic health center in the Lower Rio Grande Valley as mandated in Senate Bill 606 of the 75th Session of the Legislature of the State of Texas. 2) The respondent's demonstrated competence and experience with conducting site selection processes. 3) The respondent's knowledge of current conditions, demographics and the health care industry within the target region. 4) The respondent's awareness of future directions of the health care education as well as other relative fields that may be applicable to University. 5) The qualifications, education, and experience of the team members proposed to conduct the request for proposal process. 6) Respondent's experience performing the requested services for other complex institutions or systems of higher education. 7) The overall cost to University for the services to be performed. 8) The quality of references from past customers of respondent. 9) Respondent's demonstrated capability and financial resources to perform the work in the time projected. 10) Respondent's response to Sections 7 (Pricing and Delivery Schedule) and 8 (Respondent Questionnaire) of the RFP. 11) Respondent's demonstrated communications skills using all relevant media. Organizations or individuals interested in receiving a request for proposal should contact James S. Wilson, Executive Director, Real Estate, The University of Texas System, 210 West 6th Street, Austin, Texas, 78701, (512) 499-4388. Proposals will be accepted until 4:00 p.m. CDT, Friday, September 12, 1997. Proposals received late for any reason will be returned unopened. Issued in Austin, Texas, on July 30, 1997. TRD-9709909 Arthur H. Dilly Executive Secretary to the Board of Regents The University of Texas System Filed: July 31, 1997 Texas Workforce Commission Request for Proposals FUNCTIONAL LITERACY ASSESSMENT FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)/JOB OPPORTUNITIES AND BASIC SKILLS TRAINING (JOBS) PROGRAM PARTICIPANTS The Texas Workforce Commission (TWC) invites proposals for the Functional Literacy Assessment for Temporary Assistance for Needy Families (TANF)/Job Opportunities and Basic Skills Training (JOBS) Program Participants. TWC is responsible for setting the requirements for the local TWC offices and workforce development boards concerning conducting literacy assessments as part of the employability assessment for TANF recipients in the JOBS Program. In House Bill 1863, Article 3.01 amended the Human Resource Code to specify that in imposing time limits, the Department of Human Services (DHS) must consider "the assessment of the individual's need that was conducted by the department, provided that if the needs assessment indicates discrepancies between a client's self-reported educational level and the client's functional abilities, the time limits shall be based upon the functional educational level." The purpose of this proposal is to purchase an instrument that will be used! state wide to assess the functional literacy/educational level of TANF recipients who participate in the JOBS Program. AUTHORIZATION OF FUNDING: The funds for the Functional Literacy Assessment are authorized under the FY 1998 Appropriations Bill for the Department of Health and Human Services, Temporary Assistance for Needy Families (TANF). Funds are subject to the requirements of the Title VI Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). SERVICE DESCRIPTION: SCREENABLE REQUIREMENTS: The successful bidder must provide a literacy assessment instrument that meets the following screenable requirements: The assessment results are reported in terms of grade level or educational level equivalents - Contains both reading and math components, with a composite score/grade level and was developed for use with adults and provides reliability and validity data. OBJECTIVES: The successful bidder must provide a literacy assessment instrument that meets the following criteria: Reasonable cost Total administration time not to exceed 2 hours Easy to administer, score and interpret - appropriate for use by staff with varying levels of expertise and knowledge in assessment, and administered in group setting Scoring - if vendor scoring is used, time frame for scores and reports to be received from vendor not to exceed 7 workdays, and if site scoring is used, either software or scoring keys for hand scoring is supplied Provides alternate (or parallel) forms for retesting Consideration would be weighted toward an instrument that measures employment- related skills as long as the reports also include a grade level or educational level equivalency Consideration would be weighted toward an instrument with other versions (i.e., other languages or large print versions) PROJECT DESIGN REQUIREMENTS: Potential offerors must be able to supply the following required elements on an on-going basis: All test supplies and record keeping on orders placed Administration manuals Vendor scoring or scoring software Individual and composite reports on test takers, or reporting software Complete training on administration, scoring and interpretation of results Guide for interpretation and use of results or User's Guide Ongoing technical assistance and support PRIMARY CONTRACTOR CAPABILITIES: A successful offeror is expected to demonstrate the following primary capabilities: To receive orders for test instruments from Local Workforce Development Boards and local TWC offices on an as-needed basis - to bill TWC state office for total instruments ordered according to a negotiated schedule, and to maintain records to support billing To report results of components in a single grade level must be able to distinguish test takers at high school completion level, at 11th grade completion level and below 11th grade completion To provide technical assistance in a timely manner LENGTH OF CONTRACT: The procurement process will be completed August 20, 1997 for an immediate implementation. The proposed contract period is August 20, 1997 through August 31, 1998. SELECTION, NOTIFICATION , AND NEGOTIATION PROCESS: Proposals will be graded by both the Texas Workforce Commission and outside readers. Grading criteria will be included in the grant applicant packet. The Texas Workforce Commission anticipates completing the selection and notifying applicants of their application status the week of August 18, 1997. The selection process will be based upon proposal scores. Negotiation will take place immediately after selection. A designated person from the selected entity must be readily available to respond to budget and/or programmatic requested revisions between August 18-20, 1997. If a designated person is not readily available to promptly respond to requested revisions, the contract will not be awarded to the applicant. Negotiations will be conducted by TWC as deemed necessary. TWC reserves the right to vary all provisions of this RFP prior to the execution of a contract and to execute amendments to contracts when TWC deems such variances and/or amendments are in the best interest of the State of Texas. DUE DATE AND AGENCY CONTACT: The deadline for receipt and consideration of the Functional Literacy Assessment proposal is 5:00 P.M., Thursday, August 14, 1997. For further information and to order an Application Packet, contact Marilyn Wesson, Texas Workforce Commission, Welfare-to-Work/Special Initiatives, 101 East 15th Street, Room 416T, Austin, Texas 78778-0001. Phone 512/936-3156 or 512/936-3148, FAX: 512/936-3223 or 512/463-9994. A notice of the award decision will be published in the Texas Register following contract execution. TWC's OBLIGATIONS: TWC's obligations under this RFP are contingent upon the actual receipt by the Agency of funds from the U.S. Department of Health and Human Services. If adequate funds are not available to make payment under this grant, TWC shall terminate this RFP and will not be liable for failure to make payments to applicants under this RFP. Issued in Austin, Texas, on August 1, 1997. TRD-9710024 J. Ferris Duhon Legal Counsel Texas Workforce Commission Filed: August 1, 1997