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

Case Title and Court: Harris County, Texas and the State of Texas v. Houston Chemical Services, Inc. , Cause No. 2002-34902, in the 157th Judicial District Court of Harris County, Texas

Nature of Defendant's Operations: Defendant Houston Chemical Services, Inc., ("HCS") pre-treated (neutralized) industrial wastewater to be disposed at another company's facility. The waste and air violations occurred at its facility in Houston, Texas. Harris County determined that the HCS facility emitted nuisance odors on several dates. The odors apparently came from several of the tanks and the two storm water ponds at the HCS facility. Harris County and the State also determined that HCS had processed, stored, and disposed of waste without a permit and committed other industrial solid waste violations.

Proposed Agreed Judgment: The proposed Agreed Final Judgment and Permanent Injunction is in favor of Harris County, Texas and the State in the amount of One Million Three Hundred and Fifty Dollars ($1,350,000.00) in civil penalties to be equally divided between Harris County and the State of Texas. Defendant is also required to pay attorney fees in the amount of Seventy-Five Thousand Dollars ($75,000.00) to Harris County, Texas, and Seventy-Five Thousand Dollars ($75,000.00) to the State of Texas.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment and Permanent Injunction should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement should be directed to Anthony W. Benedict, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

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

TRD-200403760

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: June 8, 2004

The Texas Coastal Coordination Council (Council) has revised General Concurrence #1, a Council document concerning Council procedures for the review of U.S. Army Corps of Engineers, Galveston District (Corps) actions. The purpose of General Concurrence #1 is to minimize the scope and duration of Council review of certain Corps actions for consistency with the goals and policies of the Texas Coastal Management Program (CMP). As originally issued, General Concurrence #1 provided for a 15-day review period for the Council's consistency review of those activities permitted by the Corps under Letters of Permission (33 CFR §325.2(e)(1)). The revisions to General Concurrence #1 include the addition of 15-day coordination notices, which the Corps issues for Oil Field Development Specific Permits, Project Revisions, Minor Modifications, and extensions of time. These federal actions are now in the list of Corps actions that are subject to the 15-day review period under General Concurrence #1. The revisions also include changes to clarify the purpose and scope of General Concurrence #1 and its notification and review procedures.

The Council is authorized to amend General Concurrence #1 under 31 Texas Administrative Code (TAC) §506.28 and §506.35 and 15 Code of Federal Regulations (CFR) §930.53(b).

The revised General Concurrence #1, as well as information concerning the Council and its duties, may be found on the Texas General Land Office website at http://www.glo.state.tx.us/coastal/ccc.html.

Requests for copies of the revised General Concurrence #1 may be submitted to Diane P. Garcia, Council Secretary, Coastal Coordination Council, P.O. Box 12873, Austin, Texas, 78711-2873, diane.garcia@glo.state.tx.us, facsimile (512) 475-0680, phone (512) 463-5385.

TRD-200403771

Larry L. Laine

Chief Clerk/Deputy Commissioner, General Land Office

Coastal Coordination Council

Filed: June 9, 2004

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-04-036 to implement programs that target 9th through 12th grade students from school districts and open-enrollment charter schools. A shared services arrangement of school districts also may apply. A district must serve as the fiscal agent. A local educational agency that has the following is eligible to apply: (1) one or more high schools with an overall campus passing rate of 50 percent or lower for all tests taken on the 10th grade Texas Assessment of Knowledge and Skills (TAKS) during the spring 2004 administration and/or (2) one or more high schools with a 2003 (Class of 2002) Completion Rate (graduates, continuing students, and GED recipients as a percentage of total students in the class) for All Students that is less than 90 percent, and (3) the high schools identified above are not currently receiving funding under the Texas High School Completion and Success Grant Program.

Description. The purpose of this program is to support the establishment and implementation of comprehensive high school completion and success initiatives. The grant program will target under-performing high schools and high schools with low student completion rates through student-focused competitive intervention grants that will provide direct and indirect (support) services to students in Grades 9 through 12. Its goals are to (1) increase student achievement, as evidenced through improved TAKS scores and increased credit accrual; (2) increase the number of students who graduate in four years after entering 9th grade; and (3) increase the number of students who graduate college-ready, as demonstrated through credit accrual, Advanced Placement/International Baccalaureate participation, and enrollment in rigorous coursework in a college-preparatory curriculum.

Dates of Project. The Texas High School Completion and Success Grant, Cycle 2, will be implemented during the 2004-2005 and 2005-2006 school years. Applicants should plan for a starting date of no earlier than October 1, 2004, and an ending date of no later than August 31, 2006. The grant period will be 22 months.

Project Amount. Approximately $20 million is available for funding approximately 100 projects. The grant request may not be less than $15,000 or greater than $600,000 per district.

Applicant's Conference. Prospective applicants will be provided an opportunity to receive general and clarifying information from TEA about the scope of the Texas High School Completion and Success Grant, Cycle 2. This Applicant's Conference will be held on Monday, July 12, 2004, from 9:00 a.m. until 12:00 p.m. on the Texas Educational Telecommunications Network (TETN).

Selection Criteria. Applications will be selected based on the independent reviewers' 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 programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The TEA will not award a grant to an applicant receiving an average score of below 70. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA and that are most advantageous to the project.

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

Requesting the Application. A complete copy of RFA #701-04-036 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 TEA website at http://www.tea.state.tx.us/opge/disc/index.html for viewing and downloading.

Further Information. For clarifying information about the RFA, contact Barbara Knaggs, Division of Education Initiatives, Texas Education Agency, (512) 936-6060.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the TEA by 5:00 p.m. (Central Time), Tuesday, August 10, 2004, to be considered for funding.

TRD-200403768

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: June 9, 2004

For the Period of May 27, 2004

APPLICATION. ONYX ENVIRONMENTAL SERVICES, LLC, located on the south side of State Highway No. 73 (SH 73), approximately 11.5 miles west of the Port Arthur, Texas Post Office and 3.2 miles west of the intersection of SH 73 and Taylor Bayou in Port Arthur, Texas on approximately 156.5 acres in Jefferson County has applied to the Texas Commission on Environmental Quality (TCEQ) for a permit renewal for continued operation of 25 existing tanks; 6 existing container storage areas; 1 incinerator train, 12 proposed tanks, 3 proposed container storage areas, 1 landfill, and 7 miscellaneous units for the storage, processing, incineration, and landfilling of hazardous waste and Class 1 and 2 industrial solid waste. Additionally, the permit renewal application requests continued authorization of post-closure care activities at 1 closed surface impoundment. The applicant has also applied for a compliance plan renewal which authorizes and requires the applicant to monitor the concentration of hazardous constituents in ground water and remediate ground-water quality to specified standards. The permit and compliance plan renewal applications were submitted on December 8, 1997.

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

The Executive Director of TCEQ has prepared a draft permit and compliance plan which, if approved, would established conditions under which the facility must operate.

PUBLIC COMMENT / PUBLIC MEETING. Written public comments and request for a public meeting should b submitted to the Office of Chief clerk at the address provided in the information section below, within 45 day of the date of newspaper publication the notice. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application or if requested in writing by and affected person within 45 days of the date of newspaper publication of the notice.

CONTESTED CASE HEARING. The TCEQ may grant a contested case hearing on this application if a written hearing request is filed within 45 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing I filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, and official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the state " I/we" request a contested case hearing;' (4) a brief and specific description of how you would be affected by the granting of the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit your proposed adjustment to the application/permit which would satisfy your concerns. Request for a contested case hearing must be submitted in writing to the Office of Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the permit and forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

INFORMATION. Written hearing request, public comments, or request for a public meeting should be submitted to the Office of Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Office of Public Interest Counsel, MC 103, the same address as above. Individual members of the general public may contact the Office of Public assistance, c/o Office of the Chief Clerk, at the address above or by calling 1-800-687-4040 to: (1 review or obtain copies of available document (such as draft permit, technical summary, and application); (2) inquire about the information in this notice; or (3) inquire about other agency permit application or permitting processes. General information regarding the TCEQ can be found at our we site at www.tceq.state.tx.us.

TRD-200403754

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 8, 2004

For the Period of June 4, 2004

APPLICATION. CLEAN HARBORS DEER PARK, LP, located at 2027 Battleground Road on approximately 86 acres of land in Deer Park, Harris County, Texas has applied to the Texas Commission on Environmental Quality (TCEQ) for a permit renewal for the construction and continued operation of 39 existing tanks; 15 existing and one proposed container storage areas; two existing incinerators; three existing and one proposed miscellaneous units; and two existing and one proposed landfills for the storage, processing, disposal, and post-closure care of hazardous, Class 1 and Class 2 industrial solid waste. The applicant has also applied for a compliance plan renewal which authorizes and requires the applicant to monitor the concentration of hazardous constituents in ground water and remediate ground-water quality to specified standards. The permit and compliance plan renewal applications were submitted on September 16, 1997.

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

The Executive Director of TCEQ has prepared a draft permit and compliance plan which, if approved, would established conditions under which the facility must operate.

PUBLIC COMMENT / PUBLIC MEETING. Written public comments and request for a public meeting should be submitted to the Office of Chief Clerk at the address provided in the information section below, within 45 days of the date of newspaper publication the notice. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application or if requested in writing by an affected person within 45 days of the date of newspaper publication of the notice.

CONTESTED CASE HEARING. The TCEQ may grant a contested case hearing on this application if a written hearing request is filed within 45 days from the date of newspaper publication of this notice. The Executive Director may approve the 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, and 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; (4) a brief and specific description of how you would be affected by the granting of the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit your proposed adjustment to the application/permit which would satisfy your concerns. Request for a contested case hearing must be submitted in writing to the Office of Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the permit and forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

INFORMATION. Written hearing request, public comments, or request for a public meeting should be submitted to the Office of Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Office of Public Interest Counsel, MC 103, the same address as above. Individual members of the general public may contact the Office of Public Assistance, c/o Office of the Chief Clerk, at the address above or by calling 1-800-687-4040 to: (1) review or obtain copies of available document (such as draft permit, technical summary, and application); (2) inquire about the information in this notice; or (3) inquire about other agency permit application or permitting processes. General information regarding the TCEQ can be found at our we site at www.tceq.state.tx.us.

TRD-200403758

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 8, 2004

Notice mailed June 4, 2004

TCEQ Internal Control No. 03312004-D03; Robert L. Moody, Transitional Learning Community at Galveston, and League City Investors, Ltd., (Petitioners) filed a petition for creation of Galveston County Municipal Utility District No. 45 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioners are the owner of a majority in value of the land to be included in the proposed District; (2) there are two lien holders, Texas State Bank and CIG International L.L.C., on the property to be included in the proposed District, and the before mentioned entities have consented to the petition; (3) the proposed District will contain approximately 593.48 acres located within Galveston County, Texas; and (4) the proposed District is within the corporate boundaries of the City of League City, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. The Petitioners have also provided the TCEQ with a certificate evidencing the consent of Texas State Bank and CIG International L.L.C. to the creation of the proposed District. By Resolution No. 2003-29, effective June 10, 2003, the City of League City, Texas gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) purchase, construct, acquire, maintain and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; and (3) control, abate and amend local storm waters or other harmful excesses of water, as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project, and from the information available at the time, the cost of the project is estimated to be approximately $28,200,000.

INFORMATION SECTION

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

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

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

TRD-200403756

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 8, 2004

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director (ED) of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 19, 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 July 19, 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 DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the commission in writing .

(1) COMPANY: Agro-Transfer, Inc.; DOCKET NUMBER: 2002-0458-AIR-E; TCEQ ID NUMBER: HN-0320-P; LOCATION: northwest corner of the intersection of Toluca Road and Gonzalez Road, Progreso, Hidalgo County, Texas; TYPE OF FACILITY: grain transfer and storage; RULES VIOLATED: 30 TAC §116.115(b), Texas Health and Safety Code (THSC), §382.085(b), TCEQ Permit Number 24286, General Provision Number 6, and Agreed Order Docket Number 1999-0663-AIR-E, Ordering Provision 2.f., by failing to ensure that the facilities covered by the permit are not operated unless all air pollution emission capture equipment and abatement equipment are maintained in good working order and operating properly during normal facility operations; and 30 TAC §116.115(c), THSC, §382.085(b), TCEQ Permit Number 24286, Special Provision Number 3, and Agreed Order Docket Number 1999-0663-AIR-E, Ordering Provision 2.h., by failing to equip truck receiving and loadout areas with flaps on all doorways while receiving and/or loading products; PENALTY: $5,000; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(2) COMPANY: Alvy T. McQueen dba Buzzard Hill Service Station; DOCKET NUMBER: 2001-1028-PST-E; TCEQ ID NUMBERS: 0011518 and RN101790079; LOCATION: Highway 146 and Providence Road, Livingston, Polk County, Texas; TYPE OF FACILITY: underground storage tanks (USTs); RULES VIOLATED: 30 TAC §334.7(d)(3) and TWC, §26.346(a), by failing to amend, update, or change the facility's registration information within 30 days from the date the facility's USTs were taken out of service; 30 TAC §334.47(a)(2), by failing to permanently remove the existing UST system no later than 60 days after the prescribed implementation date; 30 TAC §334.48(a) and §334.50(b)(1)(A) and TWC, §26.351(b) and §26.3475, by failing to ensure that the UST system was operated, maintained, and managed in a manner to prevent releases of a regulated substance and failing to monitor the USTs in a manner which would detect a release at a frequency of at least once every month; 30 TAC §334.49(a) and TWC, §26.3475, by failing to have corrosion protection for the UST system; and 30 TAC §37.815(a) and (b), by failing to demonstrate the required financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $23,100; STAFF ATTORNEY: Sarah Utley, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(3) COMPANY: ASN Enterprises, Inc. dba Jr Food Mart; DOCKET NUMBER: 2003-0806-PST-E; TCEQ ID NUMBER: 9067; LOCATION: 101 Highway 110 North, Whitehouse, Smith County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate 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; PENALTY: $2,400; STAFF ATTORNEY: David Speaker, Litigation Division, MC 175, (512) 239-2548; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

TRD-200403750

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 8, 2004

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (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 July 19, 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 July 19, 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: Century Industrial Coatings Incorporated; DOCKET NUMBER: 2003-1266-MLM-E; TCEQ ID NUMBERS: RN101933946, 87233, F1590, 47583, and CJ0159M; LOCATION: United States Highway 69, 0.5 miles south of Loop 456, near Jacksonville, Cherokee County, Texas; TYPE OF FACILITY: paint manufacturing plant; RULES VIOLATED: 30 TAC §335.62 and 40 Code of Federal Regulations (CFR) §262.11, by failing to conduct a proper waste determination; 30 TAC §116.115(c), §335.4, and Air Quality Permit Number 47583, Special Condition Number 9, by failing to prevent an unauthorized discharge; 30 TAC §335.69(d)(1) and (2), §335.262(c)(2)(A) and (F), and 40 CFR §262.34(c)(1)(ii), by failing to close and label hazardous waste containers; 30 TAC §335.2(b), by failing to dispose of an industrial hazardous waste at an authorized site; and 30 TAC §116.110(a) and Texas Health and Safety Code, §382.085(b), by failing to authorize air emissions; PENALTY: $14,400; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(2) COMPANY: Robert Schreier; DOCKET NUMBER: 2003-1468-MSW-E; TCEQ ID NUMBERS: 455060005 and RN102935509; LOCATION: Block G4, Section 2976, Brewster County, Texas; TYPE OF FACILITY: scrap tire storage site; RULES VIOLATED: 30 TAC §328.60(a), by failing to obtain a scrap tire storage site registration from the TCEQ while continuing to store more than 500 used or scrap tires on the ground; PENALTY: $3,000; STAFF ATTORNEY: Kelly W. Mego, Litigation Division, MC R-4, (817) 588-5922; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

TRD-200403751

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 8, 2004

The following notices were issued during the period of May 28, 2004 through June 9, 2004.

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

ACME BRICK COMPANY has applied for a renewal of TPDES Permit No. WQ0013192001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 1,200 gallons per day. The facility is located approximately 3.8 miles east of the intersection of Farm-to-Market Road 331 and State Highway 36 in Austin County, Texas.

AQUA WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. 14224-001, which authorizes the discharge of treated water treatment plant filter backwash water at a daily average flow not to exceed 4,200 gallons per day. The facility is located on County Road 106, 1.2 miles west of the County Road 106 and Farm-to-Market Road 696 intersection in Bastrop County, Texas.

BRUNI RURAL WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. 13924-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 62,500 gallons per day. The facility is located at the east end of 16th Street, approximately one mile northeast of the intersection of State Highway 359 and Farm-to- Market Road 2050 in the community of Bruni in Webb County, Texas.

CHRISTIAN TABERNACLE OF HOUSTON, INC. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014513001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 19,000 gallons per day. The facility is located on the north side of Garrett Road, approximately 0.262 mile west of the intersection of Beltway 8 and Garrett Road in Harris County, Texas.

CITY OF CROSBYTON has applied for a renewal of Permit No. 10097-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 264,000 gallons per day via surface irrigation of 518.3 acres of farmland. The facility and disposal site are located approximately 3.0 miles southeast of the intersection of U.S. Highway 82 and Farm-to-Market Road 651 in Crosby County, Texas.

DRIPPING SPRINGS INDEPENDENT SCHOOL DISTRICT has applied for a renewal of Permit No. WQ0013748001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day via subsurface drip irrigation on 3.44 acres. The draft permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day via subsurface drip irrigation on 3.44 acres. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 0.9 mile northwest of the intersection of Ranch Road 12 and U.S. Highway 290 in Hays County, Texas.

THE FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 81 has applied for a renewal of TPDES Permit No. 13051-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 325,000 gallons per day. The facility is located approximately 10 miles northwest of Rosenberg, Texas and 3 miles south southwest of Fulshear in Fort Bend County, Texas.

GRAND MISSION MUNICIPAL UTILITY DISTRICT NO. 1 has applied for a major amendment to TPDES Permit No. WQ0014231001 to authorize an increase in the discharge of treated domestic wastewater flow limitations in the interim phases and to authorize an increase in the final volume not to exceed an annual average flow of 1,000,000 gallons per day. The facility is located approximately 0.9 mile south and 0.5 mile west of the intersection of Farm-to-Market Road 1093 and Harlem Road in Fort Bend County, Texas.

GRAPE CREEK INDEPENDENT SCHOOL DISTRICT has applied for a renewal of Permit No. 14242-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 9,600 gallons per day via subsurface drip irrigation of 2.2 acres of school athletic field. The facility and disposal site are located 3,800 feet north of the intersection of Farm-to-Market Road 2288 and U. S. Highway 87 in Tom Green County, Texas

CITY OF GUNTER has applied for a renewal of TPDES Permit No. 10569-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 240,000 gallons per day. The facility is located adjacent to the St. Louis-San Francisco and Texas Railway, approximately 2,300 feet west of State Highway 289 and approximately 1,400 feet north of Farm-to-Market Road 121 in the City of Gunter in Grayson County, Texas.

LAMAR CONSOLIDATED INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. 13007-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 17,000 gallons per day. The facility is located at 5111 Farm-to-Market Road 762, approximately 4.5 miles east-southeast of the City of Rosenberg in Fort Bend County, Texas.

CITY OF MANOR has applied for a renewal of TPDES Permit No. 12900-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 840,000 gallons per day. The facility is located immediately west of New Sweden Road and approximately 0.25 mile south of U.S. Highway 290 in Travis County, Texas.

MONTGOMERY COUNTY UTILITY DISTRICT 3 has applied for a renewal of TPDES Permit No. 11203-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. The facility is located south of State Highway 105, approximately 8.5 miles west of the intersection of State Highway 105 and Interstate Highway 45 in Montgomery County, Texas.

NEEDVILLE INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. 12010-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 36,000 gallons per day. The facility is located between the intersections of Roesler Road and Danhouse Road with State Highway 36, approximately 2.25 miles southeast of the City of Needville on State Highway 36 in Fort Bend County, Texas.

NEW HORIZONS RANCH AND CENTER, INC. has applied for a major amendment to Permit No. 12759-001, to authorize an increase in the daily average flow from 10,000 gallons per day to 25,000 gallons per day and to increase the acreage irrigated from 6.8 acres to 15 acres. The draft permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 18,000 gallons per day via surface irrigation of 15 acres of nonpublic access pastureland. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located one mile west-northwest of the intersection of Farm-to-Market Road 574 (Mills County Road) and Pecan Bayou in Mills County, Texas.

NORTH TEXAS MUNICIPAL WATER DISTRICT has applied for a renewal of TPDES Permit No. 11259-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 40,000 gallons per day. The facility is located south of the intersection of Yankee Creek Road and Yacht Club Road, approximately 1.5 miles southwest of the City of Heath in Rockwall County, Texas.

RIVERSIDE COUNTRY CLUB has applied for a renewal of TPDES Permit No. 11602-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 6,000 gallons per day. The facility is located approximately 1200 feet south of State Highway 332 and approximately 1.5 miles east of the intersection of State Highway 332 and Farm-to-Market Road 521 in Brazoria County, Texas.

CITY OF SEYMOUR has applied for a renewal of Permit No. 10281-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 537,000 gallons per day. The facility is located approximately 0.5 mile southwest of the intersection of Farm-to-Market Road 1286 and State Highway 199 in Baylor County, Texas.

DR. JAMES DONALD SMITH JR. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014498001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 35,000 gallons per day. The facility is located 2,211 feet south of State Highway 787 and approximately 4,800 feet east of the Community of Romayor in Liberty County, Texas.

CITY OF SOMERVILLE has applied for a renewal of TPDES Permit No. 10371-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The facility is located adjacent to Farm-to-Market Road 1361, approximately 0.5 mile northeast of the intersection of Farm-to-Market Road 1361 and State Highway 36, east of the City of Somerville in Burleson County, Texas.

WILDWOOD PROPERTY OWNERS ASSOCIATION has applied for a renewal of TPDES Permit No. 11184-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 24,000 gallons per day. The facility is located at the corner of Balsawood and Chestnut Streets in the community of Wildwood, approximately 0.25 miles south of Lake Kimble and approximately 2.5 miles west of the intersection of U. S. Highways 69 and 287 and Farm-to-Market Road 3063 in Hardin County, Texas.

CITY OF YOAKUM has applied for a renewal of TPDES Permit No. WQ0010463001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 990,000 gallons per day. The facility is located on the west side of Dunn Street and approximately one mile southwest of its intersection with State Highway 111 in the City of Yoakum in Dewitt County, Texas.

TRD-200403755

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 8, 2004

Notices mailed June 3, 2004 through June 8, 2004.

APPLICATION NO. 5832; Westerra Stonebridge, L.P., 1611 North Stonebridge Drive, McKinney, Texas, 75071, has applied to the Texas Commission on Environmental Quality (TCEQ) for a Water Use Permit pursuant to 11.143, Texas Water Code, and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. Applicant seeks a water use permit to improve and maintain three existing exempt on-channel dams and reservoirs to impound a combined total of 78 acre-feet of water with a combined surface area of 12 acres for in-place recreation purposes in Collin County, approximately 6.0 miles west of the town of McKinney, Texas. Applicant is proposing to maintain the reservoir full at all times with water from the City of McKinney's domestic water supply system. Water will be piped directly into the three reservoirs. Ownership of the land is evidenced by a Special Warranty Deed recorded as Document No. 96-0106740 and a Quitclaim Deed recorded as Document No. 96-0106741 on December 12, 1996 in the Collin County Clerk's Office. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on January 29, 2004. Additional information and fees were received on February 1, February 5, March 1 and March 18, 2004. The application was declared administratively complete and filed with the Office of the Chief Clerk on April 12, 2004. Written public comments and requests for a public meeting should be received in the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. For a complete version of this notice, contact the Office of the Chief Clerk at the address given in the information section below.

APPLICATION NO. 5827; The City of Houston, applicant, 611 Walker, 21st Floor, Houston, Texas 77002 seeks a Water Use Permit pursuant to Texas Water Code (TWC) 11.121, 11.042, & 11.085 and Texas Commission on Environmental Quality (TCEQ) Rules 30 Texas Administrative Code (TAC) 295.1, et seq. Applicant seeks authorization to divert and reuse not to exceed 580,923 acre-feet of its return flows and any future return flows from its wastewater treatment plants located in the San Jacinto River Basin for municipal and industrial purposes. Applicant also seeks to use the bed and banks of Brays Bayou, Buffalo Bayou, Greens Bayou, Hunting Bayou, Lake Houston, Sims Bayou, and White Oak Bayou to convey the water downstream from its wastewater treatments plants to its diversion points. Applicant further seeks to use the water within the City's service area in Harris, Fort Bend, Brazoria, Chambers, and Galveston Counties within the San Jacinto River Basin, the Trinity River Basin, San Jacinto- Brazos Coastal Basin, and Trinity-San Jacinto Coastal Basin. Water is transferred from the San Jacinto River Basin to the other basins within the City's service area pursuant to TWC 11.085(v)(3) and (4). Water will be discharged from the Wastewater Treatment Plants in San Jacinto River Basin. Presently, the combined maximum permitted discharge rate for these plants is 545,191 MGD, or 611,498 acre-feet of water per annum. The applicant has only requested to divert and reuse 580,923 acre-feet of water out of the 611,498 acre- feet of water. The difference accounts for the estimated 5% carriage loss associated with conveyance of water down the bed and banks. This application is subject to the Texas Coastal Management Program (CMP) and must be consistent with the CMP goals and policies. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on January 14, 2004. Additional information for the application were received on April 23, 2004. The application was accepted for filing and declared administratively complete on May 14, 2004. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by July 9, 2004. For a complete version of this notice, contact the Office of the Chief Clerk at the address given in the information section below.

APPLICATION NO. 5576A; Lipar Group, Inc., 19221 I-45 South, Suite 320, Conroe, Texas, 77385, seeks an amendment to Water Use Permit No. 5576 pursuant to Texas Water Code (TWC) 11.122 and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. Water Use Permit No. 5576 authorizes the owner to maintain a dam and reservoir with a capacity of not to exceed 345 acre-feet on an unnamed tributary of Dry Creek, tributary of Spring Creek, tributary of the West Fork San Jacinto, tributary of the San Jacinto River, San Jacinto River Basin for in-place recreational purposes and no diversions other than domestic and/or livestock purposes in Montgomery County. The Permit contains a typographical error which states the time priority for this right is February 20, 1977. Applicant seeks to amend Water Use Permit No. 5576 to authorize an increase in the impoundment capacity from 345 to 707 acre-feet of water for in-place recreational use. The applicant also seeks to correct the typographical error in the priority date of the impoundment of the 345 acre-feet of water to February 20 1997. The applicant currently utilizes an onsite well adjacent to the dam for the purpose of keeping the reservoir at an acceptable level. The well has a capacity of 300 gallons-per-minute. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on February 9, 2004. Additional fees and information were received on April 29, 2004. The application was accepted for filing and declared administratively complete on May 10, 2004. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below 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, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.

TRD-200403757

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 8, 2004

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075, which requires that the commission may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 19, 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 July 19, 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: AAA Petroleum Distributors, Inc.; DOCKET NUMBER: 2004-0212-PST-E; IDENTIFIER: Regulated Entity (RN) Identification Number 103777223; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe a valid, current delivery certificate; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Kensley Greuter, (512) 239-2520; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(2) COMPANY: Arnold Felts dba A & D General Store; DOCKET NUMBER: 2002-1146-PST- E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 71010, Public Water Supply (PWS) Number 2260059, RN102314770; LOCATION: San Angelo, Tom Green County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline and public water supply; RULE VIOLATED: 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to perform annual performance tests; 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance; 30 TAC §334.8(c)(4)(B), (C), and (5)(A)(i) and the Code, §26.346(a), by failing to fully and accurately complete and submit a new self-certification form and by failing to make available a valid, current delivery certificate; and 30 TAC §290.46(d)(2)(A), by failing to maintain the minimum chlorine residual of 0.20 milligrams per liter; PENALTY: $600; ENFORCEMENT COORDINATOR: Jill Reed, (915) 570-1359; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(3) COMPANY: Ashmal, Incorporated dba East 1st Grocery; DOCKET NUMBER: 2003-0666- PST-E; IDENTIFIER: PST Facility Identification Number 11315; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline and public water supply; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c), by failing to monitor an underground storage tank (UST) system for releases; 30 TAC §334.49(e)(2)(B)(i), by failing to maintain records of the results of tests and inspections of the impressed current cathodic protection system; and 30 TAC §334.48(c), by failing to conduct effective inventory control procedures; PENALTY: $9,900; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(4) COMPANY: CMS Taurus Field Services, LP; DOCKET NUMBER: 2004-0233-AIR-E; IDENTIFIER: Air Account Number CC-0005-U; LOCATION: Putnam, Callahan County, Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30 TAC §122.145(2)(C) and THSC, §382.085(b), by failing to submit a deviation report; 30 TAC §111.111(a)(4)(A) and THSC, §382.085(b), by allowing visible emissions; and THSC, §382.085(b), by failing to comply with a condition of a standard exemption; PENALTY: $8,075; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(5) COMPANY: Centex Dairy, L.L.C.; DOCKET NUMBER: 2004-0339-AGR-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 03132; LOCATION: near Hico, Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.39(f)(28)(G), by failing to file a detailed nutrient utilization plan; PENALTY: $648; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: City of Galena Park; DOCKET NUMBER: 2004-0554-MWD-E; IDENTIFIER: TPDES Permit Number 10831-001, RN101701324; LOCATION: Galena Park, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10831-001, and the Code, §26.121(a), by failing to comply with ammonia-nitrogen permit limits; PENALTY: $4,620; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: Hicks Oil & Butane Company; DOCKET NUMBER: 2004-0354-PST-E; IDENTIFIER: RN102974680; LOCATION: Harlingen, Cameron County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe a valid, current delivery certificate; PENALTY: $400; ENFORCEMENT COORDINATOR: Keith Fleming, (512) 239-0560; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(8) COMPANY: Kelsoe Tractor Company, Inc.; DOCKET NUMBER: 2004-0579-PST-E; IDENTIFIER: PST Facility Identification Number 7927, RN103052817; LOCATION: Pilot Point, Denton County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe a valid, current delivery certificate; PENALTY: $800; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(9) COMPANY: Kingsland Municipal Utility District; DOCKET NUMBER: 2003-0220-MWD- E; IDENTIFIER: TPDES Permit Number 11549-001; LOCATION: Kingsland, Llano County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11549-001, and the Code, §26.121(a), by exceeding permit limits for total residual chlorine, five-day biochemical oxygen demand (BOD ₅ ), total suspended solids, and dissolved oxygen; PENALTY: $4,070; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(10) COMPANY: City of Mart; DOCKET NUMBER: 2003-1437-PWS-E; IDENTIFIER: PWS Number 1550005; LOCATION: Mart, McLennan County, Texas; TYPE OF FACILITY: surface water treatment; RULE VIOLATED: 30 TAC §290.44(h), by failing to provide adequate back flow protection, 30 TAC §290.45(b)(2)(A) and (C), by failing to provide a raw water pump of 0.6 gallons per minute (gpm) and by failing to provide a transfer water pump capacity of 0.6 gpm per connection; 30 TAC §290.43(c) and (e), by failing to provide a proper ground storage tank roof and by failing to provide an intruder-resistant fence; 30 TAC §290.46(m) and (s)(2)(C)(ii), by failing to initiate maintenance and housekeeping practices and by failing to maintain a current and thorough plant operations manual; and 30 TAC §290.42(d)(5), by failing to provide a separate flow measuring device at the surface water treatment plant; PENALTY: $5,508; ENFORCEMENT COORDINATOR: Keith Fleming, (512) 239-0560; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(11) COMPANY: Morgan Trailer Manufacturing Company; DOCKET NUMBER: 2004-0278- AIR-E; IDENTIFIER: Air Account Number NB-0102-T, RN100741735; LOCATION: Corsicana, Navarro County, Texas; TYPE OF FACILITY: trailer manufacturing; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to renew Air Permit Number 20386 before it expired and continuing to operate the plant; PENALTY: $4,320; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: Motiva Enterprises LLC; DOCKET NUMBER: 2004-0164-PST-E; IDENTIFIER: RN102862455; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe a valid, current delivery certificate; PENALTY: $24,800; ENFORCEMENT COORDINATOR: Ed Moderow, (512) 239-2680; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: North American Trans Waste, Inc.; DOCKET NUMBER: 2003-1495-IHW- E; IDENTIFIER: Solid Waste Registration Number 85642; LOCATION: Brownsville, Cameron County, Texas; TYPE OF FACILITY: temporary storage of industrial and hazardous waste; RULE VIOLATED: 30 TAC §335.94(a)(1), (4), and (5) and 40 Code of Federal Regulations (CFR) §§262.51(a), 265.14(b)(2)(ii) and (c), 265.32, and 265.37(a)(1), (3), and (4), by failing to design a contingency plant, by failing to prevent the storage of hazardous waste for longer than ten days at an unpermitted storage facility, by failing to control entry, at all times, through the gates or other entrances, by failing to post signs in English and Spanish with the legend "Danger - Unauthorized Personnel Keep Out," by failing to equip the facility with a particular type of equipment sufficient to handle an emergency, by failing to make arrangements to familiarize police, fire departments, and emergency response teams with the layout of the entity, by failing to make agreements with state emergency response teams, contractors, and equipment suppliers, and by failing to familiarize local hospitals with the properies of the hazardous wastes handled; 30 TAC §335.6(e), by failing to notify the executive director of its operation as a transfer facility; 30 TAC §335.4, by failing to prevent the collection, handling, storage, processing, or disposal of industrial solid waste or municipal hazardous waste; 30 TAC §335.69(a)(3) and 40 CFR §262.34(a)(3), by failing to mark or label each container and tank containing hazardous waste; and 30 TAC §335.76(d)(1) and 40 CFR §262.60(b)(1), by failing to place the importer's United States Environmental Protection Agency identification number on the manifest; PENALTY: $11,340; ENFORCEMENT COORDINATOR: Mauricio Olaya, (915) 834-4949; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(14) COMPANY: PNI Distribution, Inc.; DOCKET NUMBER: 2003-1207-PST-E; IDENTIFIER: RN103081055; LOCATION: Garland and Dallas, 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 had a valid, current delivery certificate; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Catherine Sherman, (713) 767-3500; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: Parkview Metal Products, Inc.; DOCKET NUMBER: 2004-0143-AIR-E; IDENTIFIER: Air Account Number HK-0046-W, RN100211945; LOCATION: San Marcos, Hays County, Texas; TYPE OF FACILITY: metal stamping plant; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit the annual permit compliance certification; 30 TAC §122.145(2)(C) and THSC, §382.085(b), by failing to submit the deviation report; 30 TAC §116.115(c), Air New Source Review Permit Number 20090, and THSC, §382.085(b), by failing to submit inventory data; and 30 TAC §101.20(1), 40 CFR §63.468(h), and THSC, §382.085(b), by failing to submit a semiannual exceedence report; PENALTY: $6,500; ENFORCEMENT COORDINATOR: Jill Reed, (915) 570-1359; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(16) COMPANY: Polimeri Europa Americas, Inc.; DOCKET NUMBER: 2004-0551-AIR-E; IDENTIFIER: Air Account Number HG-3757-A, RN102325974; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: elastomer manufacturing; RULE VIOLATED: 30 TAC §101.359 and THSC, §382.085(b), by failing to submit Form ECT-1, Annual Compliance Report; PENALTY: $1,700; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(17) COMPANY: City of Richmond; DOCKET NUMBER: 2004-0177-PST-E; IDENTIFIER: PST Facility Identification Number 14112; LOCATION: Richmond, Fort Bend County, Texas; TYPE OF FACILITY: fueling station for local government vehicles; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(iii) and the Code, §26.346(a), by failing to submit a UST registration and self-certification form and by failing to make available to a common carrier a valid, current delivery certificate; and 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor the USTs for releases; PENALTY: $10,400; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(18) COMPANY: City of Slaton; DOCKET NUMBER: 2003-1267-MWD-E; IDENTIFIER: Water Quality Permit Number 10284-001; LOCATION: Slaton, Lubbock County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (5) and §319.11(c), Water Quality Permit Number 10284-001, and the Code, §26.121, by failing to meet permit limits for BOD ₅ , by failing to properly measure permitted flow, and by failing to prevent unauthorized discharges; PENALTY: $8,800; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(19) COMPANY: Ollie Sutton dba Sutton Septic Service; DOCKET NUMBER: 2004-0310- SLG-E; IDENTIFIER: Sludge Transporter Identification Number 21099, RN102798790; LOCATION: Abilene, Jones County, Texas; TYPE OF FACILITY: sludge transportation; RULE VIOLATED: 30 TAC §312.143 and the Code, §26.121(a)(1), by failing to properly dispose or deposit grease trap and septic tank waste; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Leila Pezeshki, (210) 490-3096; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(20) COMPANY: Therma Foam, Inc.; DOCKET NUMBER: 2004-0356-AIR-E; IDENTIFIER: Air Account Number TA-0374-V, RN102297348; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: expandable polystyrene molding; RULE VIOLATED: 30 TAC §116.110(a)(1) and THSC, §382.085(b), by failing to obtain a permit or satisfy the conditions of a permit by rule; PENALTY: $6,300; ENFORCEMENT COORDINATOR: Lori Thompson, (903) 535-5100; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118- 6951, (817) 588-5800.

(21) COMPANY: Cody Lewis dba Water Works 1 Floyd Acres; DOCKET NUMBER: 2003- 1329-PWS-E; IDENTIFIER: PWS Number 1500018, RN102685633; LOCATION: Buchanan Dam, Llano County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.110(c)(1)(b), by failing to provide a disinfection contact time tracer study or a theoretical analysis; 30 TAC §290.46(s)(2)(B) and (v), by failing to properly calibrate the water system's turbidimeter and use current turbidity standards and by failing to place electrical wiring in a securely mounted conduit; and 30 TAC §290.42(k), by failing to compile and make accessible a plant operations manual; PENALTY: $1,520; ENFORCEMENT COORDINATOR: Lori Thompson, (903) 535-5100; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

TRD-200403721

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 8, 2004

Notice is hereby given by the Texas Department of Health (department), Bureau of Radiation Control that it has amended Radioactive Material License Number L04971 issued to Waste Control Specialists, LLC (WCS) located in Andrews County, Texas, one mile North of State Highway 176; 250 feet East of the Texas/New Mexico State Line; 30 miles West of Andrews, Texas.

The issuance of amendment number 26 allows for a revised protocol that substitutes an alternative mixing container during an authorized In-Container Vitrification procedure, originally authorized in amendment number 21.

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

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

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

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

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

TRD-200403735

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 8, 2004

Notice is hereby given by the Texas Department of Health (department), Bureau of Radiation Control that it has amended Radioactive Material License Number L04971 issued to Waste Control Specialists, LLC (WCS) located in Andrews County, Texas, one mile North of State Highway 176; 250 feet East of the Texas/New Mexico State Line; 30 miles West of Andrews, Texas.

The issuance of amendment number 27 allows for an additional mixer/blender to be utilized during routine waste processing procedures.

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

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

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

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

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

TRD-200403736

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 8, 2004

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to East Texas Medical Center - Pittsburgh (registrant-M00171) of Pittsburgh. A total penalty of $24,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, Chapter 289.

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

TRD-200403725

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 8, 2004

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Healthsouth Diagnostic Centers of Texas, Limited Partnership, doing business as Healthsouth Diagnostic Center of Hurst (registrant-M00643) of Hurst. A total penalty of $8,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, Chapter 289.

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

TRD-200403732

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 8, 2004

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Heart Institute for C.A.R.E., P.A. (registrant-R04712) of Amarillo. A total penalty of $9,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, Chapter 289.

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

TRD-200403726

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 8, 2004

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Onys Burke Henley, doing business as Henley Enterprises (licensee-L05372) of Waco. A total penalty of $4,000 is proposed to be assessed the licensee for alleged violations of 25 Texas Administrative Code, Chapter 289.

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

TRD-200403734

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 8, 2004

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Providence Chiropractic Center, Inc., doing business as Addicks Chiropractic Center (registrant-R11061) of Houston. A total penalty of $10,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, Chapter 289.

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

TRD-200403729

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 8, 2004

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Terry O. Riley, R.T., doing business as Independent X-Ray (registrant-Unregistered) of Dallas. A total penalty of $8,000 is proposed to be assessed the individual for alleged violations of 25 Texas Administrative Code, Chapter 289.

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

TRD-200403731

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 8, 2004

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Texas NDT Company (licensee-L05089) of Pasadena. A total penalty of $4,000 is proposed to be assessed the licensee for alleged violations of 25 Texas Administrative Code, Chapter 289.

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

TRD-200403733

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 8, 2004

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Tomball Hospital Authority, doing business as Tomball Regional Hospital (registrant-M00451) of Tomball. A total penalty of $4,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, Chapter 289.

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

TRD-200403737

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 8, 2004

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to UT Physicians, doing business as University Care Plus (registrant-R26367) of Houston. A total penalty of $12,000 is proposed to be assessed the registrant for alleged violations of 25 Texas Administrative Code, Chapter 289.

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

TRD-200403730

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 8, 2004

The Texas Department of Health, having duly filed complaints pursuant to 25 Texas Administrative Code, §289.205, has revoked the following certificates of registration: Leonard S. Tibbetts, D.D.S., M.S.D., Arlington, R11029, May 20, 2004; Bridgeport Clinic, Bridgeport, R20261, May 20, 2004; Triptesh Chaudhury, M.D., Pasadena, R23219, May 20, 2004; McAllen Heart Hospital, McAllen, Z01377, May 20, 2004.

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

TRD-200403728

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 8, 2004

The Texas Department of Health, having duly filed complaints pursuant to 25 Texas Administrative Code, §289.205, has revoked the following radioactive material license: The Midland Clinic, PLLC, Midland, L05239, May 20, 2004.

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

TRD-200403727

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 8, 2004

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

Application for admission to Texas of NPD Dental Services, Inc., a foreign third party administrator. The home office is Wilmington, Delaware.

Any objections must be filed within 20 days after this notice is published in the Texas Register , addressed to the attention of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.

TRD-200403767

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: June 9, 2004

On June 1, 2004, Sure-Tel, 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 60180. Applicant intends to reflect the termination of the approved, but unconsummated transaction between Metro Teleconnect Companies, Inc., and Sure-Tel, Inc.

The Application: Application of Sure-Tel, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 29681.

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 June 23, 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 29681.

TRD-200403697

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 4, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on June 8, 2004, for a certificate of convenience and necessity for a proposed transmission line in San Jacinto County, Texas.

Docket Style and Number: Application of Sam Houston Electric Cooperative, Incorporated for a Certificate of Convenience and Necessity (CCN) for a Proposed Transmission Line in San Jacinto County, Texas. Docket Number 29705.

The Application: The project is designated the Staley - Point Blank 138 kV Transmission Line Project. The proposed transmission line will be located in northern San Jacinto Country partly within the city limits of Point Blank, Texas, to the east of Lake Livingston. The total estimated cost of this transmission project is $3,116,360. The total estimated cost of substation projects associated with this application is approximately $4,955,000. The estimated date of completion is June 2006.

Persons wishing to intervene or 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. The deadline for intervention in this proceeding is July 23, 2004. 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 29705.

TRD-200403766

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 9, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on June 4, 2004, for a certificate of convenience and necessity for a proposed transmission line in Wichita County, Texas

Docket Style and Number: Application of TXU Electric Delivery Company for a Certificate of Convenience and Necessity (CCN) for a Proposed Transmission Line in Wichita County, Texas. Docket Number 29768.

The Application: The proposed project is designated as the Pleasant Valley - Iowa Park Tap 69 kV Transmission Line Project. The amount of existing load that is connected in the Iowa Park/Pleasant Valley area and the expectation of continued annual load growth are the driving factors for this project. The estimated cost for the project is $2,857,000. The estimated completion date is December 2005.

Persons wishing to intervene or 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. The deadline for intervention in this proceeding is July 19, 2004. 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 29768.

TRD-200403718

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 7, 2004

Notice is given to the public of the filing on June 1, 2004, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214. The Applicant will file the LRIC study on or around June 12, 2004.

Docket Title and Number: Central Telephone Company of Texas, Inc., d/b/a Sprint Application for Approval of LRIC Study Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 29811.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 29811. Written comments or recommendations should be filed no later than forty-five (45) days after the date of a sufficient study and should be filed at 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 telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 29811.

TRD-200403698

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 4, 2004

Notice is given to the public of the filing on June 1, 2004, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214. The Applicant will file the LRIC study on or around June 12, 2004.

Docket Title and Number: United Telephone Company of Texas, Inc., d/b/a Sprint Application for Approval of LRIC Study Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 29812.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 29812. Written comments or recommendations should be filed no later than forty-five (45) days after the date of a sufficient study and should be filed at 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 telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 29812.

TRD-200403699

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 4, 2004

The staff of the Public Utility Commission of Texas (commission) will hold a workshop regarding modifying the definition of the term "access line," pursuant to Local Government Code §283.003, on August 10, 2004, from 1:00 p.m. to 4:00 p.m. in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Due to the fact that this workshop will be held in conjunction with the workshop for Project Number 29719, Municipal Authorized Review of Access Line Reporting , the starting time for this workshop may vary. If necessary, this workshop will be continued on August 11, 2004 at 9:30 a.m. Project Number 29347, Project to Address Modification of the Definition of "Access Line" Pursuant to Local Government Code §283.003 , was established for this proceeding on February 17, 2004 but was abated on March 29, 2004. At the time this project was abated, the workshop was cancelled and interested parties were asked to hold off on filing their comments until further notice. This project has now been unabated and a new deadline for filing comments to the original questions is July 19, 2004. The original questions are listed below. The commission requests that interested persons file comments to the following questions:

1. Since September 2002, have there been any changes in technology or facilities that would justify a modification to the categories of access lines as developed by the commission? If so, what are these changes? How frequently have they been deployed?

2. Since September 2002, have there been any changes in the competitive or market conditions that would justify a modification to the categories of access lines as developed by the commission? If so, what are these changes? How frequently have they been deployed?

3. Are there any other issues regarding the redefinition of "access line" pursuant to Local Government Code §283.003 that should be addressed by the commission?

Responses to the questions may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326 by July 19, 2004 . In addition to the printed copies, an electronic copy of all responses shall be submitted on diskette or by email to lizkayser@puc.state.tx.us. All responses should reference Project Number 29347. This notice is not a formal notice of proposed rulemaking; however, the parties' responses to the questions and comments at the workshop will assist the commission in developing a commission policy or determining the necessity for a related rulemaking.

Questions concerning the workshop or this notice should be referred to Liz Kayser, Policy Analyst, Telecommunications Division, (512) 936-7390, lizkayser@puc.state.tx.us. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. Parties are strongly encouraged to arrange for a court reporter.

TRD-200403776

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 9, 2004

The staff of the Public Utility Commission of Texas (commission) will hold a workshop regarding municipal authorized review of access line reporting on August 10, 2004, from 9:30 a.m. to 12:00 p.m. in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 29719, Rulemaking to Address Municipal Authorized Review of Access Line Reporting has been established for this proceeding. This rulemaking is pursuant to Texas Local Government Code, §283.056 (c)(3), which references a municipality's right "… to conduct an authorized review of the provider to ensure compliance with the access line reporting requirements of this chapter if commenced within 90 days after the filing of a certificated telecommunications provider's report of access lines."

Prior to the workshop, the commission staff requests that interested persons file comments to the proposed Strawman Rule and responses to the questions in Project Number 29719. These items will be available on June 18, 2004 and may be obtained from either the commission's Central Records or from the PUC web site. To access this information from the PUC web site, go to www.puc.state.tx.us/rules/rulemake/29719/29719.cfm. Responses to the questions may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326 by July 19, 2004 . In addition to the printed copies, an electronic copy of all responses shall be submitted on diskette or by email. The electronic copy should be submitted to lizkayser@puc.state.tx.us . All responses should reference Project Number 29719.

Questions concerning the workshop or this notice should be referred to Liz Kayser, Telecommunications Policy Analyst, Telecommunications Division, 512-936-7390 or liz.kayser@puc.state.tx.us. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. Parties are strongly encouraged to arrange for a court reporter.

TRD-200403777

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 9, 2004

An attorney with the Texas Water Development Board will conduct a public hearing beginning at 8:30 a.m., July 14, 2004, Room 1100, William Travis Building, 1701 North Congress Avenue, Austin, Texas 78701, on the proposed Fiscal Year 2005 Intended Use Plan for the Drinking Water State Revolving Fund (DWSRF).

The Intended Use Plan contains a combined list of projects for large and small communities, including projects for privately owned water systems and projects for entities which have qualified as disadvantaged communities. Projects are listed in priority order. The Intended Use Plan describes the sources and uses of funds for projects as well as for set-aside activities. The proposed Intended Use Plan has been prepared pursuant to rules for the DWSRF as adopted by the Texas Water Development Board in 31 T.A.C. Chapter 371.

Interested persons are encouraged to attend the hearing and to present relevant and material comments concerning the proposed Intended Use Plan. In addition, persons may participate in the hearing by mailing written comments before July 14, 2004 to Patricia Loving, Grant Administration to Contract Administration, Texas Water Development Board, P.O. Box 13231, Austin, Texas, 78711. Written comments will also be accepted for thirty (30) days following the July 14, 2004 hearing. Copies of the proposed 2005 Intended Use Plan will be available in Room 537-A of the Stephen F. Austin Building or may be obtained from the Grant Administration to Contract Administration, Texas Water Development Board, P.O. Box 13231, Austin, Texas, 78711.

The hearing is being conducted pursuant to 31 Texas Administrative Code, §371.11 and 40 Code of Federal Regulations Part 25.

TRD-200403779

Jonathan Steinberg

Deputy Counsel

Texas Water Development Board

Filed: June 9, 2004