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

An application was received from Baptist Credit Union, San Antonio, Texas to expand its field of membership. The proposal would permit students enrolled at the San Antonio Campus of Wayland Baptist University, to be eligible for membership in the credit union.

An application was received from Community Resource Credit Union, Baytown, Texas (#1) to expand its field of membership. The proposal would permit persons who live, work, attend school or worship in and businesses located within the boundaries of the Huffman Independent School District, to be eligible for membership in the credit union.

An application was received from Community Resource Credit Union, Baytown, Texas (#2) to expand its field of membership. The proposal would permit persons who live, work, attend school or worship in and businesses located within the boundaries of the Humble Independent School District, to be eligible for membership in the credit union.

An application was received from Community Resource Credit Union, Baytown, Texas (#3) to expand its field of membership. The proposal would permit persons who live, work, attend school or worship in and businesses located within the boundaries of the New Caney Independent School District, to be eligible for membership in the credit union.

An application was received from First Financial Community Credit Union, Brownsville, Texas to expand its field of membership. The proposal would permit persons who live, work, worship, attend school, and all businesses in Hidalgo, Willacy, Starr, and Kenedy Counties, Texas, to be eligible for membership in the credit union.

An application was received from Government Employees Credit Union of El Paso, Texas to expand its field of membership. The proposal would permit persons who work or reside in Dona Ana County New Mexico within a 25 mile radius of the GECU office located at 1500 N. Resler Drive in El Paso, Texas, to be eligible for membership in the credit union.

An application was received from Members Choice 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 Harris County, Texas, to be eligible for membership in the credit union.

An application was received from Members Choice Credit Union, Houston, Texas (#2) to expand its field of membership. The proposal would permit persons who live, work, or attend school in and businesses in Fort Bend County, Texas, to be eligible for membership in the credit union.

An application was received from Members Choice Credit Union, Houston, Texas (#3) to expand its field of membership. The proposal would permit persons who live, work, or attend school in and businesses in Waller County, Texas, to be eligible for membership in the credit union.

An application was received from Members Choice Credit Union, Houston, Texas (#4) to expand its field of membership. The proposal would permit persons who live, work, or attend school in and businesses in Montgomery County, Texas, to be eligible for membership in the credit union.

An application was received from Members Choice Credit Union, Houston, Texas (#5) to expand its field of membership. The proposal would permit persons who live, work, or attend school in and businesses in Brazoria County, Texas, to be eligible for membership in the credit union.

An application was received from Members Choice Credit Union, Houston, Texas (#6) to expand its field of membership. The proposal would permit persons who live, work, or attend school in and businesses in Austin County, Texas, to be eligible for membership in the credit union.

An application was received from Winkler County Credit Union, Kermit, Texas to expand its field of membership. The proposal would permit persons who live in, worship in, attend school in, or work in Reeves County, Texas, to be eligible for membership in the credit union.

An application was received from Texas One Community Credit Union, Houston, Texas to expand its field of membership. The proposal would permit persons who live, work or attend school in and businesses in Harris, Montgomery, Waller, and Fort Bend Counties, 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-200403383

Harold E. Feeney

Commissioner

Credit Union Department

Filed: May 19, 2004

In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following applications:

Applications to Amend Articles of Incorporation--Approved

PIA of Texas Credit Union, Dallas, Texas--See Texas Register issue dated March 26, 2004.

Houston Energy Credit Union, Houston, Texas--See Texas Register issue dated March 26, 2004.

Vought Heritage Community Credit Union, Grand Prairie, Texas--See Texas Register issue dated March 26, 2004.

First Educators Credit Union, Houston, Texas--See Texas Register issue dated March 26, 2004.

TRD-200403384

Harold E. Feeney

Commissioner

Credit Union Department

Filed: May 19, 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 June 28, 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 June 28, 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: Essra Corporation dba Que Paso Food Store; DOCKET NUMBER: 2003-0884- PST-E; TCEQ ID NUMBERS: 0049944 and RN101564805; LOCATION: 1705 Northwest 28th Street, Fort Worth, Tarrant 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 acceptable 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 underground storage tanks (USTs); and 30 TAC §334.21, by failing to pay outstanding UST fees; PENALTY: $3,960; STAFF ATTORNEY: Lindsay Andrus, Litigation Division, MC 175, (512) 239-4761; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Uppal Bros., Inc., dba Save Way Food Mart; DOCKET NUMBER: 2003-0997- PST-E; TCEQ ID NUMBERS: 44704 and RN102035367; LOCATION: 6620 Brentwood Stair Road, Fort Worth, Tarrant 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 acceptable 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: $5,350; STAFF ATTORNEY: Diana Grawitch, Litigation Division, MC 175, (512) 239- 0939; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Victor Flores fdba Victor's Convenience-Pharr; DOCKET NUMBER: 2003-0844- PST-E; TCEQ ID NUMBER: 48887; LOCATION: 1901 North I Road, Pharr, Hidalgo County, Texas; TYPE OF FACILITY: petroleum storage tank; RULES VIOLATED: 30 TAC §§334.10(a)(4), 334.8(c)(3)(D)(iii), 37.815, and 37.870(a)(4), by failing to demonstrate financial assurance; PENALTY: $2,140; STAFF ATTORNEY: Ashley Kever, Litigation Division, MC 175, (512) 239-2987; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

TRD-200403362

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 18, 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 June 28, 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 June 28, 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: Gilbert Interests, Inc.; DOCKET NUMBER: 2003-0508-PST-E; TCEQ ID NUMBER: RN103065272; LOCATIONS: (Picky's Pantry) 1950 William Cannon Drive; (Tarrytown Chevron) 3118 Windsor Road; (Metro Mart #5) 13436 Pond Springs Road; (Lucky Food Mart) 5800 South Congress Avenue; (Metro Star Grocery) 10304 North Lamar Boulevard; (Texan Mart #2) 12195 Metric Boulevard; (Metro Mart #4) 2113 Wells Branch; and (Capital Food Mart #2) 11005 Burnet Road, Austin, Travis County, Texas; TYPE OF FACILITY: fuel distribution center that delivers regulated substances to underground storage tanks (USTs); RULES VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to view a valid, posted TCEQ-issued delivery certificate prior to delivery of fuel to the facilities; PENALTY: $10,350; STAFF ATTORNEY: Sarah Utley, Litigation Division, MC R-13, (210) 403- 4017; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(2) COMPANY: Hooks Mobile Home Park, LTD.; DOCKET NUMBER: 2002-0912-MWD-E; TCEQ ID NUMBERS: 12083-001 and RN102177698; LOCATION: 12019 Aldine Westfield Road, Houston, Harris County, Texas; TYPE OF FACILITY: waste water treatment; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121, and Texas Pollutant Discharge Elimination System (TPDES) Permit Number 12083-001, Interim Effluent and Monitoring Requirements Number 1, by failing to comply with permitted effluent limits; and 30 TAC §305.125(1), TWC, §26.121, and TPDES Permit Number 12083-001, Interim Effluent and Monitoring Requirements Number 1, by failing to comply with permitted effluent limits at Outfall 002; PENALTY: $4,275; STAFF ATTORNEY: Sarah Utley, Litigation Division, MC R-13, (210) 403-4017; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Richard Hutt fdba Westlake Village Mobile Home Park; DOCKET NUMBER: 2002-0985-PWS-E; TCEQ ID NUMBER: 1260098; LOCATION: 4826 West Country Road, Cleburne, Johnson County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(iii) and Texas Health and Safety Code (THSC), §341.031(a) and §341.033(d), by failing to take bacteriological samples at the required frequency; 30 TAC §290.109(c)(3)(A)(ii) and THSC, §341.031(a), by failing to take the required number of repeat bacteriological samples following a sample containing coliform organisms; 30 TAC §290.109(c)(2)(F) and THSC, §341.031(a), by failing to take additional routine bacteriological samples following a sample containing coliform organisms; 30 TAC §290.109(b)(2) and (f)(3) and THSC, §341.031(a), by exceeding the maximum contaminant level for coliform; and 30 TAC §290.109(g) and §290.122(b) and (c), by failing to properly notify the public of coliform positive samples or failing to sample for coliform; PENALTY: $600; STAFF ATTORNEY: Ashley Kever, Litigation Division, MC 175, (512) 239-2987; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Universal Transport, Inc.; DOCKET NUMBER: 2003-1337-PST-E; TCEQ ID NUMBER: RN103142667; LOCATION: (refueling station) 415 North Wayside, Houston, Harris County; (facility 1) 700 Breakaway Road, Cedar Park, Williamson County; (facility 2) 500 Terminal Road, Georgetown, Williamson County; and (facility 3) 6101 Rosedale Street, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: aircraft refueling and convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe that the owners or operators of the facilities had valid, current delivery certificates issued by the TCEQ, covering the UST systems, prior to depositing a regulated substance into the UST systems; PENALTY: $38,400; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500; Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339- 2929; and Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200403363

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 18, 2004

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive comments concerning revisions to 30 TAC §111.209, Exception for Disposal Fires; §330.4, Permit Required; and corresponding revisions to the Texas state implementation plan (SIP) under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Chapter 2001, Subchapter B; and 40 Code of Federal Regulations, §51.102 of the United States Environmental Protection Agency regulations concerning SIPs. The amendment to §111.209 is proposed as a revision to the SIP.

The proposed rulemaking would conform agency rules with Senate Bill 216, 78th Legislature, 2003, which allows veterinarians to burn or bury animals and associated medical waste provided certain conditions are met.

A public hearing on this proposal will be held in Austin on June 24, 2004 at 10:00 a.m. in Building C, Room 131E, at the commission's central office, located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

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

Comments may be submitted to Patricia Durón, Texas Commission on Environmental Quality, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512) 239-4808. All comments should reference Rule Project Number 2004-003-330-WS. Comments must be received by 5:00 p.m., June 28, 2004. For further information, please contact Emily Barrett, Policy and Regulations Division, at (512) 239-3546.

TRD-200403270

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: May 14, 2004

The following notices were issued during the period of May 3, 2004 through May 12, 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.

AQUA WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. WQ0014226001, which authorizes the discharge of filter backwash and settling pit decant wastewater from an iron removal potable water plant at a daily average flow not to exceed 5, 000 gallons per day. The facility is located approximately 2.1 miles west-northwest of the intersection of Farm-to-Market Road 1624 and County Road 322, and approximately 2.4 miles southeast of the intersection of Farm-to-Market Road 696 and County Road 309 in Lee County, Texas.

BAYVIEW MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. 10770-001, 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 at 3206 State Highway 146, approximately 1200 feet west of State Highway 146 and 5,500 feet north of the intersection of Farm- to-Market Road 646 and State Highway 146 in Galveston County, Texas.

BELL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 has applied for a renewal of TPDES Permit No. 10351-001, which authorizes the discharge of treated water treatment plant filter backwash water at a daily average flow not to exceed 900,000 gallons per day. The facility is located three miles west-northwest of Lake Belton Dam, north of Farm-to-Market Road 439 and approximately one mile north of Westcliff Park in Bell County, Texas.

BELL COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 2 has applied for a renewal of TPDES Permit No. 11090-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 94,000 gallons per day. The facility is located immediately west of State Highway 95 approximately 700 feet south of the intersection of State Highway 95 and Farm-to-Market Road 436 in Bell County, Texas.

TOWN OF DARROUZETT has applied for a major amendment to Permit No. 10446-001 to authorize a change in irrigation site from a 36-acre Park and Golf Course to a 21.36-acre non-public access pastureland. The current permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 40,000 gallons per day via surface irrigation of 36 acres of a Park and Golf Course. This permit will not authorize a discharge of pollutants into waters in the State. The facility is located approximately 2,000 feet south-southwest of the intersection Interstate Highway 15 and Farm-to-Market Road 2248, immediately east of the Town of Darrouzett in Lipscomb County, Texas. The disposal site is located approximately 500 feet south-southwest of the intersection of Interstate Highway 15 and Farm-to-Market Road 2248, east of the Town of Darrouzett in Lipscomb County, Texas.

DRIPPING SPRINGS APARTMENTS, L.P. has applied for a renewal of Permit No. 14146- 001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 0.014 gallons per day via subsurface drip irrigation on 3.57 acres of non-public access land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located on the north side of U.S. Route 290, approximately 13,000 feet west along U.S. Route 290 from its intersection with State Route 12 in Hays County, Texas.

CITY OF FLOYDADA has applied for a renewal of Permit No. WQ0010170001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed the a daily average flow of 500,000 gallons per day via irrigation on 128 acres of non-public access agriculture land. Application rates shall not exceed 4.37 acre-feet per year per acre irrigated. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal site are located 0.5 mile south of U.S. highway 70 and approximately 1.5 miles east of Farm-to-Market Road 1958 in Floyd County, Texas.

THE CITY OF FREEPORT has applied for a renewal of TPDES Permit No. 10882-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day with provisions to irrigate 67.68 acres of golf course land. The facility is located at 123 Slaughter Road, North of State Highway 36, approximately 1 mile south of the Brazos River in Brazoria County, Texas.

GEORGIA GULF CHEMICALS & VINYLS, LLC which operates an organic chemical manufacturing plant which produces cumene, phenol, and acetone as its primary products, has applied for a major amendment to TPDES Permit No. 02067 to authorize the combination of existing Outfalls 001, 002, and 003 into one single outfall identified as new Outfall 001 and a reduction in the monitoring frequency for ammonia (as N) from twice per week to once per month at Outfall 004. The current permit authorizes the discharge of cooling tower blowdown, boiler blowdown, steam system blowdown, storm water, and previously monitored effluent consisting of treated domestic sewage at a daily maximum flow not to exceed 320,000 gallons per day; the discharge of storm water on an intermittent and flow variable basis via Outfall 002; the discharge of storm water from the dock area on an intermittent and flow variable basis via Outfall 003; the discharge of treated process wastewater, utility waters, and treated domestic sewage at a daily average flow not to exceed 450,000 gallons per day via Outfall 004; the discharge of cooling tower blowdown, steam condensate, and storm water runoff from a lay-down yard at a daily maximum dry weather flow not to exceed 500,000 gallons per day via Outfall 005; and the discharge of storm water on an intermittent and flow variable basis via Outfall 006. The facility is located at 3503 Pasadena Freeway, on the south bank of the Houston Ship Channel, approximately 7,500 feet north of State Highway 225 in the City of Pasadena, Harris County, Texas.

THE CITY OF HAMLIN has applied for a renewal of TPDES Permit No. 10491-002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 320,000 gallons per day. The facility is located approximately 1/4 mile southeast of the intersection of State Highway 92 and U.S. Highway 83 on the north bank of California Creek in Jones County, Texas.

LIBERTY-DANVILLE FRESH WATER SUPPLY DISTRICT NO. 2 has applied for a renewal of TPDES Permit No. 11833-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 31,000 gallons per day. The facility is located approximately four miles northeast of the City of Kilgore, approximately 1.1 miles east of the intersection of Interstate Highway 20 and U.S. Highway 259 in Gregg County, Texas.

CITY OF MEADOWS PLACE has applied for a renewal of TPDES Permit No. WQ0011039001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The facility is located approximately 5,000 feet west of the Southwest Freeway (U.S. Highway 59) and 1,000 feet south of Keegans Bayou on the Harris County-Fort Bend County line in Fort Bend County, Texas.

CITY OF MINERAL WELLS has applied for a renewal of TPDES Permit No. 10585-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,350,000 gallons per day. The facility is located southwest of the City of Mineral Wells at the crossing of Pollard Creek by 26th Street in Palo Pinto County, Texas.

CITY OF MOULTON has applied for a renewal of TPDES Permit No. 10227-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 242,000 gallons per day. The facility is located at 106 East First Street approximately three blocks south of the intersection of East First Street and Moore Avenue in the City of Moulton in Lavaca County, Texas.

NEWPARK SHIPBUILDING - PELICAN ISLAND, INC. which operates a general fabrication and repair facility for inland and offshore barges, supply vessels, oil rigs, and other similar vessels, has applied for a major amendment to TPDES Permit No. 00779 to authorize the removal of boiler blowdown via Outfall 001; reduced monitoring frequencies for oil and grease from once per week to once per month via Outfalls 004, 005 and 006 based on compliance history and three years of non- detect sample values; add the authorization to discharge ballast/void space water and exterior surface low pressure rinse water on an intermittent and flow variable basis via Outfalls 004, 005 and 006; and add the authorization to discharge ballast/void space water and exterior surface low pressure rinse water (without the requirement to route effluent through filter screens prior to discharge) on an intermittent and flow variable basis via new Outfall 007. The current permit authorizes the discharge of treated domestic wastewater and boiler blowdown at a daily average flow not to exceed 16,000 gallons per day via Outfall 001; and process wastewater on an intermittent and flow variable basis via outfall 004, 005 and 006. The facility is located on Pelican Island adjacent to Galveston Channel and approximately 1.5 miles east of the Pelican Island Bridge, Galveston County, Texas.

PALO PINTO COUNTY has applied for a renewal of TPDES Permit No. WQ0011698001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The facility is located on the east bank of Town Branch Creek approximately 1,200 feet due north of the intersection of U.S. Highway 180 and Farm-to-Market Road 4 at the end of North Ninth Avenue in the outskirts of the town of Palo Pinto in Palo Pinto County, Texas.

CITY OF PLEASANTON has applied for a renewal of TPDES Permit No. WQ0010598-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,420,000 gallons per day. The facility is located approximately 0.4 mile southeast of the intersection of U.S. Highway 281 and the Missouri Pacific Railroad and 0.5 mile east of the intersection of State Highway 97 and U.S. Highway 281 in the City of Pleasanton in Atascosa County, Texas.

PORTER MUNICIPAL UTILITY DISTRICT has applied for a major amendment to TPDES Permit No. 12242-001 to authorize an increase in the discharge of treated domestic wastewater from an annual average flow not to exceed 1,300,000 gallons per day to an annual average flow not to exceed 1,600,000 gallons per day; and a relocation of the point of discharge. The facility is located approximately 7,200 feet south-southeast of the intersection of U.S. Highway 59 and Farm-to-Market Road 1314, and 2,100 feet east-southeast of the intersection of Martin Drive and Loop 494 in Montgomery County, Texas.

CITY OF SCHULENBURG has applied for a renewal of TPDES Permit No. 10115-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 460,000 gallons per day. The facility is located in the 800 block of Kallus Street near its intersection with Hillje Street in the City of Schulenburg in Fayette County, Texas.

CITY OF SKELLYTOWN has applied for a major amendment to TPDES Permit No. 10283- 001 to authorize the disposal of treated effluent either by discharge or by irrigation of 28.5 acres of nonpublic access pastureland. The proposed amendment requests to remove the Final phase. The current permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 75,000 gallons per day in the Interim phase and the irrigation of 28.5 acres at a daily average flow not to exceed 75,000 gallons per day in the Final phase. The facility is located approximately 0.25 mile west of State Highway 152 at a point approximately 1.0 mile northwest of the intersection of Farm-to-Market Road 294 and State Highway 152 in Carson County, Texas.

STRAIGHTWAY, INC. has applied for a renewal of TPDES Permit No. WQ0014040001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The facility will be located at the intersection of Farm-to-Market Road 1161 and County Road 218 in Wharton County, Texas.

TEXAS BARGE AND BOAT, INC. which operates a barge cleaning and marine vessel repair facility, has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004696000, to authorize the discharge of ballast and bilge water on an intermittent and flow variable basis via Outfall 004, and ballast and bilge water, drydock water and wash water from pressure washing marine vessels on an intermittent and flow variable basis via Outfall 005. The facility is located approximately 2.5 miles south of the intersection of State Highway 288 and County Road 242A, Brazoria County, Texas

CITY OF THORNDALE has applied for a renewal of TPDES Permit No. 10302-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 160,000 gallons per day. The facility is located on the west side of Farm-to-Market Road 486, approximately 0.5 miles south of the intersection of U.S. Highway 79 and Farm-to-Market Road 486 in Milam County, Texas.

UPPER TRINITY REGIONAL WATER DISTRICT has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 10698-003, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 5,225,000 gallons per day. The facility is located approximately 0.25 mile west and 0.15 mile south of the intersection of U.S. Highway 380 and Farm-to-Market Road 1385 in Denton County, Texas.

WORLD LAND DEVELOPERS, L.P. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14466-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 246,000 gallons per day. The facility will be located approximately 6,300 feet southeast of the intersection of State Highway 205 and State Highway 78 and approximately 5,600 feet southwest of the intersection of State Highway 78 and the St. Louis Southwestern Railroad in Collin County, Texas.

Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE

H.H.J., INC. has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit to authorize the addition of an interim phase which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 86,000 gallons per day. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 800,000 gallons per day. The facility is located on the northeast side of State Highway 249 and on the east side of Cripple Creek Drive approximately 0.8 mile north of the intersection of State Highway 249 and Stagecoach Road and approximately 2.7 miles southeast of the intersection of Farm-to-Market Roads 149 and 1774 and approximately 4.0 miles northwest of the City of Tomball in Montgomery County, Texas.

The Texas Commission on Environmental Quality (TCEQ) has initiated a minor amendment of the Texas Pollutant Discharge Elimination System (TPDES) permit issued to NEW CANEY MUNICIPAL UTILITY DISTRICT to change the biomonitoring critical dilution. The facility is located approximately 0.4 mile east and 1.6 miles south of the intersection of Caney Creek and State Highway 59 in Montgomery County, Texas.

TRD-200403360

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 18, 2004

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on April 16, 2004, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Joseph Endari dba Endari's Exxon; SOAH Docket No. 582-04-0757; TCEQ Docket No. 2002-0893-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Joseph Endari dba Endari's Exxon on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239-3300.

TRD-200403359

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 18, 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 June 21, 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 June 21, 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: Barber Boats and Motors Inc.; DOCKET NUMBER: 2004-0140-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 44553, Regulated Entity (RN) Identification Number RN101538072; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: boat sales and maintenance; RULE VIOLATED: 30 TAC §334.51(b)(2)(B) and (C), and the Code, §26.3475(c)(2), by failing to have overfill prevention and spill containment equipment; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to ensure that release detection equipment or procedures are provided for the underground storage tank (UST) system; 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.346(a), by failing to ensure that the UST registration and self-certification form was fully and accurately completed and submitted and failing to make available a valid, current delivery certificate; PENALTY: $4,480; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Brooks County; DOCKET NUMBER: 2003-0538-MSW-E; IDENTIFIER: Municipal Solid Waste Permit Number 379, RN101478501; LOCATION: Falfurrias, Brooks County, Texas; TYPE OF FACILITY: municipal solid waste landfill; RULE VIOLATED: 30 TAC §330.117(b) and (e), by failing to prevent the unloading of waste in unauthorized areas and failing to only dispose of brush and construction-demolition waste and rubbish that is free of putrescible and household waste; 30 TAC §330.111, §330.115, and Permit Number 379, by failing to have adequate fire extinguishers on-site, failing to maintain a stockpile of earth within 2,500 feet of the working face, and failing to train facility personnel in inspect loads and to recognize regulated hazardous waste; and 30 TAC §330.119, by failing to provide a sign measuring at least four feet by four feet; PENALTY: $10,605; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425- 6010; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(3) COMPANY: Cemex Cement of Texas LP; DOCKET NUMBER: 2003-1184-AIR-E; IDENTIFIER: Air Account Number EB-0121-R, RN100213305; LOCATION: Odessa, Ector County, Texas; TYPE OF FACILITY: cement manufacturing plant; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit an annual compliance certification; 30 TAC §122.145(2)(B) and THSC, §382.085(b), by failing to submit deviation reports; and 30 TAC §111.111(a), Air Permit Number O-01125, and THSC, §382.085(a), by failing to prevent unauthorized opacity air emissions; PENALTY: $64,000; ENFORCEMENT COORDINATOR: David Van Soest, (512) 239-0468; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(4) COMPANY: City of China; DOCKET NUMBER: 2003-0383-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 12104-001, RN101721686; LOCATION: China, Jefferson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (5), TPDES Permit Number 12104-001, and the Code, §26.121(a), by failing to comply with permitted effluent requirements for total suspended solids (TSS), chlorine residual, and five-day biochemical oxygen demand (BOD ₅ ), failing to properly operate and maintain all systems of collection, treatment, and disposal, and failing to report 40% noncompliances; PENALTY: $6,012; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(5) COMPANY: City of China; DOCKET NUMBER: 2004-0173-PWS-E; IDENTIFIER: Public Water Supply (PWS) Number 1230038, RN101276855; LOCATION: China, Jefferson County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.44(h)(4)(C), by failing to make available records indicating that all backflow prevention assemblies have been tested; 30 TAC §290.46(f)(3)(D)(ii), by failing to have completed and signed monthly operating reports and failing to make available records indicating results from pressure and storage tank inspections; 30 TAC §290.45(b)(1)(D)(i), by failing to provide sufficient well capacity; and 30 TAC §288.30(3)(B), by failing to make available during an investigation an adopted drought contingency plan; PENALTY: $890; ENFORCEMENT COORDINATOR: Chris Friesenhahn, (210) 490-3096; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898- 3838.

(6) COMPANY: Debra K. Smith and Terry M. Sinclair dba City Cabinet Shop; DOCKET NUMBER: 2003-1568-WQ-E; IDENTIFIER: RN102962008; LOCATION: San Angleo, Tom Green County, Texas; TYPE OF FACILITY: cabinet manufacturing; RULE VIOLATED: 30 TAC §335.4, by failing to manage an industrial waste to prevent a discharge; and 30 TAC §281.25(a)(4) and the Code, §26.121(a), by failing to obtain authorization for storm water discharge; PENALTY: $6,300; ENFORCEMENT COORDINATOR: David Van Soest, (512) 239- 0468; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655- 9479.

(7) COMPANY: City of Clyde; DOCKET NUMBER: 2003-1498-PWS-E; IDENTIFIER: PWS Number 0300002; LOCATION: Clyde, Callahan County, Texas; TYPE OF FACILITY: surface water treatment; RULE VIOLATED: 30 TAC §290.45(b)(2)(G) and THSC, §341.0315(c), by failing to provide an elevated storage capacity; 30 TAC §290.42(d)(3) and (5), (11)(E)(v), and (e)(4)(C), by failing to prevent an unauthorized discharge of wastewater, failing to provide flow measuring devices, failing to equip each filter with operable rate-of-flow indicators, and failing to provide forced air ventilation; 30 TAC §290.46(f)(3)(B)(v), (m), and (t), by failing to maintain calibration logs for laboratory equipment, failing to post a legible sign at each production, treatment, and storage facility, and failing to initiate a maintenance program; 30 TAC §290.118(a) and (b), by failing to provide water that meets the commission's secondary constituent levels for chloride; and 30 TAC §290.43(c)(4) and (6) and THSC, §341.036(g), by failing to provide the water storage tank with a liquid level indicator and failing to ensure water storage tanks are thoroughly tight against leakage; PENALTY: $3,903; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698- 9674.

(8) COMPANY: DTG Operations, Inc. dba Dollar Rent A Car; DOCKET NUMBER: 2004- 0107-PST-E; IDENTIFIER: PST Facility Identification Number 73144, RN101736809; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: rental car refueling station; RULE VIOLATED: 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to conduct an annual line leak detector test; and the Code, §26.121(a), by failing to prevent an unauthorized discharge into the surface waters in the state; PENALTY: $8,160; ENFORCEMENT COORDINATOR: Sushil Modak, (512) 239-2142; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(9) COMPANY: Duke Energy Field Services, L.P.; DOCKET NUMBER: 2003-0176-AIR-E; IDENTIFIER: Air Account Number PE-0051-N; LOCATION: Fort Stockton, Pecos County, Texas; TYPE OF FACILITY: natural gas compressor station; RULE VIOLATED: 30 TAC §106.512(2)(C)(ii) and THSC, §382.085(b), by failing to maintain records of the quarterly testing for oxides of nitrogen and carbon monoxide; PENALTY: $1,020; ENFORCEMENT COORDINATOR: Gilbert Angelle, (512) 239-4489; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(10) COMPANY: Duke Energy Field Services, LP; DOCKET NUMBER: 2003-1122-AIR-E; IDENTIFIER: Air Account Numbers NE-0188-T, NE-0354-D, NE-0028-T, NE-0029-R, JG-0017-B, BE-0032-M, JG-0018-W, LK-0027-R, and LE-0012-W; LOCATION: Agua Dulce, Bishop, Premont, Pettus, Three Rivers, and Hallettsville; Nueces, Jim Wells, Bee, Live Oak, and Lavaca Counties, Texas; TYPE OF FACILITY: natural gas handling stations; RULE VIOLATED: 30 TAC §122.145(2)(A) and THSC, §382.085(b), by failing to report all instances of deviations; and 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit an annual compliance certification; PENALTY: $20,475; ENFORCEMENT COORDINATOR: Ed Moderow, (512) 239- 2680; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(11) COMPANY: Bruce A. Eiles dba Echo; DOCKET NUMBER: 2003-0415-PST-E; IDENTIFIER: PST Facility Identification Number 46277; LOCATION: Quitman, Wood County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.10(b) and §334.49(e), by failing to maintain records adequate to demonstrate compliance with the corrosion protection requirements; 30 TAC §334.50(a)(1)(A), (b)(1)(A) and (2)(A)(i)(III), and the Code, §26.3475(a) and (c)(1), by failing to monitor tanks in a manner which will detect a release and failing to have the line leak detectors tested; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for USTs; PENALTY: $3,840; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(12) COMPANY: Farmers Dairies, Ltd.; DOCKET NUMBER: 2004-0019-AIR-E; IDENTIFIER: Air Account Number EE-1311-Q, RN100818756; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: maintenance and fuel station; RULE VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by allowing the transfer of gasoline with a Reid vapor pressure (RVP) greater than seven pounds per square inch absolute (psia); PENALTY: $520; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(13) COMPANY: Groendyke Transport, Inc.; DOCKET NUMBER: 2004-0217-PST-E; IDENTIFIER: RN102407947; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to have a valid, current delivery certificate; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Walter Lassen, (512) 239-0513; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588- 5800.

(14) COMPANY: H & W Petroleum Company, Inc.; DOCKET NUMBER: 2004-0272-PST-E; IDENTIFIER: PST Facility Identification Number 50854, RN101378271; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to have a valid, current delivery certificate; PENALTY: $800; ENFORCEMENT COORDINATOR: Larry King, (512) 339-2929; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15) COMPANY: City of Hamlin; DOCKET NUMBER: 2004-0129-PWS-E; IDENTIFIER: PWS Number 1270002, RN101392504; LOCATION: Hamlin, Jones County, Texas; TYPE OF FACILITY: surface water treatment; RULE VIOLATED: 30 TAC §290.42(d)(5) and (11) and (e)(4)(B), by failing to provide meters to measure the flow of treated, recycled, and/or backwash water, failing to provide monitoring devices to measure and record turbidity, and failing to provide weather housing for the chlorine bottles stored outside; and 30 TAC §290.43(c)(6) and §290.46(m)(4), by failing to seal a gap in the elevated storage tank near the vents and failing to repair leaks in the vents and roof of the ground storage tank; PENALTY: $2,398; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(16) COMPANY: Hobas Pipe USA, LP; DOCKET NUMBER: 2004-0221-AIR-E; IDENTIFIER: Air Account Number HG-1531-T, Air Permit Number 17434, RN102540812; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: plastics pipe manufacturing; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit the annual compliance certification; and 30 TAC §116.115(b)(2)(F) and (G), Air Permit Number 17434, and THSC, §382.085(b), by failing to comply with emission limits for volatile organic compounds (VOCs); PENALTY: $2,910; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(17) COMPANY: Robert Wittenback dba J & R Mud Pumping Service; DOCKET NUMBER: 2003-1463-MSW-E; IDENTIFIER: Sludge Transporter Registration Number 21143; LOCATION: San Benito, Cameron County, Texas; TYPE OF FACILITY: sludge transporter; RULE VIOLATED: 30 TAC §312.143, by failing to deposit wastes at an authorized facility; 30 TAC §312.145(a), by failing to maintain a record of each individual collection and deposit; 30 TAC §312.144(d) and (f), by failing to have a sight gauge on all closed vehicles, tanks, or containers used to transport liquid wastes and failing to prominently mark all discharge valves; 30 TAC §312.142(c), by failing to maintain a copy of the registration; and 30 TAC §330.5(a), by failing to prohibit the disposal of a solid waste at an unauthorized facility; PENALTY: $4,160; ENFORCEMENT COORDINATOR: Chris Friesenhahn, (210) 490-3096; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(18) COMPANY: King Fuels, Inc.; DOCKET NUMBER: 2004-0192-PST-E; IDENTIFIER: RN103004602; LOCATION: Richmond, Fort Bend County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to have a valid, current delivery certificate; PENALTY: $1,400; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: L.F. Manufacturing, Inc.; DOCKET NUMBER: 2004-0126-AIR-E; IDENTIFIER: Air Account Number LF-0053-U, RN100214642; LOCATION: Giddings, Lee County, Texas; TYPE OF FACILITY: fiberglass tank and pipe manufacturing; RULE VIOLATED: 30 TAC §122.143(4), §122.146(2), and THSC, §382.085(b), by failing to submit the annual certification of compliance; and 30 TAC §122.143(5), §122.145(2)(C), and THSC, §382.085(b), by failing to submit a deviation report; PENALTY: $6,950; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(20) COMPANY: Leverett's Chapel Independent School District; DOCKET NUMBER: 2003- 0221-MWD-E; IDENTIFIER: TPDES Permit Number 11113-001; LOCATION: Overton, Rusk County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11113-001, and the Code, §26.121, by failing to comply with permitted limits for BOD ₅ , TSS, and dissolved oxygen and failing to report in writing, effluent violations which deviated from the permitted effluent limitation by more than 40%; and 30 TAC §319.1 and TPDES Permit Number 11113-001, by failing to report monthly effluent monitoring results; PENALTY: $6,197; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535- 5100.

(21) COMPANY: City of Lubbock; DOCKET NUMBER: 2003-0633-PST-E; IDENTIFIER: PST Facility Identification Number 30251; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(22) COMPANY: Lufkin Industries Inc.; DOCKET NUMBER: 2003-1559-IWD-E; IDENTIFIER: TPDES Permit Number 001268-000; LOCATION: Lufkin, Angelina County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 001268-000, and the Code, §26.121(a), by failing to comply with permitted effluent limits for TSS, oil and grease, flow, and total chlorine residual and failing to report, in writing, effluent violations deviating from permitted limits by more than 40%; PENALTY: $10,676; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(23) COMPANY: Mail Contractors of America, Inc.; DOCKET NUMBER: 2004-0201-PST-E; IDENTIFIER: PST Facility Identification Number 45401, RN101536373; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: mail delivery; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i) and the Code, §26.346(a) and §26.3467(a), by failing to ensure that the UST registration and self-certification form was fully and accurately completed and failing to make available to a common carrier a valid, current delivery certificate; PENALTY: $1,440; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(24) COMPANY: Matrix Metals LLC dba Richmond Foundry Co.; DOCKET NUMBER: 2004- 0385-AIR-E; IDENTIFIER: Air Account Number FG-0044-H; LOCATION: Richmond, Fort Bend County, Texas; TYPE OF FACILITY: steel foundry; RULE VIOLATED: 30 TAC §122.143(4), §122.146(2), Federal Operating Permit Number O-02121, and THSC, §382.085(b), by failing to submit an annual compliance certification; PENALTY: $1,880; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(25) COMPANY: Meadwestvaco Texas, L.P.; DOCKET NUMBER: 2003-1394-AIR-E; IDENTIFIER: Air Account Number JC-0003-K; LOCATION: Evadale, Jasper County, Texas; TYPE OF FACILITY: paper mill; RULE VIOLATED: 30 TAC §101.211(b)(5) and (9) and THSC, §382.085(b), by failing to record the agency-established facility identification number and the authorized opacity limit on the final record of non-reportable unauthorized emisisons; 30 TAC §§101.20(3), 111.111(a)(1)(B), and 116.115(c), Air Permit Number 20365/PSD-TX-785M6, and THSC, §382.085(b), by failing to limit opacity emissions to 20% averaged over a six-minute period; 30 TAC §101.201(b)(4) and (8) and THSC, §382.085(a) and (b), by failing to record the agency-established facility identification number and the authorized opacity limit on the final record for a reportable emissions event and failing to prevent unauthorized emissions of total reduced sulfur and VOCs; 30 TAC §101.4 and THSC, §382.085(a), by failing to control hydrogen sulfide (H ₂ S) emissions; 30 TAC §112.31 and THSC, §382.085(b), by failing to limit H2 S emissions; PENALTY: $10,715; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703- 1892, (409) 898-3838.

(26) COMPANY: Methodist Children's Home dba Methodist Home Boys Ranch; DOCKET NUMBER: 2003-0439-MWD-E; IDENTIFIER: TPDES Permit Number 14464-001; LOCATION: Waco, McLennan County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.42(a) and the Code, §26.121(a), by failing to submit a permit application for the discharge of municipal waste; PENALTY: $5,760; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710- 7826, (254) 751-0335.

(27) COMPANY: Mulberry Kaufman Enterprises, Inc. dba Mulberry Kaufman Beer & Wine Grocery; DOCKET NUMBER: 2003-0874-PST-E; IDENTIFIER: PST Facility Identification Number 0027512; LOCATION: Kaufman, Kaufman 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: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118- 6951, (817) 588-5800.

(28) COMPANY: Munir Munawar; DOCKET NUMBER: 2003-1193-PST-E; IDENTIFIER: PST Facility Identification Number 47930, RN103019832; LOCATION: Rockport, Aransas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.48(c), by failing to conduct inventory control procedures; and 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor the facility's USTs for releases; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(29) COMPANY: Murphy Oil USA, Inc., MC Services, Inc, and Mr. Louis Kmiec; DOCKET NUMBER: 2004-0218-EAQ-E; IDENTIFIER: Edwards Aquifer Registration Number 11-03071501, UST License Numbers CRP001317, ILP000496, and RN103771986; LOCATION: Georgetown, Williamson County, Texas; TYPE OF FACILITY: service station with retail sales of gasoline; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an Edwards Aquifer protection plan; and 30 TAC §334.407(b) and §334.424(a), by failing to obtain approval of an Edwards Aquifer protection plan prior to constructing a UST facility; PENALTY: $600; ENFORCEMENT COORDINATOR: Joseph Daley, (512) 239-3308; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(30) COMPANY: N. K. Enterprises, Inc.; DOCKET NUMBER: 2004-0130-PST-E; IDENTIFIER: PST Facility Identification Number 39852, RN102368610; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.7(d)(3), by failing to provide written notice of any change or additional information of the UST system; and 30 TAC §334.8(c)(4)(B) and (5)(A)(i) and the Code, §26.346(a) and §26.3467(a), by failing to provide written notification prior to initiating a major UST construction activity and failing to make available to a common carrier a valid, current delivery certificate; PENALTY: $3,264; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(31) COMPANY: Nacogdoches County Road and Bridge Department; DOCKET NUMBER: 2003-1160-MLM-E; IDENTIFIER: Facility Identification BE00062, RN102883527; LOCATION: Nacogdoches, Nacogdoches County, Texas; TYPE OF FACILITY: road and bridge repair maintenance and equipment repair; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; 30 TAC §334.51(b)(2)(B) and (C), and the Code, §26.3475, by failing to install spill and overfill equipment; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor the used oil UST system; 30 TAC §334.49(a), by failing to provide corrosion protection; 30 TAC §334.7(a)(1), by failing to register the UST system; the Code, §26.121(a)(2), by failing to prevent an unauthorized discharge of an asphalt/diesel mixture; 30 TAC §324.15, §327.4(b)(2), 40 Code of Federal Regulations (CFR) §279.22(d), and THSC, §371.041, by failing to properly remove spills of used oil; 30 TAC §324.1 and 40 CFR §279.22(c), by failing to label the used oil filter container and the fill pipe; and 30 TAC §324.4(1) and (2)(C), 40 CFR §279.24, and THSC, §371.041, by failing to use a registered transporter for the transportation of used oil; PENALTY: $13,500; ENFORCEMENT COORDINATOR: Ed Moderow, (512) 239-2680; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(32) COMPANY: New Horizons Ranch and Center, Incorporated; DOCKET NUMBER: 2003- 1540-PWS-E; IDENTIFIER: PWS Identification Number 1670009, RN101278471; LOCATION: Goldthwaite, Mills County, Texas; TYPE OF FACILITY: childcare center with surface water treatment; RULE VIOLATED: 30 TAC §290.42(d)(11)(B)(vi) and THSC, §341.0315(c), by failing to provide adequate water treatment plant pressure filtration facilities; 30 TAC §290.46(m)(2) and (s)(1), by failing to inspect pressure filters annually and failing to calibrate all flow measuring devices; 30 TAC §290.43(d)(3), by failing to equip the pressure tank with some sanitary means of determining air-to-water ratio; and 30 TAC §290.121(a), by failing to provide an up-to-date chemical and microbiological monitoring plan; PENALTY: $1,093; ENFORCEMENT COORDINATOR: Michael Meyer (512) 239-4492; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(33) COMPANY: Newpark Shipbuilding-Brady Island, Inc.; DOCKET NUMBER: 2003-1502- AIR-E; IDENTIFIER: Air Account Number HG-0076-G; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: barge cleaning and repair; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit an annual compliance certification; and 30 TAC §122.165(a)(8) and THSC, §382.085(b), by failing to include certification by a responsible official; PENALTY: $3,160; ENFORCEMENT COORDINATOR: Rebecca Johnson (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(34) COMPANY: Osteopathic Medical Center of Texas; DOCKET NUMBER: 2004-0155-PST- E; IDENTIFIER: PST Identification Number 56020; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: medical center; RULE VIOLATED: 30 TAC §334.8(c)(5)(B)(ii), by failing to submit a new UST registration and self-certification form in a timely manner; and 30 TAC §37.815(a) and (b), by failing to provide financial assurance; PENALTY: $1,280; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(35) COMPANY: Patterson Petroleum LP; DOCKET NUMBER: 2004-0270-AIR-E; IDENTIFIER: Air Account Number FG-0040-P, RN100900893; LOCATION: Orchard, Fort Bend County, Texas; TYPE OF FACILITY: natural gas production; RULE VIOLATED: 30 TAC §101.359 and THSC, §382.085(b), by failing to submit Form ECT-1, Annual Compliance Report; PENALTY: $720; ENFORCEMENT COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(36) COMPANY: Peak Sulfur, Inc.; DOCKET NUMBER: 2004-0259-AIR-E; IDENTIFIER: Air Account Number JE-0073-N; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: acid regeneration; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(a) and (b), by allowing sulfur dioxide emissions; and 30 TAC §112.3(c) and THSC, §382.085(b), by failing to maintain sulfur dioxide net ground level concentrations; PENALTY: $16,000; ENFORCEMENT COORDINATOR: Walter Lassen, (512) 239-0513; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(37) COMPANY: Gilbert Miles dba R & S Paint and Auto Body; DOCKET NUMBER: 2003- 1561-AIR-E; IDENTIFIER: Air Account Number EE-1463-P, RN101517605; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: auto body paint and repair; RULE VIOLATED: 30 TAC §115.426(1)(B) and THSC, §382.085(b), by failing to maintain records of hours of operation and the usage of coating materials and solvents used; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(38) COMPANY: City of San Angelo; DOCKET NUMBER: 2004-0322-MSW-E; IDENTIFIER: RN103948758; LOCATION: San Angelo, Tom Green County, Texas; TYPE OF FACILITY: pump station; RULE VIOLATED: 30 TAC §327.3(b), by failing to notify the TCEQ of a spill of diesel fuel; and 30 TAC §327.5(a) and the Code, §26.121(a), by failing to immediately abate and contain a spill of diesel fuel; PENALTY: $1,440; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(39) COMPANY: City of San Angelo; DOCKET NUMBER: 2003-1494-IHW-E; IDENTIFIER: RN102983657; LOCATION: San Angelo, Tom Green County, Texas; TYPE OF FACILITY: warehouse; RULE VIOLATED: 30 TAC §335.4 and the Code, §26.121, by failing to prevent the discharge of hazardous waste; 30 TAC §335.62 and 40 CFR §262.11, by failing to perform a hazardous waste determination on generated paint wastes; 30 TAC §335.10(a) and 40 CFR §262.20(a), by failing to manifest the hazardous waste off-site for disposal; 30 TAC §335.2(b) and 40 CFR §270.1(c), by failing to prevent the shipment of hazardous wastes to a facility not authorized to accept it; 30 TAC §335.6(c), by failing to notify the TCEQ of hazardous waste generation activities; 30 TAC §335.63(a) and 40 CFR §262.12(a), by failing to obtain an Environmental Protection Agency (EPA) identification number; and 30 TAC §335.63(b) and 40 CFR §262.12(c), by failing to obtain an EPA identification number prior to the transportation of hazardous waste; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(40) COMPANY: S.D. Harrison dba San Pedro Village; DOCKET NUMBER: 2004-0313- PWS-E; IDENTIFIER: PWS Number 2330046; LOCATION: Del Rio, Val Verde County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(d)(2)(A), by failing to maintain a free chlorine residual; and 30 TAC §290.51(a)(3), §291.76(d)(1), and THSC, §341.041, by failing to pay public health service fees; PENALTY: $105; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 1403 Seymour, Suite 2, Laredo, Texas 78040-8752, (956) 791-6611.

(41) COMPANY: Sitton Oil and Marine Company, Inc. And Momin Neil; DOCKET NUMBER: 2004-0168-PST-E; IDENTIFIER: PST Facility Identification Number 003141, RN101447746; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: gasoline retail sales; RULE VIOLATED: 30 TAC §334.8(c)(5)(B)(i) and (ii), by failing to ensure that a valid, current delivery certificate was posted and failing to renew a previously issued delivery certificate; PENALTY: $616; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(42) COMPANY: Sitton Oil and Marine Company, Inc.; DOCKET NUMBER: 2004-0169-PST- E; IDENTIFIER: RN100523455; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $800; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(43) COMPANY: City of Somerset; DOCKET NUMBER: 2004-0234-MWD-E; IDENTIFIER: TPDES Permit Number 11822-001, RN101609139; LOCATION: Somerset, Bexar County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(2), TPDES Permit Number 11822-001, and the Code, §26.121(a), by failing to comply with permitted effluent limits for TSS and BOD ₅ ; PENALTY: $720; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(44) COMPANY: South Newton Water Supply Corporation; DOCKET NUMBER: 2004-0165- PWS-E; IDENTIFIER: PWS Number 1760022; LOCATION: Deweyville, Newton County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(g) and (q)(1) and (2), by failing to collect and submit water samples for biological analysis and failing to issue a boil water notification to affected customers; PENALTY: $424; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(45) COMPANY: Southwest Convenience Stores, LLC dba 7 Eleven 57625; DOCKET NUMBER: 2004-0033-AIR-E; IDENTIFIER: Air Account Number EE-1174-C; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by allowing the transfer of gasoline with a RVP greater than seven psia; and 30 TAC §334.22(a), by failing to pay annual UST fees; PENALTY: $816; ENFORCEMENT COORDINATOR: Maurico Olaya, (915) 834-4949; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(46) COMPANY: Superior Manufactured Homes, Inc. Dba Garden Acres Subdivision; DOCKET NUMBER: 2003-0667-PWS-E; IDENTIFIER: PWS Number 0920031; LOCATION: Longview, Gregg County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(ii) and (iii) and THSC, §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection and provide two or more pumps having a total capacity of two gallons per minute per connection; PENALTY: $788; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701- 3756, (903) 535-5100.

(47) COMPANY: T & C Tires, Inc.; DOCKET NUMBER: 2004-0178-AIR-E; IDENTIFIER: RN103059234; LOCATION: Garland, Dallas County, Texas; TYPE OF FACILITY: muffler and brake shop; RULE VIOLATED: 30 TAC §114.20(b)(2)(A) and THSC, §382.085(b), by failing to replace the catalyst system to the original manufacturers specification; PENALTY: $400; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(48) COMPANY: TXU Generation Company L.P.; DOCKET NUMBER: 2004-0176-IWD-E; IDENTIFIER: TPDES Permit Number 01251; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 01251, and the Code, §26.121(a), by failing to comply with the permitted limits for TSS and pH; PENALTY: $2,240; ENFORCEMENT COORDINATOR: David VanSoest, (512) 239-0468; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(49) COMPANY: Temple-Inland Forest Products Corporation; DOCKET NUMBER: 2003- 1302-AIR-E; IDENTIFIER: Air Account Number AC-0018-W, Air Permit Numbers 5207/PSD-TX- 865, O-01778, 6075, and 33426; LOCATION: Diboll, Angelina County, Texas; TYPE OF FACILITY: dimensional lumber sawmill, medium and low density fiberboard mill, a particle board mill, and laminating; RULE VIOLATED: 30 TAC §§101.20(3), 111.111(a)(1)(B), 116.115(b)(2)(G) and (c), Air Permit Number 5207/PSD-TX-865, and THSC, §382.085(b), by failing to maintain and record dryer inlet temperatures, failing to conduct daily opacity readings, failing to maintain compliance with the permitted allowable of 1.3 pounds per hour (lbs/hr) for particulate matter and zero capacity, failing to operate at maximum temperatures, failing to comply with the permitted VOC emission limit, and failing to maintain opacity at the allowable limit of 20%; 30 TAC §116.115(c), Air Permit Number 6075, and THSC, §382.085(b), by failing to maintain compliance with the fiberboard boiler fuel limitation of 486 lbs/hr of laminating biomass; 30 TAC §101.201(b)(7), §116.115(9), Air Standard Permit Number 33426, and THSC, §382.085(b), by failing to record all emission constituents; 30 TAC §116.615(2), Air Standard Permit Number 33426, and THSC, §382.085(b), by failing to maintain compliance with the emission limits in the permit representations; 30 TAC §106.433(6)(A) and (8)(B) and THSC, §382.085(b), by failing to maintain compliance with the permit by rule six pounds per hour VOC limit for surface coating and failing to record the daily coating and solvent usage; and 30 TAC §122.145(2)(A), Air Permit Number O-01778, and THSC, §382.085(b), by failing to report a deviation; PENALTY: $36,070; ENFORCEMENT COORDINATOR: Laura Clark, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(50) COMPANY: Mahammad Ataur Rahaman dba Texaco Prime Stop 2; DOCKET NUMBER: 2004-0340-PST-E; IDENTIFIER: PST Facility Identification Number 7444, RN101442820; LOCATION: Greenville, Hunt County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2)(A)(i)(III) and (d)(1)(B)(ii) and the Code, §26.3475(a), by failing to provide the piping test, failing to test the line leak detectors, and failing to maintain monthly reconciled inventory control records; PENALTY: $3,160; ENFORCEMENT COORDINATOR: Jill Reed, (915) 570-1359; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(51) COMPANY: Texas Department of Transportation; DOCKET NUMBER: 2003-1370- MWD-E; IDENTIFIER: TPDES Permit Number 11959-001; LOCATION: near Dallas, Ellis County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11959-001, and the Code, §26.121, by failing to comply with permitted effluent limits for TSS; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(52) COMPANY: Thalia Water Supply Corporation; DOCKET NUMBER: 2003-0267-PWS-E; IDENTIFIER: PWS Number 0780013; LOCATION: Thalia, Foard County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(F) and (f)(3) and THSC, §341.031(a), by failing to collect and submit additional routine water samples for bacteriological analysis and exceeding the maximum contaminant level for total coliform; 30 TAC §290.122(c), by failing to provide public notice related to its monitoring violations; and 30 TAC §290.51, by failing to pay public health service fees; PENALTY: $2,800; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(53) COMPANY: Alarico Trevino; DOCKET NUMBER: 2004-0526-OSI-E; IDENTIFIER: On- Site Sewage Facility (OSSF) License Number OS0008066; LOCATION: Edinburg, Hidalgo County, Texas; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: 30 TAC §285.61(3), by failing to provide true and accurate information on an application or any other documentation; and 30 TAC §§285.33(b), 285.61(6), and 285.91(13), by failing to construct on OSSF compliant with design criteria; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239- 0789; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425- 6010.

(54) COMPANY: Russell Wayne Turner; DOCKET NUMBER: 2004-0041-OSI-E; IDENTIFIER: OSSF License Number OS0007985 (Expired); LOCATION: Buffalo Gap, Taylor County, Texas; TYPE OF FACILITY: on-site sewage; RULE VIOLATED: 30 TAC §285.61(4), (5), (7), and (11), by failing to obtain documentation that the owner had the permitting authority's authorization to construct, by failing to notify the permitting authority of the date construction began, by failing to construct an OSSF that had been authorized by the permitting authority for the specific location identified, and by failing to request the initial, final, and any other required inspection or inspections from the permitting authority; 30 TAC §285.33(c)(2)(A) and (b)(1)(A)(v), §285.61(6), and THSC, §366.004, by failing to construct the OSSF to meet the minimum criteria by 30 TAC Chapter 285, use the correct formula for sizing of the leaching chambers, and to level the bottom of the excavation; and 30 TAC §285.3(b)(1) and §285.30(a), by failing to submit planning materials and a site evaluation; PENALTY: $1,400; ENFORCEMENT COORDINATOR: Christina McLaughlin, (512) 239-6589; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(55) COMPANY: U.S. Minerals, LLC dba Stan Blast Abrasives; DOCKET NUMBER: 2004- 0027-AIR-E; IDENTIFIER: Air Account Number GB-0132-B; LOCATION: Galveston, Galveston County, Texas; TYPE OF FACILITY: abrasive manufacturing; RULE VIOLATED: 30 TAC §111.111(a)(1)(B) and THSC, §382.085(b), by failing to prevent opacity from exceeding 20%; 30 TAC §116.115(b)(1), Air Permit Number 18048, and THSC, §382.085(b), by failing to maintain all air pollution abatement equipment; and 30 TAC §101.201(e) and THSC, §382.085(b), by failing to notify the regional office after the discovery of an excess opacity event; PENALTY: $2,675; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(56) COMPANY: Union Water Supply Corporation; DOCKET NUMBER: 2004-0160-MWD-E; IDENTIFIER: TPDES Permit Number 13842-001, RN102915501; LOCATION: Garciasville, Starr County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (5) and TPDES Permit Number 13842-001, by failing to submit notice of any planned physical alterations or additions to the facility, failing to submit a closure plan, and failing to ensure that the facultative lagoon is properly operated and maintained; 30 TAC §317.4(b)(4), by failing to provide suitable containers with lids for holding waste from manual bar screens; and 30 TAC §317.7(e), by failing to ensure that the facility area is completely fenced; PENALTY: $2,520; ENFORCEMENT COORDINATOR: Chris Friesenhahn, (210) 490-3096; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(57) COMPANY: David Vrazel; DOCKET NUMBER: 2003-0401-OSI-E; IDENTIFIER: RN100843184; LOCATION: Uhland, Hays County, Texas; TYPE OF FACILITY: residences; RULE VIOLATED: 30 TAC §285.70, THSC, §366.017(a) and (b), and the Code, §26.121(1), by failing to repair two malfunctioning OSSF systems and allowing the discharge of sewage to the waters of the state; and 30 TAC §285.3(b)(1) and THSC, §366.051(a), by failing to obtain a permit and an approved plan to alter or repair two failing OSSF systems; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Lori Thompson, (903) 535-5100; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(58) COMPANY: Williams Field Services Group, Inc. dba Markham Gas Processing Plan and Black Marlin Texas City; DOCKET NUMBER: 2003-1566-AIR-E; IDENTIFIER: Air Account Numbers MH-0172-S and GB-0156-K; LOCATION: Markham and Texas City, Matagorda and Galveston Counties, Texas; TYPE OF FACILITY: cryogenic plant and pipeline company; RULE VIOLATED: 30 TAC §106.352(2) and THSC, §382.085(a) and (b), by failing to obtain a permit or meet the requirements of a permit by rule; 30 TAC §101.201(a)(1)(B), by failing to notify the commission of the discovery of an emission event; THSC, §382.085(a), by failing to prevent the release of unauthorized emissions; 30 TAC §111.111(a)(4)(A)(ii), by failing to record 98% of the required daily flare observations; 30 TAC §101.6(b)(5) - (7), by failing to identify the air contaminants released; 30 TAC §101.7(c)(5) and (b)(6) and (7), by failing to identify the air contaminants released, include the estimated total quantities of each air contaminant, and identify the actions taken to minimize the emissions from scheduled maintenance; and 30 TAC §101.201(b)(1) - (11), by failing to identify in the final record the name of the owner or operator, the physical location, the estimated total quantities, the authorization governing the facility, the basis used for determining the quantity of air contaminants, and the actions taken, or being taken, to correct the emissions event; PENALTY: $86,550; ENFORCEMENT COORDINATOR: John Barry, (409) 898- 3838; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.

(59) COMPANY: Xuan, Inc. dba Mercury Drive In; DOCKET NUMBER: 2004-0105-PST-E; IDENTIFIER: PST Facility Identification Number 0033838; LOCATION: near Jacinto City, Harris County, Texas; TYPE OF FACILITY: convenience store; RULE VIOLATED: 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that at least one facility representative received training and instruction; 30 TAC §334.7(d)(1)(A), by failing to provide written notice of change in ownership; 30 TAC §115.246(1), (3), and (5), and THSC, §382.085(b), by failing to maintain a copy of the California Air Resources Board Executive Order, failing to maintain a record of the results of the Stage II testing, and failing to maintain a record of any maintenance conducted on the Stage II equipment; 30 TAC §115.226(1) and THSC, §382.085(b), by failing to maintain a record at the facility site of the dates on which gasoline was delivered to the dispensing facility; 30 TAC §115.244(1) and (3) and THSC, §382.085(b), by failing to conduct daily inspections for the Stage II vapor recovery system and failing to conduct monthly inspections of the components; and 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to maintain all components of the Stage II vapor recovery system in proper operating condition and free of defects; PENALTY: $4,750; ENFORCEMENT COORDINATOR: Stacey Young, (512) 239-1899; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200403344

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 18, 2004

The Texas Commission on Environmental Quality (commission) is soliciting nominations to fill several vacant positions on the Pollution Prevention Advisory Committee (PPAC) established under Texas Health and Safety Code, §361.0215. The legislatively created advisory committee advises the commission on the state's policy and goals for pollution prevention and waste minimization.

Individuals interested in being considered by the commission should submit a one page letter of interest and brief resume or biography. All materials must be received by the commission no later than 5:00 p.m. on June 21, 2004.

The PPAC is composed of nine voting members who offer a balanced representation of environmental and public interest groups and the regulated community. The nine official members are represented by: four environmental or public interest representatives; four regulated community representatives; and one academic representative.

The commission may appoint ex officio members to provide additional participation from other members of the regulated community and the public who work on pollution prevention and performance-based regulatory initiatives. The commission currently has designated eight ex officio positions including one representative from each of the following sectors: small business, local government, agriculture, Department of Defense, labor, and the Clean Texas, Cleaner World Program. The commission also extends ex officio positions to the Chairs of the House Environmental Regulation Committee and the Senate Natural Resources Committee.

The PPAC advises the commission on: the appropriate organization of state agencies and the financial and technical resources required to aid the state in its efforts to promote waste reduction and minimization; the development of public awareness programs to educate citizens about hazardous waste and the appropriate disposal of hazardous waste and hazardous materials that are used and collected by households; the provision of technical assistance to local governments for the development of waste management strategies designed to assist small quantity generators of hazardous waste; and other possible programs to more effectively implement the state's hierarchy of preferred waste management technologies as set forth in Texas Health and Safety Code, §361.023(a). The PPAC also advises the commission on the creation and implementation of the strategically directed regulatory structure developed under Texas Water Code, §5.755, and reports quarterly to the commission on its activities, including suggestions or proposals for future activities and other matters the committee considers important.

The PPAC operates under the requirements of 30 TAC Chapter 5, Advisory Committees. The PPAC meets a minimum of four times per year and as needed. Members may not miss three consecutive regularly scheduled meetings or more than half of all the regularly scheduled meetings in a one-year period. The meetings usually last one full day and are held at the commission headquarters in Austin, Texas.

Travel reimbursement for committee member expenses was not authorized by the 78th Texas Legislature and therefore committee members cannot be reimbursed by the commission. Several committee members are exploring a mechanism to provide for third party reimbursement, especially for environmental and civic organization representatives. The PPAC must report in writing to the commission a minimum of once per year, unless otherwise directed.

The commissioners invite nominations for the following positions. Each nomination should include a brief cover letter and biographical summary which includes the individual's experience and qualifications, and an agreement to serve on the committee if appointed.

Except as otherwise provide by law, advisory committee members may serve two-or four-year terms. Please submit nomination(s) for consideration by the commission for the following terms:

One representative from an environmental or public interest group to fill the open position resulting from the resignation by Reggie James, Southwest Office Consumers Union (four-year term to expire on August 31, 2005);

Two representatives from an environmental or public interest group (vacant four-year terms to expire on August 31, 2007);

Two representatives from the regulated community (four-year terms to expire on August 31, 2007);

One representative from academia (four-year term to expire on August 31, 2005); and

At least two ex officio positions (two-year terms to expire on August 31, 2005) to fill vacant positions, including potential appointments for local government, labor organization, and other interested parties.

Written nominations must be received in the Small Business and Environmental Assistance Division Office by 5:00 p.m. on June 21, 2004 via mail, hand delivery, email, or fax. Nominations should be directed to: Ken Zarker, Small Business and Environmental Assistance Division (MC 112), Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, e-mail to kzarker@tceq.state.tx.us , or fax to (512) 239-3165. Documents can be submitted via hand delivery to the Small Business and Environmental Assistance Division, 12100 Park 35 Circle, Building F, Room 1301, Austin, Texas 78753. Questions regarding the PPAC can be directed to Mr. Zarker at (512) 239-3145.

TRD-200403369

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: May 18, 2004

On September 20, 2002, the Deputy Administrator of the Drug Enforcement Administration (DEA) issued a notice of intent temporarily placing the substance N-benzylpiperazine (BZP) and 1-(3-trifluoromethylphenyl) piperazine (TFMPP), including their optical isomers, salts, and salts of isomers into Schedule I of the Federal Controlled Substances Act (CSA). On March 18, 2004, the Acting Deputy Administrator of the DEA issued a final rule, vacating the orders temporarily placing BZP and TFMPP into Schedule I of the CSA. The final rule placed BZP permanently into Schedule I; however, there was insufficient evidence to place TFMPP into Schedule I permanently.

Pursuant to §481.034(g) of the Texas Controlled Substances Act, Health and Safety Code, Chapter 481, at least 31 days have expired since notice of the above referenced action was published in the Federal Register, and Eduardo J. Sanchez, M.D., M.P.H. on April 27, 2004, in his capacity as Commissioner of Health, ordered that the substance 1-(3-trifluoromethylphenyl) piperazine (TFMPP), including its optical isomers, salts, and salts of isomers be removed from Schedule I of the Texas Controlled Substances Act. Schedule I of said Act is hereby amended to read as follows. The amendment will be effective 21 days following the date of publication of this notice.

SCHEDULE I

Schedule I consists of:

Schedule I opiates ***

Schedule I opium derivatives ***

Schedule I hallucinogenic substances

unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances or that contains any of the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation (for the purposes of this Schedule I hallucinogenic substances section only, the term "isomer" includes optical, position, and geometric isomers):

(1) Alpha-ethyltryptamine (some trade or other names: etryptamine; Monase; alpha- ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; alpha-ET; AET);

(2) 4 bromo 2,5 dimethoxyamphetamine (some trade or other names: 4 bromo-2,5 dimethoxy alpha methylphenethylamine; 4 bromo 2,5 DMA);

(3) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other names: Nexus; 2C-B; 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB);

(4) 2,5 dimethoxyamphetamine (some trade or other names: 2,5 dimethoxy alpha methylphenethylamine; 2,5 DMA);

(5) 2,5-dimethoxy-4-ethylamphetamine (some trade or other names: DOET);

(6) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its optical isomer, salts and salts of isomers;

(7) 5 methoxy 3,4 methylenedioxy-amphetamine;

(8) 4 methoxyamphetamine (some trade or other names: 4 methoxy alpha methylphenethylamine; paramethoxyamphetamine; PMA);

(9) 1 methyl 4 phenyl 1,2,5,6 tetrahydro pyridine (MPTP);

(10) 4 methyl 2,5 dimethoxyamphetamine (some trade and other names: 4 methyl 2,5 dimethoxy alpha methyl phenethylamine; "DOM"; and "STP");

(11) 3,4 methylenedioxy-amphetamine;

(12) 3,4 methylenedioxy-methamphetamine (MDMA, MDM);

(13) 3,4 methylenedioxy-N ethylamphetamine (some trade or other names: N ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine; N-ethyl MDA; MDE; MDEA);

(14) 3,4,5 trimethoxy amphetamine;

(15) N hydroxy 3,4 methylenedioxyamphetamine (Also known as N hydroxy MDA);

(16) Bufotenine (some trade and other names: 3-(beta-Dimethylaminoethyl) 5 hydroxyindole; 3 (2 dimethylaminoethyl) 5 indolol; N,N dimethylserotonin; 5 hydroxy N,N dimethyltryptamine; mappine);

(17) Diethyltryptamine (some trade and other names: N,N Diethyltryptamine; DET);

(18) Dimethyltryptamine (some trade and other names: DMT);

(19) Ethylamine Analog of Phencyclidine (some trade or other names: N ethyl 1 phenylcyclohexylamine; (1 phenylcyclohexyl) ethylamine; N (1 phenylcyclohexyl)-ethylamine; cyclohexamine; PCE);

(20) Ibogaine (some trade or other names: 7 Ethyl 6,6-beta, 7,8,9,10,12,13 octhydro 2 methoxy 6,9 methano-5H-pyrido[1',2':1,2]azepino[5,4 b] indole; taber-nanthe iboga);

(21) Lysergic acid diethylamide;

(22) Marihuana;

(23) Mescaline:

(24) N-benzylpiperazine (some other names: BZP; 1-benzylpiperazine), its optical isomers, salts and salts of isomers;

(25) N ethyl 3 piperidyl benzilate;

(26) N methyl 3 piperidyl benzilate;

(27) Parahexyl (some trade or other names: 3 Hexyl 1 hydroxy 7,8,9,10 tetrahydro 6,6,9 trimethyl 6H dibenzo[b,d]pyran; Synhexyl);

(28) Peyote, unless unharvested and growing in its natural state, meaning all parts of the plant classified botanically as Lophophora, whether growing or not, the seeds of the plant, an extract from a part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or extracts;

(29) Psilocybin;

(30) Psilocin;

(31) Pyrrolidine analog of phencyclidine (some trade or other names: 1-(1 phenyl-cyclohexyl)-pyrrolidine, PCPy, PHP);

(32) Tetrahydrocannabinols;

(33) Synthetic equivalents of the substances contained in the plant Cannabis, or in the resinous extractives of that plant, and synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as: delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers; (Compounds of these structures, regardless of numerical designation of atomic positions, since nomenclature of these substances is not internationally standardized);

(34) Thiophene analog of phencyclidine (some trade or other names:1 [1 (2 thienyl)cyclohexyl]piperidine; 2 thienyl analog of phencyclidine; TPCP); and,

(35) 1 [1 (2 thienyl)cyclohexyl]pyrrolidine (some trade or other names: TCPy). *[deleted no. 36]

Schedule I stimulants * * *

Schedule I depressants * * *

Changes to the schedules are designated by an asterisk (*)

TRD-200403345

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 18, 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 Bobby Matthews (Texas Radiographer Identification Number 002037) of Huffman. A total penalty of $5,000 is proposed to be assessed the radiographer 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-200403393

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 19, 2004

Notice is hereby given that the Bureau of Radiation Control (bureau), Texas Department of Health (department), issued a notice of violation and proposal to assess an administrative penalty to Methodist Hospitals of Dallas, doing business as Charlton Methodist Hospital (registrant-M00378) of Dallas. 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-200403394

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 19, 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 Raven Inspection and Testing, Inc. (licensee-L05219) of Huffman. A total penalty of $10,000 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-200403392

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 19, 2004

The Health and Human Services Commission, State Medicaid Office, has received approval from the Centers for Medicare and Medicaid Services to amend the Title XIX Medical Assistance Plan by Transmittal Number 03-18, Amendment Number 653.

This amendment eliminates the use of the proxy methodology from the Texas Medicaid Disproportionate Share Hospital Program. The state had allowed hospitals, which were unable to calculate their uninsured charges for inpatients and outpatients, to receive a proxy calculation. The elimination of the proxy methodology requires hospitals to calculate their uninsured charges for inpatients and outpatients. The effective date of the amendment is September 1, 2003.

For more information, please contact Winnie Rutledge, Policy Analyst at 512 491-1320.

TRD-200403295

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: May 17, 2004

The Texas Health and Human Services Commission announces its intent to submit Transmittal Number 04-14, Amendment Number 678, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. Amendment Number 678 provides for supplemental payments to a publicly owned hospital or hospital affiliated with a hospital district in Potter and Randall counties for inpatient services provided to Medicaid patients. The supplemental payment shall not exceed the difference between total annual Medicaid payments and the federal upper payment limits established in 42 CFR 447.272. The purpose of the supplemental payment is to recognize the unique role of urban public safety-net hospitals play in the Texas healthcare delivery system for the Medicaid population. As a result, the State seeks to ensure that Medicaid payments are commensurate with Medicare payments and/or payment principles.

The proposed amendment is to be effective May 29, 2004. The proposed amendment is estimated to result in increased expenditures of approximately $8,778,992 for fiscal year 2004, and $14,834,870 for fiscal year 2005.

Copies of the proposed change in methodology will be available for public review at local offices of the Texas Department of Human Services.

Comments, questions or requests for additional information should be forwarded to Scott Reasonover, Texas Health and Human Services Commission, 1100 West 49th Street, Austin, Texas 78756, (512) 491-1348.

TRD-200403292

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: May 17, 2004

The Texas Health and Human Services Commission announces its intent to amend the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.

Transmittal Number 04-06, Amendment Number 673 removes targeted case management services provided to individuals who were enrolled in the Mental Retardation Local Authorities (MRLA) program. The amendment does not impact the current rate for targeted case management for persons with mental retardation or related condition or pervasive developmental disability because individuals who were enrolled in MRLA have been enrolled in Home Care Services, which already has a case management component.

There is no anticipated fiscal impact as a result of this amendment.

For further information, contact Winnie Rutledge, Texas Health and Human Services Commission, 1100 West 49th Street, Austin, Texas 78756, (512) 491-1320.

TRD-200403293

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: May 17, 2004

The Legislative Budget Board (LBB) announces this notice of contract award.

The original notice of request for proposals (HB7.2004.SPR.0004) was published in the April 2, 2004, issue of the Texas Register (29 TexReg 3531).

The consultant will advise and assist the LBB in conducting a management and performance review of the South San Antonio Independent School District.

The contract is awarded to SDSM, Inc. located at P.O. Box 27619, Austin, TX 78755. The total amount of the contract is estimated at $175,000. The contract was executed on April 23, 2004. The term of the contract is April 23, 2004 until November 30, 2004. The final report is due on August 13, 2004.

TRD-200403230

John O'Brien

Deputy Director

Legislative Budget Board

Filed: May 12, 2004

The Legislative Budget Board (LBB) announces this notice of contract award.

The original notice of request for proposals (HB7.2004.HE.0001) was published in the April 2, 2004, issue of the Texas Register (29 TexReg 3531).

The consultant will advise and assist the LBB in conducting a management and performance review of Texas A&M University.

The contract is awarded to MGT of America, located at 502 E. 11th Street, Suite 300, Austin, TX 78701. The total amount of the contract is estimated at $479,910. The contract was executed on May 7, 2004. The term of the contract is May 7, 2004 until October 31, 2004. The final report is due on September 4, 2004.

TRD-200403267

John O'Brien

Deputy Director

Legislative Budget Board

Filed: May 14, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on May 11, 2004, for retail electric provider (REP) certification, pursuant to §§39.101- 39.109 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of Cellatel Telecom & Energy Group for Retail Electric Provider (REP) certification, Docket Number 29695 before the Public Utility Commission of Texas.

Applicant's requested service area by geography or/service area by customers is unknown.

Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 7, 2004. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29695.

TRD-200403350

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 18, 2004

On May 10, 2004, Universal Telephone Exchange, 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 60553. Applicant intends to expand its geographic area to include the entire State of Texas.

The Application: Application of Universal Telephone Exchange, Inc. for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 29691.

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 3, 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 29691.

TRD-200403351

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 18, 2004

Notice is given to the public of an application filed on May 13, 2004, with the Public Utility Commission of Texas (commission) for a name change.

Docket Style and Number: Application of Consolidated Communications of Texas Company for a Name Change Amendment to its Certificate of Convenience and Necessity (CCN). Docket Number 29713.

The Application: Consolidated Communications of Texas Company filed an application to amend CCN Number 40054 awarded to TXU Communications (TXUC). TXUC informed the commission that on May 4, 2004, TXUC amended its articles of incorporation on file with the Texas Secretary of State. These amendments changed the legal name of the entity from TXUC to Consolidated Communications of Texas Company.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas, by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 29713.

TRD-200403349

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 18, 2004

Notice is given to the public of an application filed on May 13, 2004, with the Public Utility Commission of Texas (commission) for a name change.

Docket Style and Number: Application of Consolidated Communications of Fort Bend Company for a Name Change Amendment to its Certificate of Convenience and Necessity (CCN). Docket Number 29712.

The Application: Consolidated Communications of Fort Bend Company filed an application to amend CCN Number 40031 awarded to Fort Bend Telephone Company d/b/a TXU Communications (FBTC). FBTC informed the commission that on May 4, 2004, FBTC amended its articles of incorporation on file with the Texas Secretary of State. These amendments changed the legal name of the entity from FBTC to Consolidated Communications of Fort Bend Company.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas, by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 29712.

TRD-200403348

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 18, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on May 14, 2004, to amend a certificate of convenience and necessity in Kendall and Bexar Counties, Texas.

Docket Style and Number: Application of LCRA Transmission Services Corporation to Amend its Certificate of Convenience and Necessity for a 138-kV Transmission Line in Kendall and Bexar Counties. Docket Number 29684.

The Application: LCRA Transmission Services Corporation (LCRA TSC) proposed a transmission line project designated the Hill Country Substation/Transmission Line Project. The proposed line is approximately 3.8 miles long. LCRA TSC proposed a completion date of May 2006. LCRA TSC stated the proposed line is needed by the summer of 2006 to ensure electric service adequacy and reliability to loads serviced in the Kendall County area.

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, on or before June 28, 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 29684.

TRD-200403352

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 18, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on May 14, 2004, for an amendment to certificated service area boundaries within Cameron County, Texas.

Docket Style and Number: Application of the Brownsville Public Utilities Board (BPUB) to Amend a Certificate of Convenience and Necessity for Service Area Boundaries within Cameron County (El Valle Grande Sections IX and X). Docket Number 29716.

The Application: The application encompasses an area of land which is singly certificated to American Electric Power Company (AEP), formerly known as Central Power & Light (CP&L), and is within the corporate limits of the City of Brownsville (City). BPUB received a letter request to provide electric utility service to two residential subdivisions called El Valle Grande Subdivision IX and El Valle Grande Subdivision X located off of FM 3248. El Valle Grande Subdivision IX is 23.452 acres and El Valley Grande Subdivision X is 25.436 acres. There are no electric distribution facilities within the proposed area. The estimated cost to BPUB to provide service to this proposed area is $323,834.41.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas no later than June 8, 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 29716.

TRD-200403353

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 18, 2004

The staff of the Public Utility Commission of Texas (commission) will hold a workshop regarding the effects of Chapter 58 and Chapter 59 incentive regulation, on Wednesday, June 23, 2004 at 9:00 a.m. in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Pursuant to Public Utility Regulatory Act (PURA) §58.028, Project Number 29072, Report to the 79th Texas Legislature on Chapter 58 and Chapter 59 Incentive Regulation has been established for this proceeding. The commission must report to the Legislature on the effects of the election of Chapter 58 and Chapter 59 incentive regulation not later than January 1, 2005. Information regarding this project, including the agenda for the workshop, will be posted at the following commission website: http://www.puc.state.tx.us/telecomm/projects/29072/29072.cfm.

House Bill 2128 was enacted in 1995 and established provisions in Chapters 58 and 59 of PURA that allow incumbent telephone companies (ILECs) the option of electing into a new regulatory framework based on pricing incentives rather than on rate of return. Under this "incentive" regulation, the electing ILEC is not subject to earnings reviews or complaints as to reasonableness of its rates, revenues, or earnings. In return, the electing ILEC commits to infrastructure modernization, and to providing special rates to specified public entities (e.g., schools, libraries, and telemedicine centers of public or non-profit medical institutions) for certain private network services. These provisions of PURA were continued by Senate Bill 560 (SB 560), which was enacted in 1999 and increased flexibility for electing ILECs in pricing and packaging telecommunications services. Pricing flexibility includes customer-specific contracts, volume, term or discount pricing, zone density pricing, and other forms of promotional pricing. Under SB 560, electing ILECs must give the commission ten days' notice before changing their prices.

Currently, companies that have elected incentive regulation under Chapter 58 include Verizon, SBC, Sprint, Valor, Fort Bend Telephone, and TXU Communications (formerly Lufkin- Conroe). Companies that have elected incentive regulation under Chapter 59 include Sugar Land, Century Tel, Kerrville, Texas ALLTEL, and Big Bend.

The commission requests interested persons file comments to address the following questions:

1. For companies that have elected incentive regulation under Chapter 58 or Chapter 59, please describe in detail, using facts and concrete examples, the effects of that election on consumer benefits, including the effects on:

(a) the Texas business community, including small, medium, and large businesses;

(b) Texas residential consumers; and

(c) libraries and educational institutions.

2. For companies that have elected incentive regulation under Chapter 58 or Chapter 59, please describe in detail, using facts and concrete examples, the effects of that election on competition.

3. For companies that have elected incentive regulation under Chapter 58 or Chapter 59, please describe in detail, using facts and concrete examples, the effects of that election on quality of service.

4. For companies that have elected incentive regulation under Chapter 58 or Chapter 59, please describe in detail, using facts and concrete examples, the effects of that election on infrastructure investments. Please include discussion as to whether the phone companies that have elected into incentive regulation have met the infrastructure commitments required by PURA Chapter 58, Subchapters F and G, and Chapter 59, Subchapters C and D, including infrastructure commitments regarding:

(a) libraries and educational institutions;

(b) telemedicine centers; and

(c) public or not-for-profit hospitals or not-for-profit heath care centers.

5. Based on the responses to questions 1 - 4 above, should the incentive regulation provided by Chapters 58 and 59 be extended, modified, eliminated, or replaced with another form of regulation? Please explain why or why not.

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. All responses should reference Project Number 29072. The commission requests that comments be limited to 30 pages.

Parties are urged to include everything they wish to discuss in their comments, however the Commission requests that parties identify the question for which a response is being provided, and respond to the questions in sequential order. If parties wish to present anything at the workshop that was not included with the comments, it must be filed in Central Records no later than 3:00 p.m. on June 21, 2004.

Prior to the workshop the commission shall make available in Central Records under Project Number 29072 an agenda for the format of the workshop.

Questions concerning the workshop or this notice should be referred to Marshall Adair, Director Telecommunications and Electric Policy Analysis, Policy Development Division, 512- 936-7214. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200403381

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 19, 2004