TITLE in-addition

Texas Department of Agriculture

Organic Certification and Standards Materials List

The Texas Department of Agriculture (the department) under the authorization of the Texas Agriculture Code, Chapter 18, and the Texas Organic Standards and Certification, Title 4, Texas Administrative Code, Chapter 18, § 18.12(b), is required to publish a listing of materials categorized as allowed, allowed with restrictions, and prohibited for use in organic production and processing. The following updated list with applicable definitions is being published by the department to meet the requirement of §18.12 and shall be known as the Texas Department of Agriculture Organic Certification and Standards Materials List (TDA Materials List). This list supercedes the TDA Materials list published by the department in the July 8, 1994, issue of the Texas Register (19 TexReg 5383), and is effective upon publication in the Texas Register .

In the TDA Materials List for the Production, Processing and Handling of Organic or Transitional Food, Fiber, and Livestock the following definitions apply:

Allowed - (A) These materials may be used, without restrictions, for production, processing or handling by persons certified by TDA or a registered certifying agent.

Allowed with Restrictions - (R) These materials are allowed for production, processing or handling by persons certified by TDA or a registered certifying agent, only with certain restrictions and only if no alternatives are feasible. The approved use of these materials is dependent on the justification of need. The users are required to maintain a Material Use Report for each use of restricted materials, to be examined by the inspector or the applicable organic certifying agent as a part of the farm records. Materials that are allowed with restrictions may vary according to regional practices, specific processing, or handling needs.

Prohibited - (P) These materials can not be used on land, crops, livestock or in products certified by TDA or a registered certifying agent. Three years must elapse before the land to which prohibited substances are applied is certified as organic.

ACETIC ACID BACTERIA : (A) PROCESSING: Allowed as a non-organic ingredient. See 'Microbial products'; ACETIC ACID : (A) CROPS: Used as a drip irrigation cleaner, equipment cleaner and as an adjuvant to adjust the pH of sprays. LIVESTOCK: Natural acetic acid allowed as a feed additive and for animal health care. PROCESSING: Allowed as a cleaner or sanitizer. Vinegar used as an ingredient must be from an organic source. Allowed to adjust pH provided it is not present in the final product except in incidental amounts. May be used for processing organic fiber; ACID FUGITIVE TINT : (R) PROCESSING: Soluble acid fugitive tint is allowed to identify individual yarn packages provided that it is removed by scouring later in the organic fiber manufacturing process; ACUPUNCTURE : (A) LIVESTOCK: May be used for livestock health care; ADDITIVES : (P) Synthetic additives are prohibited unless specifically listed as 'allowed' or 'allowed with restrictions'; ADHESIVES : (A) PROCESSING: Natural glues such as soybean starch and natural rubber latex may be used in bonding of organic fiber products. Synthetic glues and adhesives are prohibited; ADJUVANTS : (R) CROPS: Non-synthetic adjuvants are allowed unless prohibited elsewhere. Petroleum distillates & detergents on EPA list 3 are restricted. Synthetic adjuvants not allowed or restricted are prohibited; AGAR (carrageenan, kombu, nori) : (A) PROCESSING: Derived from seaweed extracts. Used as a stabilizer, thickener and water retainer in beverages and dairy products. Also may be used as a meat substitute. May be used as a sizing in production of cotton yarn and fiber. See 'Alginates', 'Seaweed and seaweed extracts'; ALCOHOL : (R) CROPS, PROCESSING: Non-synthetic ethyl & methyl alcohols are allowed. Alcohol used as an ingredient must be from an organic source. Synthetic sources of ethyl, methyl & isopropyl alcohols may be used only as disinfectants or inert ingredients. Polyvinyl alcohol (PVA) is allowed as a processing aid for organic cotton textile manufacturing. LIVESTOCK: Alcohols derived from fermentation are allowed in animal medications and as topical disinfectants. Synthetic ethanol may be used in medical treatments and as a disinfectant, but is prohibited for use as a feed additive. Isopropyl alcohol may only be used as a disinfectant; ALFALFA MEAL : (R) CROPS: Allowed as a fertilizer. LIVESTOCK: Must be certified organic if used as feed for organic livestock; ALGAE : (A) CROPS: May be used as a fertilizer. For extracts, see 'Aquatic plant products'. LIVESTOCK: Allowed in livestock feed. See 'Aquatic plant products'; ALGINATES, ALGINIC ACID : (A) PROCESSING: Sodium, potassium or calcium salt derivatives of alginic acid obtained from seaweed. Used as a stabilizer, thickener and water retainer in beverages and dairy products. Also may be used as a meat substitute. May be used as a sizing in production of cotton yarn and fiber; AMINO ACIDS : (R) CROPS: Amino acids from naturally occurring organisms may be used as plant growth regulators. Synthetic amino acids and those produced by genetically engineered organisms are prohibited. Amino acids are Under Consideration for Livestock and Processing uses; AMMONIA PRODUCTS : (P) CROPS: All ammonia products are prohibited as a source of fertility including: anhydrous ammonia, aqua ammonia, ammonium nitrate, ammonium phosphate, ammonium sulfate and ammonium soaps. Upon prior approval by the department, anhydrous ammonia may be utilized to decontaminate pesticide application equipment to remove residues of prohibited materials prior to application of allowed or restricted materials. Equipment must be triple rinsed following decontamination; AMMONIUM BICARBONATE : (A) PROCESSING: Allowed as a leavening agent; AMMONIUM CARBONATE : (R) CROPS: Cannot be in contact with crop or soil. For use as bait in insect traps or as an insect or rodent repellent. Prohibited for use as a soil amendment. PROCESSING: May be used for defatting woolens and as a mordant for dye affixation; AMMONIUM PHOSPHATES : (P) PROCESSING: Prohibited as a non-organic ingredient; AMMONIUM SOAPS : (R) CROPS: Allowed for use as an animal repellent. May not be applied to edible crops. PROCESSING: Under consideration as a component in fruit wax; ANESTHETICS : (R) LIVESTOCK: All anesthetics not specifically listed as 'allowed' must be used under the supervision of a licensed veterinarian. Procaine and lidocaine may be administered by producers. Withdrawal time for parenterally administered anesthetics is a minimum of 90 days for slaughter stock and 7 days for dairy stock; ANIMAL BY- PRODUCTS / MATERIALS : (R) CROPS: Must have specific uses in soil fertility. Leather meal is prohibited. See 'Meat by- products', 'Bone meal', 'Blood meal'. LIVESTOCK: Prohibited in livestock feed; ANIMAL MEDICATIONS : (P) LIVESTOCK: Synthetic medications are prohibited unless specifically listed as 'allowed' or 'allowed with restrictions'; ANIMAL URINE : (A) CROPS: Allowed as a source of fertility; ANTHELMINTIC : (P) LIVESTOCK: See 'Parasiticides'; ANTIBIOTICS : (R) CROPS: Synthetic antibiotics are prohibited unless explicitly listed. Streptomycin & Terramycin may be used for bacterial plant diseases (such as fireblight on apples and pears). LIVESTOCK: Prohibited in organic livestock feed and health care; ANTI-COAGULANTS (rodent baits) : (P) CROPS, PROCESSING: Includes diphacinone and chlorophacinone. May not be used directly or in bait stations on certified land; ANTITRANSPIRANTS (natural) : (A) CROPS: Natural vegetable and fruit oils and animal tallow are allowed; AQUATIC PLANT PRODUCTS : (R) CROPS, LIVESTOCK: Natural extracts are allowed. May be extracted with potassium hydroxide (or sodium hydroxide for products used on crops), provided the amount of solvent used does not exceed the amount necessary for extraction. May be stabilized with preservatives that are EPA List 4 or the FDA Generally Regarded As Safe list. Aquatic plant products are prohibited if they contain other synthetic preservatives, such as formaldehyde or are fortified with otherwise prohibited plant nutrients; ARSENATE-TREATED LUMBER : (R) CROPS: Lumber treated with copper chromium arsenate may not be in contact with soil used to grow organic crops. All possible alternatives should be explored or well-weathered lumber used. Prohibited for new construction or replacement purposes; ARSENIC : (P) CROPS: Arsenic applied to crops for pest control is prohibited. See 'Arsenate-treated lumber'; ASCORBIC ACID (natural) : (A) CROPS: Used for cleaning irrigation lines, adjusting the pH of sprays, and as a natural growth promoter. PROCESSING: Synthetic and natural forms allowed as a non-organic ingredient; ASH : (R) CROPS: Ash from plant & animal sources only. Ashes from burning minerals, manure or prohibited materials are prohibited. Ash from off-farm sources must be tested for arsenic, chromium, cadmium and lead; ASPIRIN : (R) LIVESTOCK: Allowed for health care to reduce inflammation; ATTAPULGITE CLAY (Fuller's Earth) : (A) CROPS: A natural source of hydrous magnesium aluminum silicate having high adsorptive and swelling properties. Used in fertilizer production and soil conditioning. Also used as a suspending agent in ganic fertilizer formulations. PROCESSING: Allowed as a processing production aid; AVERMECTIN : (P) CROPS, LIVESTOCK: Prohibited synthetic insecticide and animal medication, unless specific product is listed as allowed. See 'Ivermectin'; BACILLUS THURINGIENSIS (Bt) : (R) CROPS: A microbial insecticide- larvacide. Wettable powder, bait forms or emulsions are preferred. Formulations that are genetically engineered or contain EPA List 1 or 2 inerts are prohibited. Only non- genetically engineered formulations produced by fermentation are allowed. LIVESTOCK: Same restrictions as above, may be used in accordance with label restrictions; BACTERICIDES (synthetic) : (P) CROPS: Synthetic bactericides are prohibited unless specifically listed as allowed or restricted; BAKING POWDER : (R) PROCESSING: All components must be classified as "Allowed non-organic ingredient" and be aluminum-free; BAKING SODA : See 'Sodium bicarbonate'; BALLOONS OR OTHER INFLATABLES : (A) CROPS: Allowed for repelling pests; BANANA OIL : (A) PROCESSING: Allowed for use as a processing ingredient or aid in finishing organic fiber; BARRIERS : (A) CROPS: Barriers including fences, nets, and tree wraps are allowed; BEAUVERIA SPECIES : (A) CROPS: An allowed biological insecticide containing entomopathogenic fungi. See 'Microbial products'; BEESWAX : (A) PROCESSING: A natural wax produced by bees. Organic sources should be used if available. May be used as a natural fruit wax or as a non-organic ingredient. May be used as an aid in processing of organic fiber; BENEFICIAL ORGANISMS : (A) CROPS: Includes insects, soil microbes, microbial fungicides and streptomycin bacteria for fireblight control; BENTONITE : (A) CROPS: Allowed. From natural deposits, used as a carrier in fertilizers. PROCESSING: Food grade bentonite used to filter wine. See 'Clay'; BIODYNAMIC PREPARATIONS : (A) CROPS: Allowed as a crop production aid for compost, disease control, soil and plants; BIOLOGICAL CONTROLS : (A) CROPS: Living organisms that benefit plant production through reducing pest populations. Including but not limited to: viruses, bacteria, protozoa, fungi, insects, nematodes, plants and animals. Genetically engineered organisms are prohibited; BIOSOLIDS : (P) CROPS: Prohibited as a source of fertility. See 'Sewage sludge'; BIOTIN : LIVESTOCK: See 'Vitamins'; BIRD BAITS (poisons) : (P) CROPS: Poisons used to kill birds are prohibited; BIRD TRAPS OR NETTING : (A) CROPS: Mechanical exclusion is allowed; BLEACH : (R) CROPS, PROCESSING: Calcium hypochlorite, sodium hypochlorite and chlorine dioxide. Flush water from cleaning irrigation equipment or wash water treated with chlorine compounds as a disinfectant cannot exceed the Maximum Residual Disinfectant Limit under the Safe Drinking Water Act, currently 4 mg/L (4 ppm) expressed as Cl2. Allowed for disinfecting and sanitizing food contact surfaces. Prohibited for fiber processing. LIVESTOCK: May be used for disinfecting livestock facilities and apicultural tools; BLOOD AND BLOOD MEAL : (R) CROPS: A material composed of dried blood from animal rendering that is dried and ground. Primarily a source of nitrogen. Average analysis is 12-1-1. Not to be used continually as the sole source of nitrogen. LIVESTOCK: Prohibited for use in animal feed; BLUE-GREEN ALGAE : (A) CROPS: Allowed as a natural growth regulator, growth promoter or inoculant. See 'Algae'; BLUING : (P) PROCESSING: Prohibited in fiber processing; BONE MEAL : (R) CROPS: The availability of nutrients is largely dependent upon how finely the material is ground. Average analysis is 2-12-0 and includes approximately 25% calcium. Raises pH. Should be pasteurized to eliminate pathogens. Not to be used continually as the sole source of phosphorous. LIVESTOCK: Prohibited for use in animal feed; BORATE, BORAX, BORON PRODUCTS : (R) CROPS: Sodium tetraborate and octaborate may be used as wood preservatives or as micronutrients with documented boron deficiency. Only mined sources acceptable. Ammonium pentaborate is prohibited. See 'Micronutrients'; BORDEAUX MIXES : (R) CROPS: Mined materials are preferred. Use with caution. Buildup of copper in soil may prohibit extended use. Mixtures may include hydroxides, basic sulfates, oxychlorides and oxides. Usually a blend of copper sulfate and hydrated lime. No visible residue allowed on harvested crops. See 'Copper products'; BORIC ACID : (A) CROPS, PROCESSING: May be used for structural pest control. No direct contact with food or crops being certified. May be used as a flame retardant in certain organic fiber products; BOTANICAL PESTICIDES : (R) CROPS: Botanical pesticides must be used in conjunction with a biorational pest management program, and cannot be the primary method of pest control in the Farm Plan. The least toxic botanicals must be used in the least ecologically disruptive way possible. The following non-synthetic botanical pesticides are restricted: neem, pyrethrum, quassia, rotenone, ryania, and sabadilla; CALCIUM CARBIDE : (P) CROPS: Prohibited as a source of fertility; CALCIUM CARBONATE : (A) Natural sources are allowed, including naturally mined aragonite, calcite, chalk, limestone, marble, marl, travertine and oyster shells. Oystershell flour, dolomite (not slaked), lime from sugar processing and mined calcium carbonate are acceptable. Synthetic sources are prohibited. CROPS: Used as a soil amendment to adjust soil pH. PROCESSING: May also be used as a processing aid in organic baking processes; CALCIUM CHLORIDE : (R) CROPS: Natural sources only. For foliar use to correct bitter pit in apples only. Prohibited for soil application because of very high chloride content. May be used as cotton desiccant only in cases of government declared weather emergencies to meet mandated plowdown dates. May be used as a dust suppressant in non-crop areas. PROCESSING: Allowed as a non-organic ingredient in processing; CALCIUM CITRATE : (A) PROCESSING: Allowed as a non-organic ingredient; CALCIUM HYDROXIDE : (R) CROPS: Allowed for foliar application as a fungicide only. Prohibited as a soil amendment. PROCESSING: Allowed as a non-organic ingredient; CALCIUM LIGNOSULFONATE : (R) See 'Lignin sulfonate'; CALCIUM NITRATE : (P) CROPS: Prohibited synthetic produced from acidic reaction with nitric acid and limestone. Not allowed as a source of fertility; CALCIUM OXIDE : (P) CROPS: Also known as quick lime, burned lime, unslaked lime and fluxing lime. Prohibited as a source of calcium; CALCIUM PHOSPHATE : (A) Includes mono-, di-, and tri-calcium phosphates. CROPS: Dibasic is derived from phosphate rock and may be used as a source of phosphorus. PROCESSING: Monobasic is used in baking, canning and as a jelling ingredient. Tribasic is used as yeast foods and firming agents in baking and as a thickener and clarifying agent. LIVESTOCK: Natural sources allowed as a mineral supplement; CALCIUM SULFATE : (R) CROPS: Naturally occurring calcium salts such as anhydrite and gypsum may be used as a supplemental source of calcium or to neutralize alkaline soils. PROCESSING: May be used to adjust pH for dyeing organic fiber roducts. Allowed as a non-organic ingredient in processing. Synthetic sources from chemical industrial byproducts, drywall rejects or sulfuric acid treatment of anhydrite are prohibited; CALCIUM : (A) CROPS: Natural sources are allowed. Synthetic sources are prohibited; CANNERY WASTES : (R) CROPS: Use only if certified organically grown, documented to be uncontaminated, or thoroughly composted before use; CARBAMATES : (P) CROPS: Synthetic fungicides, insecticides and herbicides - Prohibited; CARBON DIOXIDE (gas) : (A) CROPS: Permitted post-harvest disinfectant for insects. May be used as fumigant in storage and greenhouses. May be used to adjust soil pH and in injections into irrigation system. PROCESSING: Carbon dioxide from an oil-free source allowed as a non-organic ingredient. May be used to control pests in processing and handling. LIVESTOCK: May be used in apiculture to control wax moths; CARDBOARD : (R) CROPS: Cardboard which is not waxed or impregnated with fungicide may be used as mulch or compost feedstock. PROCESSING: Fungicide impregnated cardboard is prohibited for packaging organic products; CARRAGEENAN : (A) PROCESSING: Allowed as a non- organic ingredient; CARRIERS : (R) See 'Adjuvants'; CARROT OIL : (P) CROPS: Petroleum oils used to control weeds in carrots or other crops. Prohibited; CATIONIC SOFTENERS : (R) PROCESSING: Allowed as a processing aid in organic fiber processing; CAUSTIC SODA : (R) PROCESSING: A strongly alkaline form of soda ash. A material used as a processing aid to adjust pH for processing organic fiber. Maximum concentration 3% in fiber products for non-medical uses, 6% for topical medical uses, and 9% for internal medical uses. Must be removed by final scour so that no residual remains in finished fiber; CHARCOAL : (A) PROCESSING: Allowed as a processing production aid; CHELATES : (R) CROPS: Natural chelates (including but not limited to amino acids, malic acid, citric acid, tartaric acid, and other di- and tri-acid chelates) and lignin sulfonate are allowed. See 'Lignin sulfonate'. Synthetic chelating agents (EDTA & HEDTA) are restricted for use only with micronutrient sprays for documented deficiency, or for PROCESSING of organic fiber; CHILEAN NITRATE, MINED NITRATE OF SODA, CHILE SALTPETER : (R) CROPS: Recovered from natural deposits in Chile. May not be used as a primary source of nitrogen, with a maximum of 20% of the annual crop's total nitrogen requirement allowed. Requires submission of soil and tissue testing and prior approval for application. Must reduce amount and frequency of use over time. Synthetic sources are prohibited. Natural and synthetic forms prohibited by IFOAM. See 'Sodium Nitrate; CHITIN NEMATICIDES : (R) CROPS: Used to control nematodes. Must be from a natural source such as sea animals. Must not contain prohibited pesticides or other prohibited substances; CHLORHEXIDINE : (A) LIVESTOCK: Allowed synthetic medication for veterinary use; CHLORINATED HYDROCARBONS : (P) Prohibited synthetic pesticides; CHLORINE : (R) CROPS, PROCESSING: Chlorinated municipal drinking water is allowed. Prohibited for bleaching of organic fiber products. See 'Bleach'; CHLORINE DIOXIDE : (R) See 'Bleach'; CHYMOSIN MICROBIAL RENNET : (R) PROCESSING: Natural enzyme form is allowed, preferably from an organic source. Genetically modified sources are prohibited; CITRIC ACID : (A) Produced by microbial fermentation of carbohydrates, including lemon, lime, pineapple juice and molasses. CROPS: Used as a drip irrigation/equipment cleaner, a chelating agent and a pH adjuster. PROCESSING: May be used in processing of organic fiber or as a non-organic ingredient in organic food products; CITRUS OIL PRODUCTS : (A) CROPS: Citrus limonoids are extracted from seeds and oil glands in citrus peels. A natural insecticide that causes an insect to stop feeding; CLAY : (A) CROPS, PROCESSING: Naturally mined clays are allowed for various uses. See 'Attapulgite', 'Bentonite', 'Kaolin', 'Mined Minerals'; CLEANING AGENTS : (R) LIVESTOCK: Soap, water, and alcohol are allowed. Alkali carbonates, bleach, potassium permanganate, sodium hydroxide and caustic potash are restricted. Restricted materials may not be used in direct contact with animals or soil. Synthetic cleaning agents not listed as allowed or restricted are prohibited. See 'Alcohol'; COAL TAR : (P) LIVESTOCK: Prohibited for use in livestock health care; COBALT : (R) LIVESTOCK: See 'Mined minerals'; COCOA BEAN HULLS, COCOA SHELL MEAL : (R) CROPS: Ground husks of cacao seeds used as a conditioner in nongranular fertilizers. Contains about 83% organic matter. Average analysis is 4-2-2. May contain residues of pesticides banned in the United States. Use only if certified organically grown, documented to be residue-free or thoroughly composted prior to use; COCOA BEAN TANKAGE (cocoa cake) : (P) CROPS: Residue from chemical processing of ground cocoa cake. Prohibited; COCONUT OIL : (A) Produced by expeller extraction from coconut meat containing glycerides of lauric acid and capric, myristic, palmitic and oleic acids. PROCESSING: Allowed as a processing ingredient in organic foods and as a finishing agent in manufacturing organic fiber products; COLLOIDAL SILICA : (P) PROCESSING: Prohibited as a processing production aid; COLOSTRUM : (R) LIVESTOCK: Allowed with restrictions for feeding newborn animals (see regulation). Colostrum from cows treated with BGH is prohibited; COMPOST TEA : (A) CROPS: A sprayable solution made by using water or other allowed materials to extract nutrients from approved compost materials; COMPOSTS : (A) CROPS: Natural decomposition of organic materials. Compost piles must reach a temperature of 130-140 F for several days and then finish decomposing for about 6 weeks. Written documentation of the source of off-farm input materials is required. Acceptable feedstocks include animal manure, by-products of the processing of agricultural commodities and source separated yard debris or 'clean green'. The following are prohibited in compost: sewage sludge, synthetically fortified compost starter, glossy paper and colored ink. Growers should obtain a list of the main ingredients in any purchased composts; COPPER HYDROXIDE : (R) CROPS: Produced by interaction of a solution of copper salt with an alkali. Considered a Bordeaux, used for plant disease or insect control. LIVESTOCK: Used as a feed additive. PROCESSING: Used as a mordant in processing organic fiber products. See 'Bordeaux', 'Copper Products'; COPPER SULFATE AMMONIATED : (P) Produced by dissolving copper sulfate in ammonium hydroxide and precipitating with alcohol. CROPS: Prohibited for use as an insecticide. PROCESSING: Prohibited for treating organic cotton fiber products; COPPER SULFATE : (R) CROPS: Produced by dilute sulfuric acid on copper or copper oxide ores. Considered a Bordeaux. LIVESTOCK: Allowed as a feed additive and for topical use. PROCESSING: Used as a mordant in processing organic fiber products. See 'Bordeaux', 'Copper products'; COPPER, COPPER PRODUCTS : (R) CROPS: Fixed copper groups that do not require a tolerance level set by EPA, including des, basic sulfates, oxychlorides and oxides. May be used as algicides, bactericides or fungicides. Must be used in a manner that prevents accumulation of copper in the soil. No visible residue allowed on harvested crops. May not be used as a herbicide. Copper hydroxide, copper oxide, copper sulfate, and copper zinc chromate may be used as preservatives for wood; CORN CALCIUM : (R) CROPS: Corn calcium, a soluble by-product of corn fructose extraction, is a source of foliar trace minerals, sugars and carbon. Must not be from genetically engineered corn; CORN GLUTEN : (R) CROPS: Allowed for soil fertility. Restricted for use for weed control - document need and use in Farm Plan; CORN STARCH : (R) PROCESSING: Allowed as a non-organic ingredient. Used as a filler, thickening agent, processing ingredient or aid in processing organic food or fiber. Modified corn starch is prohibited. May not be a product of genetically engineered organisms; COTTON GIN TRASH : (R) CROPS: The extracted burrs and stems from ginning of cotton fiber, particularly from stripper harvesting. This material is potentially contaminated although readily available in many areas of Texas. Must be certified organic or transitional, documented to be residue free, or thoroughly composted before incorporating into the soil; COTTONSEED MEAL : (R) CROPS: The ground press cake remaining after the oil is expelled from cooked cottonseed. Average analysis is 7-2-2 and lowers pH. Might contain substantial pesticide residues. Use only if certified organic or transitional, documented to be residue-free, or thoroughly composted before use. LIVESTOCK: May not use solvent extracted products, must be certified organic or transitional; CREOSOTE : (P) CROPS: Creosote as a soil amendment or wood treatment is prohibited; CRYOLITE : (P) CROPS: See 'Sodium fluoaluminate'; CULTURES, DAIRY : (R) PROCESSING: Allowed as a non-organic ingredient. Must not be products of recombinant DNA technology; CYTOKININS : (A) CROPS: A natural plant growth regulator extracted from seaweed that increases fruit set, maturity and earliness. Synthetic formulations are prohibited. See 'Seaweed', 'Growth enhancers', 'Growth regulators'; DEER AND RABBIT REPELLENTS : (R) CROPS: Acceptable if derived from a natural source, without synthetic additives; DETERGENTS : (R) CROPS: Allowed as surfactants and additives in brand-name products with allowed active ingredient(s), if not classified by the EPA as substances of toxicological concern. Allowed as equipment cleaners. PROCESSING: Allowed as equipment cleaner. Also includes emulsifiers, surfactants and wetting agents used as inert ingredients. Must be evaluated on a case by case basis; DIATOMACEOUS EARTH : (A) CROPS: The remains of diatoms. A fluffy white amorphous material that acts as an insect desiccant. Only non-heated forms are allowed, with no synthetic pesticides added. LIVESTOCK: Allowed for control of internal and external pests. PROCESSING: For food filtering only; DIMETHYL SULFATE : (P) Synthetic insecticide, prohibited. Includes DMSO, methyl sulfoxide. DMSO is used as an inert solvent with pesticides; DOLOMITE (mined) : (A) CROPS: A natural mineral containing double carbonate of calcium and magnesium. Used to neutralize acidic soils. May cause magnesium toxicity under high rates or extended use. Fired dolomite (magnesium oxide) and slaked dolomite (magnesium hydroxide) are prohibited. LIVESTOCK: Natural sources may be used in livestock feed. See 'Mined minerals'; DORMANT OILS : (R) CROPS: Allowed for use as a dormant spray on woody plants only, to control scale insects and/or plant diseases. May not contain any prohibited insecticides or other ingredients. See 'Suffocating oils', 'Summer oils' and 'Petroleum distillates'; DRIP IRRIGATION CLEANERS : (R) CROPS: Vinegar, citric acid and other naturally occurring acids are allowed for cleaning drip irrigation systems. Bleach and detergents are restricted. Nitric, phosphoric, sulfuric acids and ammonia products are prohibited; DUST SUPPRESSANTS : (R) CROPS: Water, lignin sulfonate and non- synthetic plant, mineral or animal based materials are allowed for dust suppression. Calcium chloride, magnesium chloride, emulsified plant resins & tall oils are restricted. Long term use is discouraged. Not allowed for the suppression of roadside vegetation. All materials for dust suppression not specifically allowed or restricted are prohibited, including but not limited to asphalt and all petroleum products. See 'Lignin sulfonates'; DYES : (R) PROCESSING: Natural, low-energy, non-metal reactive dyes, bi-functional dyes, or low impact dyes may be used in organic fiber processing; EARTHWORM CASTINGS : (A) CROPS: May be used for fertility or as a soil amendment. Produced in quantity from raising facilities or beds. Average analysis is 3-1-1; ELECTROLYTES : (A) LIVESTOCK: Allowed synthetic, may be used for livestock health care. May not contain antibiotics; ENZYMES (natural) : (R) CROPS: Allowed if derived microbiologically from natural materials or produced as a result of approved fermentation methods. May not contain synthetic plant nutrients added for fortification or to enhance fermentation. May not be produced by genetically engineered microorganisms. PROCESSING: Natural bacterial, fungal and plant enzymes allowed as non-organic ingredients in food and LIVESTOCK feed. Amylase, protease, lipase and cellulase allowed in manufacturing of organic fiber products. Enzymes that are produced by genetically engineered microorganisms are synthetic and prohibited unless specifically allowed; EPSOM SALTS : (R) CROPS: Mined sources only. Used as a micronutrient or as a desiccant for organic cotton. High salt content may limit use. Soil and tissue testing and prior approval required for application as a soil amendment or justification of immediate crop loss for use as a desiccant for organic cotton. LIVESTOCK: Allowed synthetic for livestock feed and health care. See 'Magnesium sulfate'; EQUIPMENT CLEANERS (Farm) : (R) CROPS: Allowed materials: acetic acid, carbonic acid, citric acid, hydrogen peroxide, soap, water, and other nonsynthetic cleaners. Bleach, detergents and anhydrous ammonia are restricted. See 'Bleach', 'Detergents', Ammonia products'. Synthetic cleaners that are not explicitly allowed or restricted are prohibited. Aromatic petroleum solvents are prohibited; ETHANOL : (R) See 'Alcohol'; ETHOXYQUIN : (P) LIVESTOCK: Prohibited as a preservative in livestock feed; ETHYLENE GAS : (R) Growth regulator used in post-harvest handling or fumigation. CROPS: Prohibited for sprout production and pineapple ripening. PROCESSING: Allowed for post-harvest use for tropical fruit, bananas, citrus; EXHAUST FUMES : (P) CROPS: Pest control by injection in rodent holes is prohibited; EXTERNAL PARASITICIDES : (R) LIVESTOCK: Non-synthetic materials are allowed. Essential oils such as citronella or cedar oil are allowed if extracted with water, oil or alcohol. Pyrethrum and diatomaceous earth may also be used against external parasites. Synthetic materials are prohibited unless specifically listed as 'allowed' or 'allowed with restrictions'. See 'Pyrethrum', 'Diatomaceous earth', 'Hydrated lime, Lime sulfur'; FATTY ACIDS : (R) PROCESSING: Natural fatty acids such as oleic acid and stearic acid are allowed for organic fiber ocessing; FEATHER MEAL : (R) CROPS: Produced from ground poultry feathers. Allowed as a primary and secondary source of nutrients. LIVESTOCK: Not allowed in livestock feed unless from an organic source; FELDSPAR : (R) CROPS: Mined sources only. Feldspars are generally named for a group of sodium, potassium, calcium and barium aluminum silicates. See 'Mined minerals'; FERROUS SULFATE : (A) PROCESSING: Allowed for iron fortification of foods that is required by regulation or for iron enrichment by professional recommendation. See 'Minerals'; FERTILIZERS (blended) : (R) CROPS: Allowed if composed entirely of allowed materials. Inert ingredients must be individually approved or be from natural sources. Usually requires brand name material review. Restricted or prohibited if product contains any restricted or prohibited ingredients; FIBER ROW COVERS : (R) CROPS: See 'Plastic mulches, row covers and plastic for solarization'; FISH EMULSION, FISH HYDROLYSATE, FISH PRODUCTS : (R) CROPS: Produced from filtered fish solubles or by-products of fish protein concentrates such as fish hydrolysates. Average analysis is 4-1-1. Formulations are treated with sulfuric, citric or phosphoric acid to break down the solid material and inhibit bacterial growth. Such acids are allowed if they do not exceed the minimum amount needed to lower the pH to 3.5. May be stabilized with preservatives that are EPA List 4 or the FDA Generally Regarded as Safe list. Fish products are prohibited if they contain other synthetic preservatives or are fortified with otherwise prohibited plant nutrients; FISH LIVER OIL : (A) LIVESTOCK: Allowed in livestock feed; FISH MEAL, POWDER : (R) CROPS, LIVESTOCK: Processed non-edible fish, such as menhaden and dogfish, from offal (heads, tails, entrails, etc.) from fish canneries and spoiled edible fish. Average analysis is 10-2-2 and micronutrients. Fish waste (acid fish) which has been rendered and treated with sulfuric acid is prohibited; FOLIAR SPRAYS : (R) CROPS: Allowed if composed entirely of allowed materials. Foliar feeding programs are not a substitute for a soil building program which is required for certification. Restricted or prohibited if product contains restricted or prohibited ingredients; FOLIC ACID : (A) LIVESTOCK: Allowed in livestock feed. See 'Vitamins'; FORMALDEHYDE UREA RESINS : (P) PROCESSING: Synthetic material used in fiber finishing. Prohibited; FORMALDEHYDE : (P) CROPS, PROCESSING: Synthetic material used as a fungicide and germicide. Also used in finishing natural fibers. Prohibited; FRUIT WAXES (natural) : (R) CROPS, PROCESSING: Materials used as post-harvest treatment to prevent desiccation and increase maturity and color. Approved materials include beeswax (organic if available), carnauba or wood- extracted waxes. Must not contain any synthetic substances. Fresh produce must be labeled with type of approved wax applied. Shellac and ammonium soaps are prohibited as ingredients in fruit wax; FULLER'S EARTH : (A) See 'Attapulgite clay'; FULVIC ACID : (R) CROPS: An acid derived from leonardite using citric acid. Used as a micronutrient or a desiccant for organic cotton. Requires prior approval and justification of immediate crop loss for use as an organic cotton desiccant; FUMIGANTS (natural) : (A) PROCESSING: Must be from a natural source; FUMIGANTS (synthetic) : (P) PROCESSING: Synthetic fungicides and growth regulators are prohibited, including any fungicide treated packaging material or any packaging materials previously treated with fumigants or growth regulators. Also includes prohibited bactericides and germicides; FUNGI (entomopathogenic) : (A) CROPS: Allowed for biological control of pests. Genetically modified organisms are prohibited; FUNGICIDES (synthetic) : (P) CROPS, PROCESSING: All synthetic fungicides that are not explicitly allowed or allowed with restrictions are prohibited. Includes bactericides and germicides. Includes fumigants and fungicide impregnated papers used in packaging; GARLIC : (A) CROPS: Pureed garlic, garlic tea or garlic oil allowed as an insect repellent or for combating mildews; GELATIN WAXES : (A) PROCESSING: May be used as an aid in processing organic fiber if removed by final scouring; GENETICALLY ENGINEERED ORGANISMS : (P) CROPS, LIVESTOCK, PROCESSING: Genetically engineered organisms or their products are prohibited in any form or at any stage in organic production, processing or handling; GIBBERELLIC ACID : (R) CROPS: A natural growth regulator used to affect fruit size, set, maturity, color, and earliness. Also used as a seed treatment for uniform sprouting, and prevents bolting of some vegetables. Allowed if made from a fermentation process without the use of genetically engineered organisms and not fortified with prohibited synthetic substances. See 'Growth regulators'; GLAUCONITE : (A) CROPS: See 'Greensand'; GLUCOSE : (A) LIVESTOCK: Allowed for livestock health care; GLUE : (P) PROCESSING: Glue bonding agents are prohibited for organic fiber processing; GLYCERIN : (R) Allowed only if produced by hydrolysis of fats and oils. LIVESTOCK: May be used for a teat dip. PROCESSING: Allowed as a non-organic ingredient. Also allowed in processing organic fiber products if removed by final scouring; GRANITE DUST : (R) CROPS: Used as a soil amendment. Sources that are mixed with petroleum products, such as from stone engraving, are prohibited. See 'Mined Minerals; GRAPE AND OTHER POMACES : (R) CROPS: Material used as a natural fertilizer that is a by-product of grapes, apples, citrus or other fruits as a result of pressing or juicing. Usually includes the skin, pulp and seed. Aerobic composting required before use; GREENSAND (glauconite) : (A) CROPS: A mined hydrated silicate of iron and potash. Average analysis is 0-1-7 and contains magnesium and boron trace elements. See 'Mined Minerals'; GROWTH ENHANCERS (natural) : (A) CROPS: Materials that help plants absorb nutrients more effectively from the soil. Materials include enzymes, natural vitamins and growth regulators such as cytokinin from seaweed. Must not contain synthetic substances. See also 'Enzymes' and 'Kelp'; GROWTH PROMOTERS : (P) LIVESTOCK: Synthetic growth promoters are prohibited in livestock feed; GROWTH REGULATORS FOR PLANTS : (R) CROPS: Natural plant hormones such as gibberellic acid, indole acetic acid (IAA) and cytokinins are allowed. Vitamin B1 is also allowed. Must not contain prohibited synthetic substances. All synthetic growth regulators not explicitly allowed are prohibited, including all formulations of the propagation hormone IBA (Indol-3-butyric acid) and the growth regulator NAA (1-Naphthalene acetic acid); GUANO (bat or bird) : (A) CROPS: Decomposed and dried deposits from wild bats and birds. Average composition 12-11-2, with 8% calcium. Domesticated fowl excrement is considered manure, not guano. See 'Manure', 'Compost'; GUMS (natural) : (A) PROCESSING: Plant-derived gums including carob bean, acacia, Arabic, guar, locust bean and xanthan gums. Must be water extracted. Used as a thickener or emulsifier in processing organic food products. May also be used in processing organic fiber products. hetic gums and gum-based finishes are prohibited; GYPSUM : (R) CROPS: See 'Calcium sulfate'; HEAVY METALS : (P) PROCESSING: Prohibited in organic fiber processing; HERBAL PREPARATIONS : (A) CROPS: Spray made from aromatic herbs as teas or essential oils used to repel pests. May not be extracted with synthetic chemicals. LIVESTOCK: Allowed for livestock health care. Herbs and herbal preparations taken internally by livestock must be certified organically grown and prepared; HERBICIDES (plant and animal derived) : (R) CROPS: The need for natural weed control materials must be explained in the farm plan; HERBICIDES (synthetic) : (P) CROPS: Synthetic weed control agents including weed oils are prohibited unless specifically allowed . See 'Soap'; HOMEOPATHIC PREPARATIONS : (A) LIVESTOCK: Allowed for use in animal health care. May not contain synthetic ingredients; HONEY : (A) LIVESTOCK: Allowed for use as an external disinfectant. If used in feed, must be from an organic source; HOOF AND HORN MEAL : (A) CROPS: Processed, dried hoof and horn from beef rendering, contains about 13 percent nitrogen; HORMONES : (R) CROPS: See 'Growth Regulators for plants' LIVESTOCK: Prohibited unless specifically listed as 'allowed' or 'allowed with restrictions'; HUMATES : (R) CROPS: Humates are usually natural deposits that are mined and may have high trace mineral contents. Acceptable if derived from leonardite, lignite, or coal, not acceptable if fortified with synthetic nutrients; HUMIC ACID DERIVATIVES : (R) CROPS: Extracts from non-synthetic humates by hydrolysis or other non- synthetic methods are allowed. Potassium hydroxide may also be used as an extractant but may not be used to fortify the potassium analysis. Humic acids extracted by ammonium hydroxide, sodium hydroxide or synthetic bases other than potassium hydroxide, and those fortified with prohibited synthetic fertilizers, including potassium hydroxide are prohibited; HYDRATED LIME : (R) CROPS: Foliar application as a fungicide (in Bordeaux mixture) only. Prohibited as a soil amendment. LIVESTOCK: Not permitted to cauterize mutilations or to deodorize animal waste; HYDROCHLORIC ACID : (P) Prohibited for all uses, including fiber processing; HYDROGEN PEROXIDE : (A) CROPS: Allowed as disease control and crop production aid. May be used as a post-harvest bactericide or germicide. Also used as a seed treatment to enhance oxygenation for sprouting. LIVESTOCK: Allowed as a topical disinfectant for livestock health care. PROCESSING: May be used for bleaching or processing of organic fiber, or as a processing production aid. Maximum concentration 3% in fiber products for non-medical uses, 6% for topical medical uses, and 9% for internal medical uses. Must be removed by final scour so that no residual remains in finished fiber; INERT INGREDIENTS : (R) Minimum risk (EPA list 4) inert ingredients are allowed. EPA list 3 inerts (not categorized by risk) are restricted and must be evaluated on a case by case basis. Inert ingredients of toxicological and probable toxicological concern (EPA list 1 and 2) are prohibited unless explicitly allowed; INOCULANTS : CROPS: See 'Microbial products'; INSECT EXTRACTS : (A) CROPS: Ground insects diluted with water (bug juice). May not be extracted with any synthetic materials; INSECT FEEDING STIMULANTS : (A) CROPS: Natural vegetable and pheromone insect feeding attractants; IODINE : (A) LIVESTOCK: Allowed as a feed supplement and for use as a topical disinfectant; IONIZING RADIATION : (P) CROPS, PROCESSING: May not be used to preserve, sterilize, extend shelf life, or control pests in organic products. X-rays may be used to detect foreign objects in packaged products; IVERMECTIN : (R) LIVESTOCK: Allowed with restrictions in dairy and breeder stock only. Routine use is prohibited, requires documented need and parasite management plan. Prohibited in slaughter animals; KAOLIN : (A) PROCESSING: Allowed as a non-organic ingredient; KELP EXTRACTS : (R) CROPS: See 'Aquatic plant products'; KELP MEAL : (A) CROPS: A naturally balanced source of trace minerals and vitamins. Used as a soil conditioner and a natural source of essential plant nutrients and organic matter; KELP : (A) CROPS: Unprocessed kelp allowed as a fertilizer. PROCESSING: Allowed for use as a thickener and dietary supplement (as defined in 21 CFR Section 172.365). LIVESTOCK: Unprocessed kelp allowed as a mineral supplement; KIESERITE : (A) CROPS: A natural magnesium sulfate from mined potash deposits. See 'Mined Minerals'; KILLED MICROBIAL PESTICIDES : (P) These have been genetically engineered and are therefore prohibited; KILN DUST : (A) CROPS: A product derived from furnace firing ceramic products. Used as a source of calcium and magnesium; KOMBU : (A) PROCESSING: Allowed as a non- organic ingredient; LACTIC ACID : (A) PROCESSING: Allowed as a non-organic ingredient; LANGBEINITE : (A) CROPS: Also known as Sulfate of Potash Magnesia. Analysis at least 21% soluble potash (K20) and 53% sulfate magnesia, not more than 2.5% chlorine. See 'Mined minerals'; LANOLIN : (A) LIVESTOCK: Non-acetylated, non-hydrous natural sources allowed. PROCESSING: Allowed as a processing aid for organic fiber production; LEAF MOLD : (A) CROPS: Allowed as a fertilizer; LEATHER BY-PRODUCTS : (P) CROPS: Residue from hide processing. Likely to be contaminated with synthetic metals or solvents used in leather processing. Includes leather meal, leather tankage and dust. Prohibited; LECITHIN (bleached) : (R) PROCESSING: Considered synthetic. Allowed only in products labeled 'with organic ingredients'; LECITHIN (unbleached) : (A) PROCESSING: Allowed as a non- organic ingredient; LIDOCAINE : (A) LIVESTOCK: Allowed for use as a local anesthetic. See 'Local Anesthetics'; LIGNIN SULFONATES : (R) CROPS: Lignosulfonic acid, calcium lignosulfate and sodium lignosulfate. Allowed as a chelating agent, as an inert ingredient, as a dust suppressant. Ammonium lignosulfate is prohibited. PROCESSING: Allowed as a chelation agent, flotation aid or non-metal reactive for dyeing organic fiber products; LIGNITE : (A) CROPS: A low quality coal below sub-bituminous. Only mined sources are allowed; LIME SULFUR : (R) CROPS: Foliar application as a fungicide or as an insecticide allowed only if there are no feasible alternatives. Includes calcium polysulfide. Prohibited as a source of calcium and sulfur to improve alkaline soils. LIVESTOCK: Allowed for use as a foot bath. Not permitted to cauterize mutilations or deodorize animal wastes; LIME, BURNED : (P) CROPS: Calcium oxide, also known as quicklime. Prohibited; LIME, FLUID : (A) CROPS: A mixture of lime solids in water using attapulgite clay as suspending agent. See 'Attapulgite clay'; LIME, SLAKED : (R) CROPS: Calcium hydroxide, also known as hydrated lime. May be used in Bordeaux mixture. Fertilizer use is prohibited. See 'Calcium hydroxide', 'Hydrated lime'; LIME : (A) CROPS: Prepared by calcination (heating) of materials composed of calcium carbonate such as limestone, marl, or shells. Shell lime slakes more easily than stone lime. Contains approx. 46% Ca, 28% Mg, small amount of carbonate and hydroxide. Used to neutralize soil acidity; LIMESTONE : (A) CROPS: Naturally mined material allowed to neutralize acid soils, improve tilth, supply calcium and magnesium. See 'Calcium carbonate'; LOCAL ANESTHETICS: : (R) LIVESTOCK: Procaine and lidocaine may be administered by producers. All other local anesthetics must be used under the supervision of a licensed veterinarian. Minimum withdrawal of 90 days for slaughter stock and 7 days for dairy animals; LYE : (R) CROPS: Prohibited for use in crop production. PROCESSING: See 'Potassium carbonate', 'Potassium hydroxide', and 'Sodium hydroxide'; MAGNESIUM CARBONATE (synthetic) : (P) CROPS: Also known as magnesia alba. A synthetically derived source of magnesium carbonate. Prohibited; MAGNESIUM CARBONATE (natural) : (A) CROPS: Naturally occurring in dolomite and magnesite, used as a secondary source of magnesium. PROCESSING: Used as a leavening and anti-caking agent in processing organic food; MAGNESIUM CARBONATE, REACTED : (R) PROCESSING: Prohibited in organic foods, but may be used in foods labeled "made with organic ingredients"; MAGNESIUM CHLORIDE : (R) Natural sea water extracted sources only. CROPS: May be used as a cotton desiccant only in cases of government declared weather emergencies to meet mandated plowdown dates. May be used as a dust suppressant in non-crop areas. PROCESSING: Used in manufacturing as a thread lubricant, carbonization of wool and flame retardant in organic fiber products. Only natural, food grade may be used in food products as a non-organic ingredient; MAGNESIUM OXIDE : (P) CROPS: Produced by heating magnesium carbonate or magnesium hydroxide. Prohibited; MAGNESIUM SILICATE : (P) PROCESSING: Prohibited as a processing production aid; MAGNESIUM STEARATE : (R) PROCESSING: Prohibited for use in organic foods, but allowed in foods "made with organic ingredients"; MAGNESIUM SULFATE : (A) CROPS: Allowed as kieserite or Epsom salts. See 'Mined minerals'. LIVESTOCK: Allowed for livestock health care. PROCESSING: Natural form is allowed as a non-organic ingredient; MALIC ACID : (A) PROCESSING: A naturally occurring acid used in food acidulation and flavorings for organic processed food products. May also be used as a chelate in processing organic fiber products; MANURE (composted) : (A) CROPS: Manures should be aerobically composted to obtain the full benefit of nutrient stabilization, kill weed seeds and pathogens and help neutralize any pesticide residues. See 'Compost'; MANURE (processed) : (R) CROPS: Processed manure products are formulated from raw manure that has been heated to temperatures of over 150ø F for one hour or more, dried to a moisture level of 12% or less, preserved, or frozen. Because these products are highly soluble and have reduced biological activity, they should not be used a a primary source of nutrients. See 'Manure tea'; MANURE (uncomposted-raw) : (R) CROPS: Uncomposted manure is restricted because it can contain high levels of plant and human pathogens, weed seeds, volatile and soluble nitrogen, and pesticide residues. Composting is recommended to stabilize nitrogen, kill pathogens and degrade chemical contaminants. Applications of raw manure should be carefully managed to prevent nitrate contamination and to minimize salt buildup. Uncomposted manure may not be applied to crops for human consumption within 90 days of harvest, or within 120 days of harvest for crops likely to be eaten raw. Human waste products and sewage sludge are prohibited. LIVESTOCK: Manure refeeding is prohibited; MANURE TEA : (R) CROPS: Considered raw manure. Must be used with other soil building practices. See 'Manure (uncomposted- raw)'; MARL : (A) CROPS: A chalky substance used as a liming material which is formed by precipitation of lime from fresh water by natural processes. The principle component is calcium carbonate and contains approximately 35% calcium and .5% magnesium. LIVESTOCK: Allowed as a feed additive. See 'Mined minerals'; MEAT BY-PRODUCTS, MEAT MEAL, WASTE : (R) CROPS: Allowed for use as a fertilizer material. LIVESTOCK: Prohibited for use in animal feed; MECHANICAL & CULTURAL CONTROLS : (A) CROPS: Allowed; METHYL BROMIDE : (P) CROPS, PROCESSING: A synthetic soil fumigant and pesticide used for post-harvest fumigation. All uses prohibited; METHYL SULFOXIDE : (P) Prohibited. See 'Dimethyl Sulfate'; MICROBIAL DISEASES : (A) CROPS: Allowed for biological control of insect, weeds and diseases; MICROBIAL INOCULANTS, FOR SOIL AND COMPOST : (R) CROPS: Natural fungi or bacteria that break down raw organic matter into more stable and usable nutrients or enhance nitrogen fixation. Includes rhizobia bacteria, mycorrhizae, Azola, Azotobacter. Used as seed treatment for inoculation of legumes. Also may be used as an inoculant for rooting or transplanting herbaceous or woody plants. Added to compost to enhance or speed up digestion. No synthetic preservatives or fortifications allowed. See 'Microbial products'; MICROBIAL PRODUCTS : (R) CROPS: Microbial products may be used on compost, plants, seeds, soils and other components of the agroecosystem. Allowed materials include Rhizobium bacteria, mycorrhizal fungi, Azolla, yeast and other microorganisms. Genetically engineered organisms or viruses are not allowed. Microbial products are prohibited if the final product contains synthetic preservatives such as sodium sulfite, or if they are fortified with otherwise prohibited plant nutrients. Product review may be needed to verify compliance with standards. PROCESSING: Includes cultures and yeasts, as well as enzymes and gums derived from microorganisms. Products made from organisms that have been genetically modified are prohibited; MICRONUTRIENTS (synthetic) : (R) CROPS: Use restricted to cases where natural sources are not available and soil/plant nutrient deficiency is documented by soil or tissue testing. Products made from nitrates or chlorides are not allowed. Not to be used as a defoliant, herbicide or desiccant. Grower must develop a plan to correct and avoid nutrient deficiencies and imbalances. Micronutrients include: boron, cobalt, copper, iodine, iron, manganese, molybdenum, selenium, zinc. See 'Chelates'; MILK: : (R) CROPS: Allowed for disease control and as a source of fertility. Milk from cows treated with BGH is prohibited; MINED MINERALS (unprocessed) : (R) CROPS: A mined mineral must not have undergone any change in its molecular structure through heating or combining with other substances. Acceptable if the material is not processed or fortified with synthetic chemicals. Mined minerals are regarded as supplements to a balanced organic soil building program. Some minerals that are mined can also be made synthetically or are by- products of industry; investigate the source of any new material. Some naturally occurring mineral deposits contain high levels of toxic materials, such as arsenic, cadmium, chlorine, chromium, cobalt, mercury, lead, selenium, and sodium. Testing may be required for specific products. LIVESTOCK: Allowed in livestock feed, with same restrictions listed above. Subject to CFR listing and approved for livestock use; h type-name="bold">MINERAL OIL: (R) LIVESTOCK: Allowed for topical use and as a lubricant. Not allowed in feed; MINERALS (nutrients, synthetic) : PROCESSING: Allowed for use in organic foods for enrichment or fortification when required by regulation or recommended by an independent professional body. Natural minerals are preferred. LIVESTOCK: Only allowed if natural source is not available. Subject to CFR listing and approved for livestock use; MINERAL SALTS : (A) PROCESSING: Includes sea salt; sodium, calcium, magnesium and potassium chlorides; potassium iodide; calcium, iron and magnesium sulfates. Not included in calculation of 5% non-organic ingredients allowed in organic processed products; MOLASSES : (R) CROPS: Allowed as a soil stimulant or fertilizer. LIVESTOCK: Organic sources allowed as a livestock feed supplement. Non-organic sources may only be used if organic source is not available; MONO/DIGLYCERIDES : (R) PROCESSING: Allowed for use in drum drying of food only; MORDANTS : (P) PROCESSING: Prohibited for fiber processing; MOTH BALLS/CRYSTALS : (P) CROPS, PROCESSING: Naphthalene and paradichlorobenzene. Synthetic pest repellent for insects and fumigant for mildew. Used for post-harvest handling and product storage. Prohibited; MULCHES : (A) CROPS: Purchased natural mulch products should be documented as residue free. Mulch made of recycled newspapers is restricted and must undergo precomposting prior to use. See restrictions under 'Newspaper'; MURIATE OF POTASH : (R) CROPS: Sources from mined sylvite deposits or extracted from salt lake brines are allowed with restrictions. Has high salt content as KCL. Requires prior approval and soil and tissue testing for application as a soil amendment. Sources from potassium salts of hydrochloric (muriatic) acid are prohibited. Also restricted for use as an a desiccant for organic cotton and requires prior approval and justification of immediate crop loss. See 'Potassium chloride'. Prohibited by IFOAM; MUSHROOM COMPOST : (R) CROPS: May contain substantial pesticide residues if obtained from non-organic mushroom houses. Must be from certified organically grown mushroom production systems, or documented free of contaminants, or aerobically composted prior to use; NATURAL FLAVORS : (R) PROCESSING: All flavor constituents used in the natural flavor must be from natural sources and must not have been chemically modified. May not be produced using synthetic solvents, carriers or artificial preservatives. Natural flavors used in products labeled 'made with organic ingredients' may not contain propylene glycol or artificial preservatives, may not be hexane extracted; NEEM EXTRACTS (powder and seeds) : (R) CROPS: Allowed with restrictions as a botanical insecticide. See 'Botanical pesticides' for restrictions; NEMATICIDES : (R) CROPS: Natural enzymes, microbiological products, or biological control agents that control plant nematodes are allowed. Nematicides derived from crab shells are restricted. See 'Sea animal wastes'. Synthetic materials (such as soil fumigants) used primarily to control root-infesting nematodes are prohibited; NEMATODES : (A) CROPS: Beneficial nematodes are allowed for biological control of pests; NEWSPAPER : (R) CROPS: Allowed for use as mulch as long as it is composted and used according to TDA standards. Glossy paper and colored inks are prohibited. See 'Compost'. LIVESTOCK: Allowed for use as bedding; glossy paper and colored inks prohibited; NICOTINE : (P) CROPS: A botanical insecticide, prohibited because of extreme toxicity; NISIN : (P) PROCESSING: An antibiotic produced by Streptococcus lactis, used as a preservative, especially for cheese, canned fruits and vegetables. Prohibited; NITER, NITRATE OF SODA-POTASH : (R) CROPS: Used as a source of nitrogen. See 'Potassium nitrate' (Prohibited), 'Sodium nitrate', 'Chilean nitrate' (Restricted). Prohibited by IFOAM; NITRATES, NITRITES : (P) PROCESSING: Prohibited as a preservative in organic foods; NITROGEN GAS : (R) CROPS, PROCESSING: Restricted for post-harvest use in controlled atmosphere storage. Only oil-free grades from a non-oil source may be used; NON-ORGANIC AGRICULTURAL INGREDIENTS : (R) PROCESSING: Non-organic agricultural ingredients may be used in processed foods that contain at least 50% organic ingredients and are labeled as "made with organic ingredients". Ingredients used in processed foods labeled as "organic" (containing at least 95% organic ingredients) must be from a certified organic source if available; NORI : (A) PROCESSING: Allowed non-organic ingredient. Several species of Porphyra including crispata, perforata, suborbiculata, and tenera as cited in 21 CFR 184.1221 are allowed; NOSEMA SPECIES : (A) CROPS: A natural fungus disease of homopterous insect species such as grasshoppers and crickets. Allowed for use as a biological control agent; NUCLEAR POLYHEDROSIS VIRUS (NPV) : (A) CROPS: A natural virus allowed for biological control of pests; NUTRIENT MINERALS : (R) PROCESSING, LIVESTOCK: See 'Minerals'; NUTRIENT VITAMINS : (R) PROCESSING, LIVESTOCK: See 'Vitamins'; OILS, PETROLEUM BASED : (R) See 'Dormant oils', 'Summer oils', 'Petroleum distillates'. PROCESSING: Synthetic oils are prohibited in organic fiber processing; OLEIC ACID : (R) PROCESSING: Derived from animal tallow or vegetable oils. Used as a processing aid as a food-grade additive and in manufacturing of organic fiber products; OPTICAL BRIGHTENERS : (P) PROCESSING: Prohibited in fiber processing; ORGANO-PHOSPHATES : (P) Synthetic pesticides. Prohibited; ORTHO-PHOSPHORIC ACID : (R) CROPS: May be used as a source of phosphorus if derived from food grade sources. May be used as an extractant for fish emulsion formulations; OXALIC ACID : (R) Occurs naturally in many plants (wood sorrel, rhubarb, spinach). Produced from an alkali extraction of sawdust or by synthetic reaction. CROPS: Restricted to use only as a greenhouse disinfectant. PROCESSING: May be used in manufacturing organic fiber products; OXYGEN GAS : (R) PROCESSING: Oil-free grades from a non-oil source are allowed; OYSTERSHELL LIME : (A) CROPS: Ground shells from oysters used as a liming material. LIVESTOCK: May be used as a mineral supplement; OZONE : (A) PROCESSING: Allowed as a non-organic ingredient; PAPER : (R) CROPS: Glossy paper and colored ink are prohibited in mulch and compost; PARAFFIN : (R) PROCESSING: Paraffin based wax is allowed as a processing aid for organic fiber products provided that it is removed by scouring later in the manufacturing process; PARASITICIDES : (R) LIVESTOCK: Products must be reviewed on a case by case basis. Ivermectin allowed in dairy and breeding stock with extended withdrawal period. Use in slaughter stock is prohibited. Fenbendazole and levamisole are prohibited; PEANUT MEAL : (A) CROPS: Ground peanut hulls or shells used in mixed fertilizers or as a filler or soil conditioner. Allowed for use as a source of primary or secondary nutrients; PEAT MOSS : (R) CROPS: Peat moss or acid peat is used for soil improvement and aids in soil acidification. It is composed largely of organic matter and contains some nitrogen of low activity. Must not contain synthetic wetting agents, synthetic fertilizers or growth hormones; PECTIN : (A) PROCESSING: Derived from citrus fruit or fruit pomace. Used as a thickener or emulsifier in jellies and processed organic food products. Both high-methoxy and low-methoxy forms are allowed; PELARGONIC ACID : (P) CROPS: Crop production aid and weed control agent. Prohibited; PENTACHLOROPHENOL : (P) CROPS: Crop production aid. Prohibited; PERBORATE BLEACHES : (P) PROCESSING: Prohibited for fiber processing; PERLITE : (A) A volcanic glass that contains considerable water and expands when finely ground and heated. CROPS: Used as a conditioner and as a carrier of fertilizers. Used in potting soil mixes to increase water-holding capacity and percolation. PROCESSING: Allowed as a filter aid in food processing; PESTICIDES (synthetic) : (P) All synthetic pesticides not explicitly allowed or restricted are prohibited; PETROLEUM DISTILLATES : (R) Restricted to petroleum derivatives with a 50% boiling point at 10 mm mercury pressure between 415øF and 440øF, ñ 8øF. Aromatic petroleum solvents including, but not limited to, benzene, naphthalene, toluene and xylene are prohibited. CROPS: Allowed for use in organic production as suffocating or stylet oils on foliage and as inert ingredients. May be applied to dormant perennials. Direct application to harvested crop is prohibited. Petroleum distillates may not be used as either weed or carrot oils in organic production. Land covered with petroleum derived pavement and road oils cannot be certified for 3 years following application. These compounds are often used as additives and inert ingredients in various products and as emulsifiers; PETROLEUM OILS : (P) LIVESTOCK: Prohibited for livestock health care; PETROLEUM SOLVENTS, AROMATIC : (P) CROPS: These petroleum fractions are prohibited because they are definite health hazards; PH ADJUSTERS, BUFFERS : (R) PROCESSING: Natural sources such as citric acid, sodium bicarbonate or vinegar are allowed. Synthetic pH adjusters are prohibited. Lye and sulfuric acid are expressly prohibited; PHEROMONES : (R) CROPS: Compounds secreted by insects that act as sex attractants, aggregation cues, alarm signals, feeding stimulants or oviposition markers. For monitoring, pheromones are impregnated in dispensers and are placed in sticky traps, physical entrapment cages or lures to detect pest emergence and migration into crops. Prohibited pesticides may be included in pheromone traps or bait sticks if the pesticides do not contact and are not added to soil or water. Use in sprayable formulations is restricted. May not be combined with prohibited pesticides if applied directly to crops; PHOSPHATE: SUPERPHOSPHATE, TRIPLE SUPERPHOSPHATE : (P) CROPS: Prohibited as a source of fertility; PHOSPHATE ROCK : (R) CROPS: A natural mineral or rock containing one or more forms of calcium phosphate. May be applied as soft-rock or hard-rock phosphate. Must not be fortified or processed with synthetic chemicals; PHOSPHORIC ACID (synthetic) : (R) CROPS: Prohibited as a synthetic fertilizer. PROCESSING: Allowed for cleaning equipment, food contact surfaces and facilities; PINE (TALL) OIL : (A) PROCESSING: A mixture of rosin, acids, fatty acids and other materials from pulping of pine wood. May be used in processing organic fiber products. PIPERONYL BUTOXIDE : (R) CROPS: Derived from a plant source, but undergoes a substantial molecular change during its extraction and processing. Restricted to use in formulations of botanical pesticides to minimize amount of toxic substances used. Prohibited by IFOAM; PLANT EXTRACTS : (A) CROPS: Allowed unless otherwise specifically restricted or prohibited. Includes solutions made from plants such as marigolds, sesame chaff, horsetails and gourds. Allowed extractants include cocoa butter, lanolin, animal fats, alcohol, and water. Plants oils made from cottonseed, soybean, sunflowers, safflowers and peanuts are included in this category. Used as pesticides, fungicides, fertilizers, horticultural spray oils and natural spray adjuvants; PLANT OILS : (A) CROPS: See 'Plant extracts'. PROCESSING: Plant oils, including coconut oil, banana oil, and pine (tall) oil, are allowed as a processing aid for organic fiber products; PLANT PROTECTANTS : (R) CROPS: Materials which protect plants from harsh environmental conditions such as frost and sunburn, or from infection, dirt build up on leaf surfaces, or injury by a pest. Natural substances are allowed including diatomaceous earth, pine oil, pine resin and yucca. Interior latex paint and white wash are allowed for use on trees to protect against sunburn. Other synthetic plant protectants are prohibited unless specifically allowed; PLANTS : (A) CROPS: Includes plant preparations of aquatic or terrestrial plants or parts of plants such as cover crops, green manures, crop wastes, hay, leaves and straw. Plants used for crop protection such as marigolds, sesame chaff and Equisetum (horsetails) are permitted. Plants used as insect repellents such as cinnamon and garlic are permitted. Botanical insecticides are regulated. Plants used as mulch for weed suppression and parts of plants with allelopathic properties such as rye grass and brassicas are permitted. Plants used as soil amendments and foliar feeds are permitted. Crop wastes that potentially contain significant levels of pesticide contaminants are restricted. See 'Cocoa bean hulls', 'Cotton gin trash', 'Cottonseed meal', 'Plant extracts', 'Corn gluten', 'Botanical pesticides'; PLASTIC MULCHES, ROW COVERS, AND PLASTIC FOR SOLARIZATION (including biodegradable plastic) : (R) CROPS: Must not be incorporated into soil or left in field to decompose. Must be removed at the end of the growing season, or for perennial crops must be removed before the plastic decomposes. Use of polyvinyl chloride as plastic mulch/row-cover is prohibited. Care and caution should be used in the disposal of these products; PLASTIC PELLETS : (P) LIVESTOCK: Prohibited for use in livestock feed; POLYMERS, SYNTHETIC : (P) PROCESSING: Prohibited for bonding organic fiber products; POLYVINYL ALCOHOL (PVA) : (R) PROCESSING: A water-soluble polyvinyl acetate alcohol. A recyclable starch used as a processing aid (bonding agent) in manufacturing organic fiber products. May be used for sizing if removed by scouring; POMACES : (R) CROPS: Feedstock must be from certified organically grown fruits and vegetables, or documented free of contaminants, or aerobically composted prior to use; POTASSIUM BICARBONATE : (A) CROPS: Allowed synthetic material, may be used as a fungicide; POTASSIUM CARBONATE : (R) PROCESSING: Allowed as a non-organic ingredient only for FDA approved uses where natural sodium carbonate is not an acceptable substitute; POTASSIUM CHLORIDE : (R) CROPS: Only from mined sources. Muriate of potash (potassium chloride) may only be used in a manner that prevents excessive chloride in soils. Soil testing may be required in both treated and untreated adjacent soils to verify absence of chloride build-up. Also restricted for use as a desiccant for organic cotton and requires prior approval and justification of immediate crop loss. This material is prohibited by IFOAM. PROCESSING: Natural sources d as a non-organic ingredient; POTASSIUM CITRATE : (A) PROCESSING: Allowed synthetic. May be used as a non-organic ingredient; POTASSIUM HYDROXIDE (LYE) : (R) CROPS: Prohibited as a crop production aid. PROCESSING: Use is restricted. May not be used in lye-peeling fruits or vegetables and where natural sodium bicarbonate is an acceptable substitute; POTASSIUM IODIDE : (R) PROCESSING: Natural form allowed as a non-organic ingredient in organic foods. Synthetic form prohibited in organic foods but allowed for use in foods labeled "made with organic ingredients"; POTASSIUM NITRATE : (P) CROPS: Prohibited as a synthetic source of fertility; POTASSIUM PERMANGANATE : (R) LIVESTOCK: Allowed for disinfecting livestock facilities; POTASSIUM PHOSPHATE : (R) PROCESSING: Prohibited for use in organic foods but allowed for use in foods labeled "made with organic ingredients". Tribasic potassium phosphate may be used as an equipment cleaner; POTASSIUM SULFATE : (R) CROPS: Langbeinite or other natural potassium sulfate sources, or from evaporated salt lake brines is allowed as a source of fertility. Restricted for use as a desiccant for organic cotton. Synthetic sources produced by acidulation or chemical reaction are prohibited. See 'Muriate of potash', 'Mined minerals'; POTASSIUM TARTRATE : (A) PROCESSING: Allowed as a non-organic ingredient; POTATO STARCH : (A) PROCESSING: A carbohydrate polymer derived from potatoes or cassava used as a processing ingredient or aid in organic food or fiber products; PRESSURE TREATED LUMBER : (P) CROPS: All synthetic wood preservatives are prohibited unless explicitly allowed or restricted. Copper chromium arsenate (CCA), creosote and pentachlorophenol treated lumbers are prohibited. Some copper compounds are allowed with restrictions as lumber treatments. See 'Arsenate Treated Lumber', 'Copper products'; PROBIOTICS : (A) LIVESTOCK: Allowed for use in livestock health care; PROCAINE : (R) LIVESTOCK: Allowed for use as a local anesthetic. See `Local anesthetics'; PROPOLIS : (A) CROPS: A resinous substance collected from various plants by bees. Allowed for use in pest control; PROTOZOA : (A) CROPS: Allowed for biological control of pests; PUMICE : (A) CROPS: Allowed as a source of fertility; PYRETHROIDS (synthetic) : (P) CROPS: Synthetic pesticides modeled after pyrethrum. Prohibited; PYRETHRUM : (R) CROPS: A botanical insecticide from the flowers of the plant Chrysanthemum cinerariaefolium. Only products made with naturally occurring forms are allowed. Synthetic additives are not allowed with the exception of allowed petroleum distillates. Liquid formulations with prohibited inert ingredients are prohibited. Piperonyl butoxide (PBO) as a synergist is restricted. May be used if no other formulation is available or if approved upon demonstration of need in a farm plan. See 'Botanical pesticides', 'Piperonyl butoxide', 'Petroleum distillates'. LIVESTOCK: May be used as an external parasiticide, according to label restrictions. Document lack of alternatives; QUASSIA : (R) CROPS: A botanical pesticide extracted from bitterwood. Allowed with restrictions. See 'Botanical pesticides'; QUICK LIME : (P) CROPS: Prohibited. See 'Calcium oxide'; REPELLENTS, ANIMAL : (R) CROPS: Acceptable if derived from a natural source such as blood meal, rotten eggs, hair, or predator scents, provided synthetic additives are not used; RESINS : (P) PROCESSING: Silicone resin, other synthetic resins and resin- based finishes are prohibited for organic fiber processing; RICE HULLS : (A) CROPS: Ground rice hulls or chaff from rice grain may be used in mixed fertilizers as a filler or conditioner. PROCESSING: Allowed as a processing production aid; ROCK DUSTS : (R) CROPS: See 'Mined minerals'; RODENT TRAPS : (R) Mechanical traps are acceptable but synthetic baits may not be used; ROTENONE : (R) CROPS: A botanical pesticide extracted from derris, timbo or other rotenone containing plants, mostly legume shrubs. Allowed with restrictions for pest control. Particularly toxic to fish and birds, must be used with caution. Rotenone products formulated with petroleum distillates, including cubes and resins are acceptable but formulations with other synthetic products are prohibited. Piperonyl butoxide may be used as a synergist (restricted). See 'Botanical pesticides', 'Piperonyl Butoxide'; RYANIA : (R) CROPS: A botanical pesticide extracted from the stemwood of Ryania speciosa. Used to control codling moth, European corn borer and citrus thrips. These products are very toxic and should be used with caution. Same as above. See "Botanical pesticides' ; SABADILLA : (R) CROPS: A botanical pesticide extracted from the seeds of Schoenocaulon officinale. Allowed with restrictions. This product is very toxic and should be used with caution. Same restrictions as rotenone and quassia. See 'Botanical pesticides'; SALT OR SEA SALT : (A) PROCESSING: Allowed as a non-organic ingredient in organic foods. See 'Sodium chloride', 'Mineral salts'. Allowed in organic fiber processing; SAND : (A) CROPS: Used for potting soil mixes. May not be sterilized above 180øF. PROCESSING: Steamed sand may be used as an anti-caking agent and substitute for silicon dioxide; SAW DUST : (A) CROPS: Derived from native hardwood or softwood sources, allowed for use only as a mulch; SEA ANIMAL WASTES : (A) CROPS: Crab and shrimp shells or formulations of these wastes are acceptable for nematode control if they do not contain synthetic ingredients. Shells from aquatic animals are allowed for use as a fertilizer. See 'Nematicides'; SEA CREATURES : (A) CROPS: Only non- mammalian species allowed for use as fertilizer. See 'Fish products'; SEAWEED AND SEAWEED EXTRACTS : (A) CROPS: A source of organic fertilizers and natural growth regulators. PROCESSING: A source of products used as organic food processing additives and aids. See 'Kelp', 'Kelp meal', 'Aquatic plant products', 'Agar', 'Alginates', 'Cytokinins'. LIVESTOCK: Seaweed is allowed in livestock feed; SELENIUM : (R) LIVESTOCK: Natural or herbal selenium products may be used in livestock feed in cases of documented deficiencies. Selenium may be used in livestock health care to treat documented deficiencies; SEWAGE SLUDGE : (P) CROPS: Prohibited. Solids removed from sewage by screening, sedimentation, chemical precipitation or bacterial digestion. Five types include raw, digested, activated, digested activated and chemically precipitated. These products can be contaminated with heavy metals and be a potential source for pathogens; SILICONE : (P) CROPS: Prohibited as a desiccant for pest control. PROCESSING: Silicone, silicone- based finishes and silicone resins are prohibited for organic fiber processing; SILICON DIOXIDE : (A) PROCESSING: Allowed for floating tree fruits and fiber processing; SOAP : (R) CROPS: Insecticidal and herbicidal soaps derived as potassium or fatty acids from animal or vegetable oils are allowed for use on roadways, ditches, right-of-ways, around buildings and ornamental crops. Use on food crops or fallow fields is prohibited. May also used as fungicides, germicides, horticultural oils and spray adjuvants. Also formulated to control moss, algae, lichens and liverworts in greenhouses. See 'Adjuvants'. PROCESSING: Allowed for equipment and food contact surfaces. Allowed for postharvest wash. LIVESTOCK: May be used to disinfect livestock and facilities; SOAP, IN FRUIT WAX : (R) PROCESSING: Ammonium soaps are prohibited in fruit wax; SODA ASH : (R) CROPS: Restricted to use for post-harvest applications for fruit. PROCESSING: May be used as a processing aid to adjust pH for organic fiber processing; SODIUM BICARBONATE : (A) CROPS: Allowed for disease control. PROCESSING: Allowed as a non-organic ingredient in organic foods; SODIUM CARBONATE : (A) PROCESSING: Allowed as a non- organic ingredient in organic foods; SODIUM CHLORATE : (P) CROPS: Prohibited. Not allowed as a crop production aid; SODIUM CHLORIDE : (R) CROPS: Natural sources only. May be used as cotton desiccant only in cases of government declared weather emergencies to meet mandated plowdown dates. Any other use as a desiccant or harvest aid is prohibited. May not be used as a herbicide. PROCESSING: Allowed as a non-organic ingredient in organic processed foods. LIVESTOCK: Allowed as a feed supplement; SODIUM CHLORITE : (P) PROCESSING: Prohibited for bleaching organic fiber; SODIUM CITRATE : (A) PROCESSING: Allowed as a non-organic ingredient in organic foods; SODIUM FLUOALUMINATE : (P) CROPS: Toxic pesticide, very high environmental persistence. Both mined and synthetic forms are prohibited; SODIUM GLUCONATE : (A) PROCESSING: May be used as a chelating agent in processing organic fiber; SODIUM HYDROXIDE : (P) CROPS: A synthetic contact broadleaf herbicide, common name fomesafen. Prohibited. PROCESSING: Prohibited for use in lye peeling of fruits and vegetables and where natural sodium bicarbonate is an acceptable substitute; SODIUM HYPOCHLORITE : (P) CROPS: May be used to clean irrigation systems. Prohibited for direct application to crops. PROCESSING: A synthetic material used as a disinfectant. May not be used as a bleach in processing organic fiber. LIVESTOCK: See 'Bleach'; SODIUM MOLYBDATE : (R) CROPS: An anhydrous salt which is highly soluble and contains 46% molybdenum. Must show justification of need including soil and tissue analysis. Other forms of molybdenum should be considered first and this product used only as a last resort. May cause nutrient toxicity and result in increased soil salinity if used at higher rates or over an extended period of time. See 'Micronutrients'; SODIUM MONOPERSULFATE : (P) PROCESSING: May not be used for bleaching organic fiber; SODIUM NITRATE (Chilean nitrate) : (R) CROPS: Synthetic forms are prohibited. Naturally mined sodium nitrate (Chilean nitrate) may not account for more than 20% of the N applied to any crop. Prior approval required for use. Growers who use sodium nitrate must also employ management practices which encourage nutrient cycling through biological methods. They must reduce the amount as well as the frequency of use of sodium nitrate over time. Timing and efficiency of applications must be optimized. Long term reliance on this material may be grounds for decertification. This material is prohibited by IFOAM. See 'Chilean nitrate'; SODIUM PERBORATE : (P) PROCESSING: May not be used for bleaching organic fiber; SODIUM PHOSPHATES : (R) PROCESSING: Use as a non-organic ingredient is restricted to dairy foods; SODIUM SILICATE : (R) PROCESSING: Use restricted to post-harvest processing (floating) of tree fruits and as a processing aid for processing organic fiber. See 'Zeolite'; SODIUM SULFATE : (P) LIVESTOCK: Prohibited as a disinfectant; SODIUM TARTRATE : (P) PROCESSING: Prohibited as a non-organic ingredient; SOIL FUMIGANTS (synthetic) : (P) CROPS: A synthetic pesticide that forms a gas when applied to the soil to destroy many pests and microorganisms. Prohibited; SOLVENTS : (P) CROPS: See 'Adjuvants'. PROCESSING: Chemical solvents are prohibited for bonding organic fiber products; SORBIC ACID : (P) PROCESSING: Prohibited as a non-organic ingredient; SOYBEAN MEAL : (R) CROPS: Ground soybeans used in mixed fertilizers or as a filler or soil conditioner. Used as a source of primary or secondary nutrients. LIVESTOCK: May not use solvent extracted products. Must be certified organic or transitional; SPRAY ADJUVANTS : (R) CROPS: Synthetic materials including wetting agents, spreaders, stickers, emulsifiers, dispersing agents, foaming adjuvants, foam suppressants, penetrants, buffering agents and other spray formula correctives. Minimum risk (EPA list 4) materials are allowed. EPA list 3 materials (not categorized by risk) are restricted and must be evaluated on a case by case basis. Materials of toxicological and probable toxicological concern (EPA list 1 and 2) are prohibited unless explicitly allowed. See 'Adjuvants', 'Petroleum distillates', 'Inert ingredients'; SPREADER-STICKERS : (R) CROPS: See 'Spray adjuvants'; STARCH : (A) PROCESSING: Natural starches such as corn starch and potato starch are allowed for organic fiber processing; STEARIC ACID : (R) PROCESSING: If derived from plant or animal fatty acids, allowed as a finishing ingredient or aid in processing organic fiber; STEAM : (R) PROCESSING: Steam in contact with food may not contain boiler chemicals. See 'Water'; STICKY TRAPS AND BARRIERS : (R) CROPS: Synthetic materials may be used in pheromone traps, bait sticks or other traps which do not contact the crop, soil or water. Only natural materials such as fatty acids or natural rosins softened with castor oil may be directly applied to woody plants, but not if containing prohibited pesticides or other prohibited substances; STRAW : (A) CROPS: Straw or residues from cover crops allowed for weed control or mulching; STREPTOMYCIN SULFATE : (R) CROPS: Permitted for use to control fireblight on apples and pears only. See 'Antibiotics'; STRYCHNINE : (P) Natural material, including the botanical extract from Nux vomica, prohibited due to extreme toxicity; SUFFOCATING OILS : (R) CROPS: Oils from petroleum sources are restricted. See 'Petroleum distillates'. Vegetable oils are allowed. See 'Vegetable oils'; SUGAR : (A) CROPS: Allowed for use as a fertilizer; SUGAR BEET LIME, SUGAR LIME : (R) CROPS: Calcium carbonate produced from the processing of beets or cane into sugar. This product may contain substantial herbicide residues and must not contain slaked lime. Use only if documented to be residue-free. See 'Limestone'; SULFATE OF POTASH : (R) CROPS: Restricted. See 'Potassium sulfate'; SULFATE OF POTASH MAGNESIA : (R) CROPS: Allowed if derived from langbeinite or other natural mineral sources. See 'Mined minerals'; SULFATES OF ZINC OR IRON : (R) CROPS: May be used only to correct for nutrient deficiencies determined by soil or plant tissue testing. See 'Micronutrients', 'Chelates'; SULFITES : (P) PROCESSING: Includes potassium metabisulfite as a preservative in processed foods. Prohibited; SULFUR : (R) CROPS: Occurs naturally in elemental deposits. An acid-forming element essential to the growth of plants. May be used for correction of soil alkalinity and as a macronutrient where more buffered sources of sulfur are not appropriate. Also used as a fungicide for control of plant diseases such as brown rot, powdery mildew, and scab. Effective insecticide and miticide for control of such insects as thrips, mites and other rasping-sucking insects. Allowed for foliar use as an insecticide, fungicide or fertilizer. Must come from mined sources. PROCESSING: Sulfur powder is prohibited for post-harvest treatment; SULFUR (fumigant) : (R) Sulfur smoke bombs used for rodent control must be used along with other methods; SULFURIC ACID : (R) PROCESSING: May be used only as an equipment sanitizer. Prohibited as a processing aid and as an ingredient. Prohibited for fiber processing; SULFUR DIOXIDE : (R) CROPS: Allowed for use in sulfur smoke bombs for control of rodents. Prohibited for post-harvest use. Restricted for use to clean drip irrigation systems and for rodent control. PROCESSING: For use in organic wine processing only. May not be added to wine at levels greater than 100 ppm; the level of free sulfites may not exceed 35 ppm in the final product. Prohibited for pest control use in processing and distribution facilities; SUMMER OILS : (R) CROPS: For cautious use on woody plants only. This category does not allow the use of carrot or weed oils. See 'Dormant oils', 'Petroleum distillates', 'Vegetable oils'; SUPER PHOSPHATE : (P) CROPS: Prohibited. See 'Phosphate'; SURFACTANTS : (R) CROPS: Biodegradable surfactants (anionic, cationic, non-ionic) used as spreader agents in application of foliar materials listed as allowed or allowed with restrictions. PROCESSING: Low impact and biodegradable anionic, cationic and non-ionic surfactants may be used as a processing ingredient or aid in processing organic fiber. See 'Adjuvants, 'Soaps', 'Detergents' ; TALLOW WAX : (A) CROPS: Natural waxes derived from animals or plants. May be used as a natural fruit wax. May be used as a natural transpiration blocker. PROCESSING: May also be used as a processing aid in processing organic fiber. Includes hydrogenated tallow; TARTARIC ACID (cream of tartar) : (A) PROCESSING: A natural form of baking powder derived from wine lees. Natural and synthetic forms allowed in acidulation of organic foods and organic food processing. May also be used in processing of organic fiber products; TERRAMYCIN : (R) CROPS: Oxytetracycline calcium complex. Restricted for use as a fire blight control in apples and pears only. See 'Antibiotics'; TOBACCO DUST : (P) CROPS: Natural substance, but prohibited because of extreme toxicity; TOCOPHEROLS : (A) PROCESSING: Allowed as a non-organic ingredient. Must be derived from vegetable oils when rosemary extracts are not a suitable alternative; TRACE MINERALS, NATURAL : (A) CROPS: Allowed as a source of fertility. Includes micronutrients from natural sources that are unchelated or chelated by a biological process. See 'Micronutrients'. LIVESTOCK: See 'Mined Minerals' and 'Minerals'; TRANSPIRATION BLOCKERS, SYNTHETIC : (P) CROPS: Prohibited as a crop production aid. Also known as antitranspirants. Produced from synthetic waxes and petroleum oils. See 'Antitranspirants'; TRANSPLANTS : (R) CROPS: Organic transplants must be used if available. Transplants that are not certified as organic but that are grown without the use of synthetic fungicides or pesticides may be used with adequate justification; TRANSPLANT MEDIA : (R) CROPS: Transplant media must be composed entirely of allowed materials. Allowed with restrictions if media contains restricted materials. Prohibited if the product is treated with or contains any prohibited materials; TRAPS : (A) Physical traps are allowed for entrapment of pests and rodents; TREATED SEED : (R) CROPS: Seed treated with naturally occurring biological control agents are allowed. Genetically modified organisms are prohibited. Seed pelletized with clay, gypsum, or other non-synthetic coating is allowed. Pelletization of seed with plastic polymers or other synthetic substances is prohibited. Seed treated with insecticides, avicides, rodenticides, and/or other biocides targeting vertebrate pests is prohibited. Fungicide treated seed may be used only if the grower can document in writing that untreated seed is unavailable. See 'Microbial inoculants' for Rhizobial bacteria coatings; TREE SEALS : (A) CROPS: Lime, plant or milk based paints are recommended but interior latex paints may be used. Other petroleum materials may be used if there is no alternative. Must not be combined with fungicides or other synthetic chemicals; TRIPLE PHOSPHATE : (P) CROPS: A prohibited synthetic phosphate fertilizer . See 'Super phosphate'; UREA : (P) CROPS: A form of nitrogen synthesized from ammonia and carbon dioxide. All uses prohibited, including as an inert ingredient. LIVESTOCK: All uses prohibited including use in livestock feed; VACCINES : (R) LIVESTOCK: May be used for livestock health care to prevent endemic diseases; VEGETABLE OILS : (A) CROPS: Spreader-stickers, surfactants and carriers. Plant oil based adjuvants must consist of at least 90% plant oil and must not contain synthetic pesticides. PROCESSING: Allowed as a processing aid for organic fiber products; VERMICULITE : (A) CROPS: An ore material used as a fertilizer conditioner, a rooting medium and a soil conditioner. Increases water holding capacity and percolation; VINEGAR : (A) CROPS, PROCESSING: Allowed. See 'Acetic acid'. LIVESTOCK: Allowed in livestock feed; VIRUS SPRAYS : (R) CROPS: Codling moth Granulosis virus is allowed. No genetically engineered viruses allowed. Products must be evaluated on a case by case basis. See 'Microbial products', 'Microbial diseases'; VITAMIN D-3 (CHOLECALCIFEROL) : (R) Restricted to use as a rodent bait. Cannot be sole means of rodent control. Alternative methods for rodent control must be documented in pest control plan. Precautions must be taken to prevent killing non-target animals; VITAMINS : (R) CROPS: Non-synthetic sources of all vitamins and synthetic sources of vitamins B1, C, and E may be used in certified organic crop production. All synthetic vitamins not explicitly allowed are prohibited. PROCESSING: Allowed as a non-organic ingredient for enrichment or fortification when required by law or regulation, or recommended by an independent professional body. LIVESTOCK: Natural vitamins are allowed and are preferred. In cases of documented deficiencies, FDA approved synthetic vitamins may be used if natural form is not available; WATER : (A) CROPS: Water is allowed as a crop production aid. Water used to wash produce must meet the Safe Drinking Water Act. PROCESSING: Water used in food processing must meet the Safe Drinking Water Act. Not included when calculating 5% of non- organic ingredients by weight in the finished product. Hot water may be used for processing fiber products. LIVESTOCK: Fresh water is allowed. Reclaimed water may not be used as a drinking water source for livestock; WATER SOFTENERS : (R) CROPS: Allowed with restrictions as a crop production aid, only for use with soaps; WAX : (R) PROCESSING: Must not contain any prohibited synthetic es. Acceptable sources include carnauba or wood-extracted wax. Products which are coated with approved wax must be indicated as such on the shipping container. Natural waxes are allowed as a processing aid in organic fiber production. Petroleum-derived waxes, synthetic waxes and waxes that contain synthetic fungicides or preservatives are prohibited; WEED OILS : (P) CROPS: Petroleum fractions used as contact herbicides are prohibited. Vegetable or animal derived oils are restricted. Use with caution; WETTING AGENTS : (A) CROPS: A substance that increases a liquid's spreading and penetrating power by lowering surface tension. Used on waxy, hairy or dusty leaf surfaces. This category includes saponins, fatty acids such as insecticidal soaps and naturally mined clays such as attapulgite. Also includes microbial wetting agents. Soaps and detergents low in phosphate are allowed. Polyacrylimides, ethylene oxide, alcohols, petroleum sulfonates, acid sulfates and other synthetic wetting agents are prohibited. See 'Adjuvants', 'Detergents', 'Soaps'; WHEY PROTEIN : (R) PROCESSING: Not permitted as an non-organic ingredient in organic foods. Must be from an organic source to be used as an organic ingredient. May be used in foods labeled as "made with organic ingredients"; WOOD ASH : (R) CROPS: Wood ash must be produced exclusively from untreated and unpainted wood. Wood stove ashes must be free of contaminants from colored paper, plastic, etc. Manure ash is prohibited. Excessive applications of ash can cause pH and nutrient imbalances. See "Ash"; WOOD, TREATED : (R) CROPS: See 'Pressure treated lumber' for references to restricted and prohibited wood treatments. Wood cannot be treated with a prohibited material, but alternative wood treatments are acceptable; WORM CASTINGS : (A) CROPS: Allowed for use as a fertilizer; X-RAYS : (A) PROCESSING: Use of radiation (X-rays) for the inspection of organic food is allowed; XANTHAN GUM : (A) PROCESSING: Allowed as a non-organic ingredient. See 'Microbial products'; YEAST : (R) CROPS: Allowed as a source of fertility. PROCESSING: A natural fungus that produces enzymes used in converting sugar to alcohol and carbon dioxide. Used in organic food processing. Genetically modified yeast is prohibited. Growth on petrochemical substrates and sulfite waste liquor is also prohibited. Smoked Yeast: The handler must document in the Organic Handling Plan that the smoke flavoring used is produced using a non-synthetic process that does not use synthetic processing aids or additives. See 'Microbial products'. LIVESTOCK: Allowed in livestock feed, but may not be genetically modified; ZEOLITE (natural) : (R) A natural hydrated silicate of aluminum and either sodium, calcium or both. Mined sources only. CROPS: May be used as natural moisture absorbent or suspension agent for organic fertilizers. May also be used as a desiccant for organic cotton with prior approval and justification because of the threat of immediate crop loss. PROCESSING: Natural or synthetic sources may be used as a water softener or pH adjuster in processing organic cotton products; ZINC : (R) CROPS: Naturally mined zinc sulfate is allowed. Chelated zinc allowed, but may not be fortified with synthetic sources of nitrogen. ZINC OXIDE : (P) CROPS: Prohibited.

TRD-200000488

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: January 25, 2000


Office of the Attorney General

Texas Water Code, Texas Clean Air Act and the Solid Waste Disposal Act

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Health and Safety Code. Before the State may settle a judicial enforcement action under the Health and Safety Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code.

Harris County, Texas and the State of Texas acting by and through the Texas Natural Resources Conservation Commission, a Necessary and Indispensable Party vs. Tracy C. Brooks and Toddy Wayne Thomas, Individually and d/b/a Triple T Dozer Services, Case Number 1999-39700, in the 280th Judicial District Court of Harris County, Texas.

Nature of Defendant's Operations: Defendant was operating an illegal solid waste facility, more specifically, an illegal landfill was burning in Harris County. Remediation of the solid waste facility violations is the subject of this litigation and proposed settlement.

Proposed Agreed Judgment: The judgment permanently enjoins Defendant from accepting solid waste at his property unless he is permitted by the TNRCC, to remove all waste from the pits on his property and dispose of the waste at a landfill or other disposal facility properly permitted by TNRCC, and to proved copies of receipts demonstrating lawful disposal to Harris County. Defendant shall pay the State of Texas $1,000.00 in attorney fees and $500.00 in civil penalties and court costs.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment and Permanent Injunction should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement should be directed to Lisa Sanders Richardson, Assistant Attorney General, Office of the Texas Attorney General, P. O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

TRD-200000513

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: January 26, 2000


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 Chapter 501. Requests for federal consistency review were received for the following projects(s) during the period of January 13, 2000, through January 20, 2000:

FEDERAL AGENCY ACTIONS:

Applicant: CEMEX USA; Location: The project site is located on the Houston Ship Channel, at 16530 DeZavala Road, at Corps of Engineers Station 495+00 in Channelview, Harris County, Texas. CCC Project No.: 00-0025-F1; Description of Proposed Action: The applicant requests authorization to add the San Jacinto State Park as an alternate site for the placement of dredged material. Dredged material being placed in the park is being used to create new marsh as part of a beneficial use program. Type of Application: U.S.A.C.E. permit application #16000(06) under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. 403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

FEDERAL AGENCY ACTIVITIES:

Applicant: Corps of Engineers - Matagorda Ship Channel; CCC Project No.: 00-00222-F2; Description of Proposed Activity: The applicant proposes to maintenance dredge the Matagorda Ship Channel. Three options for beneficial use of the dredged material currently being excavated from the channel have been identified, but none appears to be economically or environmentally viable. All placement areas were identified and used as described in an Environmental Impact Statement or Environmental Assessment issued prior to the acceptance of the CMP. The applicant has identified coastal natural resource areas (CNRAs) in the project area and determined the project activities will not adversely impact these CNRAs.

Applicant: Corps of Engineers - Channel to Port Lavaca, Lynn Bayou Turning Basin, and channel to Harbor of Refuge; CCC Project No.: 00-0023-F2; Description of Proposed Activity: The applicant proposes to maintenance dredge the channel to Port Lavaca, Lynn Bayou Turning Basin, and channel to Harbor of Refuge. Only one option for beneficial use of the dredged material currently being excavated from the channel has been identified, and it appears to be neither economically nor environmentally viable. All placement areas were identified and used as described in an Environmental Impact Statement or Environmental Assessment issued prior to the acceptance of the CMP. The applicant has identified coastal natural resource areas (CNRAs) in the project area and determined the project activities will not adversely impact these CNRAs.

Applicant: Corps of Engineers - Channel to Port Mansfield; CCC Project No.: 00-0024-F2; Description of Proposed Activity: The applicant proposes to maintenance dredge the Channel to Port Mansfield. Only one option for beneficial use of the dredged material currently being excavated from the channel has been identified, and it appears to be neither economically nor environmentally viable. All placement areas were identified and used as described in an Environmental Impact Statement or Environmental Assessment issued prior to the acceptance of the CMP. The applicant has identified coastal natural resource areas (CNRAs) in the project area and determined the project activities will not adversely impact these CNRAs.

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review. Further information for the applications listed above may be obtained from Ms. Janet Fatheree, Council Secretary, Coastal Coordination Council, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495, or janet.fatheree@glo.state.tx.us. Persons are encouraged to submit written comments as soon as possible within 30 days of publication of this notice. Comments should be sent to Ms. Fatheree at the above address or by fax at 512/475-0680.

TRD-200000492

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: January 26, 2000


Comptroller of Public Accounts

Notice of Request for Proposals

Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of its Request for Proposals (RFP) from qualified, independent firms to provide consulting services to the Comptroller. The successful respondent will assist the Comptroller in reviewing and compiling information for entry into a comprehensive database of best practices from Comptroller's Texas School Performance Review (TSPR) reports on specific Independent School Districts in the State. The services sought under this RFP will involve work on from one to six projects. One consultant may propose to perform one or more of the projects. The successful respondents will be expected to begin work on or about March 6, 2000. Work must be completed no later than April 15, 2000.

Contact: Parties interested in submitting a proposal should contact Clay Harris, Legal Counsel, Comptroller of Public Accounts, 111 E. 17th St., Room G-24, Austin, Texas, 78744, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on Friday, February 4, 2000, between 2 p.m. and 5 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller also plans to make the complete RFP available electronically on the Texas Marketplace after Friday, February 4, 2000, 2 p.m. (CZT). All written inquiries must be received at the above-referenced address prior to 2 p.m. (CZT) on Tuesday, February 15, 2000. All responses to questions and other information pertaining to this procurement will be posted on the Texas Marketplace: (www.marketplace.state.tx.us). Questions received after the February 15, 2000 deadline will not be considered. Prospective respondents are encouraged to fax Questions to (512) 475-0973 to ensure timely receipt.

Closing Date: Proposals must be received in Legal Counsel's Office at the address specified above no later than 2 p.m. (CZT), on Friday, February 25, 2000. Proposals received after this time and date will not be considered.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. The Comptroller reserves the right, in its sole discretion, to award one or more contracts under this RFP; the Comptroller will make the final decision .

The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller shall pay for no costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - February 4, 2000, 2 p.m. CZT; Questions Due - February 15, 2000, 2 p.m. CZT; Proposals Due - February 25, 2000, 2 p.m. CZT; Contract Execution - March 4, 2000, or as soon thereafter as practical; Commencement of work - March 6, 2000; Completion of work - April 15, 2000.

TRD-200000503

Pamela Ponder

Senior Legal Counsel

Comptroller of Public Accounts

Filed: January 26, 2000


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 01/31/00 - 02/06/00 is 18% for Consumer 1 /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the period of 01/31/00 - 02/06/00 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

2 Credit for business, commercial, investment or other similar purpose.

TRD-200000457

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: January 25, 2000


Texas Department of Criminal Justice

Notice of Award

The Texas Department of Criminal Justice hereby gives notice of a Contract Award for the Michael Unit Roof Replacement at Tennessee Colony, Texas, Solicitation Number - 696-FD-0-B021.

The Contract was awarded to Progressive Exteriors, Inc., 7413 Breen Road, Houston, Texas, (281) 820-3733, (281) 820-4449 (fax) on January 11, 2000, Contract Number - 696-FD-0-0C0192, for a dollar amount of $236,350.

TRD-200000432

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: January 24, 2000


Notice to Bidders

The Texas Department of Criminal Justice is accepting proposals to provide environmental services consisting of handling, storing, transporting, treating, and/or recycling hazardous waste at various prison units throughout the state. Multiple awards may be issued.

Offerors will be evaluated based on industry experience, state and federal environmental compliance history, approach/methodology and subcontracting plan (Historically Underutilized Business participation).

The Request for Proposal can be downloaded at http://www.texas-one.org or electronically to iris.young@tdcj.state.tx.us. It can also be requested by fax or by mail to: Iris Young, Texas Department of Criminal Justice, P. O. Box 4014, Contracts, Huntsville, Texas 77340, (409) 294-6986 (fax).

Proposal shall be submitted by March 2, 2000, at 3 p.m.

TRD-200000431

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: January 24, 2000


Texas Education Agency

Notice of Demonstrations of Full Text, Online Periodical Information for the Texas Library Connection

The Texas Education Agency (TEA) has invited online, full text periodical vendors to present identified products appropriate for prekindergarten-12 Texas schools through the Texas Library Connection (TLC). The Educational Technology Division of TEA has convened a focus group of school librarians to view these demonstrations for the purpose of selecting prekindergarten-12 resources for the TLC. Vendors selected for presentations have a current customer base using the identified online products and can provide identification numbers and passwords for those products that meet the following criteria:

1. Full text periodical and newspaper databases: provide a minimum of 800 full text magazine and journal titles; provide a minimum of 25 local, state, national and international full text newspaper titles; are appropriate for prekindergarten-3, 5-8, or 9-12 grade levels; contain at least three years of back issues; and provide a minimum of 150 professional journals for prekindergarten-12 educators.

2. reference resources prioritized by prekindergarten-12 librarians including, but not limited to, encyclopedias, almanacs, dictionaries, histories, literary analysis, and atlases.

3. statistics packages meet International Coalition of Library Consortia (ICOLC) Guidelines for Statistical Measures of Usage of Web-based Indexed, Abstracted, and Full Text Resource , (November 1998).

4. provide face-to-face training at each of the 20 Texas Education Service Centers and through distance learning over both the Internet and video distance learning systems.

Demonstrations will take place on February 17 and 18, 2000, at the TEA.

Individuals may contact Anita Givens at (512) 463-9400 or at agivens@tea.tetn.net by Friday, February 11, 2000, for additional information.

TRD-200000499

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: January 26, 2000


Employees Retirement System of Texas

Request for Proposal

In accordance with Section 4 of Article 3.50-2, Texas Insurance Code, as amended, the Employees Retirement System of Texas (ERS) is issuing a Request for Proposal (RFP) seeking firms to respond with proposals to provide claims administrative services for a flexible benefits program under the Texas Employees Uniform Group Insurance Program (UGIP) from September 1, 2000 through August 31, 2003.

Firms wishing to respond to this RFP must have demonstrated prior work experience in flexible benefits claim administration. In addition, firms should have a working knowledge of the State of Texas policies and procedures and applicable Federal and state laws and regulations which affect the delivery of a flexible benefits program.

To be eligible for consideration, four (4) copies of the completed proposal and a fully executed contract without revision must be submitted to the ERS by 5:00 p.m., Central Standard Time, on March 8, 2000.

The ERS reserves the right to reject all of the proposals. The ERS is under no legal requirement to execute a contract on the basis of this advertisement. All proposers are hereby notified that ERS' execution of a contract pursuant to this RFP is dependent upon approval by the ERS Board of Trustees. The Board is not required to select the lowest priced proposal, but will base its evaluation and selection of a flexible benefits claims administrator on factors including, but not limited to the following, which are not necessarily listed in order of priority: compliance with the RFP, operating requirements, cost impact on the UGIP, administrative capabilities, and prior experience with flexible benefits claims administration.

This RFP does not commit the ERS to pay any costs incurred prior to ERS' execution of a contract, and ERS will not pay such costs or expenses. Issuance of this material in no way obligates the ERS to award a contract or to pay any costs incurred in the preparation of a response to the RFP. The ERS specifically reserves the right to vary all provisions set forth at any time prior to ERS' execution of a contract where the ERS deems it to be in the best interest of the ERS and the UGIP.

The RFP will be available February 8, 2000 from the ERS' Web site. To access the RFP from the Web site, interested firms must either fax their request on their company letterhead to the attention of Kim Johnson at (512) 867-7380, or send their request via email to kjohnson@ers.state.tx.us to receive their access code. An email request must include the name of the firm, street address, phone number, fax number, and email address (if applicable).

TRD-200000495

Sheila W. Beckett

Executive Director

Employees Retirement System of Texas

Filed: January 26, 2000


Texas Department of Health

Licensing Action for Radioactive Materials

The Texas Department of Health has taken actions regarding licenses for the possession and use of radioactive materials as listed in the table below. The subheading labeled "Location" indicates the city in which the radioactive material may be possessed and/or used. The location listing "Throughout Texas" indicates that the radioactive material may be used on a temporary basis at job sites throughout the state.

[graphic]

[graphic]

In issuing new licenses and amending and renewing existing licenses, the Texas Department of Health, Bureau of Radiation Control, has determined that the applicants are qualified by reason of training and experience to use the material in question for the purposes requested in accordance with 25 TAC, Chapter 289 in such a manner as to minimize danger to public health and safety or property and the environment; the applicants' proposed equipment, facilities, and procedures are adequate to minimize danger to public health and safety or property and the environment; the issuance of the license(s) will not be inimical to the health and safety of the public or the environment; and the applicants satisfy any applicable special requirements in 25 TAC, Chapter 289.

This notice affords the opportunity for a hearing on written request of a licensee, applicant, or "person affected" within 30 days of the date of publication of this notice. A "person affected" is defined as a person who is resident of a county, or a county adjacent to the county, in which the radioactive materials are or will be located, including any person who is doing business or who has a legal interest in land in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage due to emissions of radiation. A licensee, applicant, or "person affected" may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189.

Any request for a hearing must contain the name and address of the person who considers himself affected by Agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated.

Copies of these documents and supporting materials are available for inspection and copying at the office of the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, from 8:00 a.m. to 5:00 p.m. Monday-Friday (except holidays).

TRD-200000494

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 26, 2000


Notice of Termination of the Uranium Byproduct Material License of Westinghouse Electric Corporation

The Texas Department of Health (department) gives notice that it has terminated, at the licensee's request, uranium byproduct material license L02537 issued to Westinghouse Electric Corporation, for its Bruni Site located in Webb County about eight miles north of Bruni, Texas, and about two miles west of FM 2050, (mailing address: Monroeville Energy Center, P.O. Box 355, Pittsburgh, Pennsylvania, 15230).

The department's Bureau of Radiation Control, Division of Licensing, Registration, and Standards has determined, pursuant to 25 Texas Administrative Code (TAC), Chapter 289, that the licensee has met the standards appropriate for this termination.

This notice affords the opportunity for a public hearing upon written request by a person affected by the termination of this license. A written hearing request must be received, from a person affected, within 30 days from the date of publication of this notice in the Texas Register . A person affected is defined as a person who is a resident of the county, or a county adjacent to the county, in which the radioactive materials were located, including any person who is doing business or who has a legal interest in the county or adjacent county, and any local government in the county; and who can demonstrate that he has suffered or will suffer actual injury or economic damage.

A person affected may request a hearing by writing Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756- 3189. Any request for a hearing must contain the name and address of the person who considers himself affected by agency action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is to be represented by an attorney, the name and address of the attorney also must be stated. Should no request for a public hearing be timely filed, the license will remain terminated.

Copies of all relevant material are available for public inspection and copying at the Bureau of Radiation Control, Texas Department of Health, 8407 Wall Street, Austin, Texas. Information relative to the termination of this specific radioactive material license may be obtained by contacting Chrissie Toungate, Custodian of Records, Bureau of Radiation Control, Texas Department of Health, by mail at 1100 West 49th Street, Austin, Texas 78756-3189; by calling (512) 834-6688; by e-mailing Chrissie.Toungate@tdh.state.tx.us; or by visiting 8407 Wall Street, Austin, Texas.

TRD-200000493

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 26, 2000


Texas Health and Human Services Commission

Notice of Proposed Medicaid Provider Payment Rates

Proposal. As single state agency for the state Medicaid program, the Health and Human Services Commission proposes new payment rates for the nursing facilities program operated by the Texas Department of Human Services. Payment rates are proposed to be effective January 1, 2000, as follows:

[Figure]

Supplemental Payments:

Ventilator - Continuous: $73.08

Ventilator - Less than Continuous: $29.23

Pediatric Tracheostomy: $43.85

Methodology and justification. The proposed rates were determined in accordance with the rate setting methodology codified at 1 Texas Administrative Code Chapter 355, subchapter C (relating to Reimbursement Methodology for Nursing Facilities), §355.307 and subsequently adjusted in accordance with 1 Texas Administrative Code Chapter 355, subchapter A (relating to Cost Determination Process), §355.101 and §355.109.

TRD-200000509

Steve Aragón

Agency Liaison

Texas Health and Human Services Commission

Filed: January 26, 2000


Texas Department of Housing and Community Affairs

type-name="italic">2000 State of Texas Low Income Housing Plan and Annual Report--Draft for Public Comment

The Texas Department of Housing and Community Affairs (TDHCA) announces a correction to the public hearing schedule for the 2000 State of Texas Low Income Housing Plan and Annual Report - Draft for Public Comment for Harlingen and San Antonio. The correct dates, times, and locations are listed below:

HARLINGEN: February 7, 2000, 1:30 p.m., Harlingen Public Library, 410 76th Drive, (956) 430-6650;

SAN ANTONIO: February 15, 2000, 7:00 p.m., City Council Chambers, 114 W. Commerce, Main Plaza; (210) 207-7080.

The 2000 State of Texas Low Income Housing Plan and Annual Report - Draft for Public Comment can be ordered by contacting the Texas Department of Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin TX, 78711-3941, Phone: (512) 475-4595, Fax: (512) 475-3746, or email at clandry@tdhca.state.tx.us.

Both the public hearing schedule and the 2000 State of Texas Low Income Housing Plan and Annual Report - Draft for Public Comment are available on TDHCA's website at www.tdhca.state.tx.us.

Individuals who require auxiliary aids or services should contact Gina Esteves, ADA Responsible Employee, at least two days before the scheduled hearing, at (512) 475-3943, or Relay Texas at 1-800-735-2989, so that appropriate arrangements can be made.

Written comment is encouraged and should be sent to the Texas Department of Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin TX 78711-3941 or posted on the World Wide Web at www.tdhca.state.tx.us/HRCslihp2000.htm. For more information, please contact the Housing Resource Center at (512) 475-3976.

TRD-200000504

Daisy Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 26, 2000


Texas Department of Insurance

Insurer Services

The following applications have been filed with the Texas Department of Insurance and are under consideration:

Application to change the name of FEDERATED RURAL ELECTRIC INSURANCE CORPORATION to FEDERATED RURAL ELECTRIC INSURANCE EXCHANGE, a foreign reciprocal company. The home office is in Lenexa, Kansas.

Application to change the name of CERTUS HEALTHCARE, L.L.C. to WELLCARE HEALTH PLANS OF TEXAS, L.L.C., a domestic health maintenance organization. The home office is in McAllen, Texas.

Application to change the name of GAN NATIONAL INSURANCE COMPANY to RAMPART INSURANCE COMPANY, a foreign fire and casualty company. The home office is in New York, New York.

Application for admission to the State of Texas by AMERICAN RESERVE LIFE INSURANCE COMPANY, a foreign life company. The home office is in Tulsa, Oklahoma.

Application for admission to the State of Texas by WESTCOR LAND TITLE INSURANCE COMPANY, a foreign title company. The home office is in Roseville, California.

Any objections must be filed with the Texas Department of Insurance, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-200000501

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: January 26, 2000


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Century-National Insurance Company proposing to use rates that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance pursuant to TEX. INS. CODE ANN. art 5.101, 3(g). They are proposing for all territories under Venders Single Interest Coverage a rate of +481.3% above the benchmark for Annual Discount and Term Discount classes; a rate of +514.6% above the benchmark for Annual Simple and Term Simple classes; and various percentages ranging from -9.8% below the benchmark to +9.7% above the benchmark for all other classes.

Copies of the filing may be obtained by contacting Gifford Ensey, at the Texas Department of Insurance, Legal and Compliance, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 475-1761.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101, 3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-200000448

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: January 24, 2000


Third Party Administrator Applications

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

Application for admission to Texas of Bass Administrators, Inc., a foreign third party administrator. The home office is Lafayette, Louisiana.

Application for incorporation in Texas of JNT Group, Inc., (doing business under the assumed name of JEM Resource Partners), a domestic third party administrator. The home office is Webster, Texas.

Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.

TRD-200000490

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: January 25, 2000


Texas Natural Resource Conservation Commission

Notice of Application for Municipal Solid Waste Management Facility

For the Period of January 26, 2000.

APPLICATION. THE CITY OF DUMAS, P.O. Box 438, Dumas, Texas, 79029, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a permit amendment which will authorize vertical expansion to an existing Type I and Type IV municipal solid waste management facility. The amendment will increase the maximum fill height of the completed landfill from the currently permitted height of approximately 3,615 feet above mean sea level (msl) to 3,680 feet above msl. The site will receive an estimated average 43 tons of waste per day. The total disposal capacity of the landfill is approximately 310,000 in-place cubic yards. The permittee is 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. The operating hours for receipt of waste at this municipal solid waste facility shall be any time between the hours of 7:00 a.m. to 7:00 p.m., Monday through Sunday. The waste management facility is located on a 160 acre site approximately 3/4 mile southeast of the City of Dumas about 1/2 mile southeast of the intersection of U.S. Highway 87/287 and Nineteenth Street in Moore County, Texas (latitude 35°50'36" north, longitude 101°57'45" west).

PUBLIC COMMENT/PUBLIC MEETING. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address included in the information section below within 30 days after newspaper publication of this notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held when there is a significant degree of public interest in the application.

CONTESTED CASE HEARING. The TNRCC may approve the application unless a written hearing request is filed within 30 days after newspaper publication of this notice. To request a hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the applicant's name and the permit number; (3) the statement "I/we request a contested case hearing;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) location and distance of your property relative to the proposed facility. You may also submit your proposed adjustments to the application/permit which would satisfy your concerns. Requests for hearing on this application must be submitted in writing during the 30-day notice period to the Office of the Chief Clerk at the address included in the information section below. If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

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

TRD-200000498

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 26, 2000


Notice of Availability of the Implementation of the Texas Natural Resource Conservation Commission Standards via Permitting

Notice is hereby given that the Texas Natural Resource Conservation Commission (TNRCC or commission) has available a draft version of the " Implementation of the Texas Natural Resource Conservation Commission Standards via Permitting " which has been retitled " Procedures to Implement the Texas Surface Water Quality Standards in TPDES Discharge Permits (IP) ." The title change more appropriately reflects the use of the document than the previous title.

The commission will take written and oral comments on proposed changes to the IPs during the public hearing on March 21, 2000, for the Texas Surface Water Quality Standards, 30 TAC Chapter 307. Revisions to the IPs are carried out in accordance with Series 23 of the TNRCC's Continuing Planning Process (CPP) and the revisions are incorporated into the CPP following commission adoption and EPA approval of the changes. The IPs provide guidance and explanation of the general and technical procedures used in implementing the standards in wastewater discharge permits. The proposed document reflects editorial and substantive changes necessitated by changes to Chapter 307. Information has been added on endangered and threatened species, temporary standards and variances, dissolved oxygen modeling, antidegradation, Total Maximum Daily Loads, total dissolved solids, and storm water permits. Other sections have been updated.

Written comments on the proposed IPs should refer to the title of the document and may be submitted to Faith Hambleton, MC-150, TNRCC, Water Quality Assessment Section, P.O. Box 13087, Austin, Texas, 78711-3087, (512) 239-4600. Comments may be faxed to (512) 239-4420, but written comments must follow. Written comments must be received by 5:00 p.m. on March 31, 2000 . For further information concerning this proposal, please contact Faith Hambleton.

The official notice of the hearing appeared in the February 4, 2000 issue of the Texas Register . Complete copies of the proposed amendments to the IPs will be available for mailing by February 11, 2000 . Copies will be available for viewing in the Regional offices and the TNRCC library in Austin, Texas. Requests for copies of the proposed amendments to the IPs should be sent to Barbara Moser, MC-150, TNRCC, Water Quality Assessment Section, P.O. Box 13087, Austin, Texas, 78711-3087, (512) 239-4457.

TRD-200000496

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 26, 2000


Notice of Draft Permits and Production Area Authorization

Below is the Notice of Application issued during the period of January 21, 2000.

Mesteña Uranium, LLC (Mesteña), 500 North Shoreline Boulevard, Suite 700, Corpus Christi, Texas, 78471, has filed applications with the Texas Natural Resource Conservation Commission (TNRCC) for the following: UR03060-001, an Underground Injection Control (UIC) mining permit for in situ uranium mining (solution mining); WDW-365 and WDW-366, two UIC waste disposal well permits to dispose of nonhazardous wastewater generated at the mine; and URO3060-011, a production area authorization (PAA) to mine within PAA1. The Executive Director declared the permit applications and the PAA application administratively completion July 14, 1999. Draft permits and a draft PAA have been prepared. The proposed uranium mining operation, called the Alta Mesa Project, is in Brooks County, approximately 23 miles south-southwest of Falfurrias, and approximately 13 miles west of the intersection of U.S. Highway 281 and Ranch to Market Road 755 in the Rafael G. Salinas Survey, A-480. Class III In Situ Mining Permit. The purposes of the mining permit are to describe the rules and procedures under which the permittee will conduct and conclude mining operations, and to outline the area owned or under a lease by the permittee, which may include buffer areas, mine areas, and production areas. Class I Waste Disposal Permits. In conjunction with the mining permit, Mesteña is also proposing to operate two injection wells to dispose of waste from the in situ uranium mining operation. The non-hazardous wastewater for disposal will include lixiviant bleed stream (excess solution from mining), lab and production waste stream, reverse osmosis brine stream, and aquifer restoration wastewater. The proposed injection zone lies in the Frio Formation from approximate depths of 4,000 to 5,400 feet below ground level. Production Area Authorization. Mesteña is proposing to conduct mining in four production areas within the permitted area. Mesteña must receive PAAs in order to mine in any of these proposed production areas. Accordingly, Mesteña has submitted an application for its first PAA that, if approved, will allow Mesteña to begin mining in the southern portion of the permitted area. The uranium production zone is the Middle Goliad Formation approximately 300 to 600 feet below the ground level. The Executive Director will consider public comments in making a final decision on the applications for the mining permit, the two waste disposal well permits, and the production area authorization.

You may submit written comments to the Office of the Chief Clerk, TNRCC, P.O. Box 13087, Mail Code MC-105, Austin, Texas, 78711-3087. Comments must be received no later than 30 days from the date this notice is mailed. Written comments must include the following: (1) your name (or for a group or association, the name of an official representative), mailing address, daytime phone number, and fax number, if any; and (2) the name of the applicant and the specific permit number(s)/PAA number.

The Executive Director may also call and conduct public meetings in response to public comment. A public meeting is intended for the taking of public comment and is not a contested case hearing. The Executive Director shall hold a public meeting when there is a significant degree of public interest in the application. You may request a public meeting no later than 30 days from the date this notice is mailed by contacting the TNRCC Office of the Chief Clerk at the address listed above.

The Executive Director may issue final approval of the mining permit and the two injection well permits unless a contested case hearing request is filed with the Office of the Chief Clerk, TNRCC, at the address listed above. To request a contested case hearing, you must submit the following in writing, no later than 30 days from the date this notice is mailed: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the applicant's name and the permit number(s); (3) the statement "I/we request a contested case hearing"; (4) a brief but specific description of how you would be adversely affected by the granting of the application(s) in a way not common to the general public; and (5) your location and distance relative to the activity that is the subject of the draft permit(s).

Individual members of the public may contact the Office of Public Assistance, TNRCC, Mail Code MC-105, P.O. Box 13087, Austin, Texas, 78711-3087, or call Toll Free at 1-800-687-4040 to: (a) review or obtain copies of any available documents pertaining to these applications (such as draft permit, draft PAA, technical and executive summary, and the application), (b) inquire about the information contained in this notice, or (c) inquire about other agency permit applications or permitting processes.

TRD-200000497

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 26, 2000


Public Notice

The Texas Natural Resource Conservation Commission (TNRCC or Commission) is required under the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361, as amended (the "Act"), to annually publish a state registry that identifies facilities that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The most recent registry listing of these facilities was published in the November 26, 1999 issue of the Texas Register (24 TexReg 10608-10610).

Pursuant to the Act, §361.184(a), the Commission must publish a notice of intent to list a facility on the state registry of state Superfund sites in the Texas Register and in a newspaper of general circulation in the county in which the facility is located. With this publication, the TNRCC hereby gives notice of a facility or area that the executive director has determined eligible for listing, and which the executive director proposes to list on the state registry. By this publication, the TNRCC also gives notice pursuant to the Act, §361.1855, that it proposes a land use other than residential as appropriate for the facility identified below. The TNRCC proposes a commercial/industrial land use designation. Determination of future land use will impact the remedial investigation and remedial action for the site.

This publication also specifies the general nature of the potential endangerment to public health and safety or the environment as determined by information currently available to the executive director. This notice of intent to list this facility was also published in the El Paso Times on February 4, 2000.

The facility proposed for listing is the El Paso Plating Works (EPPW) facility, located at 2422 Wyoming Avenue, 1.9 miles northeast of downtown El Paso, El Paso County, Texas. The approximate geographic coordinates of the site are 31 degrees, 48 minutes, 57 seconds, North Latitude and 106 degrees, 24 minutes, 10 seconds, West Longitude.

EPPW facility or site occupies approximately 0.25 acres at 2422 Wyoming Avenue. Available records indicate that the current property owner is William N. Greuling and he is also the registered agent for EPPW. EPPW began plating operations at the site in 1952. From 1952 through 1984, activities consisted of chrome plating automobile bumpers. From 1954 through 1964, silver plating occurred on-site for antique restoration. Beginning in the late 1980s, industrial and commercial work involving tin and nickel plating accounted for most of the operations.

On July 10, 1996, TNRCC personnel conducted a preliminary assessment of the EPPW facility and documented hazardous conditions in the abandoned building. On July 25, 1996, the TNRCC requested the United States Environmental Protection Agency (EPA), Emergency Response Branch perform an assessment of the site. On October 1, 1996, the EPA began a removal action at the EPPW site. The EPA removed sludges, oxidizer liquids, cyanide liquids, acetic acids, and other hazardous substances. The EPA completed their removal on March 3, 1997.

Releases of hazardous substances to the soil and potential releases to groundwater are of major concern for this site. Hazardous substances have been documented in soils at the site and in the residential soils adjacent to the site. However, data is inadequate at this time to establish whether there is or has been a release to the Hueco Bolson aquifer system.

A public meeting will be held on Thursday, March 9, 2000, at 7:00 p.m., in the Houston Intermediate School cafeteria, 2851 Grant Avenue, El Paso, Texas. The purpose of this meeting is to obtain additional information regarding the site relative to its eligibility for listing on the state registry, identify potentially responsible parties, and obtain public input and information regarding the appropriate use of land on which the facility subject of this notice is located. The public meeting will be legislative in nature and not a contested case hearing under the Texas Administrative Procedure Act (Texas Government Code, Chapter 2001).

Written comments may also be submitted to the attention of Michael A. Bame, Superfund Cleanup Section, Remediation Division, MC-143, P.O. Box 13087, Austin, Texas 78711-3087, telephone number (512) 239-5658. All comments must be submitted to the Commission on March 9, 2000.

The executive director of the TNRCC prepared a brief summary of the Commission's records regarding this site. This summary and a portion of the records for this site, including documents pertinent to the executive director's determination of eligibility, are available for review at the El Paso Public Library, 501 North Oregon in El Paso, Texas, telephone number (915) 543-5433, during regular business hours. Copies of the complete public record file may be obtained during regular business hours at the TNRCC Records Management Center, Building D, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, telephone numbers (800) 633-9363 (within Texas only) or (512) 239-2920. Photocopying of file information is subject to payment of a fee.

TRD-200000450

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 24, 2000


Texas Department of Protective and Regulatory Services

Request for Proposal

Announcement: The Texas Department of Protective and Regulatory Services (PRS) Division of Prevention and Early Intervention (known as Community Initiatives for Program Development prior to 9-1-99) announces a Request for Proposals (RFP) for contracts to provide training and technical assistance services to Community Youth Development (CYD) programs located in fifteen zip code areas within Texas. The RFP will be released on or about February 7, 2000.

Brief Description of Services: The Community Youth Development (CYD) Program was established with funds authorized by the 74th Legislature for the purpose of reducing juvenile crime in areas of Texas with the highest incidence of youth crime. These zip code-based programs provide prevention based services focused on tutoring and/or educational services, mentoring, recreation, after-school activities, family counseling, and other appropriate services as determined at the local level. The CYD Program is strongly community-based, with decision making and funds allocation managed at the local level. It is an unusually flexible and potentially powerful tool for communities to use in their efforts to support positive options for youth.

The intent of this procurement is to purchase training and technical assistance services that will provide support to the state's PRS funded CYD programs, with the ultimate goal of maximizing services to eligible clients. The services being sought by this RFP encompass the following: technical assistance to the state's CYD Fiscal Agents, Project Coordinators, Steering Committees, and subcontractors/service providers, including the development of resource materials; a comprehensive educational/training program tailored to each of the above three entities, or combination of entities, as appropriate, on a variety of topics; assistance to sites to implement more effective programming, based on community assets and needs; data system connectivity, or assistance to CYD sites in becoming connected to a statewide PRS data system; and development of a plan for entry into the statewide data system (based on strengths/needs of the individual sites) and data collection, with only limited assistance from PRS.

Eligible Applicants: Eligible offerors include private non profit and for profit corporations, cities, counties, state agencies/entities, partnerships and individuals. Charitable community or religious organizations, as well as Historically Underutilized Businesses, are encouraged to submit proposals. Current Community Youth Development fiscal agents and service providers are not eligible to apply for this contract or serve as subcontractors.

Limitations: Funding of the selected proposal will be dependent upon available federal and/or state appropriations. PRS reserves the right to reject any and all offers received in response to this RFP and to cancel this RFP if it is deemed in the best interest of PRS.

Deadline for Proposals, Term of Contract, and Amount of Award: Proposals will be due March 9, 2000, at 2:00 p.m. The effective dates of the contract awarded under this RFP will be April 1, 2000, through August 31, 2000, with a maximum amount of $105,000 being available during this five month fiscal period. If the contract is renewed for the following fiscal year, a maximum amount of $250,000 will be available. One contract will be awarded under this RFP.

Contact Person: Potential offerors may obtain a copy of the RFP on or about February 7, 2000. It is preferred that requests for the RFP be submitted in writing (by mail or fax) to: Carolyn Francis, Mail Code E-541 ; c/o Kim Wedel; Texas Department of Protective and Regulatory Services; P.O. Box 149030; Austin, Texas 78714-9030; Fax: 512-438-2031.

TRD-200000506

C. Ed Davis

Deputy Commissioner for Legal Services

Texas Department of Protective and Regulatory Services

Filed: January 26, 2000


Public Utility Commission of Texas

Correction to Notice of Application for Approval of a Business Separation

Notice is given to the public of a correction to the notice of the filing with the Public Utility Commission of Texas (commission) of an application for approval of a business separation plan by an electric utility. A summary of the correction to the notice of the application follows.

Docket Title and Number: Docket Number 21957, Application of Entergy Gulf States, Inc. for Approval of Business Separation Plan ; and Docket Number 21984, Competitive Energy Services Issues Severed from Application of Entergy Gulf States, Inc. for Approval of Business Separation Plan, Docket Number 21957 .

The original notice incorrectly reported that, in its application, Entergy Gulf States, Inc. petitions the commission for approval of its business separation plan filed pursuant to PURA §39.051(e), identifying competitive energy services, and petitioning to provide certain competitive energy service(s). Entergy Gulf States, Inc.'s application did not include a petition or petitions to provide competitive energy service(s). Notice is corrected to reflect that Entergy Gulf States, Inc. petitions the commission for approval of its business separation plan filed pursuant to PURA §39.051(e), and identifying competitive energy services, which the applicant will cease to offer on or before September 1, 2000.

Persons who wish to comment upon or who wish to intervene or otherwise participate in the action sought should contact the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than February 11, 2000. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200000464

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 25, 2000


Joint Notice of Public Workshop on the Report to the Legislature on the Availability of Advanced Services in Rural and High Cost Areas; the Report to the Legislature on the Scope of Competition in Telecommunications Markets of Texas; and the Report to the 77th Legislature on Intrastate Switched-Access Rates

The staff of the Public Utility Commission of Texas will hold a workshop regarding the referenced reports, on Tuesday, February 29, 2000, at 9:30 a.m. in the Commissioner's Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 21166, Report to the Legislature on the Availability of Advanced Services in Rural and High Cost Areas, Project Number 21167, Report to the Legislature on the Scope of Competition in Telecommunications Markets of Texas, and Project Number 21168, Report To The 77th Legislature On Intrastate Switched-Access Rates have been established for these proceedings. At the workshop commission staff will review and seek comment on the proposed device to be used for data collection and the scope of information to be gathered to enable the commission to prepare these reports for the legislature. Staff will also review and seek comment on draft outlines and timelines for each of the reports.

Five days prior to the workshop the commission will make available in Central Records under Project Numbers 21166, 21167, and 21168 an agenda for the format of the workshop as well as draft materials for parties review. This information will also be posted to the commission's web site at http://www.puc.state.tx.us under the noted project numbers. Questions concerning the workshop or this notice should be referred to Tammy Cooper, Office of Policy Development, (512) 936-7232. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200000398

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 21, 2000


Notices of Applications for Amendments to Service Provider Certificates of Operating Authority

On January 18, 2000, Wholesale Network, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60084. Applicant intends to expand its geographic area to include those areas in Texas currently served by GTE Southwest, Inc.

The Application: Application of Wholesale Network, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 21841.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission at P.O. Box 13326, Austin, Texas, 78711-3326 no later than February 9, 2000. You may contact 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. All correspondence should refer to Docket Number 21841.

TRD-200000386

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 20, 2000


On January 18, 2000, DPI-Teleconnect, L.L.C. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60215. Applicant intends to reflect a change in ownership/control/majority interest held by Rent-Way, Inc., a non-certificated entity.

The Application: Application of DPI-Teleconnect, L.L.C. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 21999.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas, 78711-3326 no later than February 9, 2000. You may contact 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. All correspondence should refer to Docket Number 21999.

TRD-200000385

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 20, 2000


On January 18, 2000, Shell Offshore Services Company filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60191. Applicant intends to reflect the transfer of ownership/control to Stratos Global, a non-certificated entity.

The Application: Application of Shell Offshore Services Company for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 22001.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas, 78711-3326 no later than February 9, 2000. You may contact 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. All correspondence should refer to Docket Number 22001.

TRD-200000384

Rhonda Dempsey

Rule Coordinator

Public Utility Commission of Texas

Filed: January 20, 2000


On January 20, 2000, Ruth Riza doing business as ComTel Services filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60093. Applicant intends to (1) reflect a transfer of the SPCOA to its corporation, Excalibur, Inc., a non-certificated entity; (2) change its service area to include the entire state of Texas; and (3) remove the resale-only restriction.

The Application: Application of Ruth Riza, doing business as ComTel Services for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 22021.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326 no later than February 9, 2000. You may contact 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. All correspondence should refer to Docket Number 22021.

TRD-200000459

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 25, 2000


Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application for sale, transfer, or merger on January 18, 2000, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.101 (Vernon 1998).

Docket Style and Number: Application for Sale, Transfer, or Merger of Entergy Gulf States, Inc. Docket Number 22000.

The Application: Entergy Gulf States, Inc. (EGSI) filed with the Public Utility Commission of Texas an application for approval of the lease of certain facilities to Goodyear Tire and Rubber Company. EGSI asserts that it will continue to operate and maintain the leased facilities. EGSI further asserts that all customers will be charged the same rates as they were charged before the transaction.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989.

TRD-200000388

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 20, 2000


Notices of Applications for Service Provider Certificates of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 18, 2000, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151-54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Noble Communications Corporation for a Service Provider Certificate of Operating Authority, Docket Number 22002 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service as well as Call Waiting, Caller ID, Caller ID Waiting, Three-Way Calling, Voice Mail, long distance, and wireless services.

Applicant's requested SPCOA geographic area includes the Dallas, Houston and San Antonio Local Access and Transport Areas currently served by GTE Southwest, Inc., Southwestern Bell Telephone Company, and Sprint (Central Telephone Company of Texas, Inc. and United Telephone Company of Texas, Inc.).

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than February 9, 2000. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200000383

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 20, 2000


Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on January 19, 2000, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151-54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Backbone Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 22008 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, T1-Private Line, Switch 56 KBPS, Frame Relay and long distance services.

Applicant's requested SPCOA geographic area includes the area of Texas comprising the Dallas Local Access and Transport Area.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas, 78711-3326 or call the commission's Office of Customer Protection at (512) 936-7120 no later than February 9, 2000. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200000397

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 20, 2000


Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on January 20, 2000, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of CO Space Services Texas, L.P. for a Service Provider Certificate of Operating Authority, Docket Number 22018 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service Digital Subscriber Line, T1-Private Line, Frame Relay, collocation facilities, cross connections, transport and interconnection services.

Applicant's requested SPCOA geographic area includes the entire state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than February 9, 2000. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200000458

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 25, 2000


Notice of Application Pursuant to Public Utility Commission Substantive Rule §26.208

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on January 21, 2000, pursuant to P.U.C. Substantive Rule §26.208 for approval of a tariff change.

Tariff Title and Number: Application of Southwestern Bell Telephone Company To Modify Its Tariff Regarding Plexar ® Descriptions for Customer Alerting Enablement (CAE) and Message Waiting Indication (MWI), Pursuant to P.U.C. Substantive Rule §26.208. Tariff Number 22035.

The Application: Southwestern Bell Telephone Company (SWBT) seeks to modify the existing definitions to provide both the current audible and new visual indication utilizing the existing rates.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. Please reference Tariff Number 22035.

TRD-200000491

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 26, 2000


Public Notices of Amendments to Interconnection Agreements

On January 19, 2000, Southwestern Bell Telephone Company and @Link Networks, Inc., collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22012. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 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 amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten 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 22012. 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 February 17, 2000, 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 issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. 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 project or who wish to comment on the joint 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 22012.

TRD-200000393

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 20, 2000


On January 19, 2000, Southwestern Bell Telephone Company and Waller Creek Communications, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22013. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 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 amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten 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 22013. 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 February 17, 2000, 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 issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. 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 project or who wish to comment on the joint 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 22013.

TRD-200000392

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 20, 2000


On January 19, 2000, Southwestern Bell Telephone Company and Comm South Companies, Inc., collectively referred to as applicants, filed a joint application for approval of an amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22014. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 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 amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten 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 22014. 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 February 17, 2000, 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 issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. 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 project or who wish to comment on the joint 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 22014.

TRD-200000391

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 20, 2000


On January 21, 2000, Southwestern Bell Telephone Company and Lone Star Communications, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22037. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 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 amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten 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 22037. 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 February 22, 2000, 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 issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. 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 project or who wish to comment on the joint 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 22037.

TRD-200000465

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 25, 2000


On January 21, 2000, Sager Telecom, Inc. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22039. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 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 amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten 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 22039. 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 February 22, 2000, 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 issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. 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 project or who wish to comment on the joint 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 22039.

TRD-200000466

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 25, 2000


On January 24, 2000, Southwestern Bell Telephone Company and Adelphia Business Solutions of Texas, LP, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22043. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 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 amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten 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 22043. 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 February 22, 2000, 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 issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. 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 project or who wish to comment on the joint 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 22043.

TRD-200000468

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 25, 2000


Public Notices of Interconnection Agreements

On January 19, 2000, Sugar Land Telephone Company and Fort Bend Communications, collectively referred to as applicants, filed a joint application for approval of an interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22011. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 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 ten 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 22011. 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 February 17, 2000, 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 issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. 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 project or who wish to comment on the joint 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 22011.

TRD-200000394

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 20, 2000


On January 19, 2000, Valu-Line of Longview, Inc. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22015. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 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 ten 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 22015. 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 February 17, 2000, 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 issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. 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 project or who wish to comment on the joint 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 22015.

TRD-200000396

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 20, 2000


On January 20, 2000, Prism Operations, LLC and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22019. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 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 ten 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 22019. 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 February 18, 2000, 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 issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. 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 project or who wish to comment on the joint 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 22019.

TRD-200000434

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 24, 2000


On January 20, 2000, VoiceStream Wireless and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22020. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 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 ten 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 22020. 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 February 11, 2000, 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 issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. 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 project or who wish to comment on the joint 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 22020.

TRD-200000435

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 24, 2000


On January 21, 2000, Ciera Network Systems, Inc. and GTE Southwest, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998) (PURA). The joint application has been designated Docket Number 22040. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 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 ten 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 22040. 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 February 22, 2000, 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 issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. 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 project or who wish to comment on the joint 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 22040.

TRD-200000467

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 25, 2000


Texas Real Estate Commission

Correction of Error

The Texas Real Estate Commission proposed new 22 TAC §§535.227-535.231, concerning standards of practice for inspectors. The proposed new sections appeared in the December 31, 1999, issue of the Texas Register (24 TexReg 11871).

Due to an error of omission in the agency's submitted document, §535.229 was published without a subsection concerning "Evaporative coolers". The omitted subsection should have been published as subsection (r). Subsection (r) as published should have been submitted as subsection (s). Subsection (s) should have been submitted as subsection (t). Subsection (t) should have been submitted as (u). Subsection (u) should have been submitted as subsection (v). Subsection (v) should have been submitted as (w). Subsection (w) should have been submitted as (x). Subsection (x) should have been submitted as (y).

The omitted subsection (r) should read as follows.

(r) Evaporative coolers. The inspector shall do the following:

(1) operate the motor and identify as one or two speed;

(2) observe the electrical pigtail connection at the motor;

(3) inspect the power source in the unit;

(4) inspect the function of the pump and the condition of spider tubes, tube clips and bleeder system;

(5) observe the water supply line and the condition of the float bracket;

(6) inspect to determine that there is a minimum of a one-inch air gap between water discharge at float and water level;

(7) inspect the fan (blower) and squirrel cage for condition and rust build-up or deterioration or corrosion;

(8) observe the condition of the fan belt and pulleys;

(9) observe on the condition of the housing side panels, the water trays, the exterior housing and the roof frame;

(10) observe and report on the condition of the roof jack or other mounting point and the location of the damper at the unit; and

(11) observe the interior registers and the supply duct.


Region 16 Education Service Center

Official Notice of Board of Director Vacancies

Persons interested in filing for positions on the Board of Directors of Region 16 Education Service Center, an organization that provides educational services to 65 school districts in the north 26 counties of the Texas Panhandle, may do so at the office of the Executive Director (1601 S. Cleveland, Amarillo, Texas) during regular office hours (8 a.m. to 5 p.m.) Monday through Friday, beginning Tuesday, February 1, 2000. Deadline for filing is February 20, 2000, at 5 p.m.

Interested persons may file in person or, upon request, may receive a filing form by mail with the return by certified mail postmarked no later than 5 p.m., February 20, 1999. Phone: (806) 376-5521, Ext. 272; Mailing address: P. O. Box 30600, Amarillo, TX 79120.

The Board of Directors shall be elected by place. The following places (by counties) that are up for election are described as follows:

Place 1: Counties of Armstrong, Briscoe, Carson, Donley, Randall and Swisher

Place 2: Counties of Castro, Deaf Smith and Parmer

Place 7: Counties of Childress, Collingsworth, Gray, Hall and Wheeler

To hold the office of an Education Service Center Board of Director, one must:

Be a United States of America citizen;

Be at least 18 years of age;

Be a resident of the region served and of the geographic area included in the place designated outlined above;

*To hold the office of Board member, one may not:

Be engaged professionally in education;

Be a member of a board of any educational agency or institution.

* From Amendment to 19 TAC Chapter 53, Regional Education Service Centers, Subchapter AA, Commissioner's Rules, §53.1001, Board of Directors, (b) Election procedures, (1) effective December 26, 1999.

Should there be an uncontested election, the Region 16 ESC Board has determined that no election will be held. This action is in accordance with the amendment to 19 TAC Chapter 53, Regional Education Service Centers, Subchapter AA, Commissioner's Rules, §53.1001, Board of Directors, (b)(6), effective December 26, 1999.

TRD-200000469

Darrell L. Garrison, Ed.D.

Executive Director

Region 16 Education Service Center

Filed: January 25, 2000


Southwest Texas State University

Consultant Request

Southwest Texas State University is seeking a qualified consultant to assist in the following:

Provide a comprehensive review of the current transportation and parking delivery systems and recommend both short and long range recommendations for efficiencies and comparative advantages.

Provide recommendations that can be incorporated in the university's Master Plan that will minimize the demands on the transportation and parking systems.

Provide trend analysis, peer institution comparison, organizational recommendations, as well as research opportunities for integration with existing city bus system, proposed light rail system, or other modes of access.

Five copies of proposals must be received prior to 3:00 p.m., February 24, 2000. If you have questions, comments or would like to schedule a campus visit, please contact: Mr. Brad McAllister, Assistant Director, Auxiliary Services, for inquiries or information at 512-245-2585 or 601 University Drive, San Marcos, Texas 78666-4615.

TRD-200000489

William A. Nance

Vice President for Finance and Support Services

Southwest Texas State University

Filed: January 25, 2000


Texas Department of Transportation

Correction of Error - Intercity Bus Service RFP

Correction of Error - Intercity Bus Service RFP: A Request for Proposal to develop and support intercity bus service within Texas in accordance with Transportation Code, Chapter 455, was published in the January 21, 2000, issue of the Texas Register (25 TexReg 472). The following information is being published in order to correct an error that was contained in that notice.

The deadline for receipt of proposals is April 4, 2000, instead of March 14, 2000, as originally published.

If you have any questions, please contact Paul Moon, TxDOT, Public Transportation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone (512) 416-2825, e-mail: pmoon@dot.state.tx.us.

TRD-200000505

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 26, 2000


Texas Water Development Board

Water Bank Fee Schedule

In accordance with Section 15.705 of the Texas Water Code and 31 TAC §359.14, the Texas Water Development Board proposes to adopt the following fee schedule for deposits of a water right or right to use water or portion thereof into the Texas Water Bank (bank) and upon transfer of the water right or right to use water or portion thereof while on deposit in the bank. Section 15.705(b) of the Texas Water Code indicates that the authorized fee is to be used, with interest, only for the administration and operation of the Texas Water Bank. To date, a total of $396.00 has been collected in water bank fees and deposited in the water bank account of the Water Assistance Fund. This amount is less than one per cent of the amount expended to administer the Texas Water Bank since its creation. The annual staff expenses in operating the water bank are estimated to be approximately $15,000 per year. The fees presented in this schedule are not anticipated to increase the current rate of recovery, unless the level of bank activity significantly increases. The fee receipts, should they significantly increase, are anticipated to be utilized to improve the operation of the bank by providing funding to acquire water rights. The proposed Fee for Deposit is capped at a value of $50 to represent the recovery of a typical amount for processing an application upon filing. It is a concern that the Fee for Deposit not be such an amount as to discourage the use of the bank. The Fee for Transfer - One Time Payment is proposed to be a discounted amount in order to provide an advantage for paying the fee in a lump-sum payment. The Extended Fee for Transfer is proposed to be applicable only in those instances where the Executive Administrator finds that the full payment of the fee is onerous to the depositor and executes a letter of agreement with the depositor. The amount of the fee proposed isn't discounted, and is receivable as specified in the agreement.

Comments on this proposed fee schedule will be accepted for 30 days following publication and may be submitted to Daniel E. Beckett, P.E., Water Bank Manager, Texas Water Development Board, P.O. Box 13231, Austin, Texas 78711-3231.

FEE FOR DEPOSIT

(a) The fee for deposit for the water right or right to use water or portion thereof shall be one percent of the value of the water right or right to use water or portion thereof, up to a maximum fee of $50 per water right or right to use water or portion thereof. The payment of the fee for deposit must be received by the Texas Water Development Board (Board) within sixty calendar days of the date of the letter of notification from the Board's Executive Administrator of acceptance of the water right or right to use water or portion thereof for deposit into the bank.

(b) The value of a water right or right to use water or portion thereof shall be calculated upon deposit into the bank as the value placed on the water right or right to use water or portion thereof by the depositor. For a deposit of the water right, the depositor shall calculate the value of a water right as the sale price to be received from a proposed sale. For a deposit of the right to use water, the depositor shall calculate the value as the dollar amount per annum anticipated to be received from the sale of water multiplied by the number of years of the proposed sale.

FEE FOR TRANSFER - VALUATION OF RIGHT UPON TRANSFER

The value of the sale of a water right upon transfer shall be the total value of the sale, expressed in a dollar amount. The value of the right to use water or portion thereof shall be calculated as the total value, expressed in a dollar amount, receivable under contract for the right to use water.

FEE FOR TRANSFER - ONE TIME PAYMENT

The fee for transfer of the water right or right to use water shall be nine-tenths of one percent of the value of the water right or right to use water. The depositor of the water right or right to use water shall remit the full amount of the fee, based on the cited rate, in a single payment to the Board within sixty calendar days of the depositor's receipt of payment for the transfer. This fee is applicable for each transfer of the water right or right to use water while on deposit in the bank.

EXTENDED FEE FOR TRANSFER

In those instances where the Board's Executive Administrator (or his representative) determines that the Fee for Transfer - One Time Payment may be unduly onerous to the depositor, the depositor may remit an Extended Fee for Transfer over an extended time period in accordance with conditions agreed to by the Executive Administrator and the depositor. This agreement shall have the form of a letter of agreement, signed by both parties to the agreement and shall be legally binding under the applicable laws of the State of Texas and the United States of America. This Extended Fee for Transfer of the water right or right to use water shall be one percent of the value upon transfer of the water right or right to use water. The depositor of the water right or right to use water shall remit the fee payments in accordance with the terms of the letter of agreement.

WATER TRUST DEPOSITS AND TRANSFERS

All fees under this schedule that are associated with the deposit and transfer of a water right or right to use water or portion thereof into the Texas Water Trust are waived in accordance with 31 TAC §359.14 of the Board's rules.

TRD-200000500

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: January 26, 2000