Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under Texas Water Code §7.110. Before the State may settle a judicial enforcement action under Chapter 7 of the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code.

Case Title and Court: Harris County, Texas and The State of Texas v. Gulf Bayport Chemicals, L.P. , Cause No. 2006-19028, in the 152nd Judicial District Court, Harris County, Texas.

Nature of Defendant's Operations: Defendant, Gulf Bayport Chemicals, L.P., owns and operates the chemical plant located at 9700 Bayport Blvd., Pasadena, Harris County, Texas. Harris County's petition alleges that on September 24, 2005, the defendant Gulf Bayport, L.P., illegally discharged glycerin/soybean oil into the water of the State, specifically into Harris County Flood Control ditch A104-04-00 and Taylor Bayou, in violation of Texas Water Code §26.121. This discharge was unauthorized and was in violation of Texas Water Code §26.121.

Proposed Agreed Judgment: The proposed agreed judgment contains civil penalties and attorney's fees. In the proposed settlement, Defendants agree to pay a civil penalty of $8,000 to be divided evenly between Harris County and the State. The proposed judgment awards attorney's fees of $1,000 to Harris County and $1,000 to the State. Defendant is liable for monetary awards in the judgment.

For a complete description of the proposed settlement, the complete proposed Amended Agreed Final Judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement should be directed to Laura E. Miles-Valdez, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered.

For information regarding this publication, contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.

TRD-200603178

Stacey Schiff

Deputy Attorney General

Office of the Attorney General

Filed: June 12, 2006

AGENCIES: Texas Commission on Environmental Quality, Texas Parks and Wildlife Department, Texas General Land Office, and United States Fish and Wildlife Service of the Department of the Interior (collectively the Natural Resource Trustees).

ACTION: Notice of Availability of a proposed Draft Amended Restoration Plan and Environmental Assessment for injuries to natural resources from releases of hazardous substances at the Koppers Texarkana National Priority List site and a 30-day period for public comment on this document beginning June 23, 2006.

SUMMARY: Notice is hereby given that a proposed Draft Amended Restoration Plan and Environmental Assessment (Amended Plan), to be used in the resolution of the Natural Resource Trustees' claim for natural resource damages at the Koppers Texarkana National Priority List site (the Site), is available for public review and comment. The Trustees have developed an Amended Plan to address unforeseen events which have made it impossible to implement the preferred restoration alternative originally selected. This document has been prepared by the Natural Resource Trustees in cooperation with Beazer East, Inc. (Beazer) to address injuries or potential injuries to natural resources and the services they provide as a result of releases of hazardous substances at or from the former Koppers Texarkana Wood Preserving Facility in Texarkana, Bowie County, Texas. The Amended Plan describes revisions to the originally approved Restoration Plan and Environmental Assessment (Draft Plan), which was released for public comment on October 18, 2002. The Draft Plan described potential injuries related to the Site and presented a preferred restoration alternative. The previously proposed restoration project would have provided compensation through the preservation of at least 56.5 acres of riparian and wetland habitat along Howard Creek, in Texarkana, Bowie County, Texas. The Trustees and Beazer have since determined that the property is no longer viable as a restoration alternative.

The Trustees and Beazer have concluded a search for alternative restoration projects. The search evaluated a range of projects within the Days Creek watershed in and around Texarkana, Texas and found no suitable or available properties in the area. The Trustees and Beazer then began a regional search for suitable restoration properties that met the criteria presented in the previously approved Draft Plan and that had identified title and conservation easement holders. After completing this search, the nearest suitable property was located within the Nature Conservancy's Lennox Woods Preserve in Red River County. This project would preserve a minimum of 76 acres of bottomland woodland and wetland habitats in perpetuity through a conservation easement held by the Natural Area Preservation Association, and the fee title of the property being held by the Nature Conservancy of Texas. The Trustees and Beazer are therefore presenting the Lennox Woods Preserve project as the amended preferred restoration alternative for the compensation of natural resource injuries at the former Koppers Texarkana Wood Preserving Facility in Texarkana, Bowie County, Texas.

The opportunity for public review and comment on the proposed Amended Plan announced in this notice is required under Comprehensive Environmental Response, Compensation and Liability Act of 1980. To receive a copy of the proposed Amended Plan, interested members of the public are invited to contact: Charles Brigance, Texas Commission on Environmental Quality, Remediation Division MC 142, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2238 or cbriganc@tceq.state.tx.us .

The Amended Plan may also be reviewed on the Texas Commission on Environmental Quality Natural Resource Trustee Program Web site at: www.tceq.state.tx.us/remediation/nrtp/index.html .

DATES: Comments must be submitted in writing on or before 5:00 p.m. on July 24, 2006, to Charles Brigance of the Texas Commission on Environmental Quality at the address listed in the previous paragraph. The Natural Resource Trustees will consider all written comments prior to finalizing the proposed Amended Plan.

SUPPLEMENTARY INFORMATION: The Site is a former wood treatment facility that began operation in 1910. It is located approximately one mile west of downtown Texarkana, Bowie County, Texas. Waggoner Creek is located immediately adjacent to the Site and forms its western boundary.

On April 16, 1984, The Texas Department of Water Resources (now the Texas Commission on Environmental Quality) recommended to the Environmental Protection Agency (EPA) that the site be placed on the National Priorities List (NPL). The EPA concurred and the Site was proposed for placement on the NPL on October 15, 1984. The site was subsequently added to the NPL on June 10, 1986.

The Natural Resource Trustees determined that a natural resource damage assessment was appropriate due to potential injuries to aquatic and biological natural resources, as a result of surface water runoff and groundwater discharges into Waggoner Creek and an on-site pond. A cooperative assessment of injuries or potential injuries to natural resources was jointly performed by the Natural Resource Trustees and Beazer.

The cooperative assessment determined that the release of hazardous materials at or from the Site resulted in injury or potential injury to natural resources. The Draft Plan described the compensatory restoration project initially proposed to compensate the public for lost ecological services identified in the cooperative damage assessment. Details of the injury assessment and the review of potential restoration options were outlined in the Draft Plan. The Draft Plan was released for public review on October 18, 2002. The document described the assessment procedures used to define the natural resource services losses and to scale the restoration action. It also identified a preservation property preferred to compensate for those service losses caused by the natural resource injuries at the Site. The Trustees did not receive public comment concerning the Draft Plan.

The originally approved preservation property was located south of the City of Texarkana in Bowie County, Texas. The property was a 56.5-acre parcel located on Howard Creek, approximately 1.8 miles south of the Koppers Texarkana Site. The property was bordered by residential development to the north, west and southeast, and undeveloped woodlands along most of the south and east. The property contained extensive wetlands, ponds and riparian hardwood forests, as well as upland pine forests. The habitat supported numerous species of bird, mammals, reptiles, and amphibians.

The property and habitat were to have been preserved in perpetuity through the transfer to a public or private entity and/or use of appropriate conservation easements, deed restrictions, or other legal instruments to ensure the ecological integrity of the site. Numerous public and private organizations were contacted and presented the opportunity to either hold fee title or easement rights on the Howard Creek Preservation property. However, with increasing development in the area and the completion of the new Highway 59 corridor near the restoration project, many of the entities viewed the property as a potential liability and felt that preserving the ecological integrity of the site would be extremely difficult. After two years of attempts to work through these issues and with continued development in the area it became obvious that the property would not attract a fee title or easement holder. The Trustees and Beazer have since determined that the property is no longer viable as a restoration alternative.

The Trustees have identified an alternate preferred restoration alternative that would compensate for potential injuries to water quality and aquatic habitats through the preservation of a 76-acre parcel of bottomland hardwood habitat and aquatic resources located along Pecan Bayou within the Nature Conservancy of Texas' Lennox Woods Preserve, in Red River County, Texas. The parcel has a substantial aquatic habitat component. The property is located within an area that represents high quality old-growth bottomland hardwood forest and contains extensive wetlands, backwaters, and riparian hardwood forest, which support numerous species of aquatic fauna, birds, mammals, reptiles, and amphibians. The ecological services provided by the property will be preserved in perpetuity through the placement of a conservation easement.

TRD-200603229

Mary Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 13, 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. 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 July 24, 2006 . The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 24, 2006 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the commission in writing .

(1) COMPANY: Big Chipper of Texas, Inc. dba Big Chipper Parker Road Recycling Facility; DOCKET NUMBER: 2005-1521-MSW-E; TCEQ ID NUMBER: RN104497790; LOCATION: 1629 Parker Road, Carrollton, Denton County, Texas; TYPE OF FACILITY: wood recycling facility; RULES VIOLATED: 30 TAC §330.4(f)(1)(B), by failing to obtain a permit or registration prior to the storage, processing, removal, or disposal of municipal solid waste; 30 TAC §37.921 and §328.5(d), by failing to demonstrate financial assurance for closure of the facility; PENALTY: $4,000; STAFF ATTORNEY: Robert Mosley, Litigation Division MC 175, (512) 239-0627; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Bob Perry dba Amistad American Camp Ground; DOCKET NUMBER: 2006-1827-PWS-E; TCEQ ID NUMBER: RN102676715; LOCATION: Highway 90 West, Del Rio, Val Verde County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and Texas Health and Safety Code (THSC), §341.033(d), by failing to collect routine bacteriological samples at a frequency based on the population served by the facility; 30 TAC §290.122(c)(2)(B) and THSC, §341.033(d), by failing to notify persons served by the facility of the failure to collect routine bacteriological samples by direct delivery or by continuously posting the notice in conspicuous places within the area served by the facility; PENALTY: $1,980; STAFF ATTORNEY: Shana Horton, Litigation Division, MC 175, (512) 239-1088; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3638, (956) 791-6611.

(3) COMPANY: Jerry Barger dba Barger Salvage Yard; DOCKET NUMBER: 2005-1665-WQ-E; TCEQ ID NUMBER: RN104458294; LOCATION: 497 Apache Street, Kempner, Lampasas County, Texas; TYPE OF FACILITY: automotive salvage yard; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(c), by failing to obtain authorization to discharge storm water associated with industrial activity; PENALTY: $5,350; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(4) COMPANY: Jon A. Friend dba Besaw's Cafe; DOCKET NUMBER: 2005-1487-PWS-E; TCEQ ID NUMBER: RN101191484; LOCATION: 3506 Battleground Road, Harris 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 THSC, §341.033(d), by failing to perform routine monthly bacteriological sampling of the public drinking water supply and failed to provide public notification of the failure to conduct monthly bacteriological sampling during the months of May through August 2003 and November 2003 through April 2005; 30 TAC §290.51(a)(3) and TWC, §5.702, by failing to pay all Fiscal Year 2005 Public Health Service fees, including all late fees, for TCEQ Financial Administration Account No. 31011039; PENALTY: $12,925; 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.

(5) COMPANY: Milton Doss; DOCKET NUMBER: 2005-1584-MLM-E; TCEQ ID NUMBERS: 26819 and RN104601877; LOCATION: 5500 -5490 Greenforest Lane outside of Texarkana, Bowie County, Texas; TYPE OF FACILITY: property; RULES VIOLATED: 30 TAC §330.4(a) and TWC, §26.121(c), by failing to dispose of municipal solid waste, scrap tires, five-gallon plastic buckets, air conditioning refrigerant bottles, refrigerators, sofas, mattresses, carpet, carpet pad, construction debris, trees, and brush at an authorized site and failed to prevent an unauthorized discharge into or adjacent to waters in the state; 30 TAC §111.219(7) and THSC, §382.085(b), by burning unauthorized materials including scrap tires, construction debris, plastics, railroad ties, shingles, freon cylinders, and municipal solid waste at the site; 30 TAC §330.4(a) and TWC, §26.121(c), by failing to dispose of municipal solid waste, scrap tires, construction debris, trees, and brush at an authorized site and failed to prevent an unauthorized discharge into or adjacent to waters in the state; PENALTY: $5,400; STAFF ATTORNEY: Deanna Sigman, Litigation Division, MC 175, (512) 239-0619; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(6) COMPANY: Nelco Distributing Company dba Nelco Corner; DOCKET NUMBER: 2005-1223-PST-E; TCEQ ID NUMBER: RN104557921; LOCATION: 1045 South State Highway 359, Mathis, San Patricio County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of underground storage tank (UST) systems; 30 TAC §334.22(a) and §334.128(a) and TWC, §5.702, by failing to pay UST fees for fiscal years 2001, 2002, 2003, 2004, and 2005 and aboveground storage tank fees for 2003, 2004, and 2005; PENALTY: $4,200; STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175, (512) 239-0078; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(7) COMPANY: Price Construction, Ltd.; DOCKET NUMBER: 2005-0295-AIR-E; TCEQ ID NUMBERS: 907901D and RN102743747; LOCATION: one mile east of University Avenue on North Loop 289, Lubbock, Lubbock County, Texas; TYPE OF FACILITY: hot mix asphalt plant; RULES VIOLATED: 30 TAC §116.110(a)(2)(A) and THSC, §382.085(b), by failing to submit a registration for the installation of a pollution control device; 30 TAC §116.115(c), New Source Review Air Permit 7901, Special Condition 3, and THSC, §382.085(b), by failing to use only the fuel specified by the permit; PENALTY: $5,500; STAFF ATTORNEY: Rebecca Davis, Litigation Division, MC 175, (512) 239-5487; REGIONAL OFFICE: Lubbock Regional Office, 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(8) 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 UST records at the station and make them available for inspection to commission personnel upon request; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment at least once every 12 months; 30 TAC §334.50(b)(1)(A) and 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; 30 TAC §334.22(a) and TWC, §5.702, by failing to pay UST fees for TCEQ Financial Assurance Account No. 0060267U and 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.

(9) COMPANY: Dexter Simpson dba Overton Road Chevron; DOCKET NUMBER: 2004-1971-PST-E; TCEQ ID NUMBERS: 75267 and RN102835766; LOCATION: 3926 East Overton Road, Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $3,150; STAFF ATTORNEY: Rebecca Davis, Litigation Division, MC 175, (512) 239-5487; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: Judy Davis dba Judy's Kountry Kitchen; DOCKET NUMBER: 2006-0063-PST-E; TCEQ ID NUMBER: RN102260767; LOCATION: Highway 75 and Farm-to-Market Road 315, Poyner, Henderson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), and Agreed Order Docket No. 2004-1480-PST-E, Ordering Provision No. 2.a., 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; 30 TAC §334.50(a)(1)(A) and (b)(2)(A)(i)(III); §334.50(d)(1)(B)(ii); and TWC, §26.3475(a) and (c)(1), by failing to provide a release detection method capable of detecting a release from any portion of the UST system which contained regulated substances including the tanks, piping, and other underground ancillary equipment; 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; 30 TAC §334.8(c)(4)(A)(vii) and (c)(5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date of the delivery certificate; 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 USTs at the facility; 30 TAC §334.22(a); Agreed Order, Docket No. 2004-1480-PST-E, Ordering Provision No. 2.b.; and TWC, §5.702, by failing to pay outstanding UST fees for TCEQ Account No. 0054411U for fiscal years 2003, 2004, 2005, and 2006; PENALTY: $21,450; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(11) COMPANY: Pak Convenience Store, Inc. dba One Stop #15; DOCKET NUMBER: 2005-1154-PST-E; TCEQ ID NUMBER: RN102402179; LOCATION: 8460 Denton Drive, Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the UST system at a frequency of at least once every month (not to exceed 35 days between each monitoring) in a manner which would detect a release; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for the UST system; 30 TAC §334.8(c)(4)(A)(vii) and (c)(5)(B)(ii), by failing to timely renew a previously issued delivery certificate, and failed to make immediately available upon request by TCEQ staff a current TCEQ delivery certificate for the USTs at the facility; 30 TAC §334.10(b), by failing to maintain on the premises of the facility all required records, and failed to make those records immediately available for inspection upon request by TCEQ personnel; 30 TAC §334.22(a) and TWC, §5.702, by failing to pay, at the time and in the manner required, outstanding annual facility fees for TCEQ Account No. 0052830U for fiscal year 2006; PENALTY: $6,222; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: Tajammal Incorporated dba Super Stop 18; DOCKET NUMBER: 2005-1493-PST-E; TCEQ ID NUMBER: RN102382058; LOCATION: 5480 College Street, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.242(9) and THSC, §382.085(b), by failing to post operating instructions conspicuously on the front of each gasoline dispensing pump equipped with a Stage II vapor recovery system; 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition as specified by California Air Resources Board Executive Order(s), and free of defects that would impair the effectiveness of the system; 30 TAC §115.246(7)(A) and THSC, §382.085(b), by failing to maintain all required Stage II records for review upon request; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor tanks for releases at a frequency of at least once every month; 30 TAC § 334.50(b)(2)(A)(i)(III) and TWC, §26.3475(a), by failing to test line leak detectors at least once per year; 30 TAC § 334.50(b)(2) and TWC, §26.3475(a), by failing to test product piping at least once per year; 30 TAC §334.50(d)(9)(A)(iv) and §334.72, by failing to notify the commission within 24 hours of a suspected release when statistical inventory reconciliation analysis results were "Fail" or "Inconclusive"; 30 TAC §334.74, by failing to conduct release investigation and confirmation steps within 30 days of discovery of a suspected release; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment at least once every 12 months; PENALTY: $20,800; STAFF ATTORNEY: Shana Horton, Litigation Division, MC 175, (512) 239-1088; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

TRD-200603248

Mary Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 13, 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 July 24, 2006 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 24, 2006 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to the commission in writing .

(1) COMPANY: Highness Enterprises, Inc. dba All Time Food Store; DOCKET NUMBER: 2005-1571-PST-E; TCEQ ID NUMBERS: RN101798361; LOCATION: 29719 Brook Chase Drive, Spring, Montgomery County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(1), (3), (4), (5), (6), and (7)(A) and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain records onsite at the station ordinarily manned during business hours, and make immediately available for review upon request; 30 TAC §115.245(3) and THSC, §382.085(b), by failing to provide written notification to the appropriate TCEQ Regional Office at least ten working days in advance of the testing date and who will conduct the test; 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition including the absence or disconnection of any component that is a part of the approved system; 30 TAC §334.10(b), by failing to maintain the underground storage tank (UST) records as required; 30 TAC § 334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to ensure that all tanks are monitored in a manner which will detect a release at a frequency of at least once every month; 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to conduct proper release detection for the piping associated with the UST system; 30 TAC §334.50(b)(2)(A)(i)(III) and TWC, §26.3475(a), by failing to test the line leak detectors on an annual basis for performance and operational reliability; 30 TAC §334.50(d)(1)(B)(ii) and TWC, §26.3475(c)(1), by failing to conduct monthly reconciliation of inventory control records in a manner sufficiently accurate to detect a release which equals or exceeds the sum of 1% of flow-through plus 130 gallons; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all UST systems at the station; PENALTY: $5,680; 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: Hunters Creek Business Park, Ltd.; DOCKET NUMBER: 2005-1873-EAQ-E; TCEQ ID NUMBERS: RN104590567; LOCATION: within the Edwards Aquifer recharge zone, at the southwestern corner of Highway 46 and Oak Run Parkway near New Braunfels, Comal County, Texas; TYPE OF FACILITY: tract of land; RULES VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain commission approval of an Edwards Aquifer Protection Plan (EAPP) prior to commencing clearing activities, including clearing trees from the land or the Edwards Aquifer Recharge Zone; PENALTY: $15,000; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(3) COMPANY: Larry Beakey dba BBT Investments; DOCKET NUMBER: 2004-0381-PST-E; TCEQ ID NUMBERS: 21226 and RN102821758; LOCATION: 824 South F Street, Harlingen, Cameron County, Texas; TYPE OF FACILITY: petroleum storage tank facility; RULES VIOLATED: 30 TAC §334.48(c), by failing to conduct effective inventory control for the underground storage tank (UST) system; 30 TAC §334.50(b)(1)(A), (b)(2)(A)(i)(III), and (b)(2), and TWC, §26.3475(a) and (c)(1), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring), by failing to monitor the piping associated with the UST system for releases, and by failing to test the piping for performance and operational reliability at least once each year; 30 TAC §334.8(c)(5)(C), by failing to permanently tag, label, or mark the UST system with an identification number that is identical to the UST registration and self-certification number; 30 TAC §334.10(b), by failing to maintain records for the UST system; PENALTY: $5,185; STAFF ATTORNEY: Shana Horton, Litigation Division, MC 175, (512) 239-1088; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(4) 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 TWC, §26.3475(d), by failing to properly maintain and test the cathodic protection system for adequacy of protection once every three years; 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 USTs for releases at a frequency of at least once per month, not to exceed 35 days between each monitoring and failed to equip the regular unleaded product line with an automatic line leak detector; PENALTY: $4,500; STAFF ATTORNEY: Deborah A. Bynum, Litigation Division, MC 175, (512) 239-1976; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Metroplex Sand & Gravel, Ltd.; DOCKET NUMBER: 2004-2094-WQ-E; TCEQ ID NUMBER: RN103959144; LOCATION: 10000 Trammel Davis Road, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: sand dredging operation; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(a), by failing to obtain authorization to discharge storm water associated with industrial activity to water in the state through an individual permit or the Multi-Sector General permit; PENALTY: $5,700; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Rudolphs, Inc. dba Cuero One Stop dba Lantz Shell and dba One Stop 5; DOCKET NUMBER: 2005-1514-PST-E; TCEQ ID NUMBERS: RN101872679, RN101882694, and RN102235249; LOCATION: 710 North Esplanade Street, 102 East Broadway Street, and 101 Industrial Boulevard, Cuero, Dewitt County, Texas; TYPE OF FACILITY: convenience stores with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b), by failing to maintain all required UST records at the Cuero One Stop Facility and make them available for inspection upon request by commission personnel; 30 TAC §334.10(b), by failing to maintain all required UST records at the Lantz Shell Facility and make them available for inspection upon request by commission personnel; 30 TAC §334.10(b), by failing to maintain all required UST records at the One Stop 5 Facility and make them available for inspection upon request by commission personnel; PENALTY: $3,000; STAFF ATTORNEY: Deanna Sigman, Litigation Division, MC 175, (512) 239-0619; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(7) COMPANY: Shawn & Sameer, Inc. dba Lawn Minit Mart; DOCKET NUMBER: 2005-1664-PST-E; TCEQ ID NUMBER: RN102382827; LOCATION: 6448 United States Highway 84, Lawn, Taylor County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b), by failing to have records immediately available for inspection upon request by the TCEQ investigator; 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to monitor piping associated with the USTs for releases; 30 TAC §334.50(b)(2)(A)(i)(III) and TWC, §26.3475(a), by failing to test the line leak detectors at least once per year for performance and operational reliability; 30 TAC §334.50(d)(1)(B)(ii) and TWC, §26.3475(c)(1), by failing to conduct inventory control reconciliation on a monthly basis 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; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a non-removable point in the immediate area of the fill tube according to the UST registration and self-certification form; 30 TAC §334.49(c)(2)(C) and (c)(4) and TWC, §26.3475(d), by failing to test the cathodic protection system for operability and adequacy of protection at a frequency of at least once every three years, and failing to inspect the rectifier at least once every 60 days; PENALTY: $6,100; STAFF ATTORNEY: Mark Curnutt, Litigation Division, MC 175, (512) 239-0624; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(8) COMPANY: The Estate of Robert Walker; DOCKET NUMBER: 2005-0418-AGR-E; TCEQ ID NUMBER: RN103022364; LOCATION: 5048 Father Anders Loop, Cistern, Fayette County, Texas; TYPE OF FACILITY: hog farm; RULES VIOLATED: 30 TAC §321.47(c)(1) and TWC, §26.121(a)(1) by failing to locate, construct, and manage the control of facilities and land management unit of an animal feeding operation in a manner that would protect surface and groundwater quality; 30 TAC §321.47(c)(2) by failing to prevent nuisance conditions and minimize odor conditions in accordance with the requirements of 30 TAC §321.31(b) and 30 TAC §321.47(d)(8) by failing to equip the Retention Control Systems with either irrigation, evaporation, or liquid removal systems; 30 TAC §321.47(f)(19)(A) by failing to restrict animals from coming into direct contact with surface water in the state; PENALTY: $6,300; STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175, (512) 239-0078; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(9) COMPANY: Toko Foko Inc. dba MSM Food Mart; DOCKET NUMBER: 2004-1785-PST-E; TCEQ ID NUMBERS: 49985 and RN102029402; LOCATION: 6013 North Farm-to-Market Road 565, Baytown, Chambers County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §§115.246(6), 115.244(3) and 334.10(b)(1)(B); and THSC, §382.085(b) by failing to maintain a record of the results of the daily and monthly Stage II inspections conducted at the station and failing to maintain UST records pertaining to spill and overfill control records and corrosion protection records; 30 TAC §334.50(a)(1)(A) and (b)(2)(A)(i)(III); and TWC, §26.3475(c)(1) by failing to perform an annual performance test on the existing line leak detectors and failing to provide the UST system with a method or combination of methods, of release detection capable of detecting a release from any portion of the UST system which contains regulated substances; 30 TAC §334.8(c)(5)(A)(i) by failing to make available to a common carrier a valid, current TCEQ delivery certificate before delivery of a regulated substance into the UST; 30 TAC §334.8(c)(5)(B)(ii) by failing to ensure that the UST registration and self-certification forms were submitted to the agency in a timely manner; 30 TAC §334.8(c)(5)(C) by failing to permanently tag or label each UST fill tube at the facility with the number used to identify the tank on the registration and self-certification form filed with the commission; 30 TAC §334.48(c) by failing to conduct effective manual or automatic inventory control on all UST systems at a retail facility; PENALTY: $9,000; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: Town of Hackberry; DOCKET NUMBER: 2005-1107-MWD-E; TCEQ ID NUMBER: RN102077054; LOCATION: the southern end of Maxwell Road, Hackberry, Denton County, Texas; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(17) and Texas Pollutant Discharge Elimination System (TPDES) Permit No. 13434001, Monitoring and Requirement No. 1, by failing to report discharge monitoring report data for the months from September 2003 through June 2004; 30 TAC §305.125(1), TWC, §26.121(a) and TPDES Permit No. 13434001, Final Effluent Limitations and Monitoring Requirements Nos. 1 and 2, by failing to comply with permitted effluent limits during March, May, June, July, and August 2004; PENALTY: $21,700; STAFF ATTORNEY: Shana Horton, Litigation Division, MC 175, (512) 239-1088; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: Waco Infinity Properties, Ltd.; DOCKET NUMBER: 2005-1185-AIR-E; TCEQ ID NUMBER: RN104665351; LOCATION: 1207 West McGregor Drive, McGregor, McLennon County, Texas; TYPE OF FACILITY: real property; RULES VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by failing to prevent outdoor burning; PENALTY: $1,675; STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175, (512) 239-0078; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(12) COMPANY: Yari Enterprises, Inc. dba Git N Go; DOCKET NUMBER: 2004-0445-PST-E; TCEQ ID NUMBER: RN102245263; LOCATION: 302 South 17th Street, West Columbia, Brazoria County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; 30 TAC §334.48(c) and §334.50(d)(1)(B)(ii), by failing to conduct manual or automatic inventory control for all USTs at the facility, and by failing to conduct inventory control reconciliation on a monthly basis; 30 TAC §334.50(b)(1)(A), (b)(2)(A)(i)(III), and (b)(2)(A)(ii)(I) and TWC, §26.3475(a) and (c)(1), by failing to test line leak detectors and product piping at least once per year for performance and operational reliability, and by failing to monitor tanks (release detection) for releases at a frequency of at least once every month; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to conduct the annual and triennial Stage II testing to verify proper operation of the Stage II equipment; 30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding underground storage tank fees for TCEQ Financial Administration Account No. 0059929U; PENALTY: $17,100; 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.

(13) COMPANY: Kash 'N' Karry, Inc. dba Magic Texaco; DOCKET NUMBER: 2004-1842-PST-E; TCEQ ID NUMBERS: 65383 and RN101542330; LOCATION: 110 West Southlake Boulevard, Southlake, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance 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: $3,150; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: Lakhani Ashraf dba Easy Shop; DOCKET NUMBER: 2005-0178-PST-E; TCEQ ID NUMBERS: 45256 and RN102250693; LOCATION: 3510 South College Avenue, Bryan, Brazos County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the operation of petroleum USTs; PENALTY: $3,150; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(15) COMPANY: Tsuo-Min Chi dba A-Sunnys; DOCKET NUMBER: 2004-1224-PST-E; TCEQ ID NUMBERS: 43969 and RN102281268; LOCATION: 6240 Synott Road, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of two petroleum USTs; PENALTY: $2,100; 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.

TRD-200603247

Mary Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 13, 2006

The Texas Commission on Environmental Quality (TCEQ) is requesting grant applications for nonpoint source projects that address the objectives, goals, and/or priorities identified in the State of Texas Nonpoint Source Management Program. Funds awarded under this grant may not pay for activities which are required by: a wastewater discharge permit or a storm water permit (although related activities not specifically required by the permits are allowed). This request does NOT seek agricultural or silvicultural projects under the jurisdiction of the Texas State Soil and Water Conservation Board.

Who is eligible to apply? : Grants will be available to all state agencies or political subdivisions of the State of Texas, including cities, counties, school districts, state universities, and special districts. Private, for profit, and nonprofit organizations may participate in projects as partners or contractors but may not apply directly for funding.

How to Apply and When : Information on the CWA, §319 grant program and how to apply for CWA, §319 grant funding can be accessed on the TCEQ Nonpoint Source Web site at http://www.tceq.state.tx.us/compliance/monitoring/nps/mgmt-plan/index.html . The grant application packet will be posted on the Texas Procurement and Building Commission's Texas Marketplace Web site at http://esbd.tbpc.state.tx.us . The TCEQ will accept applications for consideration of CWA, §319 funding for Fiscal Year 2007 between June 23 and August 23, 2006.

Matching : All projects must include non-federal matching funds of 40% of the project's total costs (i.e., 60/40 match of the 100% total cost, 60% is federal funds and 40% is match funds). Applicants should make an effort to identify other similar work going on within the state. Applicants are encouraged to collaborate and partner with other state or local agencies for measurable nonpoint source pollution reduction.

election Procedures : TCEQ will review the applications, and based on the evaluation criteria, the number of applications submitted, and funds available in each funding category (base and incremental), a portion or potentially all will be invited to submit proposals. A submission request for a proposal does not guarantee full or partial funding through this Request for Grant Application (RFGA). Applicants who are selected will be notified in writing to prepare a proposal and will be assigned to a TCEQ project manager by September 27, 2006. The project manager will work with the applicant to draft and finalize the work plan prior to submittal to the United States Environmental Protection Agency (EPA). EPA will review all work plans prior to TCEQ awarding grant funds.

Questions/Final Addendum : Questions regarding this RFGA will be taken through July 19, 2006. If the applicant has any questions regarding this RFGA contact Regina Adams, Procurements and Contracts, Office of Administrative Services, (512) 239-3427, Fax (512) 239-6004, or email radams@tceq.state.tx.us , MC 181, 12100 Park 35 Circle, Building A, Room 123, Austin, Texas 78753. All questions and answers will be posted to the Texas Procurement and Building Commission's Texas Marketplace Web site at http://esbd.tbpc.state.tx.us for public viewing. Any final addendum to this RFGA will be made by August 18, 2006 and notice will be made on the Texas Marketplace.

Grant Schedule : The following dates are included in the Fiscal Year 2007 Grant Application Process: June 23, 2006 - RFGA Start Date; July 19, 2006 - Deadline for questions regarding RFGA; August 18, 2006 - Final Addendum to RFGA to the Texas Procurement and Building Commission's Texas Marketplace; August 23, 2006 - Deadline for submitting applications; September 27, 2006 - Potential applicants will be notified in writing to submit proposals; November 22, 2006 - Final work plans are due for submittal to EPA; March 2007 - Projected date of EPA Award; April 2007 - (Contingent on EPA Award) TCEQ initiates contracts with applicants.

TRD-200603220

Stephanie Bergeron Perdue

Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: June 13, 2006

The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment a draft implementation plan concerning nitrate-nitrogen loading in the Lower Sabinal River of the Nueces River Basin. TCEQ will also conduct a public meeting to receive comments on the implementation plan.

Lower Sabinal River (Segment 2110), located in Uvalde County, is included in the State of Texas Clean Water Act, §303(d) list of impaired water bodies. As required by §303(d) of the federal Clean Water Act, a Total Maximum Daily Load (TMDL) was developed for nitrate-nitrogen. The TMDL was adopted by the commission on August 10, 2005, as an update to the State Water Quality Management Plan. Upon adoption by the commission, the TMDL was submitted to the United States Environmental Protection Agency (EPA) for review and approval. EPA approved the TMDL on October 13, 2005. The implementation plan is a flexible tool that the governmental and non-governmental agencies involved in TMDL implementation will use to guide their program management.

A public meeting will be held in Sabinal, Texas, on June 27, 2006, at 7:00 p.m., at the Sabinal City Hall, located at 501 North Center Street. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the meeting; however, an agency staff member will be available to discuss the matter 30 minutes prior to the meeting and will answer questions before and after the meeting. The purpose of the public meeting is to provide the public an opportunity to comment on the proposed plan. The commission requests comment on each of the six major components of the implementation plan: description of control actions and management measures, implementation schedule, legal authority, follow-up monitoring plan, measurable outcomes, and communication strategy. After the public comment period, TCEQ staff may revise the implementation plan, if appropriate. The final implementation plan will then be considered for approval by the commission. Upon approval of the implementation plan by the commission, the final implementation plan and a response to public comments will be made available on the TCEQ Web site at http://www.tceq.state.tx.us/implementation/water/tmdl/index.html .

Written comments should be submitted to Ward Ling, TCEQ TMDL Section, MC 203, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1414. All comments must be received by 5:00 p.m., July 14, 2006, and should reference Implementation Plan for One Total Maximum Daily Load for Nitrate-Nitrogen in Lower Sabinal River, For Segment 2110. For further information regarding this proposed TMDL implementation plan, please contact Ward Ling, TCEQ Central Office, at (512) 239-6238 or eling@tceq.state.tx.us . Copies of the document summarizing the proposed TMDL implementation plan can be obtained via the commission's Web site or by calling (512) 239-4900.

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

TRD-200603219

Stephanie Bergeron Perdue

Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: June 13, 2006

The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment a draft implementation plan concerning polychlorinated biphenyls (PCBs) in fish tissue in Lake Worth of the Trinity River Basin. TCEQ will also conduct a public meeting to receive comments on the implementation plan.

Lake Worth (Segment 0807), located in Tarrant County, is included in the State of Texas Clean Water Act, §303(d) list of impaired water bodies. As required by the federal Clean Water Act, §303(d) a Total Maximum Daily Load (TMDL) was developed for PCBs in fish tissue. The TMDL was adopted by the commission on August 10, 2005, as an update to the State Water Quality Management Plan. Upon adoption by the commission, the TMDL was submitted to the United States Environmental Protection Agency (EPA) for review and approval. EPA approved the TMDL on October 13, 2005. The implementation plan is a flexible tool that the governmental and non-governmental agencies involved in TMDL implementation will use to guide their program management.

A public meeting will be held in Fort Worth, Texas, on July 6, 2006, at 7:00 p.m., at the Fort Worth City Hall, City Council Chamber located at 1000 Throckmorton Street. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the meeting; however, an agency staff member will be available to discuss the matter 30 minutes prior to the meeting and will answer questions before and after the meeting. The purpose of the public meeting is to provide the public an opportunity to comment on the proposed plan. The commission requests comment on each of the six major components of the implementation plan: description of control actions and management measures, implementation schedule, legal authority, follow-up monitoring plan, measurable outcomes, and communication strategy. After the public comment period, TCEQ staff may revise the implementation plan, if appropriate. The final implementation plan will then be considered for approval by the commission. Upon approval of the implementation plan by the commission, the final implementation plan and a response to public comments will be made available on the TCEQ Web site at http://www.tceq.state.tx.us/implementation/water/tmdl/index.html .

Written comments should be submitted to Roger Miranda, Texas Commission on Environmental Quality, Chief Engineer's Office, TMDL Section, MC 203, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1414. All comments must be received by 5:00 p.m., July 14, 2006, and should reference Implementation Plan for One Total Maximum Daily Load for Polychlorinated Biphenyls (PCBs) in Fish Tissue in Lake Worth, For Segment 0807 . For further information regarding this proposed TMDL implementation plan, please contact Roger Miranda, TCEQ Central Office, at (512) 239-6278 or rmiranda@tceq.state.tx.us . Copies of the document summarizing the proposed TMDL implementation plan can be obtained via the commission's Web site or by calling (512) 239-4900.

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

TRD-200603227

Stephanie Bergeron Perdue

Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: June 13, 2006

The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment a draft implementation plan concerning total dissolved solids and chlorides loading in the Clear Creek Above Tidal watershed of San Jacinto-Brazos River Basin. TCEQ will also conduct a public meeting to receive comments on the implementation plan.

Clear Creek Above Tidal (Segment 1102), located in Fort Bend, Harris, Brazoria, and Galveston Counties, is included in the State of Texas Clean Water Act, §303(d) list of impaired water bodies. As required by §303(d) of the federal Clean Water Act, Total Maximum Daily Loads (TMDLs) were developed for total dissolved solids and chlorides. The TMDLs were adopted by the commission on April 12, 2006, as updates to the State Water Quality Management Plan. Upon adoption by the commission, the TMDLs were submitted to the United States Environmental Protection Agency for review and approval. The implementation plan is a flexible tool that the governmental and non-governmental agencies involved in TMDL implementation will use to guide their program management.

A public meeting will be held in Pearland, Texas, on July 11, 2006, at 7:00 p.m., at the Pearland City Hall Council Chambers, located at 3519 Liberty Drive. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the meeting; however, an agency staff member will be available to discuss the matter 30 minutes prior to the meeting and will answer questions before and after the meeting. The purpose of the public meeting is to provide the public an opportunity to comment on the proposed plan. The commission requests comment on each of the six major components of the implementation plan: description of control actions and management measures, implementation schedule, legal authority, follow-up monitoring plan, measurable outcomes, and communication strategy. After the public comment period, TCEQ staff may revise the implementation plan, if appropriate. The final implementation plan will then be considered for approval by the commission. Upon approval of the implementation plan by the commission, the final implementation plan and a response to public comments will be made available on the TCEQ Web site at http://www.tceq.state.tx.us/implementation/water/tmdl/index.html .

Written comments should be submitted to Andrew Sullivan, TCEQ TMDL Section, MC 203, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1414. All comments must be received by 5:00 p.m., July 14, 2006, and should reference Implementation Plan for Two Total Maximum Daily Loads for Total Dissolved Solids and Chlorides in Clear Creek above Tidal, For Segment 1102 . For further information regarding this proposed TMDL implementation plan, please contact Andrew Sullivan, TCEQ Central Office, at (512) 239-4587 or asulliva@tceq.state.tx.us . Copies of the document summarizing the proposed TMDL implementation plan can be obtained via the commission's Web site or by calling (512) 239-4900.

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

TRD-200603221

Stephanie Bergeron Perdue

Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: June 13, 2006

The following notices were issued during the period of June 2, 2006 through June 8, 2006.

The following require the applicants to publish notice in the newspaper. The public comment period, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

Apple Springs Independent School District has applied for a renewal of TPDES Permit No. 14086-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 6,200 gallons per day. The facility is located approximately 1,000 feet northwest of the intersection of Farm-to-Market Road 357 and Farm-to-Market Road 2501, and north of State Highway 94 in Trinity County, Texas.

City of Deport has applied for a renewal of TPDES Permit No. 10741-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 183,000 gallons per day. The facility is located approximately 1000 feet south of U.S. Highway 271 and 1400 feet west of the intersection of Farm-to-Market Road 1149 and U.S. Highway 271 in Lamar County, Texas.

City of Joaquin has applied for a renewal of TPDES Permit No. 12718-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 137,000 gallons per day. The facility is located approximately 2,700 feet northeast of the intersection of Jackson Street and U.S. Highway 84 in the City of Joaquin in Shelby County, Texas.

City of Presidio has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed TPDES Permit No. WQ0014679001, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 1,250,000 gallons per day. The facility will be located approximately 1.5 miles southeast of the City of Presidio on the north side of Farm-to-Market Road 170 in Presidio County, Texas.

City of Sabinal has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014689001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 340,000 gallons per day. The facility will be located approximately 5,300 feet south of the intersection of State Hwy. 187 and Dunlap Avenue, along Dunlap Avenue and Rhylander Road (County Road 386) in Uvalde County, Texas.

City of Yantis has applied for a renewal of TPDES Permit No. 12187-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 42,000 gallons per day. The facility is located approximately one mile south of the intersection of Farm-to-Market Road 17 and State Highway 154 in Wood County, Texas.

LeTourneau, Inc., which operates a heavy equipment manufacturing plant, has applied for a renewal of TPDES Permit No. WQ0001603000, which authorizes the discharge of contact and noncontact cooling water, parts/equipment washdown water, storm water runoff, and previously monitored effluents (wastewater from the vacuum degassing process, non contact cooling water, contact cooling water, and storm water via internal Outfall 101 and wastewater from the hot forming process via internal Outfall 201) on an intermittent and flow variable basis via Outfall 001. The facility is located at 2400 S. McArthur Boulevard, approximately 0.25 mile northwest of the intersection of Estes Parkway and Farm-to-Market Road 1845, and approximately 0.75 mile north of Interstate Highway 20 in the southwestern portion of the City of Longview, Gregg County, Texas.

Mallard Point WWTP, LLC has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. 14215-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 22,500 gallons per day. The proposed permit would also authorize the disposal of treated domestic wastewater via irrigation on 40 acres of a 90 acre golf course. The facility is located approximately 8,650 feet north and 2,000 feet west of the intersection of Farm-to-Market Road 1,564 and U.S. Highway 69 in Hunt County, Texas.

Town of Ponder has applied for a renewal of TPDES Permit No. 11287-003, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 225,000 gallons per day. The facility is located approximately 2,500 feet southeast of the intersection of Farm-to-Market Road 2449 and Farm-to-Market Road 156, approximately 1,200 feet east of Farm-to-Market Road 156 and 1,600 feet south of Farm-to-Market Road 2449 in Denton County, Texas.

TRD-200603267

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 14, 2006

Notice issued on June 13, 2006:

APPLICATION NO. 5927 Michael L. Gilbert and Donna G. Gilbert, 7405 96th Street, Lubbock, Texas 79424, applicants, have applied for a Water Use Permit to divert and use not to exceed 90 acre-feet of water per year from Running Water Draw, Brazos River Basin, for agricultural (irrigation) purposes in Hale County. The application was received on November 14, 2005. Additional information was received on February 6 and March 10, 2006. The application was declared administratively complete and filed with the Office of the Chief Clerk on March 21, 2006. Ownership of the land is evidenced by a Warranty Deed with Vendor's Lien filed as Volume 978, Page 4211 in the Hale County Clerk's Office. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

INFORMATION SECTION

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

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

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

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

TRD-200603266

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 14, 2006

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on June 6, 2006, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Huntsman Petrochemical Corporation; SOAH Docket No. 582-05-7505; TCEQ Docket No. 2004-1505-AIR-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Huntsman Petrochemical Corporation on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239-3300.

TRD-200603270

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 14, 2006

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on June 6, 2006, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Murrill Len Baxley dba Texas Defensive Shooting Academy; SOAH Docket No. 582-05-5033; TCEQ Docket No. 2003-0029-MSW. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Murrill Len Baxley dba Texas Defensive Shooting Academy on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239-3300.

TRD-200603269

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 14, 2006

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

Application for admission to Texas of PROVIDENT AGENCY, INC., a foreign third party administrator. The home office is PITTSBURGH, PENNSYLVANIA.

Application for incorporation in Texas of NEW BENEFITS, LTD., a domestic third party administrator. The home office is DALLAS, TEXAS.

Application to change the name and home office of WAUSAU BENEFITS, INC., WAUSAU, WISCONSIN to FISERV HEALTH PLAN ADMINISTRATORS, INC. (using the assumed name FISERV HEALTH-WAUSAU BENEFITS), a foreign third party administrator. The home office is WILMINGTON, 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-200603088

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: June 7, 2006

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

Application to change the name of STARMOUNT FINANCIAL CORPORATION, INC., to ALWAYSCARE BENEFITS, INC., a foreign third party administrator. The home office is BATON ROUGE, LOUISIANA.

Application to change the name of CITISTREET ASSOCIATES OF TEXAS, INC., to METLIFE ASSOCIATES OF TEXAS, INC., a domestic third party administrator. The home office is IRVING, TEXAS.

Application to change the name of ADVANCEPCS HEALTH, L.P., to CAREMARKPCS HEALTH, L.P., a foreign third party administrator. The home office is WILMINGTON, 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-200603281

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: June 14, 2006

1.0 Name and Style of Game.

A. The name of Instant Game No. 687 is "$50,000 PAYDAY". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 687 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 687.

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: $5.00, $10.00, $15.00, $25.00, $50.00, $100, $500, $5,000, $50,000, 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, MONEY STACK SYMBOL and COIN SYMBOL.

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

Notice is given to the public of an application filed on June 9, 2006, with the Public Utility Commission of Texas, for an amendment to a certificated service area boundary in Wilson County, Texas.

Docket Style and Number: Application of AT&T Texas to Amend Certificate of Convenience and Necessity to Modify the Service Area Boundaries of the Elmendorf Zone (San Antonio) and the Floresville Exchange (Verizon); Docket Number 32805.

The Application: The minor boundary amendment is being filed to realign the boundary between AT&T Texas's Elmendorf Zone of the San Antonio metropolitan exchange and Verizon's Floresville exchange to allow AT&T to provide local exchange telephone service to a proposed new subdivision. The proposed boundary amendment will transfer a small portion of territory from Verizon to AT&T Texas. Verizon has provided a letter of concurrence endorsing this proposed change.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by June 30, 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 32805.

TRD-200603235

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 13, 2006

On June 8, 2006, Trans Texas Technologies filed an application with the Public Utility Commission of Texas (Commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60435. Applicant intends to reflect a change in its service area to include the entire State of Texas.

The Application: Application of Trans Texas Technologies for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 32798.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than June 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 32798.

TRD-200603238

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 13, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on June 6, 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 (East Bank Subdivision); Docket Number 32790.

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 Ron Valentin requesting BPUB to provide electric utility service to a proposed 100.33 acre subdivision located in northwest Brownsville. The estimated cost to BPUB to provide service to this proposed area is $434,041.66. 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 June 30, 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 32790.

TRD-200603236

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 13, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a petition on June 6, 2006, for waiver of denial by the North American Numbering Plan Administration (NANPA) Pooling Administrator (PA) of Time Warner Telecom of Texas, L.P.'s (TWTC) request for an additional thousands block in the Georgetown, Texas rate center.

Docket Title and Number: Petition of Time Warner Telecom of Texas, L.P. for State Waiver to Obtain an Individual Growth Block from Pooling Administrator. Docket Number 32792.

The Application: TWTC requested an additional thousands block to allow it to have the ability to offer local two-way calling and extended metro service in the Georgetown, Texas rate center.

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 June 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 32792.

TRD-200603101

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 8, 2006

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

Airport Sponsor: City of Edinburg, Edinburg International Airport. TxDOT CSJ No.:06HGEDINB. Scope: Provide engineering/design services for site development and associated appurtenances for a pre-engineered metal aircraft hangar building system at the Edinburg International airport.

The DBE goal is set at 0%. TxDOT Project Manager is Megan Caffall.

To assist in your proposal preparation, the most recent Airport Layout Plan, 5010 drawing, and project narrative are available online at www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting "Edinburg International Airport."

Interested firms shall utilize the latest version of Form AVN-550, titled "Aviation Engineering Services Proposal." The form may be requested from TxDOT Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be e-mailed by request or downloaded from the TxDOT website, URL address http://www.dot.state.tx.us/avn/avn550.doc . The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed above. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is an MS Word Template.

Please note:

Eight completed, unfolded copies of Form AVN-550 must be received by TxDOT, Aviation at 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than Monday, July 17, 2006, at 4:00 p.m. Electronic facsimiles or forms sent by e-mail will not be accepted. Please mark the envelope of the forms to the attention of Amy Slaughter.

The Consultant Selection Committee (committee) will be composed of local government members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluating engineering proposals can be found at http://www.dot.state.tx.us/services/aviation/consultant.htm . All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.

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

TRD-200603260

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: June 14, 2006

REGARDING THE DEVELOPMENT AND IMPLEMENTATION OF THE COMPREHENSIVE DEVELOPMENT AGREEMENT PROCUREMENT PROCESS

The Texas Department of Transportation ("TxDOT") is seeking information to assist in developing and implementing its Comprehensive Development Agreement ("CDA") procurement process. This Request for Information ("RFI") is issued solely to obtain information to assist TxDOT on an administrative level. It does not constitute a Request for Qualifications ("RFQ"), a Request for Proposals ("RFP"), or other solicitation document; nor does it represent an intention to issue an RFQ or an RFP in the future. This RFI does not commit TxDOT to contract for any supply or service whatsoever. TxDOT will not pay for any information or administrative cost incurred in response to this RFI. Responses to this RFI are due by noon, Central Daylight Time, on July 3, 2006. See Sections 3 and 4 for further information.

1. OVERVIEW

TxDOT has initiated an aggressive CDA program - working with the private sector to meet the transportation needs of the State of Texas for generations to come. A critical element of the program is the procurement process utilized to solicit proposals and select preferred partners. A sound framework for procurement will enable TxDOT to meet its objectives and provide a stable, predictable deal flow for the market over the next several years.

While TxDOT is committed to doing what is in the best interests of the taxpayers and traveling public, we strive to create a pro-business environment as well, by capturing private sector innovation in ways that are prudent. TxDOT places great importance on developing efficient, effective and transparent procurement processes. As the pace of development picks up, TxDOT wishes to engage the market to solicit feedback on our current approach and identify opportunities for improvement - building upon the lessons learned from what has proved successful in public-private partnership transactions in the United States and around the world.

By responding to this RFI, you can provide valuable input and help shape the framework for competition in Texas.

Currently, the procurement process for a "typical" CDA competition, for a project that has already reached or is near environmental clearance, consists of the key stages set forth in the following chart.

PURPOSE

The Texas Water Development Board (the "Board") seeks proposals in response to this Request for Qualifications ("RFQ") from firms with the qualifications and experience to provide arbitrage compliance and related services as required to ensure compliance with Internal Revenue Code section 148 and Treasury regulations promulgated therein ("Section 148").

It is the policy of the Board to make a good faith effort to include participation by Historically Underutilized Businesses (HUBs) in its contracts. HUB certified firms are for-profit business entities that are certified by the Texas General Services Commission, in accordance with that agency's rules found in Title I Texas Administrative Code §§111.11 - 111.28. HUBs and other minority and women-owned businesses capable of performing the scope of services described in this RFP are encouraged to respond.

TERM OF AGREEMENT

The contract term is to be for a two year period from September 1, 2006 to August 31, 2008, renewable, at the Board's option, for up to five years. The Board will provide notice of its decision to renew 30 days before the end of the then current contract term. The Board retains the right to negotiate all elements of the contract, including fees for renewal terms, if the renewal option is exercised. The Board also retains the right to terminate the contract for any reason and at any time upon the payment of then earned fees and expenses.

GENERAL INSTRUCTIONS

A brief transmittal letter may accompany each proposal, which summarizes the proposal's key points and must be signed by an authorized representative who is responsible for committing the firm's resources. There is a 20-page limit including attachments and the submitted proposal must be in hard copy (no fax or email). The minimum font size must be 12 point or larger. Please restate the question at the beginning of each response and provide a separate section for that response, or indicate why no response is given.

No joint proposals should be submitted. No oral interviews are expected to be conducted. It is the expressed desire of the Board Members that arbitrage compliance service providers refrain from any contact or communication with members of the Board, key staff and our Financial Advisor or the undersigned regarding this RFQ until the selection process is completed.

It is anticipated that the arbitrage service provider will be selected at the Board meeting on Tuesday, August 15, 2006. Responses are due on Monday, July 10, 2006 by 12:00 Noon. Six (6) copies of the proposal should be delivered as follows:

Texas Water Development Board

Stephen F. Austin Bldg.

1700 N. Congress Avenue, Room 516

Austin, Texas 78701

Attention: Ms. Veronica Hinojosa-Segura

Director, Debt & Portfolio Management

SCOPE OF SERVICES

1. Perform all required calculations including a calculation of arbitrage liability not less than annually for each issue of outstanding debt (the Board currently has 31 issues that require arbitrage calculations), and not less than semi-annually for the issues with a penalty election.

2. Create and maintain records necessary to determine arbitrage liability, if any, on outstanding obligations of the Board.

3. Review reports of investment and expenditure of bond proceeds, within the meaning of Section 148, as necessary to ensure compliance with Section 148.

4. Assist the Board in preparing or causing to be prepared any schedules, reports, or records necessary to perform or support a calculation of arbitrage liability.

5. Provide the Board a report of the calculations of arbitrage liability within 60 days after the end of each State's fiscal year.

6. Prepare transmittals and forms necessary to report and pay arbitrage liability on time.

7. Provide advice and recommendation as the Board may request concerning unique or extraordinary compliance issues that may arise from time to time.

FORM OF RESPONSE

1. Overview of the Firm

Provide a description of the firm, including general experience and history with arbitrage compliance, date founded, number of offices, location and number of professionals and employees in each office, total number of employees and professionals in the firm, description of practice areas in addition to arbitrage compliance services and firm philosophy. Indicate which office(s) perform arbitrage compliance work and will be responsible for day-to-day contact with the Board. Describe structure of firm ownership (e.g., publicly held corporation, partnership, etc.) and any parents, affiliates, or subsidiaries of the firm.

2. Qualifications

A. List the experience of the firm and/or the professionals proposed to be assigned to the Board in providing arbitrage compliance services. Responses to this question should identify the client by name and state the number of bond issues covered by your retention. Also provide the type of bond issue(s) involved the par amount of the bonds, or other information relevant to establishing your firm's experience and expertise.

B. Please describe your experience, if any, in assisting a client with an audit or other regulatory proceedings related to the services solicited by this RFQ.

3. Other Services

Please describe other services that your firm offers, such as underwriting, financial advisory services, investor relation programs, or investment of bond proceeds. Please describe your experience with such services.

4. Monitoring and Compliance Plan

Describe the steps your firm would take to assume and carry out the responsibilities of the Board's arbitrage compliance provider.

5. Resumes

Provide brief resumes for those individuals who would be assigned to serve the Board. Indicate the individual's years of experience in arbitrage work, public finance, licenses or certification. Specify who would be assigned as the primary contact for the Board.

6. Business Practices

A. Please describe your firm's experience and involvement working with HUB certified firms (if your firm is not HUB certified) or as a HUB certified firm, in providing any professional services to clients or in operating your business.

B. Please describe efforts made by your firm to encourage and develop the participation of minorities and women in your firm's provision of arbitrage compliance and/or other professional services. Complete the table attached as Exhibit B.

7. Conflicts of Interest, Litigation, and Compliance History

A. Please disclose any conflicts of interest. Disclose all contractual or informal business arrangements/agreements, including fee arrangements and consulting agreements between your Firm and the Board, its staff and/or its Board, or any entity that provide services to the Board.

B. Please disclose any material litigation, administrative proceeding, violation of or investigation for, violation of any regulatory agency rules (SEC, MSRB, NASD, NYSE) in which your firm was involved, whether currently ongoing or concluded.

8. References

Provide names, addresses, and phone numbers of at least two references.

9. Fee structure

Provide your fee, by inserting a fee per calculation per issue in the appropriate column on Exhibit A.

PROPOSAL MODIFICATION

Any proposal may be modified or withdrawn at any time prior to the proposal due date. No material changes will be allowed after the expiration of the proposed due date. The Board also reserves the right to make amendments to the RFQ by giving written notice to all firms who receive the RFQ and publishing notice thereof in the Texas Register.

COSTS INCURRED IN RESPONDING

All costs directly or indirectly related to preparation of a response to this RFQ or any oral presentation required to supplement and/or clarify the RFQ which may be required by the Board shall be the sole responsibility of, and shall be borne by, your firm.

BASIS OF AWARD

The Board will make its selection based on demonstrated competence, experience, knowledge and qualifications, as well as the reasonableness of the proposed fee for the mentioned services in Exhibit A.

Firms responding are encouraged to maintain a Texas office staffed with personnel who are responsible for providing services to the Board. By this RFQ, however, the Board has not committed itself to employ an arbitrage compliance consultant. The Board reserves the right to negotiate individual elements of any proposal and to reject any and all proposals.

The Board will not participate in any programs, nor will it conduct business, with any entity that is found to knowingly discriminate against persons on the basis of race, color, gender, age, and national origin, and religion, physical or mental disability.

Policy Studies Inc. (PSI), on behalf of Workforce Solutions Brazos Valley Centers, seeks to procure agreements with one or more eligible vendors to provide temporaries who would perform specific duties related to a variety of workforce center operations.

To be eligible for consideration, vendors will be required to provide services as specified in the Request for Quotes.

Any agreement resulting from this request for quotes will remain in effect through June 16, 2007 and may be renewed annually. Workforce Solutions Brazos Valley or PSI reserves the right to contract with multiple vendors and makes no guarantee that services from your agency will be requested.

Vendors interested in receiving a mailed copy of the Request for Quotes may contact PSI's Employment Manager, Jill Bukowski at (303) 228-9160. Responses must be returned by 5:00 pm CDT on June 28, 2006 to receive consideration.

Issued By

Policy Studies Inc.

1899 Wynkoop Street, Suite 300

Denver, CO 80202

(303) 863-0900

TRD-200603147

Tom Wilkinson

Executive Director

Brazos Valley Council of Governments

Filed: June 12, 2006