The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.005, and 303.009, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of January 5, 2004 - January 11, 2004 is 18% for Consumer1 /Agricultural/Commercial ² /credit thru $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of January 5, 2004 - January 11, 2004 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.005 ³ for the period of January 1, 2004 - January 31, 2004 is 18% for Consumer/Agricultural/Commercial/credit thru $250,000.

The monthly ceiling as prescribed by §303.005 for the period of January 1, 2004 - January 31, 2004 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.

³ For variable rate commercial transactions only.

TRD-200308915

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: December 30, 2003

Eligible Applicants. The Texas Education Agency (TEA) has authorized Texas LEARNS, a division of the Harris County Department of Education, to request applications under Request for Applications (RFA) #701-03-031 from the following entities specifically in the western region of Texas (see http://www- tcall.tamu.edu/projectGreat/GreatCenterMap.htm for a map of the region): (1) local educational agencies; (2) regional education service centers; (3) nonprofit community-based or faith-based organizations of demonstrated effectiveness; (4) nonprofit volunteer literacy organizations of demonstrated effectiveness; (5) institutions of higher education; (6) public or private nonprofit educational agencies; (7) libraries; (8) public housing authorities; (9) nonprofit institutions that are not described above and have the ability to provide adult basic skills and family literacy education programs to adults and families; or (10) consortiums of agencies, organizations, institutions, libraries, or authorities described above.

Description. The purpose of this program is to provide the operation of professional development programs to improve the quality of instruction provided pursuant to local activities required under Title II, Workforce Investment Act, §231(b), including instruction incorporating the essential components of reading instruction and instruction provided by volunteers or by personnel of a State or outlying area; the provision of technical assistance to eligible providers of adult basic skills and family literacy education programs for development and dissemination of scientific research-based instructional practices in reading, writing, speaking, mathematics, and English language acquisition programs; the provision of technology assistance, including staff training to eligible providers of adult basic skills and family literacy education programs, including distance learning activities, to enable the eligible providers to improve the quality of such activities; and the development and implementation of technology applications or distance learning, including professional development to support the use of instructional technology.

Dates of Project. Applicants should plan for a starting date of no earlier than March 1, 2004, and an ending date of no later than September 30, 2004, for the initial planning period.

Project Amount. Funding will be provided for one regional center of excellence in the western region of Texas for two years based upon availability of funds. For a map of the regions go to http://www- tcall.tamu.edu/projectGreat/GreatCenterMap.htm. The center will receive a maximum of $224,000 for the initial seven-month project period and $384,000 for the second project period beginning October 1, 2004. Project funding in the second year will be based on satisfactory progress of the initial seven month's objectives and activities and on general budget approval by the commissioner of education and appropriations by the U. S. Congress.

Selection Criteria. An application will be selected based on the independent reviewer's assessment of each applicant's ability to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant program and the extent to which the application addresses the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. Texas LEARNS and the Texas Education Agency reserve the right to select from the highest ranking applications the one that addresses all requirements in the RFA and that is most advantageous to the project.

Texas LEARNS and the Texas Education Agency are not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit Texas LEARNS/TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate Texas LEARNS/TEA to award a grant or pay any costs incurred in preparing a response.

Requesting the Application. A complete copy of RFA #701-03-031 may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the Texas Education Agency website at http://www.tea.state.tx.us/grant/announcements/grants2.cgi for viewing and downloading.

Further Information. For clarifying information about the RFA, contact Federico Salas, Texas LEARNS, Harris County Department of Education, at (713) 696-0700.

Deadline for Receipt of Applications. Applications must be received in the Texas Education Agency Document Control Center by 5:00 p.m., Central Time, Thursday, February 5, 2004, to be considered for funding.

TRD-200308933

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: December 31, 2003

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Order (DO). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director (ED) of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 9, 2004 . The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 9, 2004 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DO and/or the comment procedure at the listed phone numbers; however, comments on the DO should be submitted to the commission in writing .

COMPANY: DBW Enterprises, LTD. dba Scotty Mint Groceries; DOCKET NUMBER: 2003-0259-PST-E; TCEQ ID NUMBER: none; LOCATION: corner of Rail Road and Highway 281, Hico, Hamilton County, Texas; TYPE OF FACILITY: store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.7(d)(1)(A) and (B), by failing to amend its petroleum storage tank registration and submit it to the TCEQ; and 30 TAC §334.47(a)(2), by failing to remove the existing underground storage tank systems that had not been brought into timely compliance with the upgrade requirements; PENALTY: $6,300; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175, (512) 239-6201; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

TRD-200308917

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: December 30, 2003

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 9, 2004 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 9, 2004 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to the commission in writing .

(1) COMPANY: Ahmad Kassira dba Sandy's Food Mart; DOCKET NUMBER: 2002-0226-PST-E; TCEQ ID NUMBER: 0056693; LOCATION: 2740 Sandy Lane, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store that includes three underground storage tanks (USTs); RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; 30 TAC §334.8(c)(4)(B) and TWC, §26.346(a), by failing to ensure that the UST registration and self-certification form was fully and accurately completed and submitted to the TCEQ in a timely manner; 30 TAC §334.46(d)(4)(B) and TWC, §26.3475, by failing to perform a cathodic test after installation for a steel/fiberglass-reinforced plastic composite tank or for a steel tank with a bonded fiberglass-reinforced plastic external cladding to ensure that the steel tank shell remains electronically isolated from the surrounding soil, backfill, groundwater, and other metal components; 30 TAC §334.48(c), by failing to conduct inventory control for all USTs involved in the retail sale of petroleum substances used as a motor fuel each operating day; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the USTs for releases at a frequency of at least once per month; and 30 TAC §334.51(b)(2)(C) and TWC, §26.3475(c)(2), by failing to equip each tank with a valve or other device designed to automatically shut off the flow of regulated substances into each tank when the liquid level in the tank reaches no higher than 95% capacity; PENALTY: $13,800; STAFF ATTORNEY: Benjamin Joseph de Leon, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Hidalgo County Irrigation District 5; DOCKET NUMBER: 2003-0510-WR-E; TCEQ ID NUMBER: 101416790; LOCATION: 1015 Johnny Vela, Progreso, Hidalgo County, Texas; TYPE OF FACILITY: irrigation district; RULES VIOLATED: 30 TAC §288.30(1) and §288.4(a), by failing to submit a water conservation plan; and 30 TAC §288.21(a) and §288.30(5), by failing to submit a complete drought contingency plan meeting the minimum requirements for an irrigation district; PENALTY: $788; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(3) COMPANY: Longview Brass & Aluminum Co., W.G. Coley, Jr., and Alton Coley; DOCKET NUMBER: 2001-0768-IHW-E; TCEQ ID NUMBER: 83214; LOCATION: 4217 Estes Parkway, Gregg County, Texas; TYPE OF FACILITY: aluminum metal casting parts manufacturing; RULES VIOLATED: 30 TAC §335.6(c) and TCEQ Agreed Order Docket Number 95-1087-IHW-E, Section IV.2(I)(i), by failing to update the Notice of Registration to reflect all waste generation and management activities; 30 TAC §335.9(a)(1) and (2), TCEQ Agreed Order Docket Number 95-1087-IHW-E, Section IV.2(j), and 40 Code of Federal Regulations (CFR) §262.40(a), by failing to comply with record keeping and annual reporting procedures applicable to hazardous waste generators; 30 TAC §335.62, TCEQ Agreed Order Docket Number 95-1087-IHW-E, Section IV.2(h), and 40 CFR §262.11, by failing to conduct a hazardous waste determination and waste classification for the spent molding sand waste material; 30 TAC §335.10(a)(1) and 40 CFR §262.20(a), by failing to prepare waste manifests for all disposed wastes; 30 TAC §335.474 and §335.479, by failing to prepare a five-year source reduction and waste minimization plan; 30 TAC §335.43, TCEQ Agreed Order Docket Number 95-1087-IHW-E, Section IV.2(k), and 40 CFR §268.7(a)(8), by failing to provide documentation for land disposal restrictions; and TCEQ Agreed Order Docket Number 95-1087-IHW-E, Section IV.2(f), by failing to provide interim run-on and run-off control systems for the stockpiled molding sand material; PENALTY: $34,375; STAFF ATTORNEY: Rebecca Nash Petty, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(4) COMPANY: Southern Utilities Company; DOCKET NUMBER: 2002-1088-PWS-E; TCEQ ID NUMBERS: 2120063 and 10762; LOCATION: Tyler, Smith County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §291.85 and TWC, §13.250(a), by refusing to provide service unless and/or until service applicants granted a permanent easement to Southern, a private utility; 30 TAC §290.45(b)(1)(D)(iv), Texas Health and Safety Code, §341.0315(c), and TCEQ Rates Order, Docket Number 7313-R, Ordering Provision 4, by failing to provide elevated storage capacity of 100 gallons per connection; 30 TAC §290.43(c)(8), by failing to properly maintain water storage facilities; and 30 TAC §290.41(c)(3)(B), by failing to provide a well casing that extends a minimum of 18 inches above the finished floor of the pump house or natural surface; PENALTY: $36,425; STAFF ATTORNEY: Shannon Strong, Litigation Division, MC 175, (512) 239-6201; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

TRD-200308918

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: December 30, 2003

The following notices were issued during the period of December 16, 2003 through December 23, 2003.

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

KT MINING, LP which operates the Calvert Lignite Mine, a lignite mining facility, has applied for a major amendment to TPDES Permit No. 02881 to authorize two additional outfalls associated with the discharges from active and post mining areas, and the removal of Outfalls 002/102, 006, and 007. The current permit authorizes the discharge of wastewater from the active mining area and previously monitored effluent (domestic wastewater via Outfall 201 and oily waters via Outfall 301) on an intermittent and flow variable basis via Outfall 001; wastewater from the active mining area via Outfalls 002, 004, 005, 008, 010, and 013 on an intermittent and flow variable basis; wastewater from the post mining area and previously monitored effluent (domestic wastewater via Outfall 201 and oily waters via Outfall 301) via Outfall 101 on an intermittent and flow variable basis; wastewater from the post mining area via Outfalls 102, 104, 105, 108, 110 and 113 on an intermittent and flow variable basis; groundwater via Outfall 006 at a daily maximum flow not to exceed 1,080,000 gallons per day; groundwater via Outfall 007 at a daily maximum flow not to exceed 1,150,000 gallons per day; wastewater from a treatment pond (mine pit water and storm water) via Outfall 009 on an intermittent and flow variable basis; groundwater via Outfall 011 at a daily maximum flow not to exceed 14,400,000 gallons per day; and groundwater via Outfall 012 at a daily maximum flow not to exceed 4,320,000 gallons per day. The facility is located between State Highway 6 and State Highway 46, on Tidwell Prairie Road, approximately 4.5 miles southeast of the City of Bremond, Robertson County, Texas.

LAKE MUNICIPAL UTILITY DISTRICT has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14478-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 240,000 gallons per day. The facility is located approximately 4,330 feet north of Interstate Highway 10 at John Martin Road and approximately 2,800 feet east of the intersection of John Martin Road and Battle Bell Road in Harris County, Texas.

LYONDELL CHEMICAL COMPANY which operates a plant which manufactures synthetic organic chemicals, has applied for a major amendment to TPDES Permit No. 02927 to authorize an increase in the chloroform effluent limitations via Outfall 001 based on other contributing waste streams; reduce all semi-annual monitoring frequencies to annual, except for chloroform, via Outfall 001; correct the hexachlorobenzene effluent limitations via Outfall 001; reduce the land farm storm water monitoring frequency from semi-annually to annually; and add the discharge of uncontaminated potable water, firewater, construction water, and de minimus discharges of water from spill cleanup via Outfalls 002, 003, 004, 005, and 006. The current permit authorizes the discharge of process wastewater, utility wastewater (includes wastewater from the adjacent Cogen Lyondell, previously Dynegy, facility), hydrostatic test water, and storm water runoff at a daily average flow not to exceed 2,740,000 gallons per day via Outfall 001; and the discharge of storm water runoff, hydrostatic test water, uncontaminated fire water, service water, water from maintenance activities, and steam condensate on an intermittent and flow variable basis via Outfalls 002, 003, 004, 005, and 006. The facility is located at 2502 Sheldon Road in the City of Channelview, Harris County, Texas. The effluent is discharged to Harris County Flood Control District (HCFCD) Ditch No. G103-02-03; thence to Bear Lake, which is part of the San Jacinto River Tidal; thence to the San Jacinto River Tidal in Segment No. 1001 of the San Jacinto River Basin.

MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 83 has applied for a new permit to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 490,000 gallons per day. The facility is located approximately 4,800 feet west-northwest of the intersection of Northpark Drive and U.S. Highway 59 and approximately 600 feet north of Morton Road in Fort Bend County, Texas.

CITY OF MORAN has applied for a renewal of Permit No. 11420, which authorizes the disposal of treated domestic wastewater effluent at a volume not to exceed a daily average flow of 32,000 gallons per day via evaporation and irrigation of 10 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal site are located approximately 1,500 feet east of the intersection of State Highway 6 and Farm-to-Market Road 576 on the east bank of Post Oak Creek in the City of Moran in Shackelford County, Texas.

CITY OF O'DONNELL has applied for a renewal of Permit No. 11126-001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 120,000 gallons per day via evaporation and irrigation of 50.0 acres of land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal site are located immediately west of the intersection of U.S. Highway 87 and from Farm-to- Market Road 2053 in Lynn County, Texas.

PRAIRILAND INDEPENDENT SCHOOL DISTRICT has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14473-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 12,000 gallons per day. The facility is located 1,650 feet west of Farm-to-Market Road 196, approximately 3,000 feet southwest of the intersection of U.S. Highway 271 and Farm-to-Market Road 196 in Lamar County, Texas.

CITY OF SAN BENITO has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14454-001, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 2,500,000 gallons per day. The facility is located approximately 1/4 miles southeast of the intersection of Loop 509 and Arroyo Colorado in Cameron County, Texas.

SOBRANTE MANAGEMENT, INC. has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, Proposed Permit No. 14481-001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 9,600 gallons per day via subsurface drip irrigation with a minimum area of 2.2 acres of public access landscape. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site will be located approximately 3,000 feet north of the intersection of Morgans Point Road and Sobrante, at the end of Sobrante in the curve adjacent to Lake Belton in Bell County, Texas.

SYNTECH CHEMICALS, INC. which operates a specialty chemicals manufacturing plant, has applied for a major amendment to TPDES Permit No. 03593, to authorize the discharge of storm water via Outfall 002 and additional areas via the Outfall 001 on an intermittent and flow variable basis. The current permit authorizes the discharge of storm water via Outfall 001. The facility is located at 14822 Hooper Road, approximately 0.25 miles south of Beltway 8 (Sam Houston Parkway) and approximately one mile west of State Highway 288 in unincorporated Harris County, outside the limits of the City of Houston, Texas.

CITY OF TAYLOR has applied for a renewal of TPDES Permit No. 10299-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,000,000 gallons per day. The facility is located at 100 Larry Street, east of Mustang Creek, approximately 3,200 feet south of the intersection of U.S. Highway 79 and Farm-to-Market Road 112 and southeast of the City of Taylor in Williamson County, Texas.

TEXAS GENCO, LP which operates the S. R. Bertron Electric Generating Station, a steam electric generating station, has applied for a renewal of TPDES Permit No. 01026, which authorizes the discharge of once through cooling water and previously monitored effluents (low volume wastewater, metal cleaning wastes, and treated domestic wastewater) at a daily average flow not to exceed of 740,200,000 gallons per day via Outfall 001. The facility is located at 2012 Miller Cutoff Road, approximately 2 miles northwest of the intersection of State Highway 225 and State Highway 134, and approximately 1.5 miles north of the intersection of State Highway 225 and Miller Cutoff Road, east of the City of Deer Park, Harris County, Texas.

TEXAS PARKS AND WILDLIFE DEPARTMENT has applied for a renewal of Permit No. 11627-001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 3,000 gallons per day via surface irrigation of 1.65 acres of non-public access pastureland. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located within the boundaries of Fairfield Lake State Park, at the southern extremity of Fairfield Lake approximately two miles northeast of the intersection of Farm- to-Market Road 2570 and Farm-to-Market Road 3285 in Freestone County, Texas.

TRD-200308924

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 31, 2003

Notices mailed December 17, 2003 through December 19, 2003

APPLICATION NO. 5814; TXU Mining Company LP, Energy Plaza, 1601 Bryan Street, Dallas, Texas 75201-3411, Applicant, seeks a Water Use Permit pursuant to §11.121, Texas Water Code and Texas Commission on Environmental Quality (TCEQ) Rules 30 TAC §§295.1, et seq. The applicant seeks authorization to store state water in 3 permanent on-channel reservoirs on unnamed tributaries of Blundell Creek, tributary of Lake Monticello, tributary of Lake Bob Sandlin, tributary of Big Cypress Creek in the Cypress Creek Basin resulting from mining activities in the Monticello Lignite Mining Area of Franklin and Titus Counties, approximately 9 miles southwest of Mount Pleasant. Pond HR-9 covers an area of 19.9 acres, impounds 356 acre-feet of water and is located S 81.817° W, 4,600 feet from the northwest corner of the Francis Blundell Survey, Abstract No. A-71, Franklin County, also being located at 33.116° N Latitude and 95.128° W Longitude. Pond HR-10 covers an area of 34.7 acres, impounds 1,495 acre-feet of water, and is located S 57.750° E, 741 feet from the northwest corner of the Blundell Survey, also being located at 33.115° N Latitude and 95.111° W Longitude in Titus County. Pond HR-21 covers an area of 10.4 acres, impounds 263 acre-feet of water and is located N 88.883° W, 3,798 feet from the northwest corner of the same Blundell Survey also being located at 33.115° N Latitude and 95.125° W Longitude, in Franklin County. The impoundments will be maintained as over-sized domestic and livestock reservoirs with no right of diversion after the initial filling of the reservoirs. Applicant states that Pond HR-10 will be filled by runoff accelerated by either 1) water pumped from Pond HR-9 during intervals when HR-9 is being refilled from storm events, and 2) water pumped from Lake Monticello (Certificate of Adjudication 04-4563 owned by TXU; amendment requested). Ownership of the mining rights in TXU Mining Company's Monticello LMA in the J.B. McMahon Survey, Abstract No. A-82, is held under multiple mining leases as evidenced by warranty deeds and leases filed in Deed Records of Camp County, Texas. The application and fees were received on August 29, 2003, and additional information necessary to process the application was received on October 21, 2003. The application was declared administratively complete and filed with the Commission on October 28, 2003. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 5816; Alcoa Inc., P.O. Box 1491, Rockdale, Texas 76567-1491, applicant, seeks a Water Use Permit pursuant to Texas Water Code §11.121 and §11.042, and Texas Commission on Environmental Quality Rules 30 TAC §§295.1, et seq. Alcoa Inc. has applied for a Water Use Permit to maintain five reservoirs that have been constructed in accordance with Alcoa's Railroad Commission of Texas (RCT) Surface Mining Permit for the South Sandow Mine and are exempt under Texas Water Code §11.142(d). The five reservoirs, referred to as Lakes North F, F, FG-1, FG-2 and G, are located in Milam and Lee Counties, Texas, in the watershed of Yegua Creek, tributary of the Brazos River. The TCEQ has determined that one of the reservoirs, North F, is not located on a State watercourse, will not impound state water, and does not require a Water Use Permit. This off-channel reservoir covers an area of 66.7 acres and impounds a total of 1,515 acre-feet of water. The four other reservoirs, F, FG-1, FG-2, and G are on-channel reservoirs which cover a combined area of 169 acres and have a combined total storage capacity of 4,380 acre-feet. Reservoir FG-2 is located in part on the existing Old Hickory Creek, and the remaining three reservoirs lie partly on existing unnamed tributaries of Walleye Creek. At the completion of mining activities, reservoirs North F, F, FG1, FG2 and G will be connected in a stair-step manner, through a series of spillways. Water in each of the reservoirs will spill or flow into the next reservoir downstream in the chain and from the last reservoir, Reservoir G, into Walleye Creek. The impoundments are incised, do not have embankments, and will be used as exempt sediment control reservoirs during the duration of the mining activity. Applicant seeks: 1) to maintain the four on-channel reservoirs for domestic/livestock (oversized), industrial, mining and agricultural purposes after the Railroad Commission releases them from sediment control requirements; 2) to divert and use not to exceed a combined total of 650 acre-feet of state water per annum at a combined rate of 5.57 cubic-feet-per-second (2,500 gallons-per-minute) from the perimeters of the four on-channel reservoirs on a perpetual basis if water is available, or on a 10-year term basis if not, for mining and industrial uses and for agricultural purposes to irrigate 800 acres of land per year; 3) to use the bed and banks of any watercourses that flow into the four on-channel reservoirs to convey ground water to such reservoirs; 4) to store groundwater in each of the 4 on-channel reservoirs for subsequent diversion for the maintenance of other on-site reservoirs within Alcoa's property, and for agricultural, industrial or mining purposes anywhere within the Sandow Mine Permit area and within Alcoa's Rockdale Operations; and 5) to use the bed and banks of the unnamed watercourse downstream of each reservoir to convey water from the upstream to the downstream reservoirs. Ownership of the acreage to be irrigated is evidenced by deeds as recorded in Volume 484, Page 7 and Volume 417, page 32 of the official records of Milam and Lee Counties. The application was received on September 29, 2003, reviewed by staff of the Executive Director, determined to be administratively complete and filed with the Chief Clerk's Office on October 27, 2003. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

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-200308875

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 23, 2003

The Texas Commission on Environmental Quality (commission) will accept license applications for near surface land disposal of low-level radioactive waste at a compact waste disposal facility and authorization for the disposal of federal facility waste at a federal facility waste disposal facility for a 30-day period beginning 180 days after the date of publication of this notice in the Texas Register . The compact waste disposal facility is the regional disposal facility established and operated under the Texas Low-Level Radioactive Waste Disposal Compact established under Texas Health and Safety Code, Chapter 403, for the purposes of the federal Low-Level Radioactive Waste Policy Act and the Low-Level Radioactive Waste Policy Amendments Act of 1985. The commission may license only the compact waste disposal facility license holder to dispose of federal facility waste at a separate and distinct federal facility waste disposal facility that is operated exclusively for the disposal of federal facility waste and that is adjacent to the compact waste disposal facility.

The applications must comply with Texas Health and Safety Code, Chapter 401, the rules of the commission, and any other applicable state or federal law. The application must include a non- refundable $500,000 application fee. If the commission's costs in processing an application exceed the $500,000 application fee, the commission may assess and collect additional fees from the applicant to recover the costs incurred by the commission for administrative review of the application, technical review of the application, and hearings associated with the application.

Applications received within the 30-day application receipt period will be evaluated by the executive director of the commission for administrative completeness. The executive director will not process applications submitted after the 30-day application period. Applications determined to be administratively complete will be evaluated by the executive director in accordance with the statutory evaluation criteria under Texas Health and Safety Code, §§401.233 - 401.236 and 30 Texas Administrative Code (TAC) §336.813. Based on this evaluation, one application will be selected to be processed by the executive director for further technical review and licensing. Selection of an application for further technical review does not guarantee that a draft license will be prepared or that a license will be issued by the commission. If the selected application is rejected or denied by the executive director or the commission, the application of the next highest comparative merit may be selected for further technical review and licensing. Only one license for near surface land disposal of low-level radioactive waste at a compact waste disposal facility may be issued by the commission.

Copies of the application form may be obtained from the commission. To obtain a copy of the application form, please contact Glenn Lewis, Waste Permits Division, Texas Commission on Environmental Quality, MC-126, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-6313. A copy of the application form may also be obtained at the following Web site: http://www.tnrcc.state.tx.us/permitting/wasteperm/uicrw/rad/ . Additional information and applicable regulatory requirements may be found in Texas Health and Safety Code, Chapter 401, and 30 TAC including, but not limited to, Chapters 37, 39, 305, and 336 or by contacting Devane Clarke at (512) 239-5604.

The application must be submitted to the Radioactive Material Licensing Team, Waste Permits Division, Texas Commission on Environmental Quality, MC-126, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-6313 not later than 210 days after the publication date of this notice in the Texas Register .

TRD-200308913

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: December 29, 2003

The State Office of Administrative Hearings (SOAH) issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality (TCEQ) on December 17, 2003, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Galveston Environmental Services Inc; SOAH Docket No. 582-03-0006; TCEQ Docket No. 2001-0541-IHW-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Galveston Environmental Services Inc on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 North Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Doug Kitts, Office of the Chief Clerk, (512) 239-3317.

TRD-200308877

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 23, 2003

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on December 22, 2003, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Uppal Brothers, Inc d/ba Save Way Food Mart; SOAH Docket No. 582-04-0381; TCEQ Docket No. 2002-0860-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Uppal Brothers Inc dba Save Way Food Mart on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239- 1455.

TRD-200308923

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 31, 2003

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on December 22, 2003, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Elhamad Enterprises Inc dba Habeeb Food Store; SOAH Docket No. 582-04-0250; TCEQ Docket No. 2002-0947-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Elhamad Enterprises Inc dba Habeeb Food Store on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239-1455.

TRD-200308954

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 31, 2003

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 February 2, 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 February 2, 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: Adman Company Inc. dba N & Out Grocery; DOCKET NUMBER: 2003- 0769-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 29157; LOCATION: Waco, McLennan 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: $3,150; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(2) COMPANY: Air Liquide America L.P.; DOCKET NUMBER: 2003-0908-PST-E; IDENTIFIER: PST Facility Identification Number 46364, Regulated Entity Identification Number RN100233998; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: air separation plant; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,110; ENFORCEMENT COORDINATOR: Bill Davis, (512) 239- 6793; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.

(3) COMPANY: Allied Trading Corporation dba A & Q Chevron Food Mart; DOCKET NUMBER: 2003-0929-PST-E; IDENTIFIER: PST Facility Identification Number 46851; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with an underground storage tank system (UST); RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,910; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Niles Jennet & Donald Lo Piccolo dba Bluebonnet Dairy; DOCKET NUMBER: 2003-1257-AGR-E; IDENTIFIER: Water Quality Permit Number 3286-000; LOCATION: Stephenville, Erath County, Texas; TYPE OF FACILITY: convenience store with an UST system; RULE VIOLATED: 30 TAC §321.31(a), the Code, §26.121(a)(1), and Water Quality Permit Number WQ3286-000, by failing to prevent a discharge of wastewater into or adjacent to waters in the state; 30 TAC §321.39(f)(11) and Water Quality Permit Number WQ286-000, by failing to maintain the stormwater storage pond level at or below the pump level; and 30 TAC §321.42(a)(5), by failing to collect at least one sample from the overflow or discharges from the retention pond; PENALTY: $1,632; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239- 5867; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Calidad Environmental Services, Inc.; DOCKET NUMBER: 2003-0190-IHW- E; IDENTIFIER: Solid Waste Registration Number 86032; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: hazardous waste transporter; RULE VIOLATED: 30 TAC §335.91(d), by failing to obtain commission authorization to store hazardous waste or to comply with transfer facility requirements; and 30 TAC §335.6(a) and (e), by failing to provide notification to the executive director at least 90 days prior to operating two transfer facilities; PENALTY: $4,080; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(6) COMPANY: Contractor's Supplies, Inc.; DOCKET NUMBER: 2003-1359-WQ-E; IDENTIFIER: National Pollutant Discharge Elimination System (NPDES) General Permit Numbers TXG110197 and 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), oil and grease daily maximum limit, and total mercury daily average and daily maximum limit; and 30 TAC §334.22(a) and §334.128(a), by failing to pay annual PST facility fees; PENALTY: $4,960; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(7) COMPANY: Crosstex Asset Management, LP; DOCKET NUMBER: 2003-0946-AIR-E; IDENTIFIER: Air Account Numbers HH-0181-U and RN100217215; LOCATION: Jonesville, Harrison County, Texas; TYPE OF FACILITY: compressor station; RULE VIOLATED: 30 TAC §122.146(2) and §122.145(2)(C), and THSC, §382.085(b), by failing to submit a timely annual compliance certification and failing to submit a deviation report for the untimely submittal of the annual compliance certification; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(8) COMPANY: D & M Water Supply Corporation; DOCKET NUMBER: 2003-1290-PWS-E; IDENTIFIER: Public Water Supply Number 1740010; LOCATION: Douglass, Nacogdoches County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.47(h), by failing to issue boil water notices subsequent to a water outage; PENALTY: $400; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(9) COMPANY: Tommy J. Thomas dba Deer Trail Mobile Home Park; DOCKET NUMBER: 2003-0182-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 12919-001; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §317.7(b), (c), and (e), by failing to provide safe access to the facility, failing to comply with electrical safety provisions and failing to secure the facility with an intruder-resistant fence, gate locks, and provide hazard signs on the facility; and 30 TAC §305.125(1), (5), and (11)(B), TPDES Permit Number 12919-001, and the Code, §26.121(a), by failing to comply with permitted effluent limits, failing to provide a legible staff gauge, and maintain and provide a copy of all records required to be maintained at the site; and 30 TAC §290.51(a)(3), by failing to pay the public health service fee and associated late fees; PENALTY: $14,100; ENFORCEMENT COORDINATOR: Pam Campbell, (512) 239-4493; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: Equistar Chemicals, LP; DOCKET NUMBER: 2003-0117-IWD-E; IDENTIFIER: TPDES Permit Number 04013; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 04013, and the Code, §26.121(a), by failing to meet permitted effluent limits and failing to report effluent violations deviating from permitted limits by more than 40% within five days of becoming aware of the violations; PENALTY: $54,725; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(11) COMPANY: Food Fast Corporation formerly Food Fast Holdings, Ltd.; DOCKET NUMBER: 2003-1142-PST-E; IDENTIFIER: PST Facility ID Numbers 0000883 and RN103031548; LOCATION: Tyler, Smith County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2)(A)(I) and the Code, §26.3475(a), by failing to equip the diesel pressurized line with an automatic line leak detector; and 30 TAC §334.10(b), by failing to provide UST records for annual line leak detector performance testing, records documenting installation of overfill protection, proof of financial assurance, inspection and test records for the corrosion protection system; PENALTY: $2,520; ENFORCEMENT COORDINATOR: Lori Thompson, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(12) COMPANY: Fort Dearborn Company; DOCKET NUMBER: 2003-1048-AIR-E; IDENTIFIER: PST Facility ID Numbers 0000883 and RN103031548; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: offset printing plant; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit an annual compliance certification; PENALTY: $2,375; ENFORCEMENT COORDINATOR: David Van Soest, (512) 239- 0468; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: Frontier Tank Lines, Inc.; DOCKET NUMBER: 2003-1286-PST-E; IDENTIFIER: RN103041760; LOCATION: Duncanville, Dallas County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that an owner or operator has a valid current TCEQ delivery certificate; PENALTY: $720; ENFORCEMENT COORDINATOR: Mauricio Olaya, (915) 834-4949; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: Galveston County Water Control Improvement District Number 1; DOCKET NUMBER: 2002-1167-MWD-E; IDENTIFIER: TPDES Permit Number 10173-001; LOCATION: Dickinson, Galveston County, Texas; TYPE OF FACILITY: water control improvement district; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10173-001, and the Code, §26.121, by having exceeded the permit limits; PENALTY: $32,250; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15) COMPANY: Harold Shepherd dba Harold's Mobil Mart and Restaurant; DOCKET NUMBER: 2003-0970-PST-E; IDENTIFIER: PST Facility Identification Numbers 71198 and RN102257110; LOCATION: Grapeland, Houston County, Texas; TYPE OF FACILITY: PST retail; RULE VIOLATED: 30 TAC §334.50(b)(2)(A)(i)(III) and (ii), by failing to provide a method of release detection for the pressurized piping associated with the UST systems and to test a line leak detector at least once per year; and 30 TAC §334.8(c)(5)(C), by failing to permanently mark, label, or tag the UST fill tubes; PENALTY: $3,900; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703- 1892, (409) 898-3838.

(16) COMPANY: Houston Pipe Line Company LP; DOCKET NUMBER: 2003-0696-AIR-E; IDENTIFIER: Air Account Number HG-0918-V; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: natural gas transmission and storage plant; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit an annual compliance certification; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Kimberly McGuire, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(17) COMPANY: Zulfigar K. Momin dba Hungerford Supermarket 344; DOCKET NUMBER: 2003-0972-PST-E; IDENTIFIER: PST Facility Identification Number 27984; LOCATION: Hungerford, Wharton County, Texas; TYPE OF FACILITY: grocery store with retail gasoline sales; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide financial assurance; PENALTY: $4,200; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(18) COMPANY: Johns Manville; DOCKET NUMBER: 2003-1086-AIR-E; IDENTIFIER: Air Account Number JH-0025-O; LOCATION: Cleburne, Johnson County, Texas; TYPE OF FACILITY: fiberglass insulation manufacturing; RULE VIOLATED: 30 TAC §116.115(b)(2)(F), (H)(ii) (previously §116.115(b)(2)(G) and (I)(ii)), and (c), Air Permit Number 946A, and THSC, §382.085(b), by failing to comply with the 28 pounds per hour permitted emission rate for ammonia-nitrogen; PENALTY: $12,500; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588- 5800.

(19) COMPANY: Kason Automatic Transmission, Inc.; DOCKET NUMBER: 2003-1278-PST- E; IDENTIFIER: PST Facility Number 43615, Regulated Entity Reference Number RN101869717; LOCATION: Texarkana, Bowie County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.401(a), by failing to possess a valid certificate of registration; 30 TAC §334.6(b)(2), by failing to provide the executive director with written notification prior to initiating a UST removal and failure to confirm the initiation; and 30 TAC §334.55(a)(6), by failing to conduct a site assessment; PENALTY: $4,320; ENFORCEMENT COORDINATOR: Todd Huddleson, (512) 239-1105; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(20) COMPANY: No Thi Ky Vo dba Kellys Texaco; DOCKET NUMBER: 2003-0831-PST-E; IDENTIFIER: PST Facility Identification Number 0024374, Regulated Entity Reference Number RN102233624; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: retail gasoline station; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $3,150; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(21) COMPANY: Kenneth and Mittie Thomson; DOCKET NUMBER: 2003-0838-PST-E; IDENTIFIER: PST Facility Identification Number 66631; LOCATION: Center, Shelby 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: $3,150; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(22) COMPANY: Koch Pipe Line Company L.P.; DOCKET NUMBER: 2003-1125-AIR-E; IDENTIFIER: Air Account Number TA-1222-P; LOCATION: Euless, Tarrant County, Texas; TYPE OF FACILITY: gasoline distribution; RULE VIOLATED: 30 TAC §115.216(1)(A)(I) and 40 Code of Federal Regulations (CFR) §63.428(c)(1), by failing to record the national emission standard for hazardous air pollutants (NESHAP) operating parameter data at the vapor combustion unit; 30 TAC §116.115(c)(1) and New Source Review Permit Number 19080, by failing to conduct daily calibrations of the continuous emission monitoring equipment, failing to perform the daily inspection and record on the vapor recovery unit as required, and failing to meet the monthly and annual average true vapor pressure liquid storage limits; and 40 CFR §63.6(e) and §63.427(b), by failing to maintain the NESHAP minimum operating parameter; PENALTY: $22,184; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(23) COMPANY: Kohettur Inc.; DOCKET NUMBER: 2003-0790-PST-E; IDENTIFIER: PST Facility Identification Numbers 39734 and RN101807188; LOCATION: Jacinto City, Harris 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: $2,100; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(24) COMPANY: Little "Nutt" Oil Company; DOCKET NUMBER: 2003-1393-PST-E; IDENTIFIER: RN102978988; LOCATION: Center, Shelby County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by allegedly having deposited a regulated substance into a regulated UST system that did not have a valid, current delivery certificate; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(25) COMPANY: Mary J. Krenek dba Logansport Food Mart; DOCKET NUMBER: 2003- 1270-PST-E; IDENTIFIER: PST Facility Identification Numbers 25415 and RN101835494; LOCATION: Nacogdoches, Nacogdoches County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.7(d)(3) and the Code, §26.346(a), by failing to amend registration to correctly reflect the current status of the facility's tank and piping system; 30 TAC §334.45(c)(3)(A), by failing to install and maintain a secure anchor at the base of each emergency shutoff valve; 30 TAC §334.48(c) and §334.50(d)(1)(B)(ii) and (2)(C)(vii), by failing to accurately reconcile inventory control records on a monthly basis and failing to report a suspected release; PENALTY: $5,600; ENFORCEMENT COORDINATOR: Erika Fair, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(26) COMPANY: Luke's Little Super, Inc. dba Luke's Little Supermarket & Deli I; DOCKET NUMBER: 2003-0978-PST-E; IDENTIFIER: PST Facility Identification Numbers 27214 and RN101758837; LOCATION: Galveston, Galveston County, Texas; TYPE OF FACILITY: food market with gasoline pumps; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,540; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(27) COMPANY: Daren Day dba Mac's Shell; DOCKET NUMBER: 2003-0923-PST-E; IDENTIFIER: PST Facility Identification Numbers 0029604 and RN100534262; LOCATION: Gun Barrell City, Henderson 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: $4,200; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239-2680; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535- 5100.

(28) COMPANY: Matagorda County dba Midfield Community Wastewater Treatment Facility; DOCKET NUMBER: 2002-1266-MWD-E; IDENTIFIER: TPDES Permit Number 13091-001; LOCATION: Midfield, Matagorda County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (5), §317.6(b), TPDES Permit Number 13091-001, and the Code, §26.121(a), by failing to comply with permit effluent limitations, failing to comply with the total chlorine residual and TSS, failing to prevent the discharge and accumulation of sludge in the receiving stream, failing to correctly calculate biochemical oxygen demand (BOD) and TSS loadings values, failing to report the correct number of excursions of the BOD, TSS, minimum dissolved oxygen, and minimum total chlorine residual, and failing to repair and/or replace the severely corroded chlorination equipment housing and to provide scales or alternative means of determining daily chlorine gas usage; PENALTY: $15,750; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(29) COMPANY: Oasis Car Wash, Inc. dba Oasis Car Wash 5026; DOCKET NUMBER: 2003- 1111-PST-E; IDENTIFIER: PST Facility Identification Number 70690; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: car wash with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to conduct the annual line leak detector test; and 30 TAC §334.8(c)(5)(C), by failing to permanently tag or label each UST fill tube; PENALTY: $2,576; ENFORCEMENT COORDINATOR: Christina McLaughlin, (512) 239-6589; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898- 3838.

(30) COMPANY: Phuong Cong Huynh dba P & H Food No. 2; DOCKET NUMBER: 2003- 0892-PST-E; IDENTIFIER: PST Facility Identification Number 69591, Regulated Entity Identification Number RN101434199; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: gasoline service station; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,100; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(31) COMPANY: Performance Food Group of Texas, L.P. dba PFG of Texas-Victoria; DOCKET NUMBER: 2003-0798-PST-E; IDENTIFIER: PST Facility Identification Number 36751; LOCATION: Victoria, Victoria County, Texas; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,900; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825- 3100.

(32) COMPANY: Republic Waste Services of Texas, Ltd.; DOCKET NUMBER: 2003-1136- AIR-E; IDENTIFIER: Air Account Number EB-0875-F, Regulated Entity Reference Number RN100542737; LOCATION: Odessa, Ector County, Texas; TYPE OF FACILITY: landfill and refuse system; RULE VIOLATED: 30 TAC §122.143(4), §122.146(2), and THSC, §382.085(b), by failing to submit the annual Title V compliance certification; PENALTY: $616; ENFORCEMENT COORDINATOR: Jill Reed, (915) 570-1359; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(33) COMPANY: Rose Grocery Corp. dba Rose Grocery; DOCKET NUMBER: 2003-0895- PST-E; IDENTIFIER: PST Facility Identification Number 0010702, Regulated Entity Identification Number RN101443232; LOCATION: Houston, Harris 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: $1,050; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(34) COMPANY: T&F Agri-Service & Construction Inc.; DOCKET NUMBER: 2003-0785- PST-E; IDENTIFIER: PST Facility Identification Number 4701; LOCATION: Brenham, Washington 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: $475; ENFORCEMENT COORDINATOR: Christina McLaughlin, (512) 239- 6589; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751- 0335.

(35) COMPANY: City of Terrell; DOCKET NUMBER: 2003-0319-WR-E; IDENTIFIER: Public Water Supply Number 1290006; LOCATION: Terrell, Kaufman County, Texas; TYPE OF FACILITY: retail and wholesale public water supply; RULE VIOLATED: 30 TAC §288.22(a) and §288.30(4), by failing to submit a drought contingency plan; and 30 TAC §§288.2(a), 288.5(1), and 288.30(1), by failing to submit a water conservation plan; PENALTY: $1,943; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(36) COMPANY: Texas Department of Public Safety; DOCKET NUMBER: 2003-1202-EAQ- E; IDENTIFIER: Regulated Entity Number RN102920568; LOCATION: Florence, Williamson County, Texas; TYPE OF FACILITY: real property; RULE VIOLATED: 30 TAC §213.21(d), by failing to obtain approval of an Edwards Aquifer contributing zone plan; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Christina McLaughlin, (512) 239-6589; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(37) COMPANY: Thousand Trails, Inc.; DOCKET NUMBER: 2003-0128-MWD-E; IDENTIFIER: TPDES Permit Number 12861-001; LOCATION: near Point, Rains County, Texas; TYPE OF FACILITY: recreational campground; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 12861-001, and the Code, §26.121(a), by failing to comply with its permitted effluent limits and failing to report, in writing, effluent violations; PENALTY: $10,800; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(38) COMPANY: U.S.R. Company; DOCKET NUMBER: 2003-1148-PST-E; IDENTIFIER: PST Facility Identification Number 08180, Regulated Entity Identification Number RN102409885; LOCATION: Dallas, Denton County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.242(3)(J), by failing to maintain the Stage II vapor recovery system in proper operating condition and free of defects; PENALTY: $800; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(39) COMPANY: V & S Petroleum, Ltd.; DOCKET NUMBER: 2003-1133-PST-E; IDENTIFIER: Regulated Entity Identification Number RN103940748; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe that the owner or operator had a valid, current delivery certificate; PENALTY: $800; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339- 2929.

(40) COMPANY: WTG Gas Processing, L.P.; DOCKET NUMBER: 2003-1095-AIR-E; IDENTIFIER: Air Account Number MF-0001-W, Regulated Entity Reference Number RN100212653; LOCATION: Stanton, Martin County, Texas; TYPE OF FACILITY: oil and natural gas processing; RULE VIOLATED: 30 TAC §122.145(2)(c) and THSC, §382.085(b), by failing to submit the deviation reports; PENALTY: $2,125; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705- 5404, (915) 570-1359.

TRD-200308874

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: December 23, 2003

The Texas Commission on Environmental Quality (commission or TCEQ) announces the availability of the Draft 2004 Clean Water Act (CWA) §305(b) Water Quality Inventory and the §303(d) List. The report is an overview of the status of surface waters in the state, including concerns for public health, fitness for use by aquatic species and other wildlife, and specific pollutants and their possible sources. In addition, a draft summary is provided of water bodies that do not support beneficial uses or water quality criteria and those water bodies that demonstrate some cause for concern. The report is used by TCEQ for management decisions including monitoring, planning, implementing, and funding best management practices to control pollution sources, and to develop a list of impaired waters for selecting water bodies for which total maximum daily load analyses will be initiated.

For 2004, TCEQ conducted a targeted water quality assessment and will submit an integrated report to the United States Environmental Protection Agency (EPA) following the format introduced in 2002. The report was developed using the 2000 Texas Surface Water Quality Standards adopted by TCEQ. The following aspects of the Draft 2002 report were reviewed to prepare the 2004 report using a targeted approach including: the use-attainment status for any water body was reviewed using recent data where it was demonstrated that the current listing status could be inaccurate; water bodies with concerns for water quality, and where there was insufficient data during the last assessment in 2002, were re-evaluated to identify water bodies that do not support the water quality standards (all areas of the water body were reassessed for the parameter of concern); the collection of 24-hour dissolved oxygen data is a priority for the commission and recently available data sets were evaluated for compliance with 24-hour average and minimum criteria; the use-attainment status for some water bodies was reviewed at the request of the TCEQ permits or Total Maximum Daily Load programs; when special projects were conducted that included a timely reassessment of water quality status as part of a TCEQ-approved work plan, the use-attainment status was reviewed; and changes to fish consumption advisories issued by the Texas Department of Health were identified.

Beginning January 15, 2004, the Draft 2004 Water Quality Inventory and the §303(d) List will be published on the TCEQ Web site at: http://www.tnrcc.state.tx.us/water/quality/04_twqi303d/04_index.html. Information regarding the public comment period may also be found on the Web site at: http://www.tnrcc.state.tx.us/water/quality/04_twqi303d/public_comment.html. Review and comment on individual water bodies and the summaries, as described on the Web site, are encouraged in the period before February 13, 2004.

Any data and information provided to TCEQ to refute or substantiate current assessments must be submitted in summary format, collected using approved TCEQ methods and materials, and consistent with TCEQ Quality Assurance requirements.

After the public comment period, TCEQ will evaluate all additional data or information received. If any additional data or information submitted influences the draft inventory, this will be reflected in the final Draft 2004 Water Quality Inventory and the §303(d) List submitted to the EPA for approval on April 1, 2004.

TCEQ will respond to comments received only in the "Response to Comments" document posted on the Web site with the Draft 2004 Water Quality Inventory and the §303(d) List on April 1, 2004. TCEQ will not respond to comments regarding past assessments or guidance issues excluding changes implemented in 2004. Written responses will not be provided for letters, emails, or phone calls.

Individuals unable to access documents on the TCEQ Web site can contact Patrick Roques, MC-165, Texas Commission on Environmental Quality, Monitoring Operations Division, P.O. Box 13087, Austin, Texas 78711-3087. Comments must be received by 5:00 p.m. on February 13, 2004. Information must be submitted in writing and cannot be accepted by phone.

TRD-200308894

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: December 29, 2003

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health and Human Services Commission (HHSC) announces the revision and reissuance of its Request for Proposals for "Study of Feasibility of Facility Closures and Consolidations" (RFP #529-04-249).

HHSC seeks to employ a professional consultant to study the feasibility of the closure and consolidation of certain state hospitals and state schools. HHSC is directed to study the feasibility of such closures and consolidations pursuant to Rider 55 of the Health and Human Services Commission's appropriation under House Bill 1, 78th Texas Legislature, Regular Session. The consultant will study the feasibility of such closures and consolidations, in accordance with the criteria set forth in the rider; conduct site visits to state schools and hospitals; meet with effected community leaders to discuss implications and opportunities relating to closures and consolidations; and prepare a report with recommendations and explanations concerning specific facilities, and identifying costs, savings, and (if any) reductions in the waiver waiting list.

HHSC anticipates that the consultant will visit some, but not necessarily all, of the state schools and hospitals. Other than information to be gathered from site visits and interviews with interested parties, all information necessary for the study will be provided by HHSC or the Texas Department of Mental Health and Mental Retardation. HHSC anticipates that it will award a contract for $150,000 or less.

The revised and reissued RFP is located in full on HHSC's web site at

http://www.hhsc.state.tx.us/about_hhsc/contracting/52904249/rfp_home.html. HHSC also posted notice of the procurement on the Texas Marketplace on www.marketplace.state.tx.us. The successful proposer will be expected to begin performance on or after February 25, 2004, and to deliver its final report to HHSC by June 30, 2004.

HHSC's sole point-of-contact for this procurement is:

Tom Valentine

Texas Health and Human Services Commission

4900 North Lamer Boulevard, 4th Floor

Austin, Texas 78751

Telephone: (512) 424-6529

Fax: (512) 424-6590

tom.valentine@hhsc.state.tx.us

All questions regarding the RFP must be sent in writing to the above-referenced contact by 5:00 p.m. Central Time on January 23, 2004. HHSC will post all written questions received with HHSC's responses on its web site on January 30, 2004, or as they become available. All proposals must be received at the above-referenced address on or before 5:00 p.m. Central Time on February 10, 2004. Proposals received after this time and date will not be considered.

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

TRD-200308922

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: December 30, 2003

This Long-Term Care Plan for People with Mental Retardation and Related Conditions was prepared by the Texas Department of Mental Health and Mental Retardation (TDMHMR) pursuant to §533.062, Texas Health and Safety Code. Section 533.062 requires the plan to be developed biennially and adjusted following legislative action on appropriations for long-term care services. The plan was developed and published in September 2002, in the Texas Health and Human Services Consolidated Budget for Fiscal 2004 - 2005. The 78th Regular Legislative Session concluded on May 31, 2003. The Health and Human Service Commission (HHSC) publishes this adjusted plan in the Texas Register to ensure that the number of ICF/MR beds licensed or approved as meeting license requirements and the capacity of the waiver programs are within appropriated funding amounts.

A new waiver, described in the Governor's Executive Order RP-13 as a selected essential services waiver, is currently proposed to the Centers for Medicare and Medicaid Services (CMS) for consideration. The proposed capacity for this new waiver is not reflected in this adjusted plan.

Intermediate Care Facilities for Persons with Mental Retardation or Related Conditions (ICF/MR-RC)

TDMHMR is the operating agency for the ICF/MR-RC program. This is a Medicaid funded program that provides services to people with mental retardation and related conditions in a residential setting with 24-hour supervision. These services are provided in two settings: state-operated campuses and community facilities.

State Operated Campus Facilities

The Gulf Coast Workforce Board seeks public comment on its proposed policy for discontinuing financial assistance for certain low-income parents. While the Board remains committed to providing financial assistance for as many families as possible, the State requires the Board to develop a policy for discontinuing financial assistance to low-income working customers in the event funds are needed to provide aid to welfare recipients. Workforce services, including financial assistance for child care expenses, are provided through The WorkSource--the Board's delivery system for workforce services.

The Board's proposed policy is based on a child's length of time in care and her family's annual income. If necessary, The WorkSource would discontinue financial aid for low-income families with children who have been in care for at least six years, beginning with families who have the highest incomes . Children with disabilities will not be affected by the proposed policy and will remain in care. The WorkSource will provide referrals and resource information to families when we discontinue financial aid.

The Board has based its proposed policy in part on the assumption that ending assistance for older children is the least disruptive to a family. We also anticipate that families with higher incomes will be better able to pay for after-school care--which is generally less expensive than care for younger children.

The Board is scheduling two public hearings to hear comment on the proposed policy during the last week of January, 2004. Please check The WorkSource calendar (under General Information) at www.theworksource.org for details. Interested parties may submit written comments on the proposed policy by letter (mail to Lucretia Hammond, Gulf Coast Workforce Board, P.O. Box 22777, Houston, Texas 77227-2777), by fax to (713) 993-4578, or by e-mail to lucretia.hammond@theworksource.org. The comment period ends at noon on January 30, 2004.

TRD-200308890

Jack Steele

Executive Director

Houston-Galveston Area Council

Filed: December 23, 2003

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on December 17, 2003, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of ECONnergy Energy Company for Retail Electric Provider (REP) Certification, Docket Number 29075 before the Public Utility Commission of Texas.

Applicant's requested service area by geography includes the entire State of Texas.

Persons wishing 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 January 16, 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 29075.

TRD-200308869

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 22, 2003

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on December 18, 2003, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Texas Commercial Energy for Retail Electric Provider (REP) Certification, Docket Number 29084 before the Public Utility Commission of Texas.

Applicant's requested service area by geography includes the entire State of Texas.

Persons wishing 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 January 16, 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 29084.

TRD-200308870

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 22, 2003

On December 17, 2003, Lightyear Communications, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60353. Applicant intends to reflect a series of transactions whereby New Lightyear will acquire substantially all of the assets of Lightyear Communications, Inc.

The Application: Application of Lightyear Communications, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 29069.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than January 14, 2004. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29069.

TRD-200308866

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 22, 2003

On December 19, 2003, TNCI, Inc. filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60454. Applicant intends to remove the resale-only restriction.

The Application: Application of TNCI, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 29087.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than January 14, 2004. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29087.

TRD-200308887

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 23, 2003

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application for sale, transfer, or merger on December 16, 2003, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.101 (Vernon 1998 & Supplement 2004).

Docket Style and Number: Application for Sale, Transfer, or Merger of Southwest Texas Telephone Company, Docket Number 28939.

The Application: Southwest Texas Telephone Company's application reflects a corporate reorganization in which it has become a wholly-owned subsidiary of Southwest Texas Telecom, Incorporated. Southwest Texas Telephone Company's stock is now held by Southwest Texas Telecom, Incorporated and its shareholders now hold shares of Southwest Texas Telecom, Incorporated in the same proportions as their former ownership of Southwest Texas Telephone Company. Southwest Texas Telephone Company will continue to hold its existing Certificate of Convenience and Necessity issued to it by the commission, its capital structure will remain the same, and it will continue to be managed by the same executives or their descendants (and in the same capacity) as have managed the company for the last 105 years.

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

TRD-200308818

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 19, 2003

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on December 22, 2003, to amend a certificate of convenience and necessity in Williamson County, Texas.

Docket Style and Number: Application of LCRA Transmission Services Corporation (LCRA TSC) to Amend its Certificate of Convenience and Necessity for a 138-kV Transmission Line in Williamson County, Docket Number 28450.

The Application: LCRA TSC proposes to design and construct the Glasscock to Andice 138-kV Transmission Line Project located in Williamson County, Texas. The 13.3 mile long single-circuit 138-kV transmission line will be located in western Williamson County on the edge of the Edwards Plateau, and extend from northwest of the City of Georgetown to a point southwest of the community of Andice. There are no new substations or switching stations associated with this project.

On or before February 5, 2004, persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 28450.

TRD-200308920

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 30, 2003

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on December 19, 2003, for an amendment to certificated service area boundaries within Medina County, Texas.

Docket Style and Number: Application of Medina Electric Cooperative, Inc. (MEC) to Amend a Certificate of Convenience and Necessity for Service Area Boundaries within Medina County. Docket Number 29091.

The Application: A developer is creating a residential subdivision in the area impacted by this application. A total of 42 lots are planned to be developed. Six of these lots are certificated to both MEC and Bandera Electric Cooperative, Inc. (BEC) because the lots are bisected by the existing service area boundary between MEC and BEC. Applicant requested that: (1) BEC be provided single certification for 3 of the 6 bisected lots along with the other 14 current lots located inside the service area of BEC, and (2) MEC be provided single certification for the other 3 of the 6 bisected lots along with the other 23 current lots located inside the service area of BEC.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas no later than January 16, 2004 by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 29091.

TRD-200308867

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 22, 2003

Notice is given to the public of an application filed by Livingston Telephone Company (Livingston) with the Public Utility Commission of Texas (commission) on December 19, 2003, to make a tariff rate change.

Docket Title and Number: Livingston Telephone Company's Statement of Intent to Include a New Service Charge, Carrier Notification Charge, in its Customer Services Tariff Pursuant to P.U.C. Substantive Rule §26.171. Tariff Control Number 29094.

The Application: Livingston has filed a statement of intent with the commission to charge a $5.00 service fee to a customer's new local service provider (LSP) or primary interexchange carrier (PIC) when there is a change in a customer's current LSP or PIC and when Livingston is required to notify a LSP or PIC of the change in accordance with commission rules. Livingston stated that the new LSP/PIC may send the company a change request containing changes for more than one customer name and/or account and Livingston will apply the $5.00 charge per request. Livingston advised that LSP/PIC carriers may negotiate different rates, terms, and conditions for the notification in a carrier specific contract and that the contract would supersede Livingston's tariff for the carrier notification charge. Livingston estimates that this tariff change together with any other proposed or approved tariff changes in the preceding 12 months will increase the regulated intrastate gross annual revenues of the company by $4,800 or 2.18%.

For a copy of the proposed tariffs or for further information regarding this application, customers should contact Livingston Telephone Company at 701 West Church Street, Livingston, TX 77351 or call (936) 327-4309 during regular business hours.

Customers have a right to petition the commission for a review of this application. If the commission receives a complaint relating to the proposed change from either an affected intrastate access customer or a group of affected intrastate access customers that, the preceding 12 months, the company billed more than 10% of its total intrastate gross access revenues, the application will be docketed. The deadline to comment or request to intervene in this proceeding is February 17, 2004. Persons wishing to comment or intervene should contact the Public Utility Commission of Texas, Customer Protection Division, P.O. Box 13326, Austin, Texas 78711-3326 or call the commission at (512) 936-7120 or in Texas (toll-free) at 1-888-782-8477. Hearing- and speech- impaired individuals with text telephones (TTY) may contact the commission at (toll-free) 1-800- 735-2988.

TRD-200308903

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 29, 2003

On December 19, 2003, United Telephone Company of Texas, Inc. doing business as Sprint, Central Telephone Company of Texas doing business as Sprint, and Ernest Communications, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2004) (PURA). The joint application has been designated Docket Number 29092. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29092. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by January 21, 2004, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 29092.

TRD-200308868

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 22, 2003

On December 19, 2003, United Telephone Company of Texas, Inc. doing business as Sprint, Central Telephone Company of Texas doing business as Sprint, and MCI WorldCom Communications, Inc., collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2004) (PURA). The joint application has been designated Docket Number 29093. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

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

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29093. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by January 21, 2004, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 29093.

TRD-200308886

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 23, 2003

Texas A&M University seeks proposals from consulting firms to provide analysis, evaluation, and negotiation for the Enterprise Information System Project.

Information may be obtained by contacting: Mary Sue Goldwater, Associate Director of Purchasing Services, Texas A&M University, P.O. Box 30013, College Station, Texas 77842-0013, or e-mail at ms-goldwater@tamu.edu.

Selection criteria will include competence, experience, knowledge, qualification, and reasonableness of price. Proposals must be received on or before 2:00 p.m., January 30, 2004.

TRD-200308889

Thelma Isenhart

Assistant Executive Secretary to the Board

Texas A&M University, Board of Regents

Filed: December 23, 2003