The Texas Department of Criminal Justice invites bids for the construction of Visitation Canopy (Awning) at Houston, Texas. The project consists of a custom built steel canopy (awning) of approximately 3000 square feet with a minimum height of 14 feet. Roof material specified is MBCI or equal 26 gauge steel M-panel, white in color, and trim material is 26 gauge steel angle trim, white in color. Structural components include 10" galvanized steel C-channel x 2-1/2" x 14 gauge galvanized steel and 12" C-channel x 12 gauge galvanized with columns of 5" x 5" x .188 galvanized steel . Columns must go through concrete floor and are to be set in concrete base at the existing Kegans State Jail Unit, 707 Top Street, Houston, Texas 77210. The work includes structural and concrete as further shown in the Contract Documents.

The successful bidder will be required to meet the following requirements and submit evidence within five days after receiving notice of intent to award from the Owner:

A. Contractor must have worked in his trade for five consecutive years and have completed at least three projects of a dollar value and complexity equal to or greater than the proposed project.

B. Contractor must be bondable and insurable at the levels required.

C. Must provide references from at least three similar projects.

All Bid Proposals must be accompanied by a Bid Bond in the amount of 5.0% of greatest amount bid. Performance and Payment Bonds in the amount of 100% of the contract amount will be required upon award of a contract. The Owner reserves the right to reject any or all bids, and to waive any informality or irregularity.

Bid Documents can be obtained from the Texas Department of Criminal Justice at no charge from: Texas Department of Criminal Justice, Purchasing & Leases Department Contracts Branch, Two Financial Plaza, Suite 525, Huntsville Texas 77340; (936) 437-7136; (936) 437-7009 FAX, Attn: Gene Warzecha, Contract Administrator.

A Site Visit will be held at 10:30 AM on May 30, 2001, at the Kegans State Jail, 707 Top Street, Houston, Texas.

Bids will be publicly opened and read at 2 PM on June 13, 2001, in the Contracts Branch Conference Room at Two Financial Plaza, Suite 525, Huntsville, Texas 77340.

TRD-200102977

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: May 25, 2001

The Texas Department of Health (department) is required under the Occupations Code §157.052 to designate sites serving medically underserved populations. In addition, the department is required to publish notice of such designations in the Texas Register and to provide an opportunity for public comment on the designations.

Accordingly, the department has designated the following as a site serving medically underserved populations: Oak Tree Family Clinic (Substance Abuse Testing, LLP), 3512 Texas Boulevard, Texarkana, Texas 75503. The designation is based on proven eligibility as a site serving a disproportionate number of clients eligible for federal, state, or locally funded health care programs.

Oral and written comments on this designation may be directed to Bruce Gunn, Ph.D., Director, Health Professions Resource Center, Office of Policy and Planning, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756; telephone (512) 458-7261. Comments will be accepted for 30 days from the publication date of this notice.

TRD-200103026

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 30, 2001

Notice is hereby given by the Texas Department of Health (department), Bureau of Radiation Control that it has amended Radioactive Material License Number L01811 issued to Nuclear Sources & Services, Inc., doing business as NSSI/Sources & Services, Inc., located at 5711 Etheridge in Houston, Texas. Amendment number 44 removes the authorization for sealed sources from the license.

The department has determined that the amendment of the license, 25 Texas Administrative Code (TAC), Chapter 289, and the documentation submitted by the licensee provide reasonable assurance that the licensee's radioactive waste facility is sited, designed, operated, and will be decommissioned and closed in accordance with the requirements of 25 TAC, Chapter 289; the amendment of the license will not be inimical to the health and safety of the public or the environment; and the activity represented by the amendment of the license will not have a significant effect on the human environment.

This notice affords the opportunity for a public hearing upon written request within 30 days of the date of publication of this notice by a person affected as required by Texas Health and Safety Code, §401.116 and as set out in 25 TAC, §289.205(f). A "person affected" is defined as a person who demonstrates that the person has suffered or will suffer actual injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to a county, in which the radioactive material is or will be located; or (b) doing business or has a legal interest in land in the county or adjacent county.

A person affected may request a hearing by writing Mr. Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control, 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 this action, identify the subject license, specify the reasons why the person considers himself affected, and state the relief sought. If the person is represented by an agent, the name and address of the agent must be stated. Should no request for a public hearing be timely filed, the agency action will be final.

A public hearing, if requested, shall be conducted in accordance with the provisions of Texas Health and Safety Code, Chapter 401, the Administrative Procedure Act (Texas Government Code, Chapter 2001), the formal hearing procedures of the department (25 Texas Administrative Code (TAC), §1.21 et seq.) and the procedures of the State Office of Administrative Hearings (1 TAC, Chapter 155).

A copy of the license amendment and supporting materials are available for public inspection and copying at the office of the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, 8:00 a.m. to 5:00 p.m. Monday-Friday (except holidays). Information relative to inspection and copying the documents may be obtained by contacting Chrissie Toungate, Custodian of Records, Bureau of Radiation Control.

TRD-200103027

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 30, 2001

The Texas Health and Human Services Commission (HHSC), in collaboration with the Health and Human Services agencies and the East Texas Council of Governments, will conduct one of a series of statewide public hearings to receive public comment on the development of the Health and Human Services Coordinated Strategic Plan and to fulfill statutory local planning requirements. The public hearing is required under §531.022(d)(4), Government Code, and §531.036, Government Code, and is intended to produce the following outcomes:

(1) Increase local involvement and participation in the planning process.

(2) Provide feedback to local communities on statewide and regional progress made on health and human services goals and strategic priorities since the community forums in 1999.

(3) Solicit input from the communities on the effectiveness of current health and human services efforts.

(4) Update regional demographic information and needs profiles.

(5) Assess local capacity to address the strategic priorities.

(6) Foster grass roots support for/build community coalitions to improve health and human service delivery in the area.

A public hearing and community planning forum will be conducted in Tyler, Texas, at the Marvin United Methodist Church, 300 West Erwin Street, Tyler, Texas, on June 26 and 27, 2001. The planning forum is intended to provide the opportunity for public input and participation. Agency clients and consumers of health and human services, advocates, consumer advisors, local state agency representatives, local governmental and non-governmental representatives, service providers and other interested parties are encouraged to participate.

The Health and Human Services Agencies will conduct a public hearing to receive public comment on June 26, 2001, beginning at 6:30 p.m., with registration beginning at 6:00 p.m. Testimony and comments should focus on regional needs and suggestions for the most effective ways to deliver and coordinate services funded by the state. Written comments may be submitted to the Texas Health and Human Services Commission until 5:00 p.m., Central Time, on July 3, 2001. Please address written comments to the attention of Colleen Edwards at HHSC, 4900 North Lamar Boulevard, 4th Floor, Austin, Texas 78751, fax (512) 424-6590 or email: colleen.edwards@hhsc.state.tx.us.

The planning forum will be held on June 27, 2001, from 10:00 a.m. to 2:00 p.m., Central Time, with registration beginning at 9:30 a.m. The morning session will provide break-out group activities for members of the community to discuss specific strategic priorities that significantly impact the Tyler area, such as children's medical and insurance needs, access to long-term care services and "successful aging", health and human services transportation issues, access to service information and referral, issues related to children and adolescents, and any major issue arising out of the June 26, 2001, public hearing.

AGENDA

Public Hearing--June 26, 2001

I. Registration for public testimony (6:00 p.m.)

II. Welcome and demographic presentation (6:30 p.m.)

III. Public Comment (7:00 p.m. - 8:20 p.m.)

Community Planning Forum--June 27, 2001

Morning Session

I. Registration (9:30 a.m.)

II. Welcome and overview (10:00 a.m.)

III. Breakout Groups (10:30)

Lunch--not provided (11:45 - 1:00)

Afternoon Session

I. Reports from Breakout Groups (1:00 p.m.)

II. Closing (1:45 p.m.)

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Patti Hinds at (903) 533-5365 or email: patti.hinds@tdh.state.tx.us, by June 20, 2001, so that appropriate arrangements can be made.

TRD-200103038

Marina S. Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: May 30, 2001

The Health and Human Services Commission (HHSC), in collaboration with the Health and Human Services agencies and the North Central Texas Area Agency on Aging, will conduct one of a series of statewide public hearings to receive public comment on the development of the Health and Human Services Coordinated Strategic Plan and to fulfill statutory local planning requirements. The public hearing is required under §531.022(d)(4), Government Code, and §531.036, Government Code, and is intended to produce the following outcomes: (1) Increase local involvement and participation in the planning process. (2) Provide feedback to local communities on statewide and regional progress made on health and human services goals and strategic priorities since the community forums in 1999. (3) Solicit input from the communities on the effectiveness of current health and human services efforts. (4) Update regional demographic information and needs profiles. (5) Assess local capacity to address the strategic priorities. (6) Foster grass roots support for/build community coalitions to improve health and human service delivery in the area.

A community planning forum and public hearing will be conducted in Arlington, Texas on June 26, 2001 at the First Methodist Church of Arlington, 313 North Center, Arlington, Texas. Agency clients and consumers of health and human services, advocates, consumer advisors, local state agency representatives, local governmental and non-governmental representatives, service providers and other interested parties are encouraged to participate.

The planning forum will be held from 8:30 a.m. to 12:30 p.m., Central Time. The morning session will provide state and regional progress reports, local needs assessments and demographic information. Break-out group activities will be conducted for members of the community to discuss specific strategic priorities that significantly impact the Metroplex region, such as children's medical and insurance needs, long-term care access, information and referral, diabetes, business process improvements, supported employment, successful aging, mental health services and involvement of faith-based community in service delivery.

A public hearing to receive public comment will begin at 2:00 p.m. Testimony and comments should focus on regional needs and suggestions for the most effective ways to deliver and coordinate services funded by the state. Written comments may be submitted to the Health and Human Services Commission until 5:00 p.m., Central Time, on July 5, 2001. Please address written comments to the attention of Colleen Edwards at HHSC, 4900 North Lamar Blvd., 4th Floor, Austin, Texas 78751, Fax (512) 424-6590 or Email: colleen.edwards@hhsc.state.tx.us.

AGENDA

Morning Session (8:30 - 12:30)

I. Welcome and hearing overview (8:30)

II. Presentation by HHSC state representative (9:00)

III. Local presentations on local progress, needs assessments and demographics (9:15)

IV. Breakout Groups (10:45)

Afternoon Session (2:00 - 3:35 p.m.)

I. Public Comment (2:00)

II. Final thoughts (3:30)

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Doni Van Ryswyk at 817-695-9193, by June 18, 2001 so that appropriate arrangements can be made.

TRD-200103039

Marina S. Henderson

Executive Deputy Commissioner

Health and Human Services Commission

Filed: May 30, 2001

The Texas Higher Education Coordinating Board (the "Board") solicits responses to this Request for Proposal ("RFP") from firms interested in providing financial services to the Board on all items of financing necessary for the Board's issuance of student loans under its $400 million bonding authority approved by the Legislature and the voters in November of 1999.

Proposals from HUB certified firms are encouraged. State agencies are required to make a good faith effort to assist Historically Underutilized Businesses (HUBs) in receiving contract awards issued by the State of Texas. The goal of this program is to promote fair and competitive business opportunities for all businesses contracting with the state. HUB certified firms are defined as for-profit business entities that are certified by the Texas General Services Commission.

Non-HUB firms are encouraged, in the event they are selected, to consider entering into a partnership arrangement with a HUB firm. The selected firm would function as the managing partner making all decisions on division of work between the two firms and would be the contact to the Board on all matters.

FORM OF RESPONSE

A. Scope of Services

The selected firm will provide the following services:

(1) Regarding bond issues, the firm will:

(a) Determine the timing and structure of any negotiated and/or competitive issues in concert with the bond counsel and Board staff, including:

(i) General Obligation Bonds,

(ii) Defeasance,

(iii) Refunding, and

(iv) Others.

(b) Assist the Board in obtaining approval of the issue by the Bond Review Board and represent the Board at hearings of the Bond Review Board.

(c) Develop a draft of the official statement in concert with the bond counsel and Board staff.

(d) Determine the structure of the escrow and paying/receiving agent bid packages.

(e) Make recommendations on the underwriting team and coordinate the efforts of the underwriting team.

(f) Prepare, in concert with bond counsel and Board staff, all necessary financial models and develop written criteria for evaluation of same.

(g) Assist with the bond closing and final document preparation.

(h) Conduct (with Board staff) a post-sale analysis documenting results of the bond issue.

(i) Advise the Board and staff of any new techniques in debt restructuring which may be beneficial to the loan programs, with specific recommendations for implementation.

(2) Regarding state and federal laws, the firm will:

(a) Review issues and, in concert with the bond counsel and Board staff, recommend legislative action where appropriate.

(b) In response to real or anticipated changes in state and federal law, regulation or public policy, advise the Board and staff of potential or real impact on existing or anticipated:

(i) Bond issues,

(ii) Investment policy, and

(iii) Loan policy.

B. Qualifications

(1) Describe how the firm is organized and how its resources will be put to work for the Board.

(2) List the firm's most recent three (3) years of experience in financial services relationships. State the term of the relationship and include the names, addresses and phone numbers of contact persons. Briefly describe the work performed, including the dollar amount and type of the issues or other financings and associated ratings achieved.

(3) Outline the firm's entire experience during the past three (3) years with the major rating agencies. Discuss this experience and its potential applicability to the Board.

(4) Attach a recent representative example of an official statement for a General Obligation Bond issue for which the firm provided financial services.

(5) Describe the three (3) most common uses of the firm's computer and computer-based analysis as it relates to financial services relationships specified in subsection 2 above.

(6) Describe the efforts made by the firm to encourage and develop the participation of minorities and women in the provision of the firm's financial services and proposed use of women and minorities in regard to the services required under this contract, if any, and previous experience and involvement working with HUB certified firms (if your firm is not HUB certified) or as a HUB certified firm in a financial relationship.

C. Personnel

(1) Indicate which individuals in the firm would be assigned in a direct, on-going working relationship with the Board and staff and include their resumes. Indicate the role these individuals assumed in the three-year history of financial services relationships as described in subsection 2 of the Qualifications section.

(2) Indicate the availability of the individuals described in subsection 1 of this section.

(3) Identify other individuals who would be available as analytical or tax counsel resources to the Board.

D. Compensation

For the scope of services defined in this RFP, the proposal must specify:

(1) the firm's proposed hourly billing rates for staff who would be assigned to perform services under the contract; flat fees or other fee arrangements; and billable expenses; and

(2) how fees may differ in the cases of a competitive versus a negotiated sale.

SELECTION CRITERIA

(1) The Board will make its selection based on demonstrated knowledge and experiences, quality of staff assigned to perform services under the contract, compatibility with the goals and objectives of the Board and the state, and reasonableness of proposed fees.

(2) The Board has the sole discretion and reserves the right to reject any and all responses to this RFP and to cancel the RFP if it is deemed in the best interest of the Board to do so. Issuance of this RFP in no way constitutes a commitment by the Board to award a contract or to pay for any expenses incurred either in the preparation of a response to this RFP or in the production of a contract for financial services.

(3) The Board previously contracted with First Southwest Company for these services and intends to award the contract to First Southwest Company unless a better offer is received.

TERMS AND CONDITIONS

(1) The Board reserves the right to reject any or all proposals or to award the contract to the next most qualified firm if the successful firm does not execute a contract within thirty (30) days after the award of the proposal.

(2) The Board reserves the right to request clarification of information submitted and to request additional information of one or more applicants.

(3) The Board and staff will perform an evaluation of the selected firm's performance as necessary, and the Board shall have the right to terminate its contract by specifying the date of termination in a written notice to the firm at least thirty (30) working days before the termination date. In this event, the firm shall be entitled to just and equitable compensation for any satisfactory work completed.

(4) Any agreement or contract resulting from the acceptance of a proposal shall be on forms either supplied by or approved by the Board and shall contain, as a minimum, applicable provisions of the request for proposals. The Board reserves the right to reject any agreement that does not conform to the request for proposals and any Board requirements for agreements and contracts.

(5) The selected firm shall not assign any interest in the contract and shall not transfer any interest in the same without prior written consent of the Board.

(6) No reports, information or data given to or prepared by the firm under the contract shall be made available by the firm to any individual or organization without the prior written approval of the Board.

(7) Any and all data provided by the Board during the request for proposals process or under a contract for financial services is the property of the Board and shall be returned to the Board upon request.

(8) Specific analytical software developed at the request and expense of the Board is the property of the Board and, upon request, shall be returned to the Board.

(9) The selected firm will not be permitted to underwrite debt of the Board.

RELEASE OF INFORMATION AND OPEN RECORDS

Information submitted in response to this RFP shall not be released by the Board during the proposal evaluation process. After the evaluation process is completed as determined by the Board, all proposals and information contained therein may be subject to public disclosure under Chapter 552 of the Texas Government Code.

INSTRUCTIONS TO PROPOSERS

(1) All proposals must be in a sealed envelope and clearly marked: "Sealed Proposal C Financial Services." All proposals must be received by 11:00 a.m. (Central Time) on July 9, 2001.

(2) Seven (7) copies of the proposal are required and may be mailed to: Texas Higher Education Coordinating Board, Attention: Kenneth Vickers, Assistant Commissioner for Administrative Services, P.O. Box 12788, Austin, Texas 78711; or hand delivered to Room 3.110, 1200 East Anderson Lane, Austin, Texas, by 11:00 a.m. (Central Time) on July 9, 2001. Each proposal should indicate the name, E-mail address, and phone number of the principal contact for the firm.

(3) Questions or comments concerning this request for proposals should be submitted in writing to: Kenneth Vickers, Assistant Commissioner for Administrative Services, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711, (512) 427-6160.

TRD-200103003

Gary Prevost

Director of Business Services

Texas Higher Education Coordinating Board

Filed: May 29, 2001

The Texas Department of Housing and Community Affairs announces that the units of general local government listed as follows have been selected as contract recipients for 2001 program year Planning and Capacity Building Funds under the Texas Community Development Program established pursuant to Texas Government Code, Chapter 2306, §2306.096.

A contract is not effective until executed by the unit of general local government and the Executive Director of the Texas Department of Housing and Community Affairs.

Anahuac - $34,900, Cleveland - $50,000, Coleman - $50,000, Crosbyton - $32,750, Dublin - $40,347, Eagle Pass - $36,500, Floydada - $50,000, Hamilton - $38,800, Jefferson - $47,200, Junction - $50,000, Liberty - $48,800, Los Fresnos - $33,800, Marion - $26,800, Mart - $44,800, Mathis - $50,000, Pecos City - $50,000, Seadrift - $33,800, Socorro - $40,000, Van Alstyne - $38,200.

TRD-200103011

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 29, 2001

The Texas Department of Housing and Community Affairs announces that the units of general local government listed as follows have been selected as contract recipients for 2001 program year Housing Rehabilitation Funds under the Texas Community Development Program established pursuant to Texas Government Code, Chapter 2306, §2306.096.

A contract is not effective until executed by the unit of general local government and the Executive Director of the Texas Department of Housing and Community Affairs.

Brookshire - $250,000, Mason County - $250,000, Milano - $250,000, Mingus - $250,000, Paris - $250,000, Robstown - $250,000.

TRD-200103012

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 29, 2001

The Texas Department of Housing and Community Affairs announces that the units of general local government listed as follows have been selected as contract recipients for 2001 program year Colonia Construction Funds under the Texas Community Development Program established pursuant to Texas Government Code, Chapter 2306, §2306.096.

A contract is not effective until executed by the unit of general local government and the Executive Director of the Texas Department of Housing and Community Affairs.

Bandera County - $500,000, Brooks County - $500,000, Cameron County - $500,000, Dimmit County - $475,000, Hidalgo County - $500,000, Karnes County - $500,000, Kenedy County - $500,000, Kerr County - $500,000, Kleberg County - $500,000, Maverick County - $500,000, Webb County - $500,000, Willacy County - $469,543, Zapata County - $500,000.

TRD-200103013

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 29, 2001

The Texas Department of Housing and Community Affairs announces that the units of general local government listed as follows have been selected as contract recipients for 2001 program year Colonia Planning Funds under the Texas Community Development Program established pursuant to Texas Government Code, Chapter 2306, §2306.096.

A contract is not effective until executed by the unit of general local government and the Executive Director of the Texas Department of Housing and Community Affairs.

Hidalgo County - $200,000, Kendall County - $49,500, Kenedy County - $25,000, Live Oak County - $28,000.

If you have any questions or need additional information, please contact Jeff Vistein at (512) 475-3855 or by e-mail at the following address jvistein@tdhca.state.tx.us..

TRD-200103014

Daisy A. Stiner

Executive Director

Texas Department of Housing and Community Affairs

Filed: May 29, 2001

1.0. Name and Style of Game.

A. The name of Instant Game Number 238 is "HIGH ROLLER". The play style in Game 1 is a "key number match with tripler". The play style in Game 2 is "add up". The play style in Game 3 is "beat score". The play style in the Bonus Box is "key symbol match".

1.1. Price of Instant Ticket.

A. Tickets for Instant Game Number 238 shall be $5.00 per ticket.

1.2. Definitions in Instant Game Number 238.

A. Display Printing--That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint--The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol--One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: $1.00, $2.00, $4.00, $5.00, $10.00, $50.00, $100, $500, $1,000, $50,000, STAR SYMBOL, GOLD SYMBOL, STACK OF BILLS SYMBOLS, MONEY SYMBOL, WHEEL SYMBOL, CHIP SYMBOL, ACE CARD SYMBOL, 1 SYMBOL, 2 SYMBOL, 3 SYMBOL, 4 SYMBOL, 5 SYMBOL, 6 SYMBOL, KING CARD SYMBOL, QUEEN CARD SYMBOL, JACK CARD SYMBOL, TEN CARD SYMBOL, NINE CARD SYMBOL, EIGHT CARD SYMBOL, SEVEN CARD SYMBOL, SIX CARD SYMBOL, FIVE CARD SYMBOL, FOUR CARD SYMBOL, THREE CARD SYMBOL, and TWO CARD SYMBOL.

D. Play Symbol Caption--the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Table 1

[graphic]

[graphic]

E. Retailer Validation Code--Three small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are:

Table 2

[graphic]

Low-tier winning tickets use the required codes listed in Table 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Table 2 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number--A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be : 0000000000000.

G. Low-Tier Prize--A prize of $5.00, $8.00, $10.00, or $20.00.

H. Mid-Tier Prize--A prize of $50.00, $100, or $500.

I. High-Tier Prize--A prize of $1,000, $5,000, and $50,000.

J. Bar Code--A 22 character interleaved two of five bar code which will include a three digit game ID, the seven digit pack number, the three digit ticket number and the nine digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number--A 13 digit number consisting of the three digit game number (238), a seven digit pack number, and a three digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be : 238-0000001-000.

L. Pack--A pack of "HIGH ROLLER" Instant Game tickets contain 75 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one. The packs will alternate. One pack will show the front of ticket 000 and the back of 074, while the other fold will show the back of ticket 000 and front of 074.

M. Non-Winning Ticket--A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket--A Texas Lottery "HIGH ROLLER" Instant Game Number 238 ticket.

2.0. Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule §401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in Game 1 of the "HIGH ROLLER" Instant Game is determined once the latex on the ticket is scratched off to expose seven play symbols. If the player matches their Lucky Dollar Amounts to the Prize Amount in the center the player will win that prize. If the player gets a star symbol the player will win triple the Prize Amount in the center. A prize winner in Game 2 of the "HIGH ROLLER" Instant Game is determined once the latex on the ticket is scratched off to expose 12 play symbols. If the total of the player's YOUR ROLL equals seven or 11 for each roll, the player will win the prize shown for that roll. A prize winner in Game 3 of the "HIGH ROLLER" Instant Game is determined once the latex on the ticket is scratched off to expose 12 play symbols. If the player's YOUR CARD beats the DEALER'S CARD within a hand the player will win the prize shown. A prize winner in the bonus game of the "HIGH ROLLER" Instant Game is determined once the latex on the ticket is scratched off to expose one play symbol. The player wins $10 instantly if the player gets a chip symbol. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1. Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 32 Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 32 Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 32 Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 32 Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2. Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical play data, spot for spot.

B. There will be no correlation between a prize symbol and the play symbol it appears with.

C. There will be no duplicate non-winning play symbols in Games 1, 2, and 3.

D. No duplicate non-winning rolls in any order will appear in Game 2.

E. No duplicate YOUR CARD play symbols will appear in Game 3.

F. No duplicate DEALER'S CARD play symbols will appear in Game 3.

G. No ties between YOUR CARD and the DEALER'S CARD within a hand in Game 3.

2.3. Procedure for Claiming Prizes.

A. To claim a "HIGH ROLLER" Instant Game prize of $5.00, $8.00, $10.00, $20.00, $50.00, $100, or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "HIGH ROLLER" Instant Game prize of $1,000, $5,000 or $50,000 the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "HIGH ROLLER" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resource Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code

F. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4. Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5. Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "HIGH ROLLER" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6. If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "HIGH ROLLER" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7. Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0. Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0. Number and Value of Instant Prizes. There will be approximately 10,373,250 tickets in the Instant Game Number 238. The approximate number and value of prizes in the game are as follows:

Table 3

[graphic]

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery.

5.0. End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game Number 238 without advance notice, at which point no further tickets in that game may be sold.

6.0. Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game Number 238, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200102883

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: May 23, 2001

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The TNRCC staff proposes a DO 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 EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the TNRCC pursuant to Texas Water Code (TWC), §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 9, 2001 . The TNRCC will consider any written comments received and the TNRCC may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that a proposed DO 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 DO is not required to be published if those changes are made in response to written comments.

A copy of each of the proposed DOs 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. Comments about the DO should be sent to the attorney designated for the DO 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 9, 2001 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the TNRCC in writing .

(1) COMPANY: Abel Lopez, Jr. dba Savey 1; DOCKET NUMBER: 1999-0279-PST-E; TNRCC ID NUMBER: 0031361; LOCATION: 2713 Mustang Drive, Grapevine, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of refined petroleum products; RULES VIOLATED: §334.7, by failing to provide a written notice to the executive director that the underground storage tanks (USTs) were out of service; §334.54, by failing to properly upgrade or permanently remove from service the USTs which were temporarily out of service in excess of 12 months; PENALTY: $10,625; STAFF ATTORNEY: Elisa Roberts, Litigation Division, MC R-4, (817) 588-5877; REGIONAL OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(2) COMPANY: Derek T. Williams; DOCKET NUMBER: 2000-1187-OSI-E; TNRCC ID NUMBER: OS4948; LOCATION: 250 Oak Lane, Vidor, Orange County, Texas; TYPE OF FACILITY: on-site sewage facility; RULES VIOLATED: §285.7(h) and §285.91(4), by failing to submit three maintenance reports, one total suspended solids sample, and one biochemical oxygen demand sample for each contract; §285.7(h) and §285.91(4), by failing to include fecal coliform or chlorine residual testing information for each contract in the three maintenance reports that were submitted; PENALTY: $313; STAFF ATTORNEY: Joshua M. Olszewski, Litigation Division, MC 175, (512) 239-3645; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Fwy., Beaumont, Texas 77703-1892, (409) 892-2119.

(3) COMPANY: Dupree-Pruett Company, Inc. dba One Stop Convenience Stores; DOCKET NUMBER: 2000-0617-PST-E; TNRCC ID NUMBER: 0052819; LOCATION: 1414 E. Blanco, Boerne, Kendall County, Texas; TYPE OF FACILITY: underground storage tanks (UST); RULES VIOLATED: §334.48(c), by failing to conduct effective or automatic manual inventory control procedures for each UST system; §334.50(b)(1), by failing to provide proper release detection requirements for each UST system's tanks and piping by not testing line leak detectors once per year and not testing non-pressurized piping tightness once every three years; §334.10(b)(1)(A), by failing to develop, maintain, and have readily available for inspection all UST records required including records documenting compliance with release detection and inventory control requirements prior to December 20, 1999 inspection, and records which documented the UST system's compliance with the corrosion protection requirements; §37.815, by failing to maintain a demonstration of financial assurance and responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases arising from the UST operations; PENALTY: $6,300; STAFF ATTORNEY: Reynaldo De Los Santos, Litigation Division, MCR-13, (210) 403-4016; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Rd., San Antonio, Texas 78233-4480, (210) 490-3096.

(4) COMPANY: Mark Locke dba Champion Water Services dba Dayton Oaks Estates Public Water Supply; DOCKET NUMBER: 2000-0655-PWS-E; TNRCC ID NUMBER: 1460136; LOCATION: County Roads 2339 and 2341, Liberty, Liberty County, Texas; TYPE OF FACILITY: public water supply system; RULES VIOLATED: §290.106(c)(5) and §290.117(e)(2) and (g), by failing to conduct reduced tap monitoring for lead and copper and to provide public notice of the lead and copper sampling violations; §290.51(a)(3) and THSC, §341.041, by failing to pay public health service fees; §290.46(d)(2), by failing to maintain the required chlorine residual at all times and throughout all parts of the public water supply; §290.46(r), by failing to maintain a minimum water pressure of 35 pounds per square inch at a flow rate of 1.5 gallons per minute at each service outlet or connection; §290.118(b) and THSC, §341.031(a) and §341.0315(c), by failing to provide water that meets the Commission's "Drinking Water Standards" for iron and manganese; §290.46(v), by failing to install electrical wiring within a securely mounted conduit; §290.46(m), by failing to initiate a program to facilitate cleanliness and improve the general appearance of all of the system's plant facilities by cutting the grass and removing debris at the well site; PENALTY: $1,938; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Ave., Ste. H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: WeeBe Industries, Inc.; DOCKET NUMBER: 2000-0776-AIR-E; TNRCC ID NUMBER: TA-0611-H; LOCATION: 3700 Flory Street, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: architectural metal work manufacturing business; RULES VIOLATED: §115.426(a)(1)(B) and THSC, §382.085(b), by failing to maintain records of the utilization of Volatile Organic Compound (VOC) compliant coatings and solvents during an inspection on August 19, 1999; §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain a permit prior to beginning operations during an inspection on August 19, 1999; §115.426(a)(1)(B) and THSC, §382.085(b), by failing to maintain records of the utilization of VOC compliant coatings and solvents during an inspection on December 22, 1999; §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain a permit prior to beginning operations during an inspection on December 22, 1999; PENALTY: $20,000; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

TRD-200103008

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 29, 2001

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 9, 2001 . 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 9, 2001 . 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: Alliant Energy Desdemona, L.P.; DOCKET NUMBER: 2000-1093-AIR-E; IDENTIFIER: Air Account Number EA-0085-H; LOCATION: Desdemona, Eastland County, Texas; TYPE OF FACILITY: natural gas compression; RULE VIOLATED: 30 TAC §122.146(1) and the Code, §382.085(b), by failing to certify compliance with the Title V General Operation Permit Number O-00323; and 30 TAC §106.512(6)(B), §116.110(a), and the Code, §382.085(b), by failing to extend exhaust stacks for engines E-5 and E-7; PENALTY: $7,875; ENFORCEMENT COORDINATOR: George Ortiz, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(2) COMPANY: Blue Dolphin Energy Company; DOCKET NUMBER: 2001-0017-AIR-E; IDENTIFIER: Air Account Number BL-0421-R; LOCATION: Freeport, Brazoria County, Texas; TYPE OF FACILITY: oil and gas production; RULE VIOLATED: 30 TAC §122.146(2) and the Code, §382.085(b), by failing to submit annual compliance certifications; and 30 TAC §122.145(2)(B) and the Code, §382.085(b), by failing to submit deviation reports; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Kevin Keyser, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: The City of Coleman; DOCKET NUMBER: 2000-1092-AIR-E; IDENTIFIER: Air Account Number CO-0003-M; LOCATION: Coleman, Coleman County, Texas; TYPE OF FACILITY: electrical generation; RULE VIOLATED: 30 TAC §122.146(1) and the Code, §382.085(b), by failing to certify compliance with the Title V General Operating Permit Number O-00102; PENALTY: $4,000; ENFORCEMENT COORDINATOR: George Ortiz, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(4) COMPANY: City of Crystal City; DOCKET NUMBER: 2000-1078-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10098-001; LOCATION: Crystal City, Zavala County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and §325.4, and TPDES Permit Number 10098-001, by failing to employ a class B certified wastewater treatment facility operator; 30 TAC §305.125(1) and §319.4 - 319.12, and TPDES Permit Number 10098-001, by failing to perform pH and dissolved oxygen analyses on effluent samples and routinely perform minimum process control testing; 30 TAC §§305.125(1), 312.1, and 312.13, and TPDES Permit Number 10098-001, by failing to remove stock-piled sludge and clean sludge drying beds; and 30 TAC §305.125(1) and §312.142(a), and TPDES Permit Number 10098-001, by failing to register to transport municipal sludge prior to initiating transportation of sewage sludge; PENALTY: $15,000; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(5) COMPANY: CX Transportation, A Division of TIC United Corporation; DOCKET NUMBER: 2000-1390-MLM-E; IDENTIFIER: Air Account Number CS-0048-P; LOCATION: New Braunfels, Comal County, Texas; TYPE OF FACILITY: transportation terminal for bulk lime and cement handling; RULE VIOLATED: 30 TAC §106.144, §116.110(a), and the Code, §382.085(b) and §382.0518(a), by failing to treat the vehicle work areas to achieve maximum control of dust emissions; 30 TAC §335.4 and the Code, §26.121, by allowing the discharge of industrial waste onto the ground; and 30 TAC §101.4 and the Code, §382.085(a) and (b), by failing to prevent the discharge of air contaminants; PENALTY: $5,625; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(6) COMPANY: Dean-Chem, Inc.; DOCKET NUMBER: 2000-1265-AIR-E; IDENTIFIER: Air Account Number HX-2466-F; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: small hard chrome electroplating shop; RULE VIOLATED: 30 TAC §116.110(a) and the Code, §382.085(b) and §382.0518(a), by failing to obtain a permit; and 30 TAC §113.190, 40 Code of Federal Regulations (CFR) Part 63 Subpart N, and the Code, §382.085(b), by failing to come into compliance with the National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: The City of Ector; DOCKET NUMBER: 2001-0084-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 0740007; LOCATION: Ector, Fannin County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(1)(F), by failing to provide documentation of sanitary control easements; and 30 TAC §290.45(b)(1)(D)(i), by failing to meet water system capacity requirements; PENALTY: $500; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010- 6499, (817) 588-5800.

(8) COMPANY: Mr. Eddie Johnson dba Eddie's Paint & Body Shop; DOCKET NUMBER: 2001-0125-AIR-E; IDENTIFIER: Air Account Number AC-0093-I; LOCATION: Lufkin, Angelina County, Texas; TYPE OF FACILITY: automotive body shop; RULE VIOLATED: 30 TAC §116.110(a) and the Code, §382.085(b) and §382.0518(a), by failing to obtain a permit or meet the conditions of a permit by rule; PENALTY: $800; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(9) COMPANY: Elmo Water Supply Corporation; DOCKET NUMBER: 2000-1344-PWS-E; IDENTIFIER: PWS Number 1290013; LOCATION: Elmo, Kaufman County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(iii) and (iv), and (f)(4), by failing to provide a pressure tank capacity of 20 gallons per connection or an elevated storage tank capacity of 100 gallons per connection, provide the pump station with two or more pumps that have a total capacity of two gallons per minute (gpm) per connection, and provide a maximum authorized daily purchase rate; PENALTY: $1,375; ENFORCEMENT COORDINATOR: Wendy Cooper, (817) 588-5800; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010- 6499, (817) 588-5800.

(10) COMPANY: Mr. Bobby Lee dba Environmental Box Cleaning and Storage Services; DOCKET NUMBER: 2000-1275-IHW-E; IDENTIFIER: Solid Waste Registration Number 83646; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: container cleaning and servicing; RULE VIOLATED: 30 TAC §§335.94(a), 335.2(a), 335.43(a), and 40 CFR §270.1(c), by failing to obtain a permit for storing hazardous wastes; 30 TAC §335.69(a)(1)(B), §335.112(a)(9), and 40 CFR §262.34(a)(1)(ii) and §265.193(a)(1), by failing to have secondary containment for a wastewater holding tank; and 30 TAC §335.9(a)(1), by failing to maintain records of hazardous wastes generated and shipped off-site; PENALTY: $6,400; ENFORCEMENT COORDINATOR: Faye Liu, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: Tuong H. Nguyen dba Express Way Food Store; DOCKET NUMBER: 2001- 0028-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility ID Number 0064954; LOCATION: Mesquite, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.242(3)(J) and the Code, §382.085(b), by failing to maintain the Stage II vapor recovery system; 30 TAC §115.245(2) and the Code, §382.085(b), by failing to conduct pressure decay testing annually; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475, by failing to test a line leak detector; and 30 TAC §334.21, by failing to pay the underground storage tank (UST) fees; PENALTY: $5,625; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(12) COMPANY: FFP Marketing Company, Inc.; DOCKET NUMBER: 2001-0193-AIR-E; IDENTIFIER: Air Account Number EE-1961-R; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: gasoline dispensing station; RULE VIOLATED: 30 TAC §114.100(a) and the Code, §382.085(b), by failing to comply with the 2.7% by weight oxygenated fuel content requirement; PENALTY: $750; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(13) COMPANY: Grand Ranch Treatment Company; DOCKET NUMBER: 2001-0269-MWD- E; IDENTIFIER: TPDES Permit Number 13846-001; LOCATION: Joshua, Johnson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (5), §319.1, TPDES Permit Number 13846-001, and the Code, §26.121, by failing to comply with the permitted daily average limit of 15 milligrams per liter (mg/L) for total suspended solids (TSS), submit the discharge monitoring reports, comply with permitted single grab sample limit of 60 mg/L for TSS, permitted daily average load limit of 3.8 pounds per day (lbs/day) for TSS, permitted daily average limit of 200 fecal coliform bacteria colonies, and permitted seven day average limit of 400 fecal coliform bacteria colonies; PENALTY: $5,400; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(14) COMPANY: Harris County Precinct No. 1 - Main Camp; DOCKET NUMBER: 2001- 0030-PWS-E; IDENTIFIER: Air Account Number BL-0421-R; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.117(e)(2) and the Code, §341.0315, by failing to conduct annual reduced lead and copper tap monitoring; PENALTY: $313; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15) COMPANY: Hart and Cooley, Inc.; DOCKET NUMBER: 2000-1444-AIR-E; IDENTIFIER: Air Account Number EE-2271-T; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: fabricated metal product manufacturing; RULE VIOLATED: 30 TAC §122.121, §122.130(b)(1), and the Code, §382.054 and §382.085(b), by failing to submit an initial abbreviated Federal Operating Permit Application; and 30 TAC §116.110(a) and the Code, §382.0518(a) and §382.085(b), by failing to obtain a permit or satisfy the conditions of a permit by rule for modifications; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Rebecca Cervantes, (915) 834-4949; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(16) COMPANY: Holly Huff Water Supply Corporation; DOCKET NUMBER: 2000-1457- PWS-E; IDENTIFIER: PWS Number 1210004; LOCATION: Jasper, Jasper County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.121(a), by failing to maintain a copy of the chemical and microbiological monitoring plan; 30 TAC §290.46(m) and §290.46(v), by failing to have an adequate maintenance program; 30 TAC §290.43(c)(4), by failing to provide a working water level indicator; 30 TAC §290.45(b)(1)(D)(i) and (v), by failing to provide a total rated well capacity of 0.6 gpm per connection and provide an emergency power supply or interconnection to another public water system; and 30 TAC §290.41(c)(1)(F), by failing to secure and record sanitary well easements; PENALTY: $1,488; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(17) COMPANY: Hope Center Youth and Family Services; DOCKET NUMBER: 2000-0941- MWD-E; IDENTIFIER: TPDES Permit Number 11943-001; LOCATION: Groveton, Trinity County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), (5), and (11)(B) and (C), §319.7(a), (c), and (d), and TPDES Permit Number 11943-001, by failing to ensure that all systems of collection, treatment, and disposal are properly operated and maintained; submit effluent reports; report, in writing, any effluent violation; record and maintain records of calibration for the pH meter; meet minimum permit effluent limits; meet the minimum dissolved oxygen (DO) permit limit of four mg/L and the minimum chlorine residual permit limit of one mg/L; properly record results of chlorine residuals; have an effluent flow measuring device; and properly report results of chlorine residual analysis; PENALTY: $5,625; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(18) COMPANY: Mr. Javier Tapia dba J.T. Dairy; DOCKET NUMBER: 2001-0328-AGR-E; IDENTIFIER: Enforcement Identification Number 16089; LOCATION: San Angelo, Tom Green County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.31(a) and the Code, §26.121, by failing to prevent the discharge of waste and wastewater; and 30 TAC §321.33(e), by failing to locate, construct, and manage waste control facilities; PENALTY: $4,800; ENFORCEMENT COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(19) COMPANY: Knightco Company dba Superior Lubricants; DOCKET NUMBER: 2001- 0182-PST-E; IDENTIFIER: PST Facility Identification Number 0033904; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: gasoline service station; RULE VIOLATED: 30 TAC §115.245(2) and the Code, §382.085(b), by failing to perform an annual pressure decay test; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(20) COMPANY: KO Steel Foundry and Machine Company, A Division of TIC United Corporation; DOCKET NUMBER: 2001-0073-AIR-E; IDENTIFIER: Air Account Number BG-0112- O; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: foundry; RULE VIOLATED: 30 TAC §101.10 and the Code, §382.085(b), by failing to submit an emissions inventory questionnaire; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490- 3096.

(21) COMPANY: Lake Livingston Water and Sewer Service Corporation; DOCKET NUMBER: 2000-1399-PWS-E; IDENTIFIER: PWS Numbers 2040009 and 1870137; LOCATION: Shepherd, San Jacinto County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.43(d)(3) and (e), and §290.46(m), by failing to provide the pressure tank with a device for determining the air-water-volume ratio, maintain the intruder-resistant fence, and the general appearance of the tanks; 30 TAC §290.45(b)(1)(C)(i), (ii), (iii), and (iv), by failing to provide a well capacity of 0.6 gpm per connection, provide a total storage capacity of 200 gallons per connection, provide two or more service pumps having a total capacity of two gpm per connection, and a pressure tank capacity of 20 gallons per connection; and 30 TAC §290.46(u) and (v), and the Code, §76.1004(a), by failing to plug or repair to a non-deteriorated condition the out-of-service well and install wiring at well numbers one and two in securely mounted conduit; PENALTY: $2,063; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(22) COMPANY: Lasco Bathware, Inc.; DOCKET NUMBER: 2000-1446-AIR-E; IDENTIFIER: Air Account Number DB-0976-P; LOCATION: Lancaster, Dallas County, Texas; TYPE OF FACILITY: fiberglass bathware; RULE VIOLATED: 30 TAC §116.116(a) and the Code, §382.085(b), by failing to properly install the filters in the fiberglass area; 30 TAC §101.6(a)(1)(A) and the Code, §382.085(b), by failing to determine whether an upset is a reportable quantity; and 30 TAC §116.115(c), Permit Number 9519, and the Code, §382.085(b), by failing to maintain the facility operation within the maximum allowable emission rate table limit; PENALTY: $35,000; ENFORCEMENT COORDINATOR: Wendy Cooper, (817) 588-5800; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588- 5800.

(23) COMPANY: City of Lexington; DOCKET NUMBER: 2001-0292-MWD-E; IDENTIFIER: TPDES Permit Number 10016-001 and Environmental Protection Agency Identification Number TX0054429; LOCATION: Lexington, Lee County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10016-001, and the Code, §26.121, by failing to comply with permit limits for five-day biochemical oxygen demand (BOD), pH, and TSS; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Jaime Garza, (915) 425-6010; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(24) COMPANY: Roy Martini dba Roy Martini Special Services; DOCKET NUMBER: 2001- 0102-MSW-E; IDENTIFIER: Unauthorized Facility Number 45514010; LOCATION: Robstown, Nueces County, Texas; TYPE OF FACILITY: municipal solid waste; RULE VIOLATED: 30 TAC §330.4, §330.5, and the Code, §26.121, by failing to obtain authorization or a permit prior to accepting municipal solid waste; 30 TAC §328.57(c)(1) and (3), by failing to obtain a scrap tire transporter registration and transport scrap tires to an authorized tire facility; and 30 TAC §328.60(a), by failing to obtain a scrap tire storage facility registration prior to transporting more than 500 scrap tires; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Carol McGrath, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(25) COMPANY: Matheson Tri-Gas, Inc.; DOCKET NUMBER: 2001-0048-AIR-E; IDENTIFIER: Air Account Number HG-1436-O; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: transfilling, various gas mixture manufacturing, and residual gas treatment RULE VIOLATED: 30 TAC §116.110(a)(1) and (4), and the Code, §382.085(b), by failing to obtain a permit for storage, transfilling, and disposal of chemicals and satisfy the conditions for facilities permitted by rule; PENALTY: $4,800; ENFORCEMENT COORDINATOR: Trina Lewison, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(26) COMPANY: McKinney Crushing Company, Incorporated; DOCKET NUMBER: 2000- 1164-AIR-E; IDENTIFIER: Air Account Number 90-0168-O; LOCATION: Terrell, Kaufman County, Texas; TYPE OF FACILITY: rock crusher; RULE VIOLATED: 30 TAC §116.115(b) and (c), Permit Number 168L, and the Code, §382.085(b), by failing to operate and maintain spray arms on the crusher and water stockpiles and roads of the plant as necessary to achieve maximum control of the dust; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(27) COMPANY: Paul H. Krebs dba Roving Meadows Utilities Wastewater Treatment Facilities; DOCKET NUMBER: 2001-0013-MWD-E; IDENTIFIER: TPDES Permit Number 12691-001; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 12691-001, and the Code, §26.121, by failing to comply with the permitted daily average concentration limit of 15.0 mg/L, single grab limit of 60.0 mg/L, and the daily average loading limit of 2.8 pounds per day for TSS, correctly calculate and report TSS and BOD daily average concentration and daily average loading values; PENALTY: $4,375; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767- 3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(28) COMPANY: Bennard Rowland dba Rowland Dusters; DOCKET NUMBER: 2000-0834- PST-E; IDENTIFIER: PST Facility Identification Number 15260; LOCATION: Lasara, Willacy County, Texas; TYPE OF FACILITY: crop dusting; RULE VIOLATED: 30 TAC §334.6 and §334.55(a) and (e), by failing to provide notification of construction activities prior to initiating the permanent abandonment of USTs in-place, have qualified personnel conduct the construction activities, and empty the USTs of residue or residual vapors, and conduct a site assessment; 30 TAC §334.10(b)(1)(A), by failing to develop and maintain all records; 30 TAC §334.49(a) and the Code, §26.3475, by failing to equip the UST system with corrosion protection; 30 TAC §334.50(a)(1)(A) and the Code, §26.3475, by failing to provide a release detection method; 30 TAC §334.51(b)(2) and the Code, §26.3475, by failing to equip the UST system with tight-fill fitting, spill containment, and overfill protection equipment; and 30 TAC §334.93(a)(2) and (b)(1), by failing to demonstrate financial responsibility for taking corrective action; PENALTY: $9,600; ENFORCEMENT COORDINATOR: Sandra Hernandez, (915) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (915) 425-6010.

(29) COMPANY: SANIN, Inc.; DOCKET NUMBER: 1999-1407-PST-E; IDENTIFIER: PST Facility Identification Number 0029667; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: underground storage tank; RULE VIOLATED: 30 TAC §334.50(a)(1)(A) and the Code, §26.3475, by failing to provide a method of release detection; 30 TAC §334.49(a)(2) and (3), and the Code, §26.3475, by failing to operate a corrosion protection system and maintain corrosion protection records; and 30 TAC §334.93, by failing to demonstrate, at the time of inspection, the necessary financial responsibility for taking corrective action; PENALTY: $8,500; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(30) COMPANY: The Sherwin-Williams Company; DOCKET NUMBER: 2001-0010-AIR-E; IDENTIFIER: Air Account Number DB-0728-N; LOCATION: Garland, Dallas County, Texas; TYPE OF FACILITY: paint manufacturing; RULE VIOLATED: 30 TAC §122.130(c)(2), §122.121, and the Code, §382.054 and §382.085(b), by failing to submit a Title V operating permit application and continuing to operate; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Bill Davis, (512) 239-6793; REGIONAL OFFICE: 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(31) COMPANY: Southern Montgomery County Municipal Utility District; DOCKET NUMBER: 2000-1124-MWD-E; IDENTIFIER: TPDES Permit Number 11001-001; LOCATION: Spring, Montgomery County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §§305.125(1), 319.7(a), 325.2(a), TPDES Permit Number 11001-001, and the Code, §26.121, by failing to prevent the unauthorized discharge of raw sewage, identify the individual who collected samples and made measurements, and prevent an uncertified individual from operating the facility; and 30 TAC §319.302(c) and the Code, §26.039(e), by failing to notify the local media of a sewage spill; PENALTY: $13,200; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(32) COMPANY: Starward Realty and Development, Inc. dba Sunchase Subdivision Water Supply; DOCKET NUMBER: 2000-0767-PWS-E; IDENTIFIER: PWS Number 1230083; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.120(h)(4), by failing to conduct a corrosion control study; and 30 TAC §291.76 and the Code, §5.235(n), by failing to pay the regulatory assessment fees; PENALTY: $313; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1892, (409) 898-3838.

(33) COMPANY: Stoney Point Agricorp, Inc.; DOCKET NUMBER: 2000-1229-AGR-E; IDENTIFIER: TPDES Permit Number 003681-000 (expired); LOCATION: Covington, Hill County, Texas; TYPE OF FACILITY: cattle feedlot; RULE VIOLATED: 30 TAC §321.34(e), §321.33(f), and the Code, §26.121(c), by failing to submit an application for renewal and continuing to operate; PENALTY: $0; ENFORCEMENT COORDINATOR: James Jackson, (254) 751-0335; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(34) COMPANY: Structural Metals, Inc.; DOCKET NUMBER: 2000-1048-AIR-E; IDENTIFIER: Air Account Number GL-0028-H and Air Permit Number 37740; LOCATION: Seguin, Guadalupe County, Texas; TYPE OF FACILITY: electric arc furnace; RULE VIOLATED: 30 TAC §122.121 and the Code, §382.054, by failing to stop operation of a unit having major emissions of sulfur dioxide; 30 TAC §116.115(b)(2)(G), Permit Number 8248, and the Code, §382.085(b), by failing to limit sulfur dioxide emissions from the electric arc furnace; 30 TAC §113.615(2) and the Code, §382.085(b), by failing to obtain permit authorization to emit large quantities of sulfur dioxide; and 30 TAC §122.136(b) and the Code, §382.085(b), by failing to correct the federal operating permit application within 60 days of discovering that the facility is a major source of sulfur dioxide emissions; PENALTY: $12,000; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(35) COMPANY: The Texas Department of Criminal Justice; DOCKET NUMBER: 2000-1162- MWD-E; IDENTIFIER: TPDES Permit Number 10829-001; LOCATION: Angleton, Brazoria County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10829-001, and the Code, §26.121, by failing to comply with the ammonia-nitrogen daily average permit limit and the DO minimum limit; PENALTY: $850; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(36) COMPANY: United Rentals, Inc.; DOCKET NUMBER: 2001-0192-AIR-E; IDENTIFIER: Air Account Number EE-1203-U; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: equipment rental and leasing; RULE VIOLATED: 30 TAC §114.100(a) and the Code, §382.085(b), by failing to comply with the 2.7% by weight oxygenate content requirement during the control period; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901- 1206, (915) 834-4949.

TRD-200103001

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 29, 2001

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 (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission 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 no later than the 30th day before the date on which the public comment period closes, which in this case is July 9, 2001 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission 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. 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 9, 2001 . 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 .

(1) COMPANY: City of Little Elm; DOCKET NUMBER: 2000-0023-MWD-E; TNRCC ID NUMBER: TX0053783, 11600-001; LOCATION: 2600 feet east of the intersection of Farm-to- Market Road (FM) 720 and Hart Road, approximately 1000 feet south of FM 720 in Denton County, Texas; TYPE OF FACILITY: municipal wastewater treatment plant; RULES VIOLATED: TWC, §26.121, NPDES Permit Number TX0053783, and WQ Permit Number 11600-001, by exceeding the biochemical oxygen demand limits, and exceeding the total suspended solids effluent limits; PENALTY: $11,250; STAFF ATTORNEY: Laurel Lindsey, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(2) COMPANY: Elhamad Enterprises, Inc. dba Jr's Mini Mart; DOCKET NUMBER: 1999- 1236-PST-E; TNRCC ID NUMBER: 0034001; LOCATION: 2600 E. Belknap, Forth Worth, Tarrant County, Texas; TYPE OF FACILITY: underground petroleum storage tank facility (UST); RULES VIOLATED: §115.222(5) and Texas Health and Safety Code (THSC), §382.085(b), by failing to have a pressure vacuum relief valve at the top of each vent pipe; §334.48(c), by failing to perform inventory control procedures for the UST system; §334.50(a)(1)(A), (d)(1)(B)(ii) and (iii)(1), by failing to provide a method of leak detection, failing to provide records indicating inventory control is being reconciled each month, and failing to provide documentation indicating that volume measurements are recorded each day; §334.51(b)(2)(B) and (C), by failing to provide a spill container/catchment basin at each UST fill tube and install an automatic shut off valve or other device at each UST; §334.93(a) and (b), by failing to provide documentation of corrective action and third party liability insurance; PENALTY: $19,500; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Arlington Regional Office, 1101 East Arkansas Lane, Arlington, Texas 76010-6499, (817) 588-5800.

(3) COMPANY: Joe Hamilton dba Keg Korner; DOCKET NUMBER: 1999-0443-PST-E; TNRCC ID NUMBER: 71627; LOCATION: intersection of FM 1476 and FM 1496, Proctor, Comanche County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: §334.7(a)(1) and TWC, §26.346(a), by failing to register with the Commission, on authorized forms, underground storage tanks (UST); §§334.401(a), 334.414, and 334.55(a)(3), by failing to have the permanent removal from service of a UST conducted by a qualified person possessing the required license or certification; by failing to utilize a contractor registered with the Commission for the permanent removal; by failing to utilize a licensed installer or on-site supervisor for the permanent removal; and by failing to complete the permanent removal from service of a UST system in a manner designed to minimize the risks to human health and safety or the environment; §334.55(a)(6) and (e), by failing to conduct a site assessment in response to the permanent removal from service of a UST system; §334.55(b)(4)(A), by failing to transport a tank from the removal site within 24 hours of removal; §334.21, by failing to pay the required annual UST registration fees; PENALTY: $13,500; STAFF ATTORNEY: Elisa Roberts, Litigation Division, MC R-4, (817) 588-5877; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Blvd., Abilene, Texas 79602-7833, (915) 698-9674.

(4) COMPANY: Steves & Sons, Incorporated; DOCKET NUMBER: 1999-0699-AIR-E; TNRCC ID NUMBER: BG-0214-F; LOCATION: 203 Humble Avenue, San Antonio, Bexar County, Texas; TYPE OF FACILITY: wood door manufacturing operation plant; RULES VIOLATED: §101.4 and THSC, §382.085(a) and (b), by failing to maintain abatement equipment thereby causing a nuisance condition, specifically, accidentally allowed sawdust emissions in such concentration and of such duration as to interfere with the normal use and enjoyment of animal life, vegetation, or property; §101.4 and THSC. §382.085(a) and (b), by failing to maintain abatement equipment thereby causing a nuisance condition, specifically, when an employee mistakenly opened the hopper of the sawdust collection system, which allowed sawdust to spill to the floor and disperse offsite during cleanup in such concentration and of such duration as to interfere with the normal use and enjoyment of animal life, vegetation, or property; PENALTY: $4,375; STAFF ATTORNEY: Joshua M. Olszewski, Litigation Division, MC 175, (512) 239-3400; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Rd., San Antonio, Texas 78233-4480, (210) 490-3096.

TRD-200103009

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 29, 2001

The Texas Natural Resource Conservation Commission will conduct a public hearing to receive comments concerning amendments to 30 TAC Chapter 115, Subchapters B, D, E, and F concerning Control of Air Pollution from Volatile Organic Compounds (VOC) and a revision to the state implementation plan (SIP) under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102 of the United States Environmental Protection Agency regulations concerning SIPs. These subchapters will be submitted as a revision to the SIP.

The rule amendments are a staff initiative needed to implement regulatory reform so that the rules are free of technical and typographical errors and are more clear and easy to read. The amendments are also needed to add clarifications consistent with rule interpretations made by the commission's Air Rule Interpretation Team into the rules. The new recordkeeping requirement is needed so that staff can determine compliance with an exemption for certain operations in Gregg, Nueces, and Victoria Counties.

A public hearing on the proposal will be held July 3, 2001, at 10:00 a.m. in Room 2210 of Texas Natural Resource Conservation Commission, 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 Ms. Angela Slupe, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087; or by fax at (512) 239-4808. All comments must be received on July 9, 2001, and should reference Rule Log No. 2001-005-115-AI. Comments received by 5:00 p.m. on that date will be considered by the commission before any final action on the proposal. For further information, please contact Ms. Jill Burditt at (512) 239-0560.

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-200102965

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 24, 2001

The Texas Natural Resource Conservation Commission (commission) will conduct public hearings to receive testimony regarding revisions to 30 TAC Chapters 101, 114 and 117, and to the state implementation plan (SIP) under the requirements of the Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102, of the United States Environmental Protection Agency (EPA) regulations concerning SIPs. The revisions concern the attainment demonstration for the Houston/Galveston (HGA) ozone nonattainment area.

The proposed SIP revision for the HGA ozone nonattainment area contains transportation conformity budgets, rate-of-progress tables, control strategies (including reduction of emissions resulting from permitting of facilities which are exempted under Texas Health and Safety Code §382.0518(g)), and the layout of the mid-course review process. The multi-part mid-course review process includes a thorough evaluation of all modeling, inventory data, and other tools used to develop the attainment demonstration, as well as an ongoing assessment of scientific studies, new technologies, and ideas to incorporate into the plan. The proposed changes to Chapter 114 and the SIP would: 1) change the idling restriction rules clarifying that the operator of a rented or leased vehicle is responsible for compliance with the requirements of Chapter 114 in situations where the operator of a leased or rented vehicle is not employed by the owner of the vehicle; and 2) limit implementation of the low emission diesel fuel control strategy for on-road fuel and non-road fuel to the four-county Dallas/Fort Worth nonattainment area, the eight-county HGA nonattainment area, the three-county Beaumont/Port Arthur nonattainment area, and the 95-county central and eastern Texas region to be able to demonstrate and maintain attainment with the ozone national ambient air quality standard. The proposed amendments and new section would modify the existing May 1, 2002 program compliance dates so that they occur in 2005 and would allow for alternative emission reduction plans.

The proposed changes to Chapter 117 and the SIP would: 1) decrease the nitrogen oxide (NO _x ) emission reductions required from electric utilities; 2) amend the schedule for the Emission Specifications for Attainment Demonstration for non-utility facilities with NO _x emissions; 3) provide for a possible alternative strategy to be implemented that will reduce the maximum amount of NO _x emission reductions required from point sources; 4) clarify the utility rules emission inventory baseline; 5) clarify the calculation of the maximum heat rate for cogeneration units; 6) add an emission specification for the attainment demonstration for stationary gas turbines and duct burners at minor sources of NO _x in HGA; 7) add flexibility to the HGA system cap requirements by allowing trading among owners under the system cap trading program on a daily or 30-day rolling average basis; 8) add flexibility for reciprocating engines fired by landfill gas; 9) add requirements to achieve the intended emission reductions of the program; 10) require stationary diesel and dual-fuel fired engines to meet new emission specifications in the HGA area; and 11) delete the exemption for certain small electric generating units.

The proposed changes to Chapter 101 and the SIP would: 1) state that level of activity for allowance determination applies to facilities and remove the requirement that level of activity relates directly to economic output or emission rate; 2) specify that only an owner or operator may certify emission reductions as emission credits; 3) allow additional time for requests for deviations from allowance allocation methods; 4) allow an additional 30 days for balancing compliance accounts; 5) allow owners or operators receiving allowances to sell allowances permanently; 6) remove the requirement that a mobile emission reduction credit be surplus when it is used; 7) disallow temporary shutdowns as sources of credits; 8) require executive director approval prior to use of emission credits; 9) correct obsolete rule citations; 10) require the executive director to conduct audits of the cap and trade program and make annual reports on the program available to the public and the EPA; 11) revise the discrete emission reduction credit discount schedule as it relates to the cap and trade program; and 12) amend the reduction and compliance schedule for non-utility facilities with NO _x emissions.

Public hearings on these proposed revisions will be held at the following times and locations: June 13, 2001, 6:00 p.m., Galveston City Council Chambers, Room 200, 823 Rosenberg, Galveston; June 14, 2001, 10:00 a.m., Rosenberg Civic and Convention Center, Room C, 3825 Highway 36 South, Rosenberg; June 14, 2001, 6:00 p.m., Houston City Hall Council Chambers, 2nd Floor, 901 Bagby, Houston; and June 15, 2001, 10:00 a.m., Texas Natural Resource Conservation Commission, Building E, Room 201S, 12100 North I-35, Austin; and July 2, 2001, 6:00 p.m., Houston City Hall Council Chambers, 2nd Floor, 901 Bagby, Houston. Notices for the June 13 - 15 hearings were published in the Fort Worth Star-Telegram, Houston Chronicle, Longview News-Journal, and San Antonio Express-News on May 11, 2001 and in the Austin American Statesman and Beaumont Enterprise on May 12, 2001.

The hearings are structured for the receipt of oral or written comments by interested persons. Registration will begin one hour prior to each hearing. Individuals may present oral statements when called upon in order of registration. A four-minute time limit will be established at each hearing to assure that enough time is allowed for every interested person to speak. Open discussion will not occur during the hearings; however, agency staff members will be available to discuss the proposal one hour before the hearings, and will answer questions before and after the hearings.

Written comments may be submitted to Heather Evans, Office of Environmental Policy, Analysis, and Assessment, MC 206, P.O. Box 13087, Austin, Texas 78711-3087; faxed to (512) 239- 4808; or emailed to siprules@tnrcc.state.tx.us. The public comment period will close at 5:00 p.m. on July 2, 2001, although written comments submitted at the July 2, 2001 hearing will be accepted. On May 10, 2001, the commission proposed changes to Chapters 114, 117, and to the SIP which were made available on the commission's web site and which were the subject of newspaper notices as listed above. Subsequently, on May 30, 2001 the commission proposed changes to Chapters 101, 117 and the SIP. The latest versions of all of the proposed rules in Chapters 101, 114 and 117 and the SIP revision were placed on the commission's web site on May 30, 2001 and are available at http://www.tnrcc.state.tx.us/oprd/sips/houston.html .

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

TRD-200103034

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 30, 2001

The following notices were issued during the period of May 14, 2001 through May 23, 2001.

The following require the applicants to publish notice in the newspaper. The public comment period, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, PO Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

CITY OF BECKVILLE has applied for a renewal of TPDES Permit No. 10718-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 140,000 gallons per day. The facility is located approximately 0.6 mile southeast of the intersection of State Highway 149 and Farm-to-Market Road 124, adjacent to Wall Branch, south of the City of Beckville in Panola County, Texas.

CITY OF CADDO MILLS has applied for renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0024970 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 10425-001. The draft permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The plant site is located approximately 0.7 mile south of the intersection of State Highway 60 and Farm to Market Road 36 in Hunt County, Texas.

CAPITOL AREA BOY SCOUTS COUNCIL, INC., BOY SCOUTS OF AMERICA has applied for a new permit, Proposed Permit No. 14187-001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 23,795 gallons per day via subsurface drainfields with a minimum area of 85,334 square feet. This notice corrects the requested flow stated in the Notice of Receipt of Application and Intent to Obtain a Water Quality Permit. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are on a 541-acre tract located along Farm-to-Market Road 1441 nearly 3.5 miles east of its intersection with State Highway 95, between U.S. Highway 290 and State Highway 71, approximately 5 miles north of Bastrop along State Highway 95 in Bastrop County, Texas.

CITY OF COPPERAS COVE has applied for a major amendment to TPDES Permit No. 10045- 005 to authorize an increase in the discharge of treated domestic wastewater from an annual average flow not to exceed 3,050,000 gallons per day to an annual average flow not to exceed 4,000,000 gallons per day. The facility is located north of the City of Copperas Cove adjacent to the west side of Farm-to-Market Road 116 at a point approximately 1.8 miles north of the intersection of Farm-to- Market Road 116 and Farm-to-Market Road 1113 in Coryell County, Texas.

CITY OF CUMBY, has applied for a renewal of TNRCC Permit No. 13792-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 120,000 gallons per day. The facility is located approximately 2000 feet east of the intersection of Interstate Highway 30 and Farm-to-Market Road 275 on the east side of the City of Cumby along the south side of the Louisiana and Arkansas Railroad in Hopkins County, Texas.

EXCEL CORPORATION which operates a slaughter house, beef packing plant, and rendering facility has applied for a major amendment to Permit No. 01350 to authorize an increase in the irrigation area from 1,445 acres to 2,865 acres. The current permit authorizes the disposal of process wastewater, utility wastewater, and domestic wastewater at an application rate not to exceed 4.2 acre feet/acre/year via irrigation of 1,445 acres and the disposal of brine and pickling wastewater at a daily average flow not to exceed 21,000 gallons per day via evaporation. This permit will not authorize a discharge of pollutants into waters in the State. The facility is located immediately south of U.S. Highway 60 and the Santa Fe Railroad, approximately 3.3 miles southwest of the City of Friona, Parmer County, Texas.

CITY OF FARWELL has applied for a major amendment to Permit No. 10661-001, to authorize an increase in the daily average flow from 147,000 gallons per day to 185,000 gallons per day and to increase the acreage irrigated from 33 acres to 34 acres of agricultural non-public access land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 1/4 mile east of the City of Farwell and immediately north of the Panhandle and Santa Fe Railroad in Parmer County, Texas.

CITY OF GEORGETOWN has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new permit, Proposed Permit No. 14232-001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day via surface irrigation of 100 acres of golf course. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 5.8 miles west of Interstate Highway 35 and 1.05 miles north of State Highway 29 in Williamson County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 17 has applied for a major amendment to TNRCC Permit No. 11917-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 450,000 gallons per day to a daily average flow not to exceed 700,000 gallons per day. The facility is located on the south bank of South Mayde Creek approximately 4000 feet east of the intersection of Elrod and Morton Roads in Harris County, Texas.

HUNTSMAN PETROCHEMICAL CORPORATION which operates a pertochemical manufacturing plant, has applied for a renewal of TNRCC Permit No. 00584 which authorizes the discharge of process wastewater , cooling tower blowdown, broiler blowdown, demineralizer blowdown, sanitary wastewater and storm water at a daily average flow not to exceed 617,000 gallons per day via outfall 001: and storm water on an intermittent and flow variable basis via outfall 002. The facility is located approximately five miles east of the Cit of Conroe: approximately 0.25 miles south of Farm-to-Market Road 1485: and approximately 0.5 miles west of the City of Cut-N- Shoot, Montgomery County, Texas.

JIM NED CONSOLIDATED INDEPENDENT SCHOOL DISTRICT has applied for a renewal of Permit No. 11908-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 5,000 gallons per day via evaporation with two (2) 0.35 acre ponds. The facility and disposal site are located north of the intersection of Avenue E and Fourth Street in Lawn in Taylor County, Texas.

CITY OF LA COSTE has applied for a renewal of TPDES Permit No. 10889-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located at the easterly city limits of the City of La Coste, approximately 0.5 mile east-southeast of the intersection of Farm-to-Market Road 471 and Farm-to- Market Road 2790, 0.30 mile due south of the Southern Pacific Railroad in Medina County, Texas.

MAHARD EGG FARMS, INC. has applied to the TNRCC for a new permit, Proposed Permit No. 04043 to authorize the disposal of process wastewater at a daily average flow not to exceed 4000 gallons per day via evaporation and irrigation etc. of 80 acres. The applicant proposes to operate an egg farm. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal area are located approximately 1.6 miles north of the intersection of County Road 90N and Texas Farm-to-Market Road 2379, on the east side of County Road 90N, Wilbarger County, Texas. The plant site and disposal area are located in the drainage basin of , in Segment No. 0206, of the Red River Above Pease River.

CITY OF NACOGDOCHES has applied for a renewal of TNRCC Permit No. 10342-004, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 12,880,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 12,880,000 gallons per day. The applicant has also applied to the TNRCC for approval of a substantial modification to its pretreatment program under the TPDES program. The facility is located on the east side of Bayou La Nana between Farm-to-Market Road 1275 and Farm-to-Market Road 2863 in Nacogdoches County, Texas.

CITY OF OMAHA has applied for a renewal of TNRCC Permit No. 10239-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located approximately 2,800 feet southwest of the intersection of U.S. Highways 67 and 259 in Morris County, Texas.

RIO GRANDE VALLEY SUGAR GROWERS, INC. has applied for a renewal of an existing wastewater permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0032905 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 01752. The draft permit authorizes the discharge of process wastewater, domestic wastewater, and stormwater at a daily average flow not to exceed 0.289 gallons per day via Outfall 001 and the disposal of partially treated wastewater via irrigation of 2000 acres. The applicant operates a raw sugar and molasses production facility. The plant site is located three miles west of the community of Santa Rosa on State Highway 107 in Hidalgo County, Texas.

CITY OF SAN ANGELO has applied for renewal of an existing filter backwash water permit. The applicant has an existing National Pollutant Discharge Elimination System (NPDES) Permit No. TX0002178 and an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 10641-001. The draft permit authorizes the discharge of filter backwash water at a daily average flow not to exceed 400,000 gallons per day. The plant site is located at Avenue I and Metcalf Street in the City of San Angelo in Tom Green County, Texas.

SAN YGNACIO MUNICIPAL UTILITY DISTRICT has applied for a renewal of Permit No. 13383-001 to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 0.194 million gallons per day via irrigation of 72 acres of pastureland. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal site are located approximately 2.2 miles north-northeast of the intersection of U.S. Highway 83 and Farm-to-Market Road 3169 at San Ygnacio in Zapata County, Texas.

STEAG POWER which proposes to operate the Brazos Valley Electric Generating Facility, a combined cycle electric power generating station, has applied for a major amendment to TPDES Permit No. 04258 to authorize an increase in the discharge of low volume wastewater, process area storm water, and previously monitored effluent (cooling tower blowdown) from a daily average flow not to exceed 700,000 gallons per day to a daily average flow not to exceed 10,000,000 gallons per day via Outfall 001; to authorize the increase of effluent limitations for total dissolved solids, chlorides, and sulfates at Outfall 001; and to relocate Outfall 001. The applicant has also requested additional amendments requests were not addressed in the Notice of Receipt of Application and Intent to Obtain a Water Quality Permit which include the relocation of total suspended solids and oil and grease monitoring requirements and limitations from Outfall 001 to internal Outfalls 201 and 301, and the removal of metal cleaning wastes and associated limitations at Outfall 201 which will now be disposed off-site. The current permit authorizes the discharge of low volume wastewater, process area storm water, and previously monitored effluent from Outfalls 101 and 201 (cooling tower blowdown and metal cleaning waste) at a daily average flow not to exceed 700,000 gallons per day via Outfall 001, and storm water on an intermittent and flow variable basis via Outfall 002. The facility is located at the intersection of Rabbs Prairie Road, Smithers Lake Road, and Lockwood Road, approximately two miles southwest of the City of Thompsons, Fort Bend County, Texas.

CITY OF TOLAR has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14233-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located approximately 1/5 mile west of Farm-to-Market Road 201 and 1/4 mile south of U.S. Highway 377 on the south side of Squaw Creek in the City of Tolar in Hood County, Texas. The treated effluent is discharged to Squaw Creek; thence to Squaw Creek Reservoir; thence to Squaw Creek; thence to the Paluxy River/North Paluxy River in Segment No. 1229 of the Brazos River Basin.

UPPER TRINITY REGIONAL WATER DISTRICT has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 10698-002, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. This application was submitted to the TNRCC on September 27, 2000. The facility is located on the south side of the Little Elm Creek branch of Lewisville Lake, approximately 3,000 feet northwest of the intersection of U.S. Highway 380 and Navo Road in Denton County, Texas.

WOODRIDGE LIMITED PARTNERSHIP has applied for a renewal of TPDES Permit No. 13474-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 4,000 gallons per day. The facility is located approximately 1600 feet southeast of the intersection of Farm-to-Market Road 134 and State Highway 43 in Harrison County, Texas.

CITY OF YANTIS has applied for a renewal of TPDES Permit No. 12187-001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 42,000 gallons per day. The facility is located approximately one mile south of the intersection of Farm-to- Market Road 17 and State Highway 154 in Wood County, Texas.

Concentrated Animal Feeding Operation

Written comments and requests for a public meeting may be submitted to the Office of the Chief Clerk, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

ROBERT STEINBERGER Tex-Stein Dairy has applied for TPDES Registration No. 03674 to authorize the applicant to construct a new retention control structure at an existing dairy facility. The facility will expand from a current maximum capacity of 995 head to 1500 head in Archer County, Texas. No discharge of pollutants into the waters in the state is authorized by this registration except under chronic or catastrophic rainfall conditions. The existing facility is located 0.9 miles south of the intersection of U.S. Highway 281 and State Highway 25, on the west side of U.S. Highway 281 in Archer County, Texas.

TRD-200103029

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 30, 2001

Capitol Aggregates, Ltd., P. O. Box 6230, Austin, Texas, 78762, applicant, has submitted Application No. 4025E to amend Water Use Permit No. 3732, as amended, pursuant to Texas Water Code (TWC) §11.122, and Texas Natural Resource Conservation Commission Rules 30 TAC §§295.1, et seq. Water Use Permit No. 3732, as amended, authorizes the permittee to divert and use not to exceed 4,504 acre-feet of water per annum (with consumptive use of 600 acre-feet per annum) for mining (sand and gravel washing) purposes at a maximum rate of 17.47 cfs (7,840 gpm) from the perimeter of two reservoirs that capture underflow of the Medina River, a tributary of the San Antonio River, San Antonio River Basin in Bexar County. Special Conditions apply as follows: the diversion of 3,304 acre-feet per annum is authorized only when the flow of the Medina River immediately downstream of the most downstream reservoir is at least 20 cfs, the diversion of the remaining 1,200 acre-feet of water is not restricted; permittee shall return at least 87 percent of the diverted water to settling ponds in the project area; and, prior to diversion of water authorized herein, permittee shall contact the South Texas Watermaster.

Permittee seeks to amend Water Use Permit No. 3732, as amended, by adding a diversion point at the Montgomery Road Plant, being Latitude 29.332 degrees N and Longitude 98.754 degrees W, with no changes in water use or diversion rate and removing an existing diversion point at the Pue Road Plant, being Latitude 29.334 degrees N and Longitude 98.699 degrees W.

The application was received on December 27, 2000. The Executive Director reviewed the application and determined it to be administratively complete on April 23, 2001. Pursuant to TAC 295.158, notice will be sent to the five water right holders with diversion points in the Medina River Watershed between the existing and proposed additional diversion point. Should the requested amendment be granted, it will be subject to administrative requirements of the South Texas Watermaster.

Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by Tuesday, June 19, 2001. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

The TNRCC may grant a contested case hearing on this application if a written hearing request is filed by Tuesday, June 19, 2001. The Executive Director may approve the application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit proposed conditions for the requested permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

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

TRD-200103030

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: May 30, 2001

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Natural Resource Conservation Commission on May 10, 2001. Executive Director of the Texas Natural Resource Conservation Commission, Petitioner v. William Ince; Respondent; SOAH Docket Number 582-01-2067; TNRCC Docket Number 2000-0101-MSW-E. In the matter to be considered by the Texas Natural Resource Conservation Commission on a date and time to be determined by the Chief Clerk's Office in Room 201S of Building E, 12118 North Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on 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, P.O. 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-200102912

Douglas A. Kitts

Agenda Coordinator

Texas Natural Resource Conservation Commission

Filed: May 24, 2001

In accordance with the requirements of Texas Government Code, Chapter 2001, Subchapter B, the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning the proposed amendment of 30 TAC Chapter 39, §39.551, Application for Wastewater Discharge Permit, Including Application for the Disposal of Sewage Sludge or Water Treatment Sludge.

The proposed amendment would amend Chapter 39 notice requirements for applicants seeking to discharge storm water and certain non-storm water from municipal separate storm sewer systems under an individual Texas Pollutant Discharge Elimination System permit.

A public hearing on this proposal will be held in Austin on June 25, 2001 at 10:00 a.m., in Building F, Room 3202A at the commission's central office located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Comments may be submitted to Patricia Durón, MC 205, Texas Natural Resource Conservation Commission, Office of Environmental Policy, Analysis, and Assessment, P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512) 239-4808. All comments should reference Rule Log Number 2000-040-039-AD. Comments must be received by 5:00 p.m., July 9, 2001 . For further information, please contact Debi Dyer, Policy and Regulations Division, (512) 239-3972.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the Office of Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests should be made as far in advance as possible .

TRD-200102968

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 24, 2001

On May 24, 2001, The Telephone Reconnection, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60139. Applicant intends to relinquish its SPCOA.

The Application: Application of The Telephone Reconnection, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 24161.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326 no later than June 13, 2001. You may contact the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24161.

TRD-200102992

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 25, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 18, 2001, for approval of an increased depreciation rate of 13.4% for digital switching equipment pursuant to §§52.252 and 53.056 of the Public Utility Regulatory Act, Texas Utilities Code Annotated (Vernon 1998 & Supplement 2001) (PURA). A summary of the application follows.

Docket Title and Number: Application of Border to Border Communications, Inc. for Increase in Depreciation Rate for Digital Switching Equipment. Docket Number 24127.

The Application: Border to Border Communications, Inc. filed with the Public Utility Commission of Texas (commission) an application for approval of a 13.4% depreciation rate increase on digital switching equipment, effective January 1, 2001.

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

TRD-200103024

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 30, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 23, 2001, 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 Cypress Communications Operating Company, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 24158 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, and long distance services.

Applicant's requested SPCOA geographic area includes the area of Texas currently served by Southwestern Bell Telephone Company.

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 Customer Protection Division at (512) 936-7120 no later than June 13, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200102990

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 25, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 23, 2001, 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 GiantLoop Telecom, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 24159 before the Public Utility Commission of Texas.

Applicant intends to provide dedicated and private line fiber optic telecommunications transmission capacity to business customers.

Applicant's requested SPCOA geographic area includes the area of Texas currently served by Southwestern Bell Telephone Company and Verizon Southwest.

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 Customer Protection Division at (512) 936-7120 no later than June 13, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200102991

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 25, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 24, 2001, 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 Steller Communications, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 24163 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL, SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, long distance, and wireless services.

Applicant's requested SPCOA geographic area includes the area of Texas served by Southwestern Bell Telephone Company and Verizon Southwest in 11 north central Texas counties.

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 Customer Protection Division at (512) 936-7120 no later than June 13, 2001. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200102993

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 25, 2001

Notice is given to the public of the filing with the Public Utility Commission of Texas (P.U.C. or commission) of an application on May 23, 2001, for waiver of the requirements of P.U.C. Substantive Rule §26.465(g)(2)(B), regarding access line counting.

Docket Title and Number: Application of Leaco Rural Telephone Cooperative, Inc. (Leaco) for Waiver of Reporting Requirements Imposed by P.U.C. Substantive Rule §26.465(g)(2)(B), Docket Number 24151.

The Application: P.U.C. Substantive Rule §26.465(g)(2)(B) requires certificated telecommunications providers to file with the commission quarterly reports showing the number of access lines within each municipality served by the provider. Applicant reports that it provides service to fifteen access lines exclusively in Texas. According to applicant, the Texas access lines serve residents of Loving County, a county with a declining population and only one town, Mentone, which is not incorporated nor in the service area served by the applicant. Applicant is seeking a good cause exception pursuant to P.U.C. Substantive Rule §26.3, in the belief that the expenditure in time, effort and cost to comply with P.U.C. Substantive Rule §26.465(g)(2)(B) is unduly burdensome and disproportionate in view of the absence of municipal access lines in the applicant's service area in Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All comments should reference Docket Number 24151.

TRD-200103000

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 29, 2001

On May 22, 2001, Southwestern Bell Telephone Company and Time Warner Telecom of Texas, LP, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24147. 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 24147. 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 21, 2001, 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 Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24147.

TRD-200102989

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 25, 2001

On May 24, 2001, Southwestern Bell Telephone Company and Mpower Communications Corporation, collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24165. 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 24165. 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 22, 2001, 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 Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24165.

TRD-200103017

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 29, 2001

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. Verizon Southwest's Application for Approval of LRIC Study for CentraNet Numbers Not in Use Pursuant to P.U.C. Substantive Rule §26.215 on or about June 4, 2001, Docket Number 24173.

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 24173. 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 Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200103019

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 29, 2001

On May 24, 2001, Coleman County Telephone Cooperative, Inc. and Dobson Cellular Systems, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement and amendment to interconnection agreement under Section 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24164. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 24164. 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 22, 2001, 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 Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24164.

TRD-200103016

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 29, 2001

On May 25, 2001, SBC Advanced Solutions, Inc. and DSLnet Communications, LLC, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24169. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 24169. 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 22, 2001, 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 Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24169.

TRD-200103018

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 29, 2001

On May 21, 2001, TCI Telephony Services of Texas, Inc. and Southwestern Bell Telephone Company, collectively referred to as applicants, filed a joint application for approval of an interconnection agreement and amendment thereto under Section 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 & Supplement 2001) (PURA). The joint application has been designated Docket Number 24141. 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 24141. 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 21, 2001, 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 Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 24141.

TRD-200102988

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 25, 2001

The Public Utility Commission of Texas (commission) will hold a workshop regarding the provision of advanced services by electing companies, certificate of operating authority (COA) or service provider certificate of operating authority (SPCOA) holders on Tuesday, June 19, 2001, at 9:30 a.m. in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 21175, Rulemaking to Address the Provision of Advanced Services by Electing Companies, COA or SPCOA Holders in Rural Service Areas , has been established for this proceeding. No later than June 15, 2001 a staff draft will be made available under this project number in the commission's Central Records Division, located on the ground floor of the William B. Travis Building and on the commission's website at www.puc.state.tx.us/rules/rulemake/21175/21175.cfm.

Questions concerning the workshop or this notice should be referred to Don Ballard, Chief Attorney, Policy Development Division, at (512) 936-7255. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200103015

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 29, 2001