The Texas Building and Procurement Commission (TBPC), on behalf of the Texas Department of Criminal Justice (TDCJ), announces the issuance of Request for Proposals (RFP) #303-5-10934 . TBPC seeks a 10 year lease of approximately 19,801 square feet of office space or 10,384 square feet of office space and 10,359 square feet of office space in the San Antonio area, Bexar County, Texas.

The deadline for questions is May 3, 2005, and the deadline for proposals is May 10, 2005 at 3:00 P.M. The award date is July 1, 2005. TBPC reserves the right to accept or reject any or all proposals submitted. TBPC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TBPC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting TBPC Purchaser Kenneth Ming at (512) 463-2743. A copy of the revised RFP may be downloaded from the Electronic State Business Daily at http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=58461.

TRD-200501535

Kenneth Ming

Purchaser

Texas Building and Procurement Commission

Filed: April 13, 2005

The Texas Building and Procurement Commission (TBPC), on behalf of the Office of Attorney General (OAG), announces the issuance of a Request for Proposals (RFP) #303-5-10980 . TBPC seeks a five (5) year lease of approximately 7,246 sq. ft. of office space in Houston, Harris County, Texas.

The deadline for questions is May 3, 2005 and the deadline for proposals is May 10, 2005 at 3:00 P.M. The award date is May 20, 2005. TBPC reserves the right to accept or reject any or all proposals submitted. TBPC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TBPC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting TBPC Purchaser Kenneth Ming at (512) 463-2743. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.tbpc.state.tx.us/1380/bid_show.cfm?bidid=58506.

TRD-200501626

Kenneth Ming

Purchaser

Texas Building and Procurement Commission

Filed: April 20, 2005

Notice is given that the following application has been filed with the Credit Union Department and is under consideration:

An application for a name change was received from BP Employees Credit Union, Alvin, Texas. The credit union is proposing to change its name to Brazos Community 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. 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-200501623

Harold E. Feeney

Commissioner

Credit Union Department

Filed: April 20, 2005

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

An application was received from Neighborhood Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit persons who work, reside or attend school in Ellis County, Texas, to be eligible for membership in the credit union.

An application was received from Credit Union of Texas, Dallas, Texas to expand its field of membership. The proposal would permit members and employees of Pintail Youth Ranch, Inc. to be eligible for membership in the credit union.

An application was received from Capitol Credit Union, Austin, Texas to expand its field of membership. The proposal would permit persons who live, work, attend school, or worship in, and businesses located within Travis County, Texas, to be eligible for membership in the credit union.

An application was received from National 1st Credit Union, San Ysidro, California, to expand the field of membership of its branch offices located in Arlington, Texas. The proposal would permit persons who live, work, worship or attend school in, businesses and other legal entities located in the following United States Postal Zip Codes in Tarrant County, Texas: 75603, 76001, 76002, 76014, 76015, 76016, 76017, 76018, 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-200501622

Harold E. Feeney

Commissioner

Credit Union Department

Filed: April 20, 2005

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

Application(s) to Expand Field of Membership - Approved

Texas Trust Credit Union (#1 & #2), Grand Prairie, Texas (Amended)- Persons who reside, work, worship or attend school in and businesses located within a 10-mile radius of the offices of Texas Trust Credit Union located at: 109 West F.M. 1382, Cedar Hill, TX 75104 and 1900 Country Club Drive, Mansfield, TX 76063.

Scott & White Employees Credit Union, Temple, Texas- See Texas Register issue dated January 28, 2005.

Application(s) to Amend Articles of Incorporation- Approved

Coastal Community & Teachers Credit Union, Corpus Christi, Texas- See Texas Register issue dated February 25, 2005.

Application(s) for a Foreign Branch Office- Approved

National 1st Credit Union (2), Arlington, Texas- Approved pursuant to Texas Finance Code §122.005(b), which grants the Commissioner the authority to waive or delay public notice of an action.

TRD-200501625

Harold E. Feeney

Commissioner

Credit Union Department

Filed: April 20, 2005

The East Texas Council of Governments (ETCOG) is a political sub-division of the State of Texas governing the 14 county Uniform Planning Region 6, is soliciting proposals for independent audit services for fiscal year 2004-2005.

Audit will cover federal and state grants and all other programs administered by ETCOG for the twelve-month fiscal year ending September 30, 2005. Audit must comply with the Single Audit Act and related amendments as well as applicable Office of Management and Budget Circulars.

Potential respondents may request to obtain a copy of the RFP after April 21, 2005. The deadline for receipt of proposals will be 5:00 p.m. Thursday, May 12, 2005.

Persons or organizations wishing to obtain a copy of the RFP should request by letter, email or by phone. Request letters should be addressed to Judy Durland, CPA, Director of Finance, East Texas Council of Governments, 3800 Stone Road, Kilgore Texas 75662. Phone calls should be made to (903)984-8641 or email at judy.durland@twc.state.tx.us.

TRD-200501553

Glynn Knight

Executive Director

East Texas Council of Governments

Filed: April 15, 2005

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 May 30, 2005 . 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 May 30, 2005 . 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: City Wide Properties Windfern, Inc. dba Quik N Easy 3; DOCKET NUMBER: 2004-1708-PST-E; TCEQ ID NUMBERS: 44588 and RN102358603; LOCATION: 8360 Windfern Road, Houston, Harris 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 underground storage tanks (USTs); PENALTY: $3,210; STAFF ATTORNEY: Courtney Hill, Litigation Division, MC 175, (512) 239-2436; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Enedina Garza dba G & S Mart; DOCKET NUMBER: 2004-1298-PST-E; TCEQ ID NUMBERS: 31104 and RN102424827; LOCATION: 503 South Bridge Street, Suite A, Hidalgo, Hidalgo 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: $800; STAFF ATTORNEY: Barbara J. Watson, Litigation Division, MC 175, (512) 239-2044; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(3) COMPANY: Lajitas Management, LLC dba Lajitas Utility Co., Inc.; DOCKET NUMBER: 2001-0901-MLM-E; TCEQ ID NUMBERS: 0220018, 14282-001, 12167-001(exp.), and RN102079365; LOCATION: on an unnamed road, 1/4 mile south of Highway 170 in the unincorporated community of Lajitas, Brewster County, Texas; TYPE OF FACILITY: public water supply system; RULES VIOLATED: 30 TAC §305.125(2), TWC, §26.121, and Texas Pollutant Discharge Elimination System (TPDES) Permit Number 12167-001, Permit Condition 4(c), by failing to renew TPDES Permit Number 12167-001 prior to the expiration date; 30 TAC §305.125(1), §319.5(b), and TPDES Permit Number 14282-001, Effluent Limitations and Monitoring Requirements Number 2, by failing to maintain a chlorine residual of at least 1.0 milligrams per liter (mg/L) at the wastewater plant and failing to monitor chlorine residual of the effluent five times per week; 30 TAC §305.125(1) and TPDES Permit Number 14282-001, Operational Requirement Number 5, and Monitoring and Reporting Requirement Number 5, by failing to provide the 90 degree v-notch flow measuring device with a staff gauge and by failing to calibrate the ultrasonic totalizer measuring device on an annual basis; 30 TAC §319.7(a) and (c), by failing to maintain pH and dissolved oxygen calibration records; 30 TAC §319.7(a) and (d), and TPDES Permit Number 14282-001, Operational Requirement Number 1, by failing to submit monthly discharge monitoring reports; 30 TAC §305.62(a), §305.66(a)(1), and TPDES Permit Number 14282-001, Permit Condition Number 4.a, by failing to amend the existing water quality permit to authorize the effluent to be discharged to man-made ponds, commingled with raw well water and applied to the Lajitas Golf Course; 30 TAC §290.46(d)(2)(A), by failing to maintain a residual disinfectant concentration of at least 0.2 mg/L free chlorine throughout the distribution system for the water supply; 30 TAC §290.118(a) and (b), and Texas Health and Safety Code (THSC), §341.031(a) and §341.0315(c), by failing to provide public drinking water that meets the secondary constituent levels without written approval from the executive director; 30 TAC §290.44(h)(4), by failing to have the backflow prevention assembly tested at least annually by a recognized backflow prevention assembly tester; 30 TAC §290.46(1), by failing to flush all dead end mains at monthly intervals or more frequently as required; 30 TAC §290.42(d)(14), by failing to provide sampling taps for individual filter effluent and clear well discharges; 30 TAC §290.42(d)(11)(E)(i), by failing to equip each filter with a sampling tap to individually monitor the effluent turbidity; 30 TAC §290.42(d)(11)(E)(v), by failing to equip each filter with an operational device to indicate loss of head through the filter; 30 TAC §290.110(c)(5)(C), by failing to properly monitor the residual disinfectant concentration in the distribution system at bacteriological sampling sites; 30 TAC §290.46(m) and (t), by failing to initiate maintenance and housekeeping practices to ensure the reliability and general appearance of the system's facilities and equipment; 30 TAC §290.46(s)(2)(B), by failing to calibrate the on-line and bench top turbidimeters; 30 TAC §290.42(e)(4)(C), by failing to provide adequate ventilation for all enclosures in which chlorine gas was being stored or fed; 30 TAC §290.121 and §290.110(f)(1), by failing to maintain an up-to-date chemical and microbiological monitoring plan and to conduct chlorine residual tests at bacteriological sampling sites designated in the monitoring plan; 30 TAC §290.44(h)(1)(A) and §290.47(i), Appendix i, by failing to establish a cross connection control program to provide protection against contamination and health hazards; 30 TAC §290.45(a)(2) and §290.46(r), by failing to design, maintain, and operate the water supply to provide a minimum pressure of 35 pounds per square inch throughout the distribution system under normal operating conditions; 30 TAC §290.41(c)(3)(N), by failing to provide each well with properly operating flow meters to measure production yields and provide for the accumulation of water production data; 30 TAC §290.43(c)(2) and (3), by failing to have all roof openings and overflow pipes properly maintained; and 30 TAC §290.42(i), by failing to obtain from the commission a permit for discharging wastes from the water treatment process; PENALTY: $12,312; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(4) COMPANY: Mirage Stop, Inc.; DOCKET NUMBER: 2003-1443-MWD-E; TCEQ ID NUMBERS: 003517-000 and RN101520344; LOCATION: 17141 Interstate Highway 10 East, Channelview, Harris County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §305.125(1) and §319.5(b), TCEQ Permit Numbers 003517-001 and 003517-002, Final Effluent Limitations and Monitoring Requirement Number 1, and TWC, §26.121(e), by failing to monitor flow when required; 30 TAC §305.125(1) and §317.7(e), TCEQ Permit Number 003517-002, Operational Requirement Number 1, and TWC, §26.121(e), by failing to repair the fences surrounding the wastewater treatment plant and the on-site lift station; 30 TAC §305.125(1) and (5), TCEQ Permit Number 003517-002, Operational Requirement Number 1, and TWC, §26.121(e), by failing to properly operate and maintain the treatment facility; PENALTY: $10,900; STAFF ATTORNEY: Benjamin Joseph de Leon, Litigation Division, MC 175, (512) 239- 6939; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Naurin, Inc. dba Shell III; DOCKET NUMBER: 2004-0922-PST-E; TCEQ ID NUMBERS: 13710 and RN101563476; LOCATION: 9512 C. F. Hawn Freeway, Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(1) and THSC, §382.085(b), by failing to maintain at the station a copy of the California Air Resources Board Executive Order for the Stage II vapor recovery system and any related components installed at the station; 30 TAC §115.246(3) and THSC, §382.085(b), by failing to maintain a record of any maintenance conducted on any part of the Stage II equipment, including a general part description, the date and time the equipment was taken out of service, the date of repair or replacement, the replacement part manufacturer's information, and a general description of the part location in the UST system; 30 TAC §115.246(4) and THSC, §382.085(b), by failing to provide proof of attendance and completion of the station representative Stage II training and failing to provide documentation of all Stage II training for each employee for so long as that employee continues to work at the station; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment at least once every 12 months; and 30 TAC §334.22(a), by failing to pay outstanding UST fees, including penalties and interest; PENALTY: $2,400; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Rainbow Materials LP; DOCKET NUMBER: 2001-1170-MLM-E; TCEQ ID NUMBER: none; LOCATION: 2935 and 2885 Highway 71 East, Travis County, Texas; TYPE OF FACILITY: ready-mix concrete; RULES VIOLATED: TWC, §26.121, by discharging or allowing the discharge of concrete, concrete residue, and wash down to the water at the site; PENALTY: $8,000; STAFF ATTORNEY: Deborah A. Bynum, Litigation Division, MC 175, (512) 239-1976; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

TRD-200501608

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 19, 2005

Notice of Request for Public Comment and Notice of a Public Meeting for Total Maximum Daily Loads and Update to the State Water Quality Management Plan

The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment a draft Total Maximum Daily Load (TMDL) concerning impairments to general water quality uses by addressing elevated levels of total dissolved solids (TDS) and chlorides in Clear Creek above Tidal. Clear Creek above Tidal is in the eastern portion of Fort Bend County and flows east to become the boundary of Harris and Brazoria Counties and then Harris and Galveston Counties. The cities of Houston, Pearland, Brookside Village, and Friendswood are located within this watershed. The TCEQ will conduct a public meeting to receive comments on the draft TMDL. This announcement also constitutes notice that the TMDL will become part of the State Water Quality Management Plan upon approval by the United States Environmental Protection Agency (EPA).

Texas is required to develop TMDLs for impaired water bodies under the Federal Clean Water Act, §303(d). A TMDL is a detailed water quality assessment that provides the scientific foundation to allocate pollutant loads in a certain body of water in order to restore and maintain designated uses.

The TCEQ will conduct a public meeting on the draft TMDL for chloride and total dissolved solids. The purpose of the public meeting is to provide the public an opportunity to comment on the draft TMDL. The commission requests comment on each of the six major components of the TMDL: problem definition; endpoint identification; source analysis; linkage between sources and receiving waters; margin of safety; and pollutant loading allocation. After the public comment period, TCEQ staff may revise the TMDL, if appropriate. The final TMDL will then be considered by the commission for adoption. Upon adoption of the TMDL by the commission, the final TMDL and a response to all comments will be made available on the TCEQ Web site referenced in the following paragraphs. The TMDL will then be submitted to EPA Region 6 for approval as an update to the State of Texas Water Quality Management Plan.

A public meeting will be held on May 26, 2005, at 7:00 p.m. at the Pearland City Hall, Council Chambers, located at 3519 Liberty Drive, Pearland, Texas. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the meeting; however, a commission staff member will be available to discuss the matter 30 minutes prior to the meeting and will answer questions before and after the meeting. Only comments for the TMDL will be taken, no other TMDL projects will be discussed at the meeting.

Written comments should be submitted to Andrew Sullivan, TCEQ Water Division, MC 203, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1414. All comments must be received by 5:00 p.m., June 3, 2005, and should reference Two Total Maximum Daily Loads for Total Dissolved Solids and Chlorides in Clear Creek above Tidal . For further information regarding the draft TMDL, please contact Andrew Sullivan at (512) 239- 4587 or asulliva@tceq.state.tx.us . Copies of the draft TMDL document can be obtained via the commission's Web site at http://www.tceq.state.tx.us/water/quality/tmdl , or by calling (512) 239-1627.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the Commission at (512) 239-4900. Requests should be made as far in advance as possible.

TRD-200501628

Stephanie Bergeron Perdue

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: April 20, 2005

Notice of Request for Public Comment and Notice of a Public Meeting for a Total Maximum Daily Load and Update to the State Water Quality Management Plan

The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment a draft Total Maximum Daily Load (TMDL) concerning polychlorinated biphenyls (PCBs) in fish tissue in Lake Worth, a reservoir located in northwest Tarrant County in north central Texas. The TCEQ will conduct a public meeting to receive comments on the draft TMDL. This announcement also constitutes notice that the TMDL will become part of the State Water Quality Management Plan upon approval by the United States Environmental Protection Agency (EPA).

Texas is required to develop TMDLs for impaired water bodies under the Federal Clean Water Act, §303(d). A TMDL is a detailed water quality assessment that provides the scientific foundation to allocate pollutant loads in a certain body of water in order to restore and maintain designated uses.

The TCEQ will conduct a public meeting on the draft TMDL for PCBs in fish tissue in Lake Worth, Tarrant County. The purpose of the public meeting is to provide the public an opportunity to comment on the draft TMDL. The commission requests comment on each of the six major components of the TMDL: problem definition; endpoint identification; source analysis; linkage between sources and receiving waters; margin of safety; and pollutant loading allocation. After the public comment period, TCEQ staff may revise the TMDL, if appropriate. The final TMDL will then be considered by the commission for adoption. Upon adoption of the TMDL by the commission, the final TMDL and a response to all comments will be made available on the TCEQ Web site referenced in the following paragraphs. The TMDL will then be submitted to EPA Region 6 for approval as an update to the State of Texas Water Quality Management Plan.

A public meeting will be held on May 12, 2005, at 7:00 p.m., at the Fort Worth City Hall Building, City Council Chambers, located at 1000 Throckmorton, Fort Worth. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the meeting; however, a commission staff member will be available to discuss the matter 30 minutes prior to the meeting and will answer questions before and after the meeting.

Written comments should be submitted to Roger Miranda, TCEQ Water Division, MC 203, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1414. All comments must be received by 5:00 p.m., May 20, 2005, and should reference Total Maximum Daily Load for PCBs in Fish Tissue in Lake Worth, Tarrant County . For further information regarding the draft TMDL, please contact Roger Miranda at (512) 239- 6278 or rmiranda@tceq.state.tx.us . Copies of the draft TMDL document can be obtained via the commission's Web site at http://www.tceq.state.tx.us/water/quality/tmdl , or by calling (512) 239- 1627.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the commission at (512) 239-4900. Requests should be made as far in advance as possible.

TRD-200501629

Stephanie Bergeron Perdue

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: April 20. 2005

Notice of Request for Public Comment and Notice of a Public Meeting for a Total Maximum Daily Load and Update to the State Water Quality Management Plan

The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment a draft Total Maximum Daily Load (TMDL) concerning a nitrate-nitrogen impairment in the Lower Sabinal River in Uvalde, County, Texas. The TCEQ will conduct a public meeting to receive comments on the draft TMDL. This announcement also constitutes notice that the TMDL will become part of the State Water Quality Management Plan upon approval by the United States Environmental Protection Agency (EPA).

Texas is required to develop TMDLs for impaired water bodies under the Federal Clean Water Act, §303(d). A TMDL is a detailed water quality assessment that provides the scientific foundation to allocate pollutant loads in a certain body of water to restore and maintain designated uses.

The TCEQ will conduct a public meeting on the draft TMDL concerning nitrate-nitrogen pollutants in the Lower Sabinal River. The purpose of the public meeting is to provide the public an opportunity to comment on the draft TMDL. The commission requests comment on each of the six major components of the TMDL: problem definition; endpoint identification; source analysis; linkage between sources and receiving waters; margin of safety; and loading allocations. After the public comment period, TCEQ staff may revise the TMDL, if appropriate. The final TMDL will then be considered by the commission for adoption. Upon adoption of the TMDL by the commission, the final TMDL and a response to all comments will be made available on the TCEQ Web site referenced in the following paragraphs. The TMDL will then be submitted to EPA Region 6 for approval as updates to the State of Texas Water Quality Management Plan.

A public meeting will be held in Sabinal, Texas, on May 19, 2005, at 7:00 p.m., at the Sabinal City Hall, located at 501 North Center Street, Sabinal. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the meeting; however, a commission staff member will be available to discuss the matter 30 minutes prior to the meeting and will answer questions before and after the meeting.

Written comments should be submitted to Ward Ling, TCEQ Water Division, MC 203, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1414. All comments must be received by 5:00 p.m., May 27, 2005, and should reference One Total Maximum Daily Load for Nitrate-Nitrogen in the Lower Sabinal River . For further information regarding the draft TMDLs, please contact Ward Ling at (512) 239-6238 or eling@tceq.state.tx.us . Copies of the draft TMDL document can be obtained via the commission's Web site at http://www.tceq.state.tx.us/water/quality/tmdl , or by calling at (512) 239-1627.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the Commission at (512) 239-4900. Requests should be made as far in advance as possible.

TRD-200501627

Stephanie Bergeron Perdue

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: April 20, 2005

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In accordance with the Act, §361.184(a), those facilities that may pose an imminent and substantial endangerment, and that have been proposed to the state Superfund registry, are set out in descending order of HRS scores as follows.

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

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

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

4. Hicks Field Sewer Corporation. Located approximately 1.8 miles west of the intersection of U.S. Highway 81/287 and Farm-to-Market Road 156, Tarrant County: former sewage treatment facility.

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

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

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

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

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

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

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

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

13. Avinger Development Company (ADCO). Located on the south side of Texas 155, approximately 1/4 mile east of the intersection with Texas 49, Avinger, Cass County: wood treatment.

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

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

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

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

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

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

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

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

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

23. Bailey Metal Processors, Inc. Located one mile northwest of Brady on Highway 87, McCulloch County: scrap metal dealer, primarily conducting copper and lead reclamation.

24. Poly-Cycle Industries, Jacksonville. Located on the south side of the city at 2505 South Jackson Street in Cherokee County: lead acid battery chips recycler and lead recovery.

Since the last Texas Register publication on September 24, 2004 (29 TexReg 9218), the TCEQ has determined that one facility, Bailey Metal Processors, Inc., McCulloch County, may pose an imminent and substantial endangerment to public health and safety or the environment, and in accordance with the Act, §361.184(a), has been added to the list of sites proposed to the state Superfund registry. Also, the TCEQ has determined that one site, Avinger Development Company (ADCO) was not being addressed adequately under the voluntary cleanup program, and in accordance with the Act, §361.189(c), was moved back to the state Superfund registry as a proposed site. No additional sites were proposed to the state Superfund registry.

To date, 34 sites have been deleted from the state Superfund registry in accordance with the Act, §361.189 (see also the Act, §361.183(a) and 30 TAC §335.344): Aztec Ceramics, Bexar County; Aztec Mercury, Brazoria County; Barlow's Wills Point Plating, Van Zandt County; Bestplate, Inc., Dallas County; Butler Ranch, Karnes County; Crim-Hammett, Rusk County; Double R Plating Company, Cass County; Gulf Metals Industries, Harris County; Hagerson Road Drum, Fort Bend County; Harkey Road, Brazoria County; Hart Creosoting, Jasper County; Hi-Yield, Hunt County; Higgins Wood Preserving, Angelina County; Houston Lead, Harris County; Houston Scrap, Harris County; Kingsbury Metal Finishing, Guadalupe County; LaPata Oil Company, Harris County; Lyon Property, Kimble County; Melton Kelly Property, Navarro County; Munoz Borrow Pits, Hidalgo County; Newton Wood Preserving, Newton County; Old Lufkin Creosoting, Angelina County; Permian Chemical, Ector County; PIP Minerals, Liberty County; Poly-Cycle Industries, Ellis County; Rio Grande Refinery I, Hardin County; Rio Grande Refinery II, Hardin County; Sampson Horrice, Dallas County; Solvent Recovery Services, Fort Bend County; South Texas Solvents, Nueces County; State Marine, Jefferson County; Stoller Chemical Company, Hale County; Thompson Hayward Chemical, Knox County; Waste Oil Tank Services, Harris County; and Wortham Lead Salvage, Henderson County.

The public records for each of the sites are available for inspection and copying during regular TCEQ business hours at the TCEQ Records Management Center, Building E, North Entrance, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Handicapped parking is available on the east side of Building D, convenient to access ramps that are located between Buildings D and E. There is no charge for viewing the files, however, copying of file information is subject to payment of a fee.

TRD-200501603

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 19, 2005

The following notices were issued during the period of April 13, 2005 through April 20, 2005.

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.

AUS-TEX PARTS & SERVICES, LTD. has applied for a renewal of TPDES Permit No. 14060-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 123,750 gallons per day. The facility is located approximately 2.6 miles northwest of the intersection of State Highway 21 and County Road 127 in Hays County, Texas.

CITY OF AUSTIN ELECTRIC UTILITY DBA AUSTIN ENERGY which operates the Sandhill Energy Center, a gas-fired electric generating station has applied for a renewal of TPDES Permit No. WQ0004351000, which authorizes the discharge of cooling tower blowdown and previously monitored effluents (consisting of cooling water drained from condensers and other cooling equipment during maintenance periods, metal cleaning wastes, and low volume wastes) at a daily average flow not to exceed 1,300,000 gallons per day via Outfall 001. The facility is located at 13005 Fallwell Lane, approximately two miles east of the intersection of State Highway 71 and Fallwell Lane, Travis County, Texas.

CITY OF CLARKSVILLE CITY has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014572001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 95,000 gallons per day. The facility will be located 4,050 feet south of the intersection of U.S. Highway 80 and Texas Street in Gregg County, Texas.

DEL VALLE INDEPENDENT SCHOOL DISTRICT has applied for a new permit, Proposed Permit No. WQ0014567001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day via non-public access subsurface drip irrigation with a minimum area of 3.22 acres. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site will be located at 5604 Farm-to-Market Road 1327, approximately 5,200 feet northeast of the intersection of Farm-to-Market Road 1327 and Farm-to-Market Road 1625 in Travis County, Texas.

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 142 has applied for a major amendment to TPDES Permit No. 14408-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 800,000 gallons per day to an annual average flow not to exceed 1,200,000 gallons per day. The facility is located on Fulshear Gaston Road, approximately 1.15 miles southwest of the intersection of Farm-to-Market Road 1093 and Farm-to-Market Road 723, in Fort Bend County, Texas.

FREER WATER CONTROL AND IMPROVEMENT DISTRICT has applied for a renewal of Permit No. 10088-001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 280,000 gallons per day via surface irrigation of 250 acres of nonpublic access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located adjacent to State Highway 16 and 0.5 mile north of the Town of Freer in Duval County, Texas.

CITY OF LYTLE has applied for a renewal of TPDES Permit No. 10096-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 450,000 gallons per day. The facility is located approximately 2,300 feet southeast of the intersection of Farm-to-Market Road 3175 and Interstate Highway 35 in Atascosa County, Texas.

CITY OF MATHIS has applied for a renewal of TPDES Permit No. 10015-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 947,000 gallons per day. The facility is located approximately 1.25 miles northwest of the intersection of State Highway Spur 198 and Farm-to-Market Road 1068, along the access road northwest extension of San Patricio Avenue in the City of Mathis in San Patricio County, Texas.

THE CITY OF PERRYTON has applied for a renewal of Permit No. 10248-001, which authorizes the disposal of treated domestic wastewater at a volume not to exceed a daily average flow of 1,400,000 gallons per day via surface irrigation of 570 acres of agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 0.5 mile south of Perryton City Limits on U. S. Highway 83 and thence east 1.25 miles to the plant site in Ochiltree County, Texas.

SAN ANGELO PACKING COMPANY, INC. AND THE ESTATE OF JIMMY STOKES which operates a meat packing plant, has applied for a renewal of Permit No. WQ0003901000, which authorizes the disposal of process wastewater from a slaughterhouse, utility wastewater, and storm water at a daily average flow not to exceed 150,000 gallons per day via spray irrigation of 208 acres. This permit will not authorize a discharge of pollutants into water in the State. The facility and land application site are located on the Atchison Topeka & Santa Fe Railway, 5,000 feet east and 4,000 feet south of the intersection of Armstrong Road and 50th Street in the City of San Angelo, Tom Green County, Texas.

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

The Texas Commission on Environmental Quality (TCEQ) has initiated a minor amendment of the Texas Pollutant Discharge Elimination System (TPDES) permit issued to CITY OF AMARILLO, P.O. Box 1971, Amarillo, Texas 79105-1971, to authorize that the chronic and acute biomonitoring requirements apply to Outfall 001/002, instead of Outfall 001 and 002. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 12,000,000 gallons per day. The facility is located approximately four miles east-southeast of the intersection of State Highway Spur 335 (Hollywood Road) and Farm-to-Market Road 1541 (Washington Street) in Randall County, Texas.

HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 191 has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit to authorize an additional interim I phase at a daily average flow not to exceed 336,000 gallons per day and an interim II phase at a daily average flow not to exceed 476,000 gallons per day. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day. The facility is located approximately 2,000 feet south of Farm-to-Market Road 1960 and 2,000 feet west of Cutten Road, adjacent to the Southern Pacific Railroad in Harris County, Texas.

TRD-200501635

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 20, 2005

Notices mailed April 14, 2005 through April 18, 2005.

APPLICATION NO. 5850; TXU Mining Company LP (TXU or Applicant), 1601 Bryan Street, Dallas, Texas 75201-3411, applicant, seeks a term Water Use Permit pursuant to Texas Water Code §11.121 and Texas Commission on Environmental Quality (TCEQ) Rules 30 Texas Administrative Code §§295.1, et seq. Applicant seeks authorization to divert and use not to exceed 100 acre-feet of water per year within the Tankersley Creek and Hart Creek watersheds for lignite surface mining purposes (dust suppression and other mining activities) in the Monticello Lignite Mining Area (LMA) in Titus County, Texas. The Tankersley Creek watershed includes Dragoo Creek, several unnamed tributaries of Tankersley Creek and Tankersley Creek. The Hart Creek watershed includes an unnamed tributary of Hart Creek, Hayes Creek, and Hart Creek. Tankersley Creek and Hart Creek are both tributaries of Big Cypress Creek in the Cypress Basin. The water will be diverted from multiple diversion points located in the watersheds within the boundary of the lignite mine property upstream of thirteen proposed diversion points. The combined diversion rate will not exceed 13.4 cubic-feet-per-second (6,000 gallons-per-minute). The proposed diversion points are located in the Joseph Leech Survey, Abstract No. A-337 approximately three to five miles southwest of Mount Pleasant in Titus County. For a complete description of the diversion points, contact the Office of the Chief Clerk at the address indicated below, or view the full notice at the public notice web site www.tceq.state.tx.us/comm_exec/cc/pub_notice.html. Applicant also seeks authorization to maintain seven existing reservoirs impounding a combined total of 2,771 acre-feet of water for domestic and livestock purposes after the cessation of mining activity in the year 2014. The seven on-channel reservoirs are located approximately three to five miles southwest of Mount Pleasant in Titus County. For a complete description of the reservoirs, contact the Office of the Chief Clerk at the address indicated below, or view the full notice at the public notice web site given above. Approximately 1,200 acre-feet of groundwater per year through the year 2006 and 600 acre-feet of water per year through the remainder of the life of the mine will be obtained from de-watering activities during mining operations. This water will be discharged throughout the Tankersley Creek/Hart Creek watersheds. Ownership of the mining rights in TXU Mining Company LP's Monticello LMA is held under multiple mining leases as evidenced by warranty deeds and leases filed in the application filed with the Texas Railroad Commission and in the Deed Records of Titus County, Texas. The Commission will review the application as submitted by the applicant(s) and may or may not grant the application as requested. The application and required fees were received on June 5, 2004. The application was declared administratively complete and filed with the Office of the Chief Clerk on December 31, 2004. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 12-4161C; The City of Abilene, P.O. Box 60, Abilene, Texas 79604, (City or Applicant) seeks an amendment to Certificate of Adjudication No. 12-4161 pursuant to Texas Water Code §§11.122, 11.042, and 11.046 and TCEQ Rules 30 Texas Administrative Code §§295.1, et seq. Certificate of Adjudication No. 12-4161 authorizes the owner to maintain an existing dam and reservoir on Elm Creek (Lake Fort Phantom Hill) and impound therein not to exceed 73,960 acre-feet of water. Certificate of Adjudication No. 12-4161B contains a typographical error in the Use Paragraph 1.a. which states the owner is authorized to divert and use not to exceed 25,650 acre-feet for municipal purposes. As reflected in the other sections of the certificate, the owner is actually authorized to divert and use 25,690 acre-feet of water per year for municipal purposes. The applicant has requested that the diversion amount be corrected in this certificate under 30 Texas Administrative Code §50.145(b). The owner is further authorized to divert and use 25,650 acre-feet of water per year for municipal purposes, 4,000 acre-feet of water per year for industrial purposes, and 1,000 acre-feet of water per year for agricultural purposes from the perimeter of the said reservoir at a maximum combined diversion rate of 69.52 cfs (31,200 gpm). The City seeks to amend Certificate of Adjudication No.12-4161 to use the bed and banks of several watercourses to transport the historical and future City return flows, up to 22 MGD (24,640 acre-feet per year), from two outfalls of the City of Abilene's Hamby Wastewater Treatment Facility (WWTF), to divert such flows, and to use such flows for agricultural, industrial, and municipal purposes within the City's corporate boundaries, extra-territorial jurisdiction, and water Certificate of Convenience and Necessity service areas, as such areas may be changed or amended from time to time in the future. The water discharged from the Hamby WWTF, authorized by Texas Pollutant Discharge Elimination System (TPDES) Permit No. 10334-004, results from the City's use of water pursuant to rights it holds in Certificates of Adjudication Nos. 12-4139, 12-4150, 12-4161, 12-4165, contract water from the West Central Texas Municipal Water District (WCTMWD or District), and developed water resulting from the City's use of water purchased from the Colorado River Municipal Water District out of O.H. Ivie Reservoir in the Colorado River Basin. The City seeks authorization to divert up to the maximum amount of the City return flows currently authorized for discharge, at 22 MGD (24,640 acre-feet per year), less the 4,330 acre-feet of water authorized to be reused by Permit No. 4266 (for a total of 20,310 acre-feet per year); and at such time as the Water Supply Agreement between the City and the Brazos River Authority expires and Permit No. 4266 becomes void, the City seeks authorization to divert up to the maximum amount of the City return flows authorized for discharge, including the 4,330 acre-feet per annum of return flows contemplated in Permit No. 4266 (for a total of 24,640 acre-feet per year). Water discharged at Outfall 001 will be conveyed down the bed and banks of Freewater Creek, thence to Deadman Creek, and thence to the Clear Fork Brazos River, for approximately 69 river miles to Diversion Point No. 2 and approximately 134 river miles to Diversion Point No. 3. Water discharged at Outfall 002 will be conveyed down the bed and banks of Lake Kirby, thence to Cedar Creek, thence to Elm Creek, and to Lake Fort Phantom Hill for approximately 17 river miles to Diversion Point No. 1. The applicant indicates the average channel loss from Outfall 002 to Diversion Point No. 1 is 14%, from Outfall 001 to Diversion Point No. 2 is 42%, and from Outfall 001 to Diversion Point No. 3 is 60% of the discharged amount. The applicant proposes to divert at a rate of 69.52 cfs (31,200 gpm) from Diversion Point No. 1 and at a combined rate of 37.1 cfs (16,650 gpm), being the peak 2-hour discharge that is allowed by TPDES Permit No. 10334-004, from Diversion Point Nos. 2 and 3. The Cedar Ridge Reservoir site, at which Diversion Point No. 2 would be located, is a proposed reservoir site for which the City does not yet have storage capacity authorization. If the reservoir is permitted by a separate application and constructed, City return flows may be captured in and diverted from the reservoir and returned to the City for its use. Water diverted from Diversion Point No. 3 will be piped directly into Hubbard Creek Reservoir, owned and operated by the WCTMWD, thence commingled with other waters in the reservoir and then diverted and piped to the City through existing diversion and transmission infrastructure to City-owned water treatment plant(s) for treatment and subsequent use. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on July 15, 2004. Additional fees and information were received on August 27 and September 30, 2004 and February 11, 2005. The application was accepted for filing and declared administratively complete on October 14, 2004. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk at the address provided in the information section below within 30 days of the date of newspaper publication of the notice. For a complete description of the discharges authorized under TPDES Permit No. 10334-004 and the diversion locations requested under this application, contact the Office of the Chief Clerk at the address indicated below, or view the full notice at the public notice web site www.tceq.state.tx.us/comm_exec/cc/pub_notice.html.

APPLICATION NO. 21-3184B; John E. Minne et al. (consisting of Elizabeth L. Minne) and Elizabeth L. Minne et al. (consisting of ELM Investments, Ltd.), 16127 FM 470, Tarpley, Texas 78883, applicants, seek to amend Certificate of Adjudication No. 21-3184 pursuant to Texas Water Code §11.122 and TCEQ Rules 30 Texas Administrative Code §§295.1, et seq. Applicants own Certificate of Adjudication 21-3184, which authorizes the maintenance of two existing reservoirs on Spring Creek, tributary of Hondo Creek, tributary of the Frio River, tributary of the Nueces River, Nueces River Basin, and the diversion of 160 acre-feet of water per year from two diversion points, one on each of the reservoirs, at a maximum combined diversion rate of 1.07 cfs (480 gpm) for the irrigation of 750 acres out of a group of tracts of land totaling 2,076.2 acres in Bandera County, Texas. The Certificate also authorizes the pumping of private groundwater into the reservoirs for maintenance and for subsequent irrigation purposes. Applicants seek to maintain an existing on-channel reservoir (Reservoir No. 3) on Hondo Creek for agricultural (irrigation) purposes. The reservoir has a surface area of 3.5 acres and impounds 49.5 acre-feet of water. The dam is located in the A. Burnet Original Survey No. 535, Abstract No. 38 in Bandera County, Texas, and Station 0.00 on the centerline of the dam is located at Latitude 29.650° N, Longitude 99.316° W, also described as bearing N 42.883° E, 1062.73 feet from the southwest corner of the A. Burnet Survey, approximately 3.5 miles west of Tarpley and 15 miles southwest of Bandera, Texas. Applicants also seek to add two diversion points also on Hondo Creek, one upstream of the confluence with Spring Creek on the aforementioned reservoir, and one downstream. The upstream point (Diversion Point No. 4) will be on the west bank Reservoir No. 3 at Latitude 29.662° N and Longitude 99.329° W, also bearing N 42.25° E, 1,090.65 feet from the southwest corner of the A. Burnet Survey in Bandera County. The downstream point (Diversion Point No. 3) will be on the west bank of Hondo Creek at Latitude 29.654° N and Longitude 99.315° W, also bearing S 71.150° E, 5,676.00 feet from the northwest corner of the John Littlewood Original Survey No. 532, Abstract No. 249, in Bandera County. Applicants also seek to increase their maximum diversion rate to 2.228 cfs (1,000 gpm). No changes to diversion amount are requested. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application and partial fees were received on September 21, 2004, and requested information and fees were received on December 3, 2004 and March 16, 2005. The application was reviewed, declared to be administratively complete, and filed with the Office of the Chief Clerk on March 24, 2005. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

INFORMATION SECTION

A public meeting is intended for the taking of public comment, and is not a contested case hearing.

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

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

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

TRD-200501634

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 20, 2005

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 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 20, 2005 . Section 7.075 also requires that the TCEQ 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 the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-4468 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 20, 2005 . 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: 7-Eleven, Inc. dba 7-Eleven Store 18765; DOCKET NUMBER: 2004-1606- PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Facility Identification Number 9137, Regulated Entity Number (RN) 102013927; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.242(3)(J) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system; PENALTY: $2,425; ENFORCEMENT COORDINATOR: Chris Friesenhahn, (210) 490-3096; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: City of Atlanta; DOCKET NUMBER: 2004-0931-PWS-E; IDENTIFIER: Public Water Supply (PWS) 034001, RN101386399; LOCATION: Atlanta, Cass County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D) and THSC, §341.0315(c), by failing to provide adequate service pump capacity; and 30 TAC §290.46(e)(3)(C) and (m) and THSC, §341.033(a), by failing to employ at least two Class C certified operators and by failing to initiate maintenance and housekeeping practices; PENALTY: $1,260; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(3) COMPANY: Naeemuddin Mohammad dba Big Deli Food Mart; DOCKET NUMBER: 2004- 1704-PST-E; IDENTIFIER: PST Facility Identification Number 4273, RN101543726; LOCATION: Corsicana, Navarro County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $4,200; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588- 5800.

(4) COMPANY: Jack and Rhonda Vanover dba Casey Homes Estates Public Water Supply; DOCKET NUMBER: 2004-1984-PWS-E; IDENTIFIER: PWS Number 1520188, RN102679305; LOCATION: Wolfforth, Lubbock County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(1)(A) and THSC, §341.033(d), by failing to collect bacteriological samples; 30 TAC §290.122(c)(2), by failing to issue public notice for failure to collect bacteriological samples; and 30 TAC §290.51(a)(3) and the Code, §5.702, by failing to pay public health service fees; PENALTY: $7,290; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414- 3520, (806) 796-7092.

(5) COMPANY: Cemex, Inc.; DOCKET NUMBER: 2004-1006-AIR-E; IDENTIFIER: Air Account Number EB0121R, RN100213305; LOCATION: Odessa, Ector County, Texas; TYPE OF FACILITY: cement manufacturing; RULE VIOLATED: 30 TAC §101.20(2) and §116.115(c), Air New Source Permit Number 5296, 40 Code of Federal Regulations (CFR) §§63.6(e)(3), 63.1342, 63.1344(a), 63.1350, and 63.1354(b)(4), and THSC, §382.085(b), by failing to comply with the dioxin emission limit, by failing to comply with the permitted opacity limits, by failing to operate consistently with the requirements of the plant's startup, shutdown, and malfunction plan, by failing to comply with the established maximum temperature of 725 degrees Fahrenheit, and by failing to comply with the monitoring requirements; 30 TAC §122.145(2) and §122.146(2) and THSC, §382.085(b), by failing to submit timely the annual federal operating compliance certification and associated deviation report and by failing to complete the deviation report; and 30 TAC §101.201(e) and THSC, §382.085(b), by failing to adequately notify the TCEQ involving 70-excess emission events; PENALTY: $123,608; ENFORCEMENT COORDINATOR: Jill Reed, (915) 570-1359; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(6) COMPANY: Chevron Phillips Chemical Company, LP; DOCKET NUMBER: 2003-0646- AIR-E; IDENTIFIER: Air Account Number JE0508W, RN100209857; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: industrial organic chemicals and allied products; RULE VIOLATED: 30 TAC §111.111(a)(4)(A)(ii) and §116.115(b)(2)(F) (formerly 30 TAC §116.115(b)(2)(G)), Permit Numbers 18568 and 21101, and THSC, §382.085(b), by failing to prevent visible emissions and maintain emission rates and by failing to comply with the permitted volatile organic compound (VOC) emission limits and repair/maintain equipment; 30 TAC §116.115(b)(2)(F) and (c), Permit Number 18568, and THSC, §382.085(b), by failing to report the VOC concentration in the exhaust; 30 TAC §101.20(1) and (2), 40 CFR §60.18 and Subpart FF, §61.355(a)(1)(i), and THSC, §382.085(b), by failing to operate the cumene unit process flare and by failing to determine the annual benzene waste; 30 TAC §101.201(a)(2)(C), (H), (b)(3), (8), and (9), §101.211(b)(10), and THSC, §382.085(b), by failing to properly notify the TCEQ of reportable emission/maintenance events; THSC, §382.085(a), by failing to prevent unauthorized emissions; and 30 TAC §116.715(a), Permit Number 32713, and THSC, §382.085(b), by failing to submit annual summaries for criteria pollutants; PENALTY: $51,816; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353- 9251; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(7) COMPANY: Cox Texas Partners, Inc. dba Waco Tribune-Herald; DOCKET NUMBER: 2005-0159-PST-E; IDENTIFIER: PST Facility Identification Number 25088, RN100577527; LOCATION: Waco, McLennan County, Texas; TYPE OF FACILITY: private fleet refueling; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $950; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(8) COMPANY: Jerry Bell dba Crossroads Country Store; DOCKET NUMBER: 2004-1794- PST-E; IDENTIFIER: PST Facility Identification Number 44509, RN101800142; LOCATION: Jefferson, Marion County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $4,280; ENFORCEMENT COORDINATOR: Kensley Greuter, (512) 239-2520; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(9) COMPANY: Desert Eagle Distributing of El Paso, Inc.; DOCKET NUMBER: 2004-2003- AIR-E; IDENTIFIER: Air Account Number EE1107R, RN100815208; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: station that dispenses gasoline; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to comply with the 2.7% by weight oxygenated fuel requirements; PENALTY: $800; ENFORCEMENT COORDINATOR: Susan Longenecker, (512) 239-0968; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(10) COMPANY: Domco Products Texas, L.P. dba Tarkett Texas; DOCKET NUMBER: 2004- 1186-AIR-E; IDENTIFIER: Air Account Number HG0772C, RN100896729; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: tile manufacturing; RULE VIOLATED: 30 TAC §101.352(b) and THSC, §382.085(b), by failing to hold adequate quantity of allowances in the compliance account; and 30 TAC §101.359 and THSC, §382.085(b), by failing to submit a completed ECT-1 form; PENALTY: $2,736; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: ELG Metals, Inc.; DOCKET NUMBER: 2005-0096-IWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 0003324000, RN102185733; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: scrap metal processing; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 0003324000, and the Code, §26.121(a), by failing to comply with oil and grease, total organic carbon, pH, and total lead daily maximum permit limits; PENALTY: $2,880; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(12) COMPANY: G.M. Brothers, Inc. dba Golden Grocery; DOCKET NUMBER: 2005-0312- PST-E; IDENTIFIER: PST Facility Identification Number 75068, RN102220688; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $640; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: City of Kingsville; DOCKET NUMBER: 2004-1920-MWD-E; IDENTIFIER: TPDES Permit Number 10696-004, RN101612877; LOCATION: Kingsville, Kleberg County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (5) and TPDES Permit Number 10696-004, by failing to comply with permit effluent limits and by failing to ensure that the facility and all of its systems of collection, treatment, and disposal are properly operated and maintained; PENALTY: $9,100; ENFORCEMENT COORDINATOR: Mac Vilas, (512) 239-2557; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(14) COMPANY: Jimmy Colter & Jimmy Holt dba Linden Fuel Center; DOCKET NUMBER: 2004-0578-PST-E; IDENTIFIER: PST Facility Identification Number 0073859, RN102255791; LOCATION: Linden, Cass County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.51(b)(2)(C) and the Code, §26.3475(c)(2), by failing to provide proper overfill prevention equipment; the Code, §26.121(a), by failing to prevent an unauthorized discharge; and 30 TAC §§334.10(b), 334.49(e)(2), and 334.50(e)(2), by failing to maintain records adequate to demonstrate compliance with release detection and corrosion requirements; PENALTY: $6,800; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(15) COMPANY: Lyondell Chemical Company; DOCKET NUMBER: 2005-0008-AIR-E; IDENTIFIER: Air Account Number HG0537O, RN102523107; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F), Air Permit Number 9395, and THSC, §382.085(b), by failing to limit emissions from the relief valves, fugitive components, and head gaskets; PENALTY: $7,550; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(16) COMPANY: Mexia Independent School District; DOCKET NUMBER: 2004-1055-PST-E; IDENTIFIER: PST Facility Identification Number 66394; LOCATION: Mexia, Limestone County, Texas; TYPE OF FACILITY: school bus refueling station; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $1,900; ENFORCEMENT COORDINATOR: Chad Blevins, (512) 239-6017; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(17) COMPANY: Moore Wallace North America, Inc. dba Wetmore & Company; DOCKET NUMBER: 2005-0170-AIR-E; IDENTIFIER: Air Account Number HG7255B, Operating Permit Number O-01684, RN100215011; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: commercial lithographic printing plant; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit the annual compliance certification; 30 TAC §122.143(4), Operating Permit No. O-01684, and THSC, §382.085(b), by failing to conduct annual observations of stationary vents for visible emissions; and 30 TAC §116.315(a) and THSC, §382.085(b), by failing to submit a renew application for new source review permit number 25425; PENALTY: $4,800; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239- 0321; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767- 3500.

(18) COMPANY: Motiva Enterprises, LLC; DOCKET NUMBER: 2004-2026-AIR-E; IDENTIFIER: Air Account Number JE0095D, RN100209451; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.115(b)(2)(F), Air Permit Number 8404, and THSC, §382.085(b), by exceeding the permitted emissions limit from the emergency flare; PENALTY: $5,050; ENFORCEMENT COORDINATOR: Larry King, (512) 239-7037; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(19) COMPANY: National-Oil Well, L.P.; DOCKET NUMBER: 2005-0317-IWD-E; IDENTIFIER: TPDES Permit Number 12314001, RN103886057; LOCATION: Channelview, Harris County, Texas; TYPE OF FACILITY: domestic wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 12314001, and the Code, §26.121(a), by failing to maintain daily average total suspended solids within the permitted limits; and 30 TAC §21.4(e) and §205.6 and the Code, §5.702(a), by failing to pay outstanding general permits storm water and toxic chemical release fees; PENALTY: $2,112; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(20) COMPANY: Residual Fuels, Inc.; DOCKET NUMBER: 2004-1912-PST-E; IDENTIFIER: PST Facility Identification Number 10730, RN101823300; LOCATION: Graham, Young County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(2)(C) and (4)(C) and the Code, §26.3475(d), by failing to inspect the impressed current cathodic protection system and by failing to permit an operability test on the cathodic protection system; 30 TAC §334.50(a)(1)(A), (b)(1)(A), (2)(A)(i)(III), (ii)(I) and (II), and the Code, §26.3475(a) and (c)(1), by failing to provide a method or combination of methods of release detection, by failing to monitor tanks in a manner which will detect a release, by failing to annually test the line leak detectors, and by failing to test the piping for releases; and 30 TAC §334.7(e)(2), by failing to ensure that the underground storage tank registration and self- certification forms are fully and accurately completed; PENALTY: $4,800; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(21) COMPANY: Mohammad Jamshidi dba Super Stop; DOCKET NUMBER: 2004-1531-PST- E; IDENTIFIER: PST Facility Identification Number 35470, RN102264702; LOCATION: Corsicana, Navarro County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $2,520; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(22) COMPANY: Terry L. Leatherwood dba T Woods Grocery & Gas; DOCKET NUMBER: 2004-1587-PST-E; IDENTIFIER: PST Facility Identification Number 55629, RN101880540; LOCATION: Odessa, Ector County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Michael Limos, (512) 239-5839; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705- 5404, (915) 570-1359.

(23) COMPANY: Total Petrochemicals USA, Inc.; DOCKET NUMBER: 2005-0171-AIR-E; IDENTIFIER: Air Account Number HG0036S, RN100212109; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 21538, and THSC, §382.085(b), by failing to comply with the emissions limits stated in the maximum allowable emissions rates table; PENALTY: $3,550; ENFORCEMENT COORDINATOR: Kensley Greuter, (512) 239-2520; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(24) COMPANY: Via Bayou Inc. dba Via Bayou RV Resort; DOCKET NUMBER: 2004-1544- MWD-E; IDENTIFIER: TPDES Permit Number 14326-001, RN102887312; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 14326-001, and the Code, §26.121(a), by failing to comply with its permitted effluent limits; PENALTY: $4,320; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(25) COMPANY: City of Wichita Falls; DOCKET NUMBER: 2005-0077-MSW-E; IDENTIFIER: Municipal Solid Waste (MSW) Permit Number 1429, RN102980687; LOCATION: Wichita Falls, Wichita County, Texas; TYPE OF FACILITY: municipal solid waste transfer station; RULE VIOLATED: 30 TAC §328.60(a) and THSC, §361.112(a), by failing to obtain a scrap tire storage site registration; and 30 TAC §330.150(1) and MSW Permit Number 1429, by failing to have current, updated site operation and site development plans; PENALTY: $3,255; ENFORCEMENT COORDINATOR: Erika Fair, (512) 239-6673; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

TRD-200501602

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 19, 2005

On April 18, 2005, the Radiation Program Officer, Department of State Health Services (department), approved the settlement agreement between the department and Memorial Hermann Healthcare System, dba Hermann Breast Center (registrant-M00528) of Houston. A total administrative penalty in the amount of $4,000 was assessed the registrant for violations of 25 Texas Administrative Code, Chapter 289.

A copy of all relevant material is available, by appointment, for public inspection at the Department of State Health Services, 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-200501606

Cathy Campbell

Director, Legal Services

Department of State Health Services

Filed: April 19, 2005

Multifamily Housing Revenue Bonds (Villas at Henderson Place) Series 2005

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Cleburne High School, 1501 Harlin Drive, Cleburne, Texas 76033, at 6:00 p.m. on May 18, 2005 with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $12,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to Cleburne Villas Apartments, L.P., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing and equipping a multifamily housing development (the "Development") described as follows: 180-unit multifamily residential rental development, of which a portion of the units will be for seniors, to be located at 1648 W. Henderson Street, Johnson County, Texas. The Development initially will be owned by the Borrower.

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

Persons who intend to appear at the hearing and express their views are invited to contact Robbye Meyer in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Robbye Meyer prior to the date scheduled for the hearing. Individuals who require a language interpreter for the hearing should contact Robbye Meyer at least three days prior to the hearing date. Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados.

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

TRD-200501638

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: April 20, 2005

Multifamily Housing Revenue Bonds (Park Manor Senior Community) Series 2005

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Wakefield Elementary School, 400 Sunset Boulevard, Sherman, Texas 75092, at 6:00 p.m. on May 26, 2005 with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $10,400,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to OHC/Park Manor Ltd., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing and equipping a multifamily housing development (the "Development") described as follows: 196-unit multifamily residential rental development to be located at approximately the east side of FM 1417, approximately 640 feet north of Park Avenue, Grayson County, Texas. The Development initially will be owned by the Borrower.

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

Persons who intend to appear at the hearing and express their views are invited to contact Robbye Meyer in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Robbye Meyer prior to the date scheduled for the hearing. Individuals who require a language interpreter for the hearing should contact Robbye Meyer at least three days prior to the hearing date. Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados.

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

TRD-200501639

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Filed: April 20, 2005

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

Application for admission to Texas of INTEGRITY ADMINISTRATORS, INC., a foreign third party administrator. The home office is LAS VEGAS, NEVADA.

Application for admission to Texas of JOHNSTON & ASSOCIATES, INC., a foreign third party administrator. The home office is FRANKLIN, TENNESSEE.

Application for incorporation in Texas of CBG SERVICES CORPORATION, a domestic third party administrator. The home office is AUSTIN, TEXAS.

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

TRD-200501640

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: April 20, 2005

The Texas Department of Licensing and Regulation announces vacancies on the Elevator Advisory Board established by Texas Health and Safety Code, Chapter 754, Subchapter B. The pertinent rules may be found in 16 TAC §74.65. The purpose of the Elevator Advisory Board is to advise the Texas Commission of Licensing and Regulation on the adoption of appropriate standards for the installation, alteration, operation and inspection of equipment; the status of equipment used by the public in this state; sources of information relating to equipment safety; public awareness programs related to elevator safety, including programs for sellers and buyers of single-family dwellings with elevators, chairlifts, or platform lifts; and any other matter considered relevant by the Commission.

The Board is composed of nine members appointed by the presiding officer of the Commission, with the Commission’s approval. The Board consists of a representative of the insurance industry or a certified elevator inspector; a representative of equipment constructors; a representative of owners or managers of a building having fewer than six stories and having equipment; a representative of owners or managers of a building having six stories or more and having equipment; a representative of independent equipment maintenance companies; a representative of equipment manufacturers; a licensed or registered engineer or architect; a public member; and a public member with a physical disability. Members serve at the will of the Commission. This announcement is for the positions of one licensed or registered engineer or architect and one public member.

Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, FAX (512) 475-2874 or Email jackie.revilla@license.state.tx.us. Applications may also be downloaded from the Department website at: www.license.state.tx.us. Applicants may be asked to appear for an interview, however any required travel for an interview would be at the applicant's expense.

TRD-200501632

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: April 20, 2005

The Texas Department of Licensing and Regulation announces a vacancy on the Licensed Court Interpreter Advisory Board established by Texas Government Code, Chapter 57. The purpose of the Licensed Court Interpreter Advisory Board is to advise the Texas Commission of Licensing and Regulation in adopting rules and designing a licensing examination.

The Board is composed of nine members appointed by the presiding officer of the Commission, with the Commission’s approval. The Board consists of an active district, county, or statutory county court judge who has been a judge for at least the three years preceding the date of appointment; an active court administrator who has been a court administrator for at least the three years preceding the date of appointment; an active attorney who has been a practicing member of the state bar for at least the three years preceding the date of appointment; three active licensed court interpreters; and three public members who are residents of this state. Members serve staggered six year terms with the terms of one third of the members expiring on February 1, or each odd numbered year. This announcement is for one position of an active district, county, or statutory county court judge who has been a judge for at least the three years preceding the date of appointment.

Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, FAX (512) 475-2874 or Email jackie.revilla@license.state.tx.us. Applications may also be downloaded from the Department website at: www.license.state.tx.us.

Applicants may be asked to appear for an interview; however any required travel for an interview would be at the applicant's expense.

TRD-200501633

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: April 20, 2005

The Texas Department of Licensing and Regulation announces a vacancy on the Medical Advisory Committee established by Texas Occupations Code, Chapter 2052. The pertinent rules may be found in 16 TAC §61.120. The purpose of the Medical Advisory Committee is to advise the Texas Commission of Licensing and Regulation on health issues for boxing event contestants including physical tests for contestants and registration requirements for ringside physicians.

The Committee is composed of seven members appointed by the presiding officer of the Commission, with the Commission’s approval. The Committee consists of one trauma specialist; one ophthalmologist; one sports doctor; one neurologist; one emergency medical technician; and two public members. Members serve at the will of the Commission. This announcement is for one position of an emergency medical technician.

Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, FAX (512) 475-2874 or Email jackie.revilla@license.state.tx.us. Applications may also be downloaded from the Department website at: www.license.state.tx.us.

Applicants may be asked to appear for an interview; however any required travel for an interview would be at the applicant's expense.

TRD-200501643

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: April 20, 2005

1.0 Name and Style of Game.

A. The name of Instant Game No. 524 is "TREASURE HUNT". The play style is "key symbol match".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 524 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 524.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: MONEY BAG SYMBOL, STACK OF COINS SYMBOL, BARREL SYMBOL, TREASURE MAP SYMBOL, HOOK SYMBOL, PARROT SYMBOL, HAT SYMBOL, ANCHOR SYMBOL, MOON SYMBOL, SHARK SYMBOL, SAND DOLLAR SYMBOL, PALM TREE SYMBOL, SEA HORSE SYMBOL, HELM SYMBOL, SHOVEL SYMBOL, PICK SYMBOL, GEM SYMBOL, SUN SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $200, $2,000 and $25,000.

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

1.0 Name and Style of Game.

A. The name of Instant Game No. 600 is "GIANT JUMBO BUCKS". The play style is "key number match with multiplier".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 600 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 600.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, JUMBO SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, $20.00, $25.00, $40.00, $50.00, $100, $500, $1,000 and $50,000.

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

Notice is given to the public of an application filed on April 18, 2005, with the Public Utility Commission of Texas, for an amendment to a certificated service area boundary.

Docket Style and Number: Application of Southwestern Bell Telephone, L.P. d/b/a SBC Texas to Amend Certificate of Convenience and Necessity to Modify the Service Area Boundaries between the Frisco and Allen Exchanges. Docket Number 31008.

The Application: The minor boundary amendment is being requested to transfer a small portion of serving area from the Frisco exchange to the Allen exchange of SBC Texas. This minor boundary amendment will allow SBC to efficiently and expeditiously provide service to all residents of a new apartment complex. SBC does not have adequate facilities from its Frisco exchange to provide local exchange service, but does have ample facilities in the neighboring Allen exchange to promptly provision service to the residents in the apartment complex.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by May 10, 2005, 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 31008.

TRD-200501620

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 19, 2005

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on April 13, 2005, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of CenturyTel Acquisition LLC for a Service Provider Certificate of Operating Authority, Docket Number 31001 before the Public Utility Commission of Texas.

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

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than May 4, 2005. 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 31001.

TRD-200501618

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 19, 2005

Notice is hereby given to the public of the April 8, 2005 filing with the Public Utility Commission of Texas (commission) of the Petition of the Electric Reliability Council of Texas (ERCOT) for Approval of an Unaffiliated Director.

Docket Style and Number: Petition of the Electric Reliability Council of Texas (ERCOT) for Approval of Unaffiliated Director, Docket Number 30994.

The Application: ERCOT seeks approval of an Unaffiliated Director of the ERCOT Board. The Commission has jurisdiction over this matter pursuant to Public Utility Regulatory Act (PURA), Texas Utilities Code Annotated §39.151 (Vernon 1998 and Supplement 2005). Pursuant to ERCOT bylaws, ERCOT's Corporate Members have approved the selection of the Unaffiliated Director. ERCOT's Nominating Committee unanimously selected Carolyn Lewis Gallagher as the Unaffiliated Director of the ERCOT Board. The director will be seated at the April 19, 2005, Board meeting and will serve pending commission consideration for approval.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or 1-800-735-2989. All correspondence should refer to Docket Number 30994.

TRD-200501617

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 19, 2005

Notice is given to the public of the filing on April 14, 2005, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214. The Applicant will file the LRIC study on or around April 25, 2005.

Docket Title and Number: Central Telephone Company of Texas, Inc., d/b/a Sprint Application for Approval of LRIC Study To Introduce Special Plan Bundle Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 31002.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 31002. Written comments or recommendations should be filed no later than forty-five (45) days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas, 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 31002.

TRD-200501619

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 19, 2005