The Coastal Coordination Council (Council) files this Notice of Funds Availability to announce the availability of §306/§306A federal grant funds under the Texas Coastal Management Program (CMP). The purpose of the CMP is to improve the management of the state's coastal resources and to ensure the long-term ecological and economic productivity of the coast.

A federal award to the state of approximately $2 million in §306/§306A funding is expected in October 2005. The Council, which oversees the implementation of the CMP, passes through 90% of the available §306/§306A funds to eligible entities in the coastal zone to support projects that implement and/or advance the CMP goals and policies.

Eligible Applicants

The following entities are eligible to receive grants under the CMP.

1. Incorporated cities in the coastal zone.

2. County governments in the coastal zone.

3. Texas state agencies.

4. Texas public universities (including colleges and institutions of higher education).

5. Subdivisions of the state with jurisdiction in the coastal zone (e.g., navigation districts, port authorities, river authorities, and Soil and Water Conservation Districts with jurisdiction in the coastal zone).

6. Councils of governments and other regional governmental entities in the coastal zone.

7. The Galveston Bay Estuary Program.

8. The Coastal Bend Bays and Estuaries Program.

9. Nonprofit organizations located in Texas that are nominated by an eligible entity in categories 1-8 above. A nomination may take the form of a resolution or letter from a responsible official of an entity in categories 1-8. The nominating entity is not expected to financially or administratively contribute to the management and implementation of the proposed project.

Funding Categories

The Council will accept applications for projects that address any of the following funding categories. The categories are not listed in order of preference.

1. Coastal Natural Hazards Response

2. Critical Areas Enhancement

3. Shoreline Access

4. Water Quality Improvement

5. Waterfront Revitalization and Ecotourism Development

6. Permit Streamlining/Assistance and Governmental Coordination

7. Information and Data Availability

8. Public Education and Outreach

Grant workshops will be held in five coastal cities to help potential applicants through the Guidance and Application Package. Grant workshops are opportunities for potential applicants to learn about the changes made to the grant program and to discuss specific project ideas with staff. Applicants are not required to attend a workshop, but attendance is strongly encouraged.

Current subrecipients of CMP grant funding and their financial staff are also encouraged to attend the grant workshops. Grant workshops will be expanded this year to include project management training to educate subrecipients of the administrative requirements once a contract is executed. Project management training will cover the progress report, invoice, local match, budget amendment, timesheet, and equipment forms. Information on the §6217 Nonpoint Source Grant Program will also be presented during the grant workshops.

May 4, 2004, 1:00 p.m., Port Lavaca, City Hall, 202 N. Virginia.

May 13, 2004, 1:00 p.m., Corpus Christi, Texas A&M University - Natural Resources Center, 6300 Ocean Drive, Room 1003.

May 14, 2004, 8:30 a.m., South Padre Island, South Padre Island Convention Center, 7355 Padre Blvd, Room 203.

May 18, 2004, 1:00 p.m., Port Arthur, City Hall, 444 Fourth Street, 5th Floor.

May 19, 2004, 9:00 a.m., Galveston, Holbrook Annex Building, Hearing Room, 601 Tremont (corner of 23rd and Church).

To obtain a copy of the Guidance and Application Package, please contact Melissa Porter at (512) 475-1393 or (800) 998-4GLO (email:melissa.porter@glo.state.tx.us) or Kathy Smartt at (512) 475-1552 (email:kathy.smartt@glo.state.tx.us). The requirements to receive federal grant funds are outlined in the guidance. Written requests for the Guidance and Application Package should be addressed to: Coastal Coordination Council, CMP Grants Program, c/o Texas General Land Office, P.O. Box 12873, Austin, Texas, 78711-2873. The Guidance and Application Package is also available on the GLO's Home Page on the World Wide Web at: http://www.glo.state.tx.us/coastal/grants/index.html.

The deadline for receiving draft grant applications is Wednesday, June 16, 2004, by 5:00 p.m. Submission of a draft grant application is optional but is strongly recommended for first-time and/or inexperienced applicants. Written comments will only be provided to applicants who submit draft grant applications by June 16, 2004, by 5:00 p.m. The deadline for receiving final grant applications is Wednesday, October 6, 2004, by 5:00 p.m. Draft grant applications and final grant applications must be mailed (regular, express, or certified) or hand-delivered to: Coastal Coordination Council, CMP Grants Program, c/o Texas General Land Office, Stephen F. Austin Building, Room 617, 1700 North Congress Avenue, Austin, Texas 78701-1495. Facsimiles, electronic mail transmissions, and applications postmarked on or after the due date will not be accepted.

TRD-200402477

Larry L. Laine

Chief Clerk/Deputy Commissioner

Coastal Coordination Council

Filed: April 14, 2004

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

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 04/19/04 - 04/25/04 is 18% for Consumer ¹ /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 04/19/04 - 04/25/04 is 18% for Commercial over $250,000.

¹ Credit for personal, family or household use.

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

TRD-200402467

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: April 13, 2004

Notices mailed March 29, 2004 through March 31, 2004

Texas Commission on Environmental Quality (TCEQ) Internal Control No. 12052003-D16; WCF Development X, L.P., (Petitioner) filed a petition for creation of Brazoria County Municipal Utility District No. 35 (District) with the TCEQ. The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there are two lienholders, Southwest Bank of Texas and Allied Houston Bank, on the land to be included in the proposed District; (3) the proposed District will contain approximately 110.41 acres located within Brazoria County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Pearland, Texas, and is not within the jurisdiction of any other city, town, or village in Texas. The Petitioner has also provided the TCEQ with certificates evidencing the consent of Southwest Bank of Texas and Allied Houston Bank to the creation of the proposed District. By Ordinance No. 1136, effective November 24, 2003, the City of Pearland, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will (1) purchase, construct, acquire, maintain, and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage; (3) control, abate, and amend local storm waters or other harmful excesses of waters, all as more particularly described in an engineer's report filed simultaneously with the filing of the petition; and (4) purchase, construct, acquire, improve, maintain, and operate additional facilities, systems, plans, and enterprises as consonant with the purposes for which the District is created. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $14,080,000.

TCEQ Internal Control No. 02272004-D05; East Central Water Supply Corporation (Petitioner) has filed a petition with the Texas Commission on Environmental Quality (TCEQ) to convert East Central Water Supply Corporation to East Central Special Utility District (District) and to transfer Certificate of Convenience and Necessity (CCN) No. 10655 from East Central Water Supply Corporation to East Central Special Utility District. East Central Special Utility District's business address will be: P.O. Box 570; Adkins, Texas 78101. The petition was filed pursuant to Chapters 13 and 65 of the Texas Water Code; 30 Texas Administrative Code Chapters 291 and 293; and the procedural rules of the TCEQ. The nature and purpose of the petition are for the conversion of East Central Water Supply Corporation and the organization, creation and establishment of East Central Special Utility District under the provisions of Article XVI, Section 59, Texas Constitution, and Chapter 65 of the Texas Water Code, as amended. The District shall have the purposes and powers provided in Chapter 65 of the Texas Water Code, and CCN No. 10655 shall be transferred as provided in Chapter 13, of the Texas Water Code, as amended. The nature of the services presently performed by East Central Water Supply Corporation is to purchase, own, hold, lease and otherwise acquire sources of water supply; to build, operate and maintain facilities for the transportation of water; and to sell water to individual members, towns, cities, private businesses, and other political subdivisions of the State. The nature of the services proposed to be provided by East Central Special Utility District is to purchase, own, hold, lease, and otherwise acquire sources of water supply; to build, operate, and maintain facilities for the storage, treatment, and transportation of water; and to sell water to individuals, towns, cities, private business entities and other political subdivisions of the State. Additionally, it is proposed that the District will protect, preserve and restore the purity and sanitary condition of the water within the District. It is anticipated that conversion will have no adverse effects on the rates and services provided to the customers. The proposed District is located in Bexar, Wilson and Guadalupe Counties and will contain approximately 135.97 square miles. The territory to be included within the proposed District includes all of the singularly certified service area covered by CCN No. 10655. CCN No. 10655 will be transferred after a positive confirmation election.

TCEQ Internal Control No. 03112004-D01; JDC/Firethorne, Ltd. (Petitioner) filed a petition for creation of Fort Bend County Municipal Utility District No. 151 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there is one lienholder, Residential Funding Corporation, on the property to be included in the proposed District; (3) the proposed District will contain approximately 972.991 acres located within Fort Bend County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Fulshear, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. The Petitioner has also provided the TCEQ with a certificate evidencing the consent of Residential Funding Corporation to the creation of the proposed District. By "Development Agreement Between the City of Fulshear, Texas and JDC/Firethorne, Ltd.," dated January 20, 2004, the City of Fulshear, Texas gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) design, construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; (3) control, abate and amend local storm waters or other harmful excesses of water; and (4) purchase, construct, acquire, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created, all as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $69,500,000.

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

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

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

TRD-200402378

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 8, 2004

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive comments concerning revisions to §§37.901, 37.911, 37.921, 37.931, and 37.8001 of 30 TAC Chapter 37, Financial Assurance; amended §328.4 and §328.5 of 30 TAC Chapter 328, Waste Minimization and Recycling; amended §330.3 and §330.280, new §330.282, and the repeal of existing §330.282 of 30 TAC Chapter 330, Municipal Solid Waste; amended §332.34 and §332.47 of 30 TAC Chapter 332, Composting; and amended §335.24 of 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste, under the requirements of Texas Health and Safety Code, §382.017 and Texas Government Code, Chapter 2001, Subchapter B.

The proposed rulemaking would require the owner or operator of an affected recycling facility to have sufficient financial assurance to properly close a facility. The proposed rules would apply to recycling facilities that store combustible material outdoors and recycling facilities that pose a significant risk to public health and safety.

A public hearing on this proposal will be held in Austin on May 20, 2004 at 10:00 a.m. in Building F, Room 2210, at the commission's central office, located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

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

Comments may be submitted to Joyce Spencer, Texas Commission on Environmental Quality, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512) 239-4808. All comments should reference Rule Project Number 2004- 002-037-AD. Comments must be received by 5:00 p.m., May 24, 2004. For further information, please contact Debi Dyer, Policy and Regulations Division, at (512) 239-3972.

TRD-200402386

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: April 8, 2004

Notices mailed March 26, 2004 through April 1, 2004.

PROPOSED PERMIT NO. 5825; Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas, 78736, applicant, seeks a temporary Water Use Permit, pursuant to Texas Water Code (TWC) §11.138 and Texas Commission on Environmental Quality Rules 30 TAC §§295.1, et seq. Applicant has applied to the Texas Commission on Environmental Quality for a temporary water use permit to divert and use not to exceed 300 acre-feet of water at a maximum rate of 0.446 cfs (200 gpm) from the Moral Creek, tributary of Bayou Loco, tributary of the Angelina River, tributary of the Neches River for wetland restoration and maintenance in Nacogdoches County within a period of eight months. Applicant seeks to divert from a point near the crossing of FM 2782 located 6.2 miles south from the City of Nacogdoches. The temporary permit, if issued, will be junior in priority to all senior and superior water rights in the Neches River Basin. The application was received on December 19, 2003 and additional fees were received on March 1, 2004. The application was determined to be administratively complete and filed with the Chief Clerk on March 10, 2004. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by April 16, 2004.

PROPOSED TEMPORARY PERMIT NO. TP-8252; Starr Enterprises, LLP, 15650 East U.S. 80, Sunnyvale, Texas 75182, has requested authorization to divert and use not to exceed 320 acre-feet of water per year at a maximum diversion rate of 2.01 cfs (900 gpm) for a three-year period from the East Fork Trinity River, tributary of the Trinity River, Trinity River Basin, Kaufman County, Texas, for agricultural (establishment of grass farm) purposes. The diversion point will be located at the stream crossing of US 80, approximately 23 miles northwest of Kaufman and 3 miles west of Forney, Kaufman County, Texas. The application was received on January 30, 2004, and the required fees were received on February 19, 2004. The Executive Director reviewed the application and determined it to be administratively complete on February 25, 2004. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by April 19, 2004.

APPLICATION NO. 08-4279A; SJRA, P.O. Box 329, Conroe, Texas 77305-0329, applicant, seeks an amendment to Certificate of Adjudication No. 08-4279 pursuant to §11.122, Texas Water Code and Texas Commission on Environmental Quality Rules 30 TAC §§295.1, et seq. SJRA owns a portion of Certificate of Adjudication No. 08-4279 which authorizes SJRA to divert and use not to exceed 30,000 acre-feet of water per annum from Lake Anahuac on Turtle Bayou; Trinity Bay; and the Trinity River, Trinity River Basin in Chambers County for agricultural purposes (irrigation) at a proportionate maximum diversion rate of 156.23 cfs (70,116.024 gpm). The time priority for this right is June 26, 1914. Applicant seeks to amend their portion of Certificate of Adjudication No. 08-4279 by adding industrial and municipal purposes; an additional upstream diversion point; and allow for an exempt IBT in order to use the 30,000 acre-feet of water within SJRA's service area in the adjoining Trinity-San Jacinto Coastal Basin. The proposed diversion point is located on the Trinity River at the existing Coastal Water Authority's (CWA) Trinity River Pump Station at Latitude 29.9916° N, Longitude 94.8119° W, being the same point authorized by Certificate of Adjudication No. 08-4261 (Diversion Point 1). This point is located approximately 6.69 miles in a southwest direction from the Liberty County Court House in the John A. Williams Grant, Abstract 119, Liberty County, Texas. Applicant has a "Water Conveyance Contract" dated February 28, 1998 with CWA which allows CWA to divert for SJRA the 30,000 acre-feet of water from the Trinity River pump station at a maximum diversion rate of 150 cfs (67,320 gpm) and convey SJRA's water in CWA's Canal to an existing facility at the intersection with the SJRA's Main (South) Canal. The water will then be transported through the East Canal for use in the SJRA's Service area in the Baytown Area in the Trinity-San Jacinto Coastal Basin. Applicant has indicated that any unused water or return flow will be returned to the Galveston Bay. The Commission will review the application as submitted by the applicant and may or may not grant the application as submitted. The application was received on December 8, 2003 and additional information was received on February 3, 2004. The application was accepted for filing and declared administratively complete on February 25, 2004. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by May 3, 2004.

CERTIFICATE OF ADJUDICATION NO. 12-3711; White River Municipal Water District, HCR 2, Box 141, Spur, Texas 79370, applicant, has applied to the Texas Commission on Environmental Quality (TCEQ) for a Water Use Permit pursuant to §11.145, Texas Water Code, and Texas Commission on Environmental Quality Rules 30 TAC §§295.1, et seq. Certificate of Adjudication No. 12-3711 authorizes owner to construct a dam and reservoir on the North Fork Double Mountain Fork Brazos River, tributary of the Double Mountain Fork Brazos River, tributary of the Brazos River, Brazos River Basin, having a capacity of 57,420 acre-feet of water and to divert and use a maximum of 10,600 acre-feet per annum from a point on the reservoir at a maximum diversion rate of 54.22 cfs (24,400 gpm) for municipal, industrial, and mining purposes in Garza, Crosby, Dickens, Kent, and Lubbock Counties. Certificate of Adjudication No. 12-3711 was issued on February 20, 1985 and the last order for an extension of time to begin and/or complete construction of the reservoir was issued on February 8, 2001. The applicant requests authorization for an extension of time to commence and complete construction of the dam and reservoir. The requested date for commencement of construction is July 24, 2008. The requested date for completion of construction is July 24, 2012. The applicant has indicated that it requires an extension of time to further identify specific water demands that the reservoir will meet, and to identify project sponsors to fund construction of the dam and reservoir. Based on the authority granted in Texas Water Code §16.051(f)(2), and pursuant to Texas House Bill 3096, 77th Legislature, Regular Session (2001), the Texas Legislature has designated the reservoir site as being of unique value for construction of a dam and reservoir. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on December 19, 2003. Additional fees were received on January 20, 2004. The application was determined to be administratively complete and filed with the Office of the Chief Clerk on February 2, 2004. Written public comments and requests for a public meeting should be received in the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

Information Section

A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in an application.

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

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

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

TRD-200402377

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 8, 2004

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 May 24, 2004 . 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 May 24, 2004 . 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: Bell County Water Control and Improvement District No. 3; DOCKET NUMBER: 2003-0456-WR-E; IDENTIFIER: Public Water Supply (PWS) Number 0140031; LOCATION: Nolanville, Bell County, Texas; TYPE OF FACILITY: wholesale public water supply; RULE VIOLATED: 30 TAC §288.22(a)(1), (6)(A) and (7), and §288.30(4), by failing to submit a drought contingency plan that includes all elements for municipal use by a wholesale public water supplier; PENALTY: $263; ENFORCEMENT COORDINATOR: Kim Morales, (713) 767-3500; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(2) COMPANY: Campbell Soup Supply Company L.L.C.; DOCKET NUMBER: 2003-1591-AIR-E; IDENTIFIER: Air Account Number LA-0005-R, Regulated Entity Reference Number RN100216753; LOCATION: Paris, Lamar County, Texas; TYPE OF FACILITY: food processing; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit the annual certification of compliance with Title V Federal Operating Permit Number O-01141 within 30 days after the end of the certification period; and 30 TAC §122.145(2)(B), by failing to submit deviation reports for the untimely submittal of the annual compliance certification for Title V Federal Operating Permit Number O-01141; PENALTY: $3,800; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(3) COMPANY: Contractor's Supplies, Inc.; DOCKET NUMBER: 2003-1359-WQ-E; IDENTIFIER: National Pollutant Discharge Elimination System (NPDES) General Permit Number TXG110197, Regulated Entity Reference Number RN100249556; LOCATION: Longview, Gregg County, Texas; TYPE OF FACILITY: ready mixed concrete; RULE VIOLATED: 30 TAC §305.125(1), NPDES Permit Number TXG110197, and the Code, §26.121, by failing to comply with permitted discharge limitations for total suspended solids (TSS) daily maximum limit for August 2001, January 2002, and February and March 2003, oil and grease daily maximum limit for September 2001, and total mercury daily average and daily maximum limit for February 2003; and 30 TAC §334.128(a) and §334.22(a), by failing to pay annual petroleum storage tank (PST) facility fees for Fiscal Years 2003 and 2004; PENALTY: $4,495; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(4) COMPANY: Corpus Christi Independent School District; DOCKET NUMBER: 2003-1175-PST-E; IDENTIFIER: PST Facility Identification Number 4340, Regulated Entity Reference Number RN102832755; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor an underground storage tank (UST) for releases at least once every month; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Rick Ciampi, (512) 239-3119; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas, (361) 825-3100.

(5) COMPANY: Czech Catholic Home for the Aged; DOCKET NUMBER: 2003-1360-WQ-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 0010935-001, Regulated Entity Reference Number RN102180163; LOCATION: El Campo, Wharton County, Texas; TYPE OF FACILITY: domestic wastewater system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 0010935-001, and the Code, §26.121(a), by failing to comply with permitted levels for TSS and five-day biochemical oxygen demand (BOD5); PENALTY: $14,130; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: D & B Express Marts, Inc. dba Sugar Hill Express; DOCKET NUMBER: 2003-0964-PST-E; IDENTIFIER: PST Facility Identification Number 0010212; LOCATION: Greenville, Hunt County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Brad Brock, (512) 239-1165; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: David Dunn; DOCKET NUMBER: 2003-1474-LII-E; IDENTIFIER: Regulated Entity Reference Number RN104025283; LOCATION: Floresville, Wilson County, Texas; TYPE OF FACILITY: landscape irrigation installation; RULE VIOLATED: 30 TAC §30.5(a) and (b) and §344.4(a), and the Code, §34.007(a), by failing to obtain a license before representing to the public that he could perform services for which a license is required; PENALTY: $263; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(8) COMPANY: Duke Energy Field Services, L.P.; DOCKET NUMBER: 2002-1386-AIR-E; IDENTIFIER: Air Account Numbers ML-0008-Q, FC-0034-I, and JE-0203-B and Regulated Entity Reference Numbers RN100209907, RN100223460, and RN101062032; LOCATION: near Odessa, Midland County (Site 1), Warda, Fayette County (Site 2), and Port Arthur, Jefferson County (Site 3), Texas; TYPE OF FACILITY: natural gas compressor station and two natural gas processing plants; RULE VIOLATED: 30 TAC §101.20(1), 40 Code of Federal Regulations (CFR) §§60.632(a), 60.482-2(a)(1), and 60.482-7(a), General Operating Permit (GOP) Number O-00846, and THSC, §382.085(b), by failing to begin fugitive emissions monitoring within 180 days after the facility at Site 1 became subject to monitoring requirements; 30 TAC §122.146(2) and GOP Number O-00544, by failing to submit the operating permit compliance certification for Site 2 no later than 30 days after the end of the certification period; and 30 TAC §§117.208(d)(7), 122.143(4), and 122.511(b)(1) and (12), and GOP Number O-00285, by failing to complete quarterly checks for proper operation of the engines at Site 3; PENALTY: $39,303; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 655-9479; 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838; and 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(9) COMPANY: Equistar Chemicals, L.P.; DOCKET NUMBER: 2002-0886-AIR-E; IDENTIFIER: Air Account Number BL-0113-I; LOCATION: near Alvin, Brazoria County, Texas; TYPE OF FACILITY: industrial organic chemicals production; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 4634B, and THSC, §382.085(b), by failing to operate below the maximum liquid flow rate of 12 gallons per minute to the wet air oxidizer and below the maximum benzene by weight concentration of 100 parts per million; 30 TAC §116.115(b)(2)(G) and (c) and Air Permit Number 20993, by failing to meet volatile organic compounds (VOCs) emission limitations; Air Permit Number 19558, by failing to meet particulate matter emission limitations; 30 TAC §116.115(b)(1), by failing to route the waste gas streams from the pressure relief valve located on the butadiene column to the flare; 30 TAC §116.115(c), by failing to monitor the VOCs associated with the outlet cooling tower water samples, and failing to monitor and record speciated VOCs associated with the cooling tower water samples in January and April 2000; and 30 TAC §113.130 and 40 CFR §63.168(b)(1), by failing to conduct quarterly fugitive monitoring of valves which are subject to hazardous organic national (HON) emission standards; PENALTY: $27,750; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: ExxonMobil Oil Corporation dba Mobil Chemical Beaumont Chemical Plant; DOCKET NUMBER: 2003-1455-AIR-E; IDENTIFIER: Air Account Number JE-0062-S; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §101.20(3) and §116.115(b)(2)(G) and (c), Permit Number 7799/PSD-TX-860, and THSC, §382.085(b), by failing to maintain an emission rate below the allowable emission limit in the maximum allowable emission rate table for October 8 - 9, November 1, and November 22, 2002, and March 26, March 28, and April 23, 2003; 30 TAC §101.201(b)(8), by failing to properly notify the regional office of an emission event; and THSC, §382.085(a), by failing to prevent the unauthorized emission of an air contaminant on December 27, 2002, and March 26 and April 23, 2003; PENALTY: $21,708; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(11) COMPANY: Exxon Mobil Corporation dba ExxonMobil Chemical Company; DOCKET NUMBER: 2003-1138-AIR-E; IDENTIFIER: Air Account Number HG-0229-F; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §117.205(d)(1) and §117.520(c)(1)(B) and THSC, §382.085(b), by failing to prevent unauthorized emissions of approximately 27 tons per year average of nitrogen oxides (NOx) due to a failure to install required control equipment in a timely manner; 30 TAC §117.219(e)(1), by failing to submit three semi-annual NOx reasonably available control technology reports in a timely and complete manner; THSC, §382.085(a), by failing to prevent unauthorized emissions of 12,000 pounds of propylene on January 3, 2002, and 216 pounds of benzene on July 12, 2002; 40 CFR §63.152(c)(1), by failing to submit in a timely manner the semi-annual report for the HON emission standards for hazardous air pollutants aromatics and butenes processing units; and 40 CFR §63.152(b)(1), by failing to include tank TK0112 as group 2 tanks subject to the HON in the notification of compliance status report dated September 18, 1997; PENALTY: $38,803; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(12) COMPANY: Charles J. Engle dba Fabens Oil Company; DOCKET NUMBER: 2004-0062-AIR-E; IDENTIFIER: Air Account Number EE-1001-L; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: UST and gasoline dispensing pump; RULE VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by failing to comply with the 7.0 pounds per square inch absolute (psia) maximum Reid vapor pressure (RVP) requirement during the control period of June 1 - September 16, 2002 for El Paso County; PENALTY: $600; ENFORCEMENT COORDINATOR: Ed Moderow, (512) 239-3275; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(13) COMPANY: Gulf Marine Fabricators, Inc.; DOCKET NUMBER: 2002-1332-MWD-E; IDENTIFIER: TPDES Permit Numbers 0003012-000 and 0012064-001; LOCATION: Ingleside and Aransas Pass, San Patricio County, Texas; TYPE OF FACILITY: construction associated with marine offshore activities; RULE VIOLATED: 30 TAC §305.125(1), Air Permit Numbers 0003012-000 and 0012064-001, and the Code, §26.121(a), by failing to comply with the effluent limitations and monitoring requirements and failing to notify the TCEQ in writing within five working days after becoming aware of the effluent violations which deviated from the permitted effluent limitation by more than 40%; PENALTY: $17,900; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas, (361) 825-3100.

(14) COMPANY: H & H Meat Products, Inc. dba H & H Foods; DOCKET NUMBER: 2003-0358-MLM-E; IDENTIFIER: Regulated Entity Reference Number RN100839679; LOCATION: Mercedes, Hidalgo County, Texas; TYPE OF FACILITY: meat packing plant; RULE VIOLATED: 30 TAC §335.4(2), by failing to prevent the disposal of industrial solid waste in such a manner as to cause the creation and maintenance of a nuisance; and 30 TAC §312.142(a), by failing to apply for registration with the commission on forms furnished by the executive director and receive a registration from the executive director prior to commencing operations; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(15) COMPANY: Harrold Water Supply Corporation; DOCKET NUMBER: 2003-0292-PWS-E; IDENTIFIER: PWS Facility Number 2440002, Certificate of Convenience and Necessity Number 12410, Regulated Entity Reference Number RN101440675; LOCATION: Harrold, Wilbarger County, Texas; TYPE OF FACILITY: public water supply system; RULE VIOLATED: 30 TAC §290.42(e)(4)(A), by failing to have a full-face, self-contained breathing apparatus or supplied air respirator and ammonia bottle outside the chlorinator room; 30 TAC §290.42(e)(6) (now 30 TAC §290.42(e)(4)(C)), by failing to properly install a fan in the chlorinator room; 30 TAC §290.46(h)(4), by failing to test one establishment where suspected contamination hazards exist for backflow prevention assemblies; 30 TAC §290.46(e)(1)(A) (now 30 TAC §290.46(e)(3)(A)), by failing to operate under the direct supervision of a competent water works operator holding a class "D" or higher groundwater operator's certificate; 30 TAC §290.46(f), by failing to document disinfecting new lines and repairs; 30 TAC §290.46(f)(3)(A)(ii) (now 30 TAC §290.46(f)(3)(A)(ii)(III)), by failing to maintain records of water works operations and maintenance activities; 30 TAC §290.44(f)(3)(E)(I), by failing to retain copies of the monthly operating reports; 30 TAC §290.46(j), by failing to conduct customer service inspections prior to providing continuous water service; 30 TAC §290.46(1), by failing to flush dead end mains monthly; 30 TAC §290.46(m)(1), by failing to inspect elevated and ground water storage tanks annually; and 30 TAC §290.46(t), by failing to post an ownership sign at the pump station and the elevated storage tank; PENALTY: $1,260; ENFORCEMENT COORDINATOR: Bill Davis, (512) 239-6793; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(16) COMPANY: Joe Amos dba J & J Sports; DOCKET NUMBER: 2003-1440-AIR-E; IDENTIFIER: Air Account Number DF0697B; LOCATION: Double Oak, Denton County, Texas; TYPE OF FACILITY: boat building and repair; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain authorization to construct or operate a facility; PENALTY: $4,350; ENFORCEMENT COORDINATOR: Walter Lassen, (512) 239-0513; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(17) COMPANY: Kelly Lane Utility Company; DOCKET NUMBER: 2002-1395-MWD-E; IDENTIFIER: TPDES Permit Number 13219-001; LOCATION: Pflugerville, Travis County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and TPDES Permit Number 13219-001, by failing to calibrate the flow measuring device as often as necessary to ensure accuracy; and the Code, §26.121(a), by failing to comply with permitted effluent limits for daily average flow, TSS, BOD, ammonia nitrogen, and total phosphorus from January 2001 - May 2002; PENALTY: $3,900; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(18) COMPANY: Kettle Cooked Foods, Inc.; DOCKET NUMBER: 2003-1516-AIR-E; IDENTIFIER: Air Account Number TA-4004-G; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: food processing; RULE VIOLATED: 30 TAC §122.146(1) and (2), by failing to certify compliance with the terms and conditions of the operating permit within 30 days following the end of the 12-month reporting period of December 7, 2001 - December 6, 2002; PENALTY: $1,300; ENFORCEMENT COORDINATOR: Vanessa Davis, (512) 239-1993; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(19) COMPANY: Kinder Morgan CO2 Company, L.P.; DOCKET NUMBER: 2003-1221-AIR-E; IDENTIFIER: Air Account Number SG-0029-C, RN102170966; LOCATION: Snyder, Scurry County, Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30 TAC §122.145(2)(C), §122.146(2), GOP Number 514, and THSC, §382.085(b), by failing to submit the Title V permit compliance certification within 30 days after the end of the certification period and failing to submit a Title V deviation report no later than 30 days after the end of the reporting period in which the deviations occurred; and 30 TAC §122.145(1)(C), by failing to submit the semiannual well monitoring reports for the gas processing system no later than 30 days after the end of the reporting period; PENALTY: $9,500; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(20) COMPANY: Little Big Inch Pipeline Company, Incorporated; DOCKET NUMBER: 2004-0080-AIR-E; IDENTIFIER: Air Account Number EE1673C; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: motor fuel dispensing; RULE VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by failing to prevent the transfer of gasoline at a motor refueling facility which had a RVP greater than 7.0 psia.; PENALTY: $520; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(21) COMPANY: Matthews Backhoe, Inc.; DOCKET NUMBER: 2003-1477-MSW-E; IDENTIFIER: Regulated Entity Reference Number RN101801090; LOCATION: Meadow, Terry County, Texas; TYPE OF FACILITY: excavation; RULE VIOLATED: 30 TAC §330.4(a) and (b), §330.32(b), and the Code, §26.121(a), by transporting and disposing of municipal solid waste at an unauthorized site; PENALTY: $600; ENFORCEMENT COORDINATOR: Rick Ciampi, (512) 239-3119; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(22) COMPANY: MCMC Auto Ltd.; DOCKET NUMBER: 2003-1543-PST-E; IDENTIFIER: PST Facility Identification Number 20963, Regulated Entity Reference Number RN102054541; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: used auto sales; RULE VIOLATED: 30 TAC §334.49(c)(4)(C) and the Code, §26.3475(d), by failing to perform an operability test on a cathodic protection system within three - six months after installation and at a subsequent frequency of at least once every three years; 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; 30 TAC §334.50(d)(1)(B)(ii), by failing to conduct reconciliation of detailed inventory control records at least once each month; 30 TAC §334.8(c)(4)(B) and the Code, §26.346(a), by failing to ensure that the UST registration and self-certification form was fully and accurately completed and submitted in a timely manner; and 30 TAC §334.8(c)(5)(A)(I) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before the delivery of a regulated substance into a UST system ; PENALTY: $11,200; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(23) COMPANY: Motheral Printing Company; DOCKET NUMBER: 2003-1222-AIR-E; IDENTIFIER: Air Account Number TA-0849-S; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: printing; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(b), by failing to prevent odors from leaving the facility and causing an off-property public odor nuisance; 30 TAC §116.115(b)(2)(G) and (c) and Permit Number 9852, by failing to comply with the permit material usage limitations within the site permit, failing to operate the catalytic incinerator at an overall destruction efficiency of at least 90%, resulting in an exceedance of the annual permitted emission rate for VOCs, failing to record the catalyst outlet temperatures daily, failing to conduct quarterly inspections, failing to maintain inspection and maintenance records sufficient to document compliance, and by failing to store material containing potential air contaminants in covered cabinets; PENALTY: $11,155; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(24) COMPANY: New Way Enterprise Inc; DOCKET NUMBER: 2003-0891-PST-E; IDENTIFIER: PST Facility Identification Number 35274, Regulated Entity Reference Number RN101892982; LOCATION: Angleton, Brazoria County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Lori Thompson, (903) 535-5100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(25) COMPANY: Wiltshire Brothers, Inc. dba Perfect Lawns of Austin; DOCKET NUMBER: 2003-1538-IRR-E; IDENTIFIER: Customer Identification Number 602511875; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: lawn maintenance, landscaping, and irrigation; RULE VIOLATED: 30 TAC §344.4, §30.5(a) and (b), and the Code, §37.003, by failing to hold an irrigation license prior to performing repair work on an irrigation system, and failing to hold an irrigation license prior to advertising irrigation services; PENALTY: $525; ENFORCEMENT COORDINATOR: Craig Carson, (512) 239-5612; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(26) COMPANY: Richmar Foods, Inc. dba Rainbow Foods; DOCKET NUMBER: 2003-0570-AIR-E; IDENTIFIER: PST Facility Identification Numbers 74807 and 74808; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: gasoline fueling; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to comply with the minimum oxygen content of 2.7% by weight requirement for the dispensing of gasoline in El Paso County during the period of October 1, 2002 - March 31, 2003; PENALTY: $1,632; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(27) COMPANY: Sawyer Ranch, Ltd.; DOCKET NUMBER: 2003-1563-EAQ-E; IDENTIFIER: Edwards Aquifer Registration Number 11-01052201; LOCATION: Dripping Springs, Hays County, Texas; TYPE OF FACILITY: single-family residential project; RULE VIOLATED: 30 TAC §213.4(k), by failing to comply with a special condition of an approved Edwards Aquifer protection plan; PENALTY: $950; ENFORCEMENT COORDINATOR: Mauricio Olaya, (915) 834-4949; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(28) COMPANY: Superior Lubricants, Inc. dba Superior Fuels; DOCKET NUMBER: 2004-0128-PST-E; IDENTIFIER: Regulated Entity Reference Number RN103126199; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe a valid, current delivery certificate prior to depositing any regulated substance into a UST; PENALTY: $800; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(29) COMPANY: Randy Sweetland; DOCKET NUMBER: 2003-0648-LII-E; IDENTIFIER: TCEQ Identification Number: None; LOCATION: Tomball, Harris County, and Conroe, Montgomery County, Texas; TYPE OF FACILITY: landscape irrigation installation; RULE VIOLATED: 30 TAC §344.4, §30.5(b), and the Code, §34.007(a), by representing to the public that he could perform services for which a license is required, and selling and installing a landscape irrigation system without first obtaining the required permit; and 30 TAC §344.58(b), by using the license of another without authorization; PENALTY: $4,126; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(30) COMPANY: City of Watauga; DOCKET NUMBER: 2003-0636-PWS-E; IDENTIFIER: PWS Number 2200328, Regulated Entity Reference Number RN101392348; LOCATION: Watauga, Tarrant County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(b)(1) and THSC, §341.031(a), by failing to comply with the five percent maximum containment level for bacteriological samples tested with coliform present during the months of May, July, and September 2002; PENALTY: $1,725; ENFORCEMENT COORDINATOR: Lori Thompson, (903) 535-5100; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(31) COMPANY: Westwood Water Supply Corporation; DOCKET NUMBER: 2004-0016-MWD-E; IDENTIFIER: TPDES Permit Number WQ0011337001; LOCATION: near Jasper, Jasper County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0011337001, and the Code, §26.121(a), by failing to comply with permitted effluent limits at Outfall 001; PENALTY: $6,250; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

TRD-200402469

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 13, 2004

The Criminal Justice Division (CJD) of the Governor's Office is soliciting applications for local projects to implement comprehensive plans developed by communities under the fiscal year 2005 grant cycle.

Purpose: The purpose of the project is to reduce delinquency and youth violence by supporting communities in providing their children, families, neighborhoods, and institutions with the knowledge, skills, and opportunities necessary to foster a healthy and nurturing environment which supports the growth and development of productive and responsible citizens.

Available Funding: Federal funding is authorized under the Juvenile Justice and Delinquency Act of 2002, Public Law 107-273, codified as amended at 42 U.S.C. 5781 et seq. All grants awarded from this fund must comply with the requirements contained therein. 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, which is hereby adopted by reference.

Funding Levels: Grantees are allowed a maximum of three years of funding (this includes any years previously funded for the same project). The minimum award amount is $25,000 and the maximum award amount is $250,000.

Required Match: Grantees must provide matching funds of at least thirty-four percent (34%) of total project expenditures. This requirement must be met through cash and/or in-kind contributions.

Eligible Applicants:

(1) Units of local government; and

(2) Native American Tribal Governments performing law enforcement functions.

Requirements: Each community applying for funds must have a local prevention policy board that will direct the project and develop a three-year delinquency prevention plan. The prevention plan must be based on an assessment of risk factors associated with the development of delinquent behavior in the community's children. This plan must address one or more of the following activities:

(1) Alcohol and substance abuse prevention services;

(2) Tutoring and remedial education;

(3) Child and adolescent health and mental health services;

(4) Recreation services;

(5) Leadership and youth development activities;

(6) Teaching accountability;

(7) Assistance in the development of job training skills; and

(8) Other Data-driven evidence based prevention programs.

Project Period: Grand-funded projects must begin on or after September 1, 2004, and will expire on or before August 31, 2005.

Prohibitions: Grant funds may not be used for the following:

(1) Government official's salary;

(2) Overtime;

(3) Vehicle purchases for governmental agencies for general agency use;

(4) Purchase of weapons, ammunition, explosives, or military vehicles;

(5) Admission fees to any amusement park, recreational activity, or sporting event, or promotional gifts;

(6) Transportation, lodging, per diem, or any related costs for participants, when grant funds are used to develop and conduct trainings;

(7) Food, meals, beverages, or other refreshments unless the expense is for a working event where full participation by participants mandates the provision of food and beverages and that event is not related to amusement and/or social activities in any way; and

(8) Membership dues for individuals.

Years of Funding: CJD will not fund grant projects through this funding source for more than three years.

Application Process: Eligible applicants can download an application kit from the Office of the Governor's web site address located at http://www.governor.state.tx.us.

Preferences: Preference will be given to those applicants who conduct comprehensive community planning and propose implementation of local programs that focus on delinquency prevention.

Closing Date for Receipt of Applications: All applications must be submitted electronically directly to the Office of the Governor, Criminal Justice Division, via e-mail at: cjdapps@governor.state.tx.us on or before June 1, 2004. Applicants must also submit the Grant Application Certification Form signed by the Authorized Official via facsimile at (512) 475-2440 to the Office of the Governor, Criminal Justice Division on or before June 1, 2004.

Selection Process: Applications are reviewed by CJD for eligibility. A Determine Eligibility Form is included with the application kit and must be completed in its entirety in order to be considered for funding.

Contact Person: If additional information is needed, contact Sanzanna Lolis at slolis@governor.state.tx.us or at (512) 463-1919.

TRD-200402471

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: April 13, 2004

Pursuant to 25 Texas Administrative Code, §289.205, the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: Good Shepherd Medical Center, Longview, M00327; San Angelo State School, Carlsbad, R00210; Robert M. Mapula, D.D.S., El Paso, R03425; Global Dosimetry Solutions, Inc., Costa Mesa, California, R07001; Jeffery L. Brandon, M.D., El Paso, R07143; Ellwood Texas Forge, Houston, R13387; Stephen A. Laman, D.D.S., Houston, R16169; Travis Outpatient Surgery, LP, Houston, R16378; Mason Clinic, Dallas, R21251; Acme Bryan Chiropractic, LLC, College Station, R22729; Robert William Garcia, M.D., P.A., Odessa, R24937; Front Line Technologies, Inc., Houston, R26219; DDI Dynamic Details, LP, Dallas, R26305; Talamantez Chiropractic, Brownsville, R26888; Dekko Global Enterprise, LLC, El Paso, R26893; Cy-Fair Institute, Huntsville, Z01038.

The complaints allege that these registrants have failed to pay required annual fees. The department intends to revoke the certificates of registration; order the registrants to cease and desist use of radiation machine(s); order the registrants to divest themselves of such equipment; and order the registrants to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Texas Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order.

This notice affords the opportunity to the registrants for a hearing to show cause why the certificates of registration should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the certificates of registration will be revoked at the end of the 30-day period of notice.

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-200402411

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 9, 2004

Pursuant to 25 Texas Administrative Code, §289.205, the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following licensees: Texas Steel Company, Fort Worth, L00163; Laboratory Corporation of America, Dallas, L01716; Allen Inspection Service, Odessa, L03003.

The complaints allege that these licensees have failed to pay required annual fees. The department intends to revoke the radioactive material licenses; order the licensees to cease and desist use of such radioactive materials; order the licensees to divest themselves of the radioactive material; and order the licensees to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Texas Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order.

This notice affords the opportunity to the licensees for a hearing to show cause why the radioactive material licenses should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the radioactive material licenses will be revoked at the end of the 30-day period of notice.

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-200402412

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 9, 2004

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 to Hereford Regional Medical Center (registrant-M00408) of Hereford. A total penalty of $18,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, Chapter 289.

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-200402413

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 9, 2004

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 to Austin Radiological Association (registrant-M00200) of Austin. A total penalty of $14,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, Chapter 289.

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-200402414

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 9, 2004

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 to Methodist Hospital, Plainview, Texas, doing business as Covenant Hospital Plainview (registrant-M00212) of Lubbock. A total penalty of $4,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, Chapter 289.

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-200402415

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 9, 2004

HOME Rental Preservation

Open Funding Cycle

The Texas Department of Housing and Community Affairs (Department) announces the availability of approximately $9,000,000 for the preservation and rehabilitation of existing affordable multifamily developments through an open cycle for the HOME Investment Partnerships Program (HOME). The availability and use of these funds is subject to the State HOME Rules at 10 TAC Chapter 53, the Federal HOME regulations governing the HOME program (24 CFR §92), and any other federal or state regulation that may apply to the development and operation of affordable housing units.

Allocation of HOME Preservation Funds

All funds under this open cycle NOFA will be utilized for the rehabilitation and preservation of existing Rental Housing Developments. The Department will only review applications for developments that are located outside of and not eligible for funding from a participating jurisdiction. The Department will be accepting applications on an ongoing basis until all available funds have been allocated by the Department’s Board.

The Department awards HOME funds, typically as a loan, to eligible recipients for the provision of housing for low, very low and extremely low-income individuals and families. Award amounts are limited to no more than $1.5 million per development. The per unit subsidy may not exceed the per-unit dollar limits established by the U.S. Department of Housing and Urban Development (HUD) under §221(d)(3) of the National Housing Act which are applicable to the area in which the development is located, and as published by HUD. The minimum loan amount is $1,000 per rental unit. Funds will be awarded in accordance with the rules and procedures as set forth in the State of Texas HOME Program rules at 10 TAC §§53.50-53.63. The Department may, at its discretion and based upon review of the financial feasibility of the development, determine to award HOME funds as either a loan or as a grant. Loans can not exceed amortization of more than 40 years.

Each development will have a two-tier affordability term. The first tier will entail the federally required affordability term. For new construction or acquisition of new housing, this term is 20 years. For rehabilitation or acquisition of existing housing, the term is 5 years if the HOME investment is less than $15,000 per unit; 10 years if the HOME investment is $15,000 to $40,000 per unit; and 15 years if the HOME investment is greater than $40,000 per unit. This first tier is subject to all federal laws and regulations regarding HOME requirements, recapture and affordability. The second tier of affordability is the additional number of years required to bring the total term of affordability up to 30 years (for example, the second tier of affordability on a 10 year federal affordability term, is 20 additional years). The second tier, or remaining term, is subject only to state regulations and affordability requirements. Properties will be restricted under a land use and regulatory agreement ("LURA"), or other such instrument as determined by the Department for these terms. Among other restrictions, the LURA may require the owner of the property to continue to accept subsidies which may be offered by the federal government, prohibit the owner from exercising an option to prepay a federally insured loan, impose tenant income-based occupancy and rental restrictions, or impose any of these and other restrictions as deemed necessary at the sole discretion of the Department in order to preserve the property as affordable housing on a case-by-case basis.

Match Requirements

To be eligible all applicants will be required to provide evidence of eligible match as a percentage of at least 12 ½% of the requested development funds. Applicants must provide firm commitments as defined in accordance with the Federal HOME rules at 24 CFR §92.218.  In extenuating circumstances, the Board may approve a waiver of the match requirement.

Eligible activities include

Eligible activities include acquisition and rehabilitation of existing affordable housing units that are at risk of becoming market rate units. The existing multifamily rental properties must have previously been financed or subsidized through a state or federal housing program, and be encumbered by regulatory restrictions to provide housing for families of low, very-low, or extremely low income. That financing or subsidy must have already expired or be at risk of expiring within 24 months of the date the application is submitted. A minimum level of rehabilitation of at least $6,000 per unit of hard cost is required.

Housing units that receive HOME funds must be affordable to low, very-low or extremely low income persons. Mixed Income developments may only receive funds for units that meet the HOME program affordability standards. All applications intended to serve persons with disabilities must adhere to the Department’s Integrated Housing Rule at 10 TAC §1.15. A list of activities not eligible for funding can be found 10 TAC §§53.52 and 53.55 of the HOME Rules.

Eligible Applicants

The Department provides HOME funding from the federal government to nonprofits, for profits, public housing authorities and units of general local government. All applicants will be required to submit proof that the organization has been legally established or made a reservation to be established at the time of application. Nonprofit organizations are also required to show evidence of their 501(c)3 status. To be eligible, developments may not violate 10 TAC §53.52(e) of the HOME Rules, regarding Site and Development Restrictions on Rental Development and must create a reserve account consistent with 10 TAC §53.52(h) of the HOME Rules. Eligible applications must designate at least 10% of the development’s units for families of Extremely Low Income; however applicants responding to this NOFA that have jointly requested 2004 competitive Housing Tax Credits within the Housing Tax Credit deadline are exempt from this requirement.

Upon completion, properties proposed to be financed under this program must meet the Section 8 Housing Quality Standards under 24 CFR §92.401, or the activities proposed to be financed must bring the property up to the Section 8 Housing Quality Standards. The properties, upon completion, must also meet the Department’s HOME Investment Partnership’s Program Texas Minimum Construction Specifications as well as all local codes and ordinances. Additionally, the owner and/or all future owners of a HOME-assisted rental development must maintain all units in full compliance with local codes, the Texas Minimum Construction Specifications, as may be amended from time to time, and the 504 requirements, for the full required period of affordability.

Application Procedures, Final Filing

All applications must be submitted, and provide all documentation, as described in this NOFA, 10 TAC §53.58 of the HOME Rule and as further detailed in the HOME Application Submission Procedures Manual (HASPM). As noted in 10 TAC §53.60(c)(2) of the HOME Rules, all applications will be required to meet the Threshold Requirements outlined in 10 TAC §50.9(f) which are those required for the Housing Tax Credit Program. The HASPM, all required application documents, a HOME Reference Manual, and all applicable HOME rules will be available on the Department’s website at www.tdhca.state.tx.us/home.htm. Applications will be required to adhere to the HOME Rule and Housing Tax Credit Program Threshold Requirements in effect at the time the Board votes on approval of the application. Applications must be on forms provided by the Department, and cannot be altered or modified and must be in final form before submitting them to the Department.

Submission Process

The Department will be accepting applications on an ongoing basis; no deadline exists for applications, however all applications must be received during business hours and no later than 5:00 p.m. on any business day. Applicants submitting applications for developments that have already received an award of funding from the Department (includes both federal and state sources) can not submit an application for HOME funds under this NOFA prior to July 1, 2004.

Each application will be handled on a first-come, first-served basis as further described in this section. Each application will be assigned a "received date" based on the date and time it is physically received by the Department. Then each application will be reviewed on its own merits in two review phases. Applications will continue to be prioritized for funding based on their "received date" unless they do not proceed into the next phase(s) of review. Applications proceeding in a timely fashion through a phase will take priority over applications that may have an earlier "received date" but that did not timely complete a phase of review.

Phase One will begin as of the "received date" and will include a review of all application requirements, including threshold and eligibility. The Department will ensure review of these materials and issuance of any deficiencies on the application’s satisfaction of threshold and eligibility within 45 days of the date it enters Phase One. Applicants who are able to resolve their deficiencies within ten business days will be forwarded into Phase Two and will continue to be prioritized by their received date. Applications with deficiencies not satisfied within ten business days, will be retained in Phase One until all deficiencies have been addressed/resolved by the Applicant to the Department’s satisfaction. Only upon satisfaction of all deficiencies will the Application be forwarded to Phase Two. Applications that have not proceeded out of Phase One within 120 days of the date it entered Phase One will be terminated and must reapply for consideration of funds.

Phase Two will include a comprehensive review for financial feasibility by the Department’s Real Estate Analysis (REA) division consistent with 10 TAC §1.32, Underwriting Rules and Guidelines (www.tdhca.state.tx.us/underwrite.html). This phase also includes the generation of an underwriting report that will identify staff’s recommended loan terms, the loan or grant amount and any conditions to be placed on the development. The Department will ensure financial feasibility review and issuance of any required deficiencies for that feasibility review within 45 days of the date it enters Phase Two. Applicants who are able to resolve their deficiencies within ten business days will be forwarded into Recommendation Status and will continue to be prioritized by their received date. Applications with deficiencies not satisfied within ten business days, will be retained in Phase Two until all deficiencies have been addressed/resolved by the Applicant to the Department’s satisfaction. Only upon satisfaction of all deficiencies will the Application be forwarded to Recommendation Status. Any application that has not proceeded out of Phase Two after 120 days of the date it entered Phase Three will be terminated and must reapply for consideration of funds.

Upon completion of Phase Two, applications will be moved into Recommendation Status. The application will be presented to the Executive Awards Review and Advisory Committee (the Committee). The Committee will then recommend the award of funds to the Board, as long as HOME funds are still available for this activity under this NOFA. If the Application is processed out of Phase Three at least 14 days prior to the next Board meeting, it will be placed on the next Board meeting’s agenda. If the Application is processed out of Phase Three when there are less than 14 days before the next Board meeting, the recommendation will be placed on the following months Board meeting agenda.

Because applications are awarded funds based on the date they are received by the Department, it is possible that the Department will expend all available HOME funds before an application has completed all phases of its review.  In the case that all HOME funds are spent before an application has completed all phases of the review process, the Department will notify the applicant that their application will remain active for 90 days in its current phase. If new HOME funds become available under the Preservation set-aside, applications already under review will continue without losing their received date status. If new HOME funds do not become available under the Preservation set-aside within 90 days of the notification, the applicant will be notified that their application is no longer under consideration and in the event of future funding, they would need to reapply. If on the date an application is received by the Department, no funds are available under this NOFA, the applicant will be notified that no funds exist under the NOFA and no processing of the application will be performed.

The Department may decline to consider any application if the proposed activities do not, in the Department’s sole determination, represent a prudent use of the Department’s funds. Staff will make selections based upon the need for housing in the community where the development is located, the effectiveness with which the proposed use of funds would aid in continuing to provide affordable housing, the general feasibility of the proposed transaction, and the credibility of the applicant. The Department is not obligated to proceed with any action pertaining to any applications which are received, and may decide it is in the Department’s best interest to refrain from pursuing any selection process. The Department strives, through its terms, to maximize the return on its funds while ensuring the financial feasibility of a development. The Department reserves the right to negotiate individual elements of any application.

An Applicant may appeal decisions made by the Department in accordance with 10 TAC §§1.7-1.8.

Parties interested in submitting an application are required to arrange a pre-application meeting with the Department staff before submitting an application. To arrange a meeting, contact David Danenfelzer, Multifamily Housing Administrator at (512) 475-3865. Two signed copies of each complete application must be submitted in person or via private carrier to Multifamily Finance Production Division, Texas Department of Housing and Community Affairs, 507 Sabine, Suite 400, Austin, TX 78701; or via the U.S. Postal Service to Multifamily Finance Production Division, Texas Department of Housing and Community Affairs, Post Office Box 13941, Austin, TX 78711-3941.

Applicants are required to remit a non-refundable application fee payable to the Texas Department of Housing and Community Affairs in the amount of $500.00 per application. Please send check, cashier’s check or money order; do not send cash. §2306.147(b) of the Texas Government Code requires the Department to waive application fees for nonprofit organizations that offer expanded services such as child care, nutrition programs, job training assistance, health services, or human services. These organizations must include proof of their exempt status and a description of their supportive services in lieu of the application fee. The application fee is not an allowable or reimbursable cost under the HOME Program.

This NOFA does not include the text of the various applicable regulatory provisions that may be important to the particular HOME Program. For proper completion of the application, the Department strongly encourages potential applicants to review the State and Federal regulations and to attend a pre-application conference.

Resolution Requirements

The Department requires that all applications submitted must include a resolution from the applicant’s direct governing body (Board of Directors) authorizing the submission of the application.

Audit Requirements

An applicant is not eligible to apply for funds or any other assistance from the Department unless audits are current or the Audit Certification Form has been submitted to the Department in a satisfactory format on or before the application deadline for funds or other assistance per 10 TAC §1.3(b). This is a threshold requirement outlined in the application, therefore, applications that have past due audits will be disqualified. Staff will not recommend applications for funding to the Department’s Governing Board unless all unresolved audit findings, questioned or disallowed costs are resolved per 10 TAC §1.3(c).

TRD-200402463

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: April 12, 2004

Notice is given to the public of the application of the listed small employer carrier to be a risk-assuming carrier under Texas Insurance Code Article 26.52. A small employer carrier is defined by Chapter 26 of the Texas Insurance Code as a health insurance carrier that offers, delivers or issues for delivery, or renews small employer health benefit plans subject to the chapter. A risk-assuming carrier is defined by Chapter 26 of the Texas Insurance Code as a small employer carrier that elects not to participate in the Texas Health Reinsurance System. The following small employer carrier has applied to be a risk-assuming carrier:

Trustmark Life Insurance Company.

The application is subject to public inspection at the offices of the Texas Department of Insurance, Legal & Compliance Division- Archie Clayton, 333 Guadalupe, Tower I, 8th Floor, Austin, Texas.

If you wish to comment on the application to be a risk-assuming carrier, you must submit your written comments within 60 days after publication of this notice in the Texas Register to Gene C. Jarmon, Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-91204. Upon consideration of the application, if the Commissioner is satisfied that all requirements of law have been met, the Commissioner or his designee may take action to approve the application to be a risk-assuming carrier.

TRD-200402395

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 8, 2004

Notice is given to the public of the application of the listed small employer carrier to be a risk-assuming carrier under Texas Insurance Code Article 26.52. A small employer carrier is defined by Chapter 26 of the Texas Insurance Code as a health insurance carrier that offers, delivers or issues for delivery, or renews small employer health benefit plans subject to the chapter. A risk-assuming carrier is defined by Chapter 26 of the Texas Insurance Code as a small employer carrier that elects not to participate in the Texas Health Reinsurance System. The following small employer carrier has applied to be a risk-assuming carrier:

Guarantee Trust Life Insurance Company.

The application is subject to public inspection at the offices of the Texas Department of Insurance, Legal & Compliance Division- Archie Clayton, 333 Guadalupe, Tower I, 8th Floor, Austin, Texas.

If you wish to comment on the application to be a risk-assuming carrier, you must submit your written comments within 60 days after publication of this notice in the Texas Register to Gene C. Jarmon, Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P. O. Box 149104, Austin, Texas 78714-91204. Upon consideration of the application, if the Commissioner is satisfied that all requirements of law have been met, the Commissioner or his designee may take action to approve the application to be a risk-assuming carrier.

TRD-200402484

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 14, 2004

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 PRO-TEC DEALER SERVICES, INC., a foreign third party administrator. The home office is JACKSONVILLE, FLORIDA.

Application for admission to Texas of DREAMLIFE ADMINISTRATION, LLC., a foreign third party administrator. The home office is SCOTTSDALE, ARIZONA.

Application for incorporation in Texas of COMPENSATION STRATEGIES ADMINISTRATION SERVICES, LTD. (using the assumed name COMPENSATION STRATEGIES GROUP, LTD.), a domestic third party administrator. The home office is BEAUMONT, TEXAS.

Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.

TRD-200402486

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 14, 2004

A public hearing to receive public comments regarding proposed new rule, 16 TAC §402.602, relating to unit accounting at 3:00 p.m. on Wednesday, April 28, 2004, at the Texas Lottery Commission, Commission Auditorium, First Floor, 611 East Sixth Street, Austin, Texas 78701. Persons requiring any accommodation for a disability should notify Michelle Guerrero, Executive Assistant to the General Counsel, Texas Lottery Commission at (512) 344-5113 at least 72 hours prior to the public hearing.

TRD-200402479

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 14, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 5, 2004, for a service provider certificate of operating authority (SPCOA), pursuant to Public Utility Regulatory Act (PURA) §§54.151 - 54.156. A summary of the application follows.

Docket Title and Number: Application of Tri-M Communications, Incorporated, doing business as TMC Communications for a Service Provider Certificate of Operating Authority, Docket Number 29548 before the Public Utility Commission of Texas.

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

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 28, 2004. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29548.

TRD-200402374

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 7, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 5, 2004, for a service provider certificate of operating authority (SPCOA), pursuant to Public Utility Regulatory Act (PURA) §§54.151 - 54.156. A summary of the application follows.

Docket Title and Number: Application of National Clear Tone, LP for a Service Provider Certificate of Operating Authority, Docket Number 29549 before the Public Utility Commission of Texas.

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

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than April 28, 2004. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29549.

TRD-200402373

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 7, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 7, 2004, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of SC TxLink, LLC for a Service Provider Certificate of Operating Authority, Docket Number 29566 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ISDN, Optical Services, and T1-Private Line.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas 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 April 28, 2004. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29566.

TRD-200402475

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 13, 2004

The Public Utility Commission of Texas (commission) requests that interested persons file comments regarding the revised strawman rule filed in Project Number 24522, Rulemaking to Develop Quality of Service Standards Applicable to Wireless Carriers with Eligible Telecommunications Provider Status to Receive Universal Service Funds . The revised strawman rule contains proposed amendments to commission substantive rule §26.417, relating to Designation as Eligible Telecommunications Providers to Receive Texas Universal Service Funds (TUSF). A copy of the revised strawman rule may be obtained from the commission's Central Records Division, this project's webpage: http://www.puc.state.tx.us/rules/rulemake/24522/24522.cfm, or the commission's Interchange filings retrieval system: http://interchange.puc.state.tx.us.

Responses may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326 within 14 days of the date of publication of this notice. Reply comments may be filed within 21 days of the publication of this notice. All responses should reference Project Number 24522.

Questions concerning this notice should be referred to James Kelsaw, Telecommunications Division, at james.kelsaw@puc.state.tx.us, (512) 936-7338 or to Andrew Kang, Legal & Enforcement Division, at andrew.kang@puc.state.tx.us, (512) 936-7293. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200402488

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 14, 2004

The Public Utility Commission of Texas (commission or PUCT) is issuing a Request for Offers (RFO) for a financial advisor to provide private consulting services to the PUCT. The advisor will assist the commission with preparing three or more financing orders authorizing recovery of stranded costs through securitization and with the subsequent issuances of transition bonds to ensure compliance with Subchapter G of the Public Utility Regulatory Act (PURA) and consistency with the terms of the respective financing orders. The three utilities anticipated to be have securitization transactions under this engagement are Texas New Mexico Power Company, CenterPoint Energy Houston, LLC, and AEP Texas Central Company, but this engagement may include other securitization transactions, if any, ordered by the commission in the future.

To be considered, the proposals must arrive at the PUCT on or before 3:00 p.m., C.S.T., Friday, May 14, 2004. The commission expects to designate a vendor on or before May 27, 2004, and the vendor must be prepared to commence service during the month of June, 2004.

Project description. The Public Utility Regulatory Act (PURA) Chapter 39 (specifically, §§39.001, 39.201, 39.252, and 39.262) allows electric utilities with generation-related assets to recover the reasonable excess costs over the market value of those assets. Electric utilities having such costs (called "stranded costs"), may elect to apply for a financing order to recover the costs through the issuance of transition bonds that are secured by transition charges approved by the commission. The primary purpose of this engagement is to discharge the commission's mandate to ensure that the structure and pricing of transition bonds results in the lowest transition bond charges consistent with market conditions and the terms of the financing orders.

Interested respondents may wish to review PURA Subchapter G in its entirety and prior financing orders issued by the commission in Docket Numbers 21528, 21665 and 25230 that are available on the PUCT website at www.puc.state.tx.us/rules/index.cfm and http://interchange.puc.state.tx.us, respectively.

Eligible Proposers. Proposers should have (1) extensive experience (more than 10 years) in investment banking; (2) extensive experience (more than 10 years) working with investor-owned utilities in the structuring, marketing and pricing of publicly offered electric utility securities; (3) at least three years of directly related experience in the structuring, marketing and pricing of electric utility transition bonds; (4) at least three years experience testifying in regulatory proceedings or advising regulators; and 5) proposers must have in-house bond counsel or retain outside bond counsel to advise the proposer throughout this assignment. Experience advising regulators on issues related to the issuance of transition bonds is preferred. Substantial involvement of at least two senior individuals within the firm in providing services under this engagement is required; one with asset-backed securities experience and one with corporate bond experience.

Compensation. Professional fees must be justified in terms of activities and objects of expenditure and must be fair and reasonable to provide the required services. Services to be purchased from subcontractors, including any amounts subcontracted to HUBs, consultants, and other entities, must be specified. If a proposer believes that there are additional tasks critical to this RFP, the proposer should recommend those tasks and explain why the additional tasks are needed. The commission expects that the professional fees will be determined on a fixed-fee basis, inclusive of expenses. Compensation, as approved by the commission, will be paid by transition bond issuers and/or underwriters and will be paid at the closing of each securitization transaction authorized by a commission financing order.

Selection criteria. The evaluation team will recommend selection of a proposal for this program based on 1) the proposer's ability to provide the required services, 2) demonstrated competence and qualifications of the proposer, and 3) the reasonableness of the proposed fee. A team of staff evaluators will review all the proposals submitted. A complete description of selection criteria is set forth in the RFO. Proposers will be notified in writing of the selection.

Requesting the proposal. A complete copy of the RFO may be obtained by written request to Bob Saathoff, Director of Accounting, Public Utility Commission of Texas, William B. Travis Building, 1701 North Congress Avenue, Austin, TX 78701, or by fax (512) 936-7058, or by email bob.saathoff@puc.state.tx.us. The RFP will be available Friday, April 23, 2004 and will be mailed on that date to all parties who have requested a copy. You may also download the RFO from the PUCT website www.puc.state.tx.us, under Hot Topics, and from the Electronic Business Daily website sponsored by the Texas Department of Economic Development at www.marketplace.state.tx.us.

Deadline for receipt of proposals. Proposals must be received no later than 3:00 p.m. on Friday, May 14, 2004, in the Public Utility Commission of Texas Central Records, Room G-113, Public Utility Commission of Texas, William B. Travis Building, 1701 North Congress Avenue, Austin, TX 78701. Proposals received in Central Records after 3:00 p.m. on Friday, May 14, 2004 will not be considered. Proposals may be received in Central Records between 9:00 a.m. and 5:00 p.m., Monday through Friday, except on holidays. Regardless of the method of submission of the proposal, the commission will rely solely on the time/date stamp of Central Records in establishing the time and date of receipt. Proposals should be filed under Project Number 29049.

TRD-200402473

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 13, 2004