Texas Health and Safety Code, Texas Water Code and Texas Clean Air Act

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

Case Title and Court: State of Texas v. Jackie Duncan, individually and d/b/a Jackie's Water Company , Cause No. GV401163, in the 345th District Court, Travis County, Texas.

Nature of Defendant's Operations: Jackie Duncan owns and operates a public drinking water system serving 30 - 50 connections near Carrizo Springs, Dimmitt County, Texas. The TCEQ inspected the facility multiple times and identified repeated administrative, operational, and structural problems. Defendant does not have a certificate of convenience and necessity or tariff required for utilities and has not filed a number of other required plans and documents. The TCEQ issued an Agreed Order directing Jackie Duncan to implement corrective actions and to pay an administrative penalty of $4,088. Ms. Duncan did not implement any of the corrective actions and still owes $3,788 of the penalty.

Proposed Agreed Judgment: The Agreed Partial Judgment required Jackie Duncan to pay the civil penalties in the amount of Twenty Two Thousand Five Hundred Dollars ($22,500.00) plus payment of the Three Thousand Seven Hundred Eighty-Eight Dollars ($3,788) unpaid administrative penalty, and attorney's fees in the amount of Fifteen Thousand Dollars ($15,000.00).

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

TRD-200502102

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: May 24, 2005

Ark-Tex Council of Governments

Request for Proposals for Audit Services

The Ark-Tex Council of Governments (ATCOG) is soliciting proposals for Audit Services. Potential respondents may obtain a copy of the request for proposal by contacting Brenda Davis, Ark-Tex Council of Governments, P.O. Box 5307, Texarkana, Texas 75505-5307, or call (903) 832-8636. The deadline for proposal submission is Friday, August 5, 2005, at 4:00 p.m.

TRD-200502106

L.D. Williamson

Executive Director

Ark-Tex Council of Governments

Texas Building and Procurement Commission

Request for Proposal

The Texas Building and Procurement Commission (TBPC), on behalf of the Texas Department of Public Safety (DPS), announces the issuance of a Request for Proposals (RFP) #303-5-10846-A. TBPC seeks a ten (10) year lease of approximately 3,095 sq. ft. of office space in Alvin, Brazoria County, Texas.

The deadline for questions is June 13, 2005 and the deadline for proposals is June 17, 2005 at 3:00 P.M. The award date is June 24, 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=59098.

TRD-200502073

Kenneth Ming

Purchaser

Texas Building and Procurement Commission

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program

Coastal Coordination Council

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of May 13, 2005, through May 19, 2005. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for these activities extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on May 25, 2005. The public comment period for these projects will close at 5:00 p.m. on June 24, 2005.

FEDERAL AGENCY ACTIONS:

Applicant: Petro-Guard Production, LLC ; Location: The project is located in Espiritu Santo Bay from State Tract (ST) 210 in Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Pass Cavallo SW, Texas, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 745826; Northing: 3139096. Project Description: This project was initially permitted under Department of the Army (DA) Permit 11006(12)/065. DA Permit 11006 expired December 31, 2001. The applicant proposes to install, operate, and maintain structures and equipment necessary for oil and gas drilling, and production activities. Such activities include installation of typical marine barges and keyways, shell and gravel pads, production structures with attendant facilities, and flowlines. CCC Project No.: 05-0230-F1; Type of Application: U.S.A.C.E. permit application #23686 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Applicant: Petro-Guard Production, LLC ; Location: The project is located in Espiritu Santo Bay from State Tract (ST) 215 in Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Pass Cavallo SW, Texas, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 746272; Northing: 3137101. Project Description: This project was initially permitted under Department of the Army (DA) Permit 11006(12)/062. DA Permit 11006 expired December 31, 2001. The applicant proposes to install, operate, and maintain structures and equipment necessary for oil and gas drilling, and production activities. Such activities include installation of typical marine barges and keyways, shell and gravel pads, production structures with attendant facilities, and flowlines. CCC Project No.: 05-0231-F1; Type of Application: U.S.A.C.E. permit application #23686 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Applicant: Joint Shoreline Stabilization Project ; Location: The project site is located in Galveston Bay, between 2002 and 2020 Todville Road, in Seabrook, Harris County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: League City, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 304911; Northing: 3272036. Project Description: The applicant is requesting authorization to retain fill material discharged into waters of the United States prior to obtaining a Department of the Army permit. Approximately 1,300 cubic yards of broken concrete riprap were placed atop existing riprap along a 335-foot-long stretch of eroded shoreline. The riprap was placed an average of 30 feet seaward of the previous shoreline. The project was necessary to reduce shoreline erosion and to prevent future loss of property. No wetlands or vegetated shallows were impacted as a result of the unauthorized activity. CCC Project No.: 05-0267-F1; Type of Application: U.S.A.C.E. permit application #23773 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act.

Applicant: Neumin Production Company ; Location: The project is located in Lavaca Bay, in State Tract (ST) 36, Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Lavaca East, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 741088; Northing: 3166849. Project Description: The applicant proposes to install, operate, and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities for the proposed ST 36 Well No.1. Such activities include installation of typical marine barges and keyways, production structures with attendant facilities, and flowlines. The project includes the installation of three, 1,377-foot, 2.5-inch diameter flowlines to a depth of -3 feet beneath the bay bottom by jetting and/or plowing, and discharging approximately 918 cubic yards of material. Water depth in the project area is approximately -8 feet MHW. CCC Project No.: 05-0268-F1; Type of Application: U.S.A.C.E. permit application #23757 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: West Gulf Marine, Inc. ; Location: The project is located in State Tract (ST) 240 in Galveston Bay, at 6000 Harborside Drive, City of Galveston, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Galveston, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 320300; Northing: 3242260. Project Description: The applicant proposes to conduct (hydraulic) maintenance dredging and new dredging with construction improvements at its existing marine facilities site located at 6000 Harborside Drive, in ST 240 in Galveston Bay, Galveston, Texas. Approximately 85,000 cubic yards will be maintenance dredged within a proposed mooring area, including existing mooring areas, and a 2,425-foot access channel to the Gulf Intracoastal Waterway.

The disposal site for the 85,000 cubic yards of maintenance dredge material will be placed in an existing placement cell located on the applicant's upland property immediately adjacent to the proposed work. In addition, approximately 9 acres (55,000 cubic yards) will be subject to new dredging to a depth of 13 feet below the mean low tide elevation. This new dredge material will be placed in the existing disposal cell located on the project property. In addition, 4,000 cubic yards of separate fill material (broken concrete) will be used to construct 2,000 linear feet of riprap along the existing shoreline. CCC Project No.: 05-0270-F1; Type of Application: U.S.A.C.E. permit application #15913(03) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act.

Applicant: Neumin Production Company ; Location: The project is located in Lavaca Bay, in State Tract (ST) 36, Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Lavaca East, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 741889; Northing: 3166389. Project Description: The applicant proposes to install, operate and maintain structures and equipment necessary for oil and gas drilling, production and transportation activities for the proposed ST 36 Well No.2. Such activities include installation of typical marine barges and keyways, production structures with attendant facilities, and a flowline that extends from the proposed well to the proposed ST 36 No.3 Well. The project includes the installation of 1,513 feet of 2.5-inch diameter flowline to a depth of -3 feet beneath the bay bottom by jetting and/or plowing, and discharging approximately 336 cubic yards of material during the installation process. Water depth in the project area is approximately -5.5 feet MHW. CCC Project No.: 05-0272-F1; Type of Application: U.S.A.C.E. permit application #23775 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: Neumin Production Company ; Location: The project is located in Lavaca Bay, in State Tract (ST) 36, Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Lavaca East, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 741482; Northing: 3166605. Project Description: The applicant proposes to install, operate, and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities for the proposed ST 36 Well No.3. Such activities include installation of typical marine barges and keyways, production structures with attendant facilities, and a flowline that runs from the proposed well to an existing onshore facility. The project includes the installation of two, 605-foot, 2.5-inch diameter flowlines to a depth of -3 feet beneath the bay bottom by jetting and/or plowing, and discharging approximately 268 cubic yards of material during the installation process. Water depth in the project area is approximately -8 feet MHW. CCC Project No.: 05-0273-F1; Type of Application: U.S.A.C.E. permit application #23777 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: Neumin Production Company ; Location: The project is located in Lavaca Bay, in State Tract (ST) 36, Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Port Lavaca East, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 741503; Northing: 3166788. Project Description: The applicant proposes to install, operate and maintain structures and equipment necessary for oil and gas drilling, production and transportation activities for the proposed ST 36 Well No.4. Such activities include installation of typical marine barges and keyways, production structures with attendant facilities, and a flowline that runs between the proposed well and the proposed ST 36 Well No. 4. The project includes the installation of a 14,919-foot, 6.0-inch diameter flowline to a depth of -3 feet beneath the bay bottom by jetting and/or plowing, and discharging approximately 3,315 cubic yards of material during the installation process. Water depth in the project area is approximately -8 feet MHW. CCC Project No.: 05-0274-F1; Type of Application: U.S.A.C.E. permit application #23778 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Applicant: Dinosaur Oil and Gas Inc. ; Location: The project is located in wetlands adjacent to a manmade canal system connected to Mentzel Bayou, northwest of the intersection of Stewart Road and Spanish Main Boulevard, in the Conquistador Gardens addition to the Spanish Grant Subdivision in Galveston, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Lake Como, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 313349; Northing: 3234411. Project Description: The applicant proposes to fill 2.54 acres of jurisdictional wetlands for the development of seven 1-acre lots within an existing residential housing community. The wetlands to be impacted are primarily mid to high marsh dominated by saltgrass (Distichlis spicata), bushy sea-oxeye daisy (Borrichia frutescens), hightide bush (Iva frutescens), Gulf cordgrass (Spartina spartinae), and marshhay cordgrass (Spartina patens). A fringe of smooth cordgrass (Spartina alterniflora) exists in the intertidal area adjacent to the canal.

The applicant proposes to dredge 3,910 cubic yards of material from within the existing canal immediately in front of the proposed lots to raise the grade of the lots and provide access to a depth of -8.0 feet mean sea level. The lots are to be filled to an elevation of 5 feet above mean sea level (MSL) in preparation of the lots for construction. Additional fill for raising the elevation of the lots will be clean fill obtained from commercial sources. The proposal includes the construction of 724 feet of bulkhead along the shoreline and an additional 154 feet of bulkhead at the west end of the canal. The proposal also includes the construction of 7 boathouses. Each of the boathouses is 720 square feet in plan view. To offset the proposed impacts, the applicant proposes to contribute funds to the Nature Conservancy's Texas City Prairie Preserve for the furtherance of a 65-acre prairie restoration project in wetlands adjacent to Dickinson Bayou. CCC Project No.: 05-0275-F1; Type of Application: U.S.A.C.E. permit application #22709(01) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Genesis Producing Company ; Location: The project is located in Galveston Bay, in the north half of State Tract (ST) 222, approximately 7.7 miles west northwest of Smith Point, Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Bacliff, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 317488; Northing: 3272036. Project Description: The applicant proposes to install operate and maintain structures necessary for oil and gas drilling activities within ST 222. Such activities include installation of typical marine barges and keyways, shell and gravel pads, and production structures with attendant facilities. The applicant will discharge no more than 3,500 cubic yards of fill for the shell/gravel pad, which will not raise the bottom elevation more than 3 feet relative to the surrounding natural bottom elevation. Water depth in the vicinity of the proposed ST 222 Well No.1 is -9 feet mean low water. CCC Project No.: 05-0276-F1; Type of Application: U.S.A.C.E. permit application #23747 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Applicant: Genesis Producing Company ; Location: The project is located in Galveston Bay, in the south half of State Tract (ST) 205, approximately 8 miles west-northwest of Smith Point, Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Bacliff, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 317321; Northing: 3272933. Project Description: The applicant proposes to install operate and maintain structures necessary for oil and gas drilling activities within ST 205. Such activities include installation of typical marine barges and keyways, shell and gravel pads, and production structures with attendant facilities. The applicant will discharge no more than 3,500 cubic yards of fill for the shell/gravel pad, which will not raise the bottom elevation more than 3 feet relative to the surrounding natural bottom elevation. Water depth in the vicinity of the proposed ST 205 Well No.1 is -9 feet mean low water. CCC Project No.: 05-0277-F1; Type of Application: U.S.A.C.E. permit application #23748 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Railroad Commission under §401 of the Clean Water Act.

Applicant: ConocoPhillips Company ; Location: The project is located in the San Bernard River at the ConocoPhillips barge facility in Sweeney, Brazoria County, Texas. The project can be located on the U.S.G.S. quadrangle map titled Sweeney, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 238961; Northing: 3219333. Project Description: The applicant proposes to perform mechanical maintenance dredging on an existing barge slip to the originally permitted depth of 9.0 feet below mean low tide. This maintenance cycle will remove 750 cubic yards of material and place it in a contained upland disposal area. The applicant has also requested authorization for 10 years of maintenance dredging. CCC Project No.: 05-0278-F1; Type of Application: U.S.A.C.E. permit application #12692(02) is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.

Further information on the applications listed above may be obtained from Ms. Tammy Brooks, Program Specialist, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.

TRD-200502074

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 05/30/05 - 06/05/05 is 18% for Consumer ¹ /Agricultural/Commercial2 /credit thru $250,000.

The weekly ceiling as prescribed by Sections 303.003 and 303.009 for the period of 05/30/05 - 06/05/05 is 18% for Commercial over $250,000.

¹ Credit for personal, family or household use.

² Credit for business, commercial, investment or other similar purpose.

TRD-200502072

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Texas Board of Professional Engineers

Draft Policy Advisory Opinion Regarding Water Quality Planning

The Texas Board of Professional Engineers is given authority to issue Advisory Opinions under Subchapter M, Chapter 1001 of the Occupations Code (Texas Engineering Practice Act). The Board is required to issue an advisory opinion about interpretations of the Texas Engineering Practice Act in regard to a specific existing or hypothetical factual situation if requested by a person and to respond to that request within 180 days. Pursuant to that requirement, the Board hereby presents the following Draft Policy Advisory Opinion regarding Water Quality Planning. The Board, upon a written request to issue a Policy Advisory regarding the engineering aspects of water quality planning projects, has developed a stakeholder process to gather information from professional engineers and consultants. The following Policy Advisory, "Policy Advisory Opinion Regarding Water Quality Planning", was written using stakeholder comments and is being posted here for public comment. The Texas Board of Professional Engineers has not ratified the Policy Advisory Opinion as yet. Comments received during the posting period will be considered for inclusion in the final version of the Policy Advisory that will be presented to the Board for ratification during a regularly scheduled meeting of the Texas Board of Professional Engineers.

Comments should be directed to:

Texas Board of Professional Engineers

1917 IH 35 South

Austin, Texas 78741

Attention: Policy Advisory Staff

Or by e-mail to: peboard@tbpe.state.tx.us

TRD-200502070

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Policy Advisory Statement Regarding Water Quality Planning

March 28, 2005

Executive Summary: Water quality planning includes measurement/assessment activities and the design and/or implementation of systems for the use of water. Many of the assessment and measurement activities including TMDL (Total Maximum Daily Load) studies and biological assessments are performed by qualified scientists. When engineering analysis or design is required to implement a water use plan based on these studies, then professional engineers are required to perform these implementation tasks. Specific activities including feasibility studies, siting, performance monitoring and specification and design of water treatment systems require professional engineering. Engineer involvement is necessary for the implementation of water quality measures through the construction of public works not exempted from the Texas Engineering Practice Act (Act) and in the design of engineered water quality measures for private works not exempted by the Act.

Background: This policy advisory is intended to better define when the services of a Texas licensed professional engineer are required to perform specific tasks associated with water quality planning projects. Water quality planning involves the work of engineers and other professionals, (for example, geoscientists, biologists, chemists). The technical portion of water quality planning projects can be divided into two phases, assessment/measurement and implementation. Measurement/assessment activities involve the actual sampling of water bodies and pollution sources and simulations to illustrate how the pollution sources affect the water body. Assessment includes the definition of the planning area and the analysis of pertinent studies and simulations already completed and the recommendation that further studies need to be performed. Usually, these assessment activities are performed by non-engineers. In the assessment stage of a project, recommendations are frequently made regarding water treatment options. A recommendation, in itself, is not an exclusive engineering activity. For example, a study may reveal that the concentration of a specific material exceeds a published guideline and would recommend that water treatment is necessary to remove the material. This type of non-specific recommendation is not engineering. Engineering would be involved in the design of the water treatment system and any testing or modeling required to design the engineered water treatment system would need to be supervised by a professional engineer.

Water Quality Planning Activities that Require Professional Engineers

(1) Feasibility studies regarding engineered water quality control measures, treatment technologies and treatment plants.

(2) Siting of engineered water quality management measures.

(3) Monitoring and evaluation of engineered water quality measures for assessment or adjustment of functional processes.

(4)Specification of engineered water treatment technologies.

In addition to these specific tasks, Texas licensed engineers are required to prepare the specifications, designs and perform construction monitoring of public works projects not exempted by the Act. Licensed professional engineers are required to perform the design of the listed activities for private works not exempted by the Act.

TRD-200502071

Dale Beebe Farrow, P.E.

Executive Director

Texas Board of Professional Engineers

Filed: May 24, 2005

Texas Commission on Environmental Quality

Enforcement Orders

An agreed order was entered regarding City of Eustace, Docket No. 2003-0334-MWD-E on May 16, 2005 assessing $19,680 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Carolyn Lind, Enforcement Coordinator at (903) 535-5145, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Hood County Utilities, Inc., Docket No. 2003-1442-MWD-E on May 16, 2005 assessing $11,110 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Brian Lehmkuhle, Enforcement Coordinator at (512) 239-4482, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Alpine, Docket No. 2003-0069-MWD-E on May 16, 2005 assessing $11,440 in administrative penalties with $2,288 deferred.

Information concerning any aspect of this order may be obtained by contacting Cari Bing, Enforcement Coordinator at (512) 239-1445, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Star Tex Gasoline & Oil Distributors Inc. dba Star Trac 1, Docket No. 2003-0781-PST-E on May 16, 2005 assessing $5,200 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Laurencia Fasoyiro, Staff Attorney at (713) 422-8914, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Pasadena, Docket No. 2003-1017-MWD-E on May 16, 2005 assessing $234,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mike Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Choice Oil & Development, Inc. dba Oak Grove Food Mart, Docket No. 2004-0404-PST-E on May 16, 2005 assessing $13,340 in administrative penalties with $2,668 deferred.

Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, P.E., Enforcement Coordinator at (817) 588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Joaquin, Docket No. 2004-0524-MWD-E on May 16, 2005 assessing $8,181 in administrative penalties with $1,636 deferred.

Information concerning any aspect of this order may be obtained by contacting Daniel Siringi, Enforcement Coordinator at (409) 899-8799, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Alan Black and Yolanda Black dba Blacks Construction and Caliche Pit, Docket No. 2004-0553-MSW-E on May 18, 2005 assessing $3,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Xavier Guerra, Staff Attorney at (210) 403-4016, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Jim Strong dba Papa's Market, Docket No. 2004-0597-PST-E on May 16, 2005 assessing $4,500 in administrative penalties with $900 deferred.

Information concerning any aspect of this order may be obtained by contacting Chad Blevins, Enforcement Coordinator at (512) 239-6017, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Elkhart, Docket No. 2004-0673-MWD-E on May 17, 2005 assessing $33,325 in administrative penalties with $33,325 deferred.

Information concerning any aspect of this order may be obtained by contacting Sandy VanCleave, Enforcement Coordinator at (512) 239-0667, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Faulkey Gully MUD, Docket No. 2004-0705-MWD-E on May 17, 2005 assessing $9,590 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CA New Plan Floating Rate Partnership L.P., Docket No. 2004-0784-MWD-E on May 16, 2005 assessing $950 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Catherine Albrecht, Enforcement Coordinator at (713) 767-3672, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Johnny Bailey dba Bailey's Pump Service, Docket No. 2004-0786-PST-E on May 16, 2005 assessing $13,200 in administrative penalties.

An agreed order was entered regarding City of Splendora, Docket No. 2004-0812-MWD-E on May 16, 2005 assessing $13,100 in administrative penalties.

An agreed order was entered regarding Walden Woods Company, Docket No. 2004-0865-MWD-E on May 16, 2005 assessing $11,220 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Ashley Kever, Staff Attorney at (512) 239-2987, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Texas Department of Transportation, Docket No. 2004-0976-MWD-E on May 16, 2005 assessing $9,250 in administrative penalties with $1.850 deferred.

Information concerning any aspect of this order may be obtained by contacting David Van Soest, Enforcement Coordinator at (512) 239-0468, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Brink's Home Security, Inc., Docket No. 2004-1001-PST-E on May 16, 2005 assessing $5,500 in administrative penalties with $1,100 deferred.

Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (817) 588-5886, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Lucky Lady Oil Company dba Super Lucky Lady 2, Docket No. 2004-1021-PST-E on May 16, 2005 assessing $2,480 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Chris Friesenhahn, Enforcement Coordinator at (210) 403-4077, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Sheridan Water Supply Corporation, Docket No. 2004-1023-PWS-E on May 16, 2005 assessing $976 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Elvia Maske, Enforcement Coordinator at (512) 239-0789, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Hallsville, Docket No. 2004-1028-MWD-E on May 16, 2005 assessing $1,950 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator at (512) 239-2134, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Shirley Creek Marina, Inc., Docket No. 2004-1051-MWD-E on May 16, 2005 assessing $5,100 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Laurie Eaves, Enforcement Coordinator at (512) 239-4495, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding I I M A Corporation dba Wichita Texaco, Docket No. 2004-1054-PST-E on May 16, 2005 assessing $2,850 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jill Reed, P.E., Enforcement Coordinator at (432) 570-1359, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Apache Stone Quarry, Inc., Docket No. 2004-1078-WQ-E on May 16, 2005 assessing $10,000 in administrative penalties with $2,000 deferred.

Information concerning any aspect of this order may be obtained by contacting Ronnie Kramer, Enforcement Coordinator at (806) 468-0512, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Vina R. Patel dba Glad Mart 1, Docket No. 2004-1094-PST-E on May 16, 2005 assessing $1,600 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Kirvin, Docket No. 2004-1100-PWS-E on May 16, 2005 assessing $3,235 in administrative penalties.

An agreed order was entered regarding Tecon Water Company, L.P. dba Cherokee Shores Water Supply and Granbury Acres Water System, Docket No. 2004-1101-PWS-E on May 16, 2005 assessing $7,390 in administrative penalties.

An agreed order was entered regarding Russell S. Robinson, Jr., Docket No. 2004-1104-WOC-E on May 16, 2005 assessing $375 in administrative penalties with $75 deferred.

Information concerning any aspect of this order may be obtained by contacting John Barry, Enforcement Coordinator at (409) 899-8781, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding David Dominguez dba D's One Stop, Docket No. 2004-1163-PST-E on May 16, 2005 assessing $1,600 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rebecca Clausewitz, Enforcement Coordinator at (210) 403-4012, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Cornelius Motor Sales, Inc., Docket No. 2004-1170-PST-E on May 16, 2005 assessing $950 in administrative penalties.

An agreed order was entered regarding Moffett Twin Oaks Mobile Home Property Trust, Docket No. 2004-1204-MWD-E on May 16, 2005 assessing $7,080 in administrative penalties.

An agreed order was entered regarding Jose Galarza dba Laureles Grocery, Docket No. 2004-1207-PST-E on May 16, 2005 assessing $1,050 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Pittsburg, Docket No. 2004-1228-MWD-E on May 16, 2005 assessing $3,975 in administrative penalties with $795 deferred.

Information concerning any aspect of this order may be obtained by contacting Merrilee Hupp, Enforcement Coordinator at (512) 239-4490, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Asarco Incorporated, Docket No. 2004-1254-UIC-E on May 16, 2005 assessing $3,125 in administrative penalties.

An agreed order was entered regarding Jerry Chambers dba Joes Quick Stop 2, Docket No. 2004-1283-PST-E on May 16, 2005 assessing $10,800 in administrative penalties with $2,160 deferred.

Information concerning any aspect of this order may be obtained by contacting Kent Heath, Enforcement Coordinator at (512) 239-4575, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Inayat's, Inc. dba Stop & Shop, Docket No. 2004-1306-PST-E on May 16, 2005 assessing $2,520 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Joseph Daley, Enforcement Coordinator at (512) 239-3308, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Groendyke Transport, Inc., Docket No. 2004-1316-PST-E on May 16, 2005 assessing $2,500 in administrative penalties with $500 deferred.

An agreed order was entered regarding Eric Cornelius dba Cornelius Oil Co., Docket No. 2004-1345-PST-E on May 17, 2005 assessing $450 in administrative penalties with $90 deferred.

Information concerning any aspect of this order may be obtained by contacting Erika Fair, Enforcement Coordinator at (512) 239-6673, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Red River Authority of Texas, Docket No. 2004-1354-PWS-E on May 16, 2005 assessing $333 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lori Thompson, Enforcement Coordinator at (903) 535-5116, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Bryan, Docket No. 2004-1372-MWD-E on May 16, 2005 assessing $2,225 in administrative penalties with $445 deferred.

An agreed order was entered regarding Louisiana Chicken Food Mart, Inc. dba Louisiana Chicken Food Mart, Docket No. 2004-1385-PST-E on May 16, 2005 assessing $2,400 in administrative penalties.

An agreed order was entered regarding Akber Ali dba Best Stop Food Mart, Docket No. 2004-1417-PST-E on May 16, 2005 assessing $1,900 in administrative penalties.

An agreed order was entered regarding North Orange Water & Sewer, LLC, Docket No. 2004-1440-MWD-E on May 16, 2005 assessing $7,680 in administrative penalties.

An agreed order was entered regarding Arif Jindani dba Alvin Food Mart, Docket No. 2004-1501-PST-E on May 16, 2005 assessing $2,400 in administrative penalties.

An agreed order was entered regarding Michael R. Silvertooth dba Silvers STore & Motel, Docket No. 2004-1515-PST-E on May 16, 2005 assessing $2,140 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Clair Lyons, Staff Attorney at (512) 239-6996, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Adan R. OCampo dba Adam Auto Service, Docket No. 2004-1599-PST-E on May 16, 2005 assessing $2,910 in administrative penalties.

An agreed order was entered regarding Kaye Weeks dba Bert & Kayes Exxon, Docket No. 2004-1616-PST-E on May 16, 2005 assessing $1,050 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Dana Marley dba Antoine Grocery, Docket No. 2004-1924-PST-E on May 16, 2005 assessing $1,050 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jill McNew, Enforcement Coordinator at (512) 239-0560, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding James O. Teague, Docket No. 2003-1408-MLM-E on May 16, 2005 assessing $5,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Barbara Klein, Staff Attorney at (512) 239-1320, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Acme Brick Company, Docket No. 2003-1492-AIR-E on May 16, 2005 assessing $10,100 in administrative penalties with $2.020 deferred.

Information concerning any aspect of this order may be obtained by contacting Pam Campbell, Enforcement Coordinator at (512) 239-4493, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Acacia Natural Gas Corporation, Docket No. 2003-1335-AIR-E on May 16, 2005 assessing $3,130 in administrative penalties with $626 deferred.

An agreed order was entered regarding R. J. Smelley Company, Inc., Docket No. 2001-0169-AGR-E on May 16, 2005 assessing $25,500 in administrative penalties.

An agreed order was entered regarding Larry Ratliff, Inc., Docket No. 2004-0942-MLM-E on May 16, 2005 assessing $20,000 in administrative penalties.

An agreed order was entered regarding Gerard Van Kooten dba Van Kooten Dairy Farm, Docket No. 2004-0999-AGR-E on May 16, 2005 assessing $4,815 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Tamminga Family Partnership, LTD dba Tamminga Dairy Farm, Docket No. 2004-0916-AGR-E on May 16, 2005 assessing $3,360 in administrative penalties.

An agreed order was entered regarding K & K Langham, LTD., Docket No. 2004-0451-AIR-E on May 16, 2005 assessing $2,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kensley Greuter, Enforcement Coordinator at (512) 239-2520, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Oxy USA WTP LP, Docket No. 2004-1255-AIR-E on May 16, 2005 assessing $2,425 in administrative penalties.

An agreed order was entered regarding Kinder Morgan Production Company LP, Docket No. 2004-1047-AIR-E on May 16, 2005 assessing $5,000 in administrative penalties with $1,000 deferred.

Information concerning any aspect of this order may be obtained by contacting Jaime Garza, Enforcement Coordinator at (956) 430-6030, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ConocoPhillips Company, Docket No. 2004-0704-AIR-E on May 16, 2005 assessing $116,725 in administrative penalties with $23,345 deferred.

An agreed order was entered regarding Albemarle Corporation, Docket No. 2004-0941-IHW-E on May 16, 2005 assessing $3,625 in administrative penalties with $725 deferred.

Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, Enforcement Coordinator at (713) 767-3624, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Quest Chemical Corporation, Docket No. 2004-1453-IHW-E on May 16, 2005 assessing $6,750 in administrative penalties with $1,350 deferred.

Information concerning any aspect of this order may be obtained by contacting Laura Clark, Enforcement Coordinator at (409) 899-8760, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Duco, Inc., Docket No. 2004-1648-IWD-E on May 16, 2005 assessing $4,200 in administrative penalties.

An agreed order was entered regarding Maverick Tube, L.P., Docket No. 2004-0995-IWD-E on May 16, 2005 assessing $11,050 in administrative penalties.

An agreed order was entered regarding Allied Waste Systems, Inc. dba Trinity Waste Services, Docket No. 2004-1205-MSW-E on May 16, 2005 assessing $250 in administrative penalties with $50 deferred.

Information concerning any aspect of this order may be obtained by contacting Thomas Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Cypress 4F Cattle & Ranch, LTD., Docket No. 2004-1418-EAQ-E on May 16, 2005 assessing $4,500 in administrative penalties with $900 deferred.

An agreed order was entered regarding Lower Colorado River Authority, Docket No. 2004-1494-EAQ-E on May 16, 2005 assessing $20,250 in administrative penalties with $4,050 deferred.

An agreed order was entered regarding Century Park Apartments Limited Partnership dba Century Park Apartments, Docket No. 2004-0782-EAQ-E on May 16, 2005 assessing $3,750 in administrative penalties with $750 deferred.

Information concerning any aspect of this order may be obtained by contacting Chris Friesenhahm, Enforcement Coordinator at (210) 403-4077, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding San Angelo Packing Company, Inc., Docket No. 2004-1081-AIR-E on May 16, 2005 assessing $1,070 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Edward Moderow, Enforcement Coordinator at (512) 239-2680, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Brazoria, Docket No. 2004-0504-MWD-E on May 23, 2005 assessing $12,737 in administrative penalties.

An agreed order was entered regarding Military Highway Water Supply Corporation, Docket No. 2004-0758-WQ-E on May 23, 2005 assessing $3,300 in administrative penalties.

An agreed order was entered regarding Patrick Dale Sudderth dba Smitty's Drive In, Docket No. 2004-1043-PST-E on May 23, 2005 assessing $1,640 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200502109

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 5, 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 July 5, 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: Charles Engle dba Fabens Oil Company dba Freeway Exxon; DOCKET NUMBER: 2004-1553-PST-E; TCEQ ID NUMBERS: 22318 and RN100819259; LOCATION: 7450 Gateway Boulevard East, El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedure for the underground storage tank (UST) system regardless of the chosen method of release detection; 30 TAC §334.50(b)(1)(A) and (d)(1)(B)(ii) and TWC, §26.3475(c)(1), by failing to reconcile inventory control records; 30 TAC §334.50(b)(1)(A), (d)(4)(A)(ii), and TWC, §26.3475(c)(1), by failing to put the automatic tank gauge into test mode once per month; 30 TAC §334.50(b)(1)(A) and (2)(A)(i)(II), and TWC, §26.3475(c)(1), by failing to have the line leak detectors tested 12 months after the previous annual test; and 30 TAC §334.10(b), and TWC, §26.3475(c)(1), by failing to maintain records to demonstrate compliance with the corrosion protection testing requirements; PENALTY: $4,920; STAFF ATTORNEY: Courtney St. Julian, Litigation Division, MC 175, (512) 239-0617; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(2) COMPANY: Coastal Transport Co., Inc.; DOCKET NUMBER: 2003-0246-PST-E; TCEQ ID NUMBER: RN102605284; LOCATION: 12953 Montana, El Paso, El Paso County, Texas; TYPE OF FACILITY: fuel distribution; RULES VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe that the owner or operator of the facility had a valid, current delivery certificate issued by the TCEQ covering the UST system at the facility prior to depositing a regulated substance into that UST system; PENALTY: $1,200; 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.

(3) COMPANY: Heel Rite of Texas, Inc.; DOCKET NUMBER: 2004-0034-AIR-E; TCEQ ID NUMBERS: EE2097L and RN103086864; LOCATION: 9811 Carnegie Avenue, El Paso, El Paso County, Texas; TYPE OF FACILITY: heel manufacturing; RULES VIOLATED: 30 TAC §116.110(a)(1) and Texas Health and Safety Code (THSC), §382.085(b) and §382.0518(a), by failing to obtain a new source review operating permit prior to the start of the operation and by continuing to operate a heel manufacturing plant which emitted contaminants into the air without authorization; 30 TAC §122.121 and §122.130, and TWC, §382.054 and §382.085(b), by failing to obtain a Title V Federal Operating Permit prior to the start of its plant operations; and 30 TAC §101.10(a)(3) and THSC, §382.085(b), by failing to submit the required emission inventories and related data; PENALTY: $1,200; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(4) COMPANY: Jenkins Management L.L.C. dba Dr. Gleem Car Wash; DOCKET NUMBER: 2003-0912-PST-E; TCEQ ID NUMBERS: 6962 and RN100918259; LOCATION: 3103 Ella Boulevard, Houston, Harris County, Texas; TYPE OF FACILITY: car wash 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: $2,160; STAFF ATTORNEY: Mary Clair Lyons, Litigation Division, MC 175, (512) 239-6996; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Jinnah Enterprise Corporation dba Kwik Mart #3; DOCKET NUMBER: 2003-0849-PST-E; TCEQ ID NUMBERS: 23452 and RN101444172; LOCATION: 2525 East Belknap, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: gas station; 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: $2,910; STAFF ATTORNEY: Benjamin Joseph de Leon, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: La Moderna, Inc.; DOCKET NUMBER: 2003-1355-MLM-E; TCEQ ID NUMBERS: 31695, EE1147F, and RN100820703; LOCATION: 14600 Montana Avenue, El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(d)(9) and (d)(1)(B)(ii), by failing to conduct proper release detection and effective inventory control procedures; 30 TAC §334.49(c)(2)(C) and TWC, §26.3475(d), by failing to inspect the rectifier and other components at least once every 60 days; 30 TAC §334.10(b)(2)(B)(vii), by failing to maintain all records and make the records available during the inspection; and 30 TAC §114.100(a) and THSC, §382.085(b), by selling gasoline for use as a motor fuel in El Paso County with an oxygen content lower than 2.7% by weight; PENALTY: $17,100; STAFF ATTORNEY: Barbara L. Klein, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(7) COMPANY: Lake Whitney Development Company, L.L.C. dba Jac's One Stop; DOCKET NUMBER: 2004-1822-PST-E; TCEQ ID NUMBERS: 34483 and RN101664803; LOCATION: 439 Farm-to-Market Road (FM) 2604, Whitney, Hill County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide 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; and 30 TAC §334.22(a), by failing to pay UST annual and late fees; PENALTY: $4,200; STAFF ATTORNEY: Barbara J. Watson, Litigation Division, MC 175, (512) 239-2044; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(8) COMPANY: M and Y Corporation dba Texaco Metro Mart; DOCKET NUMBER: 2004-0172-PST-E; TCEQ ID NUMBERS: 43429 and RN101557270; LOCATION: 508 East Byron Nelson Boulevard, Roanoke, Denton County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(2) and (b)(2)(A)(i)(III) and TWC, §26.3475, by failing to provide proper release detection for the pressurized piping associated with the UST systems and by failing to test a line leak detector at least once per year for performance and operational reliability; 30 TAC §115.246(5) and THSC, §382.085(b), by failing to maintain a record of the results of testing conducted at the facility; and 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; PENALTY: $3,600; STAFF ATTORNEY: Barbara J. Watson, Litigation Division, MC 175, (512) 239-2044; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(9) COMPANY: Monte Cole dba Coles One Stop; DOCKET NUMBER: 2003-1108-PST-E; TCEQ ID NUMBERS: 28211 and RN101382190; LOCATION: 1022 West Commerce Street, Fairfield, Freestone 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: $2,850; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(10) COMPANY: North Texas Municipal Water District; DOCKET NUMBER: 2002-0772-MWD-E; TCEQ ID NUMBERS: 12446-001, 14008-001, 10384-001, 11783-001, 11894-001, TX0088633, and RN102095585; LOCATIONS: FM 317, Lucas; 806 Alanis Drive, Wylie; 428 Skyline Drive, Murphy, Collin County; Fourth Army Memorial Drive, Frisco, Denton County; and approximately 3/4 of a mile east of FM 740 and 3/4 of a mile northeast of FM 549, Rockwall County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §315.1, §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number 12446-001, Contributing Industries and Pretreatment Requirements, 1.a., 40 Code of Federal Regulations (CFR) §403.8(f)(1), (2)(I), and (6), and the Standard Operational Procedures (SOP) Section of 2.I.B. of the Multi-Jurisdictional Agreement (MJA), by failing to produce an inventory of all industrial users (IUs) located in the cities contained in the approved program; 30 TAC §315.1, §305.125(1), TPDES Permit Number 12446-001, Contributing Industries and Pretreatment Requirements, 1.d., 40 CFR §403.8(f)(1), and Section 2.II.D. SOP of the MJA, by failing to renew the MJA for the City of Allen; 30 TAC §315.1, §305.125(1), TPDES Permit Number 012446-001, Contributing Industries and Pretreatment Requirements, 1., 40 CFR §403.8(f)(1)(v) and (5), and the Enforcement Response Guide (ERG), Time Frame for Responses, 1, by failing to inspect, survey, and monitor the IUs to ensure that they were compliant with pretreatment standards; 30 TAC §315.1, §305.125(1), TPDES Permit Number 12446-001, Contributing Industries and Pretreatment Requirements, 1, 40 CFR §403.12(1), §403.8(f)(2)(iv) and (vi) and (5), SOP Section 2.III.C.4., and the ERG, Time Frame for Responses, 1 and 2, by failing to analyze reports for completeness and accuracy and failing to collect information with sufficient care to produce evidence admissible in enforcement proceedings or judicial actions; 30 TAC §315.1, §305.125(1), TPDES Permit Number 12446-001, Contributing Industries and Pretreatment Requirements, 1.d., and 40 CFR §403.8(f)(1)(iii)(B), by failing to ensure that the IUs permit included a requirement that the permit be provided to a new owner/operator prior to a change in the owner/operator; 30 TAC §305.125(1) and (5), TPDES Permit Number 12446-001, Final Effluent Limitations and Monitoring Requirements Number 1, and TWC, §26.121(a), by failing to comply with certain permitted limits; 30 TAC §315.1, §305.125(1), TPDES Permit Number 14008-001, Contributing Industries and Pretreatment Requirements, 1.g., 40 CFR §403.8(f)(1), and the SOP Section 1(I) and 2(II)(C), by issuing a permit which included the legal citation for the City of Frisco Ordinance 94-09-04; 30 TAC §315.1, §305.125(1), TPDES Permit Number 14008-001, Contributing Industries and Pretreatment Requirements, 1.b., 40 CFR §403.8(f)(1)(v), and the SOP Section 2.I.B., by failing to identify and locate all possible IUs within jurisdictions discharging to the Publicly Owned Treatment Works (POTW) and to make the compilation, index, or inventory available to the approval authority upon demand; 30 TAC §315.1, §305.125(1), TPDES Permit Number 14008-001, Contributing Industries and Pretreatment Requirements, 1., 40 CFR §403.8(f)(5), the SOP Section 2.III.A.1., and the ERG, Time for Responses, 1, by failing to enforce their ERG by not issuing notice of violations (NOVs) for failure to submit the results of the self-monitoring events; 30 TAC §315.1, §305.125(1), TPDES Permit Number 14008-001, Contributing Industries and Pretreatment Requirements, 1., 40 CFR §403.8(f)(1) and the SOP Section 2.II.D., by failing to renew the MJA contained in the approved program; 30 TAC §315.1, §305.125(1), Permit Number 10384-001, Contributing Industries and Pretreatment Requirements, 1., 40 CFR §403.8(f)(2)(I) and (6) and the SOP Section 2.I.B., by failing to identify and locate all possible IUs within the jurisdiction to make the compilation, index, or inventory available to the approval authority upon demand; and 30 TAC §315.1, §305.125(1), Permit Number 10384-001, Contributing Industries and Pretreatment Requirements, 1. and 3., 40 CFR §403.8(f)(2)(v), and the SOP Section 2.III.B., by failing to identify, independent of information supplied by IUs, occasional and continued noncompliance with pretreatment standards; PENALTY: $203,185; STAFF ATTORNEY: James Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: Southwood Estates, Inc.; DOCKET NUMBER: 2001-1422-MWD-E; TCEQ ID NUMBER: 12780-001; LOCATION: approximately 1,900 feet north of State Highway 6 and two miles east of the intersection of State Highway 6 and State Highway 288 near Manvel, Brazoria County, Texas; TYPE OF FACILITY: wastewater treatment; RULES VIOLATED: TCEQ Agreed Order, Docket Number 1998-0219-MWD-E, Ordering Provisions 2.c. - 2.g., by failing to properly operate and maintain all facilities and systems of treatment and control which are installed or used to achieve compliance with the permit conditions; 30 TAC §305.125(1) and (5), by failing to prevent the unauthorized discharge of wastewater from the northwest corner of the aeration basin; 30 TAC §305.125(1) and §319.7(d), and TPDES Permit Number 12780-001, Monitoring and Reporting Requirements, 1., by failing to submit discharge monitoring reports by the 20th day of the following month; 30 TAC §305.125(1) and TPDES Permit Number 12780-001, Requirements Applying to All Sewage Sludge Disposed in a Municipal Solid Waste Landfill G, by failing to submit an annual sludge report; and 30 TAC §305.125(1), by failing to comply with permitted effluent limits; PENALTY: $31,350; 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.

(12) COMPANY: Triangle Business, Inc. dba Honey Stop 22; DOCKET NUMBER: 2003-1224-PST-E; TCEQ ID NUMBERS: 37328 and RN101876936; LOCATION: 3680 Highland Avenue, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.48(c), by failing to conduct inventory control for the UST system; 30 TAC §334.51(b)(2)(C) and TWC, §26.3475(c)(2), by failing to install an overfill prevention device; 30 TAC §334.50(b)(1)(A), (2)(A)(i)(III), and TWC, §26.3475(a) and (c)(1), by failing to provide release detection for the UST system; 30 TAC §334.7(d)(3), by failing to amend, update, or change the registration information regarding the USTs within 30 days from the date of the occurrence of the change or addition; 30 TAC §334.8(c)(5)(C), by failing to provide a clear and legible tag, label, or marking on each UST that is permanently applied upon or affixed to a non-removable point in the immediate area of the fill tube with an UST identification number that is identical to the UST identification number listed on the UST registration form filed with the commission; 30 TAC §334.72(2), by failing to report within 24 hours unusual operating conditions; 30 TAC §334.77(a)(1), by failing to conduct initial abatement procedures to remove as much of the regulated substance from a UST system to prevent further release; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to successfully perform Stage II testing at least once every 12 months; 30 TAC §115.246(3) and (5) and THSC, §382.085(b), by failing to maintain records of any Stage II maintenance and Stage II test results; and 30 TAC §115.248(1) and THSC, §382.085(b), by failing to designate a station representative to receive training and instruction on the correct operation and maintenance of the Stage II equipment; PENALTY: $17,100; STAFF ATTORNEY: Lindsay Andrus, Litigation Division, MC 175, (512) 239-4761; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(13) COMPANY: Woodridge Limited Partnership; DOCKET NUMBER: 2003-0435-MWD-E; TCEQ ID NUMBERS: 13474-001 and RN101525129; LOCATION: Route 1, Woodridge Drive Number 100, Karnack, Harrison County, Texas; TYPE OF FACILITY: wastewater treatment; RULES VIOLATED: 30 TAC §305.125(5) and TPDES Permit Number 13474-001, Operational Requirements Number 1, by failing to ensure at all times that the facility and all of its systems of collection, treatment, and disposal were properly operated and maintained; and 30 TAC §305.125(1), TPDES Permit Number 13474-001, Effluent Limitations and Monitoring Requirements Numbers 1 and 6, and TWC, §26.121(a), by failing to comply with permitted effluent limitations for biological oxygen demand, total suspended solids, flow, and dissolved oxygen; PENALTY: $4,650; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

TRD-200502086

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 24, 2005

Notice of Water Quality Applications

The following notices were issued during the period of April 27, 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.

CITY OF ALICE has applied for a renewal of TPDES Permit No. 10536-002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,600,000 gallons per day. The facility is located approximately 4,800 feet southeast of the intersection of Farm-to-Market Road 665 and Farm-to-Market Road 1931 on the south bank of Lattas Creek in Jim Wells County, Texas.

CITY OF AUSTIN DBA AUSTIN ENERGY which operates the Decker Creek Power Plant, a steam electric generating station, has applied for a renewal of TPDES Permit No. WQ0001887000, which authorizes the discharge of once through cooling water and previously monitored effluents (low volume wastewater, metal cleaning wastes, and storm water) at a daily average flow not to exceed 725,000,000 gallons per day via Outfall 001, and storm water on an intermittent and flow variable basis via Outfall 002. The facility is located 8003 Decker Lane, on the west shore of Walter E. Long Lake, approximately four miles east of the intersection of U.S. Highway 290 and U.S. Highway 183 in the City of Austin, Travis County, Texas.

CITY OF MERCEDES for a renewal of TPDES Permit No. 10347-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,300,000 gallons per day. The facility is located on both sides of and adjacent to Mile 1/2 East Road immediately south of its intersection with North 8 Mile Road in Hidalgo County, Texas.

CITY OF WESLACO has applied for a renewal of TPDES Permit No. 10619-001, which authorizes the discharge of treated filter back wash water at a daily average flow not to exceed 250,000 gallons per day. The facility is located at the southeast intersection of Farm-to-Market Road 88 and Mile 9 North Road in Hidalgo County, Texas.

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

CITY OF HOUSTON has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit to authorize an additional interim phase at an annual average flow not to exceed 18,000,000 gallons per day with an average discharge during any two-hour period (2-Hr peak) not to exceed 56,944 gallons per minute. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 21,000,000 gallons per day. The facility is located approximately 0.25 mile west of the confluence of Cole Creek and Whiteoak Bayou and approximately 1.5 miles northeast of the intersection of U.S. Highway 290 and Antoine Drive in the City of Houston in Harris County, Texas.

TRD-200502107

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 25, 2005

Notice of Water Rights Application

Notice mailed May 19, 2005.

APPLICATION NO. 5852; The Golf Club at Circle C, LP, 7401 Highway 45, Austin, Texas 78739, Applicant, seeks a Water Use Permit pursuant to Texas Water Code (TWC) 11.121 and 11.042 and Texas Commission on Environmental Quality (TCEQ) Rules 30 Texas Administrative Code (TAC) 295.1, et seq. The Applicant seeks authorization to maintain three existing dams and reservoirs pursuant to TWC 11.143 and two (2) existing dams and reservoirs created as part of golf course construction, located on an unnamed tributary of Danz Creek and Danz Creek, tributary of Slaughter Creek, tributary of Onion Creek, tributary of the Colorado River, Colorado River Basin and an existing off-channel reservoir for in-place recreational and/or agricultural purposes. Applicant also seeks to convey and store for subsequent use approximately 262.5 acre-feet of groundwater and stormwater using the bed and banks of an unnamed tributary of Danz Creek and Danz Creek for agricultural purposes from reservoirs 1, 2, 3, & 4 to irrigate 115 acres of land out of 2 tracts of land totaling 275.6244 acres. In addition, applicant seeks to use the bed and banks of both creeks and the reservoirs to convey stormwater and groundwater into those reservoirs to account for losses due to evaporation, evapotranspiration, infiltration , and diversions for irrigation so there will be no net diversion or consumptive use of state water by the applicant. Applicant further seeks to store groundwater and stormwater in Reservoir 1 and transport via underground pipe to the off- channel reservoir (know as Southwest Austin Regional Irrigation Storage Pond (SARISP). During dry periods, private water stored in the SARISP will be pumped back to Reservoir 1 using the underground pipe for storage and subsequent diversion. To compensate for state water captured in the reservoirs, diverted for irrigation purposes, diverted into the SARISP, or losses due to evaporation, infiltration, and evapotranspiration; groundwater and stormwater will be discharged into unnamed tributary of Danz Creek and Danz Creek. Ownership of the land inundated by reservoirs 1, 2, 3, & 4 and the land to be irrigated is evidenced by Special Warranty Deed Doc. No. 203148469 in the Official Records of Travis County. Reservoir 5 (Hole 16, upper pond) is partially owned by The Golf Club at Circle C, LP and Circle C Land, LP. Both parties have entered into a Pond Maintenance Agreement dated December 27, 2004, which describes the ownership and the maintenance regarding the Reservoir 5. The SARISP is located on land owned by Phoenix Holdings, LTD. The Golf Club at Circle C, LP, Phoenix Holdings, LTD., Eleven Castle Management Company, Inc, and Newmark Homes, L.P. have entered into a Pond Maintenance and Use Agreement dated October 30, 2003 which describes the ownership, maintenance and the use of the water collected in the pond. Applicant has two groundwater wells that can produce a combined total of 568,800 gpd or 639 acre-feet of groundwater a year. Applicant has also submitted accounting procedures which will help determine the amount of State water that has been captured and diverted in order for the applicant to compensate with discharges of groundwater and/or stormwater. The applicant indicates that while Reservoir 5 (Hole 16 Upper Pond) is currently on-channel and receives state water, but installation of proposed channel improvements will limit future inflows into the pond to diffused stormwater. 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 12, 2004. Additional information was received November 4, November 10, 2004, January 10, 2005, February 24, 2005, and April 6, 2005. The application was declared administratively complete and was accepted for filing with the Office of Chief Clerk on April 19, 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. For a full description of the reservoirs, diversion points, diversion rates, and discharge 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.

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, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.

TRD-200502108

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 25, 2005

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on May 23, 2005, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Best Enterprises, Inc., dba Best Food Store; SOAH Docket No. 582-05-2957; TCEQ Docket No. 2003-0956-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Best Enterprises, Inc., dba Best Food Store on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239-3300.

TRD-200502112

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 25, 2005

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on May 23, 2005, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Billy G. Hall; SOAH Docket No. 582-05-3166; TCEQ Docket No. 2002-0332-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Billy G. Hall on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239- 3300.

TRD-200502111

LaDonna Castañuela

Chief clerk

Texas Commission on Environmental Quality

Filed: May 25, 2005

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on May 23, 2005, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Enviro-Tech Engineers, Inc., dba Roadies; SOAH Docket No. 582-05-3167; TCEQ Docket No. 2003-1022-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Enviro-Tech Engineers, Inc., dba Roadies on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239-3300.

TRD-200502110

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 25, 2005

The Office of the Governor adopted an amendment to 1 TAC §5.195, concerning the Texas Review and Comment System. The adoption notice appeared in the May 13, 2005, issue of the Texas Register (30 TexReg 2849).

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on May 24, 2005, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Sublight Enterprises, Inc.; SOAH Docket No. 582-04-0442; TCEQ Docket No. 2001-0831-MWD-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Sublight Enterprises, Inc. on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239-3300.

TRD-200502113

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 25, 2005

Proposed Enforcement Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075, which requires that the commission may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 11, 2005 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 11, 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: Ann Arundel Farms, Ltd.; DOCKET NUMBER: 2005-0055-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 0014182001, Regulated Entity Number (RN) 101514743; LOCATION: Houston, Fort Bend County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 0014182001, and the Code, §26.121(a), by failing to comply with permit effluent limits; and the Code, §5.702, by failing to pay outstanding consolidated water quality fees; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Arkema, Inc.; DOCKET NUMBER: 2005-0356-AIR-E; IDENTIFIER: Air Account Number JE0074L, RN100216373; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: chemicals manufacturing; RULE VIOLATED: 30 TAC §116.115(b)(2)(F), Air Permit Number 865A/PSD-TX-1016, and THSC, §382.085(b), by failing to maintain an emission rate below the allowable emission limit; PENALTY: $4,075; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(3) COMPANY: Sandra Phelps dba Avery 7-11; DOCKET NUMBER: 2004-1419-PST-E; IDENTIFIER: Petroleum Storage Tank (PST) Number 5133, RN102956828; LOCATION: Avery, Red River County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(4) COMPANY: BP Amoco Chemical Company; DOCKET NUMBER: 2005-0153-AIR-E; IDENTIFIER: Air Account Number GB0001R, RN102536307; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: industrial organic chemical plant; RULE VIOLATED: 30 TAC §101.211(c) and THSC, §382.085(b), by failing to submit a final report within two weeks of the end of a scheduled activity; and 30 TAC §116.715(a), Flexible Air Permit Number 1176/PSD-TX-782, and THSC, §382.085(b), by failing to comply with permitted emissions limits; PENALTY: $7,150; ENFORCEMENT COORDINATOR: Kensley Greuter, (512) 239-2520; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: BP Products North America Inc. dba BP Products North America Texas City; DOCKET NUMBER: 2004-2128-AIR-E; IDENTIFIER: Air Account Number GB0004L, RN102535077; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §101.201(a) and §101.211(a) and THSC, §382.085(b), by failing to properly report an emission event; 30 TAC §101.20(3) and §116.115(b)(2)(F), Air Permit Number 8810/PSD-TX-402M2, and THSC, §382.085(b), by failing to comply with permitted emissions limits; and 30 TAC §116.110(a) and THSC, §382.085(b), by allowing unauthorized emissions; PENALTY: $19,516; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Brandon-Irene Water Supply Corporation; DOCKET NUMBER: 2005-0415-PWS-E; IDENTIFIER: Public Water Supply Number 1090018, RN101437325; LOCATION: Brandon, Hill County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.110(b)(4), by failing to maintain the residual disinfectant concentration; PENALTY: $67; ENFORCEMENT COORDINATOR: Susan Longenecker, (512) 239-0968; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(7) COMPANY: Orlando Cavazos dba Bryan Park Exxon; DOCKET NUMBER: 2005-0156-PST-E; IDENTIFIER: PST Facility Identification Number 26098, RN101678605; LOCATION: Mission, Hidalgo County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $840; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(8) COMPANY: Carlisle Independent School District; DOCKET NUMBER: 2004-1523-MWD-E; IDENTIFIER: TPDES Permit Number 14292001, RN103014890; LOCATION: Henderson, Rusk County, Texas; TYPE OF FACILITY: municipal wastewater system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 14292001, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for ammonia-nitrogen, total suspended solids (TSS), and chlorine; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(9) COMPANY: Ronnie Jenkins dba Chillerz and Ken Saffel dba Chillerz; DOCKET NUMBER: 2005-0367-PST-E; IDENTIFIER: PST Facility Identification Number 74791, RN101854966; LOCATION: Hawley, Jones County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $776; ENFORCEMENT COORDINATOR: Brent Hurta, (512) 239-6589; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(10) COMPANY: Clint Independent School District Public Facility Corporation; DOCKET NUMBER: 2005-0411-MWD-E; IDENTIFIER: TPDES Permit Number 0013667001, RN101528263; LOCATION: Clint, El Paso County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 0013667001, and the Code, §26.121(a), by failing to comply with the permitted effluent limits for five-day biochemical oxygen demand, TSS, and chlorine; PENALTY: $6,560; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(11) COMPANY: Colonial Distribution, Inc. dba Wez Mart 1; DOCKET NUMBER: 2004-1739-PST-E; IDENTIFIER: PST Facility Identification Number 15051, RN101377950; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(a)(1) and the Code, §26.3475(d), by failing to provide corrosion protection for the underground storage tank (UST) system; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(a), by failing to ensure that all tanks are monitored in a manner which will detect a release; 30 TAC §334.10(b), by failing to maintain UST records readily available for inspection; 30 TAC §334.7(d)(3), by failing to submit an amended UST registration and self-certification form; and 30 TAC §334.8(c)(5)(C), by failing to permanently tag, label, or mark the UST system; PENALTY: $5,760; ENFORCEMENT COORDINATOR: Chris Friesenhahn, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(12) COMPANY: Conner Steel Products, Ltd.; DOCKET NUMBER: 2004-1935-AIR-E; IDENTIFIER: Air Account Number TG0253O, RN102602307; LOCATION: San Angelo, Tom Green County, Texas; TYPE OF FACILITY: tank manufacturing; RULE VIOLATED: 30 TAC §116.110(a)(1) and THSC, §382.085(b) and §382.0518(a), by failing to obtain a permit to construct the fiberglass tank manufacturing and surface coating facility; 30 TAC §122.121 and THSC, §382.054 and §382.085(b), by failing to obtain a federal operating permit and continuing to operate without authorization; 30 TAC §101.10 and THSC, §382.085(b), by failing to submit an emissions inventory; and 30 TAC §101.27, the Code, §5.702, and THSC, §382.085(b), by failing to pay emissions fees; PENALTY: $9,760; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013.

(13) COMPANY: E.I. DuPont De Nemours and Company; DOCKET NUMBER: 2004-1661-AIR-E; IDENTIFIER: RN102663671; LOCATION: Victoria, Victoria County, Texas; TYPE OF FACILITY: organic chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Numbers 7186 and 23271, and THSC, §382.085(b), by failing to satisfy all demonstration criteria; and 30 TAC §101.201(g) and THSC, §382.085(b), by failing to submit electronically an initial notification of an emission event; PENALTY: $16,800; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(14) COMPANY: Angela Ellis dba Ellis Auto Detailing; DOCKET NUMBER: 2005-0194-MSW-E; IDENTIFIER: Scrap Tire Registration Number 6200080, RN102852712; LOCATION: near Miles, Tom Green County, Texas; TYPE OF FACILITY: scrap tire transporter and generator; RULE VIOLATED: 30 TAC §328.55(4)(A), by failing to update the generator and transporter tire registration with a current mailing address; 30 TAC §328.63(b) and (d)(2), by failing to limit storage of scrap tires to 500 or less and by failing to provide adequate vector controls; and 30 TAC §328.58(c), by failing to complete and maintain manifests for scrap tires delivered to the facility; PENALTY: $2,184; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013.

(15) COMPANY: Feather Crest Farms, Inc. dba Pineywoods Farm; DOCKET NUMBER: 2005-0015-AGR-E; IDENTIFIER: RN101989572; LOCATION: Center, Shelby County, Texas; TYPE OF FACILITY: chicken egg farm; RULE VIOLATED: 30 TAC §321.31(a) and the Code, §26.121(a)(1), by failing to prevent the discharge of process wastewater; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(16) COMPANY: Granite Construction Company; DOCKET NUMBER: 2005-0249-PST-E; IDENTIFIER: PST Facility Identification Number 18579, RN102235587; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i) and (B)(ii) and the Code, §26.3467(a), by failing to ensure that a valid, current delivery certificate was made to a common carrier and by failing to renew the UST registration and self-certification form; and 30 TAC §334.50(a)(1)(A), by failing to provide release detection; PENALTY: $4,800; ENFORCEMENT COORDINATOR: Lori Thompson, (903) 535-5100; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(17) COMPANY: ISP Technologies, Inc.; DOCKET NUMBER: 2005-0468-AIR-E; IDENTIFIER: Air Account Number GB0028U, RN100825272; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: chemical manufacturing; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 20088, and THSC, §382.085(b), by failing to comply with emission limits; PENALTY: $4,280; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(18) COMPANY: Janu Enterprises, Inc. dba Broncos Country Corner; DOCKET NUMBER: 2005-0116-PST-E; IDENTIFIER: PST Registration Number 51029, RN101733780; LOCATION: Dayton, Liberty County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (d)(4)(B)(ii) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; and 30 TAC §334.10(b)(1)(B) and §334.48(g), by failing to maintain UST records on site during business hours; PENALTY: $3,416; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: City of Jourdanton; DOCKET NUMBER: 2004-0303-MWD-E; IDENTIFIER: TPDES Permit Number 10418-001, RN101919900; LOCATION: Jourdanton, Atascosa County, Texas; TYPE OF FACILITY: municipal wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10418-001, and the Code, §26.121(a), by failing to maintain their collection system to prevent unauthorized discharges and by failing to prevent solids from washing out of the wastewater treatment plant into the receiving stream; and 30 TAC §305.535(c)(1), TPDES Permit Number 10418-001, and the Code, §26.121(a), by failing to maintain its lift stations and prevent unauthorized discharges of untreated wastewater; PENALTY: $3,392; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(20) COMPANY: City of Lawn; DOCKET NUMBER: 2004-2098-PWS-E; IDENTIFIER: Public Water Supply Number 2210005, RN101406916; LOCATION: Lawn, Taylor County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(e)(6)(A), (m)(1)(C), and (s)(1), by failing to operate the public water supply under the direct supervision of a water works operator who holds a valid license, by failing to clean out the sludge ponds, by failing to conduct annual inspections of all water storage tanks, and by failing to calibrate flow measuring devices and rate-of-flow controllers; PENALTY: $441; ENFORCEMENT COORDINATOR: Mauricio Olaya, (915) 834-4949; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(21) COMPANY: Pedro Aristeguieta; DOCKET NUMBER: 2005-0409-LII-E; IDENTIFIER: RN104510151; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: landscape irrigation business; RULE VIOLATED: 30 TAC §30.5(a) and §344.4(a) and Texas Occupations Code, §1903.251, by failing to hold an irrigator license issued prior to selling, designing, consulting, installing, maintaining, altering, repairing, or servicing an irrigation system; PENALTY: $200; ENFORCEMENT COORDINATOR: Chris Friesenhahn, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(22) COMPANY: Ray C. Luna dba Ray's Plumbing & Pump; DOCKET NUMBER: 2004-2044-MLM-E; IDENTIFIER: On-Site Sewage License Number OS0001591 (Expired), RN103485652; LOCATION: Dilley, Frio County, Texas; TYPE OF FACILITY: septic system installation and pump out service; RULE VIOLATED: 30 TAC §312.143 and the Code, §26.121(a)(1), by disposing of septic tank waste in an unauthorized manner; 30 TAC §312.142(a), by failing to properly register as a sludge transporter prior to transporting sewage sludge; and 30 TAC §30.5(a) and (b) and §285.50(b), the Code, §37.003, and THSC, §366.071(a), by failing to be licensed as an on-site sewage facility installer prior to installing a septic tank system; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(23) COMPANY: Robert Gibson dba Robert's Drive In 6; DOCKET NUMBER: 2005-0514-PST-E; IDENTIFIER: PST Facility Identification Number 44822, RN102050382; LOCATION: Waco, McLennan County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; and 30 TAC §334.22(a) and the Code, §5.702, by failing to pay outstanding UST fees; PENALTY: $2,624; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(24) COMPANY: Texas Department of Transportation; DOCKET NUMBER: 2004-1421-PST-E; IDENTIFIER: PST Facility Identification Number 45823, RN102831773; LOCATION: Sinton, San Patricio County, Texas; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §334.50(b)(2)(A)(i)(III) and (ii)(I) and the Code, §26.3475(a), by failing to test a line leak detector and by failing to perform an annual piping tightness test; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(25) COMPANY: Texas Municipal Power Agency; DOCKET NUMBER: 2003-1098-IWD-E; IDENTIFIER: TPDES Permit Number 02120, RN102739547; LOCATION: near Bryan, Grimes County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 02120, and the Code, §26.121(a), by exceeding the permit limits for TSS; PENALTY: $6,720; ENFORCEMENT COORDINATOR: Tom Greimel (512) 239-5690; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(26) COMPANY: The Goodyear Tire & Rubber Company; DOCKET NUMBER: 2005-0124-AIR-E; IDENTIFIER: Air Account Number JE0039N, RN102561925; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: synthetic rubber manufacturing; RULE VIOLATED: 30 TAC §116.110(a) and §116.115(b)(2)(G) and THSC, §382.085(b), by failing to obtain a permit prior to the release of emissions; PENALTY: $2,980; ENFORCEMENT COORDINATOR: Kensley Greuter, (512) 239-2520; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(27) COMPANY: Milton Galoob Company dba Tiger Grocery; DOCKET NUMBER: 2005-0246-PST-E; IDENTIFIER: PST Facility Identification Number 73931, RN101435220; LOCATION: Lone Star, Morris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance; PENALTY: $1,920; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(28) COMPANY: James Yun dba Times Market 2003; DOCKET NUMBER: 2005-0025-PST-E; IDENTIFIER: PST Facility Identification Number 727426, RN102443611; LOCATION: Bishop, Nueces 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 check the rectifier once every 60 hours for impressed current systems and failing to inspect and test the corrosion protection system; and 30 TAC §334.22(a) and the Code, §5.702, by failing to pay the required UST fees; PENALTY: $2,040; ENFORCEMENT COORDINATOR: Brian Lehmkuhle, (512) 239-4482; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(29) COMPANY: City of Wills Point; DOCKET NUMBER: 2004-2117-MWD-E; IDENTIFIER: TPDES Permit Number 0010623001, RN102852514; LOCATION: Wills Point, Van Zandt County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 0010623001, and the Code, §26.121(a), by failing to comply with permitted effluent limits for biochemical oxygen demand, TSS, flow, pH, and dissolved oxygen; PENALTY: $7,360; ENFORCEMENT COORDINATOR: Laurie Eaves, (512) 239-4495; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(30) COMPANY: Wood County Airport Board; DOCKET NUMBER: 2005-0324-PST-E; IDENTIFIER: PST Facility Identification Number 59521, RN101901379; LOCATION: Mineola, Wood County, Texas; TYPE OF FACILITY: aircraft refueling; RULE VIOLATED: 30 TAC §334.55(a)(3), by failing to have qualified personnel possessing the appropriate skills, experience, competence, and required license to permanently remove the UST; and 30 TAC §334.7(d)(1)(B), by failing to provide written notice of any changes or additional information concerning such system including the operational status of the UST system; PENALTY: $2,520; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

TRD-200502075

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 24, 2005

Office of the Governor

Correction of Error

Due to an agency error, Figure: 1 TAC §5.195(c), which was published on pages 2898 - 2906, was incomplete. The table should read as follows.

Figure: 1 TAC §5.195(c)

TRD-200502087

Department of State Health Services

Notice of Administrative Hearing Concerning Amendment Number 32 to the Radioactive Material License of Waste Control Specialists, L.L.C.

Notice is hereby given by the Department of State Health Services (department), Radiation Safety Licensing Branch, that an Administrative Law Judge (ALJ) from the State Office of Administrative Hearings (SOAH) will conduct a hearing on Amendment No. 32 to License No. LO4971 that was issued to Waste Control Specialists, L.L.C. (WCS) on February 23, 2005, for its facility located in Andrews County, Texas, one mile North of State Highway 176, 250 feet East of the Texas/New Mexico State Line, 30 miles West of Andrews, Texas (SOAH Docket No. 537-05-5206).

Amendment No. 32 authorizes the construction of two new storage units for interim waste storage, and increases the authorized storage volume of radioactive material under the license in the amount of 1,500,000 cubic feet. Amendment No. 32 also specifies design and inspection standards associated with the volume increase.

In accordance with Texas Health and Safety Code, §401.054, and 25 Texas Administrative Code (TAC), §289.205(f), Notice of Amendment No. 32 was published in the March 11, 2005, issue of the Texas Register (30 TexReg 1530). The department received two written requests for a hearing that were timely filed within 30 days after the notice was published in the Texas Register . In accordance with 25 TAC, §289.205(f)(7), failure to have submitted a written request for a hearing within 30 days after the notice was published in the Texas Register could result in denial of party status.

The hearing will be conducted in accordance with the provisions of the Texas Health and Safety Code, Chapter 401, the Administrative Procedure Act (Texas Government Code, Chapter 2001), the formal hearing procedures of the department (25 TAC, §1.21 et seq.) and the procedures of the SOAH (1 TAC, Chapter 155).

The hearing will begin on July 11, 2005, at 9:00 a.m. , Central Daylight Saving Time, at the hearings facility of the State Office of Administrative Hearings, located on the 4th floor of the William P. Clements State Office Building, 300 West 15th Street, Austin, Texas. At the hearing, the ALJ will consider preliminary matters, including licensee's and the department's offers of documents related to jurisdiction and notice, and requests for party status by persons who consider themselves affected and any objections to such requests. A "person affected" is defined as a person who demonstrates that the person has suffered or will suffer actual injury or economic damage and, if the person is not a local government, (a) is a resident of a county, or a county adjacent to that county, in which radioactive material is or will be located; or (b) is doing business or has a legal interest in land in the county or adjacent county. If it appears that the case will proceed to a hearing on the merits, the administrative law judge will also consider scheduling issues.

All visitors to the William P. Clements Building who do not have an identification badge issued by a state agency or the Department of Public Safety, will need to sign a log and receive a visitor's pass from the building security officers on the first floor. Persons attending a SOAH hearing should identify to the security officer the hearing they are attending by providing the officer the SOAH docket number of the hearing (SOAH Docket No. 537-05-5206). Failure to provide the SOAH docket number or to otherwise satisfactorily identify the hearing to the officer may result in delaying your arrival to the hearing. Please allow additional time for this new security process. If you have any questions, please contact SOAH Docketing at (512) 475-3445.

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

TRD-200502103

Cathy Campbell

General Counsel

Department of State Health Services

Application for admission to the State of Texas by SILVERSCRIPT INSURANCE COMPANY, a foreign Life, Accident, and/or Health company. The home office is in Nashville, TN.

Texas Department of Insurance

Company Licensing

Application for admission to the State of Texas by COLLECTORS INSURANCE COMPANY, a foreign Fire and/or Casualty company. The home office is in Traverse City, MI.

Any objections must be filed with the Texas Department of Insurance, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701, within 20 days after this notice is published in the Texas Register .

TRD-200502114

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance