TITLE in-addition

Ark-Tex Council of Governments

Request for Proposal

The Ark-Tex Council of Governments (ATCOG) is soliciting proposals for the procurement of computer equipment, and printers.

The project is seeking six Pentium IV 2.533GHz desktops, five Pentium IV 2.0GHz laptops, three Fuji FinePix 2650 digital cameras, one each Hewlett Packard 1200se and Hewlett Packard 7550 Photo printers, eight Hewlett Packard 6122 DeskJet printers, and eleven 10' USB cables. Each computer must have twelve months of local dial-up unlimited Internet access. The proposal solicited will be for equipment, delivery, and three years warranty service on all parts and labor, and three years on-site service and lifetime technical support.

Potential respondents may obtain a copy of the request for proposal by contacting Bill Moss, Ark-Tex Council of Governments, P.O. Box 5307, Texarkana, Texas 75505-5307, or call (903) 832-8636. The deadline for proposal submission is Thursday, March 6, 2003, at 5:00 p.m.

TRD-200301196

Brenda Davis

Director, Finance and Administration

Ark-Tex Council of Governments

Filed: February 18, 2003


Office of the Attorney General

Contract Award

This publication is filed pursuant to Texas Government Code, Section 2254.030. The Request for Proposal was published in the December 20, 2002 issue of the Texas Register (27 Texreg 12043- 12047).

DESCRIPTION OF ACTIVITIES OF PRIVATE CONSULTANT:

The Office of the Attorney General of Texas (the "OAG") has entered into a major consulting services contract for the following services:

The OAG administers millions of dollars of federal funds for the Child Support (Title IV-D) and Medicaid (Title XIX) programs. The OAG recoups its indirect costs from these federal programs based on rates approved by the United States Department of Health and Human Services ("HHS"). Contractor will review the indirect cost methodologies of the OAG to determine areas of cost recovery which will maximize revenue from the recovery of indirect costs and will develop indirect cost rates throughout the OAG, as appropriate. Contractor will prepare Indirect Cost Allocation Plans for FY02 (based on actual expenditures) and for FY04 (based on budgeted expenditures) in accordance with OMB Circular A-87, for submission to HHS for federal approval and will negotiate approval of those plans with HHS. Contractor will also analyze existing legal billing rates of the OAG for purposes of reconciling those existing rates with actual costs of the OAG in providing the legal services and will provide to the OAG a report of that reconciliation. Contractor will develop the FY04 billing rates for legal services. Contractor will negotiate with HHS for approval of the FY04 billing rates. Finally, Contractor will provide guidance to the OAG in the implementation of these plans and billing rates.

NAME AND BUSINESS ADDRESS OF PRIVATE CONSULTANT:

The private consultant engaged by the OAG for these activities is Maximus, Inc., whose business address is 13601 Preston Road, Suite 400W, Dallas, TX 75240.

TOTAL VALUE AND TERM OF THE CONTRACT:

The total value of the contract is $49,000. The term of the contract began on February 13, 2003, and will terminate on August 31, 2003, unless federal approval is still pending for the plans. In such case, the contract will continue until August 31, 2004 for the sole purpose of obtaining the necessary federal approval.

DATES ON WHICH REPORTS ARE DUE:

The Indirect Cost Allocation Plans must be submitted to HHS no later than April 30, 2003. The final report regarding the FY04 billing rates for legal services must be submitted to the OAG no later than July 31, 2003.

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

TRD-200301230

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: February 19, 2003


Texas Health and Safety Code and Texas Water Code Enforcement Settlement Notice

Notice is hereby given by the State of Texas of the following proposed partial resolution of an environmental enforcement lawsuit under the Texas Health and Safety Code and the Texas Water Code. Before the State may settle a judicial enforcement action under the Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code.

Case Title and Court: Harris County, Texas, and the State of Texas v. TOPS Organic, L.L.C., d/b/a Copperfield/Cyfair Mulch Supply & Wood Recycling; Oliver Tyson, individually; Larry Cook, individually; Thomas Thurman, individually; and Jerry Cook, Trustee of the Cook Family Trust; Case No. 2002-03134, 281st District Court of Harris County, Texas.

Nature of Defendant's Operations: Defendant Jerry Cook, Trustee of the Cook Family Trust ("Defendant Cook Trust") is a party to the lawsuit. Defendant Cook Trust is the owner of the facility at 7800 1/2 Wright Road ("Wright Road Site"), Harris County, Texas, which is used for the collection, storage, transportation, processing, and disposal of municipal solid waste. Defendant Cook Trust, as owner of the Wright Road Site, is in violation of the rules of the Texas Commission on Environmental Quality that require a permit or other authorization to store, process, remove, or dispose of municipal solid waste, and that prohibit the collection, storage, transportation, processing, or disposal of municipal solid waste in such a manner as to endanger human health and welfare or the environment.

Proposed Agreed Judgment: The Agreed Interlocutory Judgment and Permanent Injunction enjoins Defendant Cook Trust to take action necessary to secure its compliance with the rules of the Texas Commission on Environmental Quality, the Texas Solid Waste Disposal Act, and the Texas Water Code. The Agreed Interlocutory Judgment and Permanent Injunction further requires Defendant Cook Trust to pay Twenty-Five Thousand Dollars and no cents ($25,000.00) in civil penalties, to be divided equally between Harris County and the State of Texas. Such civil penalties will be deferred provided Defendant Cook Trust completes all injunctive requirements no later than October 1, 2003. The judgment further provides that Defendant Cook Trust will pay to the State of Texas attorney's fees in the amount of Two-Hundred Fifty Dollars and no cents ($250.00), and pay to Harris County, Texas, attorney's fees in the amount of Four Thousand Five Hundred Dollars and no cents ($4,500.00). Defendant is also required to pay half of costs of court.

For a complete description of the proposed settlement, the complete proposed Agreed Interlocutory Judgment and Permanent Injunction with Regard to Defendant Jerry Cook, Trustee of the Cook Family Trust, should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement, should be directed to Howard S. Slobodin, Assistant Attorney General, Office of the Texas Attorney General, P. O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

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

TRD-200301238

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: February 19, 2003


Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. Requests for federal consistency review were deemed administratively complete for the following projects(s) during the period of February 7, 2003, through February 13, 2003. The public comment period for these projects will close at 5:00 p.m. on March 21, 2003.

FEDERAL AGENCY ACTIONS:

Applicant: R. R. Ryan Investments, Inc.; Location: The project is located on Galveston Bay, at 7500 Harborside Drive, in Galveston, Galveston County. The project can be located on the U.S.G.S. quadrangle map entitled: Galveston, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 319678; Northing: 3241956. Project Description: The applicant proposes to: (1) hydraulically dredge 70,635 cubic yards of material from areas A, B, C, and D of the proposed project plans, placing dredge material onsite for later onsite upland usage; (2) excavate a 50- by 350-foot (0.40 acre) graving dock with 165 feet of concrete bottom; and (3) construct 1,851 feet of steel bulkhead along the Galveston Bay shoreline and the graving canal. The applicant has completed the unauthorized placement of 0.24 acres of fill material into Galveston Bay resulting in more than the minimum necessary for erosion protection; the excavation of a 0.40-acre canal; and the construction of 750 feet of bulkhead along the east shoreline of Galveston Bay, as well as within the graving dock. CCC Project No.: 03-0015-F1; Type of Application: U.S.A.C.E. permit application After-the-Fact #22853 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §125-1387). NOTE: The CMP consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act.

Applicant: Glenn Forman, Jr.; Location: The project is located on Galveston Bay adjacent to the Jambalaya Connection Restaurant, 6428 Harborside Drive, Galveston, Galveston County.. The project can be located on the U.S.G.S. quadrangle map entitled: Galveston, Texas. Approximate UTM Coordinates: Zone: 15; Easting: 320576; Northing: 3242153. Project Description: After-the-fact: The applicant has placed approximately 49 cubic yards of fill dirt and broken concrete slabs below the mean high tide line along the shoreline of Galveston Bay. Specifically, material was placed into the bay approximately 13 feet north of the northern shoreline, and approximately 9 feet east of the eastern shoreline. This unauthorized fill covers approximately 0.06 acres of shallow-water habitat. The applicant proposes to retain the fill for shoreline erosion protection to maintain piling foundation and to ensure safety of building structure and improvements. In addition to the after-the-fact work, the applicant requests authorization to place fill to the east of the existing restaurant parking lot to provide shoreline protection and to extend the shoreline waterward, so that an existing sewage field and pipeline are a minimum distance of 75 feet from the shoreline, as required by Galveston County sewage codes. The applicant proposes to place an 8-foot-wide strip of riprap within the bay below mean high tide, and then to place fill in the area extending from the proposed riprap to the north curb of Harborside Drive. The area proposed to be filled contains approximately 0.3 acres of shallow-water habitat, 0.20 acres of freshwater wetlands, and 0.05 acres of tidally-influenced wetlands--this information has not been verified. CCC Project No.: 03-0040-F1; Type of Application: U.S.A.C.E. permit application After-the-Fact #22669 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §125-1387). NOTE: The CMP consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act.

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

Further information on the applications listed above may be obtained from Ms. Diane P. Garcia, Council Secretary, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or diane.garcia@glo.state.tx.us. Comments should be sent to Ms. Garcia at the above address or by fax at 512/475-0680.

TRD-200301229

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: February 19, 2003


Comptroller of Public Accounts

Notice of Contract Award

Notice of Award: Pursuant to Chapter 2254, Chapter B, and Sections 403.011 and 403.020 Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces this notice of consulting contract award.

The notice of request for proposals (RFP #150a) was published in the December 13, 2002, issue of the Texas Register at 27 TexReg 11832.

The consultant will assist Comptroller in conducting a management and performance review of the Venus Independent School District.

The contract was awarded to Texas Public School Consulting, Inc., 23504 Lori Way, San Antonio, Texas 78258. The total amount of this contract is not to exceed $79,650.00.

The term of the contract is February 16, 2003 through August 31, 2003. The final report is due on or before June 2, 2003.

TRD-200301191

Pamela Ponder

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: February 18, 2003


Notice of Request for Proposals

Notice of Request for Proposals: Pursuant to Chapter 2254, Subchapter B, and Chapter 403, Section 403.028, Texas Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP #154a) from qualified, independent registered nurse consultants to provide consulting services to Comptroller in conducting a Health Care Claims Study (Study) of the state employees' Medicaid and Workers' Compensation Insurance Programs. Comptroller issues this Request for Proposals (RFP) to solicit proposals for medical documentation reviews and prescription documentation reviews of state Medicaid medical records and documentation as described in this RFP and any contract(s), if any, resulting from it. Comptroller reserves the right, in its sole discretion, to award one or more contracts for the services requested by this RFP. The successful respondent(s) will be expected to begin performance of the contract or contracts, if any, on or about April 14, 2003.

Contact: Parties interested in submitting a proposal should contact Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick-up at the above-referenced address on Friday, February 28, 2003, between 2 p.m. and 5 p.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller also made the complete RFP available electronically on the Texas Marketplace at: http://esbd.tbpc.state.tx.us after 2 p.m. (CZT) on Friday, February 28, 2003.

Mandatory Letters of Intent and Questions: All Mandatory Letters of Intent and questions regarding the RFP must be sent via facsimile to Mr. Harris at: (512) 475-0973, not later than 2:00 p.m. (CZT), on Monday, March 17, 2003. Official responses to questions received by the foregoing deadline will be posted electronically on the Texas Marketplace no later than March 21, 2003, or as soon thereafter as practical. Mandatory Letters of Intent received after the 2:00 p.m., March 17th deadline will not be considered. Respondents shall be solely responsible for confirming the timely receipt of Mandatory Letters of Intent to propose.

Closing Date: Proposals must be received in Assistant General Counsel's Office at the address specified above (ROOM G-24) no later than 2 p.m. (CZT), on Friday, March 28, 2003. Proposals will not be accepted from respondents that do not submit Mandatory Letters of Intent by the March 17, 2003, deadline. Respondents shall be solely responsible for confirming the timely receipt of proposals.

Evaluation and Award: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. Comptroller will make the final decision regarding the award of a contract or contracts. Comptroller reserves the right to award one or more contracts under this RFP. Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is under no legal or other obligation to execute any contracts on the basis of this notice or the distribution of any RFP. Comptroller shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - February 28, 2003, 2 p.m. CZT; All Mandatory Letters of Intent and Questions Due - March 17, 2003, 2 p.m. CZT; Official Responses to Questions Posted - March 21, 2003, or as soon thereafter as practical; Proposals Due - March 28, 2003, 2 p.m. CZT; Contract Execution - April 14, 2003, or as soon thereafter as practical; Commencement of Project Activities - April 14, 2003.

TRD-200301233

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: February 19, 2003


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in 303.003, 303.009, and 304.003, Tex. Fin. Code.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 02/24/03 -- 03/02/03 is 18% for Consumer 1 /Agricultural/Commercial 2 /credit thru $250,000.

The weekly ceiling as prescribed by Sec. 303.003 and Sec. 303.009 for the period of 02/24/03 -- 03/02/03 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by Sec. 304.003 for the period of 03/01/03 -- 03/31/03 is 10% for Consumer/Agricultural/Commercial/credit thru $250,000.

The judgment ceiling as prescribed by Sec. 304.003 for the period of 03/01/03 -- 03/31/03 is 10% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-200301235

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: February 19, 2003


Credit Union Department

Notice of Final Action Taken

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

Application(s) to Expand Field of Membership - Approved

Medical Community Credit Union, Odessa, Texas - See Texas Register issue dated November 29, 2002.

MemberSource Credit Union, Houston, Texas - See Texas Register issue dated December 27, 2002.

Application(s) for a Merger or Consolidation

Top O'Tec Credit Union and Access Credit Union - See Texas Register issue dated November 29, 2002.

Terrell Community Credit Union and Lone Star Credit Union - See Texas Register issue dated November 29, 2002.

TRD-200301228

Harold E. Feeney

Commissioner

Credit Union Department

Filed: February 19, 2003


Deep East Texas Local Workforce Development Board

Public Notice Correction

The Deep East Texas Local Workforce Development Board (WDB) issues this public notice of its annual strategic and operational Plan Modification. The Deep East Texas Local Workforce Development Board is responsible for the implementation of workforce development programs throughout its Board area, which includes the following 12 counties: Angelina, Houston, Jasper, Nacogdoches, Newton, Polk, Sabine, San Augustine, San Jacinto, Shelby, Trinity, and Tyler. The Board’s Integrated Plan Modification for program year 2003 and fiscal year 2004 will be submitted to the Texas Workforce Commission no later than March 21, 2003. At a minimum, the Integrated Plan Modification will include: Strategic goals and objectives, and service delivery strategies for businesses, adults, dislocated workers, and youth. Workforce programs and services covered in this strategic and operational Plan Modification include: Workforce Investment Act, Food Stamp Employment & Training, Choices, Reintegration of Offenders, Child Care, TAA, and more.

The Deep East Texas Local Workforce Development Board will make available to the public a draft of its strategic and operational Plan Modification for the plan year of July 1, 2003 through June 30, 2004. The public comment period will begin on February 14, 2003 and will end at the close of business on: March 14, 2003. The general public may access the document on the Board’s website at www.detwork.org, or receive a copy of the draft Plan Modification document at the following physical address: 1318-C South John Redditt, Lufkin, Texas, or by calling (936) 639-8898. Public comments must be submitted in writing to the following postal address: 1318-C South John Redditt, Lufkin, Texas 75904, faxed to the following number: (936) 633-7491, or e-mailed to the following individual: Marilyn Hartsook at the following Internet e-mail address: marilyn.hartsook@twc.state.tx.us. The deadline for receipt of comments is 5:00 p.m. on March 14, 2003. All comments will be submitted to the Texas Workforce Commission and incorporated as part of the Board’s Plan Modification. For more information, call Marilyn Hartsook at (936) 639-8898. The Deep East Texas Local Workforce Development Board is an equal opportunity organization. Auxiliary aids or services are available upon request to those individuals with disabilities. For extra assistance, please contact us at (936) 639-8898.

TRD-200301197

Marilyn Hartsook

Planner

Deep East Texas Local Workforce Development Board

Filed: February 18, 2003


Texas Commission on Environmental Quality

Enforcement Orders

An agreed order was entered regarding Las Palmas Veterinary Hospital, Docket No. 1999-1563- AIR-E on February 7, 2003 assessing $9,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lisa Lemanczyk, Staff Attorney at (512)239-5915, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Marathon Ashland Petroleum, LLC, Docket No. 2001- 0575-AIR-E on February 7, 2003 assessing $75,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lisa Dyer, Staff Attorney at (512)239-5692, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BASF FINA Petrochemicals Limited Partnership, Docket No. 2002-0808-AIR-E on February 7, 2003 assessing $5,000 in administrative penalties with $1,000 deferred.

Information concerning any aspect of this order may be obtained by contacting Laura Clark, Enforcement Coordinator at (409)899-8760, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Brothers Materials, Ltd., Docket No. 2002-0659-AIR-E on February 7, 2003 assessing $10,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Thomas Greimel, Enforcement Coordinator at (512)239-5690, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CR/PL, L.L.C., Docket No. 2002-0579-IHW-E on February 7, 2003 assessing $12,500 in administrative penalties with $2,500 deferred.

Information concerning any aspect of this order may be obtained by contacting Thomas Greimel, Enforcement Coordinator at (512)239-5690, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Cloud Construction Company, Inc., Docket No. 2002- 0617-PST-E on February 7, 2003 assessing $6,000 in administrative penalties with $1,200 deferred.

Information concerning any aspect of this order may be obtained by contacting Carl Schnitz, Enforcement Coordinator at (512)239-1892, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Dameron Oil Co., Docket No. 2002-0534-PST-E on February 7, 2003 assessing $1,000 in administrative penalties with $200 deferred.

Information concerning any aspect of this order may be obtained by contacting Sarah Slocum, Enforcement Coordinator at (512)239-6589, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Von's Establishment Inc. dba Dazzy's Mini Market, Docket No. 2002-0368-PST-E on February 7, 2003 assessing $10,000 in administrative penalties with $9,400 deferred.

Information concerning any aspect of this order may be obtained by contacting Judy Fox, Enforcement Coordinator at (817)588-5825, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding The Dow Chemical Company, Docket No. 2002-0689- IHW-E on February 7, 2003 assessing $9,500 in administrative penalties with $1,900 deferred.

Information concerning any aspect of this order may be obtained by contacting Catherine Sherman, Enforcement Coordinator at (713)767-3624, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Johns Manville, Docket No. 2002-0865-AIR-E on February 7, 2003 assessing $3,150 in administrative penalties with $630 deferred.

Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator at (817)588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Imperial Sugar Company, Docket No. 2002-0396-PST-E on February 7, 2003 assessing $8,500 in administrative penalties with $1,700 deferred.

Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (713)767-3607, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Hidde Osinga dba Hidde Osinga Dairy, Docket No. 2001- 1093-AGR-E on February 7, 2003 assessing $8,750 in administrative penalties with $8,150 deferred.

Information concerning any aspect of this order may be obtained by contacting Kimberly McGuire, Enforcement Coordinator at (713)422-8938, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding the Texas Department of Public Safety, Docket No. 2002- 0729-PST-E on February 7, 2003 assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting Dan Landenberger, Enforcement Coordinator at (915)570-1359, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Synergistic Environmental Systems, Inc., Docket No. 2001-1232-IHW-E on February 7, 2003 assessing $73,100 in administrative penalties with $72,500 deferred.

Information concerning any aspect of this order may be obtained by contacting Sushil Modak, Enforcement Coordinator at (512)239-2142, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Archer Daniels Midland Co. dba Southern Cotton Oil Company, Docket No. 2002-0177-AIR-E on February 7, 2003 assessing $1,875 in administrative penalties with $375 deferred.

Information concerning any aspect of this order may be obtained by contacting George Ortiz, Enforcement Coordinator at (915)698-9674, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Site Concrete, Incorporated, Docket No. 2002-0787-AIR- E on February 7, 2003 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, P.E., Enforcement Coordinator at (817)588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Quinlan, Docket No. 2001-1343-MWD-E on February 7, 2003 assessing $15,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Katharine Hodgins, SEP Coordinator at (512)239-6122, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Pebble Creek Joint Venture, Docket No. 2002-0702- EAQ-E on February 7, 2003 assessing $3,750 in administrative penalties with $750 deferred.

Information concerning any aspect of this order may be obtained by contacting Lawrence King, Enforcement Coordinator at (512)339-2929, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding New Wal-Tex Corporation dba Rendon Chevron, Docket No. 2001-1471-PST-E on February 7, 2003 assessing $15,000 in administrative penalties with $8,500 deferred.

Information concerning any aspect of this order may be obtained by contacting David Van Soest, Enforcement Coordinator at (512)239-0468, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding National Rail Car Inc., Docket No. 2002-0386-AIR-E on February 7, 2003 assessing $5,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting George Ortiz, Enforcement Coordinator at (915)698-6106, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding F.J. Baba dba Baba Boys Grocery, Docket No. 2000- 0131-PST-E on February 7, 2003 assessing $3,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lisa Lemanczyk, Staff Attorney at (512)239-5915, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Greenwood Place Civic Club, Inc., Docket No. 2001- 0473-PWS-E on February 7, 2003 assessing $150 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting David Speaker, Staff Attorney at (512)239-2548, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Rod Walston dba Rose Hill Ranchettes Mobile Home Subdivision, Docket No. 2002-0676-PWS-E on February 7, 2003 assessing $4,063 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Robin Champan, Staff Attorney at (512)239-0497, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding C. W. Guthrie, Docket No. 2001-1530-MSW-E on February 7, 2003 assessing $4,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Alfred Okpohworho, Staff Attorney at (713)422-8918, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Erin Elaine Henderson dba Hollywood Corner, Docket No. 2001-1197-PST-E on February 7, 2003 assessing $13,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Robin Chapman, Staff Attorney at (512)239-0497, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Eddy Quiroga dba Quiroga Trucking, Docket No. 2002- 0053-PST-E on February 7, 2003 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Shannon Strong, Staff Attorney at (512)239-6201, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Brotherton Water Supply Corporation, Docket No. 2002- 0592-PWS-E on February 7, 2003 assessing $500 in administrative penalties with $100 deferred.

Information concerning any aspect of this order may be obtained by contacting Brian Lehmkuhle, Enforcement Coordinator at (512)239-4482, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding East Rio Hondo Water Supply Corporation, Docket No. 2002-0277-PWS-E on February 7, 2003 assessing $21,088 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Katharine Hodgins, Staff Attorney at (512)239-6122, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Garansuay Group, Inc., Docket No. 2002-0732-PWS-E on February 7, 2003 assessing $100 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rebecca Clausewitz, Enforcement Coordinator at (210)403-4012, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Hydro-Walk Energy, Inc., Docket No. 2002-0601-PST-E on February 7, 2003 assessing $10,000 in administrative penalties with $2,000 deferred.

Information concerning any aspect of this order may be obtained by contacting John Barry, Enforcement Coordinator at (409)899-8781, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding George West Truck Stop, Inc., Docket No. 2002-0180- PST-E on February 7, 2003 assessing $9,375 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Edward Moderow, Enforcement Coordinator at (361)825-3288, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Delia Luke dba Chaparral RV Park, Docket No. 2002- 0369-PWS-E on February 7, 2003 assessing $4,250 in administrative penalties with $850 deferred.

Information concerning any aspect of this order may be obtained by contacting Shawn Stewart, Enforcement Coordinator at (512)239-6684, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Minyard Food Stores, Inc., Docket No. 2002-0707-PST-E on February 7, 2003 assessing $10,500 in administrative penalties with $2,100 deferred.

Information concerning any aspect of this order may be obtained by contacting Wendy Cooper, Enforcement Coordinator at (817)588-5867, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding McAllen Hospitals, L. P. dba McAllen Heart Hospital, Docket No. 2002-0506-PST-E on February 7, 2003 assessing $5,625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sandra Alanis, Enforcement Coordinator at (956)430-6044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Little Nutt Oil Co., Docket No. 2002-0817-PST-E on February 7, 2003 assessing $5,000 in administrative penalties with $1,000 deferred.

Information concerning any aspect of this order may be obtained by contacting John Barry, Enforcement Coordinator at (409)899-8781, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Lambert Oil Company, Inc., Docket No. 2002-0822-PST- E on February 7, 2003 assessing $9,500 in administrative penalties with $1,900 deferred.

Information concerning any aspect of this order may be obtained by contacting Carolyn Easley, Enforcement Coordinator at (915)698-9674, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Ladonia, Docket No. 2002-0577-PWS-E on February 7, 2003 assessing $500 in administrative penalties with $100 deferred.

Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (817)588-5886, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Joycie Longmiles dba Yellow Rose Tavern, Docket No. 2001-1042-PWS-E on February 7, 2003 assessing $3,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Shannon Strong, Staff Attorney at (512)239-6201, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Ajith Senaratne dba Quick Pick, Docket No. 2002-0349- PST-E on February 7, 2003 assessing $9,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting David Speaker, Staff Attorney at (512)239-2548, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Azman Incorporated dba Shoppers Mart 1, Docket No. 2002-0522-PST-E on February 7, 2003 assessing $1,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Laurencia Fasoyiro, Staff Attorney at (713)422-8914, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Fair Road Properties, Inc. dba Light Ranch Estates, Docket No. 2002-0032-PWS-E on February 7, 2003 assessing $14,413 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Robin Chapman, Staff Attorney at (512)239-0497, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200301210

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 18, 2003


Notice of Determination to Rescind Monitoring General Operating Permits

The Texas Commission on Environmental Quality (commission or TCEQ) under 30 TAC Chapter 122 is rescinding the compliance assurance monitoring (CAM) general operating permit (GOP) numbers one and two, and the periodic monitoring GOP numbers one and two. In a deficiency notice regarding the commission's Federal Operating Permit Program, the United States Environmental Protection Agency (EPA) stated that the commission's use of GOPs to implement periodic monitoring and CAM did not comply with 40 Code of Federal Regulations (CFR) Part 70. The basis of EPA's position was that the monitoring GOPs did not contain all the requirements for 40 CFR Part 70 permits, as set forth in 40 CFR §70.6. The commission adopted changes to Chapter 122 to address the deficiency notice. Since the commission eliminated the monitoring GOP process, the executive director will no longer issue monitoring GOPs. Subsequently, this notice rescinds CAM GOP numbers one and two, and periodic monitoring GOP numbers one and two. Federal operating permit holders and applicants shall follow the new CAM and periodic monitoring procedures and schedules contained in Chapter 122. Please note that CAM and periodic monitoring guidance is available on the TCEQ Web site at http://www.tnrcc.state.tx.us/permitting/airperm/ opd/pdfsub/forms_guide.htm.

The rescission of CAM GOP numbers one and two and periodic monitoring GOP numbers one and two was subject to the procedural requirements of §122.506, which included a 30-day public comment period. Any person who may have been affected by the rescission of either CAM or periodic monitoring GOPs numbers one and two had the opportunity to request a notice and comment hearing on the subject rescission during the 30-day public notice comment period. The 30-day comment period began October 25, 2002 and concluded on November 25, 2002. No comments were received and there was no request for a notice and comment hearing.

To inquire about this determination to rescind the CAM and periodic monitoring GOPs, contact Mr. Steven Hagood at (512) 239-1580 or by e-mail at Shagood@tceq.state.tx.us.

TRD-200301201

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: February 18, 2003


Notice of Intent to Perform Removal Action at the Crim Hammett State Superfund Site

The executive director of the Texas Commission on Environmental Quality (TCEQ or commission) hereby issues public notice of intent to perform a removal action, as provided by Texas Health and Safety Code (THSC), §361.133, for the Crim Hammett state Superfund site (the site). The site, including all land, structures, appurtenances, and other improvements, is approximately 3.6 acres located at 801 Highway 64 in Henderson, Rusk County, Texas. The site also includes any areas where hazardous substances have come to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.

The site was owned by members of the Crim family from September 1928 to April 1990, at which time it was sold to Mr. Hammett, who learned of the site contamination when he attempted to re-sell the property. The contaminants of concern at the site are lead, benzene, ethylbenzene, toluene, and xylenes (total). In reviewing the data, it is believed the source of the lead contamination comes from the battery chips used as fill material when the previous owner filled in a portion of a lake at the site. The source of the benzene, ethylbenzene, toluene, and xylenes (total) is a leaking underground storage tank. Both sources are a threat to the groundwater beneath the site.

The site is proposed for listing under THSC, Chapter 361, Subchapter F.

The site removal can be completed without extensive investigation and planning and will achieve a significant cost reduction for the site. To ensure that the battery chips do not impact the groundwater in the future, an excavation and removal of the battery chips will be completed. The removal action will also include a removal of the leaking underground storage tank and soil to minimize the impact on the groundwater. These removal objectives can be achieved at the site without a detailed and extensive design process. Thus, the significant costs associated with that process can be averted.

A portion of the records for this site is available for review during regular business hours at the Rusk County Library, 106 East Main Street, Henderson Texas 75652-3117, (903) 657-8557. Copies of the complete public record file may be obtained during regular business hours at the commission's Records Management Center, Building E, First Floor, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, telephone numbers (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, please contact Mr. Dan Switek, project manager, TCEQ, Remediation Division, at (512) 239-4132, or Mr. Bruce McAnally, Community Relations coordinator, TCEQ, at (512) 239-2141.

TRD-200301202

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 18, 2003


Notice of Intent to Perform Removal Action at the El Paso Plating Works State Superfund Site

The executive director of the Texas Commission on Environmental Quality (TCEQ or commission) hereby issues public notice of intent to perform a removal action, as provided by Texas Health and Safety Code (THSC), §361.133, for the El Paso Plating Works state Superfund site (the site). The site, including all land, structures, appurtenances, and other improvements, is approximately 1/4 acre, located at 2422 Wyoming Avenue in El Paso, El Paso County, Texas. The site also includes any areas where hazardous substances have come to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.

The facility was in operation from approximately 1955 through 1995, during which time the facility plated chromium, zinc, nickel, and copper to metal parts. The contaminants of concern at the site are metals.

The site is proposed for listing under THSC, Chapter 361, Subchapter F. A removal can be completed without extensive investigation and planning and will achieve a significant cost reduction for the site. The remedial objectives of the site can be achieved through a technically uncomplicated removal action. The removal action will consist of excavation of contaminated soils. Thus, a detailed and extensive design process is unnecessary in this case, and the significant costs associated with that process can be averted.

A portion of the records for this site is available for review during regular business hours at the El Paso Public Library, 501 North Oregon, El Paso, Texas 79901, phone number (915) 543-5433. Copies of the complete public record file may be obtained during regular business hours at the commission's Records Management Center, Building E, First Floor, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, telephone numbers (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, please contact Ms. Carol Dye, project manager, TCEQ, Remediation Division, at (512) 239-1504 or Ms. Janie Montemayor, Community Relations Coordinator, TCEQ, Remediation Division, at (512) 239-3844.

TRD-200301203

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 18, 2003


Notice of Intent to Perform Removal Action at the Kingsbury Metal Finishing State Superfund Site

The executive director of the Texas Commission on Environmental Quality (TCEQ or commission) hereby issues public notice of intent to perform a removal action, as provided by Texas Health and Safety Code (THSC), §361.133, for the Kingsbury Metal Finishing state Superfund site (the site). The site, including all land, structures, appurtenances, and other improvements, is approximately 14.9 acres, located at 1720 Farm-to-Market Road 1104, in Kingsbury, Guadalupe County, Texas. The site also includes any areas where hazardous substances have come to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.

The facility was in operation from approximately 1986 through 1997, during which time the facility plated zinc and chromium to metal parts. The contaminants of concern at the site are metals.

The site is proposed for listing under THSC, Chapter 361, Subchapter F. A removal can be completed without extensive investigation and planning and will achieve a significant cost reduction for the site. The remedial objectives of the site can be achieved through a technically uncomplicated removal action. The removal action will consist of excavation of contaminated soils. Thus, a detailed and extensive design process is unnecessary in this case, and the significant costs associated with that process can be averted.

A portion of the record for this site is available for review during regular business hours at the Seguin-Guadalupe County Public Library, 707 East College Street, Seguin, Texas 78155, (830) 401- 2422. Copies of the complete public record file may be obtained during regular business hours at the commission's Records Management Center, Building E, First Floor, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, telephone numbers (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, please contact Ms. Carol Dye, project manager, TCEQ, Remediation Division, at (512) 239-1504 or Ms. Janie Montemayor, Community Relations Coordinator, TCEQ, Remediation Division, at (512) 239-3844.

TRD-200301204

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 18, 2003


Notice of Intent to Perform Removal Action at the Melton Kelly Property State Superfund Site

The executive director of the Texas Commission on Environmental Quality (TCEQ or commission) hereby issues public notice of intent to perform a removal action, as provided by Texas Health and Safety Code §361.133, for the Melton Kelly Property state Superfund site (the site). The site, including all land, structures, appurtenances, and other improvements, is approximately 46 acres located at County Road 3250 in Chatfield, Navarro County, Texas. The site also includes any areas where hazardous substances have come to be located as a result, either directly or indirectly, of releases of hazardous substances from the site. The site is a rural ranch where an illegal wire burning operation took place. Construction material was carted to the site and burned with the purpose of collecting the metal deposited after the burning of the material. The contaminants of concern are metals (principally arsenic, lead, copper, cadmium, barium, manganese, nickel, selenium, silver, and zinc). The groundwater and surface water have not yet been impacted.

The site is proposed for listing under 30 TAC Chapter 350, Subchapter F. In order to be sure that the metals do not impact the groundwater in the future, a removal of the metal contamination will be appropriate. A removal can be completed without extensive investigation and planning and will achieve a significant cost reduction for the site. The remedial objectives of the site can be achieved through a technically uncomplicated removal action. The removal action will consist of excavation of contaminated soils. Thus, a detailed and extensive design process is unnecessary in this case, and the significant costs associated with that process can be averted.

A portion of the record for this site is available for review during regular business hours at the Corsicana Public Library, 100 North 12th Street, Corsicana, Texas 75110, (903) 654-4810. Copies of the complete public record file may be obtained during business hours at the commission's Records Management Center, Building E, First Floor, North Entrance, Room 190, 12100 Park 35 Circle, Austin, Texas 78753, telephone numbers (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, please contact, Barry Lands, project manager, TCEQ, Remediation Division, at (512) 239-6547.

TRD-200301205

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 18, 2003


Notice of Opportunity for Comments

The Texas Commission on Environmental Quality (TCEQ), under 30 TAC Chapter 116, is providing an opportunity for public comment in order to receive comments concerning a proposed amendment to the List of De Minimis Facilities or Sources authorized by 30 TAC §116.119.

The TCEQ received a request to add crude oil pipeline segment isolation valve sites to the List of De Minimis Facilities or Sources. Section 116.119 allows for amendments to the list by the executive director for facilities which do not require authorization from the TCEQ. Since pipelines carry crude oil, refinery raw materials, fuel, and lubricating products normally handled in bulk volumes through the same pipeline, the TCEQ evaluated other liquids and gases. These liquids and gases include: sweet and sour crude oil, sweet and sour natural gas, and liquid petroleum gas. The TCEQ also evaluated the following commercial bulk fuel and lubricating oil refinery products: kerosene, diesel, fuel oil, lubricating oils, and gasoline with up to 10% benzene and up to 15% methyl tertiary-butyl ether (MTBE).

Pipeline isolation valve sites which meet the following four criteria and are one of the liquids or gases listed as follows are de minimis. The criteria are: 1) the sites may have a maximum of three valves; 2) the site is not otherwise authorized for air emissions; 3) the site is located more than 50 feet from any other stationary volatile organic compound source of the de minimis pollutant; and 4) the pipeline does not contain a pollutant specified in an area on the TCEQ air pollutant watch list. The liquids or gases are: gasoline ≤10% by weight benzene and ≤15% by weight MTBE; diesel; fuel oil; liquid petroleum gas; sweet crude oils; lubricating oils; weathered/processed crude; water/light oil; sweet natural gas; sour natural gas ≤23,100 parts per million by volume hydrogen sulfide; sour crude ≤39,300 parts per million by weight hydrogen sulfide; and mixtures of the previously listed items.

The addition or deletion of a category of facilities, sources, or groups of facilities or sources to the List of De Minimis Facilities or Sources is subject to the procedural requirements of 30 TAC §116.119, which include a 30-day public comment period. The List of De Minimis Facilities and Sources is located on the TCEQ Web site at: http://www.tnrcc.state.tx.us/permitting/airperm /nsr_permits/ demlist.pdf. Any person who may be affected by the addition or deletion of a category of facilities, sources, or groups of facilities or sources to the List of De Minimis Facilities or Sources has the opportunity to provide written comments.

Comments may be mailed to Mr. Steven Hagood, Texas Commission on Environmental Quality, Office of Permitting, Remediation and Registration, Air Permits Division, MC 163, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1070. Comments must be received by 5:00 p.m., March 31, 2003. To inquire about the technical review of the de minimis request, contact Mr. John Gott at (512) 239-1238.

TRD-200301207

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: February 18, 2003


Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director (ED) of the commission in accordance with 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 March 31, 2003 . The commission will consider any written comments received and the commission 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 the commission's jurisdiction, or orders and permits issued in accordance with the commission'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 the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 31, 2003 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's 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 commission in writing .

(1) COMPANY: Carolyn Krone; DOCKET NUMBER: 2001-0842-IHW-E; TCEQ ID NUMBER: none; LOCATION: 104 Elk Cove, Gun Barrel City, Henderson County, Texas; TYPE OF FACILITY: unauthorized hazardous waste storage; RULES VIOLATED: 30 TAC §335.6(a), by failing to provide notification to the TCEQ regarding the storage of industrial and hazardous waste; 30 TAC §335.4 and TWC, §26.121, by failing to prevent a discharge of industrial and hazardous waste adjacent to or into the waters of the state; 30 TAC § 335.2(a) and §335.43(a), by failing to obtain a permit for the storage of hazardous waste; PENALTY: $12,000; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(2) COMPANY: Fortson Contracting, Inc.; DOCKET NUMBER: 2002-0068-AIR-E; TCEQ ID NUMBER: NB-0150-I; LOCATION: 772 Farm-to-Market Road 1126, Rice, Navarro County, Texas; TYPE OF FACILITY: highway guardrail repair; RULES VIOLATED: 30 TAC §111.201 and Texas Health and Safety Code, §382.005(b), by conducting outdoor burning of unauthorized materials; PENALTY: $3,000; STAFF ATTORNEY: Diana Grawitch, Litigation Division, MC 175, (512) 239- 0939; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Forth Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Seung Jae Lee dba Young's Mart 2 and John Cha dba Young's Mart 2; DOCKET NUMBER: 2001-1166-PST-E; TCEQ ID NUMBER: 61902; LOCATION: 1710 South Texas Boulevard, Alice, Jim Wells County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 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 underground storage tanks (USTs); 30 TAC §334.8(c)(4)(B) and TWC, §26.346(a), by failing to obtain a valid, current delivery certificate; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before delivery of a regulated substance into the UST system; 30 TAC §334.50(b)(1)(A), (2)(A), and (2)(A)(i)(III), and TWC, §26.3475, by failing to monitor USTs for releases at a frequency of at least once every month and failing to monitor pressurized piping of the UST system in a manner designed to detect releases from any portion of the piping system, and failing to test a line leak detector at least once per year for performance and operational reliability; 30 TAC §334.48(c), by failing to conduct appropriate inventory control procedures; PENALTY: $38,500; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(4) COMPANY: Thoroughbred Properties, Inc. dba Douglass General Store; DOCKET NUMBER: 2002-0307-PST-E; TCEQ ID NUMBER: 0002202; LOCATION: Route 1, Box 2275 on Farm-to-Market Road 21 West, Douglass, Nacogdoches County, Texas; TYPE OF FACILITY: retail gasoline station; RULES VIOLATED: 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate prior to delivery of a regulated substance into the UST systems; 30 TAC §334.8(c)(4)(B), and TWC §26.346(a), by failing to ensure that the UST registration and self-certification form is fully and accurately completed, and submitted to the agency in a timely manner; 30 TAC §37.815(a)(1) and (b)(1), 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 §334.49(a) and TWC, §26.3475(d), by failing to have corrosion protection for the UST system; 30 TAC §334.10(b), by failing to maintain records relating to the operation and maintenance of a UST system for at least five years; PENALTY: $11,500; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898- 3838.

TRD-200301194

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 18, 2003


Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with 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 March 31, 2003 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's orders and permits issued in accordance with the commission'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 the commission'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 the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 31, 2003 . 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 the commission in writing .

(1) COMPANY: Chaudray, Inc. dba Hoff's Food Stop; DOCKET NUMBER: 2001-0280-PST-E; TCEQ ID NUMBER: 53420; LOCATION: 512 South Aransas Street, Mathis, San Patricio County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(B) and TWC, §26.346(a), by failing to submit an accurately completed underground storage tank (UST) registration and self certification form to the agency; 30 TAC §334.49(c)(2)(C) and TWC, §26.3475, by failing to inspect a corrosion protection system rectifier for operability at a frequency of at least once per 60 days; 30 TAC §334.48(c), by failing to conduct inventory control procedures for all UST systems; 30 TAC § 334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the UST; 30 TAC § 334.10(b), by failing to maintain copies of all required records pertaining to the UST system in a secure location at the facility; PENALTY: $8,000; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175, (512) 239-6201; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(2) COMPANY: Flat Creek Cove Water Supply; DOCKET NUMBER: 2001-1358-PWS-E; TCEQ ID NUMBER: 1070155; LOCATION: Farm-to-Market Road 315 on the west side of Lake Palestine at Flat Creek Bridge, Chandler, Henderson County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.109(c)(2) and (g), and Texas Health and Safety Code (THSC), §341.033(d), by failing to collect and submit routine monthly bacteriological samples and failing to provide public notice of the sampling deficiencies; 30 TAC §290.109(c)(3), by failing to collect and submit the appropriate number of repeat bacteriological samples following coliform positive sample results; 30 TAC §290.51(a), by failing to pay public health service fees; PENALTY: $1,400; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175, (512) 239-6201; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(3) COMPANY: NJB & Sons, Inc.; DOCKET NUMBER: 2000-1182-MWD-E; TCEQ ID NUMBER: 10888-001; LOCATION: 0.75 miles west of State Highway 317 and approximately 2.5 miles north of the intersection of State Highway 317 and Farm-to-Market Road 107, Moody, McLennan County, Texas; TYPE OF FACILITY: wastewater treatment; RULES VIOLATED: 30 TAC §305.125(1), 319.1, and 319.5(b), and Texas Pollutant Discharge Elimination System Permit Number 10888-001, Final Effluent Limitations and Monitoring Requirements Number 1, by failing to take effluent samples of the daily average concentrations for biochemical oxygen demand (5 day) (BOD5) and total suspended solids (TSS) at a frequency of once per week, and failing to report the single grab maximum concentrations for BOD5 and TSS and the maximum concentration for pH; PENALTY: $625; STAFF ATTORNEY: Lisa Lemanczyk, Litigation Division, MC 175, (512) 239-5915; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(4) COMPANY: Prestige Metals Plating, Inc.; DOCKET NUMBER: 2001-0288-IHW-E; TCEQ ID NUMBER: 39401; LOCATION: 2103 Blanco Road, San Antonio, Bexar County, Texas; TYPE OF FACILITY: electroplating; RULES VIOLATED: 30 TAC §335.6(c) and TCEQ Agreed Order Docket Number 95-0094-IHW-E, Ordering Provision (3), by failing to update its notice of registration; 30 TAC §335.9(a)(2), by failing to submit complete and accurate annual waste summaries; 30 TAC §335.6(c) and §335.62, TCEQ Agreed Order Docket Number 95-0094-IHW-E, Ordering Provision (3), and 40 Code of Federal Regulations (CFR), §262.11, by failing to perform hazardous waste determinations and failing to provide documentation for paint waste and wooden floor slats; 30 TAC §335.69(a)(1)(B) and §335.112(a)(9), and 40 CFR §§265.192 - 265.197, by failing to operate and maintain three hazardous waste storage tanks; 30 TAC §335.69(a)(4) and §335.112(a)(3), TCEQ Agreed Order Docket Number 95-0094-IHW-E, Ordering Provision (11), and 40 CFR §265.52(e), by failing to include the location and description of fire prevention equipment, first aid equipment, and personal protective gear in the facility's contingency plan; 30 TAC §335.69(b) and 40 CFR, §265.34(b), by failing to comply with 90-day storage requirements for hazardous waste; 30 TAC, §335.10(b)(1) and (22), by failing to include a correct generator assigned waste code on hazardous waste manifests and failing to include a manifest document number; 30 TAC §335.431(c) and 40 CFR §268.7(a)(8), by failing to retain land disposal restriction notices for waste sent offsite for at least three years; PENALTY: $38,400; STAFF ATTORNEY: Rebecca Nash Petty, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(5) COMPANY: Young Brothers, Inc.; DOCKET NUMBER: 2001-0096-AIR-E; TCEQ ID NUMBER: 91-7485-I; LOCATION: six miles west of Bryan on Highway 21 West, Brazos County, Texas; TYPE OF FACILITY: hot mix asphalt manufacturing; RULES VIOLATED: 30 TAC §116.115(c), TCEQ Permit Number 17485, Special Provision Number 7, and THSC, §382.085(b), by failing to operate the asphalt plant within the prescribed times; 30 TAC §116.115(c), TCEQ Permit Number 17485, Special Provision Number 8, and THSC, §382.085(b), by failing to maintain the asphalt mix temperature below 325 degrees Fahrenheit; PENALTY: $4,375; STAFF ATTORNEY: Darren Ream, Litigation Division, MC R-4, (817) 588-5878; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

TRD-200301193

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 18, 2003


Notice of Water Quality Applications

The following notices were issued during the period of February 11, 2003 through February 18, 2003.

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.

CITY OF CLEBURNE has applied for a major amendment to TPDES Permit No. 10006-001 to authorize an increase in the discharge of treated domestic wastewater from a combined annual average flow not to exceed 6,250,000 gallons per day to a combined annual average flow not to exceed 7,500,000 gallons per day for Outfalls 001 and 002. The amendment requests to remove effluent limitations and monitoring requirements for Cyanide. The draft permit does not remove effluent limitations and monitoring requirements for Cyanide and instead reduces the frequency of monitoring requirements for Cyanide based on effluent data. The facility is located on the north side of Buffalo Creek, approximately 1 mile southwest of the intersection of State Highway 174 and State Highway 171 in Johnson County, Texas. The treated effluent is discharged to Buffalo Creek; thence to the Nolan River (Outfall 001), and/or to West Buffalo Creek; thence to Buffalo Creek; thence to the Nolan River (Outfall 002) in Segment No. 1227 of the Brazos River Basin.

CITY OF DALLAS has applied for a major amendment to TPDES Permit No. 10060-001 to authorize an increase in the 2-hour peak flow discharge of treated domestic wastewater from a flow not to exceed 243,056 gallons per minute to a flow not to exceed 277,800 gallons per minute. The facility is located on the west bank of the Trinity River at 1020 Sargent Road in the City of Dallas in Dallas County, Texas.

GE PACKAGED POWER, INC. has applied for a renewal of TPDES Permit No. 13365-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The facility is located at 16415 Jacintoport Boulevard in Harris County, Texas.

HARRIS COUNTY has applied for a renewal of TPDES Permit No. 10932-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 42,000 gallons per day. The facility is located within Bear Creek Park, approximately 3 miles northeast of the intersection of Interstate Highway 10 and State Highway 6 in Harris County, Texas.

HARRIS COUNTY has applied for a renewal of TPDES Permit No. 13921-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility is located approximately 4,500 feet west-southwest of the intersection of Katy-Hockley Road and Katy-Hockley Cutoff, 4,600 feet northwest of the intersection of Katy- Hockley Cutoff and Longenbaugh Road or approximately 4.4 miles north of the City of Katy, in Harris County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 360 has applied for a renewal of TPDES Permit No. 13753-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 800,000 gallons per day. The facility is located approximately 3,500 feet north of the intersection of Kluge Road and Huffmeister Road, 1,100 feet northwest of Kluge Road and approximately 4.0 miles north of the intersection of U.S. Highway 290 and Huffermeister Road in Harris County, Texas.

HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1, has applied for a renewal with changes of TPDES Permit No. 10104-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,350,000 gallons per day. The permittee has requested removal of Other Requirement No. 8 that specifies the minimum depth and distance from the shoreline at which the effluent shall be discharge. The facility is located at 611 Avenue E at the west end of Avenue E on the east shoreline of White's Lake in the Community of Highlands in Harris County, Texas.

JEFFERSON COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 10 has applied for a renewal of TPDES Permit No. 10838-003, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 750,000 gallons per day. The facility is located to the northwest of Nederland in the area bounded by Spurlock Road, U.S. Highway 69/96/287 and State Highway 347, and on the northwest side of Rhodair Gully, approximately 3,500 feet upstream from the point where Rhodair Gully passes beneath U.S. Highway 69/96/287 in Jefferson County, Texas.

NORTHAMPTON MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 10910-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 750,000 gallons per day. The facility is located at 24235 Gosling Road, on the north bank of Willow Creek approximately 1,200 geet upstream of the Gosling Road crossing of Willow Creek in Harris County, Texas.

RAYFORD ROAD MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 12030-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,300,000 gallons per day. The facility is located north of Rayford Road, approximately 2.1 miles east of the intersection of Rayford Road and Interstate Highway 45 in Montgomery County, Texas.

SUNOCO, INC. (R & M), which operates a polypropylene manufacturing plant, has applied for a major amendment to TPDES Permit No. 02107 to authorize less stringent effluent limitations for total copper at Outfalls 001 and 002. The current permit authorizes the discharge of treated effluent consisting of process wastewater, domestic sewage, utility waters, process area storm water runoff, and non-process area storm water runoff at a daily average flow not to exceed 422,000 gallons per day via Outfall 001; the discharge of cooling tower blowdown and non-process area storm water runoff at a daily average dry weather flow not to exceed 323,000 gallons per day via Outfall 002; and the discharge of process area and non-process area storm water runoff on an intermittent and flow variable basis via Outfall 003. The facility is located at 8811 Strang Road, approximately 1000 feet east of the intersection of Strang Road and State Highway 225; and approximately 3.5 miles northwest of the City of LaPorte, Harris County, Texas.

TOWN OF WINDOM, has applied for a renewal of TPDES Permit No. 10666-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 32,000 gallons per day. The facility is located east of Burnett Creek about 1,000 feet west of Wall Street and approximately 0.25 mile southwest of the intersection of U.S. Highway 82 and Farm-to-Market Road 1743 in Fannin County, Texas.

TRD-200301209

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 18, 2003


Proposed Enforcement Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with 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 March 31, 2003 . 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 both 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 March 31, 2003 . 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 commission in writing .

(1) COMPANY: Al-Kel Alliance, Incorporated; DOCKET NUMBER: 2002-0932-MLM-E; IDENTIFIER: Air Account Number DB-5275-R and Solid Waste Registration Number 86817; LOCATION: Hutchins, Dallas County, Texas; TYPE OF FACILITY: tank truck cleaning; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 47794, and THSC, §382.085(b), by failing to drain first wash waste solutions for List II chemicals through a closed system and into a dedicated first flush tank, to enclose the volatile organic compound/wastewater separator, limit tank truck cleaning operations to chemicals and corresponding control devices, vent emissions to a flare during tank cleaning, utilize approved cleaning solutions, construct a vacuum system and operate it during cleaning operations, and failing to calculate, record, and maintain monthly emissions; and 30 TAC §335.69(f)(4) and Code of Federal Regulations (CFR) §262.34(d)(4), by failing to properly label hazardous waste; PENALTY: $1,460; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: John Mendez, Sr., dba Big John's Muffler Shop; DOCKET NUMBER: 2002- 1107-AIR-E; IDENTIFIER: Air Account Number TA-4199-K; LOCATION: Haltom City, Tarrant County, Texas; TYPE OF FACILITY: auto exhaust system repair; RULE VIOLATED: 30 TAC §114.20(b)(2) and THSC, §382.085(b), by failing to replace a catalytic converter with an original equipment manufacturer's catalyst or an aftermarket catalyst; PENALTY: $360; ENFORCEMENT COORDINATOR: Wendy Cooper, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: City of Buffalo; DOCKET NUMBER: 2002-1322-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10022-001; LOCATION: Buffalo, Leon County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10022-001, and the Code, §26.121, by allegedly discharging wastewater that exceeded ammonia nitrogen and total suspended solids; PENALTY: $4,950; ENFORCEMENT COORDINATOR: Sarah Slocum, (512) 239-6589; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(4) COMPANY: Burco Concrete, Inc.; DOCKET NUMBER: 2002-0184-AIR-E; IDENTIFIER: Air Account Number 94-2041-E; LOCATION: Magnolia, Montgomery County, Texas; TYPE OF FACILITY: concrete batch plant; RULE VIOLATED: 30 TAC §116.110(a)(1) and THSC, §382.085(b) and §382.0518(a), by failing to obtain a permit to construct a concrete batch plant; PENALTY: $600; ENFORCEMENT COORDINATOR: Catherine Sherman, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Citgo Products Pipeline Company; DOCKET NUMBER: 2002-1192-AIR-E; IDENTIFIER: Air Account Number TA-0034-C; LOCATION: Euless, Tarrant County, Texas; TYPE OF FACILITY: pipeline breakout station; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit certification of compliance for Title V federal operation permit number O-01163 in a timely manner; PENALTY: $1,300; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Rolando Zamora dba D & D Waste Oil Services; DOCKET NUMBER: 2002- 1132-MSW-E; IDENTIFIER: Used Oil Handler Registration Number A85416 and Regulated Entity Identification Number RN101060267; LOCATION: Harlingen, Cameron County, Texas; TYPE OF FACILITY: used oil and used oil filter transportation and storage; RULE VIOLATED: 30 TAC §324.4(1) and THSC, §371.041, by failing to prevent the handling of used oil in such a manner that endangers public health or the environment; 30 TAC §321.11 and 40 CFR §279.45(c) and (f), by failing to store used oil in storage units that are in good condition, provide a secondary containment for the used oil containers, and provide a secondary containment for the used oil aboveground storage tank; 30 TAC §328.23(c)(2) and THSC, §371.103(2), by failing to store used oil filters in containers that are securely closed, waterproof, and in good condition; 30 TAC §328.28 and THSC, §371.108, by failing to develop a plan to prevent spills and respond to spills; 30 TAC §324.11 and 40 CFR §279.44(a) and §279.45(g), by failing to ensure that used oil is not a hazardous waste under the rebuttable presumption, label or mark clearly used oil containers, and failing to develop a spill prevention, control, and countermeasure plan; and 30 TAC §328.24(c) and THSC, §37.104(c)(1) and (2), by failing to renew the transporter, storage facility, and processor registration; PENALTY: $10,455; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550- 5247, (956) 425-6010.

(7) COMPANY: Drilling Specialties Company LLC dba DSC Drilling Specialties Company LLC; DOCKET NUMBER: 2002-0839-IWD-E; IDENTIFIER: TPDES Permit Number 02475-000; LOCATION: Conroe, Montgomery County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (4), TPDES Permit Number 02475-000, and the Code, §26.121, by failing to maintain compliance with the permit effluent limitations for biochemical oxygen demand (BOD), chemical oxygen demand (COD), oil and gas, and dissolved oxygen (DO); PENALTY: $13,500; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8) COMPANY: Earthgrains Baking Companies, Inc., A Wholly Owned Subsidiary of Sara Lee Bakery Group, Inc.; DOCKET NUMBER: 2002-1256-AIR-E; IDENTIFIER: Air Account Number HG-4367-K; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: bakery plant; RULE VIOLATED: 30 TAC §122.143(4), §122.146(2), and THSC, §382.085(b), by failing to submit the annual Title V compliance certifications; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: Mohammad Khan Khokhar dba Go 4 It Food & Fuel; DOCKET NUMBER: 2002-0731-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 48125; LOCATION: Missouri City, Fort Bend County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (2)(A), and the Code, §26.3475, by failing to conduct release detection and failing to monitor piping for releases monthly; PENALTY: $600; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: Harris Methodist Southwest dba Harris Methodist Southwest Hospital; DOCKET NUMBER: 2002-1212-PST-E; IDENTIFIER: PST Facility Identification Number 0046352; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: hospital; 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 underground storage tank (UST) registration and self- certification form is fully and accurately completed and failing to make available to a common carrier a valid, current delivery certificate; and 30 TAC §37.815(a) and (b), by failing to demonstrate financial responsibility; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588- 5800.

(11) COMPANY: Hillard Saturn of Fort Worth, Incorporated dba Saturn of Hurst; DOCKET NUMBER: 2002-1153-PST-E; IDENTIFIER: PST Facility Identification Number 0066807; LOCATION: Hurst, Tarrant County, Texas; TYPE OF FACILITY: new and used car sales; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(ii), 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 submitted and failed to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588- 5800.

(12) COMPANY: Jim Wells County; DOCKET NUMBER: 2002-0986-MLM-E; IDENTIFIER: Unauthorized Site Numbers 45514013 and 45514017; LOCATION: Premont, Jim Wells County, Texas; TYPE OF FACILITY: property; RULE VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by failing to comply with the general prohibition requirements concerning outdoor burning; and 30 TAC §330.5, by failing to obtain authorization or a permit prior to the storage of municipal solid waste; PENALTY: $3,925; ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412- 5503, (361) 825-3100.

(13) COMPANY: Randy Koonsman dba Koonsman Backhoe; DOCKET NUMBER: 2002-0665- OSI-E; IDENTIFIER: On-Site Sewage Facility (OSSF) Installer Number 5888; LOCATION: Throckmorton, Throckmorton County, Texas; TYPE OF FACILITY: sewage system installation; RULE VIOLATED: 30 TAC §285.61(4) and (5), and THSC, §366.051(c) and §366.054, by failing to obtain proof of a permit prior to installation of an OSSF and notify the permitting authority of the date on which the installation of an OSSF would begin; and 30 TAC §285.61(6) and (11), by failing to construct an OSSF that met the minimum criteria required and failed to request the initial, final, and any other required inspection or inspections from the permitting authority; PENALTY: $700; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(14) COMPANY: Mission Resources Corporation; DOCKET NUMBER: 2002-1220-AIR-E; IDENTIFIER: Air Account Number AH-0061-M; LOCATION: Bellville, Austin County, Texas; TYPE OF FACILITY: natural gas compressor station; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit an annual compliance certification; and 30 TAC §122.145(2)(B) and THSC, §382.085(b), by failing to submit a semiannual deviation report; PENALTY: $1,300; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15) COMPANY: Pecan's Restaurant and Bar, Inc.; DOCKET NUMBER: 2002-1081-PWS-E; IDENTIFIER: Public Water Supply Number 1012933; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c) and (g), and §290.122(c), and THSC, §341.033(d), by failing to collect and submit routine monthly water samples for bacteriological analysis and failing to provide public notice related to the failure to collect and submit additional routine bacteriological samples; PENALTY: $3,175; ENFORCEMENT COORDINATOR: John Mead, (512) 239-6010; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(16) COMPANY: Petroleum Wholesale, Inc.; DOCKET NUMBER: 2002-0758-PST-E; IDENTIFIER: Enforcement Identification Number 18022; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner had a valid, current delivery certificate; PENALTY: $9,120; ENFORCEMENT COORDINATOR: Catherine Sherman, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(17) COMPANY: Gerald B. Dipple, Jr. dba Remington Tanner Dairy; DOCKET NUMBER: 2002-0921-AGR-E; IDENTIFIER: TPDES Permit Number 03112; LOCATION: Dublin, Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §305.125(1), §321.31(a), and TPDES Permit Number 03112, by failing to prevent the discharge of wastewater into a neighboring creek; PENALTY: $2,850; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(18) COMPANY: Royal Baths Manufacturing Company, Ltd.; DOCKET NUMBER: 2002- 1258-AIR-E; IDENTIFIER: Air Account Number HG-5032-O; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: fiberglass application; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit an annual compliance certification; PENALTY: $1,540; ENFORCEMENT COORDINATOR: Kimberly McGuire, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: Sanderson Farms, Inc.; DOCKET NUMBER: 2002-0749-MWD-E; IDENTIFIER: TPDES Permit Number 03821; LOCATION: Bryan, Brazos County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 03821, and the Code, §26.121, by failing to comply with permitted effluent limits from outfall 001 and 002 and failing to prevent a discharge from the facility's aeration basin; PENALTY: $25,500; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(20) COMPANY: Signal Fuels Co.; DOCKET NUMBER: 2002-0850-PST-E; IDENTIFIER: PST Facility Identification Numbers 27190, 5860, and 5861; LOCATION: Pampa, Gray County, Texas; TYPE OF FACILITY: petroleum bulk storage terminals; RULE VIOLATED: 30 TAC §37.815(a) and (b) and §37.870(a)(4), by failing to submit the appropriate forms documenting proof of financial assurance; PENALTY: $2,280; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109- 4933, (806) 353-9251.

(21) COMPANY: Klaas Talsma dba Talsma Dairy; DOCKET NUMBER: 2002-1391-AGR-E; IDENTIFIER: TPDES Permit Number 03145; LOCATION: Duffau, Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.31 and the Code, §26.121, by failing to prevent the discharge of agricultural wastewater; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(22) COMPANY: Antonio C. Huerta dba Tony's Septic Cleaning; DOCKET NUMBER: 2002- 1227-SLG-E; IDENTIFIER: Enforcement Identification Number 18565; LOCATION: Brady, McCulloch County, Texas; TYPE OF FACILITY: sludge transportation; RULE VIOLATED: 30 TAC §312.142(a), by failing to obtain a sludge transporter registration; PENALTY: $800; ENFORCEMENT COORDINATOR: Gary Shipp, (806) 796-7092; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(23) COMPANY: Vegas World Oil Services, Inc.; DOCKET NUMBER: 2002-0934-MSW-E; IDENTIFIER: Used Oil Registration Number A85429; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: used oil/oil filter transport/treatment/storage; RULE VIOLATED: 30 TAC §37.2015 and §324.22, by failing to provide financial assurance; PENALTY: $200; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(24) COMPANY: W. Silver Inc.; DOCKET NUMBER: 2002-1080-AIR-E; IDENTIFIER: Air Account Number EE-0091-O; LOCATION: Vinton, El Paso County, Texas; TYPE OF FACILITY: rolling mill plant; RULE VIOLATED: 30 TAC §122.121 and THSC, §382.054, by allegedly having exceeded the hazardous air pollutant emission limits without obtaining a Title V permit; PENALTY: $3,100; ENFORCEMENT COORDINATOR: Gloria Stanford, (512) 239-1871; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(25) COMPANY: Mohammad Khalaf dba Zoom Auto and Zoom Automotive; DOCKET NUMBER: 2002-0169-AIR-E; IDENTIFIER: Air Account Numbers TA-4163-I and TA-4155-H; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: vehicle safety/emission certification stations; RULE VIOLATED: 30 TAC §114.50(d)(2) and (3), and THSC, §382.085(b), by failing to comply with emission certificate regulations by issuing certificates to multiple vehicles and failing to comply with emission certificate regulations by allowing an uncertified emissions inspector to conduct emissions inspections; PENALTY: $3,100; ENFORCEMENT COORDINATOR: David Van Soest, (512) 239-0468; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200301192

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 18, 2003


Golden Crescent Workforce Development Board

Amended Public Notice

The Golden Crescent Workforce Development Board announces the availability of their Program Year 2003/Fiscal Year 2004 Integrated Plan Modification for public comment beginning February 14 through March 16, 2003. The plan can be viewed at the Golden Crescent Workforce Center at one of the following locations:

* http://www.gcworkforce.org

* 120 S. Main #501, Victoria, TX

* 1800 S. Highway 35 #H, Pt. Lavaca, TX

* 1137 N. Esplanade, Cuero, TX

* 329 W. Franklin, Goliad, TX

* 427 St. George #101, Gonzales, TX

* 903 S. Wells, Edna, TX

* 414 N. Texana #B, Hallettsville, TX

Programs provided by the GCWC are Career Center services for the general public, including at a minimum Wagner-Peyser Employment Services; Workforce Investment Act services for adults, dislocated workers, and youth; Temporary Assistance for Needy Families Choices Program; Food Stamp Employment & Training; Project Reintegration of Offenders, TAA/NAFTA/TAA, Child Care Services; Child Care Training, and Communities In Schools programs for an operation period of July 1, 2003, through June 30, 2004. Eligible program beneficiaries who reside in Calhoun, DeWitt, Goliad, Gonzales, Jackson, Lavaca, and Victoria Counties may be provided appropriate employment and educational services through these programs. All persons wishing to comment on the Plan may do so at one of the addresses above or fax comments to (361) 573-0225 no later than March 16, 2003. Corrections and changes to this notice and/or the Plan may be found on the website at http://www.gcworkforce.org.

The GCWC is an equal opportunity organization. Auxiliary aides or services are available upon request to those individuals with disabilities.

TRD-200301168

Sandy Heiermann

Director of Planning

Golden Crescent Workforce Development Board

Filed: February 14, 2003


Office of the Governor

Request for Grant Applications (RFA) for Juvenile Justice and Delinquency Prevention Act (JJDP), Part E Challenge Program

The Criminal Justice Division (CJD) of the Governor's Office is soliciting applications for local and statewide projects under the federal fiscal year 2003 for JJDP-Challenge Program.

Purpose: The purpose of the program is to provide funds addressing the following Challenge Activities: (1) Activity I - Increase aftercare services for juveniles involved in the justice system by establishing programs and developing and adopting policies to provide comprehensive health, mental health, education, and vocational services and services that preserve and strengthen the families of such juveniles. (2) Activity E - Develop and adopt policies to prohibit gender bias in placement and treatment and establish programs to ensure that female youth have full access to the full range of health and mental health services, treatment for physical or sexual assault and abuse, self-defense instruction, education in parenting, education in general, and other training and vocational services. Projects must use an interdisciplinary approach to review research on the need for aftercare for juvenile offenders and gender-specific programming.

Available Funding: Federal funding is authorized under Title II, Part E (Challenge) of the Juvenile Justice and Delinquency Prevention (JJDP) Act of 1974, §221-223, Public Law 93-415, as amended, codified as amended at 42 U.S.C. 5601 et seq. Grant funds are made available to states to address at least one of the ten Challenge Activities specified in the Act. Approximately $615,000 will be made available for local and statewide projects. CJD will use 60% of the available funds for Activity I, and 40% of available funds for Activity E as noted above. Applicants may select to address at least one activity or combine both activities while giving emphasis on Activity I. All grants awarded from this fund must comply with the requirements contained herein. In addition to the rules related to this funding source, applicants and grantees must comply with the federal regulations at 28 C.F.R. §31.

Standards: Grantees must comply with the applicable grant management standards adopted under the Texas Administrative Code §3.19, which are hereby adopted by reference.

Prohibitions: Grantees may not use grant funds or program income for proselytizing or sectarian worship.

Eligible Applicants: (1) state agencies; (2) nonprofit organizations; (3) local units of government; (4) crime-control and prevention districts; (5) Native American tribal governments; (6) COGs; (7) universities; (8) independent school districts; (9) juvenile boards; and (10) faith-based organizations. Faith-based organizations must be tax-exempt nonprofit entities as certified by the Internal Revenue Service.

Project Period: Projects to begin on September 1, 2003, and end no later than August 31, 2004.

Application Process: Eligible applicants can download an application kit from the Office of the Governor's web site address at http://www.governor.state.tx.us/divisions/cjd/formsapps/view. For those applicants that do not have internet access, contact the Office of the Governor, Criminal Justice Division, P.O. Box 12428, Austin, TX 78711, telephone (512) 463-1919 for an electronic application kit.

Preferences: Preference will be given to those applicants that can demonstrate need utilizing verifiable data; establishing an overall goal; implementation of research based or promising approaches/activities; establish obtainable outcome measures with an evaluation plan; and can demonstrate a collaborative effort addressing the challenge activities. Priority will be given to those applicants that encompass both activities while giving greater emphasis to Activity I.

Closing Date for Receipt of Applications: All original applications, plus an additional copy, must be submitted directly to the Governor's Criminal Justice Division, P.O. Box 12428, Austin, Texas 78711 received or postmarked on or before April 30, 2003.

Selection Process: Completed applications will be reviewed for eligibility and cost effectiveness by CJD and by a peer review group selected by the Executive Director. The Executive Director of CJD will make all final funding decisions.

Contact Person: If additional information is needed, contact Louri O'Leary at CJD at (512) 463-1919.

TRD-200301234

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: February 19, 2003


Texas Department of Health

Licensing Actions for Radioactive Materials

Licensing Actions for Radioactive Materials

TRD-200301225

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 19, 2003


Notice of Amendment to the Radioactive Material License of Iso-Tex, Inc.

Notice is hereby given by the Texas Department of Health (department), Bureau of Radiation Control that it has amended Radioactive Material License Number L01937 issued to Iso-Tex, Inc., located at 1511 County Road 129 (FM 2351) in Alvin, Texas, in Brazoria County, near Friendswood, Texas.

The issuance of amendment number 38 corrects the address of the licensee's facility at site number 000.

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

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

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

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

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

TRD-200301224

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 19, 2003


Notice of Preliminary Report for Assessment of Administrative Penalties and Notice of Violation Against Smithville Hospital Authority, dba Smithville Regional Hospital

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty against Smithville Hospital Authority, doing business as Smithville Regional Hospital, (registrant-M00488) of Smithville. A total penalty of $4,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, §289.230.

A copy of all relevant material is available, by appointment, for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200301125

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 14, 2003


Notice of Revocation of Certificates of Registration

The Texas Department of Health, having duly filed complaints pursuant to 25 Texas Administrative Code, §289.205, has revoked the following certificates of registration: Glencairn Animal Clinic, Houston, R15641, January 30, 2003; Don E. Montgomery, D.D.S., Dallas, R17384, January 30, 2003; Contemporary Health Management, Houston, R18646, January 30, 2003; Camp Wood Convalescent Center, Camp Wood, R19547, January 30, 2003; Today Pain Relief and Rehab, Inc., Houston, R23207, January 30, 2003; Natural Healthcare Clinic, Houston, R24544, January 30, 2003; Mustang Laser Fabricating, Incorporated, Garland, Z01363, January 30, 2003; The Center for Laser Vision Correction LP, McAllen, Z01369, January 30, 2003; The Lion Share, Inc., Holland Landing, Ontario, Canada, Z01440, January 30, 2003.

A copy of all relevant material is available, by appointment, for public inspection at the Bureau of Radiation Control, Texas Department of Health, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200301223

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 19, 2003


Texas Health and Human Services Commission

Request for Proposals

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health and Human Services Commission (HHSC) announces this Request for Proposals (RFP) for provision of consulting services to HHSC. The primary goal of this RFP is to secure a consultant to (1) assist with the management of the operations transition to the new Medicaid Claims/Primary Care Case Management Administrator, (2) assess the new vendor's operational readiness to assume operations, (3) provide Electronic Data Processing (EDP) Audits of the systems requirements for the Texas Medicaid and Children's Health Insurance Program (CHIP) administrative contracts, and (4) conduct Texas Medicaid and CHIP performance audits. (RFP# 529-03-217)

The RFP will be posted with the Texas Marketplace: http://www.marketplace.state.tx.us on or about February 12, 2003. The full content of the RFP will be available on the HHSC website: http://www.hhsc.state.tx.us/Medicaid/index.html on or about February 12, 2003.

The successful respondent will be expected to begin performance of the Contract on or after May 1, 2003. Parties interested in submitting a proposal may contact Sharon Drane, Contract Manager, Health and Human Services Commission, 12555 Riata Vista, Austin, Texas 78727, telephone number: (512) 794-5182 , regarding the request. Sharon Drane will be HHSC's sole point-of-contact for purposes of this procurement.

All Questions regarding the RFP must be sent in writing to Sharon Drane before 5:00 p.m. Central Standard Time on March 3, 2003. HHSC will post all written questions and HHSC's responses on its website as they become available.

Vendor Conference will be held on February 25, 2003 from 1:00 to 4:00, at the Public Hearing Room, Health and Human Services Commission, 12555 Riata Vista, Austin, TX 78727.

To be considered, all proposals must be received at the foregoing address in the issuing office on or before 3:00 p.m. Central Time on April 7, 2003. Proposals received after this time and date will not be considered.

Evaluation and Award Procedure: All proposals will be subject to evaluation based on the evaluation criteria and procedures set forth in the RFP. HHSC reserves the right to accept or reject any or all proposals submitted. HHSC is under no legal or other obligation to execute any contracts on the basis of this notice. HHSC will not pay for costs incurred by any entity in responding to this RFP.

The anticipated schedule of events is as follows:

Final RFP Release Date - February 12, 2003

Vendor Conference - February 25, 2003

Letter of Intent Due - February 25, 2003

Vendor Questions Due - March 3, 2003

Vendor Proposals Due -April 7, 2003

Evaluations of Proposals

Complete - April 22, 2003

Anticipated Contract Award - April 30, 2003

Anticipated Contract Start Date - May 1, 2003

TRD-200301076

Steve Aragon

General Counsel

Texas Health and Human Services Commission

Filed: February 12, 2003


Texas Department of Housing and Community Affairs

Multifamily Housing Revenue Bonds (Primrose Houston School) Series 2003

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Rosa-Parks - Millbrook Elementary School, 630 Millbrook, Lancaster, Texas 75146 at 6:00 p.m. on March 20, 2003 with respect to an issue of tax-exempt multifamily residential rental project revenue bonds in the aggregate principal amount not to exceed $15,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to Primrose Houston I Housing, L.P., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing and equipping a multifamily housing project (the "Project") known as Primrose Houston School and is described as follows: a conventional quality, 280-unit multifamily residential rental development in a controlled access gated village style community. The two and three story buildings will be constructed on approximately 22 acres of land located at the northwest corner of Pleasant Run and Houston School Road, Lancaster, Texas. The Project will be initially owned and operated by the Borrower and the manager of the Project will be Southwest Housing Management Corporation, Attn: Jim Canon, Vice President, (214) 891-7813. For Information regarding the development prior to the hearing, contact Southwest Housing Development Company, Attn: Jeff Spicer (214) 891-7838.

All interested parties are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or requests for additional information may be directed to Robbye Meyer at the Texas Department of Housing and Community Affairs, 507 Sabine, Austin, Texas 78701; (512) 475-2213 and/or rmeyer@tdhca.state.tx.us.

Persons who intend to appear at the hearing and express their views are invited to contact Robbye Meyer in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Robbye Meyer prior to the date scheduled for the hearing.

Individuals who require auxiliary aids in order to attend this meeting should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or Relay Texas at 1 (800) 735-2989 at least two days before the meeting so that appropriate arrangements can be made.

TRD-200301227

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 19, 2003


Texas Department of Human Services

Request for Proposal for the Delivery of Case Management and Direct Services of the Community Living Assistance and Support Services Program

The Texas Department of Human Services announces a request for proposal (RFP) for the delivery of case management (CMA) and direct services (DSA) to be provided for one or more catchment areas of the Community Living Assistance and Support Services (CLASS) waiver program.

The purpose of this RFP is to procure multiple CLASS provider agencies to offer freedom of choice to eligible participant in all CLASS catchment areas for the provision of case management and direct services.

Description of Services: The CLASS program provides services to at least 1,836 individuals in the current 15 catchment areas comprising 124 counties. A CLASS provider may provide DSA or CMA in a CLASS catchment area. CLASS provider agencies may not provide both DSA and CMA services in the same CLASS catchment area.

Closing Date: Proposals must be received by 5:00 p.m. on Friday, May 30, 2003.

Terms and/or Amount: To provide case management or direct services in the following catchment areas: San Antonio, Dallas, El Paso, Houston, Beaumont, Lubbock, Corpus Christi, Longview, Fort Worth, Valley, Austin, Amarillo, San Angelo, Midland/Odessa, and Waco/Temple.

Selection and Evaluation: Selection announcement, July 21, 2003. Readiness Review completion, August 28, 2003.

Contact Person: Written requests should be addressed to Gwendolyn Barrs, CLASS Program Consultant. Fax number is 512/438-5135. Mailing address is Texas Department of Human Services, CLASS Program, P.O. Box 149030, Mail Code W-521, Austin, Texas 78714-9030.

Please specify if the RFP is for the Case Management Agency and/or for the Direct Services Agency. See http://esbd.tbpc.state.tx.us for additional information or call 512/438-4278 if you have questions.

TRD-200301206

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: February 18, 2003


Texas Department of Insurance

Company Licensing

Application for incorporation to the State of Texas by TEXAS HEALTHSPRING I, LLC, a domestic Health Maintenance Organization (HMO). The home office is in Houston, Texas.

Application to change the name of FIRST STANDARD SECURITY INSURANCE COMPANY to INDEPENDENCE AMERICAN INSURANCE COMPANY, a foreign life, accident and / or health company. The home office is in New York, New York.

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

TRD-200301236

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 19, 2003


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by The First Liberty Insurance Corporation proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting the following flex percentages of +44.4 for Bodily Injury, Property Damage, Personal Injury Protection, Medical; +30 for Uninsured Motorists; +61.3 for Collision; and +129.2 for Comprehensive coverages under all territories and classes. The overall rate change is +6.4%.

Copies of the filing may be obtained by contacting the Texas Department of Insurance, P&C Actuarial Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 475-3017.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by March 13, 2003.

TRD-200301078

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 13, 2003


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Liberty Mutual Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting flex percentages, by class for territories 1, 2, 5, 12, 38, 39, 40, 56 and "all other": +21.3 for Bodily Injury, Property Damage, Personal Injury Protection and +12.9 for Medical payments; and by class for all territories: +22 for Uninsured Motorists, +28.3 for Collision, and +57.3 Comprehensive coverages. The overall rate change is +2.9%.

Copies of the filing may be obtained by contacting the Texas Department of Insurance, P&C Actuarial Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 475-3017.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by March 13, 2003.

TRD-200301079

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 13, 2003


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Liberty Mutual Fire Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting the following flex percentages of +52 for Bodily Injury, Property Damage, Personal Injury Protection, Medical; +30 for Uninsured Motorists; +69.8 for Collision, and +141.3 for Comprehensive coverages under all territories and classes. The overall rate change is +6.7%.

Copies of the filing may be obtained by contacting the Texas Department of Insurance, P&C Actuarial Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 475-3017.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by March 13, 2003.

TRD-200301080

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 13, 2003


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Liberty Insurance Corporation proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting the following flex percentages of +130.4 for Bodily Injury, Property Damage, Personal Injury Protection, Medical; +42 for Uninsured Motorists; +144.3 for Collision, and +299.2 for Comprehensive coverages under all territories and classes. The overall rate change is +4.1%.

Copies of the filing may be obtained by contacting the Texas Department of Insurance, P&C Actuarial Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 475-3017.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by March 13, 2003.

TRD-200301081

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 13, 2003


Notice

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by LM Insurance Corporation proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting flex percentages, by class for territories 1, 2, 5, 12, 38, 39, 40, 56 and "all other": +15.8 for Bodily Injury, Property Damage, Personal Injury Protection and +7.8 for Medical payments; and by class for all territories: +22 for Uninsured Motorists, +28.3 for Collision, and +57.3 Comprehensive coverages. The overall rate change is +2.9%.

Copies of the filing may be obtained by contacting the Texas Department of Insurance, P&C Actuarial Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 475-3017.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by March 13, 2003.

TRD-200301082

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 13, 2003


Third Party Administrator Applications

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

Application for admission to Texas of MemberHealth, Inc., a foreign third party administrator. The home office is Cleveland, Ohio.

Application for admission to Texas of TMG Health, Inc., a foreign third party administrator. The home office is King of Prussia, Pennsylvania.

Application for admission to Texas of American Imaging Management, Inc., a foreign third party administrator. The home office is Northbrook, Illinois.

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

TRD-200301208

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 18, 2003


Texas Lottery Commission

Instant Game No. 372 "Give Me 5"

1.0 Name and Style of Game.

A. The name of Instant Game No. 372 is "GIVE ME 5". The play style is "tic-tac-toe".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 372 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 372.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: $1.00, $2.00, $3.00, $4.00, $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100, $500, $20,000, 2, 3, 4, 5, 6, 7, 8, and 9.

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. 372 - 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. 372 - 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 $2.00, $3.00, $5.00, $10.00, $15.00, or $20.00.

H. Mid-Tier Prize - A prize of $25.00, $50.00, $100, or $500.

I. High-Tier Prize - A prize of $20,000.

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 (372), 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: 372-0000001-000.

L. Pack - A pack of "GIVE ME 5" Instant Game tickets contain 250 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of two (2). Tickets 000 and 001 will be on the top page; tickets 002 and 003 on the next page; etc.; and ticket 248 and 249 will be on the last page. Please note the books will be in an A - B configuration.

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 "GIVE ME 5" Instant Game No. 372 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 "GIVE ME 5" Instant Game is determined once the latex on the ticket is scratched off to expose 20 (twenty) play symbols. Within each game, if the player finds three 5's in any one row, column, or diagonal the player will win the prize in the prize box. 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 20 (twenty) 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 20 (twenty) 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 20 (twenty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 20 (twenty) 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 game will contain three or more of a kind other than the 5 symbol.

C. Every game will contain at least four 5's . The overall usage for the remaining play symbols will be approximately even.

D. Each game can win only once.

E. A ticket can win twice.

2.3 Procedure for Claiming Prizes.

A. To claim a "GIVE ME 5" Instant Game prize of $2.00, $3.00, $5.00, $10.00, $15.00, $20.00, $25.00, $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 "GIVE ME 5" Instant Game prize of $20,000, 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 "GIVE ME 5" 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 "GIVE ME 5" 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 "GIVE ME 5" 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 9,942,500 tickets in the Instant Game No. 372. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 372 - 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. 372 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. 372, 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-200301075

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: February 12, 2003


North Central Texas Council of Governments

Notice of Consultant Contract Award

Pursuant to the provisions of Government Code, Chapter 2254, the North Central Texas Council of Governments publishes this notice of consultant contract award. The consultant proposal request appeared in the October 4, 2002 issue of the Texas Register (27 TexReg 9479). The selected consultant will collect and analyze data on the traffic conditions on the limited access highways in the Dallas-Fort Worth Metropolitan Area via low-level aerial photography data collection techniques.

The consultant selected for this project is Skycomp, Inc., 5999 Harper's Farm Road, Columbia, Maryland. The maximum amount of this contract is $312,000. Work on this project began February 14, 2003.

Issued in Arlington, Texas on February 18, 2003.

TRD-200301198

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: February 18, 2003


Texas Parks and Wildlife Department

Notice of Case Public Hearing

This is a notice of a contested case public hearing regarding the application of Riverside Aggregates Company, Inc. (Riverside) for a new Texas Parks and Wildlife Department (TPWD) Sand and Gravel permit. The proposed location is on the Brazos River between Fort Bend and Austin counties near Simonton, Texas, approximately 7 miles downstream from the I-10 crossing and approximately 23 miles upstream from the U.S. Highway 59 crossing. Riverside requests permission to remove from this location up to 40,000 tons of state-owned sedimentary materials per month, and up to 480,000 tons per year.

The hearing will be held at 10:00 a.m. on March 24, 2003, at the State Office of Administrative Hearings (SOAH), William P. Clements Building, 300 W. 15th St., 4th floor, Austin, TX 78701.

IF YOU INTEND TO PARTICIPATE IN THE HEARING YOU OR YOUR REPRESENTATIVE MUST ATTEND THE HEARING IN PERSON ON MARCH 24.

The hearing will be held under the Administrative Procedure Act (APA) (Texas Government Code, Chapter 2001); the rules of the State Office of Administrative Hearings (SOAH) (1 TAC Chapter 155); Texas Parks and Wildlife Code, Chapter 86; and 31 TAC Chapter 69. The hearing will be held under the authority and jurisdiction of SOAH and the TPWD. Briefly stated, the issue in the case is whether Riverside’s permit application meets the applicable requirements of Texas Parks and Wildlife Code, Chapter 86 and 31 TAC Chapter 69, and whether the application should accordingly be granted or denied.

If you have questions regarding this notice please contact Bob Sweeney at the Texas Parks and Wildlife Department, 512-389-4433, Robert.Sweeney@tpwd.state.tx.us.

TRD-200301195

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Filed: February 18, 2003


Public Utility Commission of Texas

Notice of Application for Authority to Recover Lost Revenues and Cost of Implementing Expanded Local Calling Service Pursuant to PUC Substantive Rule §26.221

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on November 27, 2002, for authority to recover lost revenues and costs of implementing expanded local calling service pursuant to §§55.041 - 55.048 of the Public Utility Regulatory Act and P.U.C. Substantive Rule §26.221. A summary of the application follows:

Project Title and Number: Application of Texas Alltel, Inc. for Authority to Recover Lost Revenues and Cost of Implementing Expanded Local Calling Service, Project Number 27033.

Texas Alltel's application encompasses costs and lost toll revenues for petitioned exchanges and petitioning exchanges where costs and lost toll revenues are in excess of the $3.50 and $7.00 maximum monthly expanded local calling service (ELCS) fee. As of September 30, 2002, there was a total of 32,224 Texas Alltel customers, of which, 26,645 are residential customers; 5,486 are business customers; and 93 are Tel-Assistance customers. Texas Alltel proposes an additional monthly ELCS surcharge rate of $1.10 per residential line, $2.20 per business line, and $0.39 per "grandfathered" Tel-Assistance customers, effective February 20, 2003.

Persons with questions about this action, or who wish to comment on the application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone 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 Project Number 27033.

TRD-200301098

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 13, 2003


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

On February 10, 2003, Dial Nationwide, 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 60309. Applicant intends to relinquish its certificate.

The Application: Application of Dial Nationwide, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 27371.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 5, 2003. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 27371.

TRD-200301085

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 13, 2003


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

On February 11, 2003, TXOL Internet 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 60351. Applicant intends to relinquish its certificate.

The Application: Application of TXOL Internet to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 27375.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 5, 2003. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 27375.

TRD-200301083

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 13, 2003


Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of the filing with the Public Utility Commission of Texas a joint application for sale, transfer, or merger on February 7, 2003, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §37.154 (Vernon 1998 and Supplement 2003).

Docket Style and Number: Joint Application of AEP Texas North Company and LCRA Transmission Services Corporation to Transfer Certificate Rights and for Approval of Transfer of Facilities in Crane, Crockett, Pecos, and Upton Counties, Docket Number 27370.

The Application: The application seeks approval for AEP North to transfer certificate rights concerning three transmission facilities and associated certificate rights to LCRA TSC. AEP North owns three 69 kV transmission lines that are being rebuilt for 138 kV transmission service in order to accommodate the transfer of wind-powered generation from the McCamey area of West Texas. Except for the allowances in retaining partial structures for existing distribution underbuild, the existing 69 kV lines are being removed and retired, and the rebuilding of the lines will occur as activity for which a certificate of convenience and necessity (CCN) is not required under P.U.C. Substantive Rule §25.101(c)(2)(C). These projects are under or nearly under construction and are expected to be completed between February 2003 and April/May 2003. The three 69 kV transmission lines, located in Crane, Crockett, Pecos, and Upton counties are: (1) the 13.4 mile 69 kV transmission line from the North McCamey Substation to the Tippett Substation; (2) the 9.92 mile 69 kV transmission line from the Tippett Substation to the West Yates Tap; and (3) the 22 mile 69 kV transmission line from the North McCamey Substation to the Crane/McElroy Cut-In. Because of the recent addition of significant wind-powered generating capacity in West Texas, all three lines must be rebuilt for 138 kV operation.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing- and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 27370.

TRD-200301084

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 13, 2003


Notice of Application for Waiver to Requirements in P.U.C. Procedural Rules

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on February 5, 2003, for waiver of the requirements in P.U.C. Procedural Rules §§22.308(a), 22.341(a), and 22.342(a) which govern the number of copies of applications that must be filed for approval in various types of interconnection agreements (ICA).

Docket Title and Number: Application of Verizon Southwest for Waiver of Requirements in P.U.C. Procedural Rules §§22.308(a), 22.341(a), and 22.342(a). Docket Number 27364.

The Application: Pursuant to the final order issued in Docket Number 26184, the commission granted Southwestern Bell Telephone Company a waiver of certain requirements in the procedural rules referenced above. Verizon requested that the commission extend this waiver to Verizon through the administrative approval process. In the order in Docket Number 26184, the commission determined that an original and two copies were sufficient for the processing of these applications rather than the ten copies which are currently being filed as required under the rules. Furthermore, Verizon requested that the same case by case determination of the number of copies needed under P.U.C. Procedural Rule §22.309(a) regarding filing of arbitrated agreements be used. Verizon requested that the waiver continue until completion of the commission's rulemaking proceeding in Project Number 25599 pending before the commission.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477, no later than March 14, 2003. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 27364.

TRD-200301200

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 18, 2003


Notice of Filing to Withdraw Services Made Pursuant to Substantive Rule §26.208

Notice is given to the public of Southwestern Bell Telephone Company's application filed with the Public Utility Commission of Texas on January 24, 2003 to withdraw services.

Docket Title and Number: Application of Southwestern Bell Telephone, L.P. dba Southwestern Bell Telephone Company to Grandfather and Obsolete Transport Resource Management Service (TRMS) Pursuant to Subst. R. 26.208(h). Docket Number 27280.

On January 24, 2003, Southwestern Bell Telephone, L.P. dba Southwestern Bell Telephone Company filed an application requesting approval from the Public Utility Commission of Texas (commission) to grandfather and obsolete Transport Resource Management Service (TRMS) throughout its Texas service areas, effective March 6, 2003. TRMS is a bandwidth management service that provides integrated date, voice, and video multiplexing with subrate multiplexing, voice compression, voice and data bridging, fault tolerance, and advanced customer network management capability. If approved by the commission, TRMS will be limited to existing installations at existing locations for existing customers. Existing customers will be permitted to continue utilizing the service until terminated by the customer, however, the customer may not add to, outside move, or supersede the service. If you have any questions regarding this matter and/or wish to discuss Network Reconfiguration Service (NRS), SWBT's suggested alternative to TRMS, please contact SWBT's representative, Tracy Steen, at 1-915-498-2505.

Persons wishing to comment on this application should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll-free 1-800-735-298. All correspondence should refer to Docket Number 27280.

TRD-200301199

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 18, 2003


Public Notice of Interconnection Agreement

On February 13, 2003, Southwestern Bell Telephone, LP doing business as Southwestern Bell Telephone Company and El Paso Networks, LLC, collectively referred to as applicants, filed a joint application for approval of interconnection agreement pursuant to pursuant to Sections 251 and 252 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 2003) (PURA). The interconnection agreement was filed pursuant to the arbitration award issued in Petition of El Paso Networks, LLC for Arbitration of an Interconnection Agreement with Southwestern Bell Telephone Company. This application has been designated Docket Number 25188. The arbitration award and the underlying interconnection agreements are available for public inspection at the commission's offices in Austin, Texas.

The commission finds that public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreements. Any interested person may file written comments on the interconnection agreements 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 25188. The comments shall be filed no later than March 14, 2003, 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.

Any reply comments shall be filed no later than March 21, 2003 and shall not exceed seven pages in length.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the proceeding. 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 interconnection agreement 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 action, 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, or by phone 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 25188.

TRD-200301226

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 19, 2003


Texas Department of Transportation

Correction of Error

In the February 14, 2003 issue of the Texas Register (28 TexReg 1524), the Texas Department of Transportation adopted amendments to §§17.20, 17.24, 17.28 and 17.50 under Chapter 17, Subchapter B, Motor Vehicle Registration. Section 17.28 was adopted with changes and was republished. Due to an error in the submitted document, the adopted rule did not include changes in punctuation and wording that were originally proposed and adopted. The rule, as adopted, should read:

§17.28(b)(1)(A): Procedure. An owner of a vehicle registered as specified in §17.22 of this subchapter who wishes to apply for a specialty license plate, symbol, tab, or other device must do so on a form prescribed by the director.

§17.28(b)(2)(D): The application must include evidence of eligibility for any specialty license plates. The evidence of eligibility may include, but is not limited to:

§17.28(c)(2)(D): The department will issue Volunteer Firefighter license plates bearing the words "Certified Firefighter."

§17.28(e)(2)(B): Non-transferable between owners. The following specialty license plates, symbols, tabs, or other devices are not transferable from one person to another except as specifically permitted by statute:

TRD-200301346

Diane Northam

Agency Liaison

Texas Department of Transportation

Filed: February 21, 2003


Texas Water Development Board

Request for Applications for Planning and Project Grants Under the Federal Emergency Management Agency (FEMA) Flood Mitigation Assistance (FMA) Program

The Texas Water Development Board (Board) requests the submission of applications leading to the possible award of grants to develop flood mitigation plans and implement flood mitigation projects for areas in Texas from communities with the legal authority to plan for and mitigate the impacts of flooding, and which participate in the National Flood Insurance Program (NFIP). A community is defined as (a) a political subdivision, including any Indian tribe or authorized native organization, that has zoning and building code jurisdiction over a particular area having special flood hazards, and which is participating in the NFIP, or (b) a political subdivision or other authority that is designated to develop and administer a mitigation plan by political subdivisions, all of which meet the requirements of (a). Eligible applicants from any area of the State may submit applications for FMA planning and project grants. The available allocated amounts for Federal fiscal year 2003 is $87,400 for planning grants and $1,000,000 for project grants. These grants all require a 25 percent local match, of which not more than one-half (12.5 percent) may be in the form of in-kind services. No award for a planning grant may exceed $50,000, and no single community may receive more than one planning grant per 5-year period.

The purpose of the FMA program is to provide planning and project grants to develop or update flood mitigation plans and for implementing flood mitigation projects. The overall goal of the program is to fund cost-effective measures that reduce or eliminate the long-term risk of flood damage to buildings, manufactured homes, and other NFIP-insurable structures. Specific goals include reducing the number of repetitively or substantially damaged structures and associated claims under the NFIP and encouraging long-term comprehensive mitigation planning.

Planning grants are awarded to eligible communities to develop the flood mitigation plan for their planning area. Among the requirements for project grant applications is this FEMA approved flood mitigation plan. A copy of the approved plan must be submitted as an attachment to the applicant's submittal. Information contained within the NFIP Community Rating System (CRS) for the applying community may suffice as a flood mitigation plan, however, approval of this information as a flood mitigation plan is made by FEMA. In addition, applicants must supply a map of the geographical planning area and/or the area considered for the flood mitigation project. Deadline for submitting applications for the planning and/or project grant funds is 5:00 P.M., April 4, 2003. Eight double-sided copies of completed planning and/or project grant applications, including the required attachments and Federal forms, must be filed with the executive administrator prior to the respective deadline dates.

Applications will be evaluated according to rules provided in 31 TAC Chapter 368. Potential applicants should contact the Board to obtain these rules (which include eligibility requirements), as well as applications for planning and project grants, and the instruction sheets for completing the application, directing requests to Ms. Phyllis Thomas at (512) 463-7926, or Mr. Gilbert Ward at (512) 463-6418, by e-mail to phyllis.thomas@twdb.state.tx.us, or by going to the Board's web site at www.twdb.state.tx.us under the heading, "Hot Topics". Completed applications can be directed either in person to Ms. Phyllis Thomas, Texas Water Development Board, Stephen F. Austin Building, Room 447, 1700 North Congress Avenue, Austin, Texas; or by mail to the attention of Ms. Phyllis Thomas, Texas Water Development Board, P.O. Box 13231 - Capitol Station, Austin, Texas 78711-3231.

TRD-200301232

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: February 19, 2003