Public Television Healthy Living Programming for Texas Children

Notice of Invitation: The Texas Cancer Council announces the availability of state funds to be awarded to support the goals of the Texas Cancer Plan . Funds will be awarded to the selected applicant that proposes a program to utilize public television children's programming to teach children and their caregivers about healthy living for cancer prevention.

The selected program will promote cancer prevention through activities and programming that may include physical fitness, sound nutrition, and/or sun safety by building on current public television programming for pre-adolescent children. It will extend existing healthy programming messages into community settings to educate parents, teachers, childcare providers and children. Program design may also include the development of educational messages to be aired between children's television programs.

Initial funding will be awarded from September 01, 2004, through August 31, 2005, with a maximum funding amount of $50,000.

Introduction: The Texas Cancer Council is the state agency dedicated to reducing the human and economic impact of cancer on Texans through the promotion and support of collaborative, innovative, and effective programs and policies for cancer prevention and control. The Council's initiatives are guided by the philosophy that a cooperative and unified effort by public, private, and volunteer sector agencies and individuals increases the ability of limited resources to serve more people and minimizes duplication of effort. All funded programs of the Texas Cancer Council support implementation of the Texas Cancer Plan .

Background:

Disease prevention through healthy living is a powerful tool in the fight against cancer. The National Cancer Institute reports that 65 percent of cancer deaths may be related to the behaviors of cigarette smoking, poor nutrition, and physical inactivity. Sun exposure and acute childhood sunburns increase lifelong risks for developing skin cancers, including melanoma. In America's Children: Key National Indicators of Well-Being, 2003 the Centers for Disease Control and Prevention (CDC) reported that the proportion of children ages 6 to18 who were overweight increased from 6 percent in 1976-1980 to 15 percent in 1999-2000. Black, non-Hispanic girls and Mexican-American boys were at particularly high risk of being overweight. Among Texas children, the Department of Agriculture reports that 35 percent are overweight or obese-higher than the national average.

Prevention programs designed specifically for children can help them develop healthy habits to reduce cancer risks throughout their lives. As a component of an overall community level campaign, television programming for children can contribute to healthy lifestyle choices (per the recent report of the Henry J. Kaiser Family Foundation). Acquiring lifelong healthy habits benefits today's children and tomorrow's, when the children of today become adults and model prevention behaviors for their own children.

Purpose: With this grant opportunity, the Texas Cancer Council seeks to promote healthy behaviors such as fitness, sound nutrition, sun safety) through children's television programming and ancillary resources for the purpose of primary cancer prevention in Texas.

Eligibility Requirements: To be considered for funding, an application must be submitted by an entity or individual that will serve as the fiscal agent and legal contractor for the project. The lead entity will be a public television station serving Texans.

Applicant Qualifications: The applicant will demonstrate the ability to:

* reach underserved, lower socio-economic status, or linguistic minority population groups,

* participate as a Texas PBS Ready to Learn public television station,

* share materials with other public television stations in the state,

* extend children's programming into community settings, and

* develop educational materials to be aired between children's television programs (if this is included as a proposed program element).

Letter of intent requirements:

Interested entities or individuals will submit a Letter of Intent identifying the lead contractor and concisely describing the program plan and proposed budget. Letters of Intent should not exceed six (6) pages total and must be submitted in a font size no smaller than 12 point. Letters of Intent may be sent electronically, faxed or mailed and must be received in Texas Cancer Council offices by 5:00 p.m. on May 3, 2004. Fax LOI's to 512-475-2563, e-mail to josmond@tcc.state.tx.us, or mail to PO Box 12097, Austin, Texas, 78711.

Semi-finalist selection and final application:

TCC staff will review all letters of intent and select semi-finalists based on the criteria outlined in this funding announcement. Semi-finalists will be notified by telephone of their selection on or about May 10, 2004 and will be mailed a letter of invitation to apply with instructions for obtaining an application.

Application requirements for selected applicants: An original application and five copies are due at the Council office by 5:00 p.m. on June 18, 2004. Applications must be submitted according to the Council's application instructions and utilizing TCC forms. Applications sent by facsimile machine or electronically will not be accepted. Application instructions provide information about disallowable expenses, reimbursement policies, legislative performance measures, and reporting requirements. Application materials and forms can be found in the back of the Texas Cancer Council 2004 Project Guide . A copy of the Project Guide and a copy of the Texas Cancer Plan can be obtained by calling (512) 463-3190. Copies may be obtained in person at 211 East 7th Street, Suite 710, Austin, TX or can be found on the web at www.tcc.state.tx.us.

Funding Awards: TCC staff will review applications for completeness and technical merit. The Council will make final funding decisions on or about August 13, 2004. Written notification of approval will be sent on or about August 17, 2004. All applicants will receive written notification of the Council's decisions regarding their applications by August 31, 2004.

The Council's funding decision will be based on:

* applicant's qualifications to successfully accomplish the program,

* reasonableness of budgeted amounts and appropriateness of budget justifications,

* evidence of a sound and effective program,

* completeness and clarity of the application, and

* the inclusion of an evidence-based plan to evaluate program effectiveness.

All Council projects are funded via a cost reimbursement basis. Reimbursement may be submitted monthly or quarterly, as preferred by the project.

It is anticipated that one project will be selected under this initiative to receive Council funding. Council funding is based on the merit of the application received and the availability of funding. Renewal funding may be available for additional years.

The Council has sole discretion and reserves the right to reject any or all applications received in response to this funding announcement. This announcement does not constitute a commitment by the Council to award a contract or to pay costs incurred in the preparation of an application.

Use of funds:

Council funds are intended to augment existing program funds. Funds may not be used for indirect costs, remodeling of buildings or reduction of deficits from pre-existing operations. Further, funds may not be used to supplant existing funds or services, or to duplicate existing resources or services.

Additional information:

For additional information about this funding announcement, contact Jane Osmond, Program Manager, Texas Cancer Council, P.O. Box 12097, Austin, Texas 78711, (512) 463-3190, ext. 107 or via email at josmond@tcc.state.tx.us

TRD-200402011

Mickey L. Jacobs, M.S.H.P.

Executive Director

Texas Cancer Council

Filed: March 17, 2004

Notice is given that the following applications have been filed with the Credit Union Department and are under consideration:

An application for a name change was received from PIA of Texas Credit Union, Dallas, Texas. The credit union is proposing to change its name to PIA MidAmerica Credit Union.

An application for a name change was received from First Educators Credit Union, Houston, Texas. The credit union is proposing to change its name to Smart Financial Credit Union.

An application for a name change was received from Houston Energy Credit Union, Houston, Texas. The credit union is proposing to change its name to First Service Credit Union.

An application for a name change was received from Vought Heritage Community Credit Union, Grand Prairie, Texas. The credit union is proposing to change its name to Texas Trust Credit Union.

An application was filed by First Educators Credit Union, Houston, Texas, to amend its Articles of Incorporation relating to indemnification of an employee or director, who acts in good faith while serving in their official capacity, from personal liability.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200401997

Harold E. Feeney

Commissioner

Credit Union Department

Filed: March 17, 2004

Notice is given that the following applications have been filed with the Credit Union Department and are under consideration:

An application was received from West Texas Educators Credit Union, Odessa, Texas to expand its field of membership. The proposal would permit students of The University of Texas of the Permian Basin located in Odessa, Texas, to be eligible for membership in the credit union.

An application was received from North East Texas Credit Union, Lone Star, Texas to expand its field of membership. The proposal would permit persons who reside, work, worship, or attend school in Upshur County, Texas, to be eligible for membership in the credit union.

An application was received from Doches Credit Union, Nacogdoches, Texas (#1) to expand its field of membership. The proposal would permit persons who reside, work, attend school, or worship in Shelby County, Texas, to be eligible for membership in the credit union.

An application was received from Doches Credit Union, Nacogdoches, Texas (#2) to expand its field of membership. The proposal would permit persons who reside, work, attend school, or worship in San Augustine County, Texas, to be eligible for membership in the credit union.

An application was received from First Educators Credit Union, Houston, Texas (#1) to expand its field of membership. The proposal would permit persons who live, work, or attend school in and businesses in Harris, Montgomery, Waller, Fort Bend, and Brazoria Counties, Texas, to be eligible for membership in the credit union.

An application was received from First Educators Credit Union, Houston, Texas (#2) to expand its field of membership. The proposal would remove exclusionary language relating to persons who reside or work in the following communities: Spring, Klein, Humble, Conroe and New Caney, which currently protects the field of membership of certain credit unions in these communities.

An application was received from First Educators Credit Union, Houston, Texas (#3) to expand its field of membership. The proposal would remove exclusionary language relating to persons who reside or work in the community of West University Place, Harris County, Texas, which currently protects the field of membership of certain occupational or associational based credit unions that have an office in Harris County, Texas.

An application was received from First Educators Credit Union, Houston, Texas (#4) to expand its field of membership. The proposal would remove exclusionary language relating to students attending institutions of higher education in Harris and Montgomery Counties, which would permit the students of UT Healthcare System, Baylor College of Medicine, and San Jacinto College to be eligible for membership in the credit union.

An application was received from First Educators Credit Union, Houston, Texas (#5) to expand its field of membership. The proposal would remove exclusionary language relating to the students of the Houston Community College System, which currently protects the field of membership of certain occupational or associational based credit unions that have an office in Harris County, Texas.

An application was received from EDS Credit Union, Plano, Texas to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school within a ten mile radius of the following credit union locations: 5640 Democracy Drive, Plano, TX 75024; 750 Tower Drive, Troy, MI 48007; 1075 W. Entrance Drive, Auburn Hills, MI 48326; 13600 EDS Drive, Herndon, VA 20171; 225 Grandview Avenue, Camp Hill, PA 17011, to be eligible for membership in the credit union.

An application was received from Graphic Arts Credit Union, Houston, Texas to expand its field of membership. The proposal would permit members of the American Book Cooperative which meets in Houston, TX, to be eligible for membership in the credit union.

An application was received from TCC Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit employees and members of Roman Catholic churches or affiliated organizations living or working within a 10-mile radius of the TCC Credit Union office located at 800 Heardon Lane, Austin, Texas, to be eligible for membership in the credit union.

An application was received from Texas Health Credit Union, Austin, Texas (#1) to expand its field of membership. The proposal would permit employees of the Department of State Health Services who are paid by the State of Texas, to be eligible for membership in the credit union.

An application was received from Texas Health Credit Union, Austin, Texas (#2) to expand its field of membership. The proposal would permit employees of the Department of Assistive & Rehabilitative Services who are paid by the State of Texas, to be eligible for membership in the credit union.

An application was received from Corpus Christi City Employees Credit Union, Corpus Christi, Texas to expand its field of membership. The proposal would permit persons who live, work, or attend school in and businesses in Nueces County, Texas, to be eligible for membership in the credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.tcud.state.tx.us/applications.html. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200401998

Harold E. Feeney

Commissioner

Credit Union Department

Filed: March 17, 2004

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

Application(s) to Expand Field of Membership- Approved

Dallas County Credit Union, Dallas, Texas- See Texas Register issue dated October 31, 2003.

Neighborhood Credit Union, Dallas, Texas- See Texas Register issue dated October 31, 2003.

Application(s) to Amend Articles of Incorporation- Approved

Dallas Treasury Credit Union, Dallas, Texas- See Texas Register issue dated January 30, 2004.

TRD-200402000

Harold E. Feeney

Commissioner

Credit Union Department

Filed: March 17, 2004

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications for grants under the Texas Reading First Initiative Cycle 2 for Grades K-3 under Request for Applications (RFA) #701-04-016 from eligible school districts and campuses, including open-enrollment charter schools, that meet the Texas Reading First criteria or from a shared services arrangement of local educational agencies (LEAs) in which each member district and school meets the Texas Reading First criteria. Education service centers are not eligible to apply as fiscal agents. In order to be eligible to submit an application, an applicant must meet the following eligibility criteria: (1) the LEA must have an aggregate student failure rate on the first administration of the Grade 3 reading portion of the 2003 Texas Assessment of Knowledge and Skills (TAKS) equal to or greater than the state average failure rate of 11%; and (2) the LEA must have jurisdiction over at least one of the following: (a) a geographic area that includes an area designated as an empowerment zone or enterprise community under the Internal Revenue Code (26 USC), Chapter 1, Subchapter U, Part I; (b) schools that are identified for school improvement under section 1116(b); or (c) at least 15% of its student population or greater than 6,500 students counted for allocations under ESEA, Title I, Part A, in comparison to other LEAs in the state.

Description. The purpose of the Texas Reading First Initiative Cycle 2 is to ensure that all children in Texas can read at or above grade level by the end of the third grade. Through Texas Reading First, Texas school districts and charter schools selected for funding will focus on the most rigorous scientific research available and apply this research, and the proven instructional and assessment tools consistent with the research, to teach all children to read. The program will provide professional development and direct technical assistance to schools implementing scientifically research-based, comprehensive core reading programs. Assistance will also be provided in selecting and implementing effective instructional materials, programs, learning systems, and strategies that have been proven to teach reading. Texas Reading First will also provide assistance for the selection and administration of screening, diagnostic, progress monitoring, and outcome assessments with proven validity and reliability to measure students' reading levels and monitor their academic progress in reading. Taken together, the complementary assessments, research- based programs, practices, and tools required by Texas Reading First will give teachers the skills and support they need to teach all children to read fluently by the end of third grade. An annual review of student progress in reading will be conducted in participating LEAs to determine if instructional adjustments need to be made and/or if subgrant funding will be continued.

Dates of Project. The Texas Reading First Initiative will be implemented during the 2004-2005 school year. Applicants should plan for a starting date of no earlier than August 16, 2004, and an ending date of no later than August 31, 2005.

Project Amount. Approximately $79,123,791 will be available for funding. As Reading First guidance stipulates, each funded project "will receive at least the same percentage of the State's total Reading First subgrant funds as the LEA received of the total Title I, Part A funds received by all LEAs in the State for the preceding fiscal year." Through this funding model and a minimum award of $170,000 for each funded LEA, TEA will ensure that all LEAs have sufficient funding to successfully implement all activities in their Texas Reading First plans. LEAs may use this formula to determine the minimum grant awards they are eligible to receive. The amount of funding awarded to an LEA will also be directly related to the number of students, Grades K-3, who are reading below grade level. This project is funded 100% from Reading First federal funds.

Selection Criteria. Applications will be selected based on the expert review panel's assessment of each applicant's ability to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objective(s) and intent of the project. Applications must address each requirement, as specified in the RFA, to be considered for funding. 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 #701-04-016 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 for viewing and downloading.

Further Information. For clarifying information about the RFA, contact Jana Bland, Division of Curriculum, Texas Education Agency, (512) 463-9027.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Thursday, May 13, 2004, to be considered for funding.

TRD-200402001

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: March 17, 2004

The Texas Commission on Environmental Quality (TCEQ or commission) is required under the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361 (the Act) to identify, to the extent feasible, and evaluate facilities which may constitute an imminent and substantial endangerment to public health and safety or to the environment due to a release or threatened release of hazardous substances into the environment. The first registry identifying these sites was published in the Texas Register on January 16, 1987 (12 TexReg 205). In accordance with the Act, §361.181, the commission must update the state Superfund registry annually to add new facilities in accordance with the Act, §361.184(a) and §361.188(a)(1) (see also 30 TAC §335.343) or to delete facilities in accordance with the Act, §361.189 (see also 30 TAC §335.344). The current notice also includes facilities where state Superfund action has ended, or where cleanup is being adequately addressed by other means.

In accordance with the Act, §361.188, the state Superfund registry identifying those facilities that are listed and have been determined to pose an imminent and substantial endangerment in descending order of hazard ranking system scores are as follows.

1. Col-Tex Refinery. Located on both sides of Business Interstate 20 (U.S. 80) in Colorado City, Mitchell County: tank farm and refinery.

2. Precision Machine and Supply. Located at 500 West Olive Street, Odessa, Ector County: chrome plating and machine shop.

3. Sonics International, Inc. Located north of Farm Road 101, approximately two miles west of Ranger, Eastland County: industrial waste injection wells.

4. Maintech International. Located at 8300 Old Ferry Road, Port Arthur, Jefferson County: chemical cleaning and equipment hydroblasting.

5. Federated Metals. Located at 9200 Market Street, Houston, Harris County: magnesium dross/sludge disposal, inactive landfill.

6. Texas American Oil. Located approximately three miles north of Midlothian on Old State Highway 67, Ellis County: waste oil recycling.

7. Niagara Chemical. Located west of the intersection of Commerce Street and Adams Avenue, Harlingen, Cameron County: pesticide formulation.

8. International Creosoting. Located at 1110 Pine Street, Beaumont, Jefferson County: wood treatment.

9. McBay Oil & Gas. Located approximately three miles northwest of Grapeland on Farm Road 1272, Houston County: oil refinery and oil reclamation plant.

10. Materials Recovery Enterprises. Located about four miles southwest of Ovalo, near U.S. 83 and Farm Road 604, Taylor County: Class I industrial waste management.

11. Toups. Located on the west side of Texas 326, 2.1 miles north of its intersection with Texas 105, in Sour Lake, Hardin County: fencepost treating facility and municipal waste.

12. Harris Sand Pits. Located at 23340 South Texas 16, approximately 10.5 miles south of San Antonio at Von Ormy, Bexar County: commercial sand and clay pit.

13. JCS Company. Located north of Phalba on County Road 2415, approximately 1.5 miles west of the intersection of County Road 2403 and Texas 198, Van Zandt County: lead-acid battery recycling.

14. Jerrell B. Thompson Battery. Located north of Phalba on County Road 2410, approximately one mile north of the intersection of County Road 2410 and Texas 198, Van Zandt County: lead-acid battery recycling.

15. Hayes-Sammons Warehouse. Located at Miller Avenue and East Eighth Street, Mission, Hidalgo County: commercial grade pesticide storage.

16. Jensen Drive Scrap. Located at 3603 Jensen Drive, Houston, Harris County: scrap salvage.

17. Baldwin Waste Oil Company. Located on County Road 44 approximately 0.1 mile west of its intersection with Farm Road 1889, Robstown, Nueces County: waste oil processing.

18. Hall Street. Located north of the intersection of 20th Street East and California Street, north of the Dickinson city limits, Galveston County: waste disposal and landfill/open field dumping.

19. Unnamed Plating. Located at 6816 - 6824 Industrial Avenue, El Paso, El Paso County: metals processing and recovery.

20. Tricon America, Inc. Located at 101 East Hampton Road, Crowley, Tarrant County: aluminum and zinc smelting and casting.

In accordance with the Act, §361.181, those facilities that may pose an imminent and substantial endangerment, and which have been proposed to the state Superfund registry, are set out in descending order of hazard ranking system scores as follows.

1. Kingsland. Located in the vicinity of the 2100 block of Farm to Market Road 1431 and in the vicinity of the 2400 block of Farm to Market Road 1431, in the community of Kingsland, Llano County: two groundwater plumes.

2. First Quality Cylinders. Located at 931 West Laurel Street, San Antonio, Bexar County: aircraft cylinder rebuilder.

3. J. C. Pennco Waste Oil Service. Located at 4927 Higdon Road, San Antonio, Bexar County: waste oil and used drum recycling.

4. ArChem Thames/Chelsea. Located at 13013 Conklin Lane, Houston, Harris County: chemical manufacturing and recycling.

5. Hicks Field Sewer Corp. Located approximately 2.5 miles northwest of Saginaw, southwest of Big Fossil Creek and approximately 1.8 miles west of the intersection of U.S. Highway 81-287 and Farm to Market Road 156, Tarrant County: former sewage treatment facility.

6. Industrial Road/Industrial Metals. Located at 3000 Agnes Street, Corpus Christi, Nueces County: lead acid battery recycling and copper coil salvage.

7. Poly-Cycle Industries, Inc., Tecula. Located northeast of Tecula on the southeast corner of the intersection of Farm to Market Road 2064 and County Road 4216, Cherokee County: lead acid battery recycling.

8. Crim-Hammett. Located at 801 Highway 64, Henderson, Rusk County: open pit dumping, buried waste.

9. Phipps Plating. Located at 305 East Grayson Street, San Antonio, Bexar County: metal plating.

10. James Barr Facility. Located in the 3300 block of Industrial Road, Pearland, Brazoria County: vacuum truck waste storage facility.

11. Pioneer Oil and Refining Company. Located at 20280 South Payne Road, outside of Somerset, Bexar County: oil refinery.

12. Voda Petroleum Inc. Located at 211 Duncan Street, Clarksville City, Gregg County: waste oil recycling facility.

13. Force Road Oil and Vacuum Truck Company. Located at 1722 County Road 573 (Alloy Road), approximately 1,300 feet east of the Brazoria-Fort Bend County Line, Brazoria County: oily wastewater disposal and oil recovery facility.

14. Marshall Wood Preserving. Located at 2700 West Houston Street, Marshall, Harrison County: wood treatment.

15. Harvey Industries, Inc. Located at the southeast corner of Farm Road 2495 and Texas 31 (One Curtis Mathes Drive), Athens, Henderson County: television cabinets and circuit board manufacturing.

16. Hu-Mar Chemicals. Located north of McGothlin Road, between the old Southern Pacific Railroad tracks and 12th Street, Palacios, Matagorda County: pesticide and herbicide formulation.

17. American Zinc. Located approximately 3.5 miles north of Dumas on U.S. 287 and five miles east on Farm Road 119, Moore County: zinc smelter.

18. El Paso Plating Works. Located at 2422 Wyoming Avenue, El Paso, El Paso County: metal plating.

19. Spector Salvage Yard. Located at Jackson Avenue and Tenth Street, Orange, Orange County: military surplus and chemical salvage yard.

20. State Highway 123 PCE Plume. Located near the intersection of State Highway 123 and Interstate Highway 35 (IH-35) in San Marcos, Hays County: contaminated groundwater plume.

21. Tucker Oil Refinery/Clinton Manges Oil & Refining Company. Located on the east side of U.S. Highway 79 in the rural community of Tucker, Anderson County: oil refinery.

22. Rogers Delinted Cottonseed Co. Located at the intersection of State Highway 380 and Farm to Market Road 547, approximately one mile east of Farmersville, Collin County: former cottonseed delinting processing facility.

23. McNabb Flying Service. Located 1.5 miles northwest of Alvin, approximately one mile east of State Highway 6, at the intersection of Brazoria County roads 146 and 539, Brazoria County: aerial pesticide applicator.

24. Poly-Cycle Industries, Jacksonville. Located at 2505 South Jackson Street, Jacksonville, Cherokee County: lead acid battery chips recycler and lead recovery.

Since the last Texas Register publication on September 19, 2003 (28 TexReg 8175), TCEQ has determined that four facilities, Aztec Ceramics, Bexar County; Kingsbury Metals Finishing, Guadalupe County; Lyon Property, Kimble County; and Melton Kelly Property, Navarro County, no longer pose an imminent and substantial endangerment to public health and safety or the environment and in accordance with the Act, §361.189 and 30 TAC §335.344, have been deleted. Also, TCEQ has determined that two facilities, Industrial Road/Industrial Metals, Nueces County; and Poly-Cycle Industries, Inc., Jacksonville, Cherokee County, may pose an imminent and substantial endangerment to public health and safety or the environment, and in accordance with the Act, §361.184(a) and 30 TAC §335.343, have been added to the list of sites proposed to the state Superfund registry. One site, Materials Recovery Enterprises, Taylor County, has been determined to pose an imminent and substantial endangerment to public health and safety or the environment and in accordance with the Act, §361.188, was moved from the proposed to the listed category of the state Superfund registry.

To date, 35 sites Avinger Development Co., Cass County; Aztec Ceramics, Bexar County; Aztec Mercury, Brazoria County; Barlow's Wills Point Plating, Van Zandt County; Bestplate, Inc., Dallas County; Butler Ranch, Karnes County; Double R Plating Company, Cass County; Gulf Metals Industries, Harris County; Hagerson Road Drum, Fort Bend County; Harkey Road, Brazoria County; Hart Creosoting, Jasper County; Hi-Yield, Hunt County; Higgins Wood Preserving, Angelina County; Houston Lead, Harris County; Houston Scrap, Harris County; Kingsbury Metal Finishing, Guadalupe County; LaPata Oil Company, Harris County; Lyon Property, Kimble County; Melton Kelly Property, Navarro County; Munoz Borrow Pits, Hidalgo County; Newton Wood Preserving, Newton County; Old Lufkin Creosoting, Angelina County; Permian Chemical, Ector County; PIP Minerals, Liberty County; Poly-Cycle Industries, Ellis County; Rio Grande Refinery I, Hardin County; Rio Grande Refinery II, Hardin County; Sampson Horrice, Dallas County; Solvent Recovery Services, Fort Bend County; South Texas Solvents, Nueces County; State Marine, Jefferson County; Stoller Chemical Company, Hale County; Thompson Hayward Chemical, Knox County; Waste Oil Tank Services, Harris County; and Wortham Lead Salvage, Henderson County have been deleted from the state Superfund registry in accordance with the Act, §361.189 (see also 30 TAC §335.344).

The public records for each of the sites are available for inspection and copying during regular TCEQ business hours at the TCEQ Records Management Center, Building E, North Entrance, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Copying of file information is subject to payment of a fee.

TRD-200401873

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 12, 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 April 26, 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 April 26, 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: AA & MM International, Inc. dba Amburn Food Mart; DOCKET NUMBER: 2003-1386-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 39050; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(2)(C) and the Code, §26.3475(d), by failing to inspect the cathodic protection system rectifier once every 60 days for impressed current systems; 30 TAC §334.49(c)(4)(C), by failing to have the cathodic protection system tested by a qualified corrosion specialist or corrosion technician within three to six months after installation; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for the underground storage tank (UST) system at a retail service station; 30 TAC §334.50(b)(1)(A), §334.50(d)(1)(B)(ii), and the Code, §26.3475(c)(1), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to have each pressurized line tested or monitored for releases; and 30 TAC §334.50(b)(2)(A)(i)(III), by failing to test a line leak detector at least once per year for performance and operational reliability; PENALTY: $10,800; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Acme Brick Company; DOCKET NUMBER: 2003-1492-AIR-E; IDENTIFIER: Air Account Number PC0001E; LOCATION: Millsap, Parker County, Texas; TYPE OF FACILITY: brick manufacturing; RULE VIOLATED: 30 TAC §116.115(b)(2)(F), Permit Number 25937, and THSC, §382.085(b), by failing to comply with maximum allowable emission rate limits; PENALTY: $3,640; ENFORCEMENT COORDINATOR: Pam Campbell, (512) 239- 4493; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Mahraj Corporation dba Arapaho Texaco; DOCKET NUMBER: 2003-0802- PST-E; IDENTIFIER: PST Facility Identification Number 13431; LOCATION: Richardson, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,625; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: Salemohmed Sajjad Ali dba Austin Food Store; DOCKET NUMBER: 2003- 0990-PST-E; IDENTIFIER: PST Facility Identification Number 36527; LOCATION: Austin, Williamson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,900; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239- 0667; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(5) COMPANY: Brownfield Independent School District; DOCKET NUMBER: 2003-1526- MSW-E; IDENTIFIER: Regulated Entity Identification Number RN104062708; LOCATION: Meadow, Terry County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) site; RULE VIOLATED: 30 TAC §330.4(a) and (b), by failing to prevent the disposal of MSW at an unauthorized site; PENALTY: $520; ENFORCEMENT COORDINATOR: Rick Ciampi, (512) 239-3119; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(6) COMPANY: Chemical Specialties, Inc. dba Mineral Research & Development; DOCKET NUMBER: 2003-0948-IWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 01878; LOCATION: Freeport, Brazoria County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 01878, and the Code, §26.121(a)(1), by failing to comply with permitted limits for total zinc daily maximum concentrations in September and December 2002; PENALTY: $8,480; ENFORCEMENT COORDINATOR: Merrilee Gerberding, (512) 239-4490; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: Cook Children's Hospital; DOCKET NUMBER: 2003-1515-PST-E; IDENTIFIER: PST Facility Identification Number 73740, Regulated Entity Reference Number RN103077483; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: medical center; RULE VIOLATED: 30 TAC §334.8(c)(5)(B)(ii), by failing to renew a delivery certificate in a timely and proper manner; 30 TAC 334.10(b)(1)(C)(ii), by failing to have required UST records readily accessible and available for inspection upon request; and 30 TAC §334.22(a) and §334.128(a), by failing to pay annual PST facility fees for Fiscal Year 2003; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: Cooks Point Water Supply Corporation; DOCKET NUMBER: 2003-1311- MLM-E; IDENTIFIER: Public Water Supply Number 0260028; LOCATION: near Caldwell, Burleson County, Texas; TYPE OF FACILITY: retail public water supply; RULE VIOLATED: 30 TAC §288.30(3)(B), by failing to submit a drought contingency plan; 30 TAC §290.44(d)(4), by failing to provide accurate metering devices at each service connection to provide water usage data; 30 TAC §290.45(b)(1)(B)(iii) and THSC, §341.0315(c), by failing to provide 2.0 gallons per minute per connection service pump capacity; 30 TAC §290.45(b)(1)(B)(ii), by failing to provide a minimum of 200 gallons per connection ground storage capacity; and 30 TAC §290.46(f)(3)(D), by failing to maintain records of operations; PENALTY: $1,093; ENFORCEMENT COORDINATOR: Subhash Jain, (512) 239-5867; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(9) COMPANY: Crockett Farm & Fuel Center, Inc.; DOCKET NUMBER: 2003-0807-PST-E; IDENTIFIER: PST Facility Identification Number 704; LOCATION: Crockett, Houston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(10) COMPANY: Duran Holdings, Ltd.; DOCKET NUMBER: 2004-0037-PST-E; IDENTIFIER: Regulated Entity Number RN103174736; LOCATION: Florence, Williamson County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe a valid, current delivery certificate prior to depositing any regulated substance into a UST; PENALTY: $400; ENFORCEMENT COORDINATOR: Michelle Harris, (512) 239-0492; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339- 2929.

(11) COMPANY: El Paso County Water Control and Improvement District Number 4; DOCKET NUMBER: 2003-1419-MWD-E; IDENTIFIER: TPDES Permit Number 10166-001, Regulated Entity Number RN101608164; LOCATION: Fabens, El Paso County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10166-001, and the Code, §26.121(a), by failing to comply with final effluent limitations and monitoring requirements; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901- 1206, (915) 834-4949.

(12) COMPANY: Juan Escalona dba Escalona Trucking; DOCKET NUMBER: 2003-0487- MSW-E; IDENTIFIER: TCEQ Identification Number HAW006, Regulated Entity Number RN102742541; LOCATION: Mission, Hidalgo County, Texas; TYPE OF FACILITY: dump truck service; RULE VIOLATED: 30 TAC §330.5(a) and §330.32, by failing to prevent the transporting and disposal of municipal solid waste at an unauthorized disposal site; PENALTY: $520; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas, 78550-5247, (956) 425-6010.

(13) COMPANY: James Rickey Fortner, Jr.; DOCKET NUMBER: 2004-0020-OSI-E; IDENTIFIER: On Site Sewage Facility (OSSF) Installer License Number OS0008220, Regulated Entity Number RN104025283; LOCATION: Fate, Rockwall County, Texas; TYPE OF FACILITY: on-site sewage facility installation; RULE VIOLATED: 30 TAC §285.61(4), §285.3(b)(1), and THSC, §366.051(c), by failing to obtain proof of an authorization to construct before installing an OSSF at 202 Grant and at 109 Weston Drive in Fate, Rockwall County; PENALTY: $400; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: Freeman Decorating Services, Inc.; DOCKET NUMBER: 2003-1401-AIR-E; IDENTIFIER: Air Account Number DB-1520-J, Air Permit Number 20879; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: manufacturing facility with a paint booth; RULE VIOLATED: 30 TAC §116.110(a), by operating without a permit.; PENALTY: $6,720; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: Kwang Soon Lee dba Kim One Stop Shop; DOCKET NUMBER: 2003-0977- PST-E; IDENTIFIER: PST Facility Identification Number 35937; LOCATION: Trinity, Trinity County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $800; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767- 3500; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(16) COMPANY: Linde Gas, Inc.; DOCKET NUMBER: 2003-1358-AIR-E; IDENTIFIER: Air Account Number HX-2334-A, Regulated Entity Identification Number RN100217207; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: synthesis gas production; RULE VIOLATED: 30 TAC §101.359 and THSC, §382.085(b), by failing to submit Form ECT-1, Annual Compliance Report, in a timely manner; PENALTY: $1,620; ENFORCEMENT COORDINATOR: Brandon Smith, (512) 239-4471; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(17) COMPANY: Lyondell-Citgo Refining L.P.; DOCKET NUMBER: 2003-1418-AIR-E; IDENTIFIER: Air Account Number HG-0048-L, Regulated Entity Identification Number RN100218130; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.715(a), Permit Number 2167, and THSC, §382.085(b), by failing to prevent an unauthorized release of SO2, H2S, and SO3 from the sulphur recovery complex; PENALTY: $8,200; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(18) COMPANY: Jimmie Wayne Massey dba Oak Hollow Plant; DOCKET NUMBER: 2003- 1352-MWD-E; IDENTIFIER: TPDES Permit Number 11768-001; LOCATION: Van Vleck, Matagorda County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11768-001, and the Code, §26.121(a), by failing to comply with the permitted limits at Outfall 001A for total suspended solids (TSS), dissolved oxygen, and pH; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Christina McLaughlin, (512) 239- 6589; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.

(19) COMPANY: Me Tech, Inc.; DOCKET NUMBER: 2003-0905-PST-E; IDENTIFIER: PST Facility Identification Number 17652, Regulated Entity Identification Number RN101442986; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Bill Davis, (512) 239-6793; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703- 1892, (409) 898-3838.

(20) COMPANY: Michal K. Williams; DOCKET NUMBER: 2004-0001-LII-E; IDENTIFIER: Licensed Irrigation Installer Number 3392 (Expired), Regulated Entity Number RN103532123; LOCATION: Frankston, Anderson County; Tool, Henderson County; and Chandler, Henderson County, Texas; TYPE OF FACILITY: irrigation installation; RULE VIOLATED: 30 TAC §344.4 and the Code, §34.007(a), by failing to obtain an irrigator license prior to installing irrigation systems; and 30 TAC §30.5(b), by failing to obtain an irrigator license prior to advertising irrigation services to the public; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Carl Schnitz, (512) 239-1892; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(21) COMPANY: Owens Corning; DOCKET NUMBER: 2003-1400-AIR-E; IDENTIFIER: Air Account Number RB-0010-D, Regulated Entity Number RN100222140; LOCATION: Amarillo, Randall County, Texas; TYPE OF FACILITY: fiberglass manufacturing; RULE VIOLATED: 30 TAC §122.145(2), §122.165, and THSC, §382.085(b), by failing to submit Form OP- CR01, Certification by Responsible Official for the Federal Operating Permit Program, and the corresponding deviation report for the annual compliance period of October 1, 2001 - October 1, 2002; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(22) COMPANY: PM Fuel Service, Inc.; DOCKET NUMBER: 2003-1590-PST-E; IDENTIFIER: PST Facility Identification Number 0044975, Regulated Entity Number RN102868551; LOCATION: Plano, Collin County, Texas; TYPE OF FACILITY: fuel distribution; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator of the regulated UST systems had a valid, current delivery certificate before depositing any regulated substance into the UST systems; PENALTY: $720; ENFORCEMENT COORDINATOR: Jill Reed, (915) 570-1359; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(23) COMPANY: Protherm Services Group, LLC; DOCKET NUMBER: 2003-1439-IWD-E; IDENTIFIER: Water Quality (WQ) Permit Number 0003974-000 (Expired); LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: sand blasting and painting; RULE VIOLATED: the Code, §26.121(a)(1), by failing to discharge wastewater with a valid permit; PENALTY: $2,944; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(24) COMPANY: Stericycle, Inc.; DOCKET NUMBER: 2003-1462-AIR-E; IDENTIFIER: Air Account Number KB-0006-V, Regulated Entity Reference Number RN100653161; LOCATION: Terrell, Kaufman County, Texas; TYPE OF FACILITY: commercial medical waste incinerator; RULE VIOLATED: 30 TAC §122.145(2), §122.146(1) and (2), and THSC, §382.085(b), by failing to submit a complete annual Title V Permit Compliance Certification and its corresponding deviation report for the period of October 26, 2001 - October 26, 2002 for Permit Number O-02167; PENALTY: $720; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239- 1670; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(25) COMPANY: TEMA Oil and Gas Company; DOCKET NUMBER: 2003-1521-AIR-E; IDENTIFIER: Air Account Number GB-0540-F, Regulated Entity Identification Numbers RN102577111 and RN103711735; LOCATION: near Splendora, Liberty County, Texas; TYPE OF FACILITY: natural gas compressor stations; RULE VIOLATED: 30 TAC §101.359 and THSC, §382.085(b), by failing to submit Form ECT-1, Annual Compliance Report, for the Southeast Hastings and South Cleveland Field compressor stations; PENALTY: $4,750; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 403-4012; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(26) COMPANY: Texan Markets, Inc.; DOCKET NUMBER: 2004-0022-PST-E; IDENTIFIER: PST Facility Identification Number 69820, Regulated Entity Reference Number RN102019080; LOCATION: Austin, Travis County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a TCEQ delivery certificate prior to the expiration date; 30 TAC §334.8(c)(5)(A)(i), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before delivery of a regulated substance into the USTs, for 15 fuel deliveries between April 1, 2003 and May 16, 2003; and 30 TAC §334.10(b), by failing to keep and make available records for inspection; PENALTY: $4,080; ENFORCEMENT COORDINATOR: Lori Thompson, (903) 535-5100; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(27) COMPANY: Texas Parks and Wildlife Department; DOCKET NUMBER: 2003-0436- MWD-E; IDENTIFIER: WQ Permit Number 14199-001; LOCATION: Burnet, Burnet County, Texas; TYPE OF FACILITY: state park with wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1) and WQ Permit Number 14199-001, by failing to monitor the volume of effluent used for irrigation; 30 TAC §30.350(e), by failing to have an operator for a wastewater treatment plant who possessed a valid Class D, or higher, license; and the Code, §26.121(a), by failing to comply with the daily average limit for TSS of 20 milligrams per liter; PENALTY: $9,775; ENFORCEMENT COORDINATOR: Larry King, (512) 239-2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(28) COMPANY: TPI Petroleum Inc.; DOCKET NUMBER: 2003-1318-MLM-E; IDENTIFIER: PST Facility Identification Number 65750, TPDES Permit Number: None, Regulated Entity Reference Number RN102078334; LOCATION: Jolly, Clay County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.78(c), by failing to submit information within 45 days of a suspected release detailing systems test and site checks; 30 TAC §334.80(a), by failing to perform an adequate site assessment to determine the full extent and location of soils and/or groundwater contaminated by a release of petroleum product; and 30 TAC §305.42(a) and the Code, §26.121(a), by failing to have a permit prior to discharging municipal waste into or adjacent to any water of the state; PENALTY: $9,200; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(29) COMPANY: Union Carbide Corporation; DOCKET NUMBER: 2001-1103-AIR-E; IDENTIFIER: Air Account Number GB-0076-J; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: THSC, §382.085(a), by failing to prevent unauthorized emissions on June 16, 2000 and April 6, 2000; 30 TAC §116.115(b)(2)(G) and (c), Permit Number 20135, and THSC, §382.085(b), by failing to meet volatile organic compound (VOC) limits; 30 TAC §101.6(a)(2)(C), (D), and (F) [now 30 TAC §101.201(a)(2)(E), (F), and (H)], by failing to include start time, end time or expected duration, and amount of contaminants in the initial notification report for an upset that occurred September 4, 2000; 30 TAC §101.6(a)(2)(G) [now 30 TAC §101.201(a)(2)(J)], by failing to include corrective action in the initial notification of a report for an upset that occurred June 22, 2000; 30 TAC §101.6(a)(2)(D) and (G) [now 30 TAC §101.201(a)(2)(F) and (J)], by failing to include end time or expected duration and corrective action in the initial notification report for a subsequent upset that occurred June 22, 2000; 30 TAC §101.6(a)(2)(F) [now 30 TAC §101.201(a)(2)(H)], by failing to include opacity estimate in the initial notification and final reports for an upset that occurred August 1, 2000; 30 TAC §101.6(a)(2)(D) [now 30 TAC §101.201(a)(2)(F)], by failing to include end time or expected duration in the initial notification report for an upset that occurred August 3, 2000; 30 TAC §101.6(a)(2)(D) and (G) [now 30 TAC §101.201(a)(2)(F) and (J)], by failing to include end time or expected duration and corrective action in the initial report for an upset that occurred November 7, 2000; 30 TAC §101.6(a)(2)(D) and (F) [now 30 TAC §101.201(a)(2)(F) and (H)], by failing to include end time or expected duration and opacity estimate in the initial notification report and opacity estimate in the final report for an upset that occurred January 2, 2001; 30 TAC §101.6(a)(2)(E) and (F) [now 30 TAC §101.201(a)(2)(G) and (H)], by failing to include identification and amount of contaminants emitted in the initial notification report for an upset that occurred January 4, 2001; 30 TAC §101.6(a)(2)(D) and (F) [now 30 TAC §101.201(a)(2)(F) and (H)], by failing to include end time or expected duration and opacity estimate in the initial report and opacity estimate in the final report for an upset that occurred February 25, 2001; 30 TAC §115.352(4), by failing to install a second valve, blind flange, plug or cap at the end of the VOC line; Air Permit Number 2466, by failing to comply with emission limits on November 7, 2000; Air Permit Number 6733, by failing to comply with emission limits on June 22, August 3, and September 24, 2000; Air Permit Number 436, by failing to comply with opacity limits on August 1, 2000, January 2, 2001, January 4, 2001, and February 25, 2001; PENALTY: $46,736; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(30) COMPANY: Valley Baptist Medical Center; DOCKET NUMBER: 2003-0482-MSW-E; IDENTIFIER: TCEQ Identification Number HAW008, Regulated Entity Identification Number RN101677870; LOCATION: Harlingen, Cameron County, Texas; TYPE OF FACILITY: medical services facility; RULE VIOLATED: 30 TAC §330.1004(b), by failing to identify and segregate special wastes from health care facilities; and 30 TAC §330.1009(a), by failing to secure the storage area in a manner and location which affords protection from theft, vandalism, inadvertent human or animal exposure, rain, water, and wind; PENALTY: $9,200; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

TRD-200401982

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: March 16, 2004

Coastal Impact Assistance Program

The Texas General Land Office (GLO), pursuant to TEX. GOV'T CODE 2254.021, et seq., is requesting proposals for a contract for consulting services to evaluate the effectiveness of, and alternatives to, current State law, policies, and procedures related to the protection of Texas coastal resources, public beach access, and private property rights. The contract has a target deadline of September 15, 2004. The list of deliverables below shall be required under the contemplated contract:

1. The chosen consultant shall compile and evaluate information and data concerning the limitations of current state law, legislation, policies, rules, and regulations related to the protection of Texas coastal resources, the public's right to access Texas beaches, and the rights of private property owners with respect to public beach access and coastal resource protection. The chosen consultant shall make all information and data available to the GLO upon request.

2. The chosen consultant shall prepare and submit to the GLO a report which shall address, at a minimum, the following:

(a) the limitations of current State law, rules, and regulations related to the protection of Texas coastal resources, the public's right to access Texas beaches, and the rights of private property owners with respect to public beach access and coastal resource protection; and

(b) legislative, policy, and legal options that balance coastal resource protection with public beach access and private property rights, and suggestions for modifying current statutes, regulations, rules, and practices to eliminate inefficiencies and duplicative effort; and

(c) the impact to the state, to landowners, and to the public, and associated costs and losses resulting from Texas Open Beaches Act requirements when public beach easement and private property interests conflict; and

(d) costs incurred by private property owners as a result of coastal erosion and public access requirements.

3. The chosen consultant shall provide quarterly progress reports, including a description of work performed during the reporting period, goals for work to be performed during the subsequent reporting period, identification of any potential problems which may affect the project timeline, and a plan of action to overcome such problems.

4. The chosen consultant shall provide the GLO with monthly drafts of all parts of the report completed each month.

The consultant contract will be funded with proceeds awarded through the GLO-administered portion of the Coastal Impact Assistance Program (CIAP) grant, and administered as a CIAP grant project. The particular funds for funding this consultant contract are from other CIAP-funded projects that were completed under budget and available to the GLO for redistribution. Project eligibility and criteria are provided at http://www.glo.state.tx.us/coastal/ciap/index.html, or by contacting the GLO directly, as shown below.

The chosen consultant must meet the following minimum qualifications:

1. Demonstration of a detailed understanding of state and federal law, policy-making practices and procedures, current legislation, and judicial history in the areas of land use regulation, property, natural resources, and environmental law pertaining to the protection of Texas coastal resources, the public's right to access Texas beaches, the rights of private property owners with respect to public beach access and coastal resource protection, and related economic and legal implications for private property rights and the public interest; and

2. recognition as an authority in relevant areas of the law and public policy, as demonstrated through publication in books, encyclopedias, journals, or other relevant publications; participation in educational conferences; speaking engagements; and professional affiliations.

The GLO reserves the right to evaluate the qualifications and experience of all respondents, to reject any and/or all responses, and to negotiate specific terms of agreement that are in the best interest of the state.

The closing date for the receipt of offers for these consulting services is 3:00 pm, April 26, 2004. Further information may be obtained by contacting Keith Tischler, Texas General Land Office, 1700 N. Congress Avenue, Room 620, Austin, Texas 78711-1495, telephone (512) 463-6287, or via e-mail at keith.tischler@glo.state.tx.us.

This contract is contingent upon the approval of the GLO's proposed amendment to its CIAP Plan, as published in the Texas Register , (29 TexReg 1699), February 20, 2004, and upon the adequacy of funds available under the CIAP Plan.

TRD-200402007

Larry L. Laine

Chief Clerk, Deputy Land Commissioner

General Land Office

Filed: March 17, 2004

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at San Jacinto Elementary School, 7900 Hume Drive, Dallas, Texas 75227, at 6:00 p.m. on April 13, 2004 with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $13,600,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to St. Augustine Villas Housing, L.P., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing and equipping a multifamily housing development (the "Development") described as follows: 204-unit multifamily residential rental development to be located at the southwest corner of Hoyle Avenue and Delafield Lane, Dallas, Dallas County, Texas 75227. The Development initially will be owned by the Borrower.

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

Persons who intend to appear at the hearing and express their views are invited to contact Robbye Meyer in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Robbye Meyer prior to the date scheduled for the hearing. Individuals who require a language interpreter for the hearing should contact Robbye Meyer at least three days prior to the hearing date.

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

TRD-200401985

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 16, 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 NOVASYS HEALTH, L.L.C., a foreign third party administrator. The home office is LITTLE ROCK, ARKANSAS.

Application for admission to Texas of MHM RESOURCES, INC., a foreign third party administrator. The home office is CLEVELAND, OHIO.

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

TRD-200402003

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: March 17, 2004

1.0 Name and Style of Game.

A. The name of Instant Game No. 444 is "GOLDEN RICHES". The play style is "extended play".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 444 shall be $3.00 per ticket.

1.2 Definitions in Instant Game No. 444.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible play symbols are: 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60.

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

1.0 Name and Style of Game.

A. The name of Instant Game No. 474 is "VEGAS NIGHTS". The play style in Game 1: Roll For Riches is "add up". The play style in Game 2: High Card is "yours beats theirs". The play style in Game 3: Spin To Win is "key number/symbol match". The play style in Game 4: Slots Of Cash is "key symbol match". The play style in Game 5: Casino Blackjack is "add up with doubler". The play style in Game 6: Bonus Box is "auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 474 shall be $10.00 per ticket.

1.2 Definitions in Instant Game No. 474.

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

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

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: $5.00, $8.00, $10.00, $20.00, $50.00, $100, $500, $1,000, $10,000, $500,000, 1 DICE SYMBOL, 2 DICE SYMBOL, 3 DICE SYMBOL, 4 DICE SYMBOL, 5 DICE SYMBOL, 6 DICE SYMBOL, 2, 3, 4, 5, 6, 7, 8, 9, 10, J, Q, K, A, 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, DOUBLE DOLLAR SIGN SYMBOL, CHERRIES SYMBOL, LEMONS SYMBOL, STACK OF BILLS SYMBOL, CROWN SYMBOL, HORSESHOE SYMBOL, SHAMROCK SYMBOL, POT OF GOLD SYMBOL, BUST SYMBOL, TRY SYMBOL, NEXT SYMBOL.

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

Notice is given to the public of an application filed on March 15, 2004, with the Public Utility Commission of Texas for an amendment to a certificated service area boundary.

Docket Style and Number: Application of Central Telephone Company of Texas, doing business as Sprint, for a Service Area Amendment to a Certificate of Convenience and Necessity. Docket Number 29462.

The Application: The proposed amendment will realign the service area boundary between Sprint's Porter Heights and Southwestern Bell Telephone, L.P.'s, doing business as SBC Texas, Splendora exchanges to reflect the way the boundary is currently being administered. There will be no change in service, rates, or telephone numbers for existing customers.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by April 9, 2004, by mail at P.O. Box 13326, Austin, Texas 78711- 3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 29462.

TRD-200401996

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 17, 2004

On March 10, 2004, Calpoint filed an application with the Public Utility Commission of Texas (Commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60499. Applicant intends to relinquish its certificate.

The Application: Application of Calpoint to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 29427.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 31, 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 29427.

TRD-200401953

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 15, 2004

Notice is given to the public of Verizon Southwest's (Verizon) application filed with the Public Utility Commission of Texas (commission) on March 4, 2004 to withdraw the Call Restriction Three Feature of Centranet-CustoPAK, pursuant to commission substantive rule §26.208.

Docket Title and Number: Application of Verizon Southwest to Withdraw the Call Restriction Three Optional Feature of Centranet-CustoPAK Pursuant to Substantive Rule §26.208; Docket Number 29433.

The Application: Verizon filed an application to withdraw the Call Restriction Three Feature of CentraNet-CustoPAK from its Texas General Exchange Tariff. Verizon stated that the feature is proposed to be withdrawn from its tariff due to the fact that Verizon is technically unable to provision. Verizon will continue to offer seven additional types of Call Restriction features in addition to the No Restriction option. Verizon stated that there are no current subscribers; therefore there are no grandfathering issues. Since there are no subscribers, Verizon seeks waiver of the customer notice and the grandfathering requirements in commission substantive rule §26.208(h) and (h)(3). Call Restriction One and Two provide similar features to the one being withdrawn. There are also call restriction features which block local calling, 900, 700, and 976 calling, casual dialing and international type calls.

Persons wishing to comment on this application should contact the Public Utility Commission of Texas no later than Friday, April 9, 2004, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll-free 1-800-735-2989. All correspondence should refer to Docket Number 29433.

TRD-200401977

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 15, 2004

The staff of the Public Utility Commission of Texas (commission) will hold a workshop regarding Competitive Metering Services, on Thursday, May 6, at 9:30 a.m. in the Commissioner's Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 28109, Competitive Metering Services Market Readiness Project (Subst. R. 25.311(e)) has been established for this proceeding. PURA §39.107 requires that metering services provided to commercial and industrial customers shall be provided on a competitive basis beginning on January 1, 2004. On June 19, 2003, the commission adopted P.U.C. Substantive Rule 25.311 (relating to Competitive Metering), which established the rules for competitive ownership of meters and the right of customers to access data collected by meters. On August 21, 2003, the commission adopted P.U.C. Substantive Rule 25.214 (relating to Terms and Conditions of Retail Delivery Service Provided by Investor Owned Transmission and Distribution Utilities (TDU)). P.U.C. Substantive Rule 25.214 set out the tariff provisions to accommodate competitive ownership of meters and customer data access. P.U.C. Substantive Rule 25.311(j) required that each utility file a tariff providing for a competitive metering service credit within 90 days of the effective date of the rule. The commission approved the competitive metering credit and related tariffs on December 30, 2004 (Docket Numbers 28556, 28559, 28560, 28562, 28663, and 28570).

P.U.C. Substantive Rule 25.311 only addresses the competitive ownership of meters and customer data access. The rule provides that other services, such as installation, calibration, data collection, and data management would continue to be the responsibility of the TDU unless otherwise authorized by the commission. Establishing a competitive market for these types services may require new regulatory support systems such a licensing and certification of potential market players. In some markets these regulatory support systems were developed by the market participants, in other markets they were established through legislation. Prior to the workshop, the commission requests that interested persons file comments on the following questions:

1. Under the competitive retail market design that is in place in Texas, is it feasible to create a competitive metering services business for functions such as installation, calibration, data collection, and/or data management? Please describe how such a competitive metering services business would operate.

2. In making these services competitive, what entity would choose the provider (i.e., the customer, the retail electric provider, or the utility), and what entity would be accountable in case the provider failed to provide the service?

3. What are the risks for various market segments if installation, calibration, data collection, and/or data management are provided on a competitive basis? How can the risks be eliminated or reduced? Parties should address this issue for each function separately.

4. What regulatory support systems, such as licensing, certification and penalties, are in place today to oversee a market where these services are provided on a competitive basis? What regulatory support systems need to be developed to allow for a properly functioning market? If support systems are needed, please provide your view on whether the commission has the authority to establish them.

5. What types of system and resource change implications would making these services competitive have for market participants (i.e., retail electric providers and utilities) and ERCOT? Provide an estimate of the costs and benefits and an explanation of how these costs could be recovered.

Responses may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326 within 20 days of the date of publication of this notice. Reply comments should be filed within 31 days of publication. All responses should reference Project Number 28109. 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.

The commission request that persons planning on attending the workshop register by phone with Melissa Silguero, Policy Development Division, at (512) 936-7213 by Monday, May 3, 2004.

Questions concerning the workshop or this notice should be referred to Nieves López, Chief Policy Analyst, Policy Development Division at (512) 936-7307 or Shawnee Claiborn-Pinto, Economist, Retail Market Oversight Division at (512) 936- 7388. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200401978

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: March 15, 2004

The City of La Porte, through its agent, the Texas Department of Transportation (TxDOT), intends to engage an aviation professional engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT, Aviation Division, will solicit and receive proposals for professional aviation engineering design services described:

Airport Sponsor: City of La Porte, La Porte Municipal Airport. TxDOT CSJ No.:0412LPRTE Scope: Provide engineering/design services to: replace cable, and salvage fixtures/transformers on runway/taxiway lights; install runway and taxiway guidance signs; replace rotating beacon and tower; complete fencing on NW corner; relocate fencing/gate near southwest corner of airport; install four electronic access devices to FBO gates (two at Tristar, one at Gulf Central and one at T-hangar drive through entrance); sealcoat taxiway and ramp; reconstruct taxiway and ramp for T-hangar area.

Future items for design services within the next five years may include:

Relocate taxiway from FBO to runway 30; construct additional 25’ ramp to T-hangar area NW of existing ramp and overlay taxiway from Gulf Central Aviation to runway 05.

The DBE goal is set at 7%. TxDOT Project Manager is Russell Deason.

To assist in your proposal preparation the most recent Airport Layout Plan, 5010 drawing and sketch depicting the locations for the proposed improvements are available online at:

www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm

by selecting "La Porte Municipal Airport" The proposal should address a technical approach for the current and future scope items, but the design schedule should reflect only the current scope. Firms shall use page 4, Recent Airport Experience, to list relevant past projects for both current and future scope.

Interested firms shall utilize the Form AVN-550, titled "Aviation Engineering Services Proposal." The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, Phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site, URL address:

http://www.dot.state.tx.us/avn/avn550.doc

The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. (Note: The form is an MS Word template.)

Four completed, unfolded copies of Form AVN 550 must be postmarked by U. S. Mail by midnight Friday, April 23, 2004. (CDST). Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. (CDST) on Monday, April 26, 2004; overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m. Monday, April 26, 2004 (CDST); hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Amy Deason.

The consultant selection committee will be composed of Aviation Division staff members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluating engineering proposals can be found at:

www.dot.state.tx.us/business/avnconsultinfo.htm

All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews of the top rated firms if the committee deems it necessary. In such case, selection will be made following interviews.

If there are any procedural questions, please contact Amy Deason, Grant Manager, or Russell Deason, Project Manager, for technical questions at 1-800-68-PILOT (74568).

TRD-200401993

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: March 17, 2004