The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.005, 303.008, 303.009, 304.003, and 346.101, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 12/04/06 - 12/10/06 is 18% for Consumer ¹ /Agricultural/Commercial ² credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 12/04/06 - 12/10/06 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.005 and §303.0093 for the period of 12/01/06 - 12/31/06 is 18% for Consumer/Agricultural/Commercial credit through $250,000.

The monthly ceiling as prescribed by §303.005 and §303.009 for the period of 12/01/06 - 12/31/06 is 18% for Commercial over $250,000.

The standard quarterly rate as prescribed by §303.008 and §303.009 for the period of 01/01/07 - 03/31/07 is 18% for Consumer/Agricultural/Commercial credit through $250,000.

The standard quarterly rate as prescribed by §303.008 and §303.009 for the period of 01/01/07 - 03/31/07 is 18% for Commercial over $250,000.

The retail credit card quarterly rate as prescribed by §303.0091 for the period of 01/01/07 - 03/31/07 is 18% for Consumer/Agricultural/Commercial credit through $250,000.

The lender credit card quarterly rate as prescribed by §346.101, Texas Finance Code ¹ for the period of 01/01/07 - 03/31/07 is 18% for Consumer/Agricultural/Commercial credit through $250,000.

The standard annual rate as prescribed by §303.008 and §303.0094 for the period of 01/01/07 - 03/31/07 is 18% for Consumer/Agricultural/Commercial credit through $250,000.

The standard annual rate as prescribed by §303.008 and §303.009 for the period of 01/01/07 - 03/31/07 is 18% for Commercial over $250,000.

The retail credit card annual rate as prescribed by §303.0091 for the period of 01/01/07 - 03/31/07 is 18% for Consumer/Agricultural/Commercial credit through $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 12/01/06 - 12/31/06 is 8.25% for Consumer/Agricultural/Commercial credit through $250,000.

The judgment ceiling as prescribed §304.003 for the period of 12/01/06 - 12/31/06 is 8.25% for Commercial over $250,000.

¹ Credit for personal, family, or household use.

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

³ For variable rate commercial transactions only.

⁴ Only for open-end credit as defined in §301.002(14), Texas Finance Code.

TRD-200606378

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: November 28, 2006

The Texas Education Agency (TEA) published Request for Coordinated School Health Program Materials for Grades K-5, K-6, 6-8, 7-8 or K-8 Developed by Texas School Districts in the November 17, 2006, issue of the Texas Register (31 TexReg 9491).

The TEA is amending the Deadline for Receipt of Materials paragraph in the Texas Register notice to read, "Materials must be submitted to the Texas Education Agency, Division of Curriculum, 1701 North Congress Avenue, Austin, Texas 78701 by 5:00 p.m. (Central Time), December 20, 2006, to be considered. No materials will be returned to submitting entities. Materials will be kept as a reference for staff at the Texas Education Agency." This correction amends the originally-published deadline date of December 1, 2006.

Further Information. For clarifying information contact Marissa L. Rathbone, Director of Health and Physical Education, Division of Curriculum, Texas Education Agency, by phone at (512) 463-9581 or by email at Marissa.Rathbone@tea.state.tx.us.

TRD-200606352

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: November 22, 2006

Description. The Texas Education Agency (TEA) is notifying assessment publishers that proficiency assessments and/or achievement tests may be submitted for review for the 2007-2008 List of State Approved Tests for the Assessment of Limited English Proficient Students . Texas Education Code (TEC), §29.056(a)(2), authorizes TEA to compile a list of approved assessments for the purposes of identifying students as limited English proficient for entry into or exit from bilingual education and/or special language programs; annually assessing oral language proficiency in English and Spanish when required; and measuring reading and writing proficiency in English and Spanish for program placement. The state-approved tests placed on the list must be based on scientific research and must measure oral language proficiency in listening and speaking in English and Spanish from Prekindergarten (PK) to Grade 12. Assessments must also measure reading and writing in English and Spanish from PK to Grade 12. Reading and writing assessments indicate placement in the bilingual/English as a Second Language (ESL) program and are not for entry purposes.

Norm-referenced standardized achievement tests in English will be used for identification, entry into and exit from programs and may be used for formative assessments. Norm-referenced standardized achievement tests in Spanish may be used for placement purposes only.

All tests to be included on the List of State Approved Tests for the Assessment of Limited English Proficient Students must be re-normed every six years to meet the criteria specified in TEC, §39.032, which requires that standardization norms not be more than six years old at the time the test is administered. The 2007-2008 List of State Approved Tests for the Assessment of Limited English Proficient Students will be in effect only for the 2007-2008 school year. Assessments currently on the 2006-2007 list must be resubmitted to be considered for inclusion on the 2007-2008 list.

Assessment Committee. An Assessment Committee, comprised of educators from throughout the state and TEA staff, will review and approve the 2007-2008 List of State Approved Tests for the Assessment of Limited English Proficient Students . The Assessment Committee may choose to change the criteria and/or effective dates at a future time.

Selection Criteria. Assessment publishers will be responsible for submitting tests that they wish to have reviewed for consideration for inclusion on the 2007-2008 List of State Approved Tests for the Assessment of Limited English Proficient Students . All tests submitted for review must be based on scientific research and must measure oral language proficiency in listening and speaking in English and Spanish from PK to Grade 12. Assessments must measure reading and writing in English and Spanish from PK to Grade 12 and must meet the state criteria for reliability and validity. Therefore, technical manuals must also be submitted and must be available for the review of assessments to be held on January 19, 2007. Assessments must also measure specific proficiency levels in oral language, reading, and writing in both English and Spanish. Assessment instruments (English and Spanish) submitted for review will be grouped in the following categories: (1) Oral Language Proficiency Tests in English in Listening and Speaking domains; (2) Oral Language Proficiency Tests in Spanish in Listening and Speaking domains; (3) Reading and Writing Proficiency in English; (4) Reading and Writing Proficiency in Spanish; and (5) Ability Tests/Gifted and Talented. Publishers are not required to submit proposals for all categories.

Review of Assessments. Proposals must be submitted on January 19, 2007, to be considered for inclusion on the 2007-2008 List of State Approved Tests for the Assessment of Limited English Proficient Students . Assessment publishers will be required to attend the review of the assessments on January 19, 2007, which will be held at the William B. Travis Building, Room 1-104, 1701 North Congress Avenue, Austin, Texas. A presentation to the Assessment Committee must be made for all new assessments and assessments containing the stipulation that they may be phased out in 2007. Complete official sample copies in English and Spanish with comprehensive explanations which include scoring information; norming data information including ethnicity, gender, grade level, and geographic region; and technical manuals with validity and reliability information must be presented at that time. Only materials presented on January 19, 2007, will be considered for approval. Publishers must be available all day at the request of the committee, and must make arrangements to pick up all materials at the end of the day. Any materials and/or revisions submitted after the deadline will not be reviewed for inclusion on the 2007-2008 List of State Approved Tests for the Assessment of Limited English Proficient Students .

Further Information. For clarifying information, contact Georgina Gonzalez, Director of Bilingual/ESL, or Susie Coultress, Assistant Director of Bilingual/ESL, Texas Education Agency, (512) 463-9581.

TRD-200606390

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: November 29, 2006

TEXAS EMPLOYEES GROUP BENEFITS PROGRAM

In accordance with §1551.055 of the Texas Insurance Code, the Employees Retirement System of Texas ("ERS") is issuing a Request for Proposal ("RFP") to qualified carriers to underwrite and administer Group Term Life Insurance, Accidental Death and Dismemberment Insurance, and/or to administer Disability Income Benefits under the Texas Employees Group Benefits Program ("GBP"). Following selection by ERS' Board of Trustees ("Board") of qualified carrier(s) for Group Term Life Insurance, Accidental Death and Dismemberment Insurance, and/or Disability Income Benefits and subject to the Board's approval and compliance with the contract(s), contractual responsibilities will begin September 1, 2007 and continue annually through August 31, 2010. At ERS' sole discretion, a contractual option to renew may be offered for a second three-year period beginning September 1, 2010 through August 31, 2013.

ERS is the administrator for the GBP as provided in Chapter 1551 of the Texas Insurance Code. The GBP covers over 500,000 public officers, state agency and certain higher education employees, retirees, and dependents. When ERS determines to purchase coverage plans, ERS is responsible for contracting with health, dental, life, and disability carriers, and third party administrators to provide coverage for GBP participants or administer such coverage throughout the state of Texas.

The RFP will be available for access by qualified carriers on or after January 5, 2007 from the ERS' website, (www.ers.state.tx.us). To access the secured portion of the RFP website, qualified carriers must e-mail their request to the attention of Lisa Caffarate at: lisa.caffarate@ers.state.tx.us. The request must include the carrier's legal name, legal street address, phone and fax numbers, and e-mail address. Upon receipt by ERS of your e-mailed request, a user ID and password will be issued to the requesting organization that will permit access to the secured RFP. General questions concerning the RFP should be sent to the ivendorquestions mailbox at: https://www1.ers.state.tx.us/vendorbid/. Inquiries and ERS responses are updated frequently. The RFP will be discussed at a web-based bidders conference on January 11, 2007, beginning at 3:00 p.m. (CST). The registration deadline for conference participation is 4:00 p.m. (CST) on January 8, 2007.

To be eligible for consideration, the carrier is required to submit a sealed proposal as more fully specified in the RFP.

ERS will base its evaluation and selection of an award on the basis of demonstrated competence and qualifications to provide the prescribed benefits and/or services for a fair and reasonable price, as determined by ERS in consultation with its consulting actuary. Further, each carrier will be evaluated on factors including, but not limited to the following, which are not necessarily listed in order of priority: (a) compliance with and adherence to the RFP; (b) meeting minimum and preferred requirements as specified in the RFP; (c) fee and premium proposals; (d) references; (e) execution of a contract satisfactory to ERS; and (f) other factors, as determined during the evaluation process.

ERS reserves the right to reject any or all proposals and call for new proposals if deemed by ERS to be in the best interest of the GBP and its participants. ERS also reserves the right to reject any proposal submitted that does not fully comply with the RFP's instructions and criteria. ERS is under no legal requirement to execute a contract on the basis of this notice or upon issuance of the RFP and will not pay any costs incurred by any entity in responding to this notice or the RFP or in connection with the preparation thereof. ERS specifically reserves the right to vary all provisions set forth in the RFP at any time prior to execution of a contract where ERS deems it to be in the best interest of the GBP and its participants.

TRD-200606388

Paula A. Jones

General Counsel

Employees Retirement System of Texas

Filed: November 29, 2006

An agreed order was entered regarding City of Port Lavaca, Docket No. 2004-1458-PWS-E on November 7, 2006 assessing $3,725 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Audra Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Fillibusters, LLC dba Southwest Café and Market, Docket No. 2004-1652-PST-E on November 7, 2006 assessing $4,500 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 New Horizons Ranch and Center, Inc., Docket No. 2004-1750-PWS-E on November 7, 2006 assessing $626 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, 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 CWB Tire Repair & Automotive, Inc. dba CWB Tire Repair & Automotive, Docket No. 2004-2010-PST-E on November 7, 2006 assessing $2,850 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Justin Lannen, Staff Attorney at (817) 588-5927, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Tulon Murphy, Jr. dba L & J Grocery Store and Leticia Maria Murphy dba L & J Grocery Store, Docket No. 2005-0209-PST-E on November 7, 2006 assessing $2,100 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kari Gilbreth, 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 City of Winona, Docket No. 2005-0604-MWD-E on November 7, 2006 assessing $11,680 in administrative penalties with $2,336 deferred.

Information concerning any aspect of this order may be obtained by contacting Amy Martin, Enforcement Coordinator at (512) 239-2540, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Milton Doss, Docket No. 2005-1584-MLM-E on November 7, 2006 assessing $6,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Deanna Sigman, Staff Attorney at (512) 239-0619, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Jay Leslie, Inc. dba Marks Crane & Rigging Co., Docket No. 2005-1794-UIC-E on November 7, 2006 assessing $2,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lena Roberts, Staff Attorney at (512) 239-0019, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Gulf West Landfill TX, LP, Docket No. 2005-1829-IHW-E on November 7, 2006 assessing $3,660 in administrative penalties with $732 deferred.

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.

A default order was entered regarding Larry Don Howard, R.S., Docket No. 2006-0024-OSI-E on November 7, 2006 assessing $875 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rachael Gaines, Staff Attorney at (512) 239-0078, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Mission, Docket No. 2006-0127-MWD-E on November 7, 2006 assessing $34,650 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 Rosa Maria Ramon, Docket No. 2006-0281-MSW-E on November 7, 2006 assessing $4,750 in administrative penalties with $950 deferred.

Information concerning any aspect of this order may be obtained by contacting Michael 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 Johannes Hermon Degoede dba Johannes Degoede Dairy, Docket No. 2006-0353-AGR-E on November 7, 2006 assessing $12,150 in administrative penalties with $2,430 deferred.

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 Orange County, Docket No. 2006-0387-PST-E on November 7, 2006 assessing $3,075 in administrative penalties with $615 deferred.

Information concerning any aspect of this order may be obtained by contacting Deana Holland, Enforcement Coordinator at (512) 239-2504, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding YFZ Land, LLC, Docket No. 2006-0394-MLM-E on November 7, 2006 assessing $4,503 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 BP Amoco Chemical Company, Docket No. 2006-0401-AIR-E on November 7, 2006 assessing $5,375 in administrative penalties with $1,075 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 Ozark Bottled Water, Inc. dba Hill County Springs, Docket No. 2006-0420-MLM-E on November 7, 2006 assessing $4,703 in administrative penalties with $941 deferred.

Information concerning any aspect of this order may be obtained by contacting Epifanio Villareal, Enforcement Coordinator at (210) 403-4033, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Tyler Dirty Dozen, Inc., Docket No. 2006-0424-IHW-E on November 7, 2006 assessing $8,500 in administrative penalties with $1,700 deferred.

Information concerning any aspect of this order may be obtained by contacting Audra Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding KB HOME LONE STAR LP, Docket No. 2006-0434-EAQ-E on November 7, 2006 assessing $35,000 in administrative penalties with $7,000 deferred.

Information concerning any aspect of this order may be obtained by contacting Ruben Soto, Enforcement Coordinator at (512) 239-4571, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Freer Water Conservation and Improvement District, Docket No. 2006-0481-PWS-E on November 7, 2006 assessing $1,418 in administrative penalties with $284 deferred.

Information concerning any aspect of this order may be obtained by contacting Sandy VanCleave, Enforcement Coordinator at (512) 239-2670, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Equistar Chemicals, LP, Docket No. 2006-0495-AIR-E on November 7, 2006 assessing $24,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jessica Rhodes, Enforcement Coordinator at (512) 239-2879, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding S.S.P. C-Store, Inc. dba Speedy Food Mart, Docket No. 2006-0519-PST-E on November 7, 2006 assessing $8,000 in administrative penalties with $1,600 deferred.

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 Craton Taylor dba Taylor Trucking Sand & Gravel, Docket No. 2006-0521-WQ-E on November 7, 2006 assessing $3,150 in administrative penalties with $630 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 City of Rhome, Docket No. 2006-0551-MWD-E on November 7, 2006 assessing $31,900 in administrative penalties with $6,380 deferred.

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 BP Products North America Inc., Docket No. 2006-0557-AIR-E on November 7, 2006 assessing $30,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding North Texas District Council Assemblies of God, Docket No. 2006-0572-MWD-E on November 7, 2006 assessing $8,910 in administrative penalties with $1,782 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 Owens Corning, Docket No. 2006-0591-AIR-E on November 7, 2006 assessing $11,550 in administrative penalties with $2,310 deferred.

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 Monarch Utilities, I L.P., Docket No. 2006-0610-PWS-E on November 7, 2006 assessing $745 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tel Croston, Enforcement Coordinator at (512) 239-5717, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Arkema Inc., Docket No. 2006-0614-AIR-E on November 7, 2006 assessing $4,500 in administrative penalties with $900 deferred.

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 Gerdau Ameristeel US Inc., Docket No. 2006-0625-AIR-E on November 7, 2006 assessing $4,600 in administrative penalties with $920 deferred.

Information concerning any aspect of this order may be obtained by contacting Bryan Elliott, Enforcement Coordinator at (512) 239-6162, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding San Antonio Water System, Docket No. 2006-0636-MWD-E on November 7, 2006 assessing $10,900 in administrative penalties with $2,180 deferred.

Information concerning any aspect of this order may be obtained by contacting Lynley Doyen, Enforcement Coordinator at (512) 239-1364, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ConocoPhillips Company, Docket No. 2006-0646-AIR-E on November 7, 2006 assessing $16,175 in administrative penalties with $3,235 deferred.

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.

An agreed order was entered regarding City of Center, Docket No. 2006-0678-MWD-E on November 7, 2006 assessing $3,180 in administrative penalties with $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 Knippa Water Supply Corporation, Docket No. 2006-0684-PWS-E on November 7, 2006 assessing $525 in administrative penalties with $105 deferred.

Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (210) 403-4056, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mansehra, Inc. dba Super Stop 10, Docket No. 2006-0690-PST-E on November 7, 2006 assessing $3,745 in administrative penalties with $749 deferred.

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 BP Amoco Chemical Company, Docket No. 2006-0692-AIR-E on November 7, 2006 assessing $10,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jason Kemp, Enforcement Coordinator at (512) 239-5610, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding XTO Energy Inc., Docket No. 2006-0697-WR-E on November 7, 2006 assessing $2,375 in administrative penalties with $475 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 Tekni-Plex, Inc.dba Dolco Packaging, Docket No. 2006-0705-AIR-E on November 7, 2006 assessing $2,730 in administrative penalties with $546 deferred.

Information concerning any aspect of this order may be obtained by contacting Cari-Michel La Caille, Enforcement Coordinator at (512) 239-1387, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Namma Corporation dba Park Cleaners dba Reino Cleaners dba Rochelle Cleaners and dba Kim Cooper Cleaners, Docket No. 2006-0715-DCL-E on November 7, 2006 assessing $4,445 in administrative penalties with $890 deferred.

Information concerning any aspect of this order may be obtained by contacting Cari-Michel La Caille, Enforcement Coordinator at (512) 239-1387, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Aleem Enterprises, Inc., Docket No. 2006-0717-DCL-E on November 7, 2006 assessing $2,370 in administrative penalties with $474 deferred.

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 Summit Fabric Care, Inc. dba Cuff and Collar Cleaners and dba Empire Cleaners, Docket No. 2006-0718-DCL-E on November 7, 2006 assessing $2,370 in administrative penalties with $474 deferred.

Information concerning any aspect of this order may be obtained by contacting Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Chasco Constructors, Ltd. LLP, Docket No. 2006-0723-WQ-E on November 7, 2006 assessing $750 in administrative penalties with $150 deferred.

Information concerning any aspect of this order may be obtained by contacting Brent Hurta, Enforcement Coordinator at (512) 239-6589, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Bontag Koo dba Glenbrook Cleaners, Docket No. 2006-0740-DCL-E on November 7, 2006 assessing $1,185 in administrative penalties with $237 deferred.

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 Occidental Permian LTD., Docket No. 2006-0812-AIR-E on November 7, 2006 assessing $3,240 in administrative penalties with $648 deferred.

Information concerning any aspect of this order may be obtained by contacting Bryan Elliott, Enforcement Coordinator at (512) 239-6162, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Willie D. Lawson, Sr. dba Evans Ave Cleaners, Docket No. 2006-0845-DCL-E on November 7, 2006 assessing $1,185 in administrative penalties with $237 deferred.

Information concerning any aspect of this order may be obtained by contacting Shontay Wilcher, Enforcement Coordinator at (512) 239-2136, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Hyunsuk Park dba Sunshine Cleaners, Docket No. 2006-0848-DCL-E on November 7, 2006 assessing $889 in administrative penalties with $178 deferred.

Information concerning any aspect of this order may be obtained by contacting Shontay Wilcher, Enforcement Coordinator at (512) 239-2136, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Betty Porter dba Overton Mustang Cleaners Copies and More, Docket No. 2006-0849-DCL-E on November 7, 2006 assessing $889 in administrative penalties with $178 deferred.

Information concerning any aspect of this order may be obtained by contacting Shontay Wilcher, Enforcement Coordinator at (512) 239-2136, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Coffman Tank Trucks, Inc., Docket No. 2006-0857-MSW-E on November 7, 2006 assessing $1,000 in administrative penalties with $200 deferred.

Information concerning any aspect of this order may be obtained by contacting Dana Shuler, Enforcement Coordinator at (512) 239-2505, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Center, Docket No. 2006-0859-PWS-E on November 7, 2006 assessing $4,200 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Epifanio Villareal, Enforcement Coordinator at (210) 403-4033, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Texas Crude Energy, Inc., Docket No. 2006-0888-AIR-E on November 7, 2006 assessing $5,000 in administrative penalties with $1,000 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 Momin, Inc. dba Hardys Laundromat & Discount Cleaners, Docket No. 2006-0990-DCL-E on November 7, 2006 assessing $889 in administrative penalties with $178 deferred.

Information concerning any aspect of this order may be obtained by contacting Tom 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 City of Giddings, Docket No. 2006-1012-MWD-E on November 7, 2006 assessing $900 in administrative penalties with $180 deferred.

Information concerning any aspect of this order may be obtained by contacting Brent Hurta, Enforcement Coordinator at (512) 239-6589, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200606356

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: November 22, 2006

Notice issued November 29, 2006

TCEQ Internal Control No. 07132006-D09; MAW Magnolia, LP (Petitioner) filed a petition for creation of Montgomery County Municipal Utility District No. 116 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; Title 30, Texas Administrative Code, Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) the proposed District will contain approximately 589.7 acres located within Montgomery County, Texas; and (3) the proposed District is not within the corporate limits or extraterritorial jurisdiction of any city, town, or village in Texas. There is one lien holder, Bank of the Ozarks, on the property to be included in the proposed District; and the Petitioner has provided the TCEQ with the certificate evidencing their consent to the creation of the proposed District. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project; and from the information available at the time, the cost of the project is estimated to be approximately $37,550,000.

INFORMATION SECTION

To view the complete issued notices, view the notices on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.

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

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

Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team at (512) 239-4691. Si desea información en Español, puede llamar al 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.

TRD-200606383

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: November 29, 2006

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is January 2, 2007 . The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 787113087 and must be received by 5:00 p.m. on January 2, 2007 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the DOs shall be submitted to the commission in writing .

(1) COMPANY: Benavides Custom Homes, LLC; DOCKET NUMBER: 2006-0427-WQ-E; TCEQ ID NUMBER: RN104014964; LOCATION: near Del Rio Highway 277 and Veterans Boulevard, Eagle Pass, Maverick County, Texas; TYPE OF FACILITY: construction site for custom homes; RULES VIOLATED: 30 TAC §281.25(a)(4); 40 Code of Federal Regulations (CFR) §122.26(a); and Texas Pollutant Discharge Elimination System (TPDES) General Permit No. TXR150000 Part II, Section D3(d), by failing to post a copy of the Notice of Intent at the site in a location where it is readily available for viewing; 30 TAC §281.25(a)(4); 40 CFR §122.26(a); and TPDES General Permit No. TXR150000 Part II, Section D2(c), by failing to post a signed copy of the construction site notice at the site in a location where it is readily available for viewing; 30 TAC §281.25(a)(4); 40 CFR §122.26(a); and TPDES General Permit No. TXR150000 Part II, Section D1, by failing to have the Storm Water Pollution Prevention Plan readily available at the time of an on-site inspection; and 30 TAC §281.25(a)(4), and Texas Water Code (TWC), §5.702, by failing to pay General Permit Stormwater fees for Fiscal Years 2005 and 2006, for TCEQ Financial Administration Account No. 20006737; PENALTY: $3,150; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3638, (956) 791-6611.

(2) COMPANY: Carolyn Hilgen dba Carolyns Country Café; DOCKET NUMBER: 2006-0505-PWS-E; TCEQ ID NUMBER: RN103105557; LOCATION: 37470 Farm-to-Market Road 529, Brookshire, Waller County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B), and Texas Health and Safety Code (THSC), §341.033(d), by failing to conduct routine bacteriological monitoring of the public water supply during the months of July - December 2005, and January and February 2006; and 30 TAC §290.51(a)(3), and TWC, §5.702, by failing to pay past due public health service fees for Account Number 92370083; PENALTY: $2,840; STAFF ATTORNEY: Deanna Sigman, Litigation Division, MC 175, (512) 239-0619; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: David Priess and Randy Priess; DOCKET NUMBER: 2005-0700-MLM-E; TCEQ ID NUMBER: RN104474374; LOCATION: 5876 Rural Route 386, Fredonia, Mason County, Texas; TYPE OF FACILITY: unauthorized hazardous and industrial waste storage site; RULES VIOLATED: 30 TAC §111.201 and §111.219(7), by causing, suffering, or allowing outdoor burning in the State of Texas without authorization from the commission; 30 TAC §335.2(a) and §335.43(a), by failing to dispose of municipal hazardous waste at an authorized facility; 30 TAC §335.62 and §335.431(c), and 40 CFR §262.11 and §268.40, by failing to conduct a hazardous waste determination on the burned wire insulation hazardous waste stream, and by failing to meet treatment standards for lead prior to land disposal; 30 TAC §§335.2(a), 335.4, and 335.43(a), by failing to dispose of municipal hazardous waste at an authorized facility; and 30 TAC §335.9(a)(1), by failing to keep records of all hazardous waste activities regarding the quantities generated, stored, processed, and disposed; PENALTY: $25,000; STAFF ATTORNEY: Mark Curnutt, Litigation Division, MC 175, (512) 239-0624; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(4) COMPANY: Janice L. Wilson; DOCKET NUMBER: 2006-0271-LII-E; TCEQ ID NUMBER: RN104664826; LOCATION: 18320 Deerview Lane, New Ulm, Austin County, Texas; TYPE OF FACILITY: lawn maintenance and landscaping business; RULES VIOLATED: 30 TAC §30.5(a) and §344.4(a), TWC, §37.003, and Texas Occupation Code, §1903.251, by failing to obtain an Irrigator's license prior to selling an irrigation system to be installed at the site; PENALTY: $250; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Oldmoc, Inc. dba Super Mart 1; DOCKET NUMBER: 2003-1068-PST-E; TCEQ ID NUMBER: RN101434496; LOCATION: 10800 Highway 190, Point Blank, San Jacinto County, Texas; TYPE OF FACILITY: lawn maintenance and landscaping business; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate continuous financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks (USTs); 30 TAC §334.22, by failing to pay all outstanding UST fees for Fiscal Years 2001 - 2003 for Financial Administration Account Number 0012459U; and 30 TAC §334.128, by failing to pay all outstanding above ground storage tank fees for Fiscal Years 1999 - 2003 for Financial Administration Account Numbers 0012459A and 0051889A; PENALTY: $3,450; STAFF ATTORNEY: James Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(6) COMPANY: Paula A. Hicks; DOCKET NUMBER: 2004-1677-PST-E; TCEQ ID NUMBER: RN104154315; LOCATION: 103 East Goliad Avenue, Crockett, Houston County, Texas; TYPE OF FACILITY: real property; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, an existing UST system for which any applicable component of the system was not brought into timely compliance with the upgrade requirements; 30 TAC §334.54(d)(2), by failing to ensure that any residue from stored regulated substances which remained in the temporarily out of service UST system did not exceed a depth of 2.5 centimeters at the deepest point and did not exceed 0.3% by weight of the system at full capacity; 30 TAC §334.7(a)(1), and TWC, §26.346, by failing to register with the commission on authorized commission forms, all USTs in existence on or after September 1, 1987; 30 TAC §334.50(a)(1)(A), TWC, §26.3475(c)(1), by failing to provide a proper release detection method capable of detecting a release from any portion of the UST system; 30 TAC §334.49(a), and TWC, §26.3475(d), by failing to install corrosion protection for the UST system; and 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: $14,700; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: Sadruddin & Sons, Inc. dba Churchill Grocery; DOCKET NUMBER: 2005-1291-PWS-E; TCEQ ID NUMBER: RN101906204; LOCATION: 4128 Farm-to-Market Road 2611, Brazoria, Brazoria County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(i), and THSC, §341.033(d), by failing to collect routine water samples for bacteriological analysis for the months of April, September and December 2003; February, May - August, and December 2004; and January 2005; and 30 TAC §290.122(c)(2)(B), by failing to post a public notification for the months of August and December 2004; and January 2005; PENALTY: $3,850; STAFF ATTORNEY: Mark Curnutt, Litigation Division, MC 175, (512) 239-0624; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8) COMPANY: Sandra Cooper; DOCKET NUMBER: 2006-0170-PST-E; TCEQ ID NUMBER: RN104190855; LOCATION: 6101 Jade Avenue, Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: private property with one UST; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, an existing UST system for which any applicable component of the system was not brought into timely compliance with the upgrade requirements; 30 TAC §334.7(a)(1), and TWC, §26.346, by failing to register a UST system with the TCEQ; and 30 TAC §334.49(a)(1), and TWC, §26.3475(d), by failing to provide corrosion protection for the UST system; PENALTY: $6,600; STAFF ATTORNEY: Shawn Slack, Litigation Division, MC 175, (512) 239-0063; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(9) COMPANY: Will Harper; DOCKET NUMBER: 2004-0982-PST-E; TCEQ ID NUMBER: RN104066121; LOCATION: 2995 West Crockett Street, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: property that was used as a petroleum storage tank, bulk storage facility; RULES VIOLATED: 30 TAC §327.5(a), by failing to cooperate fully to initiate immediate and reasonable steps to abate and contain the spill or discharge, and minimize its impact; PENALTY: $3,150; STAFF ATTORNEY: James Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

TRD-200606313

Mary Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: November 21, 2006

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 January 2, 2007 . 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 indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or 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. Written 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 787113087 and must be received by 5:00 p.m. on January 2, 2007 . 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 shall be submitted to the commission in writing .

(1) COMPANY: Madat Hirani dba Circle J Food Store; DOCKET NUMBER: 2004-0041-PST-E; TCEQ ID NUMBER: RN102405768; LOCATION: 12310 Cullen Boulevard, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail fuel sales; RULES VIOLATED: 30 TAC §334.49(a)(2) and (c)(4)(C), and Texas Water Code (TWC), §26.3475(d), by failing to properly maintain and test the cathodic protection system for adequacy of protection once every three years; and 30 TAC §334.50(b)(1)(A) and (b)(2)(A)(i), and TWC, §26.3475(a) and (c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once per month, not to exceed 35 days between each monitoring, and by failing to equip the regular unleaded product line with an automatic line leak detector; PENALTY: $4,500; STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175, (512) 239-0078; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Metroplex Lucky Star, LLC dba Coastal 1; DOCKET NUMBER: 2005-1189-PST-E; TCEQ ID NUMBERS: 8280 and RN101560977; LOCATION: 1400 South Armstrong, Denison, Grayson County, Texas; TYPE OF FACILITY: convenience store with retail fuel sales; 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: $3,150; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: DallasFort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 761186951, (817) 588-5800.

(3) COMPANY: Price Construction, Ltd.; DOCKET NUMBER: 2006-0537-AIR-E; TCEQ ID NUMBER: RN102743747; LOCATION: six tenths of a mile northwest of Highway 277 on Brodbent Avenue, Del Rio, Val Verde County, Texas; TYPE OF FACILITY: hot mix asphalt plant; RULES VIOLATED: 30 TAC §116.110(a), and Texas Health and Safety Code (THSC), §382.085(b), and §382.0518(a), by failing to obtain authorization to construct and operate a hot mix asphalt plant before operation began; PENALTY: $6,000; STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175, (512) 239-0078; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3638, (956) 791-6611.

(4) COMPANY: Southwest Shipyard, L.P.; DOCKET NUMBER: 2005-0097-MLM-E; TCEQ ID NUMBER: RN100248749; LOCATION: 18310 Market Street, Channelview, Harris County, Texas; TYPE OF FACILITY: barge cleaning and repair facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a), and Texas Pollutant Discharge Elimination System (TPDES) Permit No. 02605, Effluent Limitations and Monitoring Requirements No. 1, by failing to comply with the permitted effluent limits at Outfall 001 for the months of March, July, and October - December 2003, and January and February 2004; 30 TAC §305.125(1), TWC, §26.121(a), and TPDES Permit No. 02605, Effluent Limitations and Monitoring Requirements No. 1, by failing to comply with the permitted effluent limits at Outfall 003; 30 TAC §305.125(1), TWC, §26.121(a), and TPDES Permit No. 02605, Effluent Limitations and Monitoring Requirements No. 1, by failing to comply with the permitted effluent limits at Outfall 004 for the months of March, May, November, and December 2003, and February 2004; 30 TAC §305.125(1), TWC, §26.121(a), and TPDES Permit No. 02605, Effluent Limitations and Monitoring Requirements No. 1, by failing to comply with the permitted effluent limits at Outfall 005; 30 TAC §305.125(1), TWC, §26.121(a), and TPDES Permit No. 02605, Effluent Limitations and Monitoring Requirements No. 1, by failing to comply with the permitted effluent limits at Outfall 006; 30 TAC §305.125(1), TWC, §26.121(a), and TPDES Permit No. 02605, Effluent Limitations and Monitoring Requirements No. 1, by failing to comply with the ammonia nitrogen effluent limit of six milligrams per liter at Outfall 001; 30 TAC §122.143(4) and §122.145(2)(B), Federal Operating Permit No. O-1260, General Terms and Conditions, and THSC, §382.085(b), by failing to submit deviation reports for 2004 and for the first semiannual reporting period of 2005; 30 TAC §122.143(4) and §116.115(c), Federal Operating Permit No. O-1260, Special Condition No. 10, New Source Review (NSR) Permit No. 9442, Special Condition No. 11D, and THSC, §382.085(b), by failing to install a continuous run time flow monitor to record average hourly values of flow and composition for Flares FL-1 and 3; 30 TAC §122.143(4) and §116.115(c), Federal Operating Permit No. O-1260, Special Condition No. 10, NSR Permit No. 36241, Special Condition No. 10C, and THSC, §382.085(b), by failing to record and develop an accurate monthly report for volatile organic compound (VOC) emissions in pounds per hour on a daily basis for the Barge Rail Painting Facility; and 30 TAC §122.143(4) and §116.115(c), Federal Operating Permit No. O-1260, Special Condition No. 10, NSR Permit No. 43774, Special Condition No. 16E, and THSC, §382.085(b), by failing to record and develop an accurate monthly report for VOC emissions in lbs/hr on a daily basis for Dry Docks DD1 and 2, and DD3STK; PENALTY: $49,123; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: The City of Pharr; DOCKET NUMBER: 2003-0357-PST-E; TCEQ ID NUMBER: RN101429413; LOCATION: 1000 South Bluebonnet Street, Pharr, Hidalgo County, Texas; TYPE OF FACILITY: petroleum storage tank facility; RULES VIOLATED: 30 TAC §334.8(c)(5)(A)(i), and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the UST system; 30 TAC §334.8(c)(4)(B), and TWC, §26.346(a), by failing to ensure that the UST registration and self-certification form was fully and accurately completed and submitted to the agency in a timely manner; 30 TAC §334.8(c)(5)(C), by failing to permanently tag, label, or mark the UST system with the identification number listed on the UST registration and self-certification form; 30 TAC §334.49(c)(4), and TWC, §26.3475(d), by failing to test the cathodic protection system within six months of installation, and by failing to have the cathodic protection system inspected once every three years thereafter by a corrosion specialist or corrosion technician; 30 TAC §334.49(c)(2)(C), and TWC, §26.3475(d), by failing to inspect the impressed current cathodic protection system at least every 60 days to ensure that the rectifier and other system components were operating properly; 30 TAC §334.10(b)(1)(A), by failing to develop and maintain all required records pertaining to the UST system; 30 TAC §334.50(d)(9)(A)(v), by failing to report to the agency a UST system analysis report result of inconclusive, which was not investigated and quantified as a pass within 72 hours of the time of receipt of the inconclusive analysis report result; 30 TAC §334.50(d)(1)(B)(i), and TWC, §26.3475(c)(1), by failing to conduct inventory control procedures in accordance with a code or standard of practice developed by a nationally recognized association or independent testing laboratory; 30 TAC §334.50(d)(1)(B)(ii), and TWC, §26.3475(c)(1), by failing to reconcile the inventory control records on a monthly basis in a manner sufficiently accurate to detect a release as small as the sum of 1.0% of the total substance flow-through for the month plus 130 gallons; and 30 TAC §334.50(d)(1)(B)(iii)(III), and TWC, §26.3475(c)(1), by failing to meter and record substance dispensing within the local standards for meter calibration or within an accuracy of six cubic inches for every five gallons of product withdrawn; PENALTY: $22,500; Supplemental Environmental Project (SEP) offset amount of $22,500 to the The Rensselaerville Institute SEP Program to provide for the repair or replacement of failing on-site sewage systems for low income homeowners at no cost to the homeowners; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

TRD-200606312

Mary Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: November 21, 2006

The Texas Commission on Environmental Quality (commission) staff is providing an opportunity for written public comment on the listed Shutdown/Default Orders (S/DOs). Texas Water Code (TWC), §26.3475 authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The commission proposes a Shutdown Order after the owner or operator of a UST facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection violations documented at the facility. The commission proposes a Default Order when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. In accordance with TWC, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is January 2, 2007. The commission will consider any written comments received and the commission may withdraw or withhold approval of a S/DO if a comment discloses facts or considerations that indicate that consent to the proposed S/DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed S/DO is not required to be published if those changes are made in response to written comments.

Copies of each of the proposed S/DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 2393400 and at the applicable regional office listed as follows. Written comments about the S/DO shall be sent to the attorney designated for the S/DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on January 2, 2007. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission attorneys are available to discuss the S/DOs and/or the comment procedure at the listed phone numbers; however, comments on the S/DOs shall be submitted to the commission in writing.

(1) COMPANY: Sohail Afridi dba Lumberton Food Mart; DOCKET NUMBER: 2005-1449-PST-E; TCEQ ID NUMBER: RN102353554; LOCATION: 2346 Highway 69 South, Lumberton, Hardin County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b), by failing to maintain all underground storage tank (UST) records at the station and make them available for inspection to commission personnel upon request; 30 TAC §115.245(2), and Texas Health and Safety Code (THSC), §382.085(b), by failing to verify proper operation of the Stage II equipment at least once every twelve months; 30 TAC §334.50(b)(1)(A), and Texas Water Code (TWC), §26.3475(c)(1), by failing to monitor USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs involved in the retail sale of petroleum substances as a motor fuel; and 30 TAC §334.22(a), and TWC, §5.702, by failing to pay UST fees for TCEQ Financial Assurance Account No. 0060267U, and by failing to pay associated late fees for Fiscal Year 2005; PENALTY: $8,925; STAFF ATTORNEY: Mark Curnutt, Litigation Division, MC 175, (512) 239-0624; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(2) COMPANY: SSMA Corporation, Inc. dba Stop N Drive 30; DOCKET NUMBER: 2004-1281-PST-E; TCEQ ID NUMBER: RN101818201; LOCATION: 716 Magnolia Avenue, Port Neches, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.72(2), by failing to report to the Agency within 24 hours unusual operating conditions observed such as unexplained presence of water in the diesel tank; 30 TAC §334.74, by failing to investigate a suspected release; 30 TAC §334.50(d)(1)(B)(iii)(I), and TWC, §26.3475(c)(1), by failing to conduct inventory volume measurements for regulated substance inputs, withdrawals, and amount still remaining in the tank each operating day; 30 TAC §334.50(d)(1)(B)(ii), and TWC, §26.3475(c)(1), by failing to reconcile inventory control records at least once each month, sufficiently accurate to detect a release which equals or exceeds the sum of 1.0% of the total substance flowthrough for the month plus 130 gallons; 30 TAC §334.8(c)(5)(A)(iii), by failing to ensure a valid delivery certificate was posted at the station and was visible at all times; 30 TAC §115.242(3)(J), and THSC, §382.085(b), by failing to repair or replace damaged or inoperative Stage I dry break; 30 TAC §115.244(3) and §115.246(7), and THSC, §382.085(b), by failing to maintain on site a record of the Stage II monthly inspections; 30 TAC §115.245(2), and THSC, §382.085(b), by failing to conduct an annual Stage II test within the previous 12 months; 30 TAC §115.245(2), and THSC, §382.085(b), by failing to conduct a triennial Stage II test within the previous 36 months; 30 TAC §115.246(1), and THSC, §382.085(b), by failing to maintain a copy of the applicable California Air Resources Board Executive Order; 30 TAC §115.246(4) and (7), and THSC, §382.085(b), by failing to maintain documentation of attendance and completion of Stage II training of Station employees; 30 TAC §115.246(6) and (7), and THSC, §382.085(b), by failing to maintain a record of the Stage II daily inspections; 30 TAC §334.8(c)(4)(B), by failing to ensure that the UST registration and self-certification form was fully and accurately completed, and was submitted to the agency in a timely manner; 30 TAC §334.8(c)(5)(A)(i), and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before delivery of a regulated substance into the USTs was accepted; 30 TAC §334.50(b)(1)(A), and TWC, §26.3475(c)(1), by failing to provide proper release detection for the UST systems; 30 TAC §334.50(b)(2), and TWC, §26.3475(a), by failing to provide proper release detection for the product piping associated with the diesel UST; 30 TAC §334.51(b)(2)(C), and TWC, §26.3475(c)(2), by failing to install overfill prevention equipment; and 30 TAC §37.815(a) and (b), by failing to provide a properly worded insurance policy for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the operation of petroleum USTs; PENALTY: $34,650; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

TRD-200606314

Mary Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: November 21, 2006

The following notices were issued during the period of November 16, 2006 through November 21, 2006.

The following require the applicants to publish notice in a newspaper. Public comments, 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 THE NOTICE.

AQUA DEVELOPMENT, INC. has applied for a renewal of TPDES Permit No. 13433-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility is located approximately 2.2 miles east of the intersection of Farm-to-Market Road 1960 and Windfern Road and approximately 1.8 miles south of the intersection of Farm-to-Market Road 1960 and Farm-to-Market Road 249 in Harris County, Texas

AQUA DEVELOPMENT, INC. has applied for a renewal of TPDES Permit No. 14106-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 80,000 gallons per day. The facility is located approximately 1.3 miles southeast of the intersection of Interstate Highway 45 and Farm-to-Market Road 1960, and at the northeast corner of the intersection of Imperial Valley Drive and North Vista in Harris County, Texas.

AQUA TEXAS, INC. has applied for a renewal of TPDES Permit No. 11314-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility is located north of Cypress Creek, approximately two miles northwest of the intersection of Interstate Highway 45 and Farm-to-Market Road 1960 in Harris County, Texas.

AQUA TEXAS, INC. has applied for a renewal of TPDES Permit No. 12454-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 80,000 gallons per day.The facility is located on the east side of the Kickapoo Creek Arm of Lake Livingston, approximately 2000 feet south of United States Highway 190 within the Cedar Point subdivision in Polk County, Texas.

CITY OF CLEBURNE has applied for a renewal of TPDES Permit No. 10006-001, which authorizes the discharge of treated domestic wastewater at a combined annual average flow not to exceed 7,500,000 gallons per day for Outfall 001 and 002; and the discharge of treated domestic wastewater at a volume not to exceed a daily average flow of 300,000 gallons per day via Outfall 002. The application also includes a request for a temporary variance to the existing water quality standards for total dissolved solids, chlorides and sulfates. The variance would authorize a three-year period in which to conduct a water quality study of the Nolan River into which the treated domestic wastewater is discharged. The study would show whether a site-specific amendment to water quality standards is justified. Prior to the expiration of the three-year variance period, the Commission will consider the site-specific standards and determine whether to adopt the standards or require the existing water quality standards to remain in effect. The facility is located on the north side of Buffalo Creek, approximately 1 mile southwest of the intersection of State Highway 174 and State Highway 171 in Johnson County, Texas.

EL PASO WATER UTILITIES PUBLIC SERVICE BOARD has applied to the TCEQ for a major amendment to Permit No. WQ0010408007, to authorize an increase in the daily average flow from 10,000,000 gallons per day to 12,000,000 gallons per day and to authorize the disposal of drinking water quality treated effluent via five sets of paired infiltration basins for recharge of the Hueco Bolson Aquifer. In addition, the applicant requests to authorize the disposal of primary quality treated effluent in the oxidation pond areas to maintain the willow-cattail wetland and for migratory birds. The current permit authorizes the disposal of drinking water quality treated effluent at a daily average flow not to exceed 10,000,000 gallons per day via disposal by injection wells for the recharge of the Hueco Bolson Aquifer. The treatment of the wastewater for recharge shall be sufficient that the effluent will be of drinking water quality in accordance with the parameters listed in the permit. In addition, the permittee is authorized to dispose of treated effluent by reuse for various purposes according to the requirements of 30 TAC Chapter 210, Use of Reclaimed Water. This permit will not authorize a discharge of pollutants into waters in the State. The plant is located approximately 3.2 miles east of the intersection of U.S. Highway 54 and State Highway 2529 (McCombs Street) and 3 miles south of the intersection of U.S. Highway 54 and Stan Roberts Sr. Avenue, northeast of the City of El Paso in El Paso County, Texas. The oxidation ponds are located northeast of and adjacent to the wastewater treatment facilities. The Hueco Bolson recharge injection well field begins about 2 miles west of the plant site and extends about 2.8 miles west, north of the City of El Paso. The infiltration recharge basins are located in an area west of Farm-to-Market Road 2529 (McCombs Street), east of Martin Luther King Boulevard and north of the City of El Paso. The facility and disposal site are located in the drainage basin of the Rio Grande Below Riverside Diversion Dam in Segment No. 2307 of the Rio Grande Basin.

CITY OF GAINESVILLE has applied for a major amendment to TPDES Permit No. 10726001 to authorize the removal of the effluent limitation and monitoring requirements for Nickel. The current permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,140,000 gallons per day. The facility is located on the east bank of the Elm Fork of the Trinity River and approximately 1.5 miles south of the intersection of Interstate Highway 35 and Farm-to-Market Road 51 in Cooke County, Texas.

CITY OF GALENA PARK has applied to the TCEQ for a major amendment to TPDES Permit No. WQ0010831001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 950,000 gallons per day to an annual average flow not to exceed 1,250,000 gallons per day. The facility is located at 1107 Fifth Street in the City of Galena Park in Harris County, Texas. The treated effluent is discharged to Panther Creek; thence to the Houston Ship Channel/Buffalo Bayou Tidal in Segment No. 1007 of the San Jacinto River Basin. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the action is consistent with the applicable CMP goals and policies.

SUNBELT FRESH WATER SUPPLY DISTRICT has applied for a renewal of TPDES Permit No. 11791-001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,225,000 gallons per day. The facility is located 1.2 miles west of U.S. Highway 59, on the south side of Greens Bayou in Harris County, Texas.

CITY OF WOODVILLE has applied to the TCEQ for a renewal of TPDES Permit No. WQ0010322001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,600,000 gallons per day. The facility is located approximately 1000 feet east of U.S. Highway 69 and 3000 feet south of U.S. Highway 190 in Tyler County, Texas.

INFORMATION SECTION

To view the complete issued notices, view the notices on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.

If you need more information about these permit applications or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.TCEQ.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.

TRD-200606354

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: November 22, 2006

Notices issued November 17, 2006, and November 21, 2006.

APPLICATION NO. 19-2182C; Fred J. Lyssy, 3233 County Road 204, Falls City, Texas 78113, Applicant, has applied to amend Certificate of Adjudication No. 19-2182 to add a downstream diversion point on the San Antonio River, San Antonio River Basin, Wilson County. The application was received on April 26, 2006. Additional information and fees were received on July 18, August 7, and October 12, 2006. The application was accepted for filing and declared administratively complete on October 19, 2006. 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 by December 7, 2006.

APPLICATION NO. 12023; Kim R. Smith Logging, Inc., 1155 East Johnson Street, Tatum, Texas, 75691, applicant, has applied for a Water Use Permit to construct and maintain a dam and reservoir on two (2) unnamed tributaries of Sulphur Creek, Brazos River Basin, for domestic, livestock, and in-place recreational purposes in Grimes County. More information on the application and how to participate in the permitting process is given below. The application was received on February 13, 2006. Additional information and fees were received on May 2, May 5, June 6, August 25, September 20, and October 30, 2006. The application was declared administratively complete and filed with the Office of the Chief Clerk on July 20, 2006. Written public comments and requests for a public meeting should be received in the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

INFORMATION SECTION

To view the complete issued notices, view the notices on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.

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. Si desea información en Español, puede llamar al 1-800-687-4040.

TRD-200606355

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: November 22, 2006

Notice issued November 28, 2006

APPLICATION NO. 12050; Bighorn Ventures II, Ltd., 12221 Merit Drive, Suite 910, Dallas, TX 75251, Applicant, has applied for a water use permit to maintain an existing dam and reservoir on an unnamed tributary of Wilson Creek, Trinity River Basin for in-place recreational purposes in Collin County. The application was received on May 11, 2006. Additional information and fees were received on September 8, 2006. The application was accepted for filing and declared administratively complete on September 26, 2006. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk at the address provided in the information section below within 30 days of the date of newspaper publication of the notice.

INFORMATION SECTION

To view the complete issued notices, view the notices on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.

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. Si desea información en Español, puede llamar al 1-800-687-4040.

TRD-200606382

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: November 29, 2006

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on November 27, 2006, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Far Hills Utility District; SOAH Docket No. 582-06-0568; TCEQ Docket No. 2005-1899-MWD. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Far Hills Utility District 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 Munguía, Office of the Chief Clerk, (512) 239-3300.

TRD-200606384

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: November 29, 2006

Application for incorporation to the State of Texas by DOCTORS HOSPITAL AT RENAISSANCE INSURANCE COMPANY, a domestic life, accident and/or health company. The home office is in Edinburg, Texas.

Application for admission to the State of Texas by FOX INSURANCE COMPANY, a foreign life, accident and/or health company. The home office is in Scottsdale, Arizona.

Application for incorporation to the State of Texas by HEALTHSPRING LIFE & HEALTH INSURANCE COMPANY, INC., a domestic life, accident and/or health company. The home office is in Houston, Texas.

Application for admission to the State of Texas by NMHC GROUP SOLUTIONS INSURANCE INC., a foreign life, accident and/or health company. The home office is in Wilmington, Delaware.

Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-200606393

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: November 29, 2006

Labor Code §405.0026 requires the Commissioner of Insurance to adopt an annual research agenda for the Workers' Compensation Research and Evaluation Group (REG) at the Texas Department of Insurance (Department). Labor Code §405.0026 also requires the Department to publish a proposed research agenda in the Texas Register for public review and comment and the Commissioner of Insurance to hold a public hearing on the proposed research agenda if requested by a member of the public.

In September 2006, the REG posted a public request to stakeholders and the general public for research agenda suggestions on the Department website. The REG also made inquiries and requests of legislative offices for input to develop the Fiscal Year (FY) 2007 Research Agenda. After reviewing responses from the general public, stakeholders, and legislative offices, the REG developed a proposed FY 2007 Research Agenda using the following criteria:

1. Is the proposed research project required by statute or likely to be part of an upcoming legislative review?

2. Will the results of the proposed research project address the information needs of multiple stakeholder groups and/or legislative committees?

3. Are there available data to complete the project or can data be obtained easily and economically to complete the project?

4. Does the REG have sufficient resources to complete the project within FY 2007?

Based upon the responses received and the criteria outlined above, the REG proposes the following set of projects for the FY 2007 Research Agenda for public review and comment.

1. Development of the Workers' Compensation Health Care Network Report Card required under Insurance Code §1305.502 and Labor Code §405.0025;

2. An update of the FY 2006 REG analysis of access to medical care provided under the Approved Doctors List (ADL), including an initial analysis of access to medical care under Department-certified workers' compensation health care networks;

3. A survey of health care providers regarding their knowledge of the 2005 legislative reforms and their perceptions of the Texas workers' compensation system and workers' compensation health care networks;

4. An update of the FY 2006 REG analysis of return-to-work outcomes for injured workers using data from the Texas Workforce Commission;

5. Continuation of the development of a Designated Doctor and peer review doctor monitoring plan in conjunction with the Department's Division of Workers' Compensation;

6. An analysis of the frequency, type, and outcome of peer reviews performed on behalf of insurance carriers using the results of the Department's Division of Workers' Compensation's peer review data call;

7. An update of the FY 2005 REG analysis on medical costs and utilization of care;

8. An update of the FY 2006 REG analysis of medical bill and compensability claim denial trends in the Texas workers' compensation system, including an initial comparison of medical billing denial rates both in- and out-of networks;

9. An initial examination of the frequency of both employers and workers' compensation claims participating in networks; and

10. An analysis of the adequacy of income benefits paid to injured workers as a result of their work-related injuries.

REQUEST FOR PUBLIC COMMENT OR PUBLIC HEARING. To be considered, written comments on the proposed FY 2007 Research Agenda must be submitted no later than 5:00 p.m. on January 2, 2007, to Gene C. Jarmon, General Counsel and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. An additional copy of the comments must be simultaneously submitted to Amy Lee, Director, Workers' Compensation Research and Evaluation Group, Mail Code 105-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. Any request for a public hearing should be submitted separately to the Office of the Chief Clerk before the close of the public comment period. If a hearing is held, written and oral comments presented at the hearing will be considered. For questions regarding the proposed agenda, please contact Amy Lee at wcresearch@tdi.state.tx.us.

TRD-200606307

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: November 20, 2006

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

Application of ESOLVERE, INC., a foreign third party administrator. The home office is ST. PETERSBURG, FLORIDA.

Application of PHARMACARE MANAGEMENT SERVICES, INC., a foreign third party administrator. The home office is DOVER, DELAWARE.

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

TRD-200606392

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: November 29, 2006

1.0 Name and Style of Game.

A. The name of Instant Game No. 787 is "MAGIC NUMBERS". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 787 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 787.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, RABBIT SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $150, $1,500 and $25,000.

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

The Public Utility Commission of Texas (commission) received an application on November 22, 2006, to amend a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).

Project Title and Number: Application of Time Warner Cable to Amend its State-Issued Certificate of Franchise Authority, Project Number 33529 before the Public Utility Commission of Texas.

Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 33529.

TRD-200606374

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: November 28, 2006

Notice is given to the public of the filing of an application filed on November 28, 2006, of a CCN holder's application with the Public Utility Commission of Texas to revise its usage sensitive intrastate switched access rates.

Tariff Control Number and Style: McLeodUSA Telecommunications Services, Inc.'s Application for Approval of Intrastate Switched Access Rates, Tariff Control No. 33545.

The Application: On November 28, 2006, McLeodUSA Telecommunications Services, Inc. (McLeodUSA) filed a tariff application seeking approval of proposed intrastate switched access rates that in some instances are higher than the rates charged by incumbent local exchange companies (ILECs) and/or higher than the blended rates approved in Project No. 32679. This application is being submitted under P.U.C. Substantive Rule §26.223 which expressly permits certificated competitive local exchange carriers (CLECs) to seek approval of intrastate access rates that in the aggregate are higher than the aggregate of the originating and/or terminating usage sensitive switched access rate elements charged by the ILECs when such higher rates are cost justified. McLeodUSA asserted that in adopting P.U.C. Substantive Rule §26.223, the commission recognized not only that ILECs have different cost structures and different access rates, but that CLECs' costs can and do differ from the ILECs' costs. The rule does not require that CLECs provide access services to interexchange carriers at rates that are below costs.

McLeodUSA submitted with its application the results of a cost study performed by QSI Consulting, Inc. The rates proposed by McleodUSA with this filing equal the results of its cost study. QSI Consulting, Inc. developed a cost model that uses McLeodUSA-specific and Texas- specific inputs to develop average per minute costs for the transport and termination, switching and signaling functions and activities associated with the origination and termination of long distance calls. The McLeodUSA cost study is a Total Service Long Run Incremental Cost (TSLRIC) study which captures costs related to facilities owned and/or controlled by McLeodUSA in Texas required to originate and terminate Texas-based calls pursuant to McLeodUSA's switched access services. As is evident from the cost study, McLeodUSA is proposing intrastate switched access rates that just recover its incremental costs, without any mark-up for recovery of joint and common costs.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll- free) 1-800-735-2989. All comments should reference Tariff Control No. 33545.

TRD-200606391

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: November 29, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on November 16, 2006, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA).

Docket Title and Number: Application of Liberty Power Delaware LLC for Retail Electric Provider (REP) certification, Docket Number 33509 before the Public Utility Commission of Texas.

Applicant's requested service area is the service area of specific transmission and distribution utilities and/or municipal utilities or electric cooperatives in which competition is offered, as follows: CenterPoint, TXU, AEP, AEP North, Texas-New Mexico Power.

Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than December 15, 2006. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 33509.

TRD-200606344

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: November 21, 2006

Notice is given to the public of an application filed with the Public Utility Commission of Texas on November 20, 2006, for designation as an eligible telecommunications carrier (ETC) and eligible telecommunications provider (ETP) pursuant to P.U.C. Substantive Rule §26.418 and §26.417, respectively.

Docket Title and Number: Application of Connect Paging, Incorporated, doing business as Get A Phone, for Eligible Telecommunications Carrier Designation and Eligible Telecommunications Provider Designation. Docket Number 33524.

The Application: Connect Paging, Incorporated, doing business as Get A Phone, is requesting ETC/ETP designation in order to receive support from both the Federal Universal Service Support Mechanisms and the Texas Universal Service Fund. Pursuant to 47 U.S.C. §214(e), the commission, either upon its own motion or upon request, shall designate qualifying common carriers as ETC's and ETP's for service areas set forth by the commission. Connect Paging, Incorporated, doing business as Get A Phone, seeks ETC/ETP designation in the study areas of AT&T Texas and Verizon.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than December 28, 2006. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 33524.

TRD-200606373

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: November 28, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on November 16, 2006, to amend a certificate of convenience and necessity for a proposed transmission line in El Paso County, Texas.

Docket Style and Number: Application of El Paso Electric Company (EPE) to Amend a Certificate of Convenience and Necessity for a 115-kV Transmission Line in El Paso County, Texas. Docket Number 33397.

The Application: The project is designated the Santa Fe Pacific Pipeline (SFPP) Breakout Facility 115-kV Service Upgrade. EPE stated that the original purpose for this transmission project stemmed from a request by Kinder Morgan Energy Partners (KM) that EPE provide 115-kV service to their facility being expanded in northeast El Paso. Further load growth anticipated in the area supports the necessity to make major modification or additions to EPE's transmission infrastructure. The estimated date to energize facilities is September 1, 2007.

Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. The deadline for intervention in this proceeding is January 2, 2007. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 33397.

TRD-200606375

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: November 28, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on November 20, 2006, for an amendment to certificated service area boundaries within Cameron County, Texas.

Docket Style and Number: Application of the Brownsville Public Utilities Board (BPUB) to Amend a Certificate of Convenience and Necessity for Service Area Boundaries within Cameron County (Heritage Place Subdivision, Section VI). Docket Number 33522.

The Application: The application encompasses an area of land which is singly certificated to American Electric Power Company (AEP), formerly known as Central Power & Light (CP&L), and is within the corporate limits of the City of Brownsville. BPUB received a letter request from Raymond Corkill requesting BPUB to provide electric utility service to a proposed 16.72-acre subdivision. The estimated cost to BPUB to provide service to this proposed area is $75,966.00. The area is presently undeveloped. If the application is granted the area would be dually certificated for electric service.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas no later than December 15, 2006, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 33522.

TRD-200606346

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: November 21, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on November 17, 2006, for an amendment to certificated service area boundaries within Dallam and Sherman Counties, Texas.

Docket Style and Number: Application of Southwestern Public Service Company (SPS) for an Amendment to its Certificate of Convenience and Necessity for Service Area Boundaries within Dallam and Sherman Counties. Docket Number 33513.

The Application: Southwestern Public Service Company requests a service area boundary exception to supply power to Mr. Will Allen for six irrigation wells totaling 900 horsepower located within the service territory of Rita Blanca Electric Cooperative, Inc. (RBEC). RBEC is in full agreement with the territory amendment.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than December 15, 2006 by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 33513.

TRD-200606345

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: November 21, 2006

Pursuant to the authority granted under Texas Transportation Code, Chapter 223, (enabling legislation), the Texas Department of Transportation (department) may enter into comprehensive development agreements (CDA) for the design, development, construction, financing, maintenance, or operation of a toll project on the state highway system. The enabling legislation authorizes private involvement in toll projects and provides a process for the department to solicit proposals for such projects. Transportation Code, §223.203 prescribes requirements for a solicited proposal and requires the department to publish a request for qualifications in the Texas Register that includes the criteria that will be used to evaluate the proposals, the relative weight given to the criteria, and a deadline by which the proposals must be received. The Texas Transportation Commission (commission) has promulgated rules located at Title 43, Texas Administrative Code, Subchapter A (the rules), governing the submission and processing of solicited proposals and providing for publication of notice that the department is requesting qualifications submittals for development of a toll project with private involvement.

On March 30, 2006 by Minute Order 110468, the commission authorized the issuance of a request for qualifications to develop, design, construct, finance, operate, and maintain, as necessary to achieve the optimal traffic solution, tolled managed lanes and associated facilities along I-820 and SH 183 from I-35W to SH 161, along I-820 to Randol Mill Road, and along I-35W from I-30 to SH 170 in Tarrant and Dallas counties, as well as other facilities to the extent necessary for connectivity, mobility, safety, and financing (project) through a CDA.

Through this notice, the department is seeking qualifications submittals (QS) in response to a request for qualifications (RFQ) for the project. The department intends to evaluate any QS received and may request submission of a proposal, potentially leading to negotiation, award, and execution of a CDA. The department will accept for consideration any QS received in accordance with the rules by the due date for responses. The department anticipates issuing the RFQ, receiving and analyzing the QSs, developing a shortlist of proposing entities or consortia, and issuing a request for proposals (RFP) to the shortlisted entities. After review and a best value evaluation of the responses to the RFP, the department may negotiate and enter into a CDA for the project.

RFQ Evaluation Criteria . QSs will be evaluated by the department for shortlisting purposes using the following general criteria: relative strength and depth of entity qualifications, personnel qualifications, financial qualifications, and legal qualifications, and relative strength, feasibility, and desirability of the proposed conceptual project development plan. The specific criteria under the foregoing categories will be identified in the RFQ, as will the relative weighting of the criteria.

Release of RFQ and Due Date . The department currently anticipates that the RFQ will be available on December 8, 2006. Copies of the RFQ will be available at the Texas Department of Transportation office located at 125 East 11th Street, 5th Floor, Austin, Texas 78701, or on the following website: http://www.dot.state.tx.us/services/texas_turnpike_authority/default.htm . QSs will be due on March 1, 2007 at the time and address specified in the RFQ.

TRD-200606377

Bob Jackson

General Counsel

Texas Department of Transportation

Filed: November 28, 2006