Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under Texas Water Code §7.110. Before the State may settle a judicial enforcement action under the Texas Clean Air Act, 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.

Case Title and Court: State of Texas v. Kent L. Froelich dba Kent L. Froelich Company, Cause no. 99-08461, in the 200th Judicial District Court of Travis County, Texas

Nature of Defendant's Operations: Defendant Kent L. Froelich dba Kent L. Froelich Company operates a fiberglass reinforced plastic swimming pool manufacturing facility in Sanger, Denton County, Texas. The facility emits air contaminants such as styrene and acetone. The lawsuit by the State alleges that Froelich violated the Texas Clean Air Act, Texas Health & Safety Code Annotated Chapter 382, by failing to comply with an administrative Order issued by the Texas Natural Resource Conservation Commission (TNRCC) that he cease to emit air contaminants from his facility until such time as he obtained the proper permits and authorization from TNRCC.

Proposed Agreed Judgment: The Agreed Final Judgment calls for Froelich to pay the previously unpaid administrative penalty of $4,750, an additional civil penalty of $10,000, and attorneys fees of $6,000, plus court costs. The Judgment also enters a Permanent Injunction which requires Froelich to operate in accordance with his recently obtained authorization from the TNRCC.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement should be directed to Burgess Jackson, 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.

For further information, please call A.G. Younger at (512) 463-2110.

TRD-200001210

Elizabeth Robinson

Assistant Attorney General

Office of the Attorney General

Filed: February 16, 2000

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

An application was received from VATAT Credit Union , Austin, Texas to expand its field of membership. The proposal would permit the members and employees of Texas Industrial Vocational Association to be eligible for membership in the credit union.

An application was received from Aldine Teachers Credit Union , Austin, Texas to expand its field of membership. The proposal would permit the students, both currently enrolled and alumni, of the North Harris Montgomery Community College District to be eligible for membership in the credit union.

An application was received from Texans Credit Union , Richardson, Texas to expand its field of membership. The proposal would permit the Texas-based employees of Harbinger Corporation and their family members to be eligible for membership in the credit union.

An application was received from Texans Credit Union , Richardson, Texas to expand its field of membership. The proposal would permit the Texas-based employees of MindSpring Enterprises, Inc. and their family members to be eligible for membership in the credit union.

An application was received from Texans Credit Union , Richardson, Texas to expand its field of membership. The proposal would permit persons who reside or work in Richardson, Plano, and Collin County, Texas, excluding persons eligible for primary membership in any occupation or association-based credit with a total membership of 20,000 members at the time membership is sought with Texans Credit Union, and having an office within the boundaries in Richardson, Plano, and Collin County, Texas on 1-20-00, and their family members, to be eligible for membership in the credit union.

An application was received from Educational Employees Credit Union , Fort Worth, Texas to expand its field of membership. The proposal would permit the independently owned licensed dealers/franchises of the Tandy/Radio Shack Corporation and their employees to be eligible for membership in the credit union.

An application was received from Southwest Resource Credit Union , Baytown, Texas to expand its field of membership. The proposal would permit the employees, annuitants, and retirees of Exxon Mobil Corporation, their wholly owned companies, divisions, subsidiaries, associations, dealers, agents and full-time employees of the retail outlets to eligible for membership in the credit union.

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

TRD-200001218

Lynette Pool

Deputy Commissioner

Credit Union Department

Filed: February 16, 2000

In accordance with the provisions of 7 TAC §91.103, the Texas Credit Union Department provides notice of the final action taken on the following application(s):

Application(s) to Expand Field of Membership

Energy Capital Credit Union, Houston, Texas - See Texas Register issue dated December 31, 1999.

United Heritage Credit Union, Austin, Texas (Wood County) - See Texas Register issue dated December 31, 1999.

Doches Community Credit Union, Nacogdoches, Texas - See Texas Register issue dated December 31, 1999.

Texas Dow Employees Credit Union, Lake Jackson, Texas - See Texas Register issue dated December 31, 1999.

Phillips Employees Credit Union, Pasadena, Texas - See Texas Register issue dated December 31, 1999.

Austin Metropolitan Financial Credit Union, Austin, Texas (2 Appls.) - See Texas Register issue dated December 31, 1999.

Pegasus Credit Union, Dallas, Texas - See Texas Register issue dated December 31, 1999.

Longview Consolidated Credit Union, Longview, Texas (Amended) - Persons who live or work in the City of Longview, Texas, excluding persons eligible for primary membership in an occupation or association based credit union with less than 5,000 members at the time membership is sought.

Application(s) for a Merger or Consolidation

Norton Employees Credit Union and Houston Milk Producers Federal Credit Union - See Texas Register issue dated December 31, 1999.

TRD-200001217

Lynette Pool

Deputy Commissioner

Credit Union Department

Filed: February 16, 2000

The Texas Department of Health (development) is developing guidelines for statewide childhood lead screening. A public hearing will be held to receive comments from interested parties from 11:00 a.m. until 1:00 p.m. on Tuesday, February 29, 2000, at the Scott and White Children's Health Center, Conference Room, 2401 S. 31st Street, Temple, Texas. This will allow the department to develop a plan that meets Texas' needs.

You may also submit your comments on a Texas plan for child lead screening to Teresa Willis, Program Coordinator, Texas Child Lead Screening Guidelines, Texas Department of Health, 1100 West 49th Street, Austin, Texas, 78756, Telephone (512) 458-7269 or 1- (800) 588- 1248, Fax (512) 458-7699, or e-mail at txpbscreen@tdh.state.tx.us.

TRD-200001213

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 16, 2000

INTRODUCTION

The Texas Department of Health announces a Request for Proposals (RFP) for the provision of case management and/or community/family resource services for Children with Special Health Care Needs (CSHCN). For the purpose of this RFP, case management is defined as the assessment of the child's overall service needs and the development of a plan for meeting these needs. The services will be family centered, community-based, and culturally competent, and will assist children who need a variety of services. To be eligible for CSHCN case management, a child must be under the age of 21, a resident of Texas, have a special health care need, and not be able to access other appropriate case management services. Community and family resource activities should build community infrastructure and /or educate and support CSHCN and their families in promoting their health and well being. The RFP provides a listing of example activities.

ELIGIBLE APPLICANTS

Eligible applicants include public and private agencies, organizations, and individuals who are current or potential service providers for CSHCN.

AVAILABILITY OF FUNDS

It is expected that approximately $1,900,000 will be available for awards and that 14 or more proposals will be funded.

PROJECT AND BUDGET PERIODS:

Contracts will be funded for a 12 month period beginning September 1, 2000 through August 31, 2001.

REVIEW AND AWARD CRITERIA

Each application will be screened for minimum eligibility and completeness, as well as satisfactory fiscal and administrative history. Applications deemed ineligible, or that arrive after the deadline, will not be reviewed.

Eligible, complete applications will be reviewed and scored by evaluators, according to the quality and thoroughness of the application and the demonstrated potential of the applicant to provide quality case management and/or community/family resource services.

SUBMISSION REQUIREMENTS

The original and two copies must be received by Marjorie Doubleday, Bureau of Children's Health/Bureau of Nutrition Services, Contract Management Section, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756 by 5:00 p.m. Central Daylight Savings Time on April 24, 2000 . One additional copy must be received by Texas Department of Health Regional Director of Social Work Services in the applicant's service area by the same deadline.

TO OBTAIN A COPY OF THE REQUEST FOR PROPOSALS

A copy of the RPF will be sent to current Texas Department of Health CSHCN case management contractors. The RFP will be available at http://www.tdh.state.tx.us/cshcn/cshcnhome.htm on February 25, 2000. To request a copy of the RFP, contact Marjorie Doubleday, Bureau of Children's Health/Bureau of Nutrition Services, 1100 West 49th Street, Austin, Texas 78756; Telephone (512)-458-7111, extension 3028, or E- mail address marjorie.simmons@tdh.state.tx.us.

TRD-200001212

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 16, 2000

The Texas Department of Health, having duly filed complaints pursuant to 25 Texas Administrative Code §289.205, has revoked the following certificates of registration: Accelerator System International, Inc., San Jose, California, R16068, January 28, 2000; Wesley Family Practice Center, Greenville, R18241, January 28, 2000; Beltline Chiropractic Clinic, LLC, Irving, R21410, January 28, 2000; Chiro-Rehab Center, Houston, R21824, January 28, 2000; Keith S. Turner, D.C., Houston, R21838, January 28, 2000; John W. Chung, M.D., Odessa, R21916, January 28, 2000; Mobile Medical Imaging, Inc., Corpus Christi, R22570, January 28, 2000; Kratos Analytical, Inc., Chestnut Ridge, New York, R23937, January 28, 2000.

A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, Monday - Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200001221

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 16, 2000

The Commissioner of Insurance, or his designee, will consider approval of a rating manual request submitted by CGU Insurance proposing to use a rating manual relative to classifications and territories different than that promulgated by the Commissioner of Insurance pursuant to TEXAS INSURANCE CODE ANNOTATED Art 5.101, 3(l). They are proposing to adopt a companion policy discount. The companion policy discount provides a 5% reduction in premiums for all personal auto coverage's when the named insured insures his/her home under any homeowner's policy issued by any of the CGU companies.

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 objections, pursuant to art. 5.101, 3(h), is made with the Senior Associate Commissioner for Property & Casualty Program, Mr. C.H. Mah, at the Texas Department of Insurance, MC 105-5G, P. O. Box 149104, Austin, Texas 78701 within 30 days after publication of this notice.

TRD-200001078

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 11, 2000

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 Performax, Inc., a foreign third party administrator. The home office is Wilmington, Delaware.

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-200001190

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 15, 2000

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

Application for incorporation in to Texas of Health Management Solutions, a domestic third party administrator. The home office is Houston, Texas.

Application for incorporation in to Texas of Quantum Southwest Medical Associates, a domestic third party administrator. The home office is San Antonio, Texas.

Application for incorporation in to Texas of Quantum Southwest Medical Management, Inc., a domestic third party administrator. The home office is San Antonio, Texas.

Application for incorporation in to Texas of Select Ob/Gyn Associates, P.A., a domestic third party administrator. The home office is San Antonio, 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-200001211

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: February 16, 2000

The Executive Director of the TNRCC has prepared draft permits which, if approved, will authorize the minor amendments to these permits.

APPLICATION. Republic Waste Services of Texas II, LLC , 10554 Tanner Road, Houston, TX 77041, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a minor amendment to Permit Number MSW-1849A which would authorize a change in site operating hours allowing the facility to be open from 5:00am to 7:00pm, Monday through Saturday. The application is subject to the goals and policies of the Texas Coastal Management Program (CMP) and must be consistent with the applicable CMP goals and policies. This Type IV municipal solid waste facility is located approximately 0.27 miles southeast of the intersection of FM 646 and Wyoming Street in Galveston County, Texas The Executive Director of the TNRCC has prepared a draft permit which, if approved, will authorize a minor amendment to this permit under the terms described above.

PUBLIC COMMENT. Written comments concerning this minor amendment may be submitted to the TNRCC, Chief Clerk's Office, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087 telephone (512) 239-3300. Comments must be received no later than 10 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; (2) the name of the applicant and the permit number; and (3) the location of your property relative to the applicant's operations.

INFORMATION. Individual members of the public who wish to inquire about the information contained in this notice may contact the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. Issued this February 14, 2000

APPLICATION. IESI TX Landfill LP , 6125 Airport Freeway, Suite 202, Haltom City, Texas 76117 has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a minor amendment to Permit Number 1571A which would authorize the facility to be open to the general public. The Type I municipal solid waste facility is located about 1/3 mile south of the western limit of the City of Iowa Park, Texas at the intersection of Smith Road and Johnson Road in Wichita County. The Executive Director of the TNRCC has prepared a draft permit which, if approved, will authorize a minor amendment to this permit under the terms described above.

PUBLIC COMMENT. Written comments concerning this minor amendment may be submitted to the TNRCC, Chief Clerk's Office, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087 telephone (512) 239-3300. Comments must be received no later than 10 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; (2) the name of the applicant and the permit number; and (3) the location of your property relative to the applicant's operations.

INFORMATION. Individual members of the public who wish to inquire about the information contained in this notice may contact the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040.

TRD-200001206

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: February 16, 2000

For The Period of February 02, 2000 to February 14, 2000

APPLICATION. Juliff Gardens, L.L.C. Landfill , 1219 Turncreek Lane, Katy, Texas, 77450. The site is located approximately 2,500 feet from the intersection of FM 521 and County Road 56 in Brazoria County. A proposed Type IV Municipal Solid waste (MSW) facility. The applicant has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a Type IV landfill facility. This site will dispose of brush, construction demolition waste, rubbish, inert material, trash, yard waste which is free of putrescible and household waste, scap tires if they have been slit and quartered or do not come from a tire disposer/recycle who is reimbursed from the state tire recycling fund. The Juliff Gardens landfill will not accept Class I, Class II, or Class III non-hazardous industrial waste, radioactive waste, PCB contaminated waste, liquid waste, water and wastewater treatment sludges, grease/grit trap waste, and special waste which may cause an odor or nuisance, or which may require excessive or special procedures and handling requirements will not be accepted. The permit application is available for viewing and copying at the Angleton Public Library in Angleton , Texas, 77515, (409) 864-1519. The TNRCC Executive Director has determined the application is administratively complete and will conduct a technical review of the application. This application was submitted to the TNRCC on December 13, 1999. After completion of that review, the TNRCC will issue a Notice of Application and Executive Director's Preliminary Decision.

MAILING LISTS. You may ask to be placed on a mailing list to obtain additional information regarding this application. You may also ask to be on a county-wide mailing list to receive public notices for all TNRCC permits in the county. To get on a mailing list, send a request to the Office of the Chief Clerk, at the address listed below.

PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments on this application. The TNRCC will hold a public meeting on this application. The purpose of a public meeting is to provide the opportunity to submit written or oral comments or to ask questions about the application. A public meeting is not a contested case hearing. Information concerning this meeting will be given in a later public notice. Written public comments should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. You are encouraged to submit your comments as soon as possible so your concerns can be considered during the review of the application.

ADDITIONAL NOTICE. After the TNRCC completes the technical review of the application, the Executive Director may prepare a draft permit and will issue a preliminary decision on the application. Notice of the Application and Preliminary Decision will be published and mailed to those who are on or who asked to be on the county-wide mailing list or the mailing list for this application. That notice will contain the final deadline for submitting public comments. OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public comments, the Executive Director will consider the comments and prepare a response to all relevant and material, or otherwise significant public comments. The Response to Comments, along with the Executive Director's Decision on the application, will be mailed to everyone who submitted public comments or who are on the county-wide mailing list or the mailing list for this application. The mailing will also provide instructions for requesting reconsideration of the executive director's decision and for requesting a contested case hearing. A contested case hearing is a legal proceeding similar to a civil trial in state district court. A person who may be affected by the facility is entitled to request a contested case hearing. A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised during the public comment period. Issues that are not raised in public comments may not be considered during a hearing. INFORMATION. If you need more information about this permit application or the permitting process (such as being added to the mailing list), please call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TNRCC can be found at our web site at www.tnrcc.state.tx.us. Further information may also be obtained from Juliff Gardens, L.L.C. at its address stated above or by calling Mr. Gary R. Horwitch, P.E. of HMA Environmental Services, Inc. at (281) 440-5503.

APPLICATION. The City of Temple , 2 North Main Street, Temple, TX 76501, has applied to the Texas Natural Resource Conservation Commission (TNRCC) to amend existing Permit Number MSW-692 (Proposed Permit Number MSW- 692-A) to expand the site vertically by approximately 114 feet to a final elevation of 759.00 above mean sea level and horizontally from 215.052 acres to a total of 269.02 acres. If the permit is granted, the applicant would be authorized to dispose of: (1) municipal solid waste resulting from or incidental to municipal, community, commercial, institutional, recreational activities, and construction or demolition projects; (2) Class II and III industrial solid waste; (3) and special wastes that are properly identified. The facility would be authorized to operate from 6:00 a.m. to 6:00 p.m., Monday through Friday; and 7:00 a.m to 5:00 p.m. on Saturday. The Executive Director of the TNRCC has prepared a draft permit which, if approved, would establish the conditions under which the facility must operate.

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, TX 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-200001207

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: February 16, 2000

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Default Orders. The TNRCC staff proposes a Default Order when the staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPR. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to the Texas Water Code (the Code), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 27, 2000 . The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a Default Order if a comment discloses facts or considerations that indicate that the proposed Default Orders is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's jurisdiction, or the TNRCC's orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed Default Order is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed Default Orders is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the Default Order should be sent to the attorney designated for the Default Order at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 27, 2000 . Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the Default Orders and/or the comment procedure at the listed phone numbers; however, comments on the Default Orders should be submitted to the TNRCC in writing .

(1) COMPANY: Richard and Melissa Gaston; DOCKET NUMBER: 1999-0668-OSS-E; TNRCC IDENTIFICATION (ID) NUMBER: 13680; LOCATION: 1680 Long Avenue, Pelican Bay, Tarrant County, Texas; TYPE OF FACILITY: on-site sewage facility (OSSF); RULES VIOLATED: the Code, §26.121 by pumping effluent from the OSSF septic tank located at the residence onto neighboring property; PENALTY: $1,250; STAFF ATTORNEY: Josuha M. Olszewski MC 175, Litigation Division, (512) 239-3645; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(2) COMPANY: Richardo Espericueta; DOCKET NUMBER: 1999-0398-MSW-E; TNRCC ID NUMBER: 13149; LOCATION: Farm-to-Market Road 2221 and Western Road on 5 Mile Line, Mission, Hidalgo County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste disposal site; RULES VIOLATED: 30 TAC §330.4 by causing or allowing the disposal of municipal solid waste at the site; PENALTY: $4,000; STAFF ATTORNEY: Heather Otten, Litigation Division, MC 175, (512) 239-1738; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(3) COMPANY: Martin Steele dba Steele Lawn Sprinklers; DOCKET NUMBER: 1999-0740- LII-E; TNRCC ID NUMBER: 13793; LOCATION: 410 East Springdale, Grand Prairie, Dallas County, Texas; TYPE OF FACILITY: services landscape irrigation system; RULES VIOLATED: 30 TAC §344.57(d) and the Code, §34.007(a) by selling, designing, and installing landscape irrigation system without a license; PENALTY: $625; STAFF ATTORNEY: Joshua M. Olszewski, Litigation Division, MC 175, (512) 239-3645; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(4) COMPANY: Richard J. Walker dba Harborlight Campground; DOCKET NUMBER: 1999- 0594-MWD-E; TNRCC ID NUMBER: 11432-001; LOCATION: east side of Farm-to-Market Road 3121, approximately 2.5 miles north of the intersection of Farm-to-Market Road 3121 and Farm-to- Market Road 83, Sabine County, Texas; TYPE OF FACILITY: wastewater treatment; RULES VIOLATED: the Code, §26.121 and Water Quality Permit Number 11432-001 by exceeding the permit parameters for total suspended solids (TSS) daily average concentration, TSS individual grab sample concentration, biochemical oxygen demand (BOD5) daily average concentration, BOD5 individual grab sample concentration, and pH; PENALTY: $3,750; STAFF ATTORNEY: Joshua Olszewski, Litigation Division, MC 175, (512) 239-3645; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

TRD-20001188

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: February 15, 2000

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 27, 2000 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable Regional Office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 27, 2000 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1)COMPANY: Amli Residential Partners, L.P.; DOCKET NUMBER: 1999-0849-EAQ-E; IDENTIFIER: Edwards Aquifer Protection Program Identification Numbers 99030101 and 99030102; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: multi-family residential development; RULE VIOLATED: 30 TAC §213.4(a), by failing to obtain a water pollution abatement plan prior to commencing construction and obtain approval of an organized sewage collection system; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Tina Rosenzweig, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(2)COMPANY: Mr. Ralph Avery; DOCKET NUMBER: 1999-1261-OSS-E; IDENTIFIER: Registered Installer Certificate Number OS2606; LOCATION: Clayton, Panola County, Texas; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: 30 TAC §285.58(a)(3) and (11), and the THSC, §366.051(c) and §366.054, by failing to obtain authorization to install an on-site sewage facility and notify the authorized agent of the date on which he planned to begin work; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Mohammed Issa, (512) 239-1445; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(3)COMPANY: City of Bayside; DOCKET NUMBER: 1999-1084-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 1960007; LOCATION: Bayside, Refugio County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(i) and (iv), by failing to provide adequate well capacity and provide an elevated storage capacity of 100 gallons per connection or a pressure tank capacity of 20 gallons per connection; 30 TAC §290.46(u), by failing to operate the water system with a minimum pressure of 35 pounds per square inch; and 30 TAC §290.41(c)(3)(J), by failing to provide the proper concrete sealing block; PENALTY: $875; ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(4)COMPANY: Bell Helicopter Textron Inc.; DOCKET NUMBER: 1999-0979-IWD-E; IDENTIFIER: Permit Number 00367 and National Pollutant Discharge Elimination System (NPDES) Permit Number TX0000892; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: aircraft components and assembly; RULE VIOLATED: Permit Number 00367, NPDES Permit Number TX0000892, and the Code, §26.121, by failing to comply with its permit limitations; PENALTY: $8,000; ENFORCEMENT COORDINATOR: Pam Campbell, (512) 239-4493; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(5)COMPANY: Nahid Youssefzadeh dba B John's Discount; DOCKET NUMBER: 1999-1298- PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 0042891; LOCATION: Arlington, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.248(1) and the Act, §382.085(b), by failing to ensure at least one facility representative received training and instruction in the operation and maintenance of the Stage II vapor recovery system (VRS); and 30 TAC §115.246(5) and the Act, §382.085(b), by failing to maintain a record of the results of initial Stage II VRS testing; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(6)COMPANY: Bocks Board Packaging of Texas, Inc.; DOCKET NUMBER: 1999-1292-IHW- E; IDENTIFIER: Industrial Hazardous Waste Permit Number F0396; LOCATION: Hutchins, Dallas County, Texas; TYPE OF FACILITY: cardboard manufacturing; RULE VIOLATED: 30 TAC §335.4 and the Code, §26.121, by allegedly allowing a discharge of industrial wastewater to the surface and subsurface; 30 TAC §335.62, by failing to perform a hazardous waste determination for any of the waste generated; 30 TAC §335.513, by failing to classify any of the non-hazardous waste generated; and 30 TAC §331.3, by allegedly discharging industrial wastewater to the subsurface; PENALTY: $10,400; ENFORCEMENT COORDINATOR: Wendy Penland, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010- 6499, (817) 469-6750.

(7)COMPANY: Borden Chemicals, Inc.; DOCKET NUMBER: 1999-1289-IHW-E; IDENTIFIER: Solid Waste Registration Number 30960; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: manufacturing plant; RULE VIOLATED: 30 TAC §335.2, by failing to ensure that industrial solid waste was sent to a facility which is authorized to accept industrial solid waste; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Wendy Penland, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(8)COMPANY: Burgess Marketing, Incorporated; DOCKET NUMBER: 1999-1047-PST-E; IDENTIFIER: Enforcement Identification Number14036; LOCATION: Mesquite, Dallas County, Texas; TYPE OF FACILITY: refined petroleum products; RULE VIOLATED: 30 TAC §115.221 and the Act, §382.085(b), by failing to control the displaced gasoline vapors from the stationary storage container; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Michael De La Cruz, (512) 239-0259; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(9)COMPANY: Capitol Aggregates, Inc.; DOCKET NUMBER: 1999-1217-AIR-E; IDENTIFIER: Air Account Number TH-0015-V; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: hot mix asphaltic concrete; RULE VIOLATED: 30 TAC §122.121, §122.130(b)(1), and the Act, §382.054, by failing to submit an initial abbreviated federal operating permit application; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Tina Rosenzweig, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(10)COMPANY: CMH Parks, Inc.; DOCKET NUMBER: 1999-0722-MWD-E; IDENTIFIER: Permit Number 13732-001; LOCATION: Flower Mound, Denton County, Texas; TYPE OF FACILITY: mobile home park; RULE VIOLATED: Permit Number 13732-001, 30 TAC §305.125(5) and (9), and the Code, §26.121, by failing to properly operate and maintain the wastewater treatment plant, prevent the spill of sewage, and notify the agency of the spill; PENALTY: $18,750; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(11)COMPANY: Creekside Utilities, Inc.; DOCKET NUMBER: 1999-1276-MWD-E; IDENTIFIER: NPDES Permit Number TX0026247; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: NPDES Permit Number TX0026247 and the Code, §26.121, by failing to sample and report fecal coliform and kjeldahl nitrogen; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(12)COMPANY: Ronnie Emola dba Emola Brothers Auto Sales; DOCKET NUMBER: 1999- 1362-AIR-E; IDENTIFIER: Air Account Number KB-1078-O; LOCATION: Kaufman, Kaufman County, Texas; TYPE OF FACILITY: used car lot; RULE VIOLATED: 30 TAC §114.20(c)(1) and the Act, §382.085(b), by offering for sale a vehicle with missing or inoperable emission control devices; PENALTY: $300; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 469- 6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(13)COMPANY: Equilon Pipeline Company LLC; DOCKET NUMBER: 1999-0972-AIR-E; IDENTIFIER: Air Account Number JE-0228-I; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: pipeline company; RULE VIOLATED: 30 TAC §115.112(a)(1) and the Act, §382.085(b), by failing to repair or replace the guide plate cover; 30 TAC §122.121 and the Act, §382.054, by failing to obtain authorization to operate Tanks 4420 and 4421; and 30 TAC §101.27(c)(1), §101.24, and the Act, §382.0621 and §382.062, by failing to pay outstanding emissions and inspection fees; PENALTY: $8,000; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-3892, (409) 898-3838.

(14)COMPANY: E-Z Mart Stores, Inc.; DOCKET NUMBER: 1999-0834-PST-E; IDENTIFIER: PST Facility Identification Number 0044519; LOCATION: Vidor, Orange County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.242(3)(H) and (K), and the Act, §382.085(b), by failing to maintain the vapor processing/vacuum unit in operating condition and maintain dry break caps on the Stage II VRS; and 30 TAC §115.246, §115.244(3), and the Act, §382.085(b), by failing to conduct daily and monthly inspections and maintain test records and California Air Resources Board executive order; PENALTY: $6,250; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(15)COMPANY: Mr. Lee Roy Frazier dba Frazier's Backhoe: Septic Systems and Demolition Services; DOCKET NUMBER: 1999-0936-AIR-E; IDENTIFIER: Air Account Number NC-0050-C; LOCATION: Deweyville, Newton County, Texas; TYPE OF FACILITY: backhoe, septic systems, and demolition service; RULE VIOLATED: 30 TAC §111.201 and the Act, §382.085(b), by conducting outdoor burning of demolition debris; and 30 TAC §330.4(b), by failing to properly store and dispose of municipal solid waste; PENALTY: $600; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-3892, (409) 898-3838.

(16)COMPANY: Lee Gardner; DOCKET NUMBER: 1999-1335-SLG-E; IDENTIFIER: Sludge Transporter Registration Number 20689; LOCATION: Weatherford, Parker County, Texas; TYPE OF FACILITY: septic tank transporter; RULE VIOLATED: 30 TAC §312.142(c), by failing to maintain a copy of his transporter's registration at designated place of business; 30 TAC §312.143, by failing to dispose domestic septage at an authorized facility; 30 TAC §312.144(e), by failing to provide pathogen and vector attraction reduction records; and 30 TAC §312.145(b)(2), by failing to provide copies of waste disposal trip tickets; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(17)COMPANY: Groves Woodworks, Inc.; DOCKET NUMBER: 1999-0852-AIR-E; IDENTIFIER: Air Account Number TH-0721-0; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: woodworking shop; RULE VIOLATED: 30 TAC §111.201 and the Act, §382.085(b), by failing to comply with outdoor burning regulations; and 30 TAC §330.5, by failing to comply with the general prohibitions relating to unauthorized disposal; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Tina Rosenzweig, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(18)COMPANY: Thomas N. Thurber dba Hermann Oaks Mobile Home Park; DOCKET NUMBER: 1999-1203-PWS-E; IDENTIFIER: PWS Number 1012003; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §291.101(a) and the Code, §13.242(a), by failing to obtain a certificate of convenience and necessity; PENALTY: $320; ENFORCEMENT COORDINATOR: Kimberly McGuire, (512) 239- 4761; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19)COMPANY: Waste Management of Texas, Incorporated dba Hillside Recycling & Disposal Facility; DOCKET NUMBER: 1999-1046-MSW-E; IDENTIFIER: Municipal Solid Waste Permit Number 523A; LOCATION: Sherman, Grayson County, Texas; TYPE OF FACILITY: landfill; RULE VIOLATED: 30 TAC §§330.55(b)(1)(A), (2), and (3), 330.111, 330.139, and the Code, §26.121, by allegedly allowing the leachate to accumulate in the bottom of an erosion fill in a subtitle D cell and failing to construct a run-on and run-off system around the active face; and 30 TAC §330.133(f), by failing to promptly repair the erosion of the intermediate cover; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Michael De La Cruz, (512) 239-0259; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(20)COMPANY: Kensing Iron Works, Inc.; DOCKET NUMBER: 1999-1163-EAQ-E; IDENTIFIER: Enforcement Identification Number 14152; LOCATION: New Braunfels, Comal County, Texas; TYPE OF FACILITY: steel and iron welding; RULE VIOLATED: 30 TAC §213.4(a), by failing to submit a water pollution abatement plan and receive approval prior to commencing construction; PENALTY: $800; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(21)COMPANY: Lasco Bathware, Incorporated; DOCKET NUMBER: 1999-1175-AIR-E; IDENTIFIER: Air Account Number DB-0976-P; LOCATION: Lancaster, Dallas County, Texas; TYPE OF FACILITY: fiberglass bathware; RULE VIOLATED: 30 TAC §116.116(a) and the Act, §382.085(b), by failing to properly install filtering media at the exhaust of the fiberglass spraying area and to maintain closed doors during spraying; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(22)COMPANY: City of Lindale; DOCKET NUMBER: 1999-0875-MWD-E; IDENTIFIER: Permit Number 10412-001 and NPDES Permit Number TX0052931; LOCATION: Lindale, Smith County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10412-001, NPDES Permit Number TX0052931, and the Code, §26.121, by failing to comply with the total suspended solid concentration and daily maximum limit, the ammonia-nitrogen daily average concentration limit, fecal coliform seven-day and daily average limit, and the five-day carbonaceous biochemical oxygen demand daily average limit; PENALTY: $13,125; ENFORCEMENT COORDINATOR: Pam Campbell, (512) 239-4493; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(23)COMPANY: Nirmal & Armaan Enterprises, Incorporated dba M.C. Corner; DOCKET NUMBER: 1999-1017-PST-E; IDENTIFIER: PST Facility Identification Number 0003814; LOCATION: Grapevine, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and the Act, §382.085(b), by failing to conduct the annual pressure decay test on the Stage II VRS; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Michael De La Cruz, (512) 239-0259; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(24)COMPANY: Randol Patten dba Metro Cars and Trucks; DOCKET NUMBER: 1999-0965- AIR-E; IDENTIFIER: Air Account Number TA-3867-S; LOCATION: Arlington, Tarrant County, Texas; TYPE OF FACILITY: used car lot; RULE VIOLATED: 30 TAC §114.20(c)(1) and the Act, §382.085(b), by offering for sale a vehicle with missing or inoperable emission control devices; PENALTY: $300; ENFORCEMENT COORDINATOR: Michael De La Cruz, (512) 239- 0259; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(25)COMPANY: Mosbacher Energy Company; DOCKET NUMBER: 1999-0983-AIR-E; IDENTIFIER: Air Account Number AA-0045-S; LOCATION: Frankston, Anderson County, Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30 TAC §122.130(a)(1)(B)(i) and the Act, §382.054 and §382.085(b), by failing to submit an application for a Title V permit; and 30 TAC §122.121 and the Act, §382.054 and §382.085(b), by failing to obtain permit authority for continued plant operation; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(26)COMPANY: Motiva Enterprises LLC; DOCKET NUMBER: 1999-1254-PST-E; IDENTIFIER: PST Facility Identification Number 0013603; LOCATION: Fort Worth, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.242(3)(A) and (B), and (5), and the Act, §382.085(b), by failing to maintain all components of the Stage II VRS, maintain hoses in an approved condition, and remove retractor and nozzle from service until repairs are made; and 30 TAC §115.246(4) and the Act, §382.085(b), by failing to maintain proof of attendance and completion of training; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Wendy Penland, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(27)COMPANY: Northampton Municipal Utility District; DOCKET NUMBER: 1999-0771- MWD-E; IDENTIFIER: Permit Number 10910-001 and NPDES Permit Number TX0058548; LOCATION: Spring, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 10910-001, NPDES Permit Number TX0058548, and the Code, §26.121, by failing to comply with their permit limitations; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Pam Campbell, (512) 239-4493; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(28)COMPANY: Calvin Oates; DOCKET NUMBER: 1999-1257-PWS-E; IDENTIFIER: Waterworks Operator Certificate Number 461-40-2242; LOCATION: Jasper, Jasper County, Texas; TYPE OF FACILITY: waterworks operator; RULE VIOLATED: 30 TAC §290.46(g) and (s), by failing to disinfect a repaired water line, issue boil water notices, and submit water samples from the repaired water line to an approved laboratory; PENALTY: $0; ENFORCEMENT COORDINATOR: Terry Thompson, (512) 239-6095; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109- 4933, (806) 353-9251.

(29)COMPANY: Odfjell Terminals (Baytank) Inc.; DOCKET NUMBER: 1999-0652-IWD-E; IDENTIFIER: Permit Number 02547 and NPDES Permit Number TX0089192; LOCATION: Seabrook, Harris County, Texas; TYPE OF FACILITY: terminal; RULE VIOLATED: Permit Number 02547, NPDES Permit Number TX0089192, and the Code, §26.121, by failing to meet permitted effluent quality limits; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(30)COMPANY: Palex Texas L.P.; DOCKET NUMBER: 1999-1172-AIR-E; IDENTIFIER: Air Account Number BG-0896-Q; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: wooden pallet repair; RULE VIOLATED: 30 TAC §116.110(a) and the Act, §382.085(b), by failing to operate a trench burner unit in accordance with the 20% opacity limitation; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490- 3096; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096.

(31)COMPANY: James Peters and Billy Peters dba Mr. Mc's Grocery & Market; DOCKET NUMBER: 1999-1089-PST-E; IDENTIFIER: PST Facility Identification Number 18793; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(a)(1)(A) and the Code, §26.3475, by failing to have an approved release detection; 30 TAC §334.10(b)(1)(B), by failing to maintain complete records on site and immediately have available for inspection; and 30 TAC §334.7(d)(3), by failing to amend the station's registration; PENALTY: $4,320; ENFORCEMENT COORDINATOR: Gloria Stanford, (512) 239-1871; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(32)COMPANY: Pinecreek Village, Inc.; DOCKET NUMBER: 1999-0884-MWD-E; IDENTIFIER: Permit Number 12771-001; LOCATION: Roanoke, Denton County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Permit Number 12771-001, 30 TAC §305.125(2), and the Code, §26.121, by allowing a discharge of wastewater and by failing to submit a permit renewal application; 30 TAC §325.2, by failing to provide facility oversight by a certified wastewater operator; and 30 TAC §317.6(b)(1), by failing to provide the required chlorination facilities; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(33)COMPANY: R & K Camping Center, Incorporated dba Forest Lane RV and Truck; DOCKET NUMBER: 1999-1363-AIR-E; IDENTIFIER: Air Account Number DB-5111-C; LOCATION: Garland, Dallas County, Texas; TYPE OF FACILITY: used car lot; RULE VIOLATED: 30 TAC §114.20(c)(1) and the Act, §382.085(b), by allegedly offering for sale a vehicle with missing or inoperable emission control devices; PENALTY: $720; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(34)COMPANY: Rack Technology, Incorporated; DOCKET NUMBER: 1999-1243-AIR-E; IDENTIFIER: Air Account Number TA-2077-Q; LOCATION: Arlington, Tarrant County, Texas; TYPE OF FACILITY: metal hanging rack manufacturing; RULE VIOLATED: 30 TAC §116.110(a) and the Act, §382.085(b), by failing to amend Air Permit Number 6587 to include carbon monoxide and hydrochloric acid emissions; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Michael De La Cruz, (512) 239-0259; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(35)COMPANY: Revest, Incorporated; DOCKET NUMBER: 1999-1222-AIR-E; IDENTIFIER: Air Account Number DB-3446-F; LOCATION: Farmers Branch, Dallas County, Texas; TYPE OF FACILITY: upholstery and furniture repair; RULE VIOLATED: 30 TAC §122.121, §122.130(b)(1), and the Act, §382.054, by failing to submit an initial abbreviated federal operating permit application; 30 TAC §116.115(c), Air Permit Number 24841, and the Act, §382.085(b), by failing to install high-volume, low-pressure spray guns and implement a system to place towels with clean up solvents in closed containers; and 30 TAC §101.20 and the Act, §382.085(b), by failing to maintain records, submit reports, and conduct testing; PENALTY: $4,800; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(36)COMPANY: The City of Roaring Springs; DOCKET NUMBER: 1999-0654-MWD-E; IDENTIFIER: Permit Number 10260-001; LOCATION: Roaring Springs, Motley County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.126, by failing to meet the requirements of the 75/90 rule; and Permit Number 10260-001 and the Code, §26.121, by failing to meet the permitted flow limits, adequately monitor effluent flow, and meet the permitted effluent quality limits; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(37)COMPANY: Rod Walston dba Rose Hill Ranchettes Mobile Home Subdivision; DOCKET NUMBER: 1999-1169-PWS-E; IDENTIFIER: PWS Number 1011923 and Certificate of Convenience and Necessity Number 11955; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.206(a) and (e)(2), and the THSC, §341.033(d), by failing to collect and submit bacteriological samples and perform public notification for the failure to sample; 30 TAC §290.51 and the THSC, §341.041, by failing to pay public health service fees; and 30 TAC §291.76, by failing to pay regulatory assessment fees; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Terry Thompson, (512) 239-6095; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(38)COMPANY: Set Environmental, Inc.; DOCKET NUMBER: 1999-0996-IHW-E; IDENTIFIER: Solid Waste Registration Number 50267; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: commercial storage and processing; RULE VIOLATED: 30 TAC §335.2(a), 40 Code of Federal Regulations (CFR) §270.1(c), and Permit Number HW-50267, Provision II.B, by allegedly allowing the on-site storage of hazardous and industrial waste in unauthorized locations; 30 TAC §335.152(a)(8), incorporating 40 CFR §264.192(g), and Permit Number HW-50267, Provision III.C, by failing to clearly document that the secondary containment system surrounding four hazardous waste tanks had been certified; 30 TAC §335.431(c), incorporating 40 CFR §268.50(a)(2)(i), and Permit Number HW-50267, Provision V.M, by failing to mark containers of hazardous waste to clearly identify their contents; and 30 TAC §335.152(a)(4), incorporating 40 CFR §264.73(b)(1) and (2), and Permit Number HW-50267, Provisions VI.A.3 and VI.B.4, by failing to maintain an adequate tracking inventory for hazardous waste; PENALTY: $16,000; ENFORCEMENT COORDINATOR: Billie Zaporteza, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(39)COMPANY: Sherwin Williams Company; DOCKET NUMBER: 1999-0999-AIR-E; IDENTIFIER: Air Account Number DB-0728-N; LOCATION: Garland, Dallas County, Texas; TYPE OF FACILITY: paint plant; RULE VIOLATED: 30 TAC §101.10 and the Act, §382.085(b), by failing to submit an emissions inventory; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

(40)COMPANY: Tosco Marketing Company; DOCKET NUMBER: 1999-1465-AIR-E; IDENTIFIER: Air Account Number EE-1028-O; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.252(2) and the Act, §382.085(b), by allegedly allowing the transfer of gasoline from a storage vessel which may be ultimately used in a vehicle; PENALTY: $600; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 7500 Viscount Boulevard, Suite 147, El Paso, Texas 79925-5633, (915) 778-9634.

(41)COMPANY: Mike Fite dba Tri City Beach Road Grocery; DOCKET NUMBER: 1998- 0908-PWS-E; IDENTIFIER: Enforcement Identification Number 12769; LOCATION: near Baytown, Chambers County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.106 and the Code, §341.033(d), by failing to submit water samples for bacteriological analysis; and 30 TAC §290.103(50), by failing to provide public notice regarding failure to sample; PENALTY: $600; ENFORCEMENT COORDINATOR: Paul Beasley, (512) 239-1759; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(42)COMPANY: Delbert W. Van Cleve; DOCKET NUMBER: 1999-1127-OSI-E; IDENTIFIER: Installer Identification Number OS4173; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: on-site sewage installer; RULE VIOLATED: the Code, §366.054, by failing to notify the necessary permitting authority of intent to begin construction; 30 TAC §285.58(a)(3) and (11), and the THSC, §366.051(c), by failing to obtain proof of a permit and authorization prior to construction, schedule a pre-inspection, and obtain final inspection of the Tiller and Johns on-site sewage facility before beginning operation; PENALTY: $500; ENFORCEMENT COORDINATOR: Kristi Jones, (512) 239-1258; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(43)COMPANY: Gary Weaver dba Weaver Auto Brokers; DOCKET NUMBER: 1999-1250- AIR-E; IDENTIFIER: Air Account Number DF-0477-R; LOCATION: Lewisville, Denton County, Texas; TYPE OF FACILITY: used car lot; RULE VIOLATED: 30 TAC §114.20(c)(1) and the Act, §382.085(b), by allegedly offering for sale a vehicle with missing or inoperable emission control devices; PENALTY: $500; ENFORCEMENT COORDINATOR: Michael De La Cruz, (512) 239-0259; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 469-6750.

TRD-200001183

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: February 15, 2000

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Texas Water Code (the Code), §7.075. Section 7.075 requires that before the TNRCC may approve the AOs, the TNRCC shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register not later than the 30th day before the date on which the public comment period closes, which in this case is March 27, 2000 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withdraw or hold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the TNRCC's Orders and permits issued pursuant to the TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable Regional Office listed as follows. Written comments about the AOs should be sent to the attorney designated for the AO at the TNRCC's Central Office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 27, 2000 . Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(l) COMPANY: Helen Ables; DOCKET NUMBER: 1998-0582-PST-E; TNRCC IDENTIFICATION (ID) NUMBERS: 12509, 12528, 12529, 12531, 12533, and 12538; LOCATIONS: 4403 Corsicana Highway, Bellmead, McLennan County, Texas; 1300 New Dallas Highway, Waco, McLennan, Texas; Farm-to-Market Road 1242 off Interstate Highway 35, Hill County, Texas; 1300 East Waco Drive Waco, McLennan, Texas; 1422 New Dallas Highway, Waco, McLennan County, Texas; and 1423 New Dallas Highway, Waco, McLennan County, Texas; TYPE OF FACILITY: underground storage tanks (UST); RULES VIOLATED: 30 TAC §334.21(a) by failing to pay the registration fees for each of the USTs within 30 days of assessment notification; 30 TAC §334.54(d)(l)(B) by failing to initiate procedures to permanently remove from service, bring back into service, or appropriately upgrade in accordance with current requirements; and 30 TAC §334.22 by failing to pay the outstanding fees and late fees for the l6 USTs; PENALTY: $15,000; STAFF ATTORNEY: Heather Otten, Litigation Division, MC 175, (512) 239-1738; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(2) COMPANY: Biosolids Management, Incorporated; DOCKET NUMBER: 1998-0311-SLG- E; TNRCC ID NUMBER: 22430; LOCATION: 12 miles west of Alvin and 4.5 miles north of Rosharon, west of and adjacent to Farm-to-Market Road 521, Brazoria County, Texas; TYPE OF FACILITY: beneficial use of sludge site; RULES VIOLATED: 30 TAC §312.44(i)(1) and (3) by failing to apply sludge uniformly over the surface of the land at the site and by applying sludge during rainstorms and during periods in which surface soils were water-saturated at the site; and 30 TAC §312.144(a)(1)-(4) by failing to have the required markings, labels, or registration stickers on its trucks used to transport sludge; PENALTY: $14,500; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Hobas Pipe USA, Incorporated; DOCKET NUMBER: 1999-0707-AIR-E; TNRCC ID NUMBER: HG-1531-T; LOCATION: 1413 East Richey Road, Houston, Harris County, Texas; TYPE OF FACILITY: styrene pipe manufacture; RULES VIOLATED: 30 TAC §101.10(e) by failing to meet the annual emission inventory deadline of March 31, 1998; 30 TAC §116.115(a) and Air Quality Permit Number 17434, Special Provision Number 1 by using resin in amounts exceeding its permit limitation of 1,606 pounds per hour on three occasions; 30 TAC §116.115(a) and Air Quality Permit Number 17434, Special Provision Numbers 5 and 8 by constructing a pipe manufacturing area which was not equipped with emission controls and by failing to vent all operational areas through the exhaust stacks; 30 TAC §116.115(a) and Air Quality Permit Number 17434, Special Provision Number 10 by using diesel fuel in its generators instead of sweet natural gas or first-run Number 2 fuel oil; 30 TAC §116.116(a) and Air Quality Permit Number 17434 by failing to make complete and accurate representations about operations including: failing to represent Cobalt Hex-CEM and Terbutyl Catechol as chemical inhibitors, failing to represent 100 percent styrene usage, failing to represent the use of a rubberized material with a mix of styrene, vinyl ester resin, catalyst and polyester fibers to manufacture pipe couplings, and failing to include a 2.5 million british thermal units per hour boiler in its application for an air quality permit; 30 TAC §116.115(a) and Air Quality Permit Number 17434, Special Provision Number 13 by failing to account for 1,320,662 pounds of resin in its emissions calculations; and 30 TAC §116.115(a) and Air Quality Permit Number 17434, Special Provision Number 17 by failing to mark all equipment with emission point numbers as required in the maximum allowable emission rate table; PENALTY: $12,700; STAFF ATTORNEY: Nathan Block, Litigation Division, MC 175, (512) 239-4706; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Love's Country Stores, Incorporated; DOCKET NUMBER: 1999-0768-OSS-E; TNRCC ID NUMBER: 16539; LOCATION: northeast corner of U.S. Highway 183 and Interregional Highway 10 in Luling, Caldwell County, Texas; TYPE OF FACILITY: convenience store; RULES VIOLATED: 30 TAC §285.58(a)(6) and Texas Health and Safety Code, §366.004 by allowing the discharge of partially treated waste water effluent; PENALTY: $1,875; STAFF ATTORNEY: Robin Houston, Litigation Division, MC 175, (512) 239-0682; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

TRD-200001189

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: February 15, 2000

Notice is hereby given that under the requirements of Texas Health and Safety Code, §382.017 and Texas Government Code, Subchapter B, Chapter 2001, the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning revisions to 30 TAC Chapter 113, National Emission Standards for Hazardous Air Pollutants for Source Categories.

The commission proposes to incorporate by reference 38 new and amended federal Maximum Achievable Control Technology (MACT) standards for the control of hazardous air pollutant emissions from specific source categories. MACT standards are found in 40 Code of Federal Regulations Part 63. Sections 113.110, Synthetic Organic Chemical Manufacturing Industry (SOCMI), Subpart F; 113.120, Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transport Operations and Wastewater, Subpart G; and 113.130, Organic HAP for Equipment Leaks, Subpart H are part of the National Emission Standards for Organic Hazardous Air Pollutants from SOCMI (HON). The HON was adopted as a control measure in the ozone nonattainment areas in the State Implementation Plan (SIP) and therefore, the amendments to these subparts will be considered a revision to the SIP.

A public hearing on the proposal will be held March 20, 2000 at 10:00 a.m. in Room 201A of the TNRCC in Building B, at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and answer questions before and after the hearing.

Comments may be submitted to Bettie Bell, Office of Environmental Policy, Analysis, and Assessment (OEPAA), MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., March 27, 2000, and should reference Rule Log Number 1999- 082-113-AI. For further information, please contact Alen Henderson, OEPAA at (512) 239-1510 or Steve Hagle, Air Permits Division at (512) 239-1295.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible.

TRD-200001085

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: February 14, 2000

Notice is hereby given that pursuant to the requirements of the Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations (CFR), §51.102, of the United States Environmental Protection Agency (EPA) regulations concerning State Implementation Plans (SIP), the Texas Natural Resource Conservation Commission (commission) will conduct a public hearing to receive testimony regarding revisions to 30 TAC Chapter 113, Subchapters A and D, concerning hospital/medical/infectious waste incinerators and to the State Plan for the Control of Designated Facilities and Pollutants.

The commission proposes an amendment and new sections to Chapter 113 and revisions to the state plan to implement the emissions guidelines for existing hospital/medical/infectious waste incinerators as promulgated by the EPA in Title 40 CFR Part 60, Subpart Ce, Emissions Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators, adopted September 15, 1997.

A public hearing on this proposal will be held in Austin on March 21, 2000 at 2:00 p.m. in Building F, Room 2210 at the commission complex, located at 12100 Park 35 Circle. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes before the hearing and will answer questions before and after the hearing.

Comments may be submitted to Lola Brown, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., March 27, 2000 , and should reference Rule Log Number 1998-012-113- AI. For further information, please contact Alan Henderson, (512) 239-1510.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible.

TRD-200001200

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: February 16, 2000

Notice is hereby given that pursuant to the requirements of the Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102, of the United States Environmental Protection Agency (EPA) regulations concerning State Implementation Plans (SIP), the Texas Natural Resource Conservation Commission (commission) will conduct public hearings to receive testimony regarding revisions to 30 TAC Chapter 114 and the SIP, concerning Regional Gasoline Program.

The commission proposes the actions to §§114.301, 114.302, 114.304 - 114.309, in order to control ground-level ozone in the 95-county East Texas Regional Control Zone. The proposed revisions will require volatility controls on gasoline in the 95-county area with no increase in the use of methyl-tertiary-butyl-ether by producers to meet the volatility requirements, remove the sulfur requirements, require registration by gasoline producers and importers, and enhance the enforcement mechanisms. The corresponding SIP revision will address the Reid Vapor Pressure portion of the commission's rule proposal.

Public hearings on this proposal will be held at the following times and locations:

* March 22, 2000, 7:00 p.m. in the Longview City Hall Council Chambers, 300 West Cotton Street, Longview; and

* March 23, 2000, 2:00 p.m. in Building E, Room 201S, Texas Natural Resource Conservation Commission Complex, 12100 Park 35 Circle, Austin.

The hearings are structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearings; however, agency staff members will be available to discuss the proposal 30 minutes before each hearing and will answer questions before and after the hearings.

Comments may be submitted to Lola Brown, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., March 27, 2000 , and should reference Rule Log Number 2000-002-114-AI. For further information, please contact Bob Reese, (512) 239-1439 or Alan Henderson, (512) 239-1510.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible.

TRD-200001198

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: February 16, 2000

Notice is hereby given that under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102, of the United States Environmental Protection Agency (EPA), regulations concerning State Implementation Plans (SIP), the Texas Natural Resource Conservation Commission will conduct a public hearing to receive testimony concerning revisions to the State Implementation Plan (SIP) concerning Emission Reduction Strategy for Eastern and Central Texas and Northeast Texas Flexible Attainment Region.

The agreed order and revised SIP would make certain local ozone precursor emission reductions federally enforceable. Alcoa Inc. has committed to obtaining these reductions through the following means: modifying the windbox compartment by installing a separate overfire air in Boiler Number 2 as required by Standard Permit Number 42739 when the modification is complete but no later than December 31, 2000; modifying the windbox compartment by installing a separate overfire air in Boiler Number 1 by no later than December 31, 2001; and modifying the windbox compartment by installing a separate overfire air in Boiler Number 3 by no later than December 31, 2002. These oxides of nitrogen reductions implement control strategies outlined in Section 2.5.3 of the proposed Emission Reduction Strategy for the Eastern and Central Portion of Texas.

A public hearing on this proposal will be held in Rockdale, Texas on March 23, 2000, at 2:00 p.m. at the Patterson Civic Center located at 609 Mill Avenue. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Written comments may be mailed to Lola Brown, MC 205, Office of Environmental Policy, Analysis, and Assessment, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., March 27, 2000 , and should reference Rule Log Number 99022-alc-AI. For further information on this proposal, please contact Heather Evans of the SIP Development Section at (512) 239-1970.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible.

TRD-200001199

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: February 16, 2000

WILLIAMS TERMINALS HOLDINGS, L. L. C. has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a temporary water use permit to divert and use 82 acre-feet of water at a maximum diversion rate of 3.90 cfs (cubic feet per second) / 1750 gpm (gallons per minute) for mining (hydrostatic testing of tank) purposes during a one month period from the San Jacinto River (Houston Ship Channel), San Jacinto River Basin. The requested water will be diverted from a point approximately 1.0 mile east of Galena Park and 1.0-river mile upstream of the confluence of Greens Bayou and the Houston Ship Channel, Harris County, Texas. Public notice of the application is being mailed to all of the water right holders downstream of the applicants diversion point to the terminus of the Houston Ship Channel at Burnet Bay. The temporary permit, if issued, will be junior in priority to all senior and superior water rights in the San Jacinto River Basin.

Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by March 1, 2000 . A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

The TNRCC may grant a contested case hearing on this application if a written hearing request is filed by March 1, 2000 The Executive Director may approve the application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (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) the location and distance of your property relative to the proposed activity. You may also submit your proposed adjustments to the application/permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. If a hearing request is filed, the TNRCC 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.

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, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103 at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

TRD-200001205

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: February 16, 2000

F. JOE PRIESLER, JR., JO ANN PRIESLER, JAMES A. PRIESLER, DOROTHY PRIESLER, ROBERT A. PRIESLER AND KAREN PRIESLER, Route 2, Box 225R, East Bernard, Texas, 77435, applicants, seek a permit pursuant to §11.121, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC §§ 295.1, et seq. The applicants seek authorization to divert not to exceed 152 acre- feet of water per year from a point on West Bernard Creek, tributary of the San Bernard River, Brazos-Colorado Coastal Basin for irrigation of 70 acres of land out of a 118.636 acre tract in the David Hamilton Original Survey, Abstract No. 26, Wharton County. Ownership of the land to be irrigated by applicants is evidenced by a Warranty Deed recorded in Volume 310Pages 279-284 in the Official Records of Wharton County, Texas. The water will be diverted from the creek at a maximum rate of 3.12 cfs (1400 gpm) at a point that is S 20 degreesW, 15,150 feet from the north corner of the referenced survey, also being 29.39 degrees N Latitude and 96.037degrees W Longitude. Water diverted but not consumed will be returned to two points on West Bernard Creek, downstream of the proposed diversion point. The return points are described as follows: 1. At a point that is S 8 degrees W, 15,100 feet from the aforesaid survey corner, also being 29.39 degrees N Latitude and 96.028 degrees W Longitude. The estimate annual amount of return flow to this point is 10 acre-feet of water. 2. At a point that is S 14.17 degrees W, 15,550 feet from aforesaid survey corner, also being 29.37 degrees N Latitude and 96.033 degrees W Longitude. The estimated annual amount of return flow to the this point is 5 acre-feet of water.

The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.

To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and 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) the location and distance of your property relative to the proposed activity. You may also submit any proposed conditions to the requested amendment which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TNRCC Office of the Chief Clerk at the address provided in the information section below. If a hearing request is filed, the Executive Director will not issue the requested amendment and may forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

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

TRD-200001204

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: February 16, 2000

The State Office Administrative Hearing has issued a Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on February 8th 2000 .In the matter of the Executive Director of the Texas Natural Resource Conservation Commission ,Petitioner vs. Richard Cornett dba Quick Service Bail Bonds, Respondent ; SOAH Docket Number 582-99-1124;TNRCC Docket Number 1998-1003-PST-E. In the matter to be considered by the Texas natural Resource Conservation Commission on a date and time to be determined by the Chief Clerk's Office in Room 201S of Building E, 12118 North Interstate 35, Austin, Texas.

This posting is Notice of Opportunity to comment on Proposal for Decision and Order. Comment period will end 30 days from date of publication. If you have any questions or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512) 239-3317.

TRD-200001203

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: February 16, 2000

The executive director of the Texas Natural Resource Conservation Commission (TNRCC or commission) is issuing a public notice of intent to delete (delist) a facility from the state registry (state Superfund list) of sites which 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 site proposed for deletion is the Houston Scrap state Superfund site that was originally proposed for listing on the state Superfund registry on October 16, 1987 (13 TexReg 427-428).

The Houston Scrap state Superfund site, including all land, structures, appurtenances, and other improvements, is approximately 20 acres, and is located at 3799 Jensen Drive, Houston, Harris County, Texas. In addition, the site includes any areas outside the site property boundary where hazardous substance(s) came to be located as a result, either directly or indirectly, of releases of hazardous substance(s) from the site property. Following deletion, the site (except for the fenced-in area of the containment cell) would be suitable for commercial/industrial use.

Houston Scrap was previously a rendering facility until approximately 1976, when the aluminum and lead-acid battery recycling began along with various other scrap metal recovery activities. It was estimated that the site contained about 7,500 cubic yards of used battery casings, scrap metal, used 55- gallon drums, household garbage, and approximately 1,000 used car and truck tires. Lead contamination was documented in the soil from residue washed from the used battery casings that were left exposed to wind and rain. Some soil was also contaminated with polychlorinated biphenyls. The metals contamination was generally confined to the upper six inches of soil.

Contaminated soil was excavated to a nonresidential cleanup level, consolidated on-site, and covered by an engineered cap to minimize leaching of contaminants to the groundwater. While groundwater remediation was not addressed as part of the cleanup, monitoring wells have been installed to detect any impact of the containment cell on the groundwater at the site.

A lien for recovery of environmental remediation costs has been filed by the TNRCC on the real property. The deed certification of remediation notices the owner, prospective purchasers and lessors of the property of the existence of the fenced-in contamination cell and cap, and the requirement that the property owner is responsible for maintenance of and compliance with engineered or institutional controls required by TNRCC.

The engineering and institutional controls required by TNRCC include maintenance of the fence around the containment cell, posting of signs warning of the presence of hazardous material in the cell, maintenance of the cap over the consolidated waste material in the containment cell, biannual monitoring of groundwater for the presence of antimony, arsenic, beryllium, and lead. There are seven monitoring wells around the containment cell inside the fence.

Future use of the property is considered appropriate for commercial/industrial use according to risk reduction standards applicable at the time of this filing.

The executive director has determined that this site no longer presents an imminent and substantial endangerment to public health and safety and the environment and is therefore eligible for deletion from the list of sites proposed for the state Superfund registry in accordance with 30 TAC §335.344(c).

In accordance with 30 TAC §335.344(b), the TNRCC will hold a public meeting to receive comment on this intended deletion. This meeting will not be considered a contested case hearing within the meaning of Texas Government Code, Chapter 2001. The meeting will be held on March 28, 2000 at 7:30 p.m. at the Eva Alice McCrane Kashmere Gardens Branch Library, 5411 Pardee Street in Houston, Texas.

All comments or inquiries regarding the proposed deletion of the Houston Scrap state Superfund site should be submitted to Subhash C. Pal, P.E., Texas Natural Resource Conservation Commission, Superfund Cleanup Section, Remediation Division, MC 143, P.O. Box 13087, Austin, Texas 78711- 3087; telephone numbers (800) 633-9363 (within Texas only) or (512) 239-4513. A portion of the record for this site including documents pertinent to the executive director's determination are available for review during regular business hours at the Eva Alice McCrane Kashmere Gardens Branch Library, 5411 Pardee Street, Houston. The complete public file may be reviewed during regular business hours at the commission's 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-200001195

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: February 15, 2000

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on February 8, 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 Maverix.net, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 22102 before the Public Utility Commission of Texas.

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

Applicant's requested SPCOA geographic area includes the area of Texas comprising the Dallas, Houston, San Antonio, Austin, Corpus Christi, Midland, Abilene, Lubbock, Amarillo, Brownsville, Wichita Falls, El Paso, Fort Worth, Waco, Beaumont and San Angelo Local Access and Transport Areas.

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 March 1, 2000. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200001042

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 10, 2000

On February 7, 2000, Southwestern Bell Telephone Company and GST Telecom, 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 22099. 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 22099. 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 March 8, 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 22099.

TRD-200001006

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 9, 2000

On February 10, 2000, Southwestern Bell Telephone Company and New Edge Network, Inc. doing business as New Edge Networks, 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 22111. 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 22111. 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 March 13, 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 22111.

TRD-200001192

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 15, 2000

On February 10, 2000, Southwestern Bell Telephone Company and In-Touch 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 22112. 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 22112. 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 March 13, 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 22112.

TRD-200001191

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 15, 2000

On February 8, 2000, Southwestern Bell Telephone Company and Metro Connection, 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 22101. 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 22101. 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 March 8, 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 22101.

TRD-200001007

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 9, 2000

The Public Utility Commission of Texas (commission) proposes a new form, Earnings Monitoring Report for Non-IOU Transmission Service Providers to be used by utilities to fulfill the requirements of the commission's Substantive Rule §25.193(a)(5). Project Number 21496 is assigned to this proceeding. The proposed form will be used in the determination of any excess earnings related to the provision of transmission service by non-investor owned utility (non-IOU) transmission service providers required to file the report.

Copies of the proposed form are available in the commission's Central Records Division, Room G-113, under Project Number 21496 or through the commission's web page at www.puc.state.tx.us.

In addition to comments on the proposed new form, the commission also requests comments on the following:

Interested parties are asked to provide proposed methodologies with numerical examples for weather adjustments to ERCOT peak and hence to utilities' revenues. These comments will be used to develop Schedule IX - Normalization Adjustments to Revenue .

Written comments on the proposed form or proposed methodologies may be submitted to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, Austin, Texas 78701 within 20 days after publication of this notice. Reply comments, if any, should be submitted 30 days after publication of this notice. All comments should refer to Project Number 21496.

Any questions pertaining to the proposed form or proposed methodologies should be directed to Ruth Stark at (512) 936-7460 or ruth.stark@puc.state.tx.us. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200001082

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 11, 2000