TITLE in-addition

Texas Department on Aging

Request for Proposals

In order to mobilize Texas communities toward Aging Texas Well (ATW) preparedness, The Texas Department on Aging (TDoA) is awarding grants to communities to develop strategies to build the community's capacity to meet the Aging Texas Well Benchmarks established by the Older American's Act. A unique feature of this grant program is the development of local, state, and federal policy directions that will be used to move us forward in preparing for an aging population.

TDoA is soliciting proposals for a one time only grant to communities in the amount of $15,000. A total of 28 awards will be made available in Texas. This Request for Proposals (RFP) invites applications from government, public, private, non-profit and for-profit entities. One grant will be available within each Area Agency on Aging (AAA) region . The project does not have to address the entire AAA region. Projects may focus on a specific unit within the AAA region, (i.e., groups of cities, towns, or counties). If the applicant agency is not the AAA, the applicant must partner with the AAA to meet project objectives. The application deadline is February 15, 2002, and awards will be made on March 15, 2002. The duration of the project is 12 months with final deliverables due on March 15, 2003.

The full RFP and application materials can be found on the TDoA website at http://www.tdoa.state.tx.us/Funding%20Opportunities.htm

For questions regarding this RFP, please contact Beth Stalvey at (512) 424-6871 or beth.stalvey@tdoa.state.tx.us.

TRD-200200097

Gary Jessee

Aging Network Policy Coordinator

Texas Department on Aging

Filed: January 8, 2002


Office of the Attorney General

Public Statement

Public Statement: In the matter of Texas A&M University System v GenomicFx, L.P., aka GeneticFX, L.P., GenomicFX Holdings, Inc., GenomicFX, Inc., Thomas Burnell, Jeremy Taylor, Scott Davis, Sara Davis and Jay Hetzel, the parties have resolved the matters in dispute and have completely dismissed the suit. The parties acknowledge that in achieving this resolution no one has admitted wrongdoing of any kind. To the contrary and in particular, the defendants vigorously deny violation of any law, agreement or duty and the parties intend no inference to the contrary from the fact of their settlement. The amicable resolution serves the best interest of all parties and the public, avoids unnecessary expense and litigation and protects the technology which was the subject matter of the suit.

For information regarding this publication, please contact A. G. Younger, Agency Liaison, at 512/463-2110.

TRD-200200073

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: January 7, 2002


Sexual Assault Prevention and Crisis Services Funding Notice

The Office of the Attorney General is accepting letters of intent to apply for sexual assault crisis intervention and education funding under the Preventive Health and Health Services Block Grant and State Funds. Funds will be available September 1, 2002. Letters of intent to apply for funds should be sent by February 28, 2002 to Diane McGauley, Director, Sexual Assault Prevention and Crisis Services, Crime Victim Services Division, Office of the Attorney General, P.O. Box 12548, Mail Code 011-1, Austin, Texas 78711-2548. Applications will be due on or before April 22, 2002 at 5:00 p.m.

Eligible entities who send letters of intent will receive an application kit consisting of materials pertinent to submitting an application. An eligible entity is a sexual assault program which has been providing service on or before December 1, 2001. The program must provide a 24-hour hotline, advocacy and accompaniment, liaison, professional training, crisis intervention, volunteer training and public education.

For more information, contact Pam Rodgers, Contracts and Program Management Specialist, (512) 936 -1423 or Lynda Edmonson, Office Manager (512) 936 -1270.

For information regarding this publication, contact A.G. Younger, Agency Liaison, at 512/463-2110.

TRD-200200110

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: January 9, 2002


Coastal Coordination Council

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. Requests for federal consistency review were received for the following projects(s) during the period of December 21, 2001, through December 28, 2001. The public comment period for these projects will close at 5:00 p.m. on February 8, 2002.

FEDERAL AGENCY ACTIONS:

Applicant: National Energy Group; Location: The project is located in State Tracts 4, 5, 8, and 9 in Sabine Lake, Orange County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: West of Greens Bay, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 42052; Northing: 3312951. CCC Project No.: 01-0432-F1; Description of Proposed Action: The applicant proposes to install, operate, and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities. Such activities include the placement of drilling vessels on location to drill and produce wells, and to subsequently install wellhead protection structures and associated production flowlines upon successful completion of the wells. Such activities include installation of typical marine barges and keyways, shell and gravel pads, production structures with attendant facilities, and flowlines. Shell or washed gravel may be needed on drill sites for drilling barge stabilization. Pad size and height would be dependent on bottom conditions. If fill is required, approximately 2,667 cubic yards of shell or gravel would be necessary to construct an approximate 240-foot by 100-foot pad to a height of 3 feet. Type of Application: U.S.A.C.E. permit application #22544 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387). NOTE: The CMP consistency review for this project may be conducted by the Railroad Commission of Texas as part of its certification under §401 of the Clean Water Act.

Applicant: Cajun Partners, L.P.; Location: The project is located south of the Neches River and bordered on the north by Block Bayou, on the east by Oak Bluff Cemetery and undeveloped land, and on the south by Woodcreek Elementary School, within the city limits of Port Neches, Jefferson County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Arthur North, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 406806; Northing: 3318993. CCC Project No.: 01-0433-F1; Description of Proposed Action: The project area is a 17-acre undeveloped tract within a mixed residential and industrial area. The site is generally forested and also contains areas of emergent marsh. The applicant proposes to fill 0.82 acres of wetlands adjacent to Block Bayou to construct a residential subdivision consisting of 62 lots for single-family housing and to excavate two existing stormwater canals to provide boat access to individual residential lots. Clay fill for the wetland and upland lots will be obtained from the excavation of the canals. The proposal includes construction of bulkhead along approximately 1,700 feet of the canals and along 260 feet of Block Bayou. The dredged canals will have a maximum depth of 5 feet and a bottom width of approximately 25 to 30 feet. The applicant proposes to establish a vegetated intertidal shelf along one bank of each canal for the establishment of smooth cordgrass (Spartina alterniflora) to enhance dissolved oxygen conditions within the canals. In addition, the applicant has worked with the Texas Parks and Wildlife Department to develop a compensatory mitigation plan designed to establish approximately 2.0 acres of California bulrush (Scirpus californicus) at the Nelda Stark Unit of the Lower Neches Wildlife Management Area. Type of Application: U.S.A.C.E. permit application #22396 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Panaco Production Company; Location: The proposed Well Number 7 is located in Galveston Bay at coordinates X=3,319,112; Y=682,244. The proposed 40-by 30-foot platform is situated adjacent to the proposed well and within the 500-foot diameter work area. The pipeline terminates at coordinates X=3,322,452;Y=675,918, at an existing structure. The project can be located on the U.S.G.S. quadrangle map entitled: Umbrella Point, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 321268; Northing: 3280728. CCC Project No.: 01-0434-F1; Description of Proposed Action: The applicant proposes to drill State Tract 73 Well Number 7. If it becomes necessary to stabilize the drilling barge, the applicant requests authorization to install a 250- by 100-foot shell pad. If the well were successful, a well protection structure and a 40- by 30-foot production platform would be installed. Additionally, the applicant would install two 6-inch pipelines measuring 8,242-feet in length. The two pipelines would connect the State Tract 73 Well Number 7 to existing facilities. The pipelines would be installed by jetting to a minimum depth of 3-feet-below the bay bottom. Approximately 1,389 cubic yards of shell would be required for the shell pad and jetting pipelines would temporarily disturb approximately 2,747 cubic yards of water bottom. Type of Application: U.S.A.C.E. permit application #09219(16)/024 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387). NOTE: The CMP consistency review for this project may be conducted by the Railroad Commission of Texas as part of its certification under §401 of the Clean Water Act.

Applicant: City of Baytown; Location: The project site is located is located at 1724 Market Street, on Goose Creek, in Baytown, Harris County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Morgan's Point, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 307800; Northing: 3290600. CCC Project No.: 01-0438-F1; Description of Proposed Action: The applicant requests authorization to modify Department of the Army Permit Number 21420(01) to reduce the scope of the previously authorized project. Permit Number 21420 authorized the construction of a single-lane boat ramp with two fixed piers and one floating dock; the mechanical dredging of a 1,550-foot-long channel and the open-water placement of approximately 17,500 cubic yards of dredged material to create 2.6 acres of wetland habitat. Amendment (01) modified the project design to relocate Wetland Area "A" and to create an additional 1.0 acre Wetland Area "C"; to excavate an additional 3,000 cubic yards of material from the channel; and to construct an 8-foot wide by 10-foot long wetland walkway and a 12-foot by 24-foot floating dock. The current revision involves the relocation of Wetland Areas "A" and "C," and the deletion of Wetland Area "B." Type of Application: U.S.A.C.E. permit application #21420(02) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387).

Applicant: Rutherford Oil Corporation; Location: The project is located in East Galveston Bay within State Tracts 180, 179, 189, and 190, Galveston and Chambers Counties, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Frozen Point, Texas. Approximate UTM Coordinates for the origin of the pipeline are: Zone: 15; Easting: 3268608; Northing: 350680 and for the terminus of the pipeline area: Zone 15; Easting: 347715; Northing: 3272739. CCC Project No.: 01-0439-F1; Description of Proposed Action: The applicant proposes to construct a 3-inch pipeline and an onshore production facility. Concurrent to this public notice, the applicant is requesting authorization to drill State Tract 180 Well Number 1 under public notice 22556. The applicant is pursuing a permit for the proposed pipeline and onshore production facility in the event that State Tract Well Number 1 is successfully completed. The proposed pipeline would originate at State Tract 180 Well Number 1 and would terminate at the proposed production facility in Chambers County, Texas. This would result in 15,000 feet of pipeline in Galveston Bay and 2,100 feet of pipeline across tidal wetlands. The pipeline would be installed by trenching. The onshore portion of the pipeline and the tank battery would be located in wetlands. The onshore production facility would measure 40-by 125-feet. A total of 185 cubic yards of gravel fill would be placed for the base of the production facility on tidal wetlands adjacent to the road. The flowline would not be within 500 feet of any known oyster beds. In the portion of the pipeline in tidal wetlands, the pipeline trench would have topsoil removed prior to trenching. Topsoil would be replaced after the installation of the pipeline. If marsh grass does not return within 1 year, grass would be planted over the trench and areas disturbed by pipeline construction. After cessation of production the pad would be removed and the grass replanted. Type of Application: U.S.A.C.E. permit application #22557 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §§125-1387). NOTE: The CMP consistency review for this project may be conducted by the Railroad Commission of Texas as part of its certification under §401 of the Clean Water Act.

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.

Further information for the applications listed above may be obtained from Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, 1700 North Congress Avenue, Room 617, Austin, Texas 78701-1495, or diane.garcia@glo.state.tx.us. Comments should be sent to Ms. Garcia at the above address or by fax at 512/475-0680.

TRD-200200113

Larry R. Soward

Chief Clerk, General Land Office

Coastal Coordination Council

Filed: January 9, 2002


Comptroller of Public Accounts

Notice of Request for Proposals

Pursuant to Chapter 2254, Subchapter B, and Sections 403.011 and 403.020, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP #133a) from qualified, independent firms to provide consulting services to Comptroller. The successful respondent will assist Comptroller in conducting management and performance reviews of one or more of the following Independent School Districts: Cedar Hill and Hitchcock (Districts or ISDs). Comptroller reserves the right, in its sole discretion, to award one or more contracts for review of the Districts included in this RFP. Respondents may propose to conduct reviews of any one or more of the Districts. The successful respondent(s) will be expected to begin performance of the contract or contracts, if any, on or about March 7, 2002 for Cedar Hill ISD and on or about March 15, 2002 for Hitchcock ISD.

Contact: Parties interested in submitting a proposal should contact Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick-up at the above-referenced address on Friday, January 18, 2002, between 2 p.m. and 5 p.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller also made the complete RFP available electronically on the Texas Marketplace at: http://esbd.tbpc.state.tx.us after 2 p.m. (CZT) on Friday, January 18, 2002.

Mandatory Letters of Intent and Questions: All Mandatory Letters of Intent and questions regarding the RFP must be sent via facsimile to Mr. Harris at: (512) 475-0973, not later than 2:00 p.m. (CZT), on Friday, February 1, 2002. Official responses to questions received by the foregoing deadline will be posted electronically on the Texas Marketplace no later than February 7, 2002, or as soon thereafter as practical. Mandatory Letters of Intent received after the 2:00 p.m., February 1st deadline will not be considered. Respondents shall be solely responsible for confirming the timely receipt of Mandatory Letters of Intent to propose.

Closing Date: Proposals must be received in Assistant General Counsel's Office at the address specified above (ROOM G-24) no later than 2 p.m. (CZT), on Thursday, February 14, 2002. Proposals received after this time and date will not be considered. Proposals will not be accepted from respondents that do not submit mandatory letters of intent by the February 1st deadline. Respondents shall be solely responsible for confirming the timely receipt of Mandatory Letters of Intent to propose.

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

Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is under no legal or other obligation to execute any contracts on the basis of this notice or the distribution of any RFP. Comptroller shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - January 18, 2002, 2 p.m. CZT; All Mandatory Letters of Intent and Questions Due - February 1, 2002, 2 p.m. CZT; Official Responses to Questions Posted - February 7, 2002, or as soon thereafter as practical; Proposals Due - February 14, 2002, 2 p.m. CZT; Contract Execution - March 1, 2002, or as soon thereafter as practical; Commencement of Project Activities - March 7, 2002 (Cedar Hill ISD); March 15, 2002 (Hitchcock ISD).

TRD-200200111

Pamela Ponder

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: January 9, 2002


Notice of Request for Proposals

Pursuant to Chapter 2254, Subchapter B, and Sections 403.011 and 403.020, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP #134a) from qualified, independent firms to provide consulting services to Comptroller. The successful respondent will assist Comptroller in conducting management and performance reviews of the following Independent School Districts: Kerrville, Donna, Ingram, and Dripping Springs (Districts or ISDs). Comptroller reserves the right, in its sole discretion, to award one or more contracts for a review of the Districts under this RFP. Respondents may propose to conduct reviews of any one or more of the Districts. The successful respondent(s) will be expected to begin performance of the contract or contracts, if any, on or about March 15, 2002, for Kerrville ISD; March 18, 2002, for Dripping Springs and Donna ISD, and March 21, 2002, for Ingram ISD.

Contact: Parties interested in submitting a proposal should contact Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick-up at the above-referenced address on Friday, January 18, 2002, between 2 p.m. and 5 p.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller also made the complete RFP available electronically on the Texas Marketplace at: http://esbd.tbpc.state.tx.us after 2 p.m. (CZT) on Friday, January 18, 2002.

Mandatory Letters of Intent and Questions: All Mandatory Letters of Intent and questions regarding the RFP must be sent via facsimile to Mr. Harris at: (512) 475-0973, not later than 2:00 p.m. (CZT), on Friday, February 8, 2002. Official responses to questions received by the foregoing deadline will be posted electronically on the Texas Marketplace no later than February 15, 2002, or as soon thereafter as practical. Mandatory Letters of Intent received after the 2:00 p.m., February 8th deadline will not be considered. Respondents shall be solely responsible for confirming the timely receipt of Mandatory Letters of Intent to propose.

Closing Date: Proposals must be received in Assistant General Counsel's Office at the address specified above (ROOM G-24) no later than 2 p.m. (CZT), on Thursday, February 21, 2002. Proposals received after this time and date will not be considered. Proposals will not be accepted from respondents that do not submit mandatory letters of intent by the February 8th deadline. Respondents shall be solely responsible for confirming the timely receipt of Mandatory Letters of Intent to propose.

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

Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is under no legal or other obligation to execute any contracts on the basis of this notice or the distribution of any RFP. Comptroller shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - January 18, 2002, 2 p.m. CZT; All Mandatory Letters of Intent and Questions Due - February 8, 2002, 2 p.m. CZT; Official Responses to Questions Posted - February 15, 2002, or as soon thereafter as practical; Proposals Due - February 21, 2002, 2 p.m. CZT; Contract Execution - March 8, 2002, or as soon thereafter as practical; Commencement of Project Activities - March 15, 2002, (Kerrville ISD); March 18, 2002, (Drippings Springs and Donna ISDs); and March 21, 2002, (Ingram ISD).

TRD-200200112

Pamela Ponder

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: January 9, 2002


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 01/14/02 - 01/20/02 is 18% for Consumer 1 /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.09 for the period of 01/14/02 - 01/20/02 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-200200086

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: January 8, 2002


Texas Department of Criminal Justice

Notice of Award

The Texas Department of Criminal Justice hereby gives notice of a Contract Award for renovations to Brownwood State School, Solicitation Number 696-TY-1-B049.

The Contract was awarded to Lydick-Hooks Roofing Co., Inc., as a partial award for a dollar amount of $246,928.00, Contract Number 696-TY-2-2-C0179 and to Kebo Services, Inc., as a partial award for the dollar amount of $583,100.00, Contract Number 969-TY-2-2-C0178.

TRD-200200102

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: January 9, 2002


Texas Education Agency

Notice of Correction: Request for Applications (RFA) Concerning State Engineering and Science Recruitment (SENSR) Fund, 2001-2002

The Texas Education Agency (TEA) published Request for Proposals (RFP) #701-02-013 concerning the State Engineering and Science Recruitment (SENSR) Fund, 2001-2002, in the January 4, 2002, issue of the Texas Register (27 TexReg 312).

The TEA is amending the Dates of Project paragraph in the Texas Register Notice to read, "The State Engineering and Science Recruitment (SENSR) Fund project will be implemented during the 2001-2002 and 2002-2003 school years. Applicants should plan for a starting date of no earlier than February 22, 2002, and an ending date of no later than August 31, 2003." This correction reflects a change from the original ending date from June 30, 2003.

The TEA is amending the Deadline for Receipt of Proposals paragraph in the Texas Register Notice to read, "Applications must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Tuesday, February 12, 2002, to be considered for funding." This correction reflects a change from the original deadline for receipt of proposals from Thursday, March 7, 2002.

Further Information. For clarifying information about the RFA, contact Walter Tillman, Division of Continuing Education and School Improvement, TEA, (512) 475-0228.

TRD-200200108

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Filed: January 9, 2002


Request for Early Reading Diagnostic Instruments

Description. The Texas Education Agency (TEA) is notifying publishers that early reading diagnostic instruments for Kindergarten, Grade 1, and Grade 2 may be submitted for review. Texas Education Code (TEC), §28.006(b), authorizes the commissioner of education to develop recommendations for school districts for administering early reading instruments to diagnose student reading skill and comprehension development.

Under TEC, §28.006(b), the commissioner of education shall adopt a list of early reading instruments that school districts may use to diagnose reading skill and comprehension development. Additionally, the reading instruments used must evaluate individual student reading progress and be used to determine students at-risk for dyslexia or other reading difficulties. Any reading instrument used must be based on scientific research concerning both reading skills development and comprehension development. The list of reading instruments adopted under TEC, §28.006(b), must also provide for diagnosing the reading skills development and comprehension of students participating in a bilingual program under TEC, Chapter 29, Subchapter B (relating to bilingual education and special language programs).

Program Requirements. School districts were required to administer early reading instruments beginning with the 1998-1999 school year. Results from the early reading instruments will be used to inform instruction and provide grade appropriate intervention activities to identified students as determined and established by the school district. Results from the early reading instruments will also be reported to the commissioner of education, the local school board of trustees, and parents and/or guardians. The list of early reading instruments will be made available to local school districts and charter schools no later than May 1, 2002. The list of instruments adopted by the commissioner will remain in effect through the 2002-2003 school year. State funds will only pay for the cost of early reading instruments on the list adopted by the commissioner.

Selection Criteria. Each reading instrument or combination of instruments adopted by the commissioner or a district-level committee must be based on scientific research concerning reading skills development and reading comprehension and must address the following early reading skills: letter naming, letter sounds, phonological awareness, word reading and passage comprehension. As in previous years, it may be necessary to use a combination of instruments to assess all required domains.

Instruments, including those currently on the list, will be evaluated in terms of validity, reliability, cost-effectiveness, and ease of administration/implementation by the classroom teacher. These instruments will be used in identifying students at-risk for other reading difficulties, including dyslexia, to enable teachers to provide appropriate instruction.

Proposals must be submitted to the Office of Statewide Initiatives, 1701 North Congress Avenue, Suite 4-104, Austin, Texas 78701 by 5:00 p.m. (Central Standard Time) Tuesday, February 19, 2002, to be considered. If you would like your reading instrument returned after review, please indicate so on a cover letter submitted with the proposal.

For additional information contact the Office of Statewide Initiatives at (512) 463-9027.

TRD-200200107

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Filed: January 9, 2002


Texas Department of Health

Designation of Metrocrest Family Medical Clinic as a Site Serving Medically Underserved Populations

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: Metrocrest Family Medical Clinic, Plaza 1, One Medical Parkway, Suite 140, Farmers Branch, Texas 75234. 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 Health Information and Analysis, 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-200200088

Susan Steeg

General Counsel

Texas Department of Health

Filed: January 8, 2002


Licensing Actions for Radioactive Materials

[graphic]

TRD-200200018

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 3, 2002


Licensing Actions for Radioactive Materials

[graphic]

[graphic]

[graphic]

TRD-200200089

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 8, 2002


Texas Health and Human Services Commission

Notice of Public Hearing

The Texas Health and Human Services Commission (HHSC) will conduct a public hearing to receive public comment on proposed payment rates for: Community Based Alternatives Assisted Living/Residential Care (CBA AL/RC) and Assisted Living/Residential Care services under the Consolidated Waiver. These programs are operated by the Texas Department of Human Services. These payment rates are proposed to be effective March 1, 2002. The hearing will be held in compliance with Title 1 of the Texas Administrative Code (TAC) §355.105(g), which requires public hearings on proposed payment rates. The public hearing will be held on February 1, 2002, at 9:00 a.m. in Room 450C, of the John H. Winters Human Services Building at 701 West 51st Street, Austin, Texas (fourth floor, west tower). Written comments regarding payment rates may be submitted in lieu of testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Tony Arreola, HHSC Rate Analysis, MC W-425, P.O. Box 149030, Austin, Texas 78714-9030. Express mail can be sent to Mr. Arreola, HHSC Rate Analysis, MC W-425, 701 West 51st Street, Austin, Texas, 78751-2312. The receptionist in the lobby of the John H. Winters Human Services Building at 701 West 51st Street, Austin, Texas, will accept hand-delivered written comments addressed to Mr. Arreola. Alternatively, written comments may be sent via facsimile to Mr. Arreola at (512) 438-2165. Interested parties may request to have mailed to them or may pick up a briefing package concerning the proposed payment rates by contacting Mr. Arreola, HHSC Rate Analysis, MC W-425, P.O. Box 149030, Austin, Texas 78714- 9030, telephone number (512) 438-4817.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Tony Arreola, HHSC Rate Analysis, MC W-425, P.O. Box 149030, Austin, Texas 78714-9030, telephone number (512) 438-4817, by January 30, 2002, so that appropriate arrangements can be made.

TRD-200200069

Marina Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: January 7, 2002


Texas Department of Insurance

Company Licensing

Application to change the name of VIRGINIA SURETY COMPANY, INC. to COMBINED SPECIALTY INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Chicago, Illinois.

Application for incorporation to the State of Texas by FIDELITY NATIONAL LLOYDS, a domestic Lloyds company. The home office is in Austin, Texas.

Application for admission to the State of Texas by EDUCATORS MUTUAL LIFE INSURANCE COMPANY, a foreign life, accident and /or health company. The home office is in Lancaster Pennsylvania.

Application to add the trademark name DMO to AETNA U.S. HEALTHCARE DENTAL PLAN INC., a domestic Health Maintenance Organization. The home office is in Houston, Texas.

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

TRD-200200099

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 9, 2002


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by The Travelers Indemnity Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting flex percentages +60 by coverage (Liability and Physical Damage) and territory for all classes. This overall rate change is +13%.

Copies of the filing may be obtained by contacting Judy Deaver, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 322-3478.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by February 4, 2002.

TRD-200200091

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 8, 2002


Third Party Administrator Applications

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

Application for admission to Texas of Benefirst Insurance Agency, Inc., a foreign third party administrator. The home office is Marshfield, Massachusetts.

Application for incorporation in Texas of Coronado Benefit Services, Inc., a domestic third party administrator. The home office is Houston, Texas.

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

TRD-200200076

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 8, 2002


Lower Rio Grande Valley Development Council

Request for Qualifications - Regional Solid Waste Plan Amendment

The Office of the Lower Rio Grande Valley Development Council (LRGVDC) and the Regional Solid Waste Grant Program located at 311 N. 15th Street, McAllen, Texas hereby requests sealed Statement of Qualifications for the following:

Statement of Qualifications for Professional Engineering/Consulting Services for Regional Solid Waste Plan Amendment

Request for Statement of Qualifications packets may be obtained at the LRGVDC located at the address above. Sealed requests for Statement of Qualifications must be received on or before 3:00 p.m. Friday, January 11, 2002 (CST) at the address above. The envelope must be clearly marked "Statement of Qualifications".

Any informational questions for the Request for Statement of Qualifications may be directed to Richard Hinojosa, Director of Regional Planning and Services or Rosie Ramirez, Procurement Officer at 956-682-3481.

The LRGVDC and the Regional Solid Waste Grant Program reserve the right to reject any and all qualification submittal, and reserves the right to seek new statements of qualifications if it is in the best interest of the LRGVDC and the Regional Solid Waste Grant Program. The LRGVDC and the Regional Solid Waste Grant Program reserves the right to conduct interviews with any and all firms prior to selection. Statements of Qualifications submitted past the date and time mentioned above will not be accepted.

TRD-200200037

Kenneth N. Jones, Jr.

Executive Director

Lower Rio Grande Valley Development Council

Filed: January 4, 2002


Manufactured Housing Division

Notice of Administrative Hearing

Texas Department of Housing and Community Affairs

Manufactured Housing Division

Thursday, January 31, 2002, 1:00 p.m.

State Office of Administrative Hearings, Stephen F. Austin Building, 1700 N Congress, 11th Floor, Suite 1100

Austin, Texas

AGENDA

Administrative Hearing before an administrative law judge of the State Office of Administrative Hearings in the matter of the complaint of the Texas Department of Housing and Community Affairs vs. Palestine Manufactured Housing, Inc. dba Jackson Manufactured Housing to hear alleged violations of Sections 4(d), 6(m), 6(m)(1), 14(f), 14(j) and 19(c) of the Act and Sections 80.54(a), 80.119(f)(1), 80.131(b), 80.132(3) and 80.204(b)(2) of the Rules regarding not properly complying with the initial report and warranty orders of the Director and providing the Department with copies of completed work orders, in a timely manner, not properly installing a manufactured home and not responding with corrective action in a timely manner, selling a new manufactured home without surrendering the original Manufacturer's Certificate of Origin as part of the title application, and refusing to refund deposits. SOAH 332-02-1187. Department MHD2001000705-W, MHD2001001414-IV, MHD2001001281-RD, MHD2001001608-RD.

Contact: Jerry Schroeder, P.O. Box 12489, Austin, Texas 78711-2489, (512) 475-2894, jschroed@tdhca.state.tx.us

TRD-200200100

Bobbie Hill

Executive Director

Manufactured Housing Division

Filed: January 9, 2002


Texas Natural Resource Conservation Commission

Enforcement Orders

An agreed order was entered regarding EXCEL CORPORATION, Docket No. 2000-0360- AIR-E on December 21, 2001 assessing $11,000 in administrative penalties with $2,200 deferred.

Information concerning any aspect of this order may be obtained by contacting SHAWN HESS, Enforcement Coordinator at (806)353-9251, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MARK TAYLOR, Docket No. 2001-0317-LII-E on December 21, 2001 assessing $275 in administrative penalties with $55 deferred.

Information concerning any aspect of this order may be obtained by contacting THOMAS GREIMEL, Enforcement Coordinator at (512)239-5690, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding USRP (QUEST) L.P. & NORTHWEST PETROLEUM, L.P., Docket No. 2000-0738-MLM-E on December 21, 2001 assessing $3,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting LAURENCIA FASOYIRO, Staff Attorney at (713)422-8914, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DOYLE WOOD DBA MARTIN SPRINGS DAIRY, Docket No. 1999-1490-AGR-E on December 21, 2001 assessing $9,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting ROBERT HERNANDEZ, Staff Attorney at (210)545-4329, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BLESSINGS ENTERPRISES, INC. DBA BIG COUNTRY, Docket No. 2000-0547-PST-E on December 21, 2001 assessing $6,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting ROBERT HERNANDEZ, Staff Attorney at (210)403-4016, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding RANDOLPH WATER SUPPLY CORPORATION, Docket No. 2000-1199-MWD-E on December 21, 2001 assessing $2,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting JOSEPH DALEY, Enforcement Coordinator at (512)239-3308, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DERBY WATER SUPPLY CORPORATION, Docket No. 2000-1236-PWS-E on December 21, 2001 assessing $945 in administrative penalties with $189 deferred.

Information concerning any aspect of this order may be obtained by contacting MALCOLM FERRIS, Enforcement Coordinator at (210)403-4061, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding AMERICAN RETIREMENT CORPORATION DBA HOMEWOOD RESIDENCE AT SHAVANO PARK, Docket No. 2001-0727-EAQ-E on December 21, 2001 assessing $1,000 in administrative penalties with $200 deferred.

Information concerning any aspect of this order may be obtained by contacting REBECCA CLAUSEWITZ, Enforcement Coordinator at (210)403-4012, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ALFREDO BAEZA DBA ALFREDO BAEZA SEPTIC TANK PUMPING, Docket No. 2001-0229-SLG-E on December 21, 2001 assessing $6,500 in administrative penalties with $1,300 deferred.

Information concerning any aspect of this order may be obtained by contacting GARY SHIPP, Enforcement Coordinator at (806)796-7092, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BARJAN PRODUCTS LLC DBA PAR PRODUCTS, Docket No. 2001-0266-AIR-E on December 21, 2001 assessing $30,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting JORGE IBARRA, Enforcement Coordinator at (817)588-5890, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BAYER WATER SYSTEM, INC., Docket No. 2001- 0622-PWS-E on December 21, 2001 assessing $125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TEL CROSTON, Enforcement Coordinator at (512)239-5717, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BROWNSVILLE PUBLIC UTILITIES BOARD, Docket No. 2001-0614-AIR-E on December 21, 2001 assessing $3,500 in administrative penalties with $700 deferred.

Information concerning any aspect of this order may be obtained by contacting SANDRA ALANIS, Enforcement Coordinator at (956)430-6044, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BURGESS-MANNING, INC., Docket No. 2001- 0505-AIR-E on December 21, 2001 assessing $2,000 in administrative penalties with $400 deferred.

Information concerning any aspect of this order may be obtained by contacting GEORGE ORTIZ, Enforcement Coordinator at (915)698-9674, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding JORGE BAYONA DBA C & J AUTO WHOLESALE, Docket No. 2001-0243-AIR-E on December 21, 2001 assessing $375 in administrative penalties with $75 deferred.

Information concerning any aspect of this order may be obtained by contacting STACEY YOUNG, Enforcement Coordinator at (512)239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DIAMOND-KOCH, L.P., Docket No. 2001-0339- AIR-E on December 21, 2001 assessing $2,250 in administrative penalties with $450 deferred.

Information concerning any aspect of this order may be obtained by contacting FAYE LIU, Enforcement Coordinator at (713)767-3726, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DIAMOND-KOCH, L.P., Docket No. 2001-0095- AIR-E on December 21, 2001 assessing $51,875 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting MERRILEE GERBERDING, Enforcement Coordinator at (512)239-4490, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding E.I. DU PONT DE NEMOURS AND COMPANY, INC., Docket No. 2001-0722-AIR-E on December 21, 2001 assessing $10,000 in administrative penalties with $2,000 deferred.

Information concerning any aspect of this order may be obtained by contacting LAURA CLARK, Enforcement Coordinator at (409)899-8760, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DYNEGY MIDSTREAM G.P., INC., Docket No. 2001-0606-AIR-E on December 21, 2001 assessing $10,000 in administrative penalties with $2,000 deferred.

Information concerning any aspect of this order may be obtained by contacting CHERYL THOMPSON, Enforcement Coordinator at (817)588-5886, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding EL PASO PVC, INC., Docket No. 2001-0434-AIR-E on December 21, 2001 assessing $4,000 in administrative penalties with $800 deferred.

Information concerning any aspect of this order may be obtained by contacting DAVID VAN SOEST, Enforcement Coordinator at (512)239-0468, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding HARDY OAKS, LTD., Docket No. 2001-0728-EAQ- E on December 21, 2001 assessing $1,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting REBECCA CLAUSEWITZ, Enforcement Coordinator at (210)403-4012, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding LEVONN M. MAGGARD DBA JONES ACRES WATER COMPANY, Docket No. 2001-0427-PWS-E on December 21, 2001 assessing $125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting SHEILA SMITH, Enforcement Coordinator at (512)239-1670, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding KEITH WAGNON DBA KW AUTOS, Docket No. 2001-0276-AIR-E on December 21, 2001 assessing $900 in administrative penalties with $180 deferred.

Information concerning any aspect of this order may be obtained by contacting JOHN BARRY, Enforcement Coordinator at (409)899-8781, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF KATY, Docket No. 2001-0199-MWD-E on December 21, 2001 assessing $11,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting BRIAN LEHMKUHLE, Enforcement Coordinator at (512)239-4482, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding LA JOYA WATER SUPPLY CORPORATION, Docket No. 2001-0573-PWS-E on December 21, 2001 assessing $5,863 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting SANDRA ALANIS, Enforcement Coordinator at (956)430-6044, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MIRANT WICHITA FALLS, L.P., Docket No. 2001- 0682-AIR-E on December 21, 2001 assessing $1,875 in administrative penalties with $375 deferred.

Information concerning any aspect of this order may be obtained by contacting CAROLYN EASLEY, Enforcement Coordinator at (915)698-9674, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TIMOTHY E. O'BRIEN DBA MONTWOOD TEXACO, Docket No. 2001-0242-AIR-E on December 21, 2001 assessing $750 in administrative penalties with $150 deferred.

Information concerning any aspect of this order may be obtained by contacting STACEY YOUNG, Enforcement Coordinator at (512)239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MOTIVA ENTERPRISES, L.L.C., Docket No. 2001- 0395-AIR-E on December 21, 2001 assessing $25,100 in administrative penalties with $5,020 deferred.

Information concerning any aspect of this order may be obtained by contacting LAURA CLARK, Enforcement Coordinator at (409)899-8760, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding NATURAL GAS PIPELINE COMPANY OF AMERICA, Docket No. 2001-0512-AIR-E on December 21, 2001 assessing $1,875 in administrative penalties with $375 deferred.

Information concerning any aspect of this order may be obtained by contacting CATHERINE ALBRECHT, Enforcement Coordinator at (713)767-3672, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding OXY VINYLS, L.P., Docket No. 2001-0063-AIR-E on December 21, 2001 assessing $33,200 in administrative penalties with $6,640 deferred.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding RENTAL SERVICE CORPORATION (FORMERLY PRIME EQUIPMENT COMPANY), Docket No. 2001-0245-AIR-E on December 21, 2001 assessing $1,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting STACEY YOUNG, Enforcement Coordinator at (512)239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding UPPER VALLEY ENTERPRISES, INC. DBA SHORTY'S FOOD MARTS, Docket No. 2001-0545-AIR-E on December 21, 2001 assessing $750 in administrative penalties with $150 deferred.

Information concerning any aspect of this order may be obtained by contacting JOHN MEAD, Enforcement Coordinator at (512)239-6010, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SILICA PRODUCTS, INC., Docket No. 2001-0587- AIR-E on December 21, 2001 assessing $6,750 in administrative penalties with $1,350 deferred.

Information concerning any aspect of this order may be obtained by contacting TRINA GRIECO, Enforcement Coordinator at (713)767-3607, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ZAKI NIAZI DBA SNAPPY MART NO. 6, Docket No. 2001-0680-PWS-E on December 21, 2001 assessing $938 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting KIMBERLY MCGUIRE, Enforcement Coordinator at (512)239-4761, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SOUTH-TEX CONCRETE, INC, Docket No. 2001- 0414-AIR-E on December 21, 2001 assessing $18,000 in administrative penalties with $3,600 deferred.

Information concerning any aspect of this order may be obtained by contacting SANDRA ALANIS, Enforcement Coordinator at (956)430-6044, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SOUTHWEST CONVENIENCE STORES L.L.C., Docket No. 2001-0268-AIR-E on December 21, 2001 assessing $750 in administrative penalties with $150 deferred.

Information concerning any aspect of this order may be obtained by contacting STACEY YOUNG, Enforcement Coordinator at (512)239-1899, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF SPRINGTOWN, Docket No. 2000-1401- MWD-E on January 2, 2002 assessing $7,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS, LA TUNA FEDERAL CORRECTIONAL INSTITUTION, Docket No. 2001-0544-AIR-E on December 21, 2001 assessing $750 in administrative penalties with $150 deferred.

Information concerning any aspect of this order may be obtained by contacting JOHN MEAD, Enforcement Coordinator at (512)239-6010, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding UNION OIL COMPANY OF CALIFORNIA, Docket No. 2001-0477-AIR-E on December 21, 2001 assessing $6,750 in administrative penalties with $1,350 deferred.

Information concerning any aspect of this order may be obtained by contacting CAROLYN LIND, Enforcement Coordinator at (903)535-5145, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding WAGNER OIL COMPANY, Docket No. 2001-0733- AIR-E on December 21, 2001 assessing $2,250 in administrative penalties with $450 deferred.

Information concerning any aspect of this order may be obtained by contacting SANDY VAN CLEAVE, Enforcement Coordinator at (512)239-0667, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding WATERCO INCORPORATED DBA BELL WATER COMPANY, Docket No. 2001-0562-PWS-E on December 21, 2001 assessing $125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting A SUNDAY UDOETOK, Enforcement Coordinator at (512)239-0739, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding WHIRLWIND STEEL BUILDINGS, INC., Docket No. 2001-0546-AIR-E on December 21, 2001 assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting REBECCA JOHNSON, Enforcement Coordinator at (713)422-8931, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CITY OF WHITNEY, Docket No. 2000-1423-MWD- E on December 21, 2001 assessing $5,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MR. HA VAN NGUYEN DBA BURNET HILLS MOBILE HOME PARK AND WINDY HILLS MOBILE HOME PARK, Docket No. 2001-0228- PWS-E on January 2, 2001 assessing $4,563 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting LAWRENCE KING, Enforcement Coordinator at (512)339-2929, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding THE DOW CHEMICAL COMPANY, Docket No. 2000-1459-AIR-E on December 21, 2001 assessing $433,388 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting TONI TOLIVER, SEP Coordinator at (512)239-6122, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding THEO HYBNER, Docket No. 2001-0707-MSW-E on December 21, 2001 assessing $3,000 in administrative penalties with $600 deferred.

Information concerning any aspect of this order may be obtained by contacting CAROL MCGRATH, Enforcement Coordinator at (361)825-3275, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding WATER VALLEY WATER SUPPLY CORPORATION, Docket No. 2000-0541-PWS-E on December 21, 2001 assessing $3,300 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting GITANJALI YADAV, Staff Attorney at (512)239-2029, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200200096

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 8, 2002


Notice of District Petition

Notices mailed during the period December 31, 2001 through January 7, 2002.

TNRCC Internal Control No. 04182001-D01; Porter Water Supply Corporation (Petitioner) has filed a petition with the Texas Natural Resource Conservation Commission (TNRCC) to convert Porter Water Supply Corporation to Porter Special Utility District and to transfer Certificate of Convenience and Necessity (CCN) No. 11473 from Porter Water Supply Corporation to Porter Special Utility District. Porter Special Utility District's business address will be 22162 Water Well Road, Porter, Texas 77365-0000. The petition was filed pursuant to Chapters 13 and 65 of the Texas Water Code; 30 Texas Administrative Code Chapters 291 and 293; and the procedural rules of the TNRCC. The proposed District is located in Montgomery County and will contain approximately 14,452 acres. The territory to be included within the proposed District includes all of the singly certified service area covered by CCN No. 11473. CCN No. 11473 will be transferred after a positive confirmation. The TNRCC may grant a contested case hearing on this petition if a written hearing request is filed within 30 days after the newspaper publication of this notice.

TNRCC Internal Control No.10222001-D01; I-Ten Poorman Investments, Inc., and Cook Realty Group, L.L.C., (Petitioners) have filed a petition for the creation of Woodcreek Reserve Municipal Utility District (District) with the Texas Natural Resource Conservation Commission (TNRCC). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TNRCC. The petition states that: (1) the Petitioners are the owners of a majority in value of the land to be included in the proposed District; (2) the petition states that there is one lien holder on the property to be included in the proposed District; (3) the proposed District will contain approximately 290.48 acres located within Fort Bend County, Texas; and (4) the proposed District is in the corporate boundaries of the City of Katy, Texas. By Ordinance No. 2160, effective July 9, 2001, the City of Katy passed, approved and gave its consent to create District, and has given its authorization to initiate proceedings to create such political subdivision within its jurisdiction. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioners, from the information available at this time, that the cost of said project will be approximately $12,660,000. The TNRCC may grant a contested case hearing on this petition if a written hearing request is filed within 30 days after the newspaper publication of this notice. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice.

TNRCC Internal Control No. 03052001-D01; MacBee Water Supply Corporation (Petitioner) has filed a petition with the Texas Natural Resource Conservation Commission (TNRCC) to convert MacBee Water Supply Corporation to MacBee Special Utility District (District) and to transfer Certificate of Convenience and Necessity (CCN) No. 10845 from MacBee Water Supply Corporation to MacBee Special Utility District. MacBee Special Utility District's business address will be P.O. Box 306; Wills Point, Texas 75169. The petition was filed pursuant to Chapters 13 and 65 of the Texas Water Code; 30 Texas Administrative Code Chapters 291 and 293; and the procedural rules of the TNRCC. The proposed District is located in Van Zandt, Kaufman, and Hunt Counties and will contain approximately 156 square miles. The territory to be included within the proposed District includes all of the singly certified service area covered by CCN No. 10845. CCN No. 10845 will be transferred after a positive confirmation. The TNRCC may grant a contested case hearing on this petition if a written hearing request is filed within 30 days after the newspaper publication of this notice. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice.

The TNRCC may grant a contested case hearing on these petitions if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the petitioner and the TNRCC Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed district's boundaries. You may also submit your proposed adjustments to the petition 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.

The Executive Director may approve the petitions unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of the notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, 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-200200093

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 8, 2002


Notice of Intent to Delete the Tricon America, Inc. State Superfund Site from the Texas Superfund Registry

The executive director (ED) of the Texas Natural Resource Conservation Commission (TNRCC or commission) is issuing a public Notice of Intent to Delete the Tricon America, Inc. State Superfund Site (the Site) from the State Registry, the list of state Superfund sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The commission is proposing this delisting because the ED has determined that the Site no longer presents such an endangerment due to the remedial actions that have been performed at the Site.

The Site, including all land, structures, appurtenances, and other improvements, occupies approximately five acres at 101 East Hampton Road within the city limits of Crowley, Tarrant County, Texas. The Site also included any areas where hazardous substance(s) came to be located as a result, either directly or indirectly, of releases of hazardous substance(s) from the Site. The Tricon property has been used as an aluminum and zinc smelting and casting operation, for the production of concrete buildings, and as a facility to assemble fiberglass buildings. Barium, cadmium, chromium, lead, and zinc were the contaminants of concerns on the site.

In March 1997, a Remedial Investigation was completed for the Site to determine the nature and extent of the contamination. A Focused Feasibility Study conducted in September 1998 identified and evaluated remedial alternatives for the site. Additional sampling was performed in December 1998 to define the extent of contamination in surface and shallow subsurface soils on the Site and on the Deer Creek flood plain. During this additional sampling, no contaminated soil was located in the Deer Creek flood plain.

A Supplemental Focused Feasibility Study, dated June 1999, identified and evaluated additional remedies for the Site. For the purpose of remediation, the Site was divided into two sections: 1.) the Tricon Facility consisting of approximately two-thirds of the site from the entrance gate at East Hampton Road to the north end of the concrete slabs, and 2.) the Tricon Cap Area comprising the waste ash materials contained under the Triloc cap and the uncapped portion south of the cap. The Tricon Facility was cleaned by excavating a few small areas of contaminated soil and moving the excavated soil to the Triloc Cap Area. This cleanup was completed in July 1999. The excavated soil stored in the Triloc Cap Area was to be remediated along with the waste materials under the cap. The clean Triloc Facility was separated by a fence from the Triloc Cap Area.

Based on the calculated volume of the waste ash and contaminated soil at the Site, the TNRCC initially proposed a remedy consisting of cap repair and installation of a French drain. A public meeting was held on August 26, 1999, in Crowley, Texas to discuss the proposed remedy and to take public comments concerning the proposed remedy.

In order to respond to issues raised at the August 26, 1999 meeting, the TNRCC conducted additional investigation to further characterize the contamination in the Triloc cap area. After a review of the results from the additional sampling, further consideration of the remedial investigation results, and consideration of the public comments received at the August 26, 1999 meeting, the TNRCC amended the proposed remedy to excavation and off-site disposal of the Triloc Cap Area wastes and contaminated soil.

The remedial action at the Triloc Cap Area started in January 2001. Approximately 18,749 tons of waste materials, contaminated soil, and concrete debris were excavated and disposed of in an off-site landfill. The excavated areas were sampled and analyzed to confirm removal of wastes and contaminated soil, backfilled with clean soil, graded and covered with grass. The fence was reinstalled at the property boundary. Since the wastes and contaminated soil were removed, post closure care will not be necessary for the site. The monitoring wells installed around the site were abandoned by pulling out the well casings and plugging the wells. The Site has been cleaned to the industrial risk standard and is not appropriate for residential use. The remedial action was completed in August 2001.

Because of the remedial actions that have been performed at the Site, the ED has determined that the Site no longer presents an imminent and substantial endangerment to public health and safety and the environment. Therefore, the Site is eligible for delisting from the State Registry as provided by 30 TAC §335.344(c).

As per 30 TAC §335.344(b), the commission will hold a public meeting to receive comment on the proposed deletion. This meeting will not be a contested case hearing within the meaning of Texas Government Code, Chapter 2001. The meeting will be held on Tuesday, February 19, 2002, at 7:00 p.m. at the Crowley City Hall, 120 North Hampton, Crowley, Texas and will consist of two parts: an informal discussion period; and a formal comment period.

All persons desiring to make comments regarding the proposed deletion of the Site may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m., February 19, 2002 , and should be sent in writing to Mr. Subhash Pal, Project Manager, TNRCC Superfund Cleanup Section, Remediation Division. MC 143, P. O. Box 13087, Austin, TX 78711-3087. The public comment period for this action will end at the close of the public meeting of February 19, 2002.

A portion of the record for the Site including documents pertinent to the ED's proposed delisting are available for review during regular business hours at the Crowley Public Library, 121 North Hampton Road, Crowley, Texas, telephone (817) 297-6707. The complete public file may be obtained during regular business hours at the commission's Records Management Center, Building D, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, telephone numbers (800) 633-9363 or (512) 239- 2920. Fees are charged for photocopying file information.

For further information regarding this meeting or the Site, please call Ms. Barbara Daywood, TNRCC Community Relations at (800) 633-9363.

TRD-200200081

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: January 8, 2002


Notice of Intent to Take No Further Action at the Permian Chemical Company State Superfund Site and to Delete the Site from the State Registry

The executive director of the Texas Natural Resource Conservation Commission (TNRCC or commission) is issuing this public notice of intent to take no further action at the Permian Chemical Company State Superfund Site (the Site) and to delete the Site from its proposed-for-listing status on the State Registry, the list of state Superfund sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The commission is proposing this deletion because the executive director has determined that the Site no longer presents such an endangerment due to the removal actions that have been performed at the Site. This combined notice was also published in the Odessa American on January 18, 2002.

The Site was proposed for listing on the State Registry of Superfund sites in the July 16, 1993, edition of the Texas Register (18 Tex Reg 4709). The Site, including all land, structures, appurtenances, and other improvements, is approximately 30 acres in size, and is located at 325 Pronto Avenue, Ector County, Texas, approximately 3 miles east of downtown Odessa.

Dorchem, Inc. began operations at the site in 1977, operating as a chemical plant and manufacturing hydrochloric acid (HCl) as the primary product and potassium sulfate (K 2 SO 4 ) as a byproduct. Raw materials used in the production of HCl included sulfuric acid (H 2 SO 4 ) and potassium chloride (KCl). Permian Chemical Company (PCC) acquired the facility in 1981 and continued the Dorchem operations. Following several years of enforcement activities by the Texas Department of Water Resources, the Texas Water Commission, and the Texas Air Control Board (predecessor agencies to the TNRCC), PCC shut down operations in 1987.

Prior to abandoning the Site, and in response to the agencies' enforcement actions, PCC conducted groundwater monitoring of the shallow groundwater at the Site, and cleaned up a HCl spill in 1981. Following abandonment of the facility in 1987, the Site was evaluated for inclusion in the Texas state Superfund program. In August 1992, the commission completed the Hazard Ranking System (HRS) package. The Site received a HRS score of 10.12, which made the Site eligible for proposal to the State Registry of Superfund sites.

The Remedial Investigation/Feasibility Study (RI/FS) was initiated at the Site in 1996. As a part of the Phase I RI, a hydrogeological investigation was performed. This investigation included the installation of replacement and additional groundwater monitor wells. The monitor wells were sampled and analyzed for potassium (K), sulfate (SO 4 type-name="sup">-2 ), chloride (Cl - ), total dissolved solids (TDS), Resource Conservation and Recovery Act (RCRA) metals (arsenic, barium, cadmium, chromium, lead, mercury, selenium and silver), and volatile organic compounds (VOCs). A complete discussion of this phase of the investigation can be found in the Phase I Hydrogeological Investigation, Permian Chemical Company Proposed State Superfund Site , October 22, 1996.

Due to the deteriorated condition of the overhead process structures, a removal action was initiated at the Site in September 1996. This removal was conducted for safety reasons and to make soil sampling in the immediate vicinity of the process area possible. A complete discussion of these removal activities at the Site can be found in the Removal Action Report, Permian Chemical Company Proposed State Superfund Site , January 1997.

Following the Site demolition activities, the Phase I RI was completed. The field activities associated with the first phase of the RI at the Site were initiated in October 1995, and included the sampling and analysis of surface soils, North Pond surface water, sediments and groundwater. The analytes for soil and sediments included pH, sodium (Na), K, SO 4 -2 , Cl - , RCRA metals, VOCs and total petroleum hydrocarbons (TPH). Based on the initial sample results, all monitor wells were resampled in July 1996, and a limited monitor well sampling event occurred in January 1997. A complete discussion of the Phase I RI can be found in Phase I Remedial Investigation Report, Permian Chemical Company Proposed State Superfund Site , August 1997.

A second phase of the RI at the Site was conducted in October/November 1999. The purpose of this second phase was to determine if any onsite soils could be contributing to the low levels of VOCs detected in some Site monitor wells, and to plug and abandon the onsite water wells. This phase of the RI also included the installation of two additional downgradient monitor wells and a complete round of monitor well sampling. A complete discussion of this phase of the RI can be found in Phase II Remedial Investigation, Final Data Summary, Permian Chemical Company State Superfund Site , March 27, 2000.

The commission determined that both hazardous and Class I industrial solid wastes remained at the Site, so a second removal action was initiated in November 2000. This removal action included removal of all RCRA hazardous and Class I industrial solid wastes from the Site, transportation to an approved waste disposal facility, and proper disposal. A complete discussion of these removal activities at the Site can be found in the Waste Removal Action Report, Permian Chemical Company Proposed State Superfund Site , December 2001.

Following completion of these activities at the Site, a Baseline Risk Evaluation (BRE) Report was prepared. The results of the RI and site-specific exposure scenarios were used to complete the BRE. Based on the results of the BRE, the Site does not pose unacceptable excess risk to human health or the environment. A complete discussion of the risk evaluation at the Site can be found in the Baseline Risk Evaluation Report, Permian Chemical Company State Superfund Site , December 2001.

The Site is not appropriate for residential use according to state risk reduction regulations in effect as of September 2, 1999, and has been deed recorded for commercial/industrial use only.

Because of the removal actions that have been performed at the Site, the executive director has determined that the Site no longer presents an imminent and substantial endangerment to public health and safety or the environment. Therefore, no further action is necessary at the Site and the Site is eligible for deletion from its proposed-for-listing status on the State Registry as provided by 30 TAC §335.344 (relating to Delisting and Modifications).

The commission will hold a public meeting to receive comment on the proposed deletion of the Site and the determination to take no further action. This public meeting will be legislative in nature and is not a contested case hearing under Texas Government Code, Chapter 2001. The public meeting is scheduled for 7:00 p.m. on Tuesday, February 26, 2002, at the Ector County Library, Rotary Room, 321 West 5th Street, 2nd Floor, Odessa, Texas and will consist of two parts: an informal discussion period and a formal comment period.

All persons desiring to make comments may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m., February 26, 2002, and should be sent in writing to Ms. Carol Boucher, Project Manager, Remediation Division, MC-143, P. O. Box 13087, Austin, TX 78711-3087. The public comment period for this action will end at the close of the public meeting of February 26, 2002.

A portion of the records for this Site including documents pertinent to the proposed deletion of the Site are available for review during regular business hours at the Ector County Library, 321 West Fifth Street, Odessa, Texas, telephone number (915) 332-0633. Copies of the complete public record file may be obtained during business hours at the commission's Records Management Center, Building E, First Floor, Records Customer Service, 12100 Park 35 Circle, MC-199, Austin, Texas 78753, telephone number (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Handicapped parking is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

For further information regarding this meeting on the Site, please call Janie Montemayor, Texas Natural Resource Conservation Commission, Community Relations, at (800) 633-9363.

TRD-200200083

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: January 8, 2002


Notice of Opportunity to Comment on a Default Order of Administrative Enforcement Actions

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Default Order (DO). 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 February 18, 2002 . 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 the proposed DO 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 February 18, 2002 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the DO and/or the comment procedure at the listed phone numbers; however, comments on the DO should be submitted to the TNRCC in writing .

(1) COMPANY: Alauddin Investments, Inc., dba Kwik Trip Food Store; DOCKET NUMBER: 2001-0130-PST-E; TNRCC ID NUMBER: 17066; LOCATION: 551 Fredricksburg Road, San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.47(b)(1)(A), by failing to assess the underground storage tanks (UST) for structural integrity and the presence of corrosion holes; 30 TAC §334.49(a), and TWC, §26.3475, by failing to maintain corrosion protection records; 30 TAC §334.50(b)(1)(A), and TWC, §26.3475, by failing to monitor the USTs for releases at least once every month; 30 TAC §334.50(b)(2), and TWC, §26.3475, by failing to monitor the UST piping in a manner designed to detect a release from any portion of the piping system; 30 TAC §334.50(b)(2)(A)(i)(III), and TWC, §26.3475, by failing to calibrate and test the line leak detector for performance and operational reliability at least once per year; 30 TAC §334.7, by failing to provide written notice to the executive director of the TNRCC within 30 days of any changes, amendments, or additions to the information previously provided to the TNRCC regarding the UST system; PENALTY: $17,500; STAFF ATTORNEY: Robert Hernandez, Litigation Division, MC 175, (210) 403-4016; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Rd., San Antonio, Texas 78233-4480, (210) 490-3096.

TRD-200200087

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: January 8, 2002


Notice of Opportunity to Participate in Permitting Matters

A person may request to be added to a mailing list for public notices processed through the Office of the Chief Clerk for air, water, and waste permitting activities at the TNRCC. You may request to be added to: (1) a permanent mailing list for a specific applicant name and permit number; and/or (2) a permanent mailing list for a specific county or counties.

Note that a request to be added to a mailing list for a specific county will result in notification of all permitting matters affecting that particular county.

To be added to a mailing list, send us your name and address, clearly specifying which mailing list(s) to which you wish to be added. Your written request should be sent to the TNRCC, Office of the Chief Clerk, Mail Code 105, P. O. Box 13087, Austin, TX 78711-3087.

Individual members of the public who wish to inquire about the information contained in this notice, or to inquire about other agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040.

TRD-200200095

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 8, 2002


Notice of Water Quality Applications.

The following notices were issued during the period of November 29, 2001 through January 3, 2002.

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, P. O. Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

ACME BRICK COMPANY has applied for a National Pollutant Discharge Elimination System (NPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 03761. The draft permit authorizes the discharge of mine pit water commingled with stormwater at an intermittent and variable flow basis. The applicant operates the Mayfield Clay Mine. The plant site is located approximately 1.5 miles west of State Highway 19 and 0.3 miles north of Farm-to-Market Road 1861 in Van Zandt County, Texas.

CITY OF ALTO has applied for a renewal of TPDES Permit No. 10546-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility is located approximately 4,000 feet southeast of the intersection of State Highway 21 and U.S. Highway 69 in Cherokee County, Texas.

AQUASOURCE UTILITY, INC. has applied for a renewal of TPDES Permit No. 12222- 001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The facility is located approximately 0.3 mile southwest of the intersection of Fisher Road and Southern Pacific Railroad, on the south bank of Cole Creek in Harris County, Texas. The treated effluent is discharged to Cole Creek; thence to White Oak Bayou Above Tidal in Segment No. 1017 of the San Jacinto River Basin.

AZTEC COVE PROPERTY OWNERS ASSOCIATION has applied for a renewal of TPDES Permit No. 11831-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 7,500 gallons per day. The facility is located approximately seven miles east of the City of Trinity on the north side of Farm-to-Market Road 356, approximately 2,000 feet west of the bridge over the White Rock Creek Arm of Lake Livingston in Trinity County, Texas.

CITY OF BRIDGE CITY has applied for a renewal of TPDES Permit No. 10051-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,600,000 gallons per day. The facility is located on Bower Drive, approximately 2,000 feet southeast of the State Highway 87 bridge over Cow Bayou within Bridge City in Orange County, Texas.

CALPINE CORPORATION has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 04040, to authorize the discharge of cooling tower blowdown, previously monitored effluents (low volume waste sources) and stormwater at a daily average flow not to exceed 1,500,000 gallons per day via Outfall 001. The applicant proposes to operate an electric power plant. The plant site is located at the southwest corner of the intersection of McColl Road and State Highway 1925 (Monte Cristo Road) approximately three miles northwest of the City of Edinburg, Hidalgo County, Texas.

CITY OF CORPUS CHRISTI has applied for a renewal of TNRCC Permit No. 10401-006, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 5,000,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 5,000,000 gallons per day. The application also includes a request for a temporary variance to the existing water quality for Nueces River Tidal in Segment No. 2101. The variance is based on the proposed site specific standard that was adopted by the Commission on July 26, 2000, which became effective on August 17, 2001, and is currently awaiting approval from the U.S. Environmental Protection Agency, Region VI. The facility is located at 3 Allison Lane in the northwest portion of the City of Corpus Christi approximately 1 mile north of Interstate Highway 37 in Nueces County, Texas.

CROSS ROADS INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TNRCC Permit No. 13789-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 16,000 gallons per day. The facility is located approximately 940 feet northeast of the intersection of Farm-to-Market Road 3441 and Farm-to-Market Road 59 in Henderson County, Texas.

CITY OF DEVINE has applied for a renewal of TNRCC Permit No. 10160-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 650,000 gallons per day. The plant site is located approximately 4000 feet south of the intersection of U.S. Highway 81 and State Highway 173, south of the City of Devine in Medina County, Texas.

CITY OF DUMAS has applied for a renewal of Permit No. 10161-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 1,440,000 gallons per day via surface irrigation of 525 acres of land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 1.0 mile east of U.S. Highway 287, south of the City of Dumas on East 20th Street in Moore County, Texas. The facility and disposal site are located in the drainage basin of Lake Meredith in Segment No. 0102 of the Canadian River Basin.

EASTMAN CHEMICAL COMPANY has applied for a major amendment to TNRCC Permit No. 00471 to authorize the discharge of diverted river water and utility wastewaters (cooling tower blowdown, steam plant blowdown, deionization wastewater, and return cooling water) via Outfall 001; combine effluent discharged via current Outfalls 002 & 003 into a single discharge via Outfall 002 and remove Outfall 003 from the permit; remove all effluent limitations from Outfall 004 due to changes in effluent quality and sources and re-establish effluent limitations and monitoring requirements as needed; remove Outfall 005 from permit; increase the effluent limitations for total copper at Outfall 002 based on a temporary variance and a site-specific standard for total copper; and increase effluent limitations for carbonaceous biochemical oxygen demand (5-day) and ammonia-nitrogen at Outfall 002 based on up-dated modeling for the receiving water. The current permit authorizes the discharge of cooling water, storm water runoff, and miscellaneous low contamination potential plant discharges on an intermittent and flow variable basis via Outfall 001; process wastewater, process area storm water, domestic wastewater, and demineralizer/deionizer regenerant wastewater at a daily average flow not to exceed 6,400,000 gallons per day via Outfall 002; cooling tower blowdown at a daily average flow not to exceed 1,400,000 gallons per day via Outfall 003; deinventory water from the Talley system on an intermittent and flow variable basis via Outfall 004; and deinventory water from Lagoons 1, 2, and 3 on an intermittent and flow variable basis via Outfall 005. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0000949 issued on October 25, 1991 and TNRCC Permit No. 00471, issued on February 16, 1992. The applicant operates a plant manufacturing chemicals and plastics. The plant site is located on the south side of Interstate Highway 20, at the intersection of Interstate Highway 20 and State Highway 149, south of the City of Longview, Harrison County, Texas. The applicant has also requested a temporary variance to the existing water quality standards for the water quality based criteria for copper in the Texas Surface Water Quality Standards (30 TAC Chapter 307) for the Sabine River Above Toledo Bend Reservoir in Segment No. 0505 of the Sabine River Basin. The variance would authorize a three year period in which a site-specific standard for copper in the Texas Surface Water Quality Standards (30 TAC Chapter 307) for the Sabine River Above Toledo Bend Reservoir may be adopted.

HECTOR JESUS ESCOBAR DBA HORIZON TRUCK WASH has applied for a renewal of Permit No. 03033, which authorizes the disposal of washwater at a daily maximum flow not to exceed 7,500 gallons per day via irrigation. The applicant operates a truck wash facility. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal area are located at 11288 Stockyard Road, two blocks southwest of Interstate Highway 10 and one block northwest of Horizon Boulevard, approximately four miles east of the City of Socorro, El Paso County, Texas.

EUBANK MANUFACTURING ENTERPRISES, INC. has applied for a renewal of TPDES Permit No. 13830-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 3,000 gallons per day. The facility is located on Farm-to-Market Road 2011, approximately 2 miles south of Interstate Highway 20 in Gregg County, Texas.

EXXON CHEMICAL ASSET MANAGEMENT PARTNERSHIP has applied for a major amendment to TNRCC Permit No. 02184 to authorize an increase in the discharge of process wastewater, cooling tower blowdown, neutralization/demineralizer backwash, and storm water from a daily average flow not to exceed 987,000 gallons per day to a daily average flow not to exceed 1,614,000 gallons per day via Outfall 001; remove internal Outfall 101 from the permit; allow by-pass of the Induced Gas Floatation Unit affecting Outfall 101; add intermittent waste streams (emergency eyewash and shower water, carbon filter rinse, once through cooling water, and surface condenser condensate) to Outfall 002; reduce the minimum dissolved oxygen limit from 5.5 mg/l to 4.5 mg/l for Outfall 001; and reduce the monitoring frequencies for total copper, total silver, and total zinc at Outfall 001 of the current NPDES permit. The current permit authorizes the discharge of treated process wastewater, storm water, cooling tower blowdown, neutralization pit water and demineralizer backwash at a daily average flow not to exceed 987,000 gallons per day, via Outfall 001; and storm water and wastewater from Outfall 001 (during emergency conditions) on an intermittent and flow variable basis via Outfall 002. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0077887, issued on July 25, 1997 and TNRCC Permit No. 02184, issued on July 8, 1996. The applicant operates the Baytown Olefins Plant. The plant site is located at 3525 Decker Drive (Spur 330) in the City of Baytown, Harris County, Texas.

EXXONMOBIL REFINING & SUPPLY COMPANY which operates the ExxonMobil Baytown Complex, an integrated petroleum refinery and organic chemical manufacturing facility, and compatible wastes received from an adjacent sulfuric acid manufacturing plant, has applied for a major amendment to TPDES Permit No. 00592 to authorize an increase the daily average flow at Outfall 001 from 30,000,000 gallons per day to 33,000,000 gallons per day, reduce monitoring frequencies for all parameters at Outfall 001, increase the daily maximum temperature limit at Outfall 003, increase the daily average flow limit at Outfall 003 from 2,500,000 gallons per day to 3,000,000 gallons per day, reduce the monitoring frequency for total organic carbon at Outfall 003, calculate temperature limits at Outfalls 001 and 003 using the flow weighted average temperature measurement method, and remove biomonitoring requirements at Outfall 003. The current permit authorizes the discharge of facility wastewater at a daily average flow not to exceed 30,000,000 gallons per day via Outfall 001; the discharge of previously monitored effluents on an intermittent and flow variable discharge via Outfall 002 which will remain the same; and the discharge of regenerate water from a demineralizer plant at a daily average flow not to exceed 2,500,000 gallons per day via Outfall 003. The facility is located at 2800 Decker Drive, adjacent to the Houston Ship Channel, in the City of Baytown, Harris County, Texas.

CITY OF FARMERSVILLE has applied for a renewal of TNRCC Permit No. 10442-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 225,000 gallons per day. The facility is located approximately 1,600 feet south of the intersection of State Highway 78 and U.S. Highway 380 in the southwest corner of the City of Farmersville in Collin County, Texas.

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 116 has applied for a renewal of TPDES Permit No. 13976-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility is located along the west side of Crabb River Road approximately 4200 feet south of U.S. Highway 59 in Fort Bend County, Texas.

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 112 has applied for a renewal of TPDES Permit No. 13628-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,500,000 gallons per day. The facility is located approximately 3,000 feet north of the Brazos River and 4,800 feet west of Sartartia Road (Farm-to-Market Road 1464 south of U.S. Highway 90A), and 8,000 feet south of U.S. Highway 90A in Fort Bend County, Texas.

HOUSTON COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 has applied for a renewal of TPDES Permit No. 10871-001, which authorizes the discharge of filter backwash water at a daily average flow not to exceed 60,000 gallons per day. The facility is located approximately one mile southwest of Latexo, approximately 1 and 3/4 miles northwest of the intersection of U.S. Highway 287 and Farm-to-Market Road 2160 in Houston County, Texas.

HUNTSMAN PROPYLENE OXIDE LTD., HUNTSMAN INTERNATIONAL FUELS, L.P., HUNTSMAN PETROCHEMICAL CORPORATION, AND AMERIPOL SYNPOL CORPORATION, which operates petrochemical, industrial gases and synthetic rubber plants, has applied for a major amendment to TNRCC Permit No. 00511 to relocate Outfall 001; move monitoring requirements and effluent limitations for temperature from Outfall 001 to Outfall 301; the addition of a constructed wetlands for additional treatment of wastewater diverted from Outfall 001; the addition of two outfalls (Outfalls 003 and 004) for the discharge of previously monitored effluents from Outfalls 201 and 301 and other waters exiting the constructed wetlands on a flow variable basis; remove effluent limitations and monitoring requirements for total lead, total nickel, and total cyanide from Outfall 301 of the current NPDES permit; and the addition of Outfalls 005, 006, 007, 008, 009, 010, 011, and 012 for the discharge of storm water (which may contain deminimus quantities of hydrostatic test water, steam condensate and other utility wastewaters) on an intermittent and flow variable basis. The current permit authorizes the discharge of combined wastewaters from internal Outfalls 201 and 301 on a flow variable basis via Outfall 001, and combined storm water and process wastewater on an intermittent and flow variable basis via Outfall 002. The facility is located at the southwest corner of the intersection of State Highway Spur 136 and Farm to Market Road 366, immediately east of the City of Port Neches, Jefferson County, Texas.

CITY OF JEWETT has applied for a renewal of TPDES Permit No. 11392-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located approximately 500 feet southeast of Sugar Street, approximately 4,000 feet east of State Highway 79, on the east side of the City of Jewett in Leon County, Texas.

LA GLORIA OIL AND GAS COMPANY has applied for a renewal of TNRCC Permit No. 01590, which authorizes the discharge of storm water associated with industrial activity and contaminated runoff via Outfall 001 on an intermittent and flow variable basis, and the discharge of storm water associated with industrial activity on an intermittent and flow variable basis via Outfalls 002-012. Issuance of this Texas Pollutant Discharge Elimination System (TPDES) permit will replace the existing NPDES Permit No. TX0001449 issued on July 24, 1998 and TNRCC Permit No. 01590, issued on April 3, 1998. The applicant operates a petroleum refining facility located at 1702 East Commerce Street, approximately 0.6 miles west of the intersection of East Commerce Street and State Loop 323, in the City of Tyler, Smith County, Texas.

LAKE FORK RESORT, LLC has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 13975-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day. The plant site is located approximately 700 feet east of Farm-to-Market Road 17 and 0.3 mile south of Farm-to-Market Road 515 in Wood County, Texas.

LAKEWAY MUNICIPAL UTILITY DISTRICT has applied for a renewal of Permit No. 11495-006, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day via surface irrigation of 117 acres of land on the Live Oak Golf Course. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 2.0 miles northwest of the intersection of Ranch Road 620 and Lohmans Crossing Road in Travis County, Texas. The facility and disposal site are located in the drainage basin of Lake Travis in Segment No. 1404 of the Colorado River Basin .

LAZBUDDIE UTILITY WATER SUPPLY CORPORATION has applied for a renewal of Permit No. 13553-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day via subsurface drainfields with a surface area of 32,000 square feet. The facility and disposal site are located approximately 3,500 feet northwest of the intersection of Farm-to-Market Roads 145 and 1172 in Parmer County, Texas.

CITY OF LOVELADY has applied for a renewal of TPDES Permit No. 10734-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 105,000 gallons per day. The facility is located approximately 0.5 mile southwest of the intersection of State Highway 19 and Farm-to-Market Road 1280 in Houston County, Texas.

CITY OF MARSHALL has applied for a major amendment to TPDES Permit No. 10583-002 to authorize an increase in the discharge of treated domestic wastewater from an annual average flow not to exceed 5,910,000 gallons per day to an annual average flow not to exceed 8,000,000 gallons per day. The facility is located southeast of the City of Marshall, approximately 1,800 feet southeast of the intersection of Interstate Highway 20 and Five Notch Road in Harrison County, Texas.

CITY OF MEMPHIS has applied for a renewal of TPDES Permit No. 10220-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 326,000 gallons per day. The facility is located approximately one mile southeast of the intersection of State Highway 256 and U.S. Highway 287 in Hall County, Texas.

CITY OF MOUNT ENTERPRISE has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14283-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day. The facility is located north of County Road 3207, 0.5 mile west of the intersection of U.S. Highway 259 and County Road 3207 in Rusk County, Texas.

NORTH ALAMO WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. 13747-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located approximately 1/3 mile south of State Highway 186 and 1/2 mile west of Farm-to-Market Road 1015 in Willacy County, Texas.

NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 29 has applied for a renewal of TNRCC Permit No. 12795-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 565,000 gallons per day. The facility is located 600 feet west of Eldridge Road and 1,500 feet north of U.S. Highway 290 and approximately 4,400 feet southeast of Farm-to-Market Road 1960 in Harris County, Texas.

PRIDE COMPANIES, L.P. has applied for a National Pollutant Discharge Elimination System (NPDES) wastewater permit. The applicant has an existing Texas Natural Resource Conservation Commission (TNRCC) Permit No. 03490. The draft permit authorizes the discharge of treated tankage wastewaters, stormwater and other wastewaters at a daily average flow not to exceed 150 gallons per day dry weather flow via Outfall 001. The plant site is located on the south side of Interstate Highway 20, approximately 1.2 miles west of the intersection of Interstate Highway 20 with Farm-to-Market Road 1187, and approximately two miles north of the City of Aledo in Parker County, Texas.

RAILROAD COMMISSION OF TEXAS, SURFACE MINING AND RECLAMATION DIVISION, which proposes to operate the Esse Abandoned Mine Land Reclamation Project, the reclamation of an abandoned uranium mining area, has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 04335, to authorize the discharge of mine dewatering water from an abandoned uranium mine at daily average flow not to exceed 2,000,000 gallons per day via Outfall 001. The facility is located 13,500 feet northwest of the Town of Nell, 5,000 feet due west of Bench Mark 354, and 16,500 feet north-northeast of the confluence of Little Creek and Weedy Creek, Live Oak County, Texas.

WALLACE ALLEN RAYNOR has applied for a renewal of TPDES Permit No. 11032-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 8,000 gallons per day. The facility is located approximately 13 miles north-northeast of the City of Fort Worth central business district and 1.9 miles east of the Interstate Highway 35W on the north bank of Big Bear Creek, west of its crossing of Alta Vista Road and approximately 0.5 mile south of the intersection of Alta Vista Road and Keller-Hicks Road, in the City of Keller in Tarrant County, Texas.

REGENCY PROPERTIES has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of Permit No. 13055-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 18,000 gallons per day via surface irrigation of 10 acres of pasture land. The facility and disposal site are located approximately 2,750 feet north of the intersection of Farm-to-Market Road 14 and State Highway Loop 323, north of the City of Tyler in Smith County, Texas.

SEIS LAGOS MUNICIPAL UTILITY DISTRICT AND NORTH TEXAS MUNICIPAL WATER DISTRICT has applied for a renewal of TPDES Permit No. 11451-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The facility is located at 1007 Riva Ridge in the Seis Lagos Development approximately 0.8 mile southeast of the intersection of Farm-to-Market Road 3286 in Collin County, Texas. The treated effluent is discharged to an unnamed tributary of Lavon Lake; thence to Lavon Lake in Segment No. 0821 of the Trinity River Basin.

CITY OF SHERMAN has applied for a major amendment to TNRCC Permit No. 10329-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 12,000,000 gallons per day to an annual average flow not to exceed 16,000,000 gallons per day; to authorize less stringent effluent limitations for carbonaceous biochemical oxygen demand and authorization for marketing and distribution of Class A sewage sludge. The plant site is located south of the Farm-to-Market Road 1417 Bridge over Post Oak Creek on the west side of Post Oak Creek southeast of the City of Sherman in Grayson County, Texas .

SLIDELL INDEPENDENT SCHOOL DISTRICT has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14306-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility is located approximately 1,700 feet north and 300 feet east of the intersection of Farm-to-Market Road 455 and County Road 2822 in Wise County, Texas.

SOMERSET INDEPENDENT SCHOOL DISTRICT has applied for a new permit, Proposed Permit No. 14284-001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day via drip irrigation of 2.3 acres of 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 600 feet west of the intersection of State Highway 16 and Smith Road, approximately 800 feet north of Smith Road, near the City of Somerset in Bexar County, Texas.

CITY OF SUDAN has applied for a renewal of Permit No. 10294-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 105,000 gallons per day via evaporation and irrigation. The draft permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 105,000 gallons per day via evaporation. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 3000 feet northeast of the intersection of U.S. Highway 84 and Farm-to-Market Road 303 and approximately 4000 feet north of the intersection of U.S. Highway 84 and Farm-to-Market Road 1843 in Lamb County, Texas.

TEXAS DEPARTMENT OF TRANSPORTATION has applied for a renewal of TPDES Permit No. 11973-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility is located within the right-of-way of Interstate Highway 20 at a point approximately 3.4 miles east of Farm-to-Market Road 450 in Harrison County, Texas. The treated effluent is discharged to unnamed tributary; thence to Hatley Creek; thence to the Sabine River Above Toledo Bend Reservoir in Segment No. 0505 of the Sabine River Basin. The unclassified receiving water uses are no significant aquatic life uses for the unnamed tributary. The designated uses for Segment No. 0505 are high aquatic life uses, public water supply and contact recreation.

TEXAS DEPARTMENT OF TRANSPORTATION has applied for a renewal of TPDES Permit No. 11987-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day. The facility is located on the right-of-way of Interstate Highway 30 at a point one mile west of Farm-to-Market Road 990 in Bowie County, Texas .

TEXAS MUNICIPAL POWER AGENCY which operates the Gibbons Creek Steam Electric Station, a coal-powered, steam electric power generating facility, has applied for a major amendment to TNRCC Permit No. 02120 to authorize the additional discharge of metal cleaning wastewater on an intermittent and flow variable basis via Outfall 001. The current permit authorizes the discharge of low volume wastewater, bottom ash transport water, coal pile runoff and domestic wastewater on a continuous and flow variable basis via Outfall 001; coal pile runoff and storm water on an intermittent and flow variable basis via Outfall 002; ash landfill leachate at a daily maximum flow not to exceed 32,000 gallons per day via Outfall 003; and once through cooling water and auxiliary non-contact cooling water at a daily average flow not to exceed 511,000,000 gallons per day via Outfall 004. The facility is located adjacent to Gibbons Creek Reservoir, approximately 2.5 miles north (via Farm-to-Market Road 244) of the intersection of State Highway 30 and Farm-to-Market Road 244, in the Town of Carlos, Grimes County, Texas.

TEXAS PARKS AND WILDLIFE DEPARTMENT has applied for a renewal of TPDES Permit No. 11098-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 17,500 gallons per day. The facility is located within Bentsen Rio Grande Valley State Park; adjacent to State Park Loop 43; approximately 3.5 miles south of the intersection of State Highway Loop 374 and Farm-to-Market Road 2062 in Hidalgo County, Texas.

TEXAS WATER SERVICES, INC. has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TNRCC Permit No. 13547-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The plant site is located approximately 0.25 mile north of Farm-to-Market Road 356 and approximately 0.4 mile west of the intersection of Farm-to-Market Road 356 and Farm-to-Market Road 355 in Trinity County, Texas.

THOUSAND TRAIL, INC. has applied for a renewal of TPDES Permit No. 12861-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 40,000 gallons per day. The facility is located approximately one mile west of Farm-to- Market Road 47 and approximately 1.15 miles south of Farm to-Market Road 35 in Rains County, Texas.

CITY OF TRENTON has applied for a renewal of TNRCC Permit No. 10704-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 105,000 gallons per day. The facility is located approximately 2,900 feet southwest of the intersection of Farm-to-Market Road 815 and Farm-to-Market Road 814 in Fannin County, Texas.

TXI OPERATIONS, LP which operates the Streetman Expanded Shale and Clay Plant, a lightweight aggregate production facility, has applied for a major amendment to TPDES Permit No. 01691 to authorize the relocation of Outfall 001 upstream of its current location into Elm Creek. The current permit authorizes the discharge of cooling water and wet scrubber water commingled with storm water at a daily average flow not to exceed 600,000 gallons per day via Outfall 001; and storm water runoff on an intermittent and flow variable basis via Outfall 002. The facility is located approximately 2.25 miles northwest of the City of Streetman on the east side of Interstate Highway 45, 1.5 miles north of the Wortham/Streetman exit, in Navarro County, Texas.

TXU MINING COMPANY has applied to the Texas Natural Resource Conservation Commission for a renewal of TNRCC Permit No. 02697, which authorizes the discharge of mine water, surface water runoff, and treated domestic sewage on an intermittent and flow variable basis via Outfalls 001, 002, and 003 and discharge from post-mining area retention ponds on an intermittent and flow variable basis via Outfalls 101, 102, and 103. The applicant operates the Monticello Lignite Mining Area. The plant site is located north and south of Interstate Highway 30 between the City of Winfield and the City of Mount Pleasant, Titus and Franklin Counties, Texas.

TYSON FARMS, INC. which operates a poultry processing and rendering facility has applied for a renewal of TNRCC Permit No. 02064, which authorizes the discharge of process wastewater, utility wastewater, domestic wastewater and storm water at a daily average flow not to exceed 1,500,000 gallons per day via Outfall 001; and storm water on an intermittent and flow variable basis via Outfall 002. The facility is located at 1019 Shelbyville Street in the City of Center, Shelby County, Texas.

WARREN INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TNRCC Permit No. 11309-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 7,500 gallons per day. Issuance of the proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 11309-001 will replace the existing NPDES Permit No. TX0076007 issued on September 18, 1991 and TNRCC Permit No. 11309-001. The facility is located on the west side of Farm-to-Market Road 1943 in the community of Fred in Tyler County, Texas.

WATERWOOD MUNICIPAL UTILITY DISTRICT NO. 1 has applied for a major amendment to TNRCC Permit No. 11447-001 to change the method of disposal of treated domestic wastewater from irrigation to discharge. The applicant has requested to reduce the permitted flow from a daily average flow not to exceed 250,000 gallons per day to daily average flow not to exceed 100,000 gallons per day. The facility is located approximately 0.1 mile south of Waterwood Parkway at a point approximately 1.0 mile east of the intersection of Waterwood Parkway and Farm-to-Market Road 980 and approximately 6 miles north of the intersection of Farm-to-Market Road 980 and State Highway 190 in San Jacinto County, Texas. The current disposal site is located approximately 0.75 mile northeast of the plant site at the Waterwood County Club Golf Course in San Jacinto County, Texas.

WOODMARK UTILITIES, INC. has applied for a renewal of TPDES Permit No. 13168- 001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The facility is located south of Farm-to-Market Road 346, approximately 1.2 miles west of the intersection of Farm-to-Market Road 346 and U. S. Highway 69, south of the City of Tyler in Smith County, Texas.

Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE

The Texas Natural Resource Conservation Commission (TNRCC) has initiated a minor amendment of the permit issued to THE DOW CHEMICAL COMPANY, which operates the La Porte Plant which manufactures plastics and synthetic organic chemicals, to modify the ion adjustment protocol language in the 24-hour acute biomonitoring section of the permit as a result of a Toxicity Reduction Evaluation. The existing permit authorizes the discharge of process wastewater, storm water, utility water, and domestic wastewater at a daily average flow not to exceed 1,650,000 gallons per day via Outfall 001, and storm water runoff on an intermittent and flow variable basis via Outfalls 002 and 003. The facility is located at 550 Battleground Road (State Highway 134) on the east side of State Highway 134, approximately 0.5 mile north of State Highway 225 in the City of La Porte, Harris County, Texas.

CITY OF PLEASANTON has applied for a major amendment to TNRCC Permit No. 10598- 001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 980,000 gallons per day to an annual average flow not to exceed 1,420,000 gallons per day. The current permit also authorizes the disposal of treated domestic wastewater via irrigation of 4 acres. The plant site is located approximately 0.4 mile southeast of the intersection of U.S. Highway 281 and the Missouri Pacific railroad and 0.5 mile northeast of the intersection of State Highway 97 and U.S. Highway 281 in the City of Pleasanton in Atascosa County, Texas.

TRD-200200094

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 8, 2002


Notice of Water Rights Application

Notices mailed during the period December 17, 2001 through January 4, 2002.

Certificate of Adjudication No. 12-3737; Alamo Concrete Products, Ltd., P.O. Box 34210, San Antonio, Texas 78265, applicant, seeks to amend Certificate of Adjudication No. 12-3737, as amended, pursuant to 11.122, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Applicant owns Certificate of Adjudication No. 12- 3737, as amended, which authorizes permittee to divert 300 acre-feet of water per annum, of which not more than 30 acre-feet of water may be consumptively used for mining purposes, from the South Fork San Gabriel River, tributary of the Brazos River. The diversion point is located in Williamson County, approximately 2.25 linear miles west-southwest, and approximately 2.87 stream miles upstream, of the point where Interstate Highway 35 crosses the South Fork San Gabriel River. The certificate contains Special Condition 6, which provides that the authorization to divert and use water for mining purposes shall expire and become null and void on December 31, 2002. Applicant seeks authorization to amend Special Condition 6 contained in Certificate of Adjudication No. 12-3737, as amended, to extend the expiration date of the Certificate by 15 years, or to December 31, 2017. The application was received on September 7, 2001. The Executive Director of the TNRCC has reviewed the application and has declared it to be administratively complete on December 3, 2001. 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, within 30 days of the date of newspaper publication of the notice. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice.

Application No. 5666; Apex Golf Properties Corporation, 7111 Pharoah Drive, Corpus Christi, Texas 78412, seeks to amend Water Use Permit No. 5666 pursuant to 11.122, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Water Use Permit No. 5666 authorizes the owner to impound a maximum of 14.2 acre-feet of water in a reservoir complex (Reservoirs A-D) on an unnamed tributary of Oso Bay, Nueces-Rio Grande Coastal Basin and to divert and use not to exceed 120 acre-feet of water per annum from the perimeter of Reservoir "A" to irrigate 121.86 acres of land in Tracts 1 and 2 of Pharoahs Country Club and Block 3 of Pharoah Valley Northeast, subdivisions of the City of Corpus Christi, Nueces County, Texas. The authorized diversion consists of 10 acre-feet of water per annum from streamflow in the unnamed tributary of Oso Bay and 110 acre-feet of water per annum from effluent discharged by the Oso Wastewater Treatment Plant into the unnamed tributary, upstream of the applicant's diversion point. A special condition to the Permit provides that authorization to divert and use 110 acre-feet per year of the 120 acre-foot per year authorization is dependent on continued effluent discharge by the Oso Wastewater Treatment Plant into the unnamed tributary, and that such authorization shall expire and become null and void should the discharge from the wastewater plant cease. Pursuant to an "Effluent Use Agreement" with the City of Corpus Christi, applicant seeks to amend Water Use Permit No. 5666 to increase the authorized diversion amount of water from the unnamed tributary of Oso Bay from 120 to 250 acre-feet of water per annum. The increased amount will be supplied by the effluent discharge of the Corpus Christi's Oso Wastewater Treatment Plant into the unnamed tributary. The total proposed diversion to be authorized, 250 acre-feet of water per annum, will consist of 10 acre-feet of water per annum from streamflow in the unnamed tributary of Oso Bay and 240 acre-feet of water per annum from effluent discharged by the Oso Wastewater Treatment Plant into the tributary. The amendment, if issued, will be contingent upon sufficient discharge from the Oso Wastewater Treatment Plant to supply the increased amount of water being requested by this applicant. The amendment application was received on July 17, 2001 and additional information was received on October 22, 2001. The application was determined to be administratively complete on November 8, 2001. 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, within 30 days of the date of newspaper publication of the notice. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice.

PROPOSED TEMPORARY PERMIT NO. TP-8219; BP Amoco Chemical Company Texas City, 2401 5th Avenue South, P. O. Box 401, Texas City, Texas 77592-0401, has requested authorization, for a 30 day period, to divert and use 20 acre-feet or water from Galveston Bay, San Jacinto-Brazos Coastal Basin for industrial purposes. The water will be used for cleaning and pigging Crude Oil Line No. 805 from Dock 40 to Crude Meter Station No. 2 during a planned turnaround at the Texas City facility in Galveston County. Diversion point of the water will be located at the BP Amoco facility's Dock 40 on Galveston Bay, also being located at 29.37 degrees N Latitude and 94.89 degrees W Longitude, approximately 3 miles east of Texas City. The application was received by the TNRCC on December 10, 2001. The Executive Director of the TNRCC reviewed the application and declared it to be administratively complete on December 12, 2001. 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 February 4, 2002. The TNRCC may grant a contested case hearing on this application if a written hearing request is file by February 4, 2002.

APPLICATION NO. 5748; City of Navasota, 202 E. Washington, Navasota, TX 77868, applicant, seeks a Water Use Permit pursuant to 11.121, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Applicant seeks authorization to construct and maintain an on-channel reservoir and impound therein not to exceed 0.2521 acre- feet of water on Cedar Creek, tributary of the Navasota River, tributary of the Brazos River. The reservoir will have a surface area of 0.1889 acres and the dam will be located at Latitude 30.38 degrees N, Longitude 96.1 degrees W in Grimes County. Applicant also seeks authorization to divert not to exceed 430 acre-feet of water per annum at a maximum diversion rate of 750 gallons per minute (1.67 cfs) from the aforementioned on-channel reservoir to an off-channel reservoir located at Latitude 30.36 degrees N, Longitude 96.11 degrees W for subsequent diversion to irrigate 164 acres of land. The off-channel reservoir will impound 7.2 acre-feet of water and will have a surface area of 0.883 acres with a maximum diversion rate of 1,200 gallons per minute (2.67 cfs). Water diverted but not used will be returned to Sandy Creek, tributary of the Brazos River, Brazos River Basin at Latitude 30.36 degrees N, Longitude 96.11 degrees W in Grimes County. The application was received on March 12, 2001. The Executive Director of the TNRCC reviewed the application and declared it to be administratively complete on July 9, 2001. 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, within 30 days of the date of newspaper publication of the notice. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice.

APPLICATION NO. 5755; Robo Investments, P.O. Box 6842, Bryan TX 77805, applicant, seeks a Water Use Permit pursuant to 11.121, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Applicant seeks authorization to construct and maintain an on-channel reservoir and impound therein not to exceed 132.65 acre- feet of contract water on an unnamed tributary of the Brazos River, Brazos River Basin, for recreation use. The reservoir will have a surface area of 14.29 acres and the dam will be located at Latitude 30.5 degrees N, Longitude 96.3 degrees W in Brazos County, approximately 3 miles west from Wellborn. Applicant has entered into a Short-Term Water Supply Agreement with the Brazos River Authority to purchase 200 acre-feet of water for the initial fill of the reservoir. A Limited Term System Water Availability Agreement with the Brazos River Authority, through August 31, 2021, will provide 100 acre-feet of water per annum to meet the maintenance requirements of the reservoir. The water purchased in the two contracts allows applicant to meet all of their water requirements without appropriating any state water. The permit, if issued, will be valid only as long as a water supply agreement is in effect. The application was received on June 21, 2001. Additional information was received on November 19, 2001. 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, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hearing. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice.

APPLICATION NO. 5737; Robert E. Sieker and Sylvia R. Sieker, P.O. Box 655, Kerrville, Texas 78029, seek a Water Use Permit pursuant to 11.121, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Pursuant to an upstream water sales contract with the Guadalupe Blanco River Authority (GBRA), applicants seek authorization to divert and use 1 acre-foot of water per year from the Guadalupe River, Guadalupe River Basin in Kerr County, for irrigation of 1 acre of land in the J.H. Cocke Survey No. 144, Abstract No. 95, Kerr County, Texas. The diversion will be directly from the Guadalupe River at a point located at Latitude 30.047 degrees N and Longitude 99.146 degrees W, also being S 31 degrees E, 100 feet from the north corner of the aforesaid survey. The permit, if issued, will be in effect only as long as a valid water sales contract exists between the applicants and GBRA. The application was received on June 1, 2000. Additional information was received on September 1, 2000. The application was declared administratively complete on April 17, 2001. 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, within 30 days of the date of newspaper publication of the notice. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice.

APPLICATION NO. 5737; Robert E. Sieker and Sylvia R. Sieker, P.O. Box 655, Kerrville, Texas 78029, seek a Water Use Permit pursuant to 11.121, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. Pursuant to an upstream water sales contract with the Guadalupe Blanco River Authority (GBRA), applicants seek authorization to divert and use 1 acre-foot of water per year from the Guadalupe River, Guadalupe River Basin in Kerr County, for irrigation of 1 acre of land in the J.H. Cocke Survey No. 144, Abstract No. 95, Kerr County, Texas. The diversion will be directly from the Guadalupe River at a point located at Latitude 30.047 degrees N and Longitude 99.146 degrees W, also being S 31 degrees E, 100 feet from the north corner of the aforesaid survey. The permit, if issued, will be in effect only as long as a valid water sales contract exists between the applicants and GBRA. The application was received on June 1, 2000. Additional information was received on September 1, 2000. The application was declared administratively complete on April 17, 2001. 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, within 30 days of the date of newspaper publication of the notice. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice.

APPLICATION NO. 5753; Larry Wilson, Steven Wilson, and Scotty Wilson, Route 1, Box 67B, Rising Star, Texas, 76471, applicants, seek a Water Use Permit pursuant to 11.143, Texas Water Code, and Texas Natural Resource Conservation Commission Rules 30 TAC 295.1, et seq. The applicants seek authorization to maintain an existing dam and reservoir located on the Yellow Branch, tributary of the Sabana River, tributary of the Brazos River, Brazos River Basin, in Eastland County, Texas approximately 30 miles southwest of Eastland and 3 miles north of Rising Star, Texas. The centerline of the dam is 900 feet west from the Northeast corner of block 13 located in the aforesaid survey, also being Latitude 32.86 degrees N, Longitude 98.57 degrees W. The reservoir has a capacity of 83.5 acre-feet and a surface area of 12.3 acres and will be kept full with groundwater. The applicants also seek to divert 100 acre-feet of water from the aforesaid reservoir for irrigation of 110 acres of land out of a 349.39 acre-tract located in the James Jett Survey, Abstract 333, Eastland County. The diversion point would be located 900 feet west from the Northeast corner of block 13 located in the aforesaid survey, also being Latitude 32.86 degrees N, Longitude 98.57 degrees W. Applicants have use of 11 groundwater wells with a combined yield of 750 gpm. The application was received on May 22, 2001. The Executive Director reviewed the application and determined it to be administratively complete on October 15, 2001. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below within 30 days of the date of newspaper publication of the notice. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice.

Information Section

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 an application.

The Executive Director can consider approval of an 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;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TNRCC Office of the Chief Clerk at the address provided in the information section below.

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

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

TRD-200200092

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: January 8, 2002


Request for Nominations for Appointment to the Pollution Prevention Advisory Committee (Formerly known as the Waste Reduction Advisory Committee)

The Texas Natural Resource Conservation Commission (commission) is soliciting nominations to fill several positions on the Pollution Prevention Advisory Committee (PPAC) established under Texas Health and Safety Code, §361.0215. Individuals interested in being considered by the commission should submit a letter of interest and resume/biography no later than 5:00 p.m. on February 15, 2002.

The PPAC was formerly known as the Waste Reduction Advisory Committee. The 77th Legislature, 2001 changed the name and duties of the committee in 2001. The legislature directed the committee to continue to advise the commission on matters dealing with pollution prevention and waste minimization programs. Additionally, the legislature directed the committee to advise the commission on the development of a strategically directed regulatory structure as part of the implementation of House Bill 2912, Article 4, Performance-based Regulation.

The PPAC is composed of nine voting members who offer a balanced representation of environmental and public interest groups and the regulated community. The commission also appoints ex officio members to provide participation from local government, small business, nonprofit organizations, industrial sectors, and other representatives working on pollution prevention initiatives. The commission also invites the Chair of the Senate Natural Resources Committee and the House Environmental Regulation Committee to serve as ex officio members.

The PPAC advises the commission on pollution prevention programs to reduce emissions to air, water, and land resources. The committee is responsible for advising the commission on the appropriate organization of state agencies; the financial and technical resources required to aid the state in its efforts to promote waste reduction and minimization; the development of public awareness programs on household hazardous waste programs; and the provision of technical assistance to local governments for development of pollution prevention strategies.

The PPAC operates under the requirements of Texas Administrative Code, Title 30, Part I, Chapter 5, Advisory Committees. The PPAC meets a minimum of four times per year and as needed. Members may not miss three consecutive regularly scheduled meetings or more than half of all the regularly scheduled meetings in a one-year period. The meetings usually last one full day and are held at the commission in Austin, Texas. Members may request travel reimbursement for expenses incurred to attend meetings as authorized by the legislature. The PPAC must report in writing to the commission a minimum of once per year, unless otherwise directed.

The commissioners invite nominations for the following positions. Each nomination should include a brief cover letter and biographical summary which includes the individual's experience and qualifications and an agreement to serve on the committee.

Please submit nomination(s) for the following terms to maintain a balanced representation on the committee:

Two representatives from an environmental or public interest group (four-year terms to expire on August 31, 2005);

Two representatives from the regulated community (four-year terms to expire on August 31, 2005);

One representative from academia (four-year term to expire on August 31, 2005); and

One ex officio position (four-year term to expire on August 31, 2005) from each of the following areas: agriculture, local government, small business, Department of Defense, Clean Texas Team, and labor organizations (total of six ex officio representatives sought).

Written nominations must be received in the Small Business and Environmental Assistance Division Office by 5:00 p.m. on February 15, 2002 . Nominations should be directed to: Ken Zarker, Small Business and Environmental Assistance (MC 112), Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, E-mail to kzarker@tnrcc.state.tx.us or fax to (512) 239-3165. Questions regarding the PPAC can be directed to Mr. Zarker at (512) 239-3145.

TRD-200200080

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 8, 2002


Texas Public Finance Authority

Request for Proposals for Bond Counsel

The Texas Public Finance Authority (the "Authority") is requesting proposals for bond counsel services. The deadline for proposal submission is 5:00 p.m., January 29, 2002.

The Authority's Board of Directors (the "Board") will make its selection based upon demonstrated competence and qualifications. Firms responding to the Request for Proposal must maintain a Texas office staffed with personnel who are responsible for providing bond counsel services to the Authority. All things being equal, the Board will give first consideration to firms headquarted in Texas. By the Request for Proposal, however, the Board has not committed itself to employ bond counsel nor does the suggested scope of service or term of agreement therein require that the bond counsel be employed for any or all of those purposes. The Board reserves the right to make those decisions after receipt of proposals and the Board's decision on these matters is final. The Board reserves the right to negotiate individual elements of the Firm's proposal and to reject any and all proposals.

Copies of the Request for Proposal may be obtained from the Authority's webpage at www.tpfa.state.tx.us or call Paula Hatfield, Texas Public Finance Authority, P.O. Box 12906, Austin, Texas 78711, (512) 463-5544.

TRD-200200104

Kimberly K. Edwards

Executive Director

Texas Public Finance Authority

Filed: January 9, 2002


Request for Proposals for Financial Advisor

The Texas Public Finance Authority (the "Authority") is requesting proposals for financial advisory services. The deadline for proposal submission is 2:00 p.m., January 29, 2002.

The Board will make its selection based upon demonstrated competence, experience, knowledge and qualifications, as well as the reasonableness of the proposed fee for the services to be rendered. All things being equal, the Board will give first consideration to firms whose principal place of business is located in Texas. By the Request for Proposal, however, the Board has not committed itself to employ a financial advisor nor does the suggested scope of service or term of agreement therein require that the financial advisor be employed for any or all of those purposes. The Board reserves the right to make those decisions after receipt of proposals and the Board's decision on these matters is final. The Authority reserves the right to negotiate individual elements of the firm's proposal and to reject any and all proposals.

Copies of the Request for Proposal may be obtained from the Authority's web page at www.tpfa.state.tx.us or by calling Paula Hatfield, Texas Public Finance Authority, P.O. Box 12906, Austin, Texas 78711, (512) 463-5544.

TRD-200200109

Kimberly K. Edwards

Executive Director

Texas Public Finance Authority

Filed: January 9, 2002


Public Utility Commission of Texas

Notice of Application for Amendment to Service Provider Certificate of Operating Authority

On December 27, 2001, Express Telephone Services, 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 60227. Applicant intends to remove the resale-only restriction, and expand its geographic area to include the entire State of Texas.

The Application: Application of Express Telephone Services, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 25221.

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 January 23, 2002. 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 25221.

TRD-200200020

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 3, 2002


Notice of Application for Amendment to Service Provider Certificate of Operating Authority

On December 21, 2001, TechTel Communications 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 60176. Applicant intends to reflect a corporate restructuring.

The Application: Application of TechTel Communications for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 25209.

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 January 23, 2002. 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 25209.

TRD-200200021

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 3, 2002


Notice of Application for Approval of Stipulation Relating to TXU Electric Company Transition to Competition Issues

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on December 31, 2001, for a joint application for approval of stipulation, pursuant to Chapter 39 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Joint Application for Approval of Stipulation Regarding TXU Electric Company Transition to Competition Issues, Docket Number 25230 before the Public Utility Commission of Texas.

TXU Electric Company, Public Utility Commission of Texas Staff, Office of Public Utility Counsel, Cities served by TXU Electric, Texas Industrial Energy Consumers, Texas Retailers Association, and AES New Energy state that the Joint Stipulation addresses many issues in numerous cases, including pending litigation.

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 January 31, 2002. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200200016

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 3, 2002


Notice of Application for Relinquishment of Certificate of Operating Authority and Application for a Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on December 31, 2001, to relinquish a certificate of operating authority (COA) and application 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 Concert Communications Sales, LLC to Relinquish its Certificate of Operating Authority and Application for a Service Provider Certificate of Operating Authority, Docket Number 25232 before the Public Utility Commission of Texas.

Applicant intends to provide T1-Private Line and long distance services.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than January 23, 2002. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200200034

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 4, 2002


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on January 2, 2002, 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 Fair Financial L.L.C., doing business as MidState Telecommunications for a Service Provider Certificate of Operating Authority, Docket Number 25235 before the Public Utility Commission of Texas.

Applicant intends to provide plain old residential telephone service.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than January 23, 2002. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200200035

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 4, 2002


Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on January 7, 2002, 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 Henry Middleton for a Service Provider Certificate of Operating Authority, Docket Number 25254 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service.

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 January 24, 2002. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200200075

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 8, 2002


Notice of Application to Amend Certificate of Convenience and Necessity for a Service Area Boundary Change

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application filed on December 28, 2001, to amend certificated service area boundaries within Williamson County, Texas.

Docket Style and Number: Application of City of Austin Electric Utility Department doing business as Austin Energy to Amend Certificated Service Area Boundaries within Williamson County, Texas. Docket Number 25228.

The Application: Austin Energy (AE) states the minor boundary change is being requested to permit TXU Electric (TXU) to take over provision of electric service for a Verizon cellular telephone tower presently located in AE's singly certificated service area in Williamson County. Including the adjacent facilities that increase the "footprint" of the tower, the tower occupies slightly over 3,800 square feet within AE's present service area. AE states that obtaining a minor boundary amendment would move the cell tower footprint from AE's singly certificated area into TXU's singly certificated area and would allow TXU to serve Verizon directly.

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 or (888) 782-8477. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989.

TRD-200200033

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 3, 2002


Petition of the City of College Station to Initiate an ERCOT-Wide Dispute Resolution Proceeding

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) on December 19, 2001 of the petition of the City of College Station (College Station) to initiate an ERCOT-wide dispute resolution proceeding or, in the alternative, determine reasonable and comparable transmission rates for the Texas Municipal Power Agency (TMPA) and the City of Bryan (Bryan), pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §§35.001, 35.004-35.008 (Vernon 1998 & Supplement 2002) (PURA).

Docket Title and Number: Petition of the City of College Station to Initiate an ERCOT- Wide Dispute Resolution Proceeding or, in the Alternative, Determine Reasonable and Comparable Transmission Rates for the Texas Municipal Power Agency and the City of Bryan, Docket Number 25197.

The following is a summary of the assertions in the petition. College Station operates a municipally-owned electric distribution system and a relatively small amount of transmission plant. College Station owns no electric generation facilities and must purchase 100% of its load requirements from other entities. College Station's electric system is directly connected only to Bryan's electric system. In order to import power, College Station must purchase power from Bryan or wheel purchased power over Bryan's transmission facilities.

TMPA is a generation and transmission utility that owns and operates the Gibbons Creek Steam Electric Station and a system of high voltage electric transmission lines. TMPA was created by the Cities of Bryan, Denton, Garland, and Greenville, Texas (collectively, Member Cities) and sells power exclusively to the Member Cities.

From January 1, 1992 through December 31, 1995, College Station purchased power through a contract with the Member Cities. In the latter part of 1994, College Station requested proposals for a new power supply to begin on January 1, 1996. Several bidders submitted proposals, including Bryan, individually, the Member Cities, jointly, and Texas Utilities Electric Company (TU Electric). College Station awarded the contract to TU Electric. TU Electric is not directly interconnected to College Station; therefore, the contract path for purchased power, is assumed to travel from TU Electric's transmission facilities over TMPA's and Bryan's transmission lines. College Station has been unable to reach agreements with TMPA and Bryan regarding transmission rates, terms, and conditions.

As a result of actions by the Federal Energy Regulatory Commission (FERC) in City of College Station , Docket No. TX96-2-000, 86 FERC paragraph 61,165 (1999) and the commission in Inquiry of the Public Utility Commission of Texas Under Section 2.056 of PURA Relating to Transmission Service Provided by the Texas Municipal Power Agency and the City of Bryan to the City of College Station, Docket No. 15296, Third Order on Rehearing (March 31, 1997), College Station states that the actual time period covered by this petition begins on January 1, 1997 and may extend to December 31, 1999 depending on the effect of Senate Bill 7 (SB 7), 76th Legislature, which went into effect on September 1, 1999. If the commission determines that the effective date of SB 7 vested the requisite jurisdiction with the commission to support the existing transmission rates in application on September 1, 1999, the period would end August 31, 1999. If the commission determines that the relevant date is the January 1, 2000 effective date of the transmission rates established by the commission after the effective date of SB 7, the period extends through December 31, 1999. As a result, College Station requests that the commission initiate a dispute resolution process to resolve disputes for the historical period, or in the alternative establish reasonable and comparable transmission rates for TMPA and Bryan.

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 February 7, 2002. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200200026

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 3, 2002


Public Notice of Amendment to Interconnection Agreement

On December 28, 2001, Southwestern Bell Telephone Company and The Frederick Company, 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 2002) (PURA). The joint application has been designated Docket Number 25229. 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 25229. 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 January 30, 2002, 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 25229.

TRD-200200017

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 3, 2002


Public Notice of Interconnection Agreement

On January 4, 2002, United Telephone Company of Texas, Inc., doing business as Sprint, Central Telephone Company of Texas doing business as Sprint (collectively, Sprint), and Ciera Network Systems, Inc., 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 2002) (PURA). The joint application has been designated Docket Number 25244. 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 25244. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 4, 2002, 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 25244.

TRD-200200067

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 7, 2002


Public Notice of Interconnection Agreement

On January 4, 2002, United Telephone Company of Texas, Inc., doing business as Sprint, Central Telephone Company of Texas doing business as Sprint (collectively, Sprint), and Max- Tel Communications, Inc., 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 2002) (PURA). The joint application has been designated Docket Number 25245. 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 25245. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 4, 2002, 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 25245.

TRD-200200068

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 7, 2002


Public Notice of Workshop Regarding ADAD Rulemaking

On January 29, 2002, the Public Utility Commission of Texas (commission) will host a workshop in Project Number 23528, Rulemaking to Amend Substantive Rule §26.125 and Revise Associated Forms . The workshop will provide interested persons an opportunity to comment on the first draft to amend Substantive Rule §26.125, relating to Automatic Dial Announcing Devices (ADAD) and the ADAD form. On or before January 18, 2002, commission staff will file a draft rule and form for the workshop that will be available in Central Records and on the commission's website under Project Number 23528. Copies will also be available at the workshop. Staff's draft rule and form will assist in structuring the workshop. Participants should be prepared to discuss the posted draft rule and form at the workshop and are encouraged to offer changes or additions for staff consideration.

The workshop will begin at 9:00 a.m. on Tuesday, January 29, 2002, in Hearing Room Gee, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701.

An agenda will be distributed at the workshop. Questions concerning the workshop or this notice should be referred to Betsy Tyson, Telecommunications Division at (512) 936-7323 or betsy.tyson@puc.state.tx.us. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200200085

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 8, 2002


Sam Houston State University

Consultant Contract Award

Sam Houston State University (SHSU), in accordance with provisions of Government Code, Section 2254.030, announces the awarding of a consultant contract to a consulting firm based in Washington, D.C. The solicitation for proposals was published in the November 16, 2001 issue of the Texas Register (26 TexReg 9457-9458).

The consultant will represent and assist the university in developing projects deemed important to the university, assist the university in obtaining funding for university projects, and provide consulting and representation as directed by Sam Houston State University.

One proposal was received in response to this solicitation for proposals. The proposal was from Mr. Bobby Mills/The Advocacy Group, 1350 I Street, NW, Suite #680, Washington, D.C. 20005.

The consultant awarded the contract was: Mr. Bobby Mills/The Advocacy Group, 1350 I Street NW, Suite #680, Washington, D.C. 20005.

The consultant contract begins January 1, 2002 and ends December 31, 2002 with the option to renew. The fee estimate is $52,800, excluding expenses.

Reports and documents will be submitted as required.

TRD-200200027

Dr. James F. Gaertner

President

Sam Houston State University

Filed: January 3, 2002


Texas Department of Transportation

Public Notice - 2002 Program Call Border Colonia Access Program

In accordance with 43 TAC §15.103, the Texas Department of Transportation issues this 2002 Program Call for proposed projects to be considered for funding under the department's Border Colonia Access Program.

Government Code, Chapter 1403, requires the Texas Public Finance Authority, in accordance with requests from the Office of the Governor, to issue general obligation bonds and notes in an aggregate amount not to exceed $175 million, and as directed by the department, distribute the proceeds to counties to provide financial assistance for colonia access roadway projects to serve border colonias. The legislation requires the Texas Transportation Commission (commission) to establish a program to administer the use of the proceeds of the bonds and notes. Rider 52 to the department's appropriations for Fiscal Years 2002-2003 requires the department to establish a transportation program to improve access to colonias.

The commission established the Border Colonia Access Program in 43 TAC §§15.100-15.106. Eligible project costs under the program are defined as the cost of constructing, administering, or providing drainage for a project or acquiring materials used in maintaining a project. Eligible project costs include the cost of:

(1) paving unpaved colonia roads;

(2) repaving or repairing paved colonia roads;

(3) acquiring materials for maintaining colonia roads; and

(4) providing drainage for a colonia road.

For a project to be eligible for consideration for the program, it must be located in an eligible county, defined as a county located in the El Paso, Laredo, or Pharr department districts, and Terrell County, that has adopted the model rules promulgated by the Texas Water Development Board under Water Code, §16.343.

To be considered for funding under the program, an eligible county must submit an application, in the form prescribed by the department, to the district engineer of the district office responsible for the area in which the proposed project will be implemented. The address and telephone number of the district offices may be obtained by contacting the Transportation Planning and Programming Division at (512) 486-5038. The department must receive completed applications no later than 5:00 p.m., February 15, 2002.

Applications and information regarding the program are available from the department's El Paso, Odessa, Laredo or Pharr district offices or by writing the Transportation Planning and Programming Division, 125 East 11th Street, Austin, Texas 78701-2483.

TRD-200200098

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 9, 2002


Request for Proposal--Aviation

The listed Airport Sponsor, through it's agent, the Texas Department of Transportation (TxDOT), intends to engage Aviation Professional Consulting Firms for services pursuant to Chapter 2254, Subchapter A, of the Government Code. TxDOT Aviation Division will solicit and receive proposals for professional services as described in the project scope for the listed project:

Airport Sponsor: City of Nacogdoches, Al Mangham, Jr. Regional Airport. TxDOT CSJ Number: 0211NACOG. Project Scope: Update an Airport Layout Plan and Terminal Area Plan. DBE Goal: 0%. Project Manager; Keith Snodgrass. Number of copies to submit: Five copies.

The Proposal shall include:

1. Firm name, address, phone number and name of person to contact regarding the proposal.

2. Proposed project management structure including key personnel and subconsultants (if any).

3. Qualifications and recent, relevant experience (past five years) of the firm, key personnel and subconsultants relative to the performance of recent, relevant similar services for aviation planning projects.

4. Proposed project schedule, including major tasks and target completion dates.

5. Technical approach--a detailed discussion of the tasks or steps to accomplish the project.

6. List of in-state references including the name, address and phone number of the person most closely associated with the firm's prior performance of similar airport planning projects.

7. Statement regarding an Affirmative Action Program.

8. Proposed Historically Underutilized Business (HUB) or Disadvantaged Business Enterprise (DBE) participation for each project above if appropriate.

Proposal Submission:

Those interested consultants should submit the specified number of copies of brief proposals for each project consisting of the minimum number of pages sufficient to provide the above information for each project. Proposals must be postmarked by U. S. Mail by midnight February 8, 2002. Mailing address: TxDOT, Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. on February 11, 2002; overnight address: TxDOT, Aviation Division, 200 East Riverside Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m. February 11, 2002; hand delivery address: 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704.

The airport sponsor's duly appointed committee will review all proposals and may select three to five firms for interviews. The final consultant selection by the sponsor's committee will be made following the completion of the review of proposals and/or interviews.

The airport sponsor reserves the right to reject any or all proposals, and to re-open the consultant selection process.

If there are any questions, please contact Linda Howard, Director, Planning and Programming or the designated project manager at the Aviation Division, Texas Department of Transportation, (512) 416-4500 or 1-800-68-PILOT.

TRD-200200103

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 9, 2002


The University of Texas System

Notice of Intent to Seek Consulting Services for Feasibility Study

The University of Texas System will be seeking competitive sealed proposals to hire a consultant to advise the U.T. System Board of Regents on the feasibility and potential benefits of operating The University of Texas at San Antonio and The University of Texas Health Science Center at San Antonio as a single research university.

The award for the services will be made by a review of competitive sealed proposals that will result in the best value to the University.

Parties interested in a copy of the Request for Proposal should contact:

Jessica Moore

Business and Administrative Services

The University of Texas System

201 West 7th St. Mail Code 1400

Austin, Texas 78701

Voice: (512) 499-4569

Fax: (512) 494-3537

E-mail: jmoore@utsystem.edu

The proposal submission deadline will be February 4, 2002 at 3:00 p.m. Central Time.

TRD-200200101

Francie Frederick

Counsel and Secretary to the Board of Regents

The University of Texas System

Filed: January 9, 2002