Notice is hereby given that the Bureau of Radiation Control (bureau) ordered Tracer Laboratory of Midland, Inc. (licensee-L03298, revoked) and Ronald L. Dill of Midland to immediately cease and desist use of any radioactive material. The order also requires the licensee and Mr. Dill to immediately impound the radioactive material in place or transfer it, for storage or disposal, to a company authorized to possess the radioactive material. The bureau determined that continued unauthorized possession and/or use of the radioactive material without a valid license constitutes an immediate threat to public health and safety, and the existence of an emergency.

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, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200003661

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 24, 2000

PURPOSE. Trauma can occur anywhere, at any time. To help prevent death or disability, critical trauma victims must reach definitive care within a short period of time, often called the "golden hour". A set of resources must be in place and immediately accessible at all times to ensure that critical trauma victims are treated within this "golden hour". These resources include informed citizens, communications systems, pre-hospital care providers, and multidisciplinary trauma teams in emergency departments. With the inclusion of public information, prevention activities, and rehabilitation, this coordination of resources is called a trauma system. Studies have shown that coordination of the emergency medical resources available in an area can result in a major decrease in preventable trauma deaths.

This program is administered by the Bureau of Emergency Management (Bureau) of the Texas Department of Health (department). The program provides reimbursement for approved costs incurred for a specific project completed during a specified contract period, October 1, 2000 - August 31, 2001.

DESCRIPTION. The department is accepting proposals for projects to increase the availability and quality of hospital trauma care. Applicable projects are those that, upon completion, can demonstrate a positive impact on the delivery of trauma care in the facility, increased coordination of regional systems, and/or decreased incidence of trauma. Eligible projects include durable medical and computer equipment, education and training, injury prevention activities, and participation in regional and state Trauma System activities required to achieve or maintain Trauma Designation.

PREFORMANCE REQUIREMENT: Contracts will be developed between the department and successful applicants. The contract will be for eleven months and will detail items such as budget, reporting requirements, department General Provisions, and any other specifics that might apply to the award. Hospitals designated as a trauma facility as of July 31, 2000, facilities actively seeking designation (having shown a commitment to become designated by having a survey, submitting a survey report, or submitting a complete level I, II, III, or IV Trauma Facility Designation application between May 1, 1999 and July 31, 2000, and organizations representing department designated trauma facilities and those facilities actively seeking designation will be considered. The grant provides reimbursement for an approved project and associated costs which are reasonable and necessary and which are incurred after the grant award is made and during the stated contract period only. Reimbursement may be withheld and a request for return of funds may be necessary if any of the stated requirements of this grant are not met. It will be the responsibility of the grant recipient to maintain a record of all costs and activities related to the administration of the project. Projects must start on or after October 1, 2000 and must be completed prior to August 31, 2001.

Awards will be a minimum of $2,500 and a maximum of $25,000.

Any project involving the purchase of computers and computer related items, including accessories and software, must be thoroughly described within the proposal. An appropriate description would be "300 MHz Pentium Processor, 64 MG RAM, 6.0 GB hard drive, 56K modem, 24X CD ROM." Also, a similar description of make and model for the printer, monitor, and any software is essential.

The program only provides reimbursement for approved costs associated with the implementation of the approved project. Projects will be funded until funds have been exhausted or preset limits reached. Examples of costs that are not applicable for funding include items such as salaries, fringe benefits, indirect costs, disposable supplies, and day-to-day operating expenses (e.g. insurance, loan payments, rent, etc.). Land purchases or building funds do not qualify as applicable projects under this program.

Should a project not be completed or the full allocation of funding not be used, the department may redistribute funds at its discretion. The department reserves the right to fund projects at any level considered appropriate, according to the availability of funds and justification for need. Any costs incurred prior to the contract start date (October 1, 2000) will not be eligible for reimbursement.

ELIGIBLE APPLICANTS. Grant applications from the following organizations will be considered: hospitals that have accomplished any of the following steps toward trauma facility designation by July 31, 2000: designated Level I, II, III, or IV trauma facilities; hospitals that have submitted a complete level I, II, III, or IV trauma facility designation application; hospitals that have completed a trauma facility survey and are awaiting designation; and organizations, such as Regional Advisory Council (RACs) representing department designated trauma facilities and those facilities actively seeking designation. Applicant must meet their RAC's participation requirements.

CONTACT. Information concerning the Request for Proposals (RFP) may be obtained from Ed Loomis, Grants Program Manager, Bureau of Emergency Management, Texas Department of Health, 1100 West 49th Street, Austin Texas 78756, Telephone (512) 834-6700 ext. 2376, Fax (512) 834-6611 or email ed.loomis@tdh.state.tx.us.

LIMITATIONS. The department reserves the right to reject any or all applications and is not liable for costs incurred by the applicant in the development, submission, or review of the application. Costs incurred in the preparation of the application shall be borne by the applicant and are not allowable in the RFP.

The department reserves the right to alter, amend, or modify any provisions of this RFP, or to withdraw this RFP, at any time prior to the award of a contract pursuant thereto, if in the best interest of the department or the State of Texas to do so. The decision of the department will be administratively final in this regard.

DEADLINE. The deadline for submitting the application, original proposal, applicable forms, plus three copies of each will be 5:00 p.m., Central Daylight Saving Time, August 4, 2000. The application page and proposal may be faxed to (512) 834-6611, and may be counted as one of the required copies. Only those original proposals and copies, which are postmarked or received by 5:00 p.m. Central Daylight Saving Time on or before August 4, 2000 will be reviewed regardless of the circumstances. Applications may be mailed, hand delivered, or faxed. If delivered by hand, the proposal must be taken to the Exchange Building, Bureau of Emergency Management, 8407 Wall Street, Suite S220, Austin, Texas, no later than the specified deadline.

The original and three copies of the completed application, applicable forms, and proposal should be submitted to Kathryn C. Perkins, Bureau Chief, Attention: Hospital System Development Grant Program, Bureau of Emergency Management, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199.

EVALUATION AND SELECTION: Grant applications from the following organizations will be considered. Hospitals designated as a trauma facility as of July 31, 2000, facilities actively seeking designation (having shown a commitment to become designated by having a survey, submitting a survey report, or submitting a complete level I, II, III, or IV Trauma Facility Designation application between 5/1/99 and 7/31/00), and organizations representing department designated trauma facilities and those facilities actively seeking designation will be considered, and organizations (such as RACs) representing department designated trauma facilities and those facilities actively seeking designation. Applicant must meet their RAC's participation requirements to be considered for funding.

Proposals will be reviewed and evaluated based on information provided by the applicant. Eligibility criteria includes, but is not limited to: proposal received or postmarked by 5:00 p.m., Central Daylight Saving Time, August 4, 2000; all signatures included; project can be completed by August 31, 2001; agency has not made any purchases prior to October 1, 2000; proposal does not exceed ten pages, including attachments; proposal is typed or computer generated (does not apply to application page). In addition, applications between multiple organizations (three or more organizations) will be allowed one additional page per organization with a maximum of twenty pages.

Evaluation criteria:

Level of Trauma Designation,

Only Trauma Designated Facility in county,

Lead" Designated Facility,

Level of Regional Advisory Council participation (letter of endorsement recommended),

Number of agencies benefiting from proposal,

Letters of support,

Emergency Department patient population vs. population served,

Average length of stay in Emergency Department for trauma patients,

Average transport distance to a higher-level trauma designated facility,

Detailed project budget included,

Detailed project timeline included,

Type of county (frontier, rural, or urban),

Method of project evaluation,

Current, pending, or past complaints, and

Commitment to trauma education.

Multi-entity proposals include: (three or more organizations)

Name of hospital(s),

Justification of hospitals' need, and

Description of each project for each hospital.

Proposals will be reviewed to ensure all budget items requested are applicable and appropriate, and that implementation of the proposed project is possible. Tentative approval will be given by the Chief of the Bureau of Emergency Management and the Associate Commissioner for Health Care Quality and Standards. Final approval will be given by the Commissioner of Health or the Commissioner's appointed agent. All projects not funded will remain active until the end of the funding cycle for consideration in the event funding becomes available.

The department strongly supports the concept of cooperative applications between multiple providers, and applications that clearly demonstrate and document regional projects involving multiple service organizations. In the event of a cooperative application between multiple entities being submitted, an itemized proposal must be provided to clearly identify equipment/training allocation. Though not a prerequisite for this grant, The department encourages all applicants to pursue such cooperative agreements. Additionally, preference will be given to proposals that are most economical. For additional information contact Ed Loomis, Grants Program Manager, 1100 W. 49th Street, Austin, Texas 78756, (512) 834-6700 or email ed.loomis@tdh.state.tx.us.

TRD-200003656

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 24, 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: Gulf Coast Family Medical Center, Angleton, R19957, April 27, 2000; Greater Houston Physician Network, Houston, R16171, April 27, 2000; John B. Glenn, D.C., P.C., Abilene, R24249, April 27, 2000; La Primera Chiropractic, Laredo, R23511, April 27, 2000; Clawson Family Chiropractic Center, Arlington, R19150, April 27, 2000; Rickey A. Watson, D.P.M., Fort Worth, R16963, April 27, 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, telephone 512/834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200003660

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 24, 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: Imaging Sales and Service, Inc., Fort Worth, R19567, March 28, 2000; E for M Imaging Systems, Division of Marquette Medical Systems, Torrance, California, R19004, March 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, Telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200003662

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 24, 2000

The Texas Department of Health (department) gives notice that it has amended uranium by- product material license L02449 issued to USX, Texas Uranium Operations (mailing address: USX, Texas Uranium Operations, Drawer V, George West, Texas 78022). Amendment number six provides a deadline for completion of reclamation activities to conditions that will allow for unrestricted use of the property consistent with its original use.

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

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

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

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

TRD-200003659

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 24, 2000

The Administrator of the Drug Enforcement Administration (DEA) has issued a final rule which places the substance gamma-hydroxybutyric acid (GHB) and its salts, isomers, and salts of isomers, into Schedule I of the Federal Controlled Substances Act pursuant to Public Law 106-172. In addition, this final rule places Food and Drug Administration (FDA)-approved products containing GHB into Schedule III, if or when they are approved. GHB is a drug classified as a central nervous system depressant. It is not approved for marketing as a medicine in the United States, although FDA-authorized studies are in progress to examine its potential use in the treatment of cataplexy associated with narcolepsy. GHB is abused to produce euphoric and hallucinogenic states, and for its alleged role as a growth hormone releasing agent to stimulate muscle growth. This action was based on the following:

(1) "The Samantha Reid and Hillory J. Farias Date-Rape Prevention Act of 1999" (Public Law 106-172) declared that the abuse of GHB is an imminent hazard to the public safety, and directed the Attorney General to issue a final order placing GHB in Schedule I;

(2) GHB has a high potential for abuse relative to substances controlled in Schedules III, IV, and V;

(3) GHB has no accepted medical use, and when manufactured clandestinely, it is unsafe for use under medical supervision; however,

(4) because of the low potential for physical and psychological dependence, authorized formulations of GHB will be placed in Schedule III.

Pursuant to Section 481.034(g), as amended by the 75th legislature, of the Texas Controlled Substances Act, Chapter 481, Health and Safety Code, and at least thirty days having expired since notice of the above referenced action was published in the Federal Register, and in my capacity as Commissioner of the Texas Department of Health, I do hereby order that the substance gamma-hydroxybutyric acid be added to Schedule I and Schedule III of the Texas Controlled Substances Act.

Schedule I of said Act is hereby amended to read as follows:

SCHEDULE I

Schedule I consists of:

Schedule I opiates ***

Schedule I opium derivatives***

Schedule I hallucinogenic substances***

Schedule I stimulants***

Schedule I depressants

unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant on the central nervous system, including the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

*(1) Gamma-hydroxybutyric acid (some other names include GHB; gamma -hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate);

(2) Mecloqualone; and,

(3) Methaqualone.

Schedule III of the Act is hereby amended to read as follows:

SCHEDULE III

Schedule III consists of:

Schedule III depressants

unless listed in another schedule and except as provided by the Texas Controlled Substances Act, Health and Safety Code, §481.033, a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

(1) a compound, mixture, or preparation containing amobarbital, secobarbital, pento-barbital, or any of their salts and one or more active medicinal ingredients that are not listed in a schedule;

(2) a suppository dosage form containing amobarbital, secobarbital, pentobarbital, or any of their salts and approved by the Food and Drug Administration for marketing only as a suppository;

(3) a substance that contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances that are specifically listed in other schedules;

(4) Chlorhexadol;

*(5) Any drug product containing gamma hydroxybutyric acid, including its salts, isomers, and salts of isomers, for which an application is approved under section 505 of the Federal Food, Drug and Cosmetic Act;

(6) Ketamine, its salts, isomers, and salts of isomers. Some other names for ketamine: (±)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone;

(7) Lysergic acid;

(8) Lysergic acid amide;

(9) Methyprylon;

(10) Sulfondiethylmethane;

(11) Sulfonethylmethane;

(12) Sulfonmethane; and

(13) Tiletamine and zolazepam or any salt thereof. Some trade or other names for a tiletamine-zolazepam combination product: Telazol. Some trade or other names for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone. Some trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethyl-pyrazolo-[3,4-e][1,4]-diazepin-7(1H)-one, flupyrazapon;

Nalorphine

Schedule III narcotics***

Schedule III stimulants***

Schedule III anabolic steroids and hormones***

Changes to the schedules are designated by an asterisk (*)

TRD-200003657

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 24, 2000

The Texas Health and Human Services Commission (HHSC) and the Texas Department of Human Services (TDHS) will conduct a joint public hearing to receive public comment on proposed payment rates for the following Medicaid programs and services operated by TDHS: nursing facilities, swing beds, hospice-nursing facilities, and Bienvivir Waiver. These payment rates are proposed effective September 1, 2000. The joint hearing will be held in compliance with Title 1 of the Texas Administrative Code, §355.105(g), which requires public hearings on proposed payment rates for medical assistance programs. The public hearing will be held on June 15, 2000, at 9:30 a.m. in the Public Hearing Room (Room 125E) of the John H. Winters Human Services Building at 701 West 51st Street, Austin, Texas (First floor, East Tower). Written comments regarding payment rates set by the HHSC may be submitted in lieu of testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Pam McDonald, TDHS, MC W-425, P.O. Box 149030, Austin, Texas 78714-9030. Express mail can be sent to Ms. McDonald at TDHS, MC W-425, 701 West 51st Street, Austin, Texas 78751-2312. Hand-delivered written comments addressed to Ms. McDonald will be accepted by the receptionist in the lobby of the John H. Winters Human Services Building at 701 West 51st Street, Austin, Texas. Alternatively, written comments may be sent via facsimile to Ms. McDonald at (512) 438-3014. Interested parties may request to have mailed to them or may pick up a briefing package concerning the proposed payment rates by contacting Pam McDonald, TDHS, MC W-425, P.O. Box 149030, Austin, Texas 78714- 9030, telephone number (512) 438-4086.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Pam McDonald, TDHS, MC W-425, P.O. Box 149030, Austin, Texas 78714-9030, telephone number (512) 438-4086, by June 9, 2000, so that appropriate arrangements can be made.

TRD-200003669

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: May 24, 2000

The Texas Health and Human Services Commission will conduct a public hearing to receive public comment on the Change in the STAR+PLUS Program .

The public hearing is intended to provide the opportunity for public input and participation. Members of the public, clients of health and human service agencies, providers of services and other interested parties are encouraged to participate. Testimony and comments should focus on the nursing facility residents in the STAR+PLUS program.

The hearing will be held on Monday, June 12, 2000, at 1:00 P.M., Central Time in Rooms 1410 and 1420 of the Brown-Heatly Building, at 4900 North Lamar Boulevard, Austin, Texas. Written comments may be delivered by U.S. Mail or express mail to the attention of Ms. Cathy Rossberg, Texas Health and Human Services Commission, Medicaid Division, 4900 North Lamar Boulevard, 4th Floor, Austin, Texas 78751, until June 15, 2000.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or service should contact Ms. Sharon Dobbs at 512/424-6569 seven (7) days prior to the hearing so that appropriate arrangements can be made.

TRD-200003654

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: May 24, 2000

The Health and Human Services Commission State Medicaid Office has received approval from the Health Care Financing Administration to amend the Title XIX Medical Assistance Plan by Transmittal Number 00-06, Amendment Number 571.

The amendment updates the State plan to exclude wages paid by the Census Bureau for temporary employment related to Census 2000 activities from the income used to determine Medicaid eligibility. The amendment is effective March 1, 2000.

If additional information is needed, please contact JoAnn Molina, Texas Department of Human Services, at 512-438-3426.

TRD-200003653

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: May 24, 2000

This notice announces the availability of funds to be awarded on behalf of the Health and Human Services Commission (HHSC) by the Guardianship Alliance of Texas.

The purpose of this Request for Proposals (RFP) is twofold. The first purpose is to solicit proposals for new local guardianship programs to provide guardianship, less restrictive guardianship alternative services, and legal assistance for incapacitated persons who (1) do not have family members who are willing or able to be appointed as guardians and/or (2) have family members who are unable to afford the costs associated with obtaining a guardianship. The second purpose is to solicit proposals from existing guardianship programs that will expand to serve additional counties or to serve additional populations of incapacitated persons.

The review panel will choose at least four sites. The review panel will score the proposals on demonstrated need (with preference and additional points given if there is no existing local guardianship program in the county), comprehensive proposals, creative collaborative efforts, professional expertise and continued viability.

Applications must be received by HHSC, Guardianship Alliance of Texas, 4900 North Lamar Boulevard, 4th Floor, Austin, Texas 78751, no later than 5:00 p.m., June 23, 2000. Applications submitted after the deadline will not be considered. Proposals must be typewritten or word-processed and not exceed 20 single-sided, 8.5 by 11 inch pages. An original and three (3) copies (a total of four (4) copies) are also required when submitting a proposal.

Copies of the RFP will be available on May 26, 2000, and may be obtained by (1) contacting Kathleen Anderson, Director of the Guardianship Alliance of Texas at Texas Health and Human Services Commission, 4900 North Lamar, Boulevard, 4th Floor, Austin, Texas, 78751, 512-424-6599, via facsimile 512-424-6589, via E-mail at kathleen.anderson@hhsc.state.tx.us; or (2) on the HHSC website at www.hhsc.state.tx.us for a complete RFP. All questions relating to the RFP must to be submitted in writing by 5:00 p.m. on June 6, 2000. Questions pertaining to the RFP will be answered on or before June 14, 2000.

TRD-200003655

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: May 24, 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 Phase II Systems, Inc., a foreign third party administrator. The home office is Newport Beach, California.

Application for admission to Texas of Star Administrative Services, Inc., a foreign third party administrator. The home office is Phoenix, Arizona.

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-200003671

Bernice Ross

Deputy Chief Clerk

Texas Department of Insurance

Filed: May 24, 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 July 3, 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 a proposed Default Order 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 July 3, 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: Bismi Corporation; DOCKET NUMBER: 1999-1586-PST-E; TNRCC IDENTIFICATION (ID) NUMBER: 9778; LOCATION: 8772 Market Street Road, Houston, Harris County, Texas; TYPE OF FACILITY: underground storage tanks (UST); RULES VIOLATED: 30 TAC §115.242(3) by failing to perform the annual volume/liquid test for the Tokeim Stage II vapor recovery equipment installed at the site; 30 TAC §334.7(d)(1)(A) by failing to provide written notice to the executive director of any changes concerning ownership of the USTs at the site; and 30 TAC §334.21(a) by failing to pay annual facility fees for fiscal years 1998-2000; PENALTY:$4,000; STAFF ATTORNEY: Joshua Olszewski, Litigation Division, MC 175, (512) 239-3645; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas, 77023-1486, (713) 767-3500.

(2) COMPANY: Timothy Poole; DOCKET NUMBER: 1999-0625-OSI-E; TNRCC ID NUMBER: None; LOCATION: Farm-to-Market Road 2869 in Hawkins, Wood County, Texas; TYPE OF FACILITY: on-site sewage facility (OSSF); RULES VIOLATED: 30 TAC §285.50(b), (c), and (e), and §285.60(a) and Texas Health and Safety Code (THSC), §§366.01(4), 366.071, 366.075 by installing an OSSF at the T.R. Ainsworth residence without having the required registration or proof of registration to install an OSSF; 30 TAC §285.30(a) by failing to conduct a site evaluation and failing to collect information pertaining to soil structure, soil drainage, and soil depth; and THSC, §366.051(c) by installing the OSSF without obtaining authorization; PENALTY:$1,500; STAFF ATTORNEY: Camille Morris, Litigation Division, MC 175, (512) 239- 3915; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas, 75701-3756, (903) 535-5100.

(3) COMPANY: William D. Smith dba Sunset Mobile Home Park Number 2; DOCKET NUMBER: 1999-1057-MWD-E; TNRCC ID NUMBER: Water Quality Permit Number 12573-001, National Pollutant Discharge Elimination System (NPDES) Permit Number TX0090735; LOCATION: 6901 Ramona, Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULES VIOLATED: 30 TAC §305.125(17) and NPDES Permit Number TX0090735 by failing to submit his discharge monitoring reports (DMRs) for outfall 001A for the months of November 1998, January 1999, and April 1999; and 30 TAC §305.125(17) and NPDES Permit Number TX0090735 by failing to submit the quarterly fecal coliform DMR for outfall 001Q for the monitoring period of January 1, 1999 through March 31, 1999; PENALTY:$2,500; STAFF ATTORNEY: Mary R. Risner, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas, 77023-1486, (713) 767-3500.

(4) COMPANY: Mr. James Taylor; DOCKET NUMBER: 1999-0697-PST-E; TNRCC ID NUMBER: 0071908; LOCATION: 13820 Farm-to-Market Road 812, Del Valle, Travis County, Texas; TYPE OF FACILITY: automotive shop; RULES VIOLATED: 30 TAC §334.7(a)(1) and the Code §26.346(a) by failing to register an UST (in existence on or after September 1, 1987) with the commission, on authorized commission forms; and 30 TAC §334.55(a)(3) by failing to have the permanent removal of an UST conducted by qualified personnel; PENALTY: $3,150; STAFF ATTORNEY: Joshua Olszewski, Litigation Division, MC 175, (512) 239-3645; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas, 78758-5336, (512) 339-2929.

(5) COMPANY: Shawn Wilhoit; DOCKET NUMBER: 1999-0997-OSI-E; TNRCC ID NUMBER: None; LOCATION: 114 County Road 3225, Bridgeport, Wise County, Texas; TYPE OF FACILITY: OSSF; RULES VIOLATED: 30 TAC §285.50(b) and (c) and THSC, §366.071 by installing an OSSF without having the required installer certification; PENALTY: $625; STAFF ATTORNEY: Camille Morris, Litigation Division, MC 175, (512) 239-3915; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas, 76010-6499, (817) 469-6750.

TRD-200003612

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 23, 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 July 3, 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 July 3, 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: Samuel Alba dba Alba's Custom Iron Works; DOCKET NUMBER: 1999-1369-AIR-E; IDENTIFIER: Air Account Number HX-1453-V; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: ornamental iron fabrication; RULE VIOLATED: 30 TAC §116.110(a) and the Act, §382.085(b) and §382.0518(a), by conducting outdoor surface coating operations without a permit or satisfying the conditions of an exemption from permitting; and 30 TAC §115.421(a)(9)(A)(ii) and the Act, §382.085(b), by using noncompliant coatings which exceeded the volatile organic compound (VOC) emission limit of 3.5 pounds per gallon; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas, 77023-1486, (713) 767-3500.

(2) COMPANY: Blue Water Cove Water/Waste Water Supply Corporation; DOCKET NUMBER: 2000-0049-PWS-E; IDENTIFIER: Public Water Supply Number 2040059; LOCATION: Point Blank, San Jacinto County, Texas; TYPE OF FACILITY: community water system; RULE VIOLATED: 30 TAC §290.43(d)(3), by failing to provide the pressure tank with facilities for maintaining air-water volume at the design water level and working pressure; 30 TAC §290.46(p)(2), by failing to maintain the exterior coating on the pressure tank to provide adequate protection; 30 TAC §290.46(i), by failing to adopt an adequate plumbing ordinance, regulations, or service agreement with provisions for proper enforcement to ensure that neither cross-connections nor other unacceptable plumbing practices are permitted; 30 TAC §290.44(h)(1), by failing to provide an air gap separation or testable backflow prevention assembly device between the drinking water supply and the waste water treatment plant; 30 TAC §290.42(e)(8), by failing to protect the hypochlorite and polyphosphate solution containers to prevent the entrance of dust, insects, and other contaminants; 30 TAC §290.46(f)(1)(A), by failing to maintain a free chlorine residual of at least 0.2 milligrams per liter in the distribution system; 30 TAC §290.41(c)(1)(F), by failing to secure sanitary well easements from adjacent property owners; and 30 TAC §290.41(c)(3)(O), by failing to secure the well site with an intruder-resistant fence; PENALTY: $1,188; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas, 77703-1892, (409) 898-3838.

(3) COMPANY: Blueberry Hill Property Owners Association; DOCKET NUMBER: 2000-0070-PWS-E; IDENTIFIER: Public Water Supply Number 1840059; LOCATION: Azle, Parker County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.106(a) and the Act, §341.033(d), by failing to collect and submit routine monthly bacteriological samples; 30 TAC §290.106(e)(2), by failing to provide public notice of the failure to collect and submit routine monthly bacteriological samples; and 30 TAC §291.76, by failing to pay outstanding water regulatory assessment fees for the calendar years of 1992 through 1999; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Jayme Brown, (512) 239-1683; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas, 76010-6499, (817) 469-6750.

(4) COMPANY: Robert Wilson dba Brenham South Mobile Home Park; DOCKET NUMBER: 2000-0205-PWS-E; IDENTIFIER: Public Water Supply Number 2390047; LOCATION: Brenham, Washington County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.120(b), by failing to submit a Lead/Copper Sample Site Selection Form by December 31, 1998; and 30 TAC §290.120(c), by failing to collect and submit samples for lead and copper analysis for two semi-annual monitoring periods in calendar year 1999; PENALTY: $750; ENFORCEMENT COORDINATOR: Kimberly McGuire, (512) 239-4761; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas, 76710-7826, (254) 751-0335.

(5) COMPANY: Canyon Pipe Line Corporation; DOCKET NUMBER: 2000-0264-AIR-E; IDENTIFIER: Air Account Number SO-0007-V; LOCATION: Sterling City, Sterling County, Texas; TYPE OF FACILITY: natural gas compressor; RULE VIOLATED: 30 TAC §122.146(2) and the Act, §382.085(b), by failing to submit a Title V Permit Compliance Certification within 30 days of the end of the annual certification period; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas, 76903-7013, (915) 655-9479.

(6) COMPANY: RCL Enterprises, Incorporated dba Color Dynamics; DOCKET NUMBER: 2000-0258-AIR-E; IDENTIFIER: Air Account Number CP-0175-R; LOCATION: Allen, Collin County, Texas; TYPE OF FACILITY: offset lithographic printing; RULE VIOLATED: 30 TAC §122.121(a), §122.130(c)(2), and the Act, §382.085(b) and §382.054, by failing to submit a timely and complete abbreviated federal permit application and continuing to operate; and 30 TAC §116.110(a) and the Act, §382.085(b), by failing to maintain ink and solvent usage records for a two-year rolling retention period; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas, 76010-6499, (817) 469-6750.

(7) COMPANY: Elf Atochem North America, Inc.; DOCKET NUMBER: 1999-0536-AIR-E; IDENTIFIER: Air Account Number HG-0461-W; LOCATION: Crosby, Harris County, Texas; TYPE OF FACILITY: organic peroxides manufacturing; RULE VIOLATED: 30 TAC §115.121(a)(1), §116.115(a), §116.116(b), the Act, §382.085(b), and Permit Number 20970, by exceeding the hourly maximum allowable emission rate for VOC emissions from the Multi-Purpose Unit (MPU) scrubber; and 30 TAC §116.115(a), §116.116(b), the Act, §382.085(b), and Permit Number 6271, by exceeding the hourly maximum allowable emission rate for VOC emissions from the Continuous Perester Unit (CPU) drying column and by operating the CPU scrubber at a VOC removal efficiency of 26% instead of the 50% represented in the permit application; PENALTY: $39,875; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas, 77023-1486, (713) 767-3500.

(8) COMPANY: Goodman Manufacturing Company, L.P.; DOCKET NUMBER: 1999-1519- AIR-E; IDENTIFIER: Air Account Number HG-1016-R; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: air conditioning and heater manufacturing; RULE VIOLATED: 30 TAC §116.110(a) and the Act, §382.085(b) and §382.0518(a), by failing to obtain a permit or to satisfy the conditions for a permit exemption for a surface coating operation; 30 TAC §118.5 and the Act, §382.085(b), by failing to prepare and maintain an emission reduction plan; and 30 TAC §122.121, §122.130(b)(1), and the Act, §382.085(b) and §382.054, by failing to submit an abbreviated federal operating permit by the required date and continuing to operate; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas, 77023-1486, (713) 767-3500.

(9) COMPANY: Harris County Municipal Utility District Number 82; DOCKET NUMBER: 2000-0038-MWD-E; IDENTIFIER: Water Quality Permit Number 11799-001 and National Pollutant Discharge Elimination System (NPDES) Permit Number TX0071528; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §26.121, NPDES Permit Number TX0071528, and Water Quality Permit Number 11799-001, by failing to comply with permit limits for ammonia nitrogen; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Casandra Noble, (512) 239-4754; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas, 77023-1486, (713) 767-3500.

(10) COMPANY: Harris Fiberglass Materials, Inc., Mr. Vernon L. Harris Sr., Ms. Lynda Harris, and Mr. Vernon L. Harris, Jr.; DOCKET NUMBER: 2000-0041-AIR-E; IDENTIFIER: Air Account Number HQ-0105-L; LOCATION: Granbury, Hood County, Texas; TYPE OF FACILITY: fiberglass manufacturing; RULE VIOLATED: 30 TAC §116.110(a) and the Act, §382.085(b), by allegedly failing to obtain a permit or meet the requirements of exemptions 30 TAC §106.392 and §106.433; PENALTY: $720; ENFORCEMENT COORDINATOR: Wendy Penland, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas, 76010-6499, (817) 469-6750.

(11) COMPANY: Hidalgo County; DOCKET NUMBER: 1999-0695-MSW-E; IDENTIFIER: Municipal Solid Waste (MSW) Permit Number 1593A; LOCATION: Edinburg, Hidalgo County, Texas; TYPE OF FACILITY: MSW landfill; RULE VIOLATED: 30 TAC §330.253(b)(2) and (3), and MSW Permit Number 1593A, by failing to complete final cover within 180 days of the last receipt of waste; 30 TAC §330.111 and MSW Permit Number 1593A, by failing to conduct groundwater monitoring according to the operational requirements in the approved Site Development Plan (SDP), failing to remove all waste along the northwest boundary which was placed beyond the original permitted boundaries, failing to have facility employees and other persons participating in facility operations qualified by training, education, and experience to perform their duties so as to achieve compliance with this permit, failing to establish a Citizens Advisory Board to work with the permittee in addressing various issues and concerns raised by citizens living near the facility site, failing to contract with a licensed professional exterminator for the purpose of evaluating and controlling the vector situation at the facility, and failing to provide to the executive director, for review and comment, a plan of action outlining the procedures to be used to identify and provide an alternate water supply to all water owners whose wells are located within two miles of Hidalgo County's landfill that are used for human consumption or irrigation of crops, and can demonstrate contamination characteristics associated with the landfill; 30 TAC §330.130, by failing to conduct quarterly landfill methane gas monitoring in accordance with the MSW regulations; 30 TAC §330.253(d)(6) and §330.254(b)(3)(D), by failing to provide financial assurance for closure and post-closure care and adjust the closure cost estimate for inflation; 30 TAC §330.111, by failing to demonstrate approval from the TNRCC to maintain copies of the permit, SDP, or other plans at an alternate location; and 30 TAC §330.253(e)(7), by failing to have site signs at the entrance gate indicating that the landfill is closed; PENALTY: $11,375; ENFORCEMENT COORDINATOR: Fara O'Neal, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas, 78550-5247, (956) 425-6010.

(12) COMPANY: Martin Marietta Southwest, Inc.; DOCKET NUMBER: 1999-0614-AIR-E; IDENTIFIER: Air Account Number HG-0606-U; LOCATION: Galena Park, Harris County, Texas; TYPE OF FACILITY: asphalt plant; RULE VIOLATED: 30 TAC §122.121, §122.130(b)(1), and the Act, §382.085(b) and §382.054, by allegedly failing to submit the required abbreviated initial application for a Title V federal operating permit and continuing to operate without a permit authorization; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Rohit Bali, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas, 77023-1486, (713) 767-3500.

(13) COMPANY: Matagorda County Water Control and Improvement District Number Six; DOCKET NUMBER: 1999-1426-MWD-E; IDENTIFIER: TNRCC Water Quality Number 10663-001; LOCATION: Van Vleck, Matagorda County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: TNRCC Water Quality Permit Number 10663-001, and the Code, §26.121, by failing to comply with the permitted effluent limits for ammonia-nitrogen (NH3-N) daily average concentration limit, NH3-N daily average loading limit, total suspended solids (TSS) daily average concentration limit, TSS individual grab, TSS daily average loading limit, and dissolved oxygen minimum limit as documented by the region-documented effluent sample and the self-reported effluent records; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Cathy Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas, 77023-1486, (713) 767-3500.

(14) COMPANY: Merit Energy Company; DOCKET NUMBER: 1999-1109-AIR-E; IDENTIFIER: Air Account Number LK-0001-M; LOCATION: Oakville, Live Oak County, Texas; TYPE OF FACILITY: oil and natural gas production; RULE VIOLATED: 30 TAC §122.130(a)(2) and the Act, §382.054 and §382.085(b), by failing to submit a timely federal operating permit application; and 30 TAC §122.121 and the Act, §382.054 and §382.085(b), by failing to operate emission units at the site under federal operating permit; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Gary McDonald, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas, 78412-5503, (361) 825-3100.

(15) COMPANY: Michael J. Rhine; DOCKET NUMBER: 2000-0113-OSI-E; IDENTIFIER: On- Site Sewage Facility (OSSF) Installer Identification Number OS5358; LOCATION: Bridgeport, Tarrant County, Texas; TYPE OF FACILITY: on-site sewage facility; RULE VIOLATED: 30 TAC §285.51 and the Act, §366.051(c), by failing to obtain proof of permit before beginning OSSF installation; and 30 TAC §285.58(a)(3) and the Act, §366.054, by failing to notify the authorized agent and obtain authorization to construct before beginning to install an OSSF; PENALTY: $400; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas, 76010-6499, (817) 469-6750.

(16) COMPANY: Northern Natural Gas Company; DOCKET NUMBER: 2000-0167-AIR-E; IDENTIFIER: Air Account Numbers HA-0116-Q, TD-0063-I, RC-0025-C, IA-0040-H, WM-0009-H, GA-0174-T, and ML-0022-W; LOCATION: Hale, Terry, Reagan, Irion, Winkler, Gaines, and Midland Counties, Texas; TYPE OF FACILITY: natural gas compressor stations; RULE VIOLATED: 30 TAC §122.146(2), the Act, §382.085(b), and General Operating Permit Numbers O-00142, O-00148, O-00173, O-00174, O-00175, O-00176, and O-00177, by allegedly failing to submit General Operating Permit Compliance Certifications; PENALTY: $5,250; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas, 79414-3520, (806) 796-7092; 622 South Oakes, Suite K, San Angelo, Texas, 76903- 7013, (915) 655-9479; 3300 North A Street, Building 4, Suite 107, Midland, Texas, 79705-5404, (915) 570-1359.

(17) COMPANY: R and B Limited Company; DOCKET NUMBER: 2000-0143-AIR-E; IDENTIFIER: Air Account Number SN-0069-K; LOCATION: Eliasville, Stephens County, Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30 TAC §101.6 and the Act, §382.085(b), by failing to report a plant upset which resulted in the extended release of field gas to the atmosphere; and 30 TAC §116.110(a) and the Act, §382.0518 and §382.085(b), by failing to obtain a TNRCC air quality permit prior to construction or facility operation; PENALTY: $5,280; ENFORCEMENT COORDINATOR: Kara Dudash, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas, 79602-7833, (915) 698-9674.

(18) COMPANY: Petroleum Wholesale, Inc. dba Sunmart Number 114; DOCKET NUMBER: 1999-1579-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 58609; LOCATION: Robstown, Nueces County, Texas; TYPE OF FACILITY: convenience store with retail gasoline sales; RULE VIOLATED: 30 TAC §334.72 and the Code, §26.039, by failing to report to the commission a release from an underground storage tank (UST) within 24 hours of its discovery; 30 TAC §334.74, by failing to conduct release investigation and confirmation steps within 30 days of discovery of a release; 30 TAC §334.77(a)(2), by failing to visually inspect any aboveground releases or exposed below ground releases and prevent further migration of the released substance into surrounding soils and groundwater; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475, by failing to monitor USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.50(b)(2)(A)(i)(I) and (II) and the Code, §26.3475, by failing to provide proper release detection for the piping associated with UST systems; and the Code, §26.121, by failing to control the unauthorized discharge of diesel into or adjacent to waters of the State of Texas; PENALTY: $47,500; ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas, 78412-5503, (361) 825-3100.

(19) COMPANY: Texwood Industries, Incorporated dba Quality Doors; DOCKET NUMBER: 2000-0259-AIR-E; IDENTIFIER: Air Account Number DB-1182-H; LOCATION: Cedar Hill, Dallas County, Texas; TYPE OF FACILITY: wooden door manufacturing; RULE VIOLATED: 30 TAC §122.121, §122.130(c)(2), and the Act, §382.085(b) and §382.054, by allegedly failing to submit a timely and complete initial abbreviated federal operating permit application and continuing to operate; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 469-6750; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas, 76010-6499, (817) 469-6750.

(20) COMPANY: Waste Control Specialists, L.L.C.; DOCKET NUMBER: 1999-1457-IHW-E; IDENTIFIER: TNRCC Permit Number 50358; LOCATION: Andrews, Andrews County, Texas; TYPE OF FACILITY: hazardous waste treatment, storage, and disposal; RULE VIOLATED: 30 TAC §335.69(a)(1) and 40 Code of Federal Regulations (CFR) §262.34(a)(1), by failing to comply with accumulation time limitations by storing landfill leachate in excess of 90 days; and 30 TAC §335.152(a)(3) and 40 CFR §264.54(d), by failing to update the facility contingency plan reflecting the current contact persons in the event of an emergency; PENALTY: $9,375; ENFORCEMENT COORDINATOR: Daniel Landenberger, (915) 570-1359; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas, 79705-5404, (915) 570-1359.

TRD-200003610

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 23, 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 July 3, 2000 . Section 7.075 also requires that the TNRCC promptly consider any written comments received andd that the TNRCC may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the 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 July 3, 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: United States Army, Camp Bullis Training Site; DOCKET NUMBER: 1999-0779-IHW-E; TNRCC IDENTIFICATION (ID) NUMBER: HW-50335; LOCATION: Fort Sam Houston, Harris County, Texas; TYPE OF FACILITY: industrial hazardous waste; RULES VIOLATED: Hazardous Waste Permit Number HW-50335, Permit Provision VI (D)(a)(1) and 40 Code of Federal Regulation (CFR) §264.98(g)(1) by failing to provide notification regarding a statistically significant increase for monitoring parameters detected in groundwater samples; Hazardous Waste Permit Number HW-50335, Provision VI (D)(4)(b) and 40 CFR §270.33(a)(1) by failing to submit a Class 1 modification to its permit with an "as built" diagram of the open burn/open detonation area within the time frames specified in the permit; Hazardous Waste Permit Number HW-50335, Provision VI (D)(2) and 40 CFR §270.33(a)(3) by failing to provide all required information in the permittee's annual groundwater evaluation report; Hazardous Waste Permit Number HW-50335, Provision VI (A)(2)(c)(i) and 40 CFR §264.97(a) by failing to install an adequate detection monitoring system which is required to include one background and three point of compliance wells in the open burn/open detonation area; 30 TAC §335.4 and the Code, §26.121 by creating the threat of an unauthorized discharge to the waters of the state and by failing to remove several piles of small arms ammunition and to immediately collect solid waste residue remaining on the ground following open burning and open detonation of waste ordinance; PENALTY: $7,975; 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.

(2) COMPANY: Eastland County Guardian, Incorporated dba La Mancha Lake Store; DOCKET NUMBER: 1999-0631-PST-E; TNRCC ID NUMBER: 13656; LOCATION: Lake Leon, Eastland County, Texas; TYPE OF FACILITY: underground storage tanks (UST); RULES VIOLATED: 30 TAC §334.7(a)(1) by failing to register with the commission, on authorized commission forms, a UST in existence at the La Mancha property on or after September 1, 1987; 30 TAC §334.5(d)(1)(B) by failing to permanently remove from service USTs located at the facilities which have been temporarily removed from service for longer than 12 months; and 30 TAC §334.55(a)(3), (6), and (e) by failing to permanently remove the USTs at the facilities by qualified personnel possessing the appropriate skills or notify the executive director of the removal and by failing to conduct a site assessment in response to the permanent removal from service of the UST systems at the facilities; PENALTY: $7,000; STAFF ATTORNEY: Lisa Lemanczyk, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas, 79602-7833, (915) 698-9674.

(3) COMPANY: Hamshire Community Water Supply Corporation; DOCKET NUMBER: 1997-0811-MWD-E; TNRCC ID NUMBER: None; LOCATION: west of the intersection of State Highway 124 and Hamshire Road, Jefferson County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: the Code, §26.121 by discharging untreated wastewater into or adjacent to waters of the state; PENALTY: $9,600; STAFF ATTORNEY: Robin Houston, Litigation Division, MC175, (512) 239-0682; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas, 77703-1892, (409) 892-2119.

(4) COMPANY: Mistex Energy, Incorporated; DOCKET NUMBER: 2000-0441-MSW-E; TNRCC ID NUMBER: C81973; LOCATION: 101 South Florida, Borger, Hutchinson County, Texas; TYPE OF FACILITY: storage of municipal solid waste; RULES VIOLATED: 30 TAC §330.1183(d)(3) by storing used oil filters for more than 90 days; PENALTY:$1,000; STAFF ATTORNEY: Richard O'Connell, Litigation Division, MC 173, (512) 239-5528; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas, 79109-4933, (806) 358-9545.

(5) COMPANY: Norit Americas, Incorporated; DOCKET NUMBER: 1998-0892-IWD-E; TNRCC ID NUMBER: 00703; LOCATION: City of Marshall, Harrison County, Texas; TYPE OF FACILITY: carbon manufacture; RULES VIOLATED: the Code, §26.121 and Water Quality Permit Number 00703 by causing, suffering or allowing an unauthorized discharge of contaminants to the waters of the state and by failing its whole effluent toxicity limit on December 7, 1998, February 23, 1999 and August 3, 1999 for both Ceriodaphnia dubia and Pimephales promelas; PENALTY:$34,584; STAFF ATTORNEY: Nathan Block, Litigation Division, MC 175, (512) 239-4706; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas, 75701-3756, (903) 535-5100.

(6) COMPANY: P.W. Gentry dba Old Gas Station; DOCKET NUMBER: 1998-1277-PST-E; TNRCC ID NUMBER: 13044; LOCATION: 500 Sycamore, Bardwell, Ellis County, Texas; TYPE OF FACILITY: UST; RULES VIOLATED: 30 TAC §334.54(d)(1)(B) by failing to permanently remove two USTs from service which have been temporarily out of service in excess of 12 months; and 30 TAC §334.21 by failing to pay the required UST fees; PENALTY:$12,500; STAFF ATTORNEY: Robin Houston, Litigation Division, MC 175, (512) 239-0682; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas, 76010-6499, (817) 469-6750.

(7) COMPANY: John Richard Sparks; DOCKET NUMBER: 1999-1234-LII-E; TNRCC ID NUMBER: None; LOCATION: 3400 East Farm-to-Market Road 700, Big Spring, Howard County, Texas; TYPE OF FACILITY: landscape irrigation systems; RULES VIOLATED: the Code, §34.007(a) by installing two landscape irrigation systems at 3221 Fenn Avenue and 710 East 22nd Street; PENALTY:$1,250; STAFF ATTORNEY: Tracy Gross, Litigation Division, MC 175, (512) 239-1736; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas, 79705-5404, (915) 570-1359.

TRD-200003613

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 23, 2000

The Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning revisions to 30 TAC Chapter 205, General Permits For Waste Discharges. This notice is given under the requirements of Texas Health and Safety Code, §382.017 and Texas Government Code, Subchapter B, Chapter 2001.

This proposal includes changes that would remove the limitation that general permits cannot authorize discharges of more than 500,000 gallons in any 24-hour period; specifically allow the category of storm water under general permits; add a requirement that the commission deny or suspend a discharger's authority under a general permit if the commission determines that the discharger operates any facility for which the discharger's compliance history contains violations constituting a recurring pattern of egregious conduct; and clarify the language and organizational structure of the rules.

A public hearing on the proposal is scheduled for June 29, 2000, at 10:00 a.m. in Room 3202A of TNRCC Building F, located 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 Angela Slupe, 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., July 3, 2000, and should reference Rule Log Number 1999-034-205-WT. For further information, please contact Ray Austin, Policy and Regulations Division, (512) 239-6814.

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-200003508

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 19, 2000

The Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony regarding proposed amendment to 30 TAC Chapter 334, relating to Underground and Aboveground Storage Tanks; and proposed new 30 TAC Chapter 37, Subchapter I, relating to Financial Assurance for Petroleum Underground Storage Tank Systems. This notice is given under the requirements of the Texas Government Code, Subchapter B, Chapter 2001.

The proposed rules implement House Bills (HBs) 2109, 2815, and 2816, 76th legislature, 1999. HB 2109 limits environmental liability for qualifying local taxing authorities that foreclose on properties with storage tanks. HB 2815 creates an annual tank requirement self-certification process, whereby tank owners/operators must certify that their tanks meet certain technical and administrative requirements to prior to accepting motor fuel deliveries and "common carriers" must verify that self-certification has been accomplished prior to delivering fuel. HB 2815 also extends two corrective action deadlines for being eligible for reimbursement from the state Petroleum Storage Tank Reimbursement Fund without an increase in the deductible paid by the owner or operator. The December 23, 1997 corrective action plan deadline was extended by six months; and the December 23, 1998 corrective action implementation goals deadline was extended by 12 months. Also, HB 2815 added a requirement for the agency to respond to an administratively complete reimbursement application with a fund payment report by the 90th day from receipt of the application. In HB 2816, the expiration date of the Petroleum Storage Tank Reimbursement Fund was extended an additional two years to September 1, 2003. The agency also decided to do a "limited" amount of regulatory reform that would not delay the rule changes needed to implement the legislation and to open Chapter 334 to rule review public comment.

A public hearing on the proposed rules will be held in Austin on July 25, 2000, at 10:00 a.m. in Building E, Room 201S at the Texas Natural Resource Conservation Commission complex, located at 12100 Park 35 Circle. 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 Angela Slupe, 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., August 1, 2000, and should reference Rule Log Number 1999-038-334-WS. For further information, please contact Jackie Hardee at (512) 239-2151.

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-200003501

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 19, 2000

The State Office Administrative Hearing issued a Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on May 8, 2000. In the Matter of the Executive Director of the Texas Natural Resource Conservation Commission, Complaint vs. Diamond Studs, Inc. dba D'oro Cosmetics, Respondent. SOAH Docket No.582-99-1340; TNRCC Docket No.1998-0627-IHW-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, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105 TNRCC PO Box 13087, Austin Texas 78711-3087. If you have any questions or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512) 239-3317.

TRD-200003647

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: May 24, 2000

The State Office Administrative Hearing issued a Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on May 17, 2000. Executive Director of the Texas Natural Resource Conservation Commission v. Syll Holt d/b/a Walnut Bend Water Supply. SOAH Docket No.582-00-0029; TNRCC Docket No.1998-1326-PSW-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, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105 TNRCC PO Box 13087, Austin Texas 78711-3087. If you have any questions or need assistance, please contact Doug Kitts, Chief Clerk's Office, (512) 239-3317.

TRD-200003648

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: May 24, 2000

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 16, 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 Net2000 Communications Services, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 22541 before the Public Utility Commission of Texas.

Applicant intends to provide resale and facilities-based local exchange telecommunications services, including, but not limited to, plain old telephone service, switched access service, data transmission services, PBX Trunking, dual-party relay service, 9-1-1 emergency services, directory assistance and operator-assisted calling, and white pages listing.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than June 7, 2000. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200003450

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 18, 2000

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

Docket Title and Number: Application of Looking Glass Networks, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 22556 before the Public Utility Commission of Texas.

Applicant intends to provide non-switched dedicated and private line, and high capacity fiber optic telecommunications transmission services.

Applicant's requested SPCOA geographic area includes the geographic area currently served by all incumbent local exchange companies throughout the state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than June 7, 2000. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200003602

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 22, 2000

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

Docket Title and Number: Application of El Paso Energy Communications Company for a Service Provider Certificate of Operating Authority, Docket Number 22560 before the Public Utility Commission of Texas.

Applicant intends to provide facilities-based, data, and resold telecommunications services.

Applicant's requested SPCOA geographic area includes the geographic area currently served by all incumbent local exchange companies throughout the state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 no later than June 8, 2000. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200003608

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 23, 2000

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 16, 2000, for waiver of requirements under the P.U.C. Substantive Rules Chapter 26, Subchapter D.

Docket Title and Number: Application of Leaco Rural Telephone Cooperative, Inc. for Waiver of Commission Requirements Under P.U.C. Substantive Rules Chapter 26, Subchapter D. Docket Number 22547.

The Application: Leaco Rural Telephone Cooperative, Inc. (Leaco) requests a waiver of the requirements of Chapter 26, Subchapter D pursuant to P.U.C. Substantive Rule §26.71(e) which provides for waiver of the reporting of any information required if the commission determines that it is either impractical or unduly burdensome on a utility to furnish the requested information. Leaco serves 14 Texas subscribers in the Antelope Ridge Exchange from a central office in New Mexico. The cooperative has no central office(s) located in Texas, no employees in Texas, and receives no compensation from the Texas Universal Service Fund. Leaco believes the expenditure in time, effort and cost is unduly burdensome and disproportionate in view of the total number of access lines served in Texas. The cooperative proposes to file copies of the reports submitted to the New Mexico Public Service Commission with the Public Utility Commission of Texas, in lieu of Chapter 26, Subchapter D reports

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326 or call the Public Utility Commission's Office of Customer Protection at (512) 936-7120 on or before June 12, 2000. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All comments should reference Docket Number 22547.

TRD-200003639

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 23, 2000

The Public Utility Commission of Texas (commission) approved publication of a proposed amendment to §26.5 relating to Definitions at the April 27, 2000 Open Meeting. The amendment is proposed under Project Number 21169, Review of Substantive Rules to Conform to Senate Bill 560. The proposed amendment was published in the Texas Register on May 19, 2000 (25 TexReg 4423). The proposed amendment incorporates changes and additions required as a result of rulemakings in Project Number 21155, Rulemaking to Implement PURA Chapter 58 provisions relating to Customer Specific Contracts, Packaging Flexibility and Promotional Offerings ; Project Number 21156, Rulemaking to Implement PURA Chapter 58 provisions to Withdrawal of Election, Rate Caps and Rate Adjustments, Packaging Flexibility and Pricing for Non-Basic Services ; and Project Number 21161, Rulemaking to Establish Process for New Services and Promotional Offerings, Pricing and Packaging Flexibility Tariffs pursuant to PURA Chapters 52, 58 and 59.

The commission will hold a joint public hearing in Project Numbers 21169, 21155, 21156 and 21161 under Texas Government Code §2001.029 at the commission's offices located in the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas, 78701, on Tuesday, June 27, 2000, at 9:30 a.m. in the Commissioners' Hearing Room on the seventh floor.

Any questions regarding this notice may be directed to Rick Akin, Office of Policy Development, at (512) 936-7256. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200003599

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 22, 2000

The Staff of the Public Utility Commission (commission) will hold a workshop to initiate the process of amending P.U.C. Substantive Rule §25.211, Interconnection of On-Site Distributed Generation (DG) and §25.212, Technical Requirements for Interconnection and Parallel Operation of On-Site Distributed Generation on Friday, June 16, 2000, at 9:30 a.m. in the Commissioners' Hearing Room at 1701 North Congress Avenue, Austin, Texas.

The commission has determined that the existing rules for DG need further refinement. This rulemaking will address operational terms and conditions for interaction between DG and the utilities and between DG and the Independent System Operator. The rulemaking will also address issues raised by the DG tariffs, particularly the study fees, conditions and other potential obstacles to DG interconnection.

The commission is reconvening the successful collaborative process that produced technical standards for the interconnection of on-site distributed generation in order to implement Public Utility Regulatory Act §39.101(b)(3) (PURA). PURA §39.101(b)(3) entitles all Texas electric customers to access on-site generation, to provide cost savings and reliability benefits to customers, to establish technical requirements that will promote the safe and reliable parallel operation of on-site generation resources, to enhance both the reliability of electric service and economic efficiency in the production and consumption of electricity, and to promote the use of distributed resources in order to provide electric system benefits during periods of capacity constraints.

For Further Information. Please contact Ed Ethridge, Office of Regulatory Affairs, Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas, 78711-3326, Fax (512) 936-7361, ed.ethridge@.puc.state.tx.us. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Project Number 22540.

TRD-200003600

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 22, 2000

On May 12, 2000, Southwestern Bell Telephone Company and Vectris 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 22528. 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 22528. 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 June 14, 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 commission's 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 22528.

TRD-200003441

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 17, 2000

On May 15, 2000, Southwestern Bell Telephone Company and Birch Telecom of Texas, Ltd., LLP, 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 22535. 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 22535. 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 June 14, 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 commission's 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 22535.

TRD-200003440

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 17, 2000

On May 18, 2000, Southwestern Bell Telephone Company and ETS Telephone Company, 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 22553. 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 22553. 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 June 19, 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 commission's 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 22553.

TRD-200003641

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 23, 2000

On May 18, 2000, Southwestern Bell Telephone Company and IVIT Communications Group, 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 22555. 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 22555. 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 June 19, 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 commission's 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 22555.

TRD-200003642

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 23, 2000

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission), of a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.215.

Docket Title and Number. GTE Southwest, Inc.'s Application for Approval of LRIC Study for Out of Scope Calling ISDN-PRI Service Pursuant to P.U.C. Substantive Rule §26.215 on or after May 29, 2000, Docket Number 22552.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 22552. Written comments or recommendations should be filed no later than 45 days after the date of sufficiency and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's 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.

TRD-200003462

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 18, 2000

The staff of the Public Utility Commission of Texas (commission) requests comment on the registration forms for aggregators who plan to register pursuant to §25.111, Registration of Aggregators, and power generators who plan to register pursuant to §25.109, Registration of Power Generator Companies.

The commission will make copies of the draft forms available for comment in Central Records and on the commission's website for Project Number 21082 on June 2, 2000. Parties are requested to provide initial comment on the draft forms by June 16, 2000, and reply comments on the draft forms by June 23, 2000.

Sixteen copies of comments may be filed with the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711- 3326. All comments should reference Project Number 21082. Parties are also requested to e- mail an electronic copy of comments to jan.bargen@puc.state.tx.us, if possible.

Questions concerning Project Number 21082 may be referred to Jan Bargen, Office of Policy Development, (512) 936-7255. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200003611

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 23, 2000