Statement of Purpose. The Texas Department of Agriculture (TDA) is issuing this Request for Proposals (RFP) inviting proposals for the development of a quality assurance program for Texas wines. Funding for the development of this program is provided from the Texas Wine Industry Development Fund (WIDF). Section 50B.002 of the Texas Agriculture Code provides that under the direction of TDA and the Commissioner of Agriculture (commissioner), WIDF funds may be used for the development of technologies, strategies, or practices that could benefit the production of grapes and wine in the United States and increasing the economic impact of the Texas wine producing industry.

Additional information on TDA and its marketing programs, including wine, can be found at www.gotexanwine.org and www.agr.state.tx.us.

Eligibility. Funds may be awarded to institutions of higher education or governmental research entities. A proposal may include a request for funding of a project to be conducted by more than one entity.

Objective and Scope of Work. The Texas wine industry is growing at an incredible rate and the need exists to inform the public about the quality of Texas wines. This RFP requests the development of a quality assurance program to create standards by which Texas wines can be acknowledged for meeting specified quality parameters. The program would create a "highest standards" measure to which wineries can score their offerings and winemaking practices. Wineries meeting these standards can then receive acknowledgement of their efforts, providing a way for consumers to quickly determine that quality is assured.

The outcome of this RFP would include, but not be limited to, the following:

1. The development of a set of minimum quality requirements (addressing issues such as production methods and other pertinent quality issues);

2. A structured scoring/grading method and system;

3. Recommendations on ways to encourage buy-in from all levels - wine producers, retailers and restaurateurs;

4. Recommendations on communicating the program to all stakeholders;

5. Recommendations on how the program requirements can be monitored and enforced to ensure that wines claiming the quality designation meet the necessary guidelines;

6. Recommendations on ensuring the program remains flexible and responsive to industry changes;

7. Presentation of the program at a minimum of two Wine Industry Development Advisory Committee meetings; and

8. A final report on the program that includes a short, executive summary (no more than four pages) highlighting the key aspects.

Proposal Limitations. If funding becomes unavailable during the project term and TDA is unable to obtain sufficient funds, the project amount may be reduced or terminated.

Proposal/Funding Revisions. TDA reserves the right to fund proposals partially or fully. Where more than one proposal is acceptable for funding, TDA may request cooperation between grantees or revision/adjustment to a proposal in order to avoid duplication and to realize the maximum benefit to the state.

Submission Requirements. Each proposal must include the following information:

1. A cover sheet with names, titles, addresses, telephone and fax numbers, and email addresses of the principal researchers. Indicate who is designated as the lead point of contact.

2. Identification of the key personnel to be funded and/or involved in operations funded, including information on their experience, such as a brief professional biography and academic background and how it relates to the project for which that key personnel with be associated.

3. Additional information on the submitting entity's unique capabilities and/or resources to complete the tasks outlined in the RFP, any other value-added services that can be offered to further the intent of the outlined tasks, and any additional ideas or input to contribute to the goals of the project.

4. A detailed timeline with dates for specific deliverables. (Note: An initial report of findings must be complete within 60 days of contract award; all project components must be complete within 105 days of contract award.)

5. A detailed, line-item budget that outlines in specific detail costs for staff time, resources and other items.

Reporting Requirements. Operations approved for funding are required to submit the following reports:

1. An initial report of findings must be complete within 60 days of contract award; and

2. A final report on all project components must be complete within 105 days of contract award. Reports must be submitted in a hard copy format and an electronic format on a diskette utilizing Word.

All reports must include an Executive Summary no more than 4 pages long.

General Compliance Information. All awards are subject to the availability of appropriations and authorizations by the Texas Legislature.

Any information or documentation submitted to TDA is subject to disclosure under the Texas Public Information Act.

Awarded projects must remain in full compliance with state and federal laws and regulations or be subject to termination at the discretion of TDA.

Deadline and Submission Information. Proposals should be submitted to Delane Caesar, Senior Policy Advisor for Marketing and Promotion, Texas Department of Agriculture, P. O. Box 12847, Austin, Texas 78711. The street address is 1700 North Congress, 11th Floor, Austin, Texas 78701.

Proposals must be received no later than 5:00 p.m., July 19, 2006 . One original and seven copies must be submitted. Fax copies will not be accepted. Please contact Delane Caesar at (512) 463-7609 or by e-mail at Delane.Caesar@agr.state.tx.us with any questions you may have.

Evaluation and Award Information. All proposals will be subject to evaluation based on the criteria set forth in this RFP. TDA shall not pay for any costs incurred by any entity in responding to this RFP. TDA reserves the right to accept or reject any or all proposals submitted. TDA is under no legal or other obligation to award funds on the basis of this RFP or any other RFP. The Commissioner will make final funding decisions.

Texas Public Information Act. All proposals shall be deemed, once submitted, to be the property of the TDA and are subject to the Texas Public Information Act, Texas Government Code, Chapter 552.

TRD-200603394

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: June 21, 2006

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

Case Title and Court: State of Texas v. City of West Tawakoni , Cause No. GV403120; in the 201st Judicial District Court, Travis County, Texas.

Nature of Defendant's Operations: Defendant operates a wastewater and storm water collection system and a wastewater treatment plant in Hunt County, Texas. During storms, storm water overwhelms the collection system, discharging waste into Lake Tawakoni. Defendant entered an Agreed Order with the Texas Commission on Environmental Quality, which directed the Defendant to upgrade its collection system and to operate the system in compliance with all applicable rules and statutes. Defendant has recently resolved many of the problems and has obtained grant funding to upgrade the collection system. The Defendant has agreed to this judgment.

Proposed Agreed Judgment: The Agreed Final Judgment and Permanent Injunction assesses civil penalties against the Defendant, as well as provides a permanent injunction which orders Defendant to comply with applicable State laws and regulations. Defendant has agreed to pay Plaintiff a civil penalty in the amount of $55,000.00, as well as $25,000.00 in attorney's fees plus all court costs. Of the total amount of civil penalties, $27,500.08 will be deferred and not required to be paid if the Defendant complies with all terms of the Judgment.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment and Permanent Injunction should be reviewed. Requests for copies of the judgment and written comments on the proposed settlement should be directed to Anthony W. Benedict, Assistant Attorney General, Office of the Texas Attorney General, P. O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. 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-200603356

Stacey Schiff

Deputy Attorney General

Office of the Attorney General

Filed: June 19, 2006

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

An application was received from Plus4 Credit Union, Houston, Texas to amend its Articles of Incorporation relating to primary place of business.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200603396

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 21, 2006

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

An application was received from CTECU (#1), Houston, Texas to expand its field of membership. The proposal would permit employees of Chevron Phillips Chemical Company LP, who are paid from The Woodlands, Texas, to be eligible for membership in the credit union.

An application was received from CTECU (#2), Houston, Texas to expand its field of membership. The proposal would permit employees of Chevron Corporation and any affiliates, divisions, or subsidiaries that are located within Texas, to be eligible for membership in the credit union.

An application was received from Members Choice Credit Union, Houston, Texas to expand its field of membership. The proposal would permit persons who worship in and businesses located in its various geographic-based fields of membership, to be eligible for membership in the credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.tcud.state.tx.us/applications.html. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200603395

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 21, 2006

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

Application to Expand Field of Membership--Approved

South Texas Credit Union, Kenedy, Texas--See Texas Register issue dated April 28, 2006 (31 TexReg 3621).

Applications to Expand Field of Membership--Withdrawn

City Credit Union (#2), Dallas, Texas--See Texas Register issue dated May 26, 2006 (31 TexReg 4499).

City Credit Union (#3), Dallas, Texas--See Texas Register issue dated May 26, 2006 (31 TexReg 4499).

Articles of Incorporation--50 Years to Perpetuity--Approved

Union Pacific Employees Credit Union, Beaumont, Texas

Navarro Credit Union, Corsicana, Texas

Texoma Community Credit Union, Wichita Falls, Texas

Paris District Credit Union, Paris, Texas

Houston Highway Credit Union, Houston, Texas

Ada Employees Credit Union, Houston, Texas

Freestone Credit Union, Teague, Texas

Angelina Federal Employees Credit Union, Lufkin, Texas

CTECU, Bellaire, Texas

InvesTex Credit Union, Houston, Texas

TRD-200603397

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 21, 2006

Notices mailed during the period June 20, 2006.

TCEQ Internal Control No. 05302006-D03; Jerry A. Argovitz, Trustee (Petitioner) filed a petition for creation of Fort Bend County Municipal Utility District No. 166 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 TAC Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there are no lien holders on the property to be included in the proposed District; (3) the proposed District will contain approximately 331.9 acres located within Fort Bend County, Texas; and (4) the proposed District is within Fort Bend County, Texas, and no portion of land within the proposed District is within the extraterritorial jurisdiction of any city, town or village in Texas. The petition further states that the proposed District will: (1) purchase, construct, acquire, maintain, and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; (3) control, abate, and amend local storm waters; and (4) purchase, construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created, all as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project; and from the information available at the time, the cost of the project is estimated to be approximately $20,200,000.

TCEQ Internal Control No. 06082006-D05; 760 W Lake Houston Pkwy, Joint Venture (Petitioner) filed a petition for creation of Harris County Municipal Utility District No. 423 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 TAC Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there are no lien holders on the property to be included in the proposed District, (3) the proposed District will contain approximately 369.42 acres located within Harris County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town, or village in Texas. By Ordinance No. 2006-231, effective March 8, 2006, the City of Houston, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) construct, acquire, maintain, and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; (3) control, abate, and amend local storm waters; and (4) construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created, all as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project; and from the information available at the time, the cost of the project is estimated to be approximately $23,400,000.

TCEQ Internal Control No. 04182006-D01; Gary G. Gill, Robyn S. Gill, Boardwalk II, Ltd., and Apartment Acquisitions II, Ltd., (Petitioner) filed a petition for creation of Harris County Municipal Utility District No. 479 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 TAC Chapter 293; and the procedural rule of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there is one lien holder, Prosperity Bank, on the property to be included in the proposed District, and the Petitioner has provided the TCEQ with a certificate evidencing its consent to the creation of the proposed District; (3) the proposed District will contain approximately 207.84 acres of land located in Harris County, Texas; and (4) the proposed District is entirely within the extraterritorial jurisdiction of the City of Houston, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town, or village of the State of Texas. By Ordinance No. 2006-290, effective March 29, 2006, the City of Houston, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) purchase, construct, acquire, maintain, and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) acquire, construct, operate, and maintain a system to gather, conduct, divert, and control local storm water or other local harmful excesses of water within the District; and (3) purchase, acquire, construct, own, lease, extend, improve, operate, maintain, and repair such additional improvements, facilities, plants, equipment, and appliances consistent with the purposes for which the District is organized, all as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project; and from the information available at the time, the cost of the project is estimated to be approximately $15,559,608.

TCEQ Internal Control No. 04272006-D08; KB3, L.C., et al (Petitioners) filed a petition for creation of New Sweden Municipal Utility District No. 2 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 TAC Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioners are the owners of a majority in value of the land to be included in the proposed District; (2) there are two lien holders, Capital Farm Credit, ACA, and Franklin Bank, S.S.B, on the property to be included in the proposed District, and the Petitioners have provided the TCEQ with a certificate evidencing the lien holders' consent to the creation of the proposed District; (3) the proposed District will contain approximately 426 acres located in Travis County, Texas; and (4) no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town, or village in Texas. The petition further states that the proposed District will: (1) purchase, construct, acquire, maintain, and operate a waterworks and sanitary sewer system for municipal, domestic, industrial, and commercial purposes; (2) acquire, construct, operate, and maintain a system to gather, conduct, divert, and control local storm water or other local harmful excesses of water within the District; (3) purchase, acquire, construct, own, lease, extend, improve, operate, maintain, and repair such additional improvements, facilities, plants, equipment, and appliances consistent with the purposes for which the District is organized, all as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project; and from the information available at the time, the cost of the project is estimated to be approximately $74,335,000.

INFORMATION SECTION

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

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

Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P. O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, 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-200603391

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 21, 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 31, 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 31, 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: Adam J. Wood dba Hoover Valley Country Store; DOCKET NUMBER: 2005-1188-PST-E; TCEQ ID NUMBER: RN101383073; LOCATION: 7203 Park Road 4 West, Burnet, Burnet County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: Failure to provide a method of release detection capable of detecting a release from any portion of the underground storage tank (UST) system which contained regulated substances including the tanks, piping, and other underground ancillary equipment, in violation of 30 TAC §334.50(a)(1)(A) and TWC, §26.3475(a) and (c)(1); failed to conduct effective manual or automatic inventory control procedures for all USTs involved in the retail sale of petroleum substances used as a motor fuel, in violation of 30 TAC §334.48(c); failed to notify the commission within 30 days from the date of the occurrence of any change or addition to the UST system, in violation of 30 TAC §334.7(d)(3). failed to submit to the agency a completed UST registration and self-certification form in a timely manner, in violation of 30 TAC §334.8(c)(4)(A)(vi) and (c)(4)(B); failed 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, in violation of 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a); PENALTY: $12,330; 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.

(2) COMPANY: Alfred Howard Smith; DOCKET NUMBER: 2005-1220-LII-E; TCEQ ID NUMBER: RN103259586; LOCATION: 5300 and 5304 Maple Court, Flower Mound, Denton County, Texas; TYPE OF FACILITY: landscape irrigation systems; RULES VIOLATED: Failure to obtain an irrigator license prior to advertising or representing to the public to be a holder of an irrigator license, and failed to obtain an irrigator license prior to selling, designing, consulting, installing, maintaining, altering, repairing, or servicing irrigation systems at the sites, in violation of 30 TAC §30.5(a) and (b) and §344.4(a), and Texas Occupations Code, §1903.251; used or attempted to use the license of someone else who is a licensed irrigator, in violation of 30 TAC §344.58(b); PENALTY: $6,250; 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.

(3) COMPANY: Blas Compean dba The Wright Stop; DOCKET NUMBER: 2004-2077-AIR-E; TCEQ ID NUMBER: RN100814524; LOCATION: 3600 Montana Avenue, El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §114.100(a) and Texas Health and Safety Code (THSC), §382.085(b), by offering for sale gasoline for use as motor vehicle fuel in El Paso County with an oxygen content lower than 2.7% by weight; PENALTY: $1,040; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(4) COMPANY: Henk Post dba Henk Post Farm; DOCKET NUMBER: 2005-1743-MLM-E; TCEQ ID NUMBER: RN103777298; LOCATION: approximately 0.6 miles north of the intersection of County Roads 3110 and 3090, near Mount Vernon, Franklin County, Texas; TYPE OF FACILITY: composting operation; RULES VIOLATED: Failure to properly dispose of municipal solid waste, in violation of 30 TAC §330.5(c); failed to prevent nuisance conditions at the site, in violation of 30 TAC §101.4 and THSC, §382.085(b); failed to comply with the General Prohibition requirements concerning outdoor burning, in violation of 30 TAC §111.201 and THSC, §382.085(b); PENALTY: $14,300; STAFF ATTORNEY: Shawn Slack, Litigation Division, MC 175, (512) 239-0063; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(5) COMPANY: Imthkn Acquisitions, LLC; DOCKET NUMBER: 2005-1699-IHW-E; TCEQ ID NUMBER: RN100595180; LOCATION: 801 Lee Street, Irving, Dallas County, Texas; TYPE OF FACILITY: inactive paint manufacturing plant; RULES VIOLATED: Failure to obtain a permit for the storage of industrial solid and hazardous wastes, in violation of 30 TAC §335.2(a); failed to prevent the discharge or imminent threat of discharge of industrial solid and hazardous wastes into or adjacent to the waters of the state, in violation of 30 TAC §335.4 and TWC, §26.121(a); failed to conduct a hazardous waste determination and waste classification in violation of 30 TAC §335.62 and 40 Code of Federal Regulations (CFR) §262.11; failed to ensure that each container is labeled with the words, "Hazardous Waste" or with other words that identify the contents of the container in violation of 30 TAC §335.69(f)(4) and 40 CFR §262.34; failed to maintain required aisle space in violation of 30 TAC §335.69(f)(4) and 40 CFR §262.35; PENALTY: $15,750; STAFF ATTORNEY: Mark Curnutt, Litigation Division, MC 175, (512) 239-0624; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: James R. Maib dba Coleto Water Company, Inc. dba H2O Systems Plus, Inc.; DOCKET NUMBER: 2005-1383-PWS-E; TCEQ ID NUMBER: RN102683562; LOCATION: eight miles west of Victoria, off Highway 59 at the Shady Oaks Subdivision, Victoria County, Texas; TYPE OF FACILITY: public water supply system; RULES VIOLATED: Failure to collect routine water samples for bacteriological analysis and failed to post a public notification of the monitoring violations for the months of August, October, November, and December 2003, January, February, July, and December 2004 and January 2005, in violation of 30 TAC §290.109(c)(2)(A)(ii) and §290.122(c)(2)(A) and THSC, §341.033(d); failed to pay public health service fees for TCEQ Financial Administration Account No. 92350036 for Fiscal Years 2003, 2004, and 2005, in violation of 30 TAC §290.51(a)(3) and TWC, §5.702; PENALTY: $3,195; STAFF ATTORNEY: Shana Horton, Litigation Division, MC 175, (512) 239-1088; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(7) COMPANY: Kent F. Baltzell dba Oak Hill Acres Mobile Home Subdivision; DOCKET NUMBER: 2005-1861-PWS-E; TCEQ ID NUMBER: RN10223865; LOCATION: 29042 Blueberry Drive, Boerne, Bexar County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: Failure to collect and submit routine bacteriological samples once per month and provide public notice of the failure to comply for the months of April, October, November, and December 2003, and January, March, April, May, October, and December 2004, in violation of 30 TAC §290.109(c)(2)(A)(ii) and §290.122(c)(2)(A); PENALTY: $4,125; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(8) COMPANY: Maria E. Warren dba Peppers Pit Stop; DOCKET NUMBER: 2004-0515-PST-E; TCEQ ID NUMBER: RN101435410; LOCATION: the northwest corner of Highway 175 and Highway 59, Montague, Montague County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: Failure to inspect and test the cathodic protection system for operability and adequacy of protection at least once every three years and failed to inspect the impressed current cathodic protection system at least once every 60 days to ensure that the rectifier and other system components are operating properly, in violation of 30 TAC §334.49(c)(4) and §334.49(c)(2)(C), and TWC, §26.3475; failed 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, in violation of 30 TAC §37.815(a) and (b); failed to monitor for releases from the facility's UST system at least once per month (not to exceed 35 days between each monitoring) by using one or more of the release detection methods described in 30 TAC §334.50, in violation of 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1); failed to ensure that a legible tag, label, or marking is permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point near the fill tube that corresponds to the UST identification number listed on the registration and self-certification form, in violation of 30 TAC §334.8(c)(5)(C); failed to conduct effective inventory control procedures for all UST systems at a retail service station; failed to pay a late fee of $7.50 for UST annual facility fee, TCEQ Financial Administration Account No. 0058667U, in violation of 30 TAC §334.22(a) and (b); PENALTY: $19,000; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(9) COMPANY: Naide Enterprises, Inc. dba Big Star Mart; DOCKET NUMBER: 2005-1562-PST-E; TCEQ ID NUMBER: RN102352788; LOCATION: 2803 Vance Jackson Road, San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: Failure to post the facility's delivery certificate in a location clearly visible at all times, in violation of 30 TAC §334.8(c)(5)(A)(iii); failed to ensure that a legible tag, label, or marking with the tank number was permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point in the immediate area of the fill tube on each regulated UST at the facility, in violation of 30 TAC §334.8(c)(5)(C); failed to notify the commission within 30 days from the date of the occurrence of any change or addition to the UST system, in violation of 30 TAC §334.7(d)(3); failed to provide corrosion protection for the UST system at the facility, in violation of 30 TAC §334.49(a) and TWC, §26.3475(d); failed to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring), in violation of 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1); failed to equip each tank with a valve or other appropriate device designed to either automatically shut off or restrict the flow of regulated substances into the tanks when the liquid level in the tanks reach a preset level, in violation of 30 TAC §334.51(b)(2)(C) and TWC, §26.3475(c)(2); failed to demonstrate current 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, in violation of 30 TAC §37.815(a) and (b); PENALTY: $11,550; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(10) COMPANY: Poalson Investments, L.L.C.; DOCKET NUMBER: 2005-1766-PWS-E; TCEQ ID NUMBER: RN101232056; LOCATION: 4319 Hazy Hills Drive, Spicewood, Travis County, Texas; TYPE OF FACILITY: public water supply facility; RULES VIOLATED: Failure to collect routine bacteriological samples at a frequency based on the population served by the system and failed to notify persons served by the system, in violation of 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B) and THSC, §341.033(d); failed to collect additional routine samples following a coliform-positive month, i.e., March 2005, and failed to notify persons served by the system, in violation of 30 TAC §290.109(c)(2)(F) and §290.122(c)(2)(B); failed to collect repeat samples following a coliform-positive month, i.e., February 2005, and failed to notify persons served by the system, in violation of 30 TAC §290.109(c)(3)(A)(ii) and §290.122(c)(2)(B); failed to pay public health service fees, including late fees, for TCEQ FA Account No. 0092270272 for Fiscal Years 2002, 2003, 2004, and 2005, in violation of 30 TAC §290.51(a)(3) and TWC, §5.702; PENALTY: $4,800; STAFF ATTORNEY: Shawn Slack, Litigation Division, MC 175, (512) 239-0063; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(11) COMPANY: Sadruddin & Sons, Inc. dba Churchill Grocery; DOCKET NUMBER: 2005-1291-PWS-E; TCEQ ID NUMBER: RN101906204; LOCATION: 4128 Farm-to-Market Road 2611, Brazoria County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: Failure to collect routine water samples for bacteriological analysis for the months of April, September, and December 2003, February, May, June, July, August, and December 2004, and January 2005, in violation of 30 TAC §290.109(c)(2)(A)(i) and THSC, §341.033(d); failed to post a public notification for the months of August and December of 2004 and January 2005, as documented during the TCEQ central office record review investigation conducted on February 1, 2005, in violation of 30 TAC §290.122(c)(2)(B); PENALTY: $3,225; STAFF ATTORNEY: Mark Curnutt, Litigation Division, MC 175, (512) 239-0624; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200603406

Mary Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 21, 2006

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 31, 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 31, 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: Benbrook L.L.C. dba Benbrook Village Mobile Home Park Wastewater Treatment Facility; DOCKET NUMBER: 2005-1337-MWD-E; TCEQ ID NUMBER: RN102963238; LOCATION: approximately 0.5 miles south of the intersection of United States Highway 377 and Farm-to-Market Road 1187, approximately 16 miles southwest of Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1); Texas Pollutant Discharge Elimination System (TPDES) Permit No.12723001 Effluent Limitations and Monitoring Requirements Nos. 1, 2, and 6; and TWC, §26.121(a) by failing to comply with the permitted effluent limits from January 2004 to August 2004; 30 TAC §305.125(17) and TPDES Permit No.12723001 Monitoring and Reporting Requirements No. 1 by failing to submit monitoring results at the intervals specified in the permit; 30 TAC §305.125(17) and TPDES Permit No.12723001 Monitoring and Reporting Requirements No. 1 by failing to submit monitoring results at the intervals specified in the permit; 30 TAC §290.51(a)(3) and TWC, §5.702 by failing to pay the public health service late fees for Account No. 9220293, which were due on January 10, 2005; PENALTY: $6,552; STAFF ATTORNEY: Deanna Sigman, Litigation Division, MC 175, (512) 239-0619; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Bluff Springs Food Mart, Inc. dba Mr. MC's Grocery & Market; DOCKET NUMBER: 2005-0403-PST-E; TCEQ ID NUMBERS: 24730 and RN101492379; LOCATION: 2109 Holly Street, Austin, Travis County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(2)(C) and TWC, §26.3475(d) by failing to ensure that the rectifier (impressed current system) and other system components were operating properly by inspecting the rectifier and components at least once every 60 days; 30 TAC §37.815(a) and (b) by failing to demonstrate 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 underground storage tanks (USTs); 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1) by failing to have release detection for the UST system. Specifically, Bluff Springs failed to monitor its USTs for releases at least once per month (not to exceed 35 days between each monitoring); 30 TAC §334.48(c) by failing to conduct inventory control for all of the facility's USTs involved in the retail sale of petroleum substances used as a motor fuel; 30 TAC §334.7(d)(3) by failing to amend, update, or change the UST registration and self-certification information; 30 TAC §334.8(c)(5)(B)(ii) by failing to renew a fuel delivery certificate by timely and proper submission of a new UST Storage Tank Registration and Self-Certification Form to the TCEQ; 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 fuel delivery certificate before delivery of a regulated substance into the USTs; PENALTY: $16,100; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(3) COMPANY: City of Quinlan; DOCKET NUMBER: 2004-0867-MWD-E; TCEQ ID NUMBER: RN101917565; LOCATION: approximately 2,100 feet southwest of the intersection of State Highway 276 and State Business Highway 34, Quinlan, Hunt County, Texas; TYPE OF FACILITY: municipal wastewater discharge system; RULES VIOLATED: Failure to prevent unauthorized discharges from its collection system, in violation of TPDES Permit No. 13725-001, Permit Conditions Nos. 2(d) and 2(g) and 30 TAC §305.125(1) and §305.535(c)(1); failed to conduct tests and maintain associated records, in violation of 30 TAC §§305.125(1), 319.7(a), and 319.11 and TPDES Permit No. 13725-001, Monitoring and Reporting Requirements No. 3(c); failed to provide discharge and effluent noncompliance notification, in violation of TPDES Permit No. 13725-001, Monitoring and Reporting Requirements No. 7 and 30 TAC §305.125(1); failed to employ an operator with the proper certification level to operate the facility, in violation of TPDES Permit No. 13725-001, Other Requirements No. 1 and 30 TAC §30.350(i); failed to ensure that the facility and all of its systems of collection, treatment, and disposal were properly operated and maintained at all times, in violation of 30 TAC §§305.125(1) and (5), 317.3, and 317.4(a)(5) and (d) and TPDES Permit No. 13725-001, Operational Requirements Nos. 1 and 4; failed to conduct tests and maintain associated records, in violation of 30 TAC §§305.125(1), 319.6, 319.7(a), 319.9, and 319.11 and TPDES Permit No. 13725-001, Monitoring and Reporting Requirements No. 2; failed to ensure that liquid paint filter tests for sludge disposed of in a municipal landfill were recorded, in violation of 30 TAC §305.125(1) and TPDES Permit No. 13725-001, Permit Sludge Provisions No. III.F.(1); failed to comply with the permitted effluent limits for biological oxygen demand (BOD) and total suspended solids (TSS), in violation of TPDES Permit No. 13725-001, Effluent Limitations and Monitoring Requirements No. 1, TWC, §26.121(a), and 30 TAC §305.125(1); failed to comply with the total chlorine residual permitted effluent limitation, in violation of TPDES Permit No. 13725-001, Effluent Limitations and Monitoring Requirements No. 2, TWC, §26.121(a), and 30 TAC §305.125(1); failed to comply with the minimum default order (DO) permitted effluent limitation, in violation of TPDES Permit No. 13725-001, Effluent Limitations and Monitoring Requirements No. 6, TWC, §26.121(a), and 30 TAC §305.125(1); failed to provide an adequate backflow prevention device and the annual device test report, in violation of 30 TAC §317.4(a)(8) and TPDES Permit No. 13725-001, Permit Condition No. 2.a; PENALTY: $31,950; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: CSA Limited, Inc.; DOCKET NUMBER: 2005-0916-IWD-E; TCEQ ID NUMBERS: 04084 and RN102095882; LOCATION: 16212 State Highway 249, Houston, Harris County, Texas; TYPE OF FACILITY: industrial wastewater treatment system; RULES VIOLATED: TWC, §26.121(a) and 30 TAC §305.125(1) by failing to comply with permitted effluent limits; PENALTY: $3,000; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Golden Horn Corporation dba Cat Corner; DOCKET NUMBER: 2005-0271-PST-E; TCEQ ID NUMBER: RN101765188; LOCATION: 101 East Walker Street, League City, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.48(c) by failing conduct effective manual or automatic inventory control procedures for the UST systems; 30 TAC §334.8(c)(5)(A)(iii) by failing to ensure that a valid, current delivery certificate was posted at the facility; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a) by failing to make available to a common carrier a valid, current TCEQ delivery certificate before delivery of a regulated substance; PENALTY: $6,300; 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.

(6) COMPANY: Hazrat Syed; DOCKET NUMBER: 2005-1374-PST-E; TCEQ ID NUMBER: RN101377984; LOCATION: 2 East Fayle Street, Baytown, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.245(2) and Texas Health and Safety Code (THSC), §382.085(b) by failing to verify proper operation of Stage II equipment at least once every 12 months or upon major system replacement or modification; 30 TAC §334.51(b)(2)(C) and TWC, §26.3475(c)(2) by failing to install overfill prevention equipment on each UST; 30 TAC §115.242(3)(A) and THSC, §382.085(b) by failing to provide and maintain the Stage II Vapor Recovery System in proper operating condition and free of defects; 30 TAC §334.10(b) by failing to have required UST records maintained, readily accessible, and available for inspection upon request by a representative of the TCEQ; PENALTY: $5,750; 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.

(7) COMPANY: Hung Tran dba Corner Stop Food Mart; DOCKET NUMBER: 2005-0141-PST-E; TCEQ ID NUMBERS: 35272 and RN101446664; LOCATION: 409 South Brooks Street, Brazoria, 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; PENALTY: $1,600; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8) COMPANY: N.T. Petroleum-Bedford, LLC dba Bedford Chevron; DOCKET NUMBER: 2005-1403-PST-E; TCEQ ID NUMBERS: 69212 and RN101545705; LOCATION: 3800 Cheek Sparger Road, Bedford, 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 on or about January 2, 2004, 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: $2,910; STAFF ATTORNEY: Shawn Slack, Litigation Division, MC 175, (512) 239-0063; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(9) COMPANY: Pirafzal Corporation dba Star Stop 4; DOCKET NUMBER: 2005-1690-PST-E; TCEQ ID NUMBER: RN101734952; LOCATION: 1805 Texas Avenue, Bridge City, Orange 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: $2,400; STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175, (512) 239-0078; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(10) COMPANY: Plain-O-Gas, Inc. dba Fina; DOCKET NUMBER: 2005-1646-PST-E; TCEQ ID NUMBER: RN101542512; LOCATION: 1421 North Central Expressway, Plano, Collin 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 storage tanks; PENALTY: $4,200; STAFF ATTORNEY: Deanna Sigman, Litigation Division, MC 175, (512) 239-0619; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: RCF Investments Inc.; DOCKET NUMBER: 2005-1206-PST-E; TCEQ ID NUMBER: RN101555282; LOCATION: 7458 West Interstate 20, Weatherford, Parker County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $2,850; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: Robert Wilson dba Brenham South Mobile Home Park; DOCKET NUMBER: 2004-1387-PWS-E; TCEQ ID NUMBER: RN101202232; LOCATION: 300 Bilski Lane, off of State Highway 36, approximately 3.6 miles south of United States Highway 290, Brenham, Washington County, Texas; TYPE OF FACILITY: public water supply facility; RULES VIOLATED: 30 TAC §290.110(b)(4), by failing to maintain the residual disinfectant concentration within the farthest reaches of the distribution system at a minimum of 0.2 milligrams per liter free chlorine as required; 30 TAC §290.42(e)(5), by failing to properly seal the hypochlorination solution container to prevent the entrance of dust, insects, and other contaminants; 30 TAC §290.46(i), by failing to provide a plumbing ordinance or service agreement; 30 TAC §290.41(c)(1)(F), by failing to have the required sanitary control easement covering all property within 150 feet of the well; 30 TAC §290.46(h), by failing to have calcium hypochlorite; 30 TAC §290.46(t), by failing to post a legible sign at the water plant; 30 TAC §290.46(m), by failing to initiate a maintenance program to ensure the reliability and general appearance of all regulated facilities and reduce costly repairs due to a lack of proper maintenance; 30 TAC §290.42(m), by failing to provide each water treatment plant and all appurtenances with an intruder-resistant fence in order to protect the well and pressure tank; 30 TAC §290.46(f)(2), by failing to make water system records accessible for review at the time of the investigation; 30 TAC §290.46(m)(4), by failing to maintain the pressure tank and related piping in a watertight condition; 30 TAC §290.45(b)(1)(A)(i), by failing to provide adequate well production capacity of 1.5 gallons per minute (GPM) per connection; 30 TAC §290.45(b)(1)(A)(ii), by failing to provide adequate pressure tank capacity of 50 gallons per connection; 30 TAC §290.42(1), by failing to provide a plant operation manual; 30 TAC §290.121(a), by failing to maintain adequate up-to-date chemical and microbiological monitoring plan; 30 TAC §290.51(a)(3), and TWC, §5.702, by failing to pay the Public Health Service fee for Fiscal Year 2004, for Financial Administration Account Number 92390047; PENALTY: $2,096; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(13) COMPANY: Sabina Petrochemicals LLC; DOCKET NUMBER: 2005-0456-AIR-E; TCEQ ID NUMBER: RN100216977; LOCATION: 2700 Highway 366, Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: petrochemical manufacturing plant; RULES VIOLATED: 30 TAC §101.20(3), and §116.115(b)(2)(F) and (c); Permit No. 41945/ PSD-TX-950/N 018; and THSC, §382.085(b), by failing to maintain a volatile organic compound (VOC) emission rate below the allowable limit for the High Pressure Flare (EPN P-7, Incident No. 38454); 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c); and Permit No. 41945/ PSD-TX-950/N-018, Special Condition No. 1; and THSC, §382.085(b), by failing to maintain a VOC emission rate below the allowable emission limit for the Low Pressure Flare (EPN P-6, Incident No. 39496); 30 TAC §101.2(3) and §116.115(b)(2)(F) and (c); Permit No. 41945/PSD-TX-950/N-018, Special Condition No. 1; and THSC, §382.085(b), by failing to maintain an emission rate below the allowable emission limits for the Low Pressure Flare (EPN P-6, Incident No. 39497); 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c); Permit No. 41945/PSD-TX-950/N-018, Special Condition No. 1; and THSC, §382.085(b), for failure to maintain an emission rate below the allowable emission limits from the Flow Valve at the Crude C4 Line in the C4 Complex (Incident 47680); 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c); Permit No. 41945/PSD-TX-950/N-018, Special Condition No.1; and THSC, §382.085(b), for failure to maintain an emission rate below the allowable emission limits from the High Pressure Flare (EPN P-7, Incident 38856); 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c); Permit No. 41945/PSD-TX-950/N-018, Special Condition No. 1; and THSC, §382.085(b), for failure to maintain an emission rate below the allowable emission limits from the High Pressure Flare (EPN P-7, Incident 38862); 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c); Permit No. 41945/PSD-TX-950/N-018, Special Condition No. 1; and THSC, §382.085(b), for failure to maintain an emission rate below the allowable emission limits from the Low Pressure Flare (EPN P-6, Incident 38857); 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c); Permit No. 41945/PSD-TX-950/N-018, Special Condition No. 1; and THSC, §382.085(b), for failure to maintain an emission rate below the allowable emission limits from the Low Pressure Flare (EPN P-6, Incident 38858); 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c); Permit No. 41945/PSD-TX-950/N-018, Special Condition No. 1; and THSC, §382.085(b), for failure to maintain an emission rate below the allowable emission limits from the Low Pressure Flare (EPN P-6, Incident 38860); 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c); Permit No. 41945/PSD-TX-950/N-018, Special Condition No. 1; and THSC, §382.085(b), for failure to maintain an emission rate below the allowable emission limits from the Low Pressure Flare (EPN P-6, Incident 38861); 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c); Permit No. 41945/PSD-TX-950/N-018, Special Condition No. 1, and THSC, §382.085(b) for failure to maintain an emission rate below the allowable emission limits from the Low Pressure Flare (EPN P-6, Incident 43641); 30 TAC §101.20(3) and §116.115(b)(2)(F) and (C); Permit No. 41945/PSD-TX-950/N-018, Special Condition No. 1; and THSC, §382.085(b), for failure to maintain an emission rate below the allowable emission limits from the Low Pressure Flare (EPN P-6, Incident 43644); 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c); Permit No. 41945/PSD-TX-950/N-018, Special Condition No. 1; and THSC, §382.085(b), for failure to maintain an emission rate below the allowable emission limits from the Low Pressure Flare (EPN P-6, Incident 43650); 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c); Permit No. 41945/PSD-TX-950/N-018, Special Condition No. 1; and THSC, §382.085(b), for failure to maintain an emission rate below the allowable emission limits from the High Pressure Flare (EPN P-7, Incident 56391); 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c); Permit No. 41945/PSD-TX-950/N-018, Special Condition No. 1; and THSC, §382.085(b), for failure to maintain an emission rate below the allowable emission limits from the High Pressure Flare (EPN P-7, Incident 56392); PENALTY: $33,275; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(14) COMPANY: Silverlake Church; DOCKET NUMBER: 2005-1682-PWS-E; TCEQ ID NUMBER: RN101244986; LOCATION: Pearland, Brazoria County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: failed to collect routine water samples for bacteriological analysis and failed to post a public notification, in violation of 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B) and THSC, §341.033(d); PENALTY: $2,398; 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.

(15) COMPANY: Texas H2O, Inc. dba Canyon Creek Addition; DOCKET NUMBER: 2004-0900-PWS-E; TCEQ ID NUMBER: RN101213411; LOCATION: 2406 Christine Drive, Granbury, Hood County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.46(m) by failing to maintain the facility in a manner so as to prevent conditions that might cause the contamination of the water system; 30 TAC §290.41(c)(1)(F) by failing to have a sanitary control easement covering land within 150 feet of Well. No. 1 (G110070A) and Well. No. 2 (G1110070B); 30 TAC §290.46(f)(3)(E) by failing to maintain Customer Service Inspection reports; 30 TAC §290.109(c)(2)(A) and THSC, §341.033(d) by failing to collect the required number of monthly bacteriological samples; 30 TAC §290.45(b)(1)(D)(i) and THSC, §341.0315(c) by failing to meet the TCEQ's Minimum Water System Capacity Requirements; 30 TAC §290.44(f)(2) by failing to maintain the watertight pipe encasement and to provide shut-off valves on each side of a pipe that was crossing the channel of an intermittent stream near Lot 439 on Creek Drive; 30 TAC §290.44(a)(4) by failing to ensure that the top of a waterline, located near Lot 187 off of Caroline Court, was located below the frost line and no less than 24 inches below ground surface; 30 TAC §290.46(e)(2)(A) and THSC, §341.033(a) by failing to obtain the guidance and approval of a licensed water works operator prior to repairing production, treatment, storage, pressure maintenance, or distribution facilities and being placed into service; 30 TAC §291.93(3) and TWC, §13.139(d) by failing to submit to the executive director a planning report that clearly explained how the facility would provide the expected service demands within the boundaries of its certificated area; PENALTY: $4,480; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(16) COMPANY: Tulon Murphy, Jr. dba L & J Grocery Store and Leticia Maria Murphy dba L & J Grocery Store; DOCKET NUMBER: 2005-0209-PST-E; TCEQ ID NUMBER: RN102267234; LOCATION: 1501 North Front Street, Fort Stockton, Pecos 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; TWC, §5.702 and 30 TAC §334.22(a), by failing to pay UST fees for TCEQ Account No. 0058847U for the Fiscal Year 2005 and associated late fees; PENALTY: $2,100; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Midland Regional Office, 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(17) COMPANY: YFZ Land, LLC; DOCKET NUMBER: 2005-1430-MLM-E; TCEQ ID NUMBER: RN104250626; LOCATION: approximately four miles northeast of the intersection of United States Highway 277 and Rudd Road north of Eldorado, Schleicher County, Texas; TYPE OF FACILITY: religious retreat; RULES VIOLATED: 30 TAC §330.5(c) by failing to comply with the general prohibitions involving municipal solid waste; 30 TAC §332.3(a) by failing to comply with the composting requirements; 30 TAC §111.201 and THSC, §382.085(b) by failing to comply with the general prohibitions against outdoor burning; 30 TAC §330.5(a)(1) by failing to properly dispose of municipal solid waste; TWC, §26.121(a)(1) by failing to prevent an unauthorized discharge of wastewater from a wastewater holding tank; 30 TAC §334.51(a)(7) by failing to properly dispose of hydraulic oil; 30 TAC §116.110(a) and THSC, §382.085(b) by failing to obtain authorization prior to construction and operation of a facility that emits air contaminants; PENALTY: $14,140; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

TRD-200603405

Mary Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 21, 2006

The Texas Commission on Environmental Quality (commission) staff is providing an opportunity for written public comment on the listed Shutdown Orders (SOs). Texas Water Code (TWC), §26.3475 authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The commission proposes an SO after the owner or operator of a UST facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection violations documented at the facility. In accordance with TWC, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 31, 2006 . The commission will consider any written comments received; and the commission may withdraw or withhold approval of an SO if a comment discloses facts or considerations that indicate that the consent to the proposed SO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed SO is not required to be published if those changes are made in response to written comments.

Copies of each of the proposed SOs are available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the SO should be sent to the attorney designated for the SO 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 31, 2006 . Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission attorneys are available to discuss the SOs and/or the comment procedure at the listed phone numbers; however, comments on the SOs should be submitted to the commission in writing .

(1) 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: TWC, §26.3475(a) and 30 TAC §334.50(a)(1)(A), by failing to provide proper release detection for the pressurized piping associated with the USTs at the facility; TWC, §26.3475(a) and 30 TAC §334.50(b)(2)(A)(i)(III), by failing to provide proper release detection for the pressurized piping associated with the USTs at the facility; TWC, §26.3475(c)(1) and 30 TAC §334.50(d)(1)(B)(ii), by failing to conduct reconciliation of detailed inventory control records at least once a month for the USTs at the facility; 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.

(2) COMPANY: Naide Enterprises, Inc. dba Big Star Mart; DOCKET NUMBER: 2005-1562-PST-E; TCEQ ID NUMBER: RN102352788; LOCATION: 2803 Vance Jackson Road, San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(5)(A)(iii), by failing to post the facility's delivery certificate in a location clearly visible at all times; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number was permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point in the immediate area of the fill tube on each regulated UST at the facility; 30 TAC §334.7(d)(3), by failing to notify the commission within 30 days from the date of the occurrence of any change or addition to the UST system; 30 TAC §334.49(a) and TWC, §26.3475(d), by failing to provide corrosion protection for the UST system at the facility; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(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); 30 TAC §334.51(b)(2)(C) and TWC, §26.3475(c)(2), by failing to equip each tank with a valve or other appropriate device designed to either automatically shut off or restrict the flow of regulated substances into the tanks when the liquid level in the tanks reaches a preset level; and 30 TAC §37.815(a) and (b), by failing to demonstrate current 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; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(3) COMPANY: Pak Convenience Store, Inc. dba One Stop #15; DOCKET NUMBER: 2005-154-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), by failing to provide proper release detection for the USTs at the facility; 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.

TRD-200603404

Mary Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 21, 2006

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality (commission) on June 16, 2006, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. M & C Enterprises, Inc. fdba Handi Plus 25; SOAH Docket No. 582-06-0335 TCEQ Docket No. 2003-0809-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against M & C Enterprises, Inc. fdba Handi Plus 25 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-200603392

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 21, 2006

The Department of State Health Services (department) is giving notice of the opportunity for public comment on the Fiscal Year 2007 Statewide Substance Abuse Block Grant Plan for continuation of Federal Block Grant Funds at: http://www.dshs.state.tx.us/cpi/saptbg.

Under the authority of the Public Health Service Act (42 USC 300x-21-64), as amended (Title XIX, Part B, Subpart II and Subpart III (for SAPT)), the department is making application to the Substance Abuse and Mental Health Services Administration (SAMHSA) for funds to continue the Substance Abuse Prevention and Treatment Block Grant (SAPT BG) during federal fiscal year (FFY) 2007. Provisions in the Act require the chief executive officer of each state to comply with specific provisions that include furnishing an annual report of current service activities (funds spent), and a description (state plan) of the intended use of block grant funds in advance of each FFY. A proposal of this description is to be made public within each state in such a manner as to facilitate comments.

Information about the SAPT BG and written comments regarding the SAPT BG Intended Use Plan may be submitted to: http://www.dshs.state.tx.us/cpi/saptbg through August 15, 2006 for the purpose of maintaining and enhancing a quality statewide substance abuse service system and highlighting priority issues related to federally funded substance abuse prevention and treatment services statewide.

Public comments received will be considered in the preparation and development of the FFY07 Continuation Application. In September of 2007, the department will prepare and submit to the Governor and federal government the final FFY 2007 Continuation Application, which includes the Intended Use Plan for SAPT Block Grant funds.

Further information about providing comments on the referenced block grant plan may be obtained from Philander Moore at the department's Mental Health and Substance Abuse Services Division: Philander.Moore@dshs.state.tx.us, telephone (512) 206-5933.

Note: Additional instructions and contact information is provided at the individual website upon selection of the appropriate tab for the block grant on which you wish to comment.

TRD-200603409

Cathy Campbell

General Counsel

Department of State Health Services

Filed: June 21, 2006

1.0 Name and Style of Game.

A. The name of Instant Game No. 686 is "TRIPLE WIN". The play style is "key number match with tripler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 686 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 686.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, $$$ SYMBOL, $1.00, $2.00, $3.00, $4.00, $5.00, $6.00, $10.00, $20.00, $30.00, $60.00, $100, $300, and $3,000.

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

1.0 Name and Style of Game.

A. The name of Instant Game No. 723 is "SET FOR LIFE". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 723 shall be $10.00 per ticket.

1.2 Definitions in Instant Game No. 723.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, COIN SYMBOL, STAR SYMBOL, LIFE SYMBOL, $1.00, $2.00, $3.00, $5.00, $10.00, $20.00, $50.00, $100, $200, $500, $1,000, $2,500 and $5,000/WK.

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

The Public Utility Commission of Texas (commission) received an application on June 16, 2006, for a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Application of Rapid Acquisition Company, LLC to Amend to its State-Issued Certificate of Franchise Authority, Project Number 32835 before the Public Utility Commission of Texas.

Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 32835.

TRD-200603383

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 20, 2006

On June 14, 2006, Looking Glass Networks, Incorporated (Applicant) 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 60372. Applicant intends to reflect a change in ownership/control whereby Level 3 Communications, Incorporated will acquire the Applicant's corporate parent, and thereby obtain ultimate indirect control of the Applicant.

The Application: Application of Looking Glass Networks, Incorporated for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 32822.

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 July 6, 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 32822.

TRD-200603337

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 16, 2006

Notice is given to the public of a joint application for sale, transfer, or merger filed with the Public Utility Commission of Texas (commission) on June 15, 2006, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Annotated, §14.101 and §39.158 (Vernon 1998 & Supp. 2005) (PURA).

Docket Style and Number: Joint Application of Cap Rock Energy Corporation and GEUS for Transfer of Facilities and Certificated Areas in Hunt County, Texas, Docket Number 32832.

The Application: The proposed transaction involves the transfer of approximately 109 customer meters southwest of the City of Greenville from Cap Rock Energy Corporation (CRE) to GEUS (formerly, Greenville Electric Utility System). Additionally, the certificated rights to a small area north of the City of Greenville will be transferred from GEUS to CRE. CRE and GEUS seek regulatory approval to permit them to transfer to each other portions of their certificated service area rights in Hunt County, Texas. The City of Greenville will be affected by this transfer; however, no other utilities other than CRE and GEUS will be affected by the transfer. All of CRE's existing distribution facilities within the affected areas southwest of the City of Greenville, except for certain facilities, will be transferred from CRE to GEUS.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P. O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 32832.

TRD-200603345

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 16, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on June 15, 2006, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151-54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of XPANCE BROADBAND, LTD. for a Service Provider Certificate of Operating Authority, Docket Number 32827 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, T1-Private Line, Switch 56 KBPS, Fractional T1, and long distance services.

Applicant's requested SPCOA geographic area includes the area of Texas currently served by AT&T Texas, Verizon Communications, and Sprint.

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 July 6, 2006. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 32827.

TRD-200603381

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 21, 2006

Notice is given to the public of the filing on June 20, 2006, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule 26.214. The Applicant will file the LRIC study on July 7, 2006.

Docket Title and Number: Application of Sugar Land Telephone Company for Approval of LRIC Study for New Residential Custom Calling Bundles Pursuant to P.U.C. Substantive Rule 26.214, Docket Number 32847.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 32847. Written comments or recommendations should be filed no later than forty-five (45) days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 32847.

TRD-200603402

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 21, 2006

Notice is given to the public of Coleman County Telephone Cooperative, Incorporated (Coleman) application filed with the Public Utility Commission of Texas (commission) on May 19, 2006, for approval of a minor rate change pursuant to P.U.C. Substantive Rule §26.171.

Docket Title and Number: Application of Coleman County Telephone Cooperative, Incorporated for Approval of Minor Rate Changes Pursuant to P.U.C. Substantive Rule §26.171; Docket Number 32735.

The Application: Coleman filed an application to change the rates for Premises Visits and Line Connections and to introduce a new charge of $20.00 for Returned Checks. The proposed effective date for the proposed rate changes is August 22, 2006. The estimated annual revenue increase recognized by Coleman is $747.96 or less than 5% of Coleman's gross annual intrastate revenues. Coleman has 2,335 access lines (residence and business) in service in the state of Texas.

If the commission receives a complaint(s) relating to this application signed by the lesser of 5% or 1,500 of the affected local service customers to which this application applies by July 24, 2006, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s).

Persons wishing to comment on this application should contact the Public Utility Commission of Texas by Monday, July 24, 2006. Requests to intervene should be mailed to the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326, or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 32735.

TRD-200603336

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 16, 2006

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a petition on June 15, 2006, for waiver of denial by the North American Numbering Plan Administration (NANPA) Pooling Administrator (PA) of Southwestern Bell Telephone, L.P. d/b/a AT&T Texas' (AT&T Texas) request for additional numbering resources on behalf of its customer, Baylor Regional Medical Center.

Docket Title and Number: AT&T Texas Request for Waiver of Denial of Numbering Resources - Grapevine Rate Center. Docket Number 32833.

The Application: AT&T Texas requested four 1,000 blocks of consecutive DID numbers with metro calling capability in the Grapevine rate center on behalf of its customer.

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 July 6, 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 32833.

TRD-200603382

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 20, 2006

The Texas Department of Transportation (department), an agency of the state of Texas, is issuing this REQUEST FOR QUALIFICATIONS AND PROPOSALS (RFQ/RFP) to select from prospective qualified Design-Build Firms who can provide a 10-12 acre site ( PROPOSED SITE ) and construct a design/build department maintenance facility in or near Eagle Pass, Maverick County, Texas ( PROJECT ), in exchange for the existing Eagle Pass Maintenance Facility located at 2440 Main Street (US 277), Eagle Pass, Maverick County, Texas.

The department is issuing this RFQ/RFP in accordance with Transportation Code, §201.1055, Agreements with Private Entities, "that authorizes the department and a private entity that offers the best value to the state to enter into an agreement for the acquisition, design, construction, renovation, including site and site development, of a building or other facility required to support department operations."

A Pre-Submittal Conference is scheduled for Wednesday, August 30, 2006 at 1:00 PM local time at the Texas Department of Transportation, Eagle Pass Maintenance Facility, 2440 Main Street (US 277), Eagle Pass, Maverick County, Texas . The conference agenda will include a presentation of the proposed PROJECT, a question and answer session, and guided tour of property proposed for exchange. Attendance at the Pre-Submittal Conference is optional.

A complete RFQ/RFP with description of the PROJECT, requirements, evaluation, forms, and attachments can be found at the following web site: http://www.dot.state.tx.us/MNT/contract/rfp.htm . The notice is also provided at http://marketplace.state.tx.us (contract number CBC4704-00-620). A printed copy of the RFQ/RFP can be mailed if a request is received by FAX (512) 416-3080 and is available at the Laredo District Headquarters, 1817 Bob Bullock Loop, Laredo, Texas 78043, Telephone (956) 712-7483 or FAX (953) 712-7472.

DEADLINE: Sealed proposals must be received and time stamped by Monday, September 25, 2006 at 2:30 PM local time, at the Texas Department of Transportation, Laredo District Headquarters, 1817 Bob Bullock Loop, Laredo, Texas 78043, ATTN: Rosa Trevino.

TRD-200603408

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: June 21, 2006

The Texas Department of Transportation (department), an agency of the state of Texas, is issuing this REQUEST FOR QUALIFICATIONS AND PROPOSALS (RFQ/RFP) to select from prospective qualified Design-Build Firms who can provide a 10-12 acre site ( PROPOSED SITE ) and construct a design/build TXDOT maintenance facility in or near Rio Grande City, Starr County, Texas ( PROJECT ), in exchange for the existing Rio Grande City Maintenance Facility located at 3939 East US 83, Rio Grande City, Starr County, Texas.

The department is issuing this RFQ/RFP in accordance with Transportation Code, §201.1055, Agreements with Private Entities, "that authorizes the department and a private entity that offers the best value to the state to enter into an agreement for the acquisition, design, construction, renovation, including site and site development, of a building or other facility required to support department operations."

A Pre-Submittal Conference is scheduled for Thursday, August 31, 2006 at 1:00 PM local time at the Texas Department of Transportation, Rio Grande City Maintenance Facility, 3939 East US 83, Rio Grande City, Starr County, Texas . The conference agenda will include a presentation of the proposed PROJECT, a question and answer session, and guided tour of property proposed for exchange. Attendance at the Pre-Submittal Conference is optional.

A complete RFQ/RFP with description of the PROJECT, requirements, evaluation, forms, and attachments can be found at the following web site: http://www.dot.state.tx.us/MNT/contract/rfp.htm . The notice is also provided at http://marketplace.state.tx.us (contract number CBC4704-00-682). A printed copy of the RFQ/RFP can be mailed if a request is received by FAX (512) 416-3080 and is available at the Pharr District Headquarters, 600 West US 83 Expressways, Pharr, Texas 78577, Telephone (956) 702-6100 or FAX (953) 782-2511.

DEADLINE: Sealed proposals must be received and time stamped by Monday, September 25, 2006 at 2:30 PM local time, at the Texas Department of Transportation, Pharr District Headquarters, 600 West, US 83, Pharr, Texas 78577, ATTN: Luana M. Gonzalez.

TRD-200603407

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: June 21, 2006