The Texas Education Agency (TEA) published Request for Applications (RFA) #701-02-020 concerning the Even Start Family Literacy Program, School Year 2002-2003, in the June 14, 2002, issue of the Texas Register (27 TexReg 5279).

The Dates of Project paragraph in the Texas Register notice should read, "The Even Start Family Literacy program will be implemented during the 2002-2003 school year. Applicants should plan for a starting date of no earlier than November 1, 2002, and an ending date of no later than October 31, 2003." This correction reflects a change from the starting date of September 1, 2002, and the ending date of August 31, 2003, originally published in the notice.

The Deadline for Receipt of Applications paragraph in the Texas Register notice should read, "Applications must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Thursday, August 22, 2002, to be considered for funding." This correction reflects a change from the application deadline of July 18, 2002, originally published in the notice.

Further Information. For clarifying information about the RFA, contact Nona Kean, Division of Adult and Community Education, TEA, (512) 463-9294.

TRD-200204218

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Filed: July 3, 2002

Eligible Providers. The Texas Education Agency (TEA) is requesting applications from any non-profit entity, for-profit entity, or local education agency (LEA) that: (1) has a demonstrated record of effectiveness in increasing student academic achievement; (2) is capable of providing supplemental educational services that are consistent with the instructional program of the LEA and the Texas Essential Knowledge and Skills (TEKS); and (3) is financially sound.

Description. The Elementary and Secondary Education Act of 1965, as reauthorized by the No Child Left Behind Act of 2001, Title I, Part A, Subpart 1, §1116(e), requires the state to develop and maintain a list of approved providers of supplemental educational services. This application is to be submitted by service providers seeking to be included on the state’s Approved Provider List. Parents of eligible students attending a Title I, Part A, campus that has been identified for School Improvement for two or more years may choose a provider from this list. The LEA will contract with the provider that is selected by the parent to provide supplemental educational services to the student. There are no funds directly available through this application, but the provider must be on the approved list in order to be selected by parents to provide these supplemental services.

Students who are eligible for supplemental educational services under School Improvement are children from low-income families, as determined by the LEA for purposes of making Title I, Part A, campus allocations. The term "supplemental educational services" means tutoring and other supplemental academic enrichment services that are: (1) in addition to instruction provided during the school day; and (2) are of high quality, research-based, and specifically designed to increase the academic achievement of eligible children on the state’s academic assessments and attain proficiency in meeting the state’s academic achievement standards. In the case where an approved provider is selected by a parent, the LEA shall enter into an agreement with the provider. This agreement shall: (1) require the LEA to develop, in consultation with parents (and the provider chosen by the parents), a statement of specific achievement goals for the student, how the student’s progress will be measured, and a timetable for improving achievement that, in the case of a student with disabilities, is consistent with the student’s individualized education program under the Individuals with Disabilities Education Act, §614(d); (2) describe how the student’s parents and the student’s teacher or teachers will be regularly informed of the student’s progress; (3) provide for the termination of such agreement if the provider is unable to meet such goals and timetables; (4) contain provisions with respect to the making of payments to the provider by the LEA; and (5) prohibit the provider from disclosing to the public the identity of any student eligible for, or receiving, supplemental educational services without the written permission of the parents of such student.

In order for a provider to be included on the approved list, the provider shall agree to carry out the following: (1) provide parents of children receiving supplemental educational services and the appropriate LEA with information on the progress of the children in increasing achievement, in a format and to the extent practicable, a language that such parents can understand; (2) ensure that instruction provided and content used by the provider are consistent with the instruction provided and content used by the LEA and state and are aligned with state student academic achievement standards; (3) meet all applicable federal, state, and local health, safety, and civil rights laws; (4) ensure that all instruction and content are secular, neutral, and non-ideological; and (5) comply with the Family Educational Rights and Privacy Act (FERPA) of 1975, as amended, which ensures access to educational records for students and parents while protecting the privacy of such records and any regulations issued thereunder, including Privacy Rights of Parents and Students (34 CFR Part 99), if the contractor is an educational institution.

Dates of Supplemental Services. The supplemental education services will begin during the 2002-2003 school year. Approved providers should plan for the provision of services September 1, 2002, through June 30, 2003. Approved providers will be required to renew their applications annually.

Project Amount. There are no funds directly available through this application for service providers. If an approved provider is selected by the parent of an eligible child, the appropriate LEA will contract directly with the provider for the supplemental educational services. The amount that an LEA shall make available for supplemental educational services for each child receiving those services under School Improvement shall be the lesser of: (1) the amount of the agency’s Title I, Part A, allocation divided by the number of children from families below the poverty level (1997 Census update); or (2) the actual costs of the supplemental educational services received by the child. Unless a lesser amount is needed to comply with transportation requirements related to school choice and to satisfy all requests for supplemental educational services under School Improvement, an LEA shall spend an amount equal to 20% of its Title I, Part A, allocation, from which the LEA shall spend: (1) an amount equal to 5% of its allocation to provide or pay for transportation costs related to school choice; (2) an amount equal to 5% of its allocation to provide supplemental educational services under School Improvement; and (3) an amount equal to the remaining 10% of its allocation for transportation costs related to school choice, supplemental educational services under School Improvement, or both, as the LEA determines. If the amount of funds available is insufficient to provide supplemental educational services to each child whose parents request the services, the LEA shall give priority to providing the services to the lowest-achieving children.

Selection Criteria. Applications submitted by eligible providers will be selected based on the ability of each provider to carry out all requirements contained in the application and on the demonstrated competence and qualifications of the provider. TEA reserves the right to select from the highest-ranking applications those that address all of the application requirements and that are most advantageous to the project.

TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this notice. This application notice does not commit TEA to pay any costs. The issuance of this application notice does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Requesting the Provider Application. A complete copy of this application is available on the TEA website at http://www.tea.state.tx.us/nclb/.

Further Information. For clarifying information about this application, contact Ms. Barbara DeHart, Division of Student Support Programs, TEA, (512) 463-9374.

Deadline for Receipt of Provider Applications. Applications must be received at the following address no later than Thursday, August 15, 2002, to be considered for inclusion on the initial Approved Provider list: Ms. Barbara DeHart, Division of Student Support Programs, Texas Education Agency, 1701 N. Congress Avenue, Austin, Texas 78701-1494. Applications received after that date will be considered within six months of receipt, and any additional approved providers will be added to future updates of the state’s list.

TRD-200204217

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Filed: July 3, 2002

A meeting of the Budget Committee of the Texas Board of Health will be held on Thursday, July 18, 2002, from 1:00 p.m. until 5:00 p.m., in Room 607 of the Tower Building, Texas Department of Health, 1100 West 49th Street, Austin, Texas. Proposed requests for appropriations over current spending (exceptional items) for the FY 2004-2005 biennium will be discussed, with time allocated for public testimony.

Additional information may be obtained from Machelle Pharr, Chief Financial Officer, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199, telephone (512) 458-7640.

TRD-200204222

Susan Steeg

General Counsel

Texas Department of Health

Filed: July 3, 2002

PURPOSE : The Emergency Medical Services (EMS) Regional Emergency Medical Dispatch (EMD) Resource Center Pilot Project was established for the purpose of delivering emergency medical pre-arrival instruction service for callers in underserved rural areas of Texas, where the local Public Safety Answering Points (PSAP) are unable to provide such service, by contracting with an existing emergency medical service-dispatching center to provide such instruction service. This program is administered by the Bureau of Emergency Management of the Texas Department of Health (department). The program provides reimbursement for approved cost incurred for a specific project completed during a specified contract period, October 1, 2002 through June 30, 2003.

DESCRIPTION : The department is seeking proposals for an existing emergency medical service-dispatching center to provide pre-arrival medical instruction service to emergency callers in outlying rural areas in which the local PSAP is unable to provide such service.

ELIGIBLE APPLICANTS : Proposals will be accepted from qualified agencies, organizations, corporations, municipal and other political subdivisions which are currently involved in the provision of emergency pre-arrival medical instruction in accordance with 25 Texas Administrative Code, §157.49 and which has the capacity and capability to deliver such service to an additional twenty callers per day. Entities must be operating in accordance with nationally recognized EMD standards and in good standing with no past or pending administrative actions by the department or any other regulatory agency.

Failure to comply with these requirements of the contract constitutes grounds for revocation of any award as part of the EMS Regional EMD Resource Center Pilot Project.

DEADLINE : The deadline for submitting the application, required forms and copies will be midnight August 2, 2002. Only those applications and copies that are received or postmarked on or before August 2, 2002, will be reviewed, regardless of the circumstances. Applications may be submitted to Kathy Perkins, Bureau Chief, Bureau of Emergency Management, Texas Department of Health, 1100 West 49th Street, Austin, Texas, 78756. If delivered by hand, the proposal must be taken to the Exchange Building, Bureau of Emergency Management, 8407 Wall Street, Suite N402, Austin, Texas, no later than 5:00 p.m., Central Daylight Saving Time, of the specified deadline.

EVALUATION AND SELECTION : Proposals will be reviewed and evaluated based on information provided by the applicant. Eligibility criteria includes: an evaluation of all information in the application; consideration of the applicant's experience in emergency medical dispatching; the applicant's numerical application score; and references.

Proposals will be reviewed to ensure all budget items requested are applicable and appropriate and that implementation of the proposed project is possible. The commissioner of health or the commissioner's appointed agent will give final approval of the entity chosen.

CONTACT : Information concerning the Request for Proposals (RFP) may be obtained from Kathy Perkins, Bureau Chief, Bureau of Emergency Management, Texas Department of Health, 1100 West 49th Street, Austin, Texas, 78756, telephone (512) 834-6700, fax (512) 834-6736, or email (Kathy.Perkins@tdh.state.tx.us).

TRD-200204168

Susan Steeg

General Counsel

Texas Department of Health

Filed: July 2, 2002

The purpose of this notice is to request recommendations for the limited purpose of changing the private passenger automobile benchmark rates for physical damage stated amount coverage. Please note that this will not be a full rate case. A notice requesting recommendations for changes, if any, to all private passenger automobile benchmark rates will be issued after the necessary and appropriate data is available for distribution.

HB 2102, enacted by the 77th Texas Legislature, amended Texas Insurance Code Article 5.101 to provide that the automobile and residential property benchmark rates are to be determined in a rulemaking proceeding before the commissioner rather than as a contested case. HB 2102 also provides that the Commissioner shall request recommendations for changes in the specific benchmark rates to be considered in the rulemaking proceeding from insurers, trade associations, the public insurance counsel, and any other interested party prior to conducting a hearing.

In order to begin the process to change the benchmark rates for private passenger automobile insurance rates for physical damage stated amount coverage, the commissioner hereby requests the submission of recommendations to be considered by the department in developing a petition to amend the existing benchmark rates for this stated amount coverage.

All recommendations for changes in the rates must be submitted in duplicate to the Chief Clerk, Mail Code 113-1C, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104, no later than 5:00 p.m. July 19, 2002 to be considered timely submitted. Recommendations must be accompanied by documentation and detailed supporting actuarial analysis. The Department shall consider all timely filed and complete recommendations in developing a petition to change the existing benchmark rates for the limited purpose stated herein.

The Department shall publish its petition for a rule to change the existing stated amount benchmark rates and a notice setting the hearing on the petition in the Texas Register and on the department's internet site. Comments on the petition may be submitted to the Chief Clerk of the Department as indicated in the notice. At the hearing the commissioner shall consider all comments. Any interested person or entity that submitted a recommendation or supporting actuarial analysis may ask relevant questions of any other speaker at the hearing. The Commissioner and his staff may ask questions of any interested parties as well as any other speaker at the hearing.

Interested persons and entities may address any questions about this request for recommendations to Phil Presley, Chief P&C Actuary, at (512) 475-3017 or e-mail at philip.presley@tdi.state.tx.us.

TRD-200204216

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: July 3, 2002

1.0 Name and Style of Game.

A. The name of Instant Game No. 300 is "BARREL OF BUGS". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 300 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 300.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, $1.00, $2.00, $3.00, $4.00, $5.00, $6.00, $12.00, $20.00, $50.00, $100, $500, and $1,000.

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

[Figure 1: GAME NO. 300 - 1.2D]

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

[Figure 2:16 GAME NO. 300 - 1.2E]

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be : 0000000000000.

G. Low-Tier Prize - A prize of $1.00, $2.00, $3.00, $6.00, $12.00, $20.00.

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

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

J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (300), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 300-0000001-000.

L. Pack - A pack of "BARREL OF BUGS" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 000-004 will be on the first page, tickets 005-009 will be on the next page and so forth with tickets 245-249 on the last page. Tickets 000 and 249 will be folded down to expose the pack-ticket number through the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BARREL OF BUGS" Instant Game No. 300 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "BARREL OF BUGS" Instant Game is determined once the latex on the ticket is scratched off to expose 13 (thirteen) play symbols. If the player matches any of YOUR NUMBERS to the LUCKY NUMBER, the player will win the prize shown for that number. If the player gets a barrel symbol, the player will win the prize shown automatically. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 13 (thirteen) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

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

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

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

16. Each of the 13 (thirteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 13 (thirteen) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. There will be no correlation between the Your Numbers play symbols and the prize symbols.

C. No duplicate non-winning Your Number play symbols on a ticket.

D. No duplicate non-winning prize symbols on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "BARREL OF BUGS" Instant Game prize : $1.00, $2.00, $3.00, $6.00, $12.00, $20.00, $50.00, $100, or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100, or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 12,082,000 tickets in the Instant Game No. 300. The approximate number and value of prizes in the game are as follows:

[Figure 3:16 GAME NO. 300- 4.0]

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 300 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 300, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200204148

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: July 1, 2002

1.0 Name and Style of Game.

A. The name of Instant Game No. 302 is "GRAND SLAM". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 302 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 302.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100, $1,000, $3,000, GROUND OUT, STRIKE OUT, FLY OUT, and HOME RUN.

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

[Figure 1: GAME NO. 302 - 1.2D]

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

[Figure 2: GAME NO. 302 - 1.2E]

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be : 0000000000000.

G. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $5.00, $10.00, $15.00.

H. Mid-Tier Prize - A prize of $25.00, $50.00, or $100.

I. High-Tier Prize - A prize of $3,000.

J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (302), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 249 within each pack. The format will be: 302-0000001-000.

L. Pack - A pack of "GRAND SLAM" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 000-004 will be on the first page, tickets 005-009 will be on the next page and so forth with tickets 245-249 on the last page. Tickets 000 and 249 will be folded down to expose the pack-ticket number through the shrink-wrap.

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

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "GRAND SLAM" Instant Game No. 302 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "GRAND SLAM" Instant Game is determined once the latex on the ticket is scratched off to expose 13 (thirteen) play symbols. If the player's YOUR SCORE beats THEIR SCORE within a game, the player will win the prize for that game. If the player gets a Home Run in the Grand Slam spot the player will automatically win all four prizes. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 13 (thirteen) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

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

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

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

16. Each of the 13 (thirteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 13 (thirteen) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate Yours play symbols on a ticket.

C. No duplicate non-winning prize symbols on a ticket.

D. No ties between Yours and Theirs in a game.

E. The "HOME RUN" symbol will only appear on intended winners ad dictated by the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "GRAND SLAM" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, $25.00, $50.00, or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00 or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "GRAND SLAM" Instant Game prize of $3,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 10,129,250 tickets in the Instant Game No. 302. The approximate number and value of prizes in the game are as follows:

[Figure 3: GAME NO. 302- 4.0]

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 302 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 302, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200204147

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: July 1, 2002

For the Period of June 26, 2002

APPLICATION The Panama Road Landfill, TX, L.P., 801 East College Street, Lewisville, Texas 75057, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a permit to authorize a Type I municipal solid waste landfill facility that will dispose of municipal solid waste, construction-demolition waste, certain special wastes, and Class 2 & 3 nonhazardous industrial waste. The applicant has requested a separate determination of the land use compatibility of the proposed site. The landfill facility is proposed to be located on a 250.0 acre site approximately 4.5 miles east of Gordon and approximately 4.0 miles southwest of the Santo community on the north side of Interstate Highway 20 in Palo Pinto County, Texas.

TNRCC executive director has completed the technical review of the land-use compatibility portion of the permit application and has made a preliminary decision that the proposed location is compatible with surrounding land uses. The Executive Director will consider the other technical matters concerning the permit application at another time. The land-use compatibility portion of the permit application and the executive director's preliminary decision are available for viewing and copying at the Palo Pinto County Courthouse, 520 Oak Street, Palo Pinto, Texas 76484, telephone (940) 659-1210; and the Gordon City Hall, 105 Main Street, Gordon, Texas 76453, telephone (254) 693-5676.

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

PUBLIC COMMENT / PUBLIC MEETING. The TNRCC held a public meeting at 7:00 pm on March 7, 2002, at the Gordon Community Center, Gordon, Texas; and a second public meeting at 7:00 pm on April 25, 2002, at the Santo Independent School District Elementary Building Cafetorium, Santo, Texas. You may submit additional public comments or request another public meeting about this land-use only compatibility application. The purpose of a public meeting is to provide the opportunity to submit comment or to ask questions about the application. The TNRCC will hold a public meeting if the executive director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.

You may submit additional written public comment to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087 within 30 days from the date of newspaper publication of this notice.

OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public comments, the executive director will consider the comments and prepare a response to all relevant and material or significant public comments. The response to comments, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments or who requested to be on a mailing list for this application. If comments are received, the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the executive director's decision. A contested case hearing is a legal proceeding similar to a civil trial in a state district court.

A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised during the public comment period and not withdrawn. Issues that are not raised in public comments may not be considered during a hearing.

EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval of the land-use compatibility portion of the application unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the executive director will not issue final approval and will forward the application and requests to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

INFORMATION. If you need more information about this permit application or the permitting process, please call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TNRCC can be found at our web site at www.tnrcc.state.tx.us.

Further information may also be obtained from Mr. Matt Henry, Panama Road Landfill, TX, L.P., at the address stated above or by calling Mr. Henry at (972) 436-4217.

TRD-200204208

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 2, 2002

For the Period of June 27, 2002

APPLICATION The Dow Chemical Company (Texas Operations), 2301 North Brazosport Blvd., Freeport, Brazoria County, Texas 77541-3257, has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a Class 3 compliance plan modification to establish Facility Operations Areas (FOAs) for Plants A and B, to incorporate post-closure and corrective action activities for the B-47 Waste Management Area, to establish compliance monitoring activities at the Slaughter Road Area and at the OC 80-4 Landfill at the Oyster Creek Site, and authorize Alternate Concentration Limits for the Ground Water Protection Standards. This application was submitted to the TNRCC on May 22, 2000.

The TNRCC executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) in accordance with the regulations of the Coastal Coordination Council and has determined that the action is consistent with the applicable CMP goals and policies.

The TNRCC executive director has completed the technical review of the application and prepared a draft compliance plan. The draft compliance plan, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision that this compliance plan, if issued, meet all statutory and regulatory requirements. The compliance plan application, executive director's preliminary decision, and draft compliance plan are available for viewing and copying at the Freeport Public Library, 410 Brazosport Blvd., Freeport, Texas 77541.

PUBLIC COMMENT / PUBLIC MEETING. : You may submit public comments or request a public meeting about this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. Generally, the TNRCC will hold a public meeting if the executive director determines that there is a significant degree of public interest in the application, if requested in writing by an affected person, or if requested by a local legislator. A public meeting is not a contested case hearing.

Written public comments and requests for a public meeting must be submitted to the Office of the Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX 78711-3087 within 45 days from the date of newspaper publication of this notice.

OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for public comments, the executive director will consider the comments and prepare a response to all relevant and material or significant public comments. The response to comments, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments or requested to be on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the executive director's decision. A contested case hearing is a legal proceeding similar to a civil trial in a state district court.

A contested case hearing will only be granted based on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised during the public comment period and not withdrawn. Issues that are not raised in public comments may not be considered during a hearing.

EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval of the application unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the executive director will not issue final approval of the compliance plan and will forward the application and requests to the TNRCC Commissioners for their consideration at a scheduled Commission meeting.

MAILING LIST. In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices mailed by the Office of the Chief Clerk. You may request to be added to: (1) the mailing list for this specific application; (2) the permanent mailing list for a specific applicant name and permit number; and/or (3) the permanent mailing list for a specific county. Clearly specify which mailing list(s) to which you wish to be added and send your request to the TNRCC Office of the Chief Clerk at the address below. Unless you otherwise specify, you will be included only on the mailing list for this specific application.

INFORMATION. If you need more information about this permit application or the permitting process, please call the TNRCC Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TNRCC can be found at our web site at www.tnrcc.state.tx.us. The permittee's compliance history during the life of the permit being modified is available from the Office of Public Assistance.

Further information may also be obtained from Dow Chemical Company at the address stated above or by calling Mr. David Plunkett at (979) 238-5324.

TRD-200204210

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 2, 2002

Notices mailed during the period June 25, through July 2, 2002.

TNRCC Internal Control No. 01152002-D07 Memorial Point Municipal Utility District of Polk County has applied to the Texas Natural Resource Conservation Commission (TNRCC) for authority to adopt and impose an annual uniform operations and maintenance standby fee of $118 per equivalent single family connection (ESFC) for calendar years 2002-2004, on unimproved property within the District. The application was filed pursuant to Chapter 49 of the Texas Water Code, 30 Texas Administrative Code Chapter 293, and under the procedural rules of the TNRCC. The Commission may approve the annual standby fees as requested, or it may approve a lower annual standby fee, but it shall not approve an annual standby fee greater than the amount requested. The standby fee is a personal obligation of the person owning the undeveloped property on January 1 of the year for which the fee is assessed. A person is not relieved of his pro-rated share of the standby fee obligation on transfer of title to the property. On January 1 of each year, a lien is attached to the undeveloped property to secure payment of any standby fee imposed and the interest or penalty, if any, on the fee. The lien has the same priority as a lien for taxes of the District. The purpose of standby fees is to distribute a fair portion of the cost burden for operations and maintenance costs of the District facilities to owners of property who have not constructed vertical improvements but have water, wastewater or drainage facilities or services available. Any revenues collected from the operations and maintenance standby fees shall be used to supplement the District's operations and maintenance account. The territory upon which fees will be imposed along with a vicinity map is designated as Exhibit "A" which is attached to this document. The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days after the newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice.

TNRCC Internal Control No. 01182002-D06 Midway Spring Trails, LP., (Petitioner) filed a petition for creation of Montgomery County Municipal Utility District Number 94 with the Texas Natural Resource Conservation Commission (TNRCC). The petition was filed pursuant to Article XVI, Section 59 of the Texas Constitution; 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) there are two lien holders on the property to be included in the proposed district; (3) the proposed District will contain approximately 641.99 acres located within Montgomery County, Texas; and (4) the proposed District is in the extraterritorial jurisdiction of the city of Houston, Texas. The territory to be included in the proposed District is set forth in a metes and bounds description designated as Exhibit "A" and is depicted in the vicinity map designated as Exhibit "B," both of which are attached to this document. The petition further states that the proposed District will (1) construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the petition; and (4) purchase, construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises as needed consistent with the purposes for which the District is created. The petition states that the improvements are necessary because there is not an adequate waterworks system, sanitary sewer system, drainage system or storm sewer system within the area to be included in the district to serve the future residential and commercial developments there. The petitioners estimate the cost of the project to be approximately $36,240,000. 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.

TNRCC Internal Control No. 01302002-D07 Cross Oak Ranch, LTD., (Petitioner) filed a petition for creation of Oak Point Municipal Utility District No. 1 (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 petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) the proposed District will contain approximately 231.868 acres located within Denton County, Texas; and (3) the proposed District is within the extraterritorial jurisdiction of the City of Oak Point, Texas. By Resolution No. 2001-11, the City of Oak Point, Texas, effective September 17, 2001, passed, approved and gave its consent to create District, and has given its authorization to initiate proceedings to create such political subdivision within its extraterritorial jurisdiction. The territory to be included in the proposed District is set forth in a metes and bounds description designated as Exhibit "A" and is depicted in the vicinity map designated as Exhibit "B", both of which are attached to this document. The petition further states that the proposed District will (1) construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential, industrial and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in the engineer's report filed in connection with the petition. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioner, from the information available at this time, that the cost of said project will be approximately $7,860,000. 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.

TNRCC Control No. 04242002-D03 PETITION. Mar-Top Ranch, Ltd., (Petitioner) filed a petition for creation of Cross Roads Municipal Utility District Number 1 (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 Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) the proposed District will contain approximately 262.530 acres located within Denton County, Texas; and (3) the proposed District is within the extraterritorial jurisdiction of the City of Cross Roads, Texas, and is not within such jurisdiction of any other city. There are no lienholders on the property to be included in the proposed District. The City of Cross Roads ("City") has declined to grant its consent to inclusion in the proposed District of land within the City's extraterritorial jurisdiction ("ETJ land") by resolution or ordinance, in accordance with Texas Local Government Code 42.042, and Texas Water Code 54.016. However, Petitioner is currently petitioning the City to make available to the ETJ land the water and sanitary sewer service contemplated to be provided by the proposed District. Failure of the City and Petitioner to execute a mutually agreeable contract providing for the water and sanitary sewer service requested within 120 days after the City's receipt of the petition shall constitute authorization for the inclusion of the ETJ land in the proposed District according to the provisions of Texas Local Government Code 42.042, and Texas Water Code 54.016. The territory to be included in the proposed District is set forth in a metes and bounds description designated as Exhibit "A" and is depicted in the vicinity map designated as Exhibit "B", both of which are attached to this document. The petition further states that the proposed District will (1) construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of waters, as more particularly described in an engineer's report filed simultaneously with the filing of the petition. 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 $14,620,000. 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 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-200204207

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 2, 2002

The executive director (ED) of the Texas Natural Resource Conservation Commission (TNRCC or commission) is issuing this public notice of intent to take no further action at the Stoller Chemical Company State Superfund site (the site) and to delete the site from its proposed-for-listing status on the state registry. The state registry is 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 ED 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 Plainview Daily Herald on July 12, 2002.

The site was proposed for listing on the state registry in the July 14, 2000 edition of the Texas Register (25 Tex Reg 6851). The site, including all land, structures, appurtenances, and other improvements is located at 5200 North Columbia Street, Plainview, Hale County, Texas. The site also included any areas where hazardous substances had come to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.

The Stoller Chemical facility has been inactive since March 1992 when it filed for Chapter 7 bankruptcy. The facility formerly mixed micro-nutrients for agricultural production. The facility was also illegally used as a container storage area. The facility covers approximately 4.99 acres and includes a warehouse and a fenced storage area and an abandoned cattle trailer that contained leaking drums of hazardous waste. The warehouse includes a former process area equipped with a channel sump system.

In April 1993, the Texas Water Commission (predecessor agency to the TNRCC) inspected and sampled the site. The sample results indicated the site was contaminated with heavy metals and 4,4'-DDE.

On October 24, 1995, TNRCC and United States Environmental Protection Agency (EPA) personnel conducted a preliminary assessment at the site. This assessment identified wastes both inside and outside the warehouse. Inside the warehouse were 11 55-gallon drums and various five-gallon containers of unknown materials, four pallets of liquid sodium sulfate fertilizer, six pallets of Pelham phosphate, six pallets of liquid sulfur, fertilizer, and kickoff seed treatment. Outside the warehouse in a fenced area were seven 5,500 - 6,000-gallon storage tanks, and approximately 15 55-gallon drums and numerous five-gallon containers. A cattle trailer containing 25 drums of hazardous and unknown wastes, with a drip pan placed underneath, was documented on the site.

Between January 6 and 9, 1998, the TNRCC removed 25 drums from the cattle trailer. After the removal action, some drums and storage containers of hazardous wastes remained at the Stoller site pending further investigation and remedial activities.

Remedial Investigation (RI) activities commenced in July 2000. During the period from May 2001 to May 2002, surface and subsurface soils were sampled and analyzed for volatile organic compounds, semi-volatile organic compounds, metals, pesticides, and herbicides. The analytical results indicated that no surface or subsurface soils exceeded the commercial/industrial cleanup levels. The groundwater near the Stoller Site was also sampled for these same constituents. The analytical results indicated that no constituents were detected at levels that exceeded the established groundwater cleanup levels.

Additional removal activities during this same time frame consisted of removal and off-site disposal of 35 55-gallon drums, approximately 40 5-gallon containers, and six aboveground storage tanks. Removal also included decontamination of the warehouse building floor and the floor sump.

In July 2002, the commission approved a technical memorandum which described the RI and removal activities. The technical memorandum concluded that no further investigation activities were necessary at the site.

The TNRCC has concluded that all waste removal activities have been accomplished. The surface and subsurface soils on site do not exceed the commercial/industrial soil cleanup criteria established under 30 Texas Administrative Code (TAC) §350.79 (Texas Risk Reduction Program Protective Cleanup Level (TRRP) Tier II) and do not pose any unacceptable risk. The groundwater on site does not exceed the groundwater cleanup criteria established by 30 TAC §350.79 (TRRP Tier I) and does not pose any unacceptable risk.

As a result of the removal actions that have been performed at the site, the ED determined that the Stoller Chemical Company State Superfund site no longer presents an imminent and substantial endangerment to public health and safety and the environment. The removal activities consisted of transportation and off-site disposal of 35 55-gallon drums, approximately 40 5-gallon containers, and six aboveground storage tanks. The contents included 25 cubic yards of Class 1 waste, 50 cubic yards of Class 2 waste, 32 cubic yards of solid hazardous waste, and 662 gallons of liquid hazardous waste. Therefore, no further action is necessary at the site and the site is eligible for deletion from the state registry as provided by 30 TAC §335.344(c).

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 August 15, 2002, in Plainview City Council Chambers, City Hall, 901 Broadway in Plainview.

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., August 15, 2002, and should be sent in writing to Mr. Alvie L. Nichols, Project Manager, Remediation Division, TNRCC 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 on August 15, 2002.

A portion of the record for this site, including documents pertinent to the proposed deletion of the site is available for review during regular business hours at the Unger Memorial Library, 825 North Austin Street, Plainview, Texas 79072-7235, telephone number (806) 296-1148. 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 numbers 1 (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 or the site, please call Mr. Bruce McAnally, TNRCC Community Relations, at 1 (800) 633-9363.

TRD-200204184

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: July 2, 2002

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The TNRCC staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the ED of 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 August 12, 2002 . The TNRCC will consider any written comments received and TNRCC may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within TNRCC's jurisdiction, or TNRCC's orders and permits issued pursuant to TNRCC's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both 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 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 August 12, 2002 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The TNRCC attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the TNRCC in writing .

(1) COMPANY: Lockwood Enterprises, Inc. dba Lockwood Fuel Stop; DOCKET NUMBER: 2001-1064-PST-E; TNRCC ID NUMBER: 0030581; LOCATION: 4002 Lockwood, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.245(2) and Texas Health and Safety Code (THSC), §382.085(b), by failing to perform annual pressure decay tests for the Stage II vapor recovery system; PENALTY: $1,500; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R- 12, (713) 422-8918; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: NYTA Enterprises Inc.; DOCKET NUMBER: 2001-0311-MWD-E; TNRCC ID NUMBERS: 0087840 and 12428-001; LOCATION: 8031 East Mount Houston Road, Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.0301(a), and Water Quality Permit Number 12428-001, Permit Condition Number 2.b. and other Requirement Number 2, by failing to provide a certified operator and failing to maintain the facility; 30 TAC §§305.125(1) and (5), 317.4(a)(7), and 317.7(b), TWC,§26.121 and (e), and Water Quality Permit Number 12428-001, Permit Condition Number 2.g., Effluent Limitations and Monitoring Requirements Number 2 and Operational Requirements Number 1, NPDES Permit Number TX0087840, Section B, Operation and Maintenance of Pollution Controls, by failing to properly operate and maintain the facility to prevent the unauthorized discharge of wastewater from the base of the trickling filter unit and to maintain a minimum total chlorine residual level of 1.0 milligrams per liter to ensure adequate disinfection of the effluent; 30 TAC §305.125(1) and (11) and §319.4, NPDES Permit Number TX0087840, Section C, Monitoring and Records Numbers 1 - 10, and Water Quality Permit Number 12428-001, Effluent Limitations and Monitoring Requirement Numbers 1-6, by failing to conduct the required monitoring of the effluent; 30 TAC §§305.125(1) and (11), 319.7(c), and 305.125(17), and Water Quality Permit Number 12428-001, Monitoring and Reporting Requirements Numbers 1 and 3.b., and NPDES Permit Number TX0087840, by failing to provide all operation and monitoring records upon request and to submit monthly effluent reports and discharge monitoring reports to the TNRCC; 30 TAC §305.503 and §220.21, by failing to pay outstanding fees; PENALTY: $18,000; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 422-8910.

(3) COMPANY: Patriot Petroleum, Inc.; DOCKET NUMBER: 2001-1258-PST-E; TNRCC ID NUMBER: none; LOCATION: 13183 Interstate Highway 10 East, Converse, Bexar County, Texas; TYPE OF FACILITY: fuel distribution; RULES VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator of the facility has a valid, current delivery certificate issued by the TNRCC covering the underground storage tank (UST) system prior to depositing gasoline and/or diesel fuel into the UST system; PENALTY: $500; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Rd., San Antonio, Texas 78233-4480, (210) 490-3096.

(4) COMPANY: Stafaz Corporation dba Gonzales Diamond Shamrock; DOCKET NUMBER: 2001-0944-PST-E; TNRCC ID NUMBER: 9407; LOCATION: 1811 Saint Joseph, Gonzales, Gonzales County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.48(c), by failing to conduct appropriate inventory control procedures; 30 TAC §37.815(a) and (b), by failing to demonstrate the required financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c), by failing to monitor USTs for releases at a frequency of at least once every month; 30 TAC §334.10(b)(1)(B), (b)(2)(B)(v) and (vi), by failing to maintain required records on the premises of the UST facility and failing to make them immediately available for inspection upon request by TNRCC personnel; 30 TAC §334.49(a) and TWC, §26.3475(d), by failing to maintain the corrosion protection system in a manner that will ensure corrosion protection is continuously provided to all underground metal components of the UST system; 30 TAC §334.21 and §334.22, by failing to pay all outstanding UST fees, together with associated late fees and interest; PENALTY: $33,000; STAFF ATTORNEY: Robin Chapman, Litigation Division, MC 175, (512) 239-0497; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

TRD-200204186

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: July 2, 2002

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is August 12, 2002 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within TNRCC's orders and permits issued pursuant to TNRCC's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both 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 an AO should be sent to the attorney designated for the AO at 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 August 12, 2002 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to TNRCC in writing .

(1) COMPANY: Dorothy Rolater and Athalea Lane, as Co-Trustees of Boyd Living Trust, dba Boyd Acres Water System; DOCKET NUMBER: 2001-0036-PWS-E; TNRCC ID NUMBER: 0610051; LOCATION: south side of Boyd Road, one mile west of Farm-to-Market Road 423 and north of The Colony, Denton County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.121(b), by failing to provide a sample siting plan; 30 TAC §290.46(m)(1), by failing to conduct annual ground storage and pressure tank inspections; 30 TAC §290.46(i), by failing to adopt an adequate plumbing ordinance, regulations, or service agreement; 30 TAC §290.46(n)(3), by failing to maintain well completion data including copies of well material setting data, geological log, sealing information, disinfection information, microbiological sample results, and a chemical analysis report of a representative sample of water; 30 TAC §290.43(c)(1), by failing to provide a properly screened vent on the ground storage tank; 30 TAC §290.41(c)(3)(O) and §290.43(e), by failing to provide an intruder resistant fence with a lockable fence around the ground storage tank and pressure tanks and to provide an intruder resistant fence provided with locks or a locked well house around the wells; 30 TAC §290.43(d)(2), by failing to provide accurate pressure gauges on either of the pressure tanks; 30 TAC §290.43(c)(6), by failing to provide pressure tanks which are tight against leakage; 30 TAC §290.45(b)(1)(B)(iii), by failing to provide at least two service pumps with a total capacity of 2.0 gallons per minute per connection; 30 TAC §290.41(c)(3)(K), by failing to provide a sealed well head and to provide a properly installed casing vent; 30 TAC §290.41(c)(3)(N), by failing to provide an accurate flow measuring device for accurate metering; 30 TAC §290.41(c)(1), by failing to provide sanitary conditions around the wells; 30 TAC §290.46(r), by failing to provide a minimum operating pressure of 35 pounds per square inch (PSI) throughout the distribution system under normal operating conditions; 30 TAC §290.46(t), by failing to post a legible sign as required; 30 TAC §290.43(d)(2), by failing to provide pressure release devices on either of the pressure tanks; PENALTY: $5,188; STAFF ATTORNEY: Robin Chapman, Litigation Division, MC 175, (512) 239-0497; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Forth Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: James F. Lunsford dba Fairview Joint Venture; DOCKET NUMBER: 2000- 0728-MWD-E; TNRCC ID NUMBER: 8116-2; LOCATION: 820 North Central Expressway, Allen, Collin County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §305.125(1) and (11), §319.7(a) and (c), TWC, §26.121, and Texas Pollutant Discharge Elimination System (TPDES) Permit Number 13806-001, Monitoring and Reporting Requirements Numbers 1, 2, 3, and 6, and Permit Conditions Numbers 2.a. and 2.b., by failing to properly maintain laboratory records, report effluent excursions, properly calculate daily loads for bio- chemical oxygen demand (BOD5) and total suspended solids (TSS) and by failing to properly record all monitoring activities as required; 30 TAC §305.125(1), TWC, §26.121, and TNRCC Permit Number 13806-001, Other Requirements Number 9, and Permit Conditions Numbers 2.a. and 2.b., and TPDES Permit Number 13806-001, Other Requirements Number 7, and Permit Conditions Numbers 2.a. and 2.b., by failing to conduct initial quarterly testing of the effluent for Arsenic, Cadmium, Chromium (Total), Copper, Cyanide, Fluoride, Lead, Mercury, Nitrate-N, Phosphate, Selenium, Silver, total dissolved solids and Zinc as required; 30 TAC §305.125(1) and (4), §305.126(a), and TWC, §26.121, and TPDES Permit Number 13806-001, Interim Effluent Limitations and Monitoring Requirements Numbers 1, 2, and 6, Permit Conditions Numbers 2.a. and 2.b., and Operational Requirements Number 8, by failing to maintain permitted limits for flow, BOD5, TSS, minimum dissolved oxygen and chlorine residual, and by failing to comply with the 75/90 rule; 30 TAC §305.125(1) and (4), TWC, §26.121, and TPDES Permit Number 13806-001, Interim Effluent Limitations and Monitoring Requirements Number 4, Permit Conditions Numbers 2.a. and 2.b., by failing to properly maintain the facility by allowing solids to be discharged into or adjacent to the receiving stream; 30 TAC §305.125(1) and (5), TWC, §26.121, and TPDES Permit Number 13806-001, Operational Requirements Number 1, and Permit Conditions Numbers 2.a. and 2.b., by failing to properly operate and maintain the facility and all its systems of collection, treatment and disposal; 30 TAC §305.125(1) and (11), and TNRCC Permit Number 13806-001, and TPDES Permit Number 13806-001, Monitoring and Reporting Requirements Number 7, and Permit Conditions Numbers 2.a. and 2.b., and National Pollutant Discharge Elimination System (NPDES) Permit Number TX0066737, Part II, Section A, Reporting Requirements Number 6, and General Conditions Number 1, by failing to properly report, in writing and within five days of becoming aware of the noncompliance, all effluent excursions that exceeded 40% or more of the permitted limits; 30 TAC §305.125(1), and TPDES Permit Number 13806-001, Monitoring and Reporting Requirements Numbers 1 and 30, by failing to submit timely monthly discharge monitoring reports; PENALTY: $12,750; STAFF ATTORNEY: Robin Chapman, Litigation Division, MC 175, (512) 239-0497; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Forth Worth, Texas 76118-6951, (817) 588-5800.

TRD-200204185

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: July 2, 2002

The Texas Natural Resource Conservation Commission (commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the commission may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is August 19, 2002 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each proposed AO is available for public inspection at the commission's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on August 19, 2002 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1) COMPANY: C. P. Transport, Inc.; DOCKET NUMBER: 2002-0316-PST-E; IDENTIFIER: Enforcement Identification Number 17967; LOCATION: Crockett and Port Arthur; Houston and Jefferson Counties, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owners or operators had valid, current delivery certificates; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Chevron U.S.A., Inc.; DOCKET NUMBER: 2002-0289-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 0029227; LOCATION: Houston; Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.242(3)(J) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system (VRS) in proper operating condition; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: E-Z Mart Stores, Inc.; DOCKET NUMBER: 2002-0237-PST-E; IDENTIFIER: PST Facility Identification Number 0010254; LOCATION: Galveston, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(1)(C) and THSC, §382.085(b), by failing to perform an annual vapor/liquid ratio test; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Catherine Sherman, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Enduro Systems, Inc. dba Enduro Composite, Inc.; DOCKET NUMBER: 2002-0319-AIR-E; IDENTIFIER: Air Account Number HG-3363-C; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: fiberglass manufacturing; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 20269, and THSC, §382.085(b), by failing to test emission point number one as required by Permit Number 20269; PENALTY: $800; ENFORCEMENT COORDINATOR: Kevin Keyser, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Virginia Franklin-Fuller dba Franklin Estates South; DOCKET NUMBER: 2001-0837-PWS-E; IDENTIFIER: Public Water Supply Number 1520080; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(1)(F), by failing to locate the groundwater sources and provide a sanitary control easement for all wells; 30 TAC §290.45(b)(1)(E)(i) and (ii) and THSC, §341.0315(c), by failing to provide a well capacity of one gallon per minute per connection and provide a pressure tank capacity of 50 gallons per connection; 30 TAC §290.109(c)(1) and THSC, §341.033(d), by failing to take the required microbiological sample; and 30 TAC §290.46(d)(2)(A), (f)(3)(E)(iv), and (j), by failing to provide a free chlorine residual in the finished water tank, maintain copies of the customer service inspection reports, and conduct customer service inspection certifications; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(6) COMPANY: Gruy Petroleum Management Co.; DOCKET NUMBER: 2002-0119-AIR-E; IDENTIFIER: Air Account Number GH-0008-G; LOCATION: McLean, Gray County, Texas; TYPE OF FACILITY: gas compression plant; RULE VIOLATED: 30 TAC §122.146(1) and THSC, §382.085(b), by failing to submit annual compliance certification reports; and 30 TAC §122.145(2)(B) and THSC, §382.085(b), by failing to submit deviation reports; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(7) COMPANY: Harlingen Consolidated Independent School District; DOCKET NUMBER: 2002-0401-PST-E; IDENTIFIER: PST Facility Identification Number 0054006; LOCATION: Harlingen, Cameron County, Texas; TYPE OF FACILITY: school district with fleet refueling; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), (2)(A)(i)(III) and (ii)(I), (d)(1)(B)(ii), and the Code, §26.3475(a) and (c)(1), by failing to monitor tanks in a manner which will detect a release, test the line leak detectors, perform a tightness test for the pressurized lines, and reconcile inventory control records; 30 TAC §334.8(c)(4)(B), (5)(A)(i) and (C), and the Code, §26.3467(a), by failing to complete a underground storage tank (UST) registration and self-certification form, make available to a common carrier a valid, current delivery certificate, and number each tank compartment; PENALTY: $14,375; ENFORCEMENT COORDINATOR: Sandra Hernandez, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(8) COMPANY: James Embree and Rocky Hardin; DOCKET NUMBER: 2002-0649-EAQ-E; IDENTIFIER: Edwards Aquifer Protection Program File Number 01120701; LOCATION: Georgetown, Williamson County, Texas; TYPE OF FACILITY: real property; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain executive director approval of an Edwards Aquifer protection plan prior to commencing construction; PENALTY: $720; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(9) COMPANY: Robert Ramirez dba Kings Food and Gas; DOCKET NUMBER: 2002-0279- PST-E; IDENTIFIER: PST Facility Identification Number 0034078; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vi)(I), (B), and (5)(A)(i), and the Code, §26.346(a) and §26.3467(a), by failing to submit a UST registration and self-certification form and make available a valid, current delivery certificate; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(10) COMPANY: Kirby & Kirby Oil Company, Inc.; DOCKET NUMBER: 2002-0076-PST-E; IDENTIFIER: Enforcement Identification Number 17235; LOCATION: Tyler, Smith County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe a valid, current delivery certificate; PENALTY: $18,000; ENFORCEMENT COORDINATOR: Elnora Moses, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(11) COMPANY: Brijesh Patel and Seema Patel dba Lakeside Food Mart; DOCKET NUMBER: 2002-0388-PST-E; IDENTIFIER: PST Facility Identification Number 0025511; LOCATION: Ratcliff, Houston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.51(b)(2)(C) and the Code, §26.3475(c)(2), by failing to equip each tank with a valve or other device designed to automatically shut off the flow of regulated substances into the tank; 30 TAC §334.48(a) and (c), by failing to ensure that UST systems are operated, maintained, and managed and maintain complete and accurate records; and 30 TAC §334.8(c)(4)(B) and the Code, §26.346(a), by failing to ensure that the UST registration and self-certification form is fully and accurately completed; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(12) COMPANY: Wallace R. Layne dba Layne Septic Service; DOCKET NUMBER: 2002- 0078-SLG-E; IDENTIFIER: Sludge Transporter Registration Number 20612; LOCATION: Tyler, Smith County, Texas; TYPE OF FACILITY: sludge transporter; RULE VIOLATED: 30 TAC §312.142(d), by failing to renew the transporter registration; and the Code, §26.121, by failing to prevent the discharge of municipal waste; PENALTY: $3,500; ENFORCEMENT COORDINATOR: Elnora Moses, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(13) COMPANY: City of Lone Star; DOCKET NUMBER: 2001-1466-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 12411-001 (Expired); LOCATION: Lone Star, Morris County, Texas; TYPE OF FACILITY: wastewater lift station and collection and treatment system; RULE VIOLATED: TPDES Permit Number 12411-001 and the Code, §26.121, by failing to prevent the unauthorized discharge of raw sewage; 30 TAC §305.125(1) and (9), and TPDES Permit Number 12411-001, by failing to submit noncompliance notification and made false statements in the notice of noncompliance report; 30 TAC §319.302 and the Code, §26.039(e), by failing to submit public notification of the sewage discharge; and 30 TAC §305.42(a) and the Code, §26.121, by failing to submit a permit renewal application; PENALTY: $22,500; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(14) COMPANY: Marsh Transportation Company; DOCKET NUMBER: 2001-1195-PST-E; IDENTIFIER: Enforcement Identification Number 16595; LOCATION: Vidor, Orange County, Texas; TYPE OF FACILITY: transporter of petroleum products; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe that the owner or operator had a valid, current delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(15) COMPANY: Mikeska Gin & Grain Company; DOCKET NUMBER: 2002-0424-PST-E; IDENTIFIER: PST Facility Identification Number 0004107; LOCATION: Eola, Concho County, Texas; TYPE OF FACILITY: cotton gin with retail sales of gasoline and diesel; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.346(a) and §26.3467(a), by failing to ensure that the UST registration and self-certification form is fully and accurately completed and make available a valid, current delivery certificate; PENALTY: $4,400; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(16) COMPANY: Morris Moore Chevrolet-Buick, Inc.; DOCKET NUMBER: 2002-0159-PST- E; IDENTIFIER: PST Facility Identification Number 0031462; LOCATION: Silsbee, Hardin County, Texas; TYPE OF FACILITY: petroleum storage tank; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.346(a) and §26.3467(a), by failing to ensure that the UST registration and self-certification form is fully and accurately completed and make available a valid, current delivery certificate; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor the UST system for releases; and 30 TAC §334.51(b)(2)(C) and the Code, §26.3475(c)(2), by failing to provide proper spill containment equipment and provide proper overfill prevention equipment; PENALTY: $12,400; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(17) COMPANY: Nationsrent of Texas, L.P.; DOCKET NUMBER: 2002-0095-AIR-E; IDENTIFIER: Air Account Number EE-1314-K; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: industrial equipment rental yard; RULE VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by allegedly allowing the transfer of gasoline with a Reid vapor pressure greater than seven pounds per square inch absolute; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(18) COMPANY: New Millennium Homes, Inc.; DOCKET NUMBER: 2002-0123-IWD-E; IDENTIFIER: Enforcement Identification Number 15103; LOCATION: Conroe, Montgomery County, Texas; TYPE OF FACILITY: residential and golf course development; RULE VIOLATED: the Code, §26.121, by failing to prevent the unauthorized discharge of contaminated wastewater from several ponds; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: Nu Van Technology, Inc.; DOCKET NUMBER: 2002-0250-AIR-E; IDENTIFIER: Air Account Number TA-1093-C; LOCATION: Mansfield, Tarrant County, Texas; TYPE OF FACILITY: truck trailer manufacturing; RULE VIOLATED: 30 TAC §115.421(a)(9)(A)(iii) and THSC, §382.085(b), by exceeding the volatile organic compound (VOC) emission limit of six pounds per hour; and 30 TAC §106.433(7)(D), (8)(B) and (C), and (9), and THSC, §382.085(b), by failing to register, obtain prior site approval, and maintain records for the outdoor surface coating operation; PENALTY: $8,750; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(20) COMPANY: One Genesis, Inc. dba Lucky Way Food Store; DOCKET NUMBER: 2001- 1305-PST-E; IDENTIFIER: PST Facility Identification Number 0035680; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and the Code, §26.346(a), by failing to submit an UST registration and self-certification form; PENALTY: $800; ENFORCEMENT COORDINATOR: Kevin Keyser, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(21) COMPANY: City of Ore City; DOCKET NUMBER: 2002-0023-MWD-E; IDENTIFIER: TPDES Permit Number 10241-001; LOCATION: Ore City, Upshur County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10241-001, and the Code, §26.121(c), by failing to comply with permit limits for total suspended solids (TSS); PENALTY: $2,400; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(22) COMPANY: Pennington Co., Inc.; DOCKET NUMBER: 2002-0552-PST-E; IDENTIFIER: Enforcement Identification Number 17534; LOCATION: Marlin, Falls County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owners or operators had a valid, current delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: Michelle Harris, (512) 239-0492; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(23) COMPANY: Petro-Chemical Transport, Inc.; DOCKET NUMBER: 2002-0126-PST-E; IDENTIFIER: Enforcement Identification Number 17250; LOCATION: near Italy, Dallas County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owners or operators had a valid, current delivery certificate; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239-5867; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(24) COMPANY: Prism Gas Systems, Inc.; DOCKET NUMBER: 2001-1464-AIR-E; IDENTIFIER: Air Account Number CG-0036-L; LOCATION: Bivins, Cass County, Texas; TYPE OF FACILITY: gas processing operation; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain an air permit or permit by rule before construction and operation of five compressor engines; 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit the annual compliance certifications; and 30 TAC §122.145(2) and THSC, §382.085(b), by failing to submit deviation reports; PENALTY: $12,000; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(25) COMPANY: Cantera Resources, Inc. dba Pueblo Gas Processing Plant; DOCKET NUMBER: 2002-0428-AIR-E; IDENTIFIER: Air Account Number EA-0007-E; LOCATION: Cisco, Eastland County, Texas; TYPE OF FACILITY: gas processing plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(G) and (c), Air Permit Number 6630A, and THSC, §382.085(b), by failing to meet the VOC emissions limit and meet the 80% condenser control efficiency; PENALTY: $2,000; ENFORCEMENT COORDINATOR: George Ortiz, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(26) COMPANY: Roy and Mary Apperson dba Roy and Mary's Grocery and Debra Wilburn; DOCKET NUMBER: 2002-0244-PST-E; IDENTIFIER: PST Facility Identification Number 0008053; LOCATION: Vidor, Orange County, Texas; TYPE OF FACILITY: convenience store with petroleum storage tanks; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(i) and (5)(A)(i), and the Code, §26.346(a), by failing to complete a UST registration and self-certification form and make available to a common carrier a valid, current delivery certificate; and 30 TAC §37.815(a)(1) and (b)(1), by failing to demonstrate the required financial responsibility; PENALTY: $7,200; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(27) COMPANY: Shawn & Shawn Inc. dba T & J Conoco; DOCKET NUMBER: 2002-0366- PST-E; IDENTIFIER: PST Facility Identification Number 0066359; LOCATION: Crowley, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to successfully perform annual pressure decay testing; 30 TAC §334.50(b)(2)(A)(i)(III) and (ii)(I), and (d)(1)(B)(ii) and (iii)(I), and the Code, §26.3475, by failing to test a line leak detector, provide proper release detection for the pressurized piping, conduct reconciliation of detailed inventory control records, and record inventory volume measurements; PENALTY: $4,375; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(28) COMPANY: Sierra Microwave Technology, Incorporated; DOCKET NUMBER: 2002- 0627-EAQ-E; IDENTIFIER: Edwards Aquifer Protection Program File Number 01101501; LOCATION: Georgetown, Williamson County, Texas; TYPE OF FACILITY: recharge zone; RULE VIOLATED: 30 TAC §213.4(a), by failing to receive approval of an amendment to an Edwards Aquifer water pollution abatement plan; PENALTY: $600; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(29) COMPANY: Silver Pines Energy Corporation; DOCKET NUMBER: 2002-0582-AIR-E; IDENTIFIER: Air Account Number HX-2915-U; LOCATION: Crosby, Harris County, Texas; TYPE OF FACILITY: natural gas production; RULE VIOLATED: 30 TAC §101.360(a) and THSC, §382.085(b), by failing to submit form ECT-3, level of activity certification; PENALTY: $600; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(30) COMPANY: Antonio Lopez dba Sonora Tire Service; DOCKET NUMBER: 2002-0281- PST-E; IDENTIFIER: PST Facility Identification Number 0032175; LOCATION: Sonora, Sutton County, Texas; TYPE OF FACILITY: tire shop with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vi)(I) and (B), and (5)(A)(i), and the Code, §26.346(a), by failing to submit a UST registration and self-certification form and make available a valid, current delivery certificate; PENALTY: $4,800; ENFORCEMENT COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(31) COMPANY: Nueces County Hospital District dba Southside Health Center; DOCKET NUMBER: 2002-0267-PST-E; IDENTIFIER: PST Facility Identification Number 0056557; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: medical service with an emergency power generated fuel tank; RULE VIOLATED: 30 TAC §334.49(a) and the Code, §26.3475, by failing to provide corrosion protection for the UST system; and 30 TAC §334.8(c)(4)(B) and the Code, §26.346(a), by failing to submit an accurate self-certification form; PENALTY: $2,520; ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(32) COMPANY: Nizar Varani dba Star Food Mart; DOCKET NUMBER: 2002-0296-PST-E; IDENTIFIER: PST Facility Identification Number 0040216; LOCATION: Garland, Dallas County, Texas; TYPE OF FACILITY: gasoline retail station; RULE VIOLATED: 30 TAC §115.244(3) and THSC, §382.085(b), by failing to conduct monthly inspections of the Stage II VRS; and 30 TAC §115.245(1) and THSC, §382.085(b), by failing to successfully complete all applicable tests; PENALTY: $2,160; ENFORCEMENT COORDINATOR: Alayne Furguson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(33) COMPANY: Sur Valle Transport Company dba Sur Valle Transport Company; DOCKET NUMBER: 2002-0305-PST-E; IDENTIFIER: Enforcement Identification Number 17527; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $5,200; ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825- 3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(34) COMPANY: Tri-Con, Inc.; DOCKET NUMBER: 2002-0050-PST-E; IDENTIFIER: Enforcement Identification Number 17440; LOCATION: Fannett, Jefferson County, Texas; TYPE OF FACILITY: transporter of petroleum products; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(35) COMPANY: Tri-Con, Inc.; DOCKET NUMBER: 2002-0959-PST-E; IDENTIFIER: Enforcement Identification Number 16527; LOCATION: Vidor, Orange County, Texas; TYPE OF FACILITY: transporter of petroleum products; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(36) COMPANY: City of Troup; DOCKET NUMBER: 2002-0306-MWD-E; IDENTIFIER: TPDES Permit Number 10304-001; LOCATION: Troup, Cherokee County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10304-001, and the Code, §26.121, by failing to comply with the TSS daily average permit loading limit of 51 pounds; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(37) COMPANY: City of Weatherford; DOCKET NUMBER: 2001-1171-MSW-E; IDENTIFIER: Municipal Solid Waste (MSW) Permit Number 047; LOCATION: Weatherford, Parker County, Texas; TYPE OF FACILITY: landfill; RULE VIOLATED: 30 TAC §330.55(b)(2) and (3) and MSW Permit Number 047, by failing to establish run-on and run-off control of contaminated water and landfill leachate; 30 TAC §330.133(b) and (f), by failing to maintain adequate intermediate cover; 30 TAC §§330.5(a)(1), 330.134, 330.139, and the Code, §26.121, by failing to prevent the discharge or ponding of contaminated water and landfill leachate; and 30 TAC §330.114(3) and 330.133(g), by failing to maintain an accurate daily cover log; PENALTY: $13,875; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(38) COMPANY: Western Sales and Testing Company; DOCKET NUMBER: 2002-0170-AIR- E; IDENTIFIER: Air Account Number RB-0072-E; LOCATION: Amarillo, Randall County, Texas; TYPE OF FACILITY: helium coating and testing; RULE VIOLATED: 30 TAC §106.433(6)(B) and (C), (8)(B), and THSC, §382.085(b), by failing to exhaust all paint emissions through the elevated stacks, maintain 95% removal efficiency rate of particulate matter, and maintain the required records of daily coating and solvent use, and records of the actual hours of operation; PENALTY: $3,125; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(39) COMPANY: Randi L. Willis dba Willis Dairy; DOCKET NUMBER: 2001-0170-AGR-E; IDENTIFIER: TPDES Permit Number 03543; LOCATION: Comanche, Comanche County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §305.125(1), §321.31(a), and TPDES Permit Number 03543, and the Code, §26.121(a)(1), by failing to prevent an unauthorized discharge of wastewater from a retention pond; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(40) COMPANY: Your C Store, Inc.; DOCKET NUMBER: 2002-0139-PST-E; IDENTIFIER: PST Facility Identification Number 0036119; LOCATION: La Grange, Fayette County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(a)(1)(A) and the Code, §26.3475, by failing to provide a method of release detection capable of detecting release; 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.346(a) and §26.3467(a), by failing to submit a UST registration and self-certification form and make available to a common carrier a valid, current delivery certificate; PENALTY: $14,375; ENFORCEMENT COORDINATOR: Sarah Slocum (512) 239-6589; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

TRD-200204190

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: July 2, 2002

The Texas Natural Resource Conservation Commission (commission) will conduct a public hearing to receive testimony regarding revisions to 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds, and to the state implementation plan (SIP) narrative, Stage II Vapor Recovery Program SIP Revision, under the requirements of the Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102, of the United States Environmental Protection Agency (EPA) regulations concerning SIPs. The amendments to Chapter 115 are proposed as a revision to the SIP.

These proposed amendments to Chapter 115 would require more frequent testing of vapor recovery systems at gasoline dispensing facilities in lieu of adopting the California Enhanced Vapor Recovery Program rules, while continuing to maintain the federal requirement for a 95% vapor recovery rate. The proposed amendments would also require that Stage II vapor recovery systems be compatible with onboard refueling vapor recovery equipment mandated by the federal government.

A public hearing on this proposal will be held in Austin, Texas, on August 8, 2002, at 2:00 p.m., at the Texas Natural Resource Conservation Commission, 12100 Park 35 Circle, Building F, Room 2210. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, agency staff will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Comments may be submitted to Lola Brown, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087; or by fax at (512) 239-4808. All comments must be received by 5:00 p.m. on August 12, 2002, and should reference Rule Log No. 2002-012-115-AI. For further information on the proposed revisions, please contact Ashley Forbes at (512) 239-0493 or Alan Henderson at (512) 239-1510. Copies of the proposed rules and SIP revisions can be obtained from the commission's website at: http://www.tnrcc.state.tx.us/oprd/rules/propadop.html .

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

TRD-200204084

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: June 28, 2002

The Texas Natural Resource Conservation Commission (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 TAC Chapter 115 and to the state implementation plan (SIP) under the requirements of the Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations, §51.102, of the United States Environmental Protection Agency (EPA) regulations concerning SIPs.

The proposed new §115.741, Emission Specifications, and associated SIP revision would change the emission rate for all highly-reactive volatile organic compounds emitted from each flare at an account, as proposed by the commission on June 5, 2002, and published in the June 21, 2002, issue of the Texas Register (27 TexReg 5394). This proposed new section would replace the currently proposed section which the commission is now withdrawing. The proposed SIP includes a revision to the industrial, commercial, and institutional source control requirements which are already included within the federally approved SIP for the Houston/Galveston ozone nonattainment area. Specifically, the revision concerns the emission rate for all highly-reactive volatile organic compounds emitted from each flare at an account, as proposed by the commission on June 5, 2002.

A Chapter 115 proposal and corresponding SIP revision was originally published for hearings on July 18 and 22, 2002. Based on the nature of the changes to the emission specifications proposed on June 5, 2002 in §115.741, the commission has withdrawn §115.741, proposed new §115.741, and scheduled an additional hearing. Persons who submit comments during the July hearings will not be required to resubmit their comments, because the evaluation of testimony will include comments from all hearings and comment periods. Those persons may, however, submit additional comment if they so desire on both the Chapter 115 and the SIP revisions proposed on June 5 and 26, 2002.

A public hearing on this proposal will be held in Houston on August 6, 2002, at 10:00 a.m. in the City Hall Council Chambers, 2nd Floor, located at 901 Bagby. Individuals may present oral statements when called upon in order of registration. A four-minute time limit may be established at the hearings to assure that enough time is allowed for every interested person to speak. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Written comments may be submitted to Kelly Keel, MC 206, Office of Environmental Policy, Analysis, and Assessment, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, faxed to (512) 239-4808, or emailed to siprules@tceq.state.tx.us for the SIP revisions (Rule Log Number 2002-046-SIP-AI) and Chapter 115 (Rule Log Number 2002-046-115-AI). Comments must be received by 5:00 p.m., August 6, 2002, and should reference Rule Log Number 2002-046-SIP-AI for the SIP, and 2002-046-115-AI for Chapter 115. For further information on this proposal, please contact Ms. Kelly Keel, Strategic Assessment Division at (512) 239-3607, Mr. Bradley Oehler, Strategic Assessment Division at (512) 239-0599, or Mr. Alan Henderson, Air Policy and Regulations Division, at (512) 239-1510. Copies of the proposed rule and SIP revision can be obtained from the commission's website at http://www.tnrcc.state.tx.us/oprd/sips/june2002hga.html .

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

TRD-200204087

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: June 28, 2002

The Texas Natural Resource Conservation Commission (commission) will conduct a public hearing to receive comments regarding revisions to 30 TAC Chapters 101, 106, and 116 and to the SIP under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Chapter 2001, Subchapter B; and 40 Code of Federal Regulations, §51.102, of the United States Environmental Protection Agency regulations concerning SIPs. The commission proposes amendments to §§101.24, 101.27, 116.141, 116.143, 116.163, 116.313, 116.614, 116.750, and 116.1050; and new §106.50, Registration Fees for New Permits by Rule. The amendments and new sections to Chapters 101, 106, and 116 are proposed as revisions to the SIP.

The proposed rules would increase inspection fees, emissions fees, air permit, renewal, and amendment fees. The proposed rules would also assess a new fee on new permit by rule registrations. These changes are necessary to provide sufficient funding to meet current appropriation levels for air program activities and to meet operational funding requirements for the commission's Title V program.

A public hearing on this proposal will be held in Austin on August 12, 2002 at 10:00 a.m. at the TNRCC central office, Building E, Room 201S, located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

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

Written comments may be submitted to Patricia Durón, MC 205, Texas Natural Resource Conservation Commission, Office of Environmental Policy, Analysis, and Assessment, P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512) 239-4808. All comments should reference Rule Log Number 2002-041-116-AI. Comments must be received by 5:00 p.m., August 12, 2002. For further information, please contact Debi Dyer, Policy and Regulations Division, (512) 239-3972.

TRD-200204126

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: June 28, 2002

The following notices were issued during the period of June 25, 2002 through July 1, 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.

ARCH CHEMICALS, INC. which operates an inorganic chemicals manufacturing plant, has applied for a renewal of TPDES Permit No. 00647, which authorizes the discharge of storm water on an intermittent and flow variable basis via Outfall 001. The facility is located at 1400 Olin Road, approximately 2000 feet east of State Highway (S.H.) 380 and approximately 2.7 miles south of the intersection of S.H. 380 and S.H. 90 on the south side of the city of Beaumont, Jefferson County, Texas.

CITY OF DAYTON has applied for a renewal of TPDES Permit No. 10564-004, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The facility is located approximately 0.50 mile southwest of the intersection of State Highway 146 and U.S. Highway 90 in Liberty County, Texas.

ENTERGY GULF STATES, INC which operates the Lewis Creek Steam Electric Station, has applied for a major amendment to TPDES Permit No. 01966 to authorize a reduction in monitoring frequency for flow, total suspend solids, oil and grease, and pH at Outfall 001; deletion of Outfall 101 ( an internal outfall monitoring discharges of treated domestic sewage); and a reduction in monitoring frequency for flow and temperature at Outfall 002. The current permit authorizes the discharge of low volume wastewater commingled with previously monitored effluent ( treated domestic sewage) via Outfall 001 on a flow variable basis; and once through cooling water via Outfall 002 at a daily average flow not to exceed 525,000,000 gallons per day. The facility is located at 11191 Long Street, approximately 2.6 miles west-northwest of the Cit of Willis, Montgomery County, Texas.

ENTERGY POWER VENTURES, L.P. which proposes to operate the Harrison County Power Project, a combined cycle electric power generating facility, has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 04370, to authorize the discharge of cooling tower blowdown, low volume wastes (service water and HRSG blowdown), demineralizer regenerate, and storm water runoff at a daily average dry weather flow not to exceed 1,190,000 gallons per day via Outfall 001. The facility is located approximately 500 yards east of State Highway 43, 0.5 miles south of the intersection of Terrapin Neck Road and State Highway 43, and 7.1 miles south of the City of Marshall, Harrison County, Texas.

FORT BEND COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 2 has applied for a renewal of TNRCC Permit No. 10086-002, 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 approximately 3,300 feet southeast of the intersection of Cravens Road and U.S. Highway 90 in Fort Bend County, Texas.

CITY OF FRISCO has applied for a renewal of TPDES Permit No. 10172-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The facility is located approximately 2500 feet north of Farm-to-Market Road 720 and immediately east of St. Loius-San Francisco Railroad in Collin County, Texas.

GEORGIA-PACIFIC CORPORATION has applied for a major amendment to TPDES/TNRCC Permit No. 01968, to authorize the rerouting and relocation of discharge outfall 001. The current permit authorizes discharge of storm water on an intermittent and flow variable basis via Outfall 001. The applicant operates the Houston Lignin Plant, a facility where lignosulfonates , resin-based and lignite-based products are produced and stored. The plant site is located at 10120 Hirsch Road, south of the Parker Street and Hirsch Road intersection, in the City of Houston, Harris County, Texas.

CITY OF KAUFMAN has applied for a renewal of TNRCC Permit No. 12114-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 1,200,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,200,000 gallons per day. The plant site is located on U.S. Highway 175 approximately 1 mile southeast of the intersection of U.S. Highway 175 and State Highway 34 in Kaufman County, Texas.

KNOX OIL OF TEXAS, INC. which operates the Knox Fuel Stop - Palmer, has applied for a renewal of TPDES Permit No. 03644, which authorizesthe discharge of treated washwater and storm water at a daily average flow not to exceed 5,000 gallons per day via Outfall 001. The facility is located at the southeast corner of the intersection of Interstate Highway 45 and Parkerhill Road, approximately 1.1 miles south of the City of Palmer, Ellis County, Texas.

LAMAR POWER PARTNERS, LP which operates the Lamar Power Project, a combined cycle electric generating station, has applied for a renewal of TPDES Permit No. 04127, which authorizes the discharge of cooling tower blowdown, filter backwash, and low volume waste at a daily average flow not to exceed 1,200,000 gallons per day via Outfall 001. The facility is located on the east side of Farm-to-Market Road 137, approximately 1/2 mile south of the intersection of Farm-to-Market Road 137 and 286 Loop Road, southeast of the City of Paris, Lamar County, Texas.

CITY OF LYFORD has applied for a renewal of TPDES Permit No. 11210-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 270,000 gallons per day. The facility is located east of Lyford, approximately 0.8 miles east and 0.6 miles south of the intersection of State Highway 448 and Farm-to-Market Road 1921 in Willacy County, Texas. The treated effluent is discharged to a drainage ditch; thence to the North Floodway; thence to the Laguna Madre in Segment No. 2491 of the Bays and Estuaries.

MONTEREY MUSHROOMS, INC. has applied to the Texas Natural Resource Conservation Commission (TNRCC) for a renewal of TNRCC Permit No. 01896, which authorizes the discharge of treated industrial (process and utility) and domestic wastes at a daily average flow not to exceed 100,000 gallons per day via Outfall 001, and stormwater runoff on an intermittent and flow variable basis via Outfalls 002, 003, and 004. The applicant operates a mushroom production farm. The plant site is located at 5816 Highway 75 South, approximately 1.25 miles north of the intersection of U.S. Highway 75 and State Highway Spur 104, and 5.5 miles south of the City of Madisonville, Madison County, Texas.

POINT AQUARIUS MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 11219-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 390,000 gallons per day. The facility is located approximately 1 mile southwest of the intersection of Farm-to-Market Road 1097 and Aquarius Boulevard in Montgomery County, Texas.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE has applied for a renewal of TPDES Permit No. 10823-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,850,000 gallons per day. The facility is located within the Texas Department of Criminal Justice Coffield Farm Unit at the southwest terminus of Farm-to-Market Road 2054 at a point approximately 4.5 miles southwest of Tennessee Colony in Anderson County, Texas. The treated effluent is discharged to an unnamed ditch; thence to Cedar Lake Slough; thence to the Trinity River Above Lake Livingston in Segment No. 0804 of the Trinity River Basin.

TRD-200204209

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 2, 2002

Notices mailed during the period June 25, 2002 through July 2, 2002

San Antonio Water System, P.O. Box 2449, San Antonio, Texas, 78298, seeks an extension of time for commencement and completion of construction of a reservoir authorized by Water Use Permit No. 5469, pursuant to Texas Water Code (TWC) 11.145, and Texas Natural Resource Conservation Commission Rules 30 Texas Administrative Code (TAC) 295.1, et seq. Notice of the application shall be mailed to the water right holders of record in the San Antonio River Basin and published pursuant to 30 TAC 295.159(a).Water Use Permit No. 5469 authorizes permittee to construct, operate, and maintain an on-channel incised water storage reservoir (HRWSC Storage Facility) on Leon Creek, located in the Anselmo Pru Survey No. 20, Abstract No. 574, Bexar County, approximately 12 miles north northwest of San Antonio, Texas. The reservoir will impound not more than 400 acre-feet and have a surface area of not more than 31.2 acres. Permittee is authorized to divert not more than 1,500 acre-feet of water per year from the aforesaid storage facility at a point located at Latitude 29.576 degrees N, Longitude 98.617 degrees W, also being S 61.762 degrees E, 6,943 feet from the northwest corner of the aforesaid survey, at a maximum diversion rate of 30cfs (13,466 gpm), and to use the diverted water for industrial, agricultural (irrigation), recreation, and other beneficial uses within the HRWSC Service Area. The permit included a requirement that construction (excavation) of the reservoir was to commence by December 2, 1995 and be completed by December 2, 1996.There were subsequently four extensions of time issued by the TNRCC authorizing additional time to commence and complete construction of said reservoir with the currently authorized commencement date being December 2, 2001 with a completion date of December 2, 2004.The applicant seeks authorization for an additional extension of time to commence and complete construction of the reservoir. The requested date of commencement is December 2, 2004 and the requested date of completion is December 2, 2007. The applicant has indicated that they require this time extension in order to ensure that the development of this project is implemented within the framework of the larger, regional plans mandated by regional and state authorities and legislative initiatives (e.g. SB1 regional planning). In addition, SAWS' internal resources planning and development strategies are currently being optimized through the initiation of new contract studies of water availability within the Guadalupe-San Antonio River Basins and the region. The application was received on November 29, 2001. The Executive Director of the TNRCC has reviewed the application and has declared it to be administratively complete on May 22, 2002. Written public comments and requests for a public meeting should be received in 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. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.The TNRCC may grant a contested case hearing on this application if a written hearing request is filed within 30 days of the date of newspaper publication of the notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed.

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-200204206

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: July 2, 2002

On June 28, 2002, BasicPhone, 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 60079. Applicant intends to remove the resale-only restriction to allow it to provide facilities-based, data, and resale telecommunications services.

The Application: Application of BasicPhone, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 26187.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than July 17, 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 26187.

TRD-200204177

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 2, 2002

Notice is given to the public of the filing with the Public Utility Commission of Texas a petition to reconcile fuel and purchased 0power expenses on June 28, 2002, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §36.203 and §36.205 (Vernon 1998 & Supplement 2002).

Docket Style and Number: Application of Southwestern Public Service Company: (1) Reconciliation of its Fuel and Purchase Power Costs for 2000 through 2001; and (2) Related Relief. Docket Number 26186.

The Application: On June 28, 2002, Southwestern Public Service Company (SPS) filed with the Public Utility Commission of Texas (Commission) the above styled and numbered proceeding seeking approval to recover $1,740,857.33 from Texas retail customers for fuel and purchased power expenses from January 1, 2000, through December 31, 2001 (Reconciliation Period) and for related relief.

SPS is an electric utility as defined in §31.002(b) of the Public Utility Regulatory Act, TEXAS UTILITIES CODE ANN. §§11.001-64.158 (Vernon 1998 & Supplement 2002) (PURA).

Commission has jurisdiction and authority over the subject matter of the application pursuant to §§36.203 and 36.205.

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

TRD-200204181

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 2, 2002

On June 27, 2002, Plum Creek Telephone Company, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its certificate of operating authority (COA) granted in COA Certificate Number 50007. Applicant intends to relinquish its certificate.

The Application: Application of Plum Creek Telephone Company, Inc. for an Amendment to Relinquish its Certificate of Operating Authority, Docket Number 26177.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than July 17, 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 26177.

TRD-200204176

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 2, 2002

On June 25, 2002, Vectris Telecom, Inc. filed an application with the Public Utility Commission of Texas (commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60327. Applicant intends to relinquish its certificate.

The Application: Application of Vectris Telecom, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 24179.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than July 17, 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 24179.

TRD-200204030

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 26, 2002

On June 25, 2002, EverConnect, 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 60178. Applicant intends to relinquish its certificate.

The Application: Application of EverConnect, Inc. to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 26163.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than July 17, 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 26163.

TRD-200204034

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 26, 2002

On June 24, 2002, G-Tel Enterprises, Inc. filed an application with the Public Utility Commssion of Texas (PUC) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60312. Applicant intends to relinquish its certificate.

The Application: Application of G-Tel Enterprises, Inc. for Relinquishment of its Service Provider Certificate of Operating Authority, Docket Number 26145.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than July 17, 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 26145.

TRD-200204036

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 26, 2002

On June 24, 2002, Rush Communications, Inc. filed an application with the Public Utility Commission of Texas (commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60416. Applicant intends to relinquish its certificate as it has no customers.

The Application: Application of Rush Communications, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 26152.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than July 17, 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 26152.

TRD-200204035

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 26, 2002

On June 28, 2002, Quintelco, Inc. filed an application with the Public Utility Commission of Texas (commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60146. Applicant intends to relinquish its certificate.

The Application: Application of Quintelco, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 26190.

Persons with questions about this docket, or who wish to intervene or otherwise participate in these proceedings should make appropriate filings or comments to the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326 no later than July 17, 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 26190.

TRD-200204180

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 2, 2002

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on June 26, 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 Habla Communicaciones, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 26170 before the Public Utility Commission of Texas.

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

Applicant's requested Service Provider Certificate of Operating Authority (SPCOA) geographic area includes the entire State of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512)936-7120 no later than July 17, 2002. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200204171

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 2, 2002

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on June 26, 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 Talk Unlimited Now, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 26173 before the Public Utility Commission of Texas.

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

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512)936-7120 no later than July 17, 2002. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200204172

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 2, 2002

The Public Utility Commission of Texas announces that it has entered into a major consulting contract with The Center for Research and Public Policy, affiliated with Sacred Heart University, with its offices at 101 Oakview Drive, Trumbull, CN 06611. This notice is being published pursuant to the provisions of Texas Government Code Ann., §2254.030. The purpose of the contract is to evaluate and monitor the customer education campaign required under Chapter 39 of the Texas Utilities Code to determine its efficacy and whether it is reaching target markets. The total amount of the contract will not exceed $300,000. The contract term is from June 25, 2002 to December 31, 2002.

TRD-200204144

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 28, 2002

The Public Utility Commission of Texas (commission) solicits comments concerning a proposal to require disclosure of certain information relating to each bilateral transaction for energy or capacity in Texas. Project Number 26188, Rulemaking Proceeding Concerning Disclosure of Information Related to Electricity Transactions Originating or Terminating in Texas , has been established for this proceeding.

Specifically, it has been proposed that each party to a wholesale electricity transaction within Texas, including the Electric Reliability Council of Texas (ERCOT), be required to report to the commission, on a monthly basis, the following information for each transaction originating or ending within the state upon completion of the transaction. The information filed would cover the calendar month ending 60 days previous. Information to be provided regarding each wholesale energy or capacity transaction in Texas would, at a minimum, include the following:

1. seller company name;

2. customer company name;

3. identify if buyer is an affiliate of seller;

4. identify what tariff, if any, under which the transaction was conducted;

5. contract execution date;

6. contract commencement date;

7. contract termination date;

8. actual termination date;

9. product classification, such as "firm," "non-firm," "capacity," etc.;

10. contract extension provisions;

11. product type name, such as "electric transmission," "market-based power," etc.;

12. whether contract is long term (greater than one year) or short term (less than one year);

13. product name, such as "spinning reserve," "capacity," "balancing energy," etc.;

14. quantity;

15. rate, including rate maximum and rate minimum; and

16. actual total compensation.

Within 30 days of receiving the information listed above from Texas wholesale buyers and sellers of electricity, the commission would make this information readily available to the public through the commission's electronic filing retrieval system to ensure adequate market transparency.

The commission solicits responses to the following questions concerning this proposal:

1. Does the commission have the authority to require the information specified for wholesale transactions that originate or terminate in Texas but neither originate nor terminate in ERCOT?

2. In terms of the impact on wholesale and retail competition in Texas, including ERCOT, what are the advantages and disadvantages to this proposal?

3. Are parts or all of the requested information publicly available in other filings before a government agency? If yes, please provide the names of agencies and their relevant filing requirements.

4. What impact would this proposal have on the commission's electronic filing retrieval system in terms of the volume of information filed? What alternatives exist for public dissemination of this information, other than through the commission's electronic filing retrieval system?

5. How does this proposal compare to reporting requirements imposed by the Federal Energy Regulatory Commission (FERC) under 18 CFR, Part 35, Subpart A for wholesale transactions within its jurisdiction? Are the reporting burdens associated with this proposal greater than, less than, or equivalent to those imposed under FERC's reporting requirements?

6. Please discuss the substantive content of the proposal. Is it too broad? Too limited? Are the reporting timeframes reasonable?

7. Are there alternative ways to achieve similar market transparency other than through this proposal? What are they?

8. What reported information should be made publicly available? What information should be treated confidentially? Why?

Comments concerning the issues presented herein may be filed no later than 3:00 p.m. on Monday, July 29, 2002 and reply comments may be filed no later than 3:00 p.m. on Thursday, August 8, 2002. Sixteen copies of comments and reply comments should be filed by the deadlines specified with the commission's Central Records Division, William B. Travis Building, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. All inquiries and comments concerning this issue should refer to Project Number 26188.

Persons with questions concerning this notice should contact Terri Eaton, Attorney, Legal Division, at (512) 936-7271 or terri.eaton@puc.state.tx.us. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at 512-936-7136.

TRD-200204189

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 2, 2002

On June 26, 2002, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and NII Communications, Ltd, 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 26176. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission's (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 26176. 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 July 25, 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 Public Utility Commission, 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 26176.

TRD-200204146

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 28, 2002

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

Docket Title and Number. Southwestern Bell Telephone Company Application for Approval of LRIC Study for SmartTrunk Inform911 Pursuant to the commission's Substantive Rule §26.215 on July 8, 2002, Docket Number 26171.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 26171. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the Public Utility Commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200204048

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 27, 2002

On June 26, 2002, USCom Telephone, Inc. and Verizon Southwest, 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 26175. The joint application and the underlying interconnection agreement are available for public inspection at the Public Utility Commission's (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 26175. 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 July 25, 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 Public Utility Commission, 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 26175.

TRD-200204145

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 28, 2002

On June 27, 2002, Level 3 Communications, LLC and TXU Communications Telephone Company doing business as TXU Communications, 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 & Supp. 2002) (PURA). The joint application has been designated Docket Number 26179. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The Public Utility Commission of Texas (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 26179. 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 July 26, 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 the commission’s 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 26179.

TRD-200204188

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 2, 2002

On June 27, 2002, Level 3 Communications, LLC and Fort Bend Telephone Company doing business as TXU Communications, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 26180. The joint application and the underlying interconnection agreement is available for public inspection at the Public Utility Commission’s (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 26180. 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 July 26, 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 the commission’s 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 26180.

TRD-200204187

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: July 2, 2002

As required by provisions of Chapter 2254.031, Texas Government Code, the University intends to extend the consultant contract services provided by Dr. David Garza who will serve in the capacity of the grant project's Co-Director, Steering Committee Associate, and Administrative Manager of the National Science Foundation Developmental Planning Grant for the South Texas Mathematics, Science and Technology Center for Learning and Teaching. The University entered into a contract with Dr. David Garza on November 23, 2001 through May 31, 2002, for fourteen (14) days of consultation at a rate of $433.00 per day equaling $6,062.00. He was also paid for assessed travel charges at an approximate total of $4,043.00 for the purpose to manage tasks required for the administration, planning, coordination and implementation of the proposed South Texas Center for Learning and Teaching. Total compensation for this contract was $10,105.00

Name of Contact.

Dr. David Garza

The University of Texas at Austin

Math & Science Ed. Center

Ctr. for Science E. Sanchez Bldg., Rm. 340

Austin, Tx 78712

Contract value and beginning and end dates.

Dr. Garza's period of assignment will be extended from June 1st, 2002 through August 31, 2002. He will provide the University of Texas-Pan American extra eight (8) days of consultation at a rate of $433.00 per day equaling $3,464.00. Approximate total compensation is $13,569.00 including extension.

Reports that consultant is required to present.

Consultant will perform the following up through August 31st, 2002.

1. Will serve in the capacity of the grant project's Co-Director, Steering Committee Associate, and Administrative Manager.

2. Will assist in the planning and coordination of all meetings (e.g., Steering Committee meetings, telephone conferences, focus meetings, retreats, video-conferences)

3. Will assist in the designation and development of contracts for expert consultants, contracts for organizational partners, and contracts for evaluators, as well in the evaluation of work completed by said partners.

4. Will coordinate the collection, assembling and analyses of SMT (Science, Mathematics and Technology) educational assessment data for SMT needs across Region I and 20 Education Systems in Texas.

5. Will develop and exchange letters of agreement among partners spelling out mutual responsibilities, objectives, commitments and resource sharing, as well as set up mechanisms for intercommunication and collaboration.

6. Will assist in the coordination of the grant proposal writing team and make contributions to the proposal itself.

For more information on this Consultant Contract, please contact:

Norma Dryer

Procurement Supervisor

Department of Materials Management

The University of Texas-Pan American

1201 West University Drive

Edinburg, TX 78541

Phone: 956-381-2160

Fax: 956-381-2164

E-mail: dryern@panam.edu

TRD-200204040

Francie A. Frederick

Counsel and Secretary to the Board

The University of Texas System

Filed: June 26, 2002