IN ADDITION The Texas Register is required by statute to publish certain documents, including applications to purchase control of state banks, notices of rate ceilings, changes in interest rate and applications to install remote service units, and consultant proposal requests and awards. To aid agencies in communicating information quickly and effectively, other information of general interest to the public is published as space allows. Office of the Attorney General Settlement Document Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Solid Waste Disposal Act. Prior to entry of a judgment in an enforcement action brought under the Texas Solid Waste Disposal Act, 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 indicated the consent is inappropriate, improper, inadequate, or inconsistent with the requirement of the Texas Solid Waste Disposal Act. Case Title and Court: State of Texas v. Tinse Chemical Company, Inc., Anthony Miglicco, Christopher A. Dittmar, Shahed Lateef, Texas City Terminal Railway Company, and Board Of Trustees Of The Galveston Wharves, Cause Number 93-14042 in the 53rd District Court of Travis County, Texas. Nature of the Settlement: The State of Texas proposes to settle the liability of Texas City Terminal Railway Company, one of the Defendants in the previously- referenced matter. Texas City Terminal Railway owns property in Texas City, Texas, which it leased to Tinse Chemical Company, Inc. (the "Dock Road Facility"). Tinse operated an industrial waste treatment facility at the Dock Road Facility. Tinse's operations were responsible for contamination of the Site through leaks and spills from tanks and other equipment. Tinse subsequently went out of business and abandoned a number of tanks and containers on the Site. Proposed Agreed Judgment: The State proposes to severe Texas City Terminal Railway from the above-referenced action and enter into an Agreed Final Judgment that contains provisions for injunctive relief and attorneys' fees, as follows: Injunctive Relief: The judgment, including the appended plan for the investigation and remediation of the Dock Road Facility, requires Texas City Terminal Railway to investigate the nature and extent of contamination at the Dock Road Facility, and, based on the results of the investigation, to carry out various remedial measures. The remedial measures may include removal or cleaning of tanks and containers at the Site, removal of piping and removal and disposal of contaminated soil. Attorneys' Fees: The judgment requires the Defendant to pay $20,000 in attorneys' fees to the State. For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment and written comments on the judgment should be directed to Albert M. Bronson, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548; (512) 463-2012 or fax: (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered. Issued in Austin, Texas, on December 21, 1995. TRD-9516636 Suzanne Marshall Assistant Attorney General Office of the Attorney General Filed: December 21, 1995 State Auditor's Office Request for Proposal Request for Proposals Scope: The State Auditor's Office (SAO) is soliciting proposals for the development of a custom designed writing assessment. Audit staff members must possess effective communication skills in order to provide information regarding the accountability of state government to government leaders and citizens, in fulfillment of the SAO's mission. The SAO seeks a consultant to develop a custom-designed instrument to be used in evaluating the written communications skills of audit staff at the Assistant State Auditor IV (Auditor IV) level and above. The instrument will be used both for hiring new auditors at or above the Auditor IV level and promotions to the Auditor IV level. The SAO also plans to administer the test to audit staff currently employed at the Auditor IV level and above. Background: As mandated by Texas Government Code, Chapter 321, the SAO conducts audits of departments of state government, including institutions of higher education. Audits performed include financial, compliance, economy and efficiency audits, effectiveness audits, and investigations. The SAO prepares a written, public report for each audit conducted. The SAO currently employs 179 Assistant State Auditors, who have varied educational backgrounds and work experience. All of the audit staff members possess bachelor's degrees and approximately one-third have advanced degrees. The graduate degrees held include Master of Business Administration (31), Master of Professional Accountancy or Public Affairs (24), Master of Arts (7), and other degrees (9). Approximately two-thirds of the audit staff hold professional certifications: 95 are Certified Public Accountants; 47 other certifications, including Certified Information Systems Auditor, Certified Data Processor, Certified Internal Auditor, Professional in Human Resources, Certified Systems Professional, Certified Compensation Professional, Certified Management Accountant, and Certified Quality Analyst, are held by audit staff. Auditors are employed at six levels: Assistant State Auditor I (salary group 13), Assistant State Auditor II (salary group 15), Assistant State Auditor III (salary group 17), Assistant State Auditor IV (salary group 19), Assistant State Auditor V (salary group 21), and Supervising Assistant State Auditor (exempt from classification in the Texas Position Classification plan). The SAO has a human resources performance management system in place. All of the jobs in the auditor series have been analyzed. Job dimensions are in place, task lists have been developed, and KSAs have been identified. Nature of Services Required/Deliverables: The consultant will custom design a writing assessment suitable for assessing a candidate's ability to successfully perform the report writing and other written communications functions required at the Auditor IV level and above. The consultant will be available to and will work with subject matter experts within the SAO in the development of the test instrument. The consultant will train SAO managers and human resources staff members in the proper administration, scoring, interpretation of results, and maintenance of the test instrument. The consultant will develop a strategy for marketing the test instrument to SAO staff and applicants. The writing assessment will be suitable for use both as a promotion eligibility instrument and a pre-employment test instrument. The instrument should measure analytical thinking, organizational skills, logic, clarity of expression, and grammar. The SAO anticipates that the instrument will consist of a given set of facts from an audit situation from which job candidates will draft a summary memo and determine which facts are necessary and relevant, what the logical progression of facts should be, and how much detail is appropriate to support the conclusion. However, other formats (or combinations of formats) will be considered. The writing assessment should take two hours or less to administer and should be developed in WordPerfect 6. 0/6.1 for Windows or a compatible environment. The writing assessment should be developed at a level of complexity or in sufficient variations so that it can be given to a number of individuals at various intervals without losing its validity as a test instrument. The consultant will provide instructions regarding the frequency and number of tests to be given and assurances as to the validity of the instrument. The consultant will further provide assurances that the instrument does not have a disparate impact on a protected class or classes of individuals. Validation of the instrument must be consistent with the Uniform Guidelines on Employee Selection Procedures promulgated by the Equal Employment Opportunity Commission (29 CFR 1607). The consultant will provide user documentation for the writing assessment. The writing assessment is to be completed no later than April 15, 1996. The user training is to be completed no later than May 31, 1996. Contract Amount: Funding will be provided for the project in an amount not to exceed $15,000. Eligible Contractors. Qualifications and Conflict of Interest: Proposals are sought from education, management and human resources professionals with experience in developing similar test instruments. To avoid the possibility of a conflict of interest, respondents must certify that no individual owner, officer, or stockholder is related within the third degree by consanguinity or the second degree by affinity to any SAO employee. In addition, respondents must certify that no individual owner, officer, or stockholder has been a regular employee of the SAO within the previous twelve months of the date of the award of the contract. Historically Underutilized Businesses are encouraged to respond to this request for proposals and participate in the performance of the contract. Closing Date for Receipt of Proposals and Submission Instructions: Responses to this request for proposals are due by 4:30 p.m., Friday, February 2, 1996. Responses may be delivered to the State Auditor's Office, 206 East Ninth Street, Suite 1900, Austin, Texas 78701, or mailed to the State Auditor's Office, P.O. Box 12067, Austin, Texas 78711-2067, to the attention of the Promotions Committee. Facsimiles will not be accepted. A contract will be awarded no later than Friday, March 1, 1996. Information to be Included: To be considered for this contract, proposals must include the following information, in the order set out as follows: I. Identification of respondent, including name, address, telephone number, and contact person II. Detailed description of the methodology to be used to develop the writing assessment, including an explanation of the methodology to be used in establishing the validity of the instrument, suggested format or optional formats for the instrument, test/re-test intervals, the time required to administer the instrument, the scoring process and criteria, time required to score the instrument, major work steps, and timetable for delivery III. Methodology for training writing assessment administrators, including work steps and timetable IV. Strategy for marketing the writing assessment to the SAO staff V. References: including contact name and address of at least two previous clients for whom similar instruments have been designed, a brief description of those projects, and copies of the instruments designed (or copies of a representative portion of the instruments) VI. Identification of consultants or staff members who would be responsible for the project, with a brief educational and work history for each, and a statement of contractor eligibility and absence of conflict of interest VII. A statement of contractor assurances that the instrument developed will be non-discriminatory and legally defensible VIII. Total proposed fee, breakdown of fee by major work steps, and basis of fee calculation Selection Process/Selection Criteria: The proposals will be reviewed by SAO staff members. A weighted matrix will be used to rank respondents according to understanding of SAO needs, knowledge of the audit process, demonstrated competence, completeness of response, experience in defending legal challenges to instruments developed, acceptability of proposed timetable, and reasonableness of proposed fee. All other things being equal, the SAO will give preference to a respondent whose principal place of business is in Texas. The SAO, at its discretion, may require respondents to supplement or clarify their proposals by an oral presentation or other assurances. The SAO reserves the right to negotiate any and all elements of respondents' proposals. The SAO reserves the right to reject any and all proposals and the further right to re- solicit proposals at any time, at its discretion. Contact person: For further information about the SAO or this request for proposals, contact Paul Hagen or Charlie Hrncir at (512) 479-4700. If the SAO receives a request for additional information that impacts other respondents, the SAO may require the request to be submitted in writing. The SAO, in its sole discretion, shall determine which requests must be submitted in writing. Requests for additional information that are required to be submitted in writing will receive written responses. The requests must be received by the SAO no later than 4:30 p.m., Wednesday, January 17, 1996, after which the requests and the responses will be available to any party, upon request and upon receipt of the cost of postage and photocopies. Release of Responses and Proprietary Information: In accordance with the Open Records Act, Texas Government Code, Chapter 552, responses to this request for proposals will be subject to disclosure subsequent to a contract award. Respondents are responsible for identifying proprietary information at the time of submission of their proposals and setting forth with specificity reasons why such information should not be disclosed. Whether or not proprietary information identified must be disclosed is subject to a decision of the Attorney General of Texas, in accordance with the Act. Proposals will not be returned to the respondents. All information submitted becomes the property of the SAO, and the SAO will have the right to use, reproduce, or distribute the information as needed to evaluate the proposals. The work product of the contractor will become the property of the SAO, and the SAO shall have the exclusive right to use, copyright, reproduce, publish, or distribute the work product. Costs Incurred: All costs incurred directly or indirectly in the preparation of a response to this request for proposals or any oral presentation required to supplement or clarify a response will be borne by the respondent. Issued in Austin, Texas, on December 22, 1995. TRD-9516744 Lawrence F. Alwin, CPA State Auditor State Auditor's Office Filed: December 22, 1995 Office of Consumer Credit Commissioner Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in Title 79, Texas Civil Statutes, Articles 1.04, and 1.05 as amended (Texas Civil Statutes, Article 5069-1.04). [graphic] Issued in Austin, Texas, on December 18, 1995. TRD-9516613 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: December 21, 1995 Texas Education Agency Notice of Public Hearings on Texas' Consolidated State Plan under the Improving America's Schools Act The Texas Education Agency (TEA) will hold public hearings to solicit input and recommendations from local educators, parents, and other stakeholders on its Consolidated State Plan under the Elementary and Secondary Education Act of 1965, as amended by the Improving America's Schools Act of 1994. This federal legislation allows states and local school districts the flexibility needed to consolidate their applications and programs for a broad range of federally funded initiatives. A preliminary consolidated state plan was presented to the U.S. Department of Education in June 1995. A final consolidated state plan will be submitted to the U.S. Department of Education in May 1996. The consolidated state plan encompasses nine federal programs: (1) Title I, Part A, Improving Basic Programs Operated by Local Education Agencies; (2) Title I, Part B, Even Start Family Literacy Programs; (3) Title I, Part C, Education of Migratory Children; (4) Title I, Part D, Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At Risk of Dropping Out; (5) Title II, Dwight D. Eisenhower Professional Development Program; (6) Title IV, Safe and Drug-Free Schools and Communities; (7) Title VI, Innovative Education Program Strategies; (8) McKinney Homeless Assistance Act, Title VII-B, Education for Homeless Children; and (9) Carl D. Perkins Vocational and Applied Technology Education Act of 1990, Title II. A conference session on the consolidated state plan will be held on Tuesday, January 30, 1996, at 4:15 p.m. in the Ash Room at the Austin Convention Center in Austin, Texas. This will be a conference session for local educator and stakeholder input on the consolidated state plan at the Administrators' Midwinter Conference on Education. Public hearings on the consolidated state plan will be held on the following dates and in the following locations: Friday, February 2, 1996, 1:00 p.m. to 4:00 p.m., Region 17 Education Service Center (ESC), 1111 West Loop 289, Lubbock, Texas 79416; Friday, February 2, 1996, 1:00 p.m. to 4:00 p.m., Region 11 ESC, 3001 North Freeway, Fort Worth, Texas 76106; Friday, February 9, 1996, 9:00 a.m. to noon, Region 13 ESC, 5701 Springdale Road, Austin, Texas 78723; Friday, February 9, 1996, 9:00 a.m. to noon, Region 4 ESC, 7145 West Tidwell, Houston, Texas 77092; and Friday, February 23, 1996, 1:00 p.m. to 4:00 p.m., Region 1 ESC, 1900 West Schunior, Edinburg, Texas 78539. Persons wishing to testify at one of the hearings should call Theresa Tabera at the Texas Education Agency at 1-800-446-3142 (toll-free). Persons who need special accommodations (e.g., Spanish interpreters or interpreters for the hearing impaired) should inform Ms. Tabera of these needs when registering to speak at one of the public hearings. Individuals who wish to testify at one of the hearings should also sign in at the hearing site on the day of the public hearing. Speakers will testify in the order in which they sign up on-site. Speakers are encouraged to provide written copies of their testimony. Twenty-five copies are sufficient. Depending on the number of individuals who sign up to testify, testimony may be limited to three minutes per speaker. Individuals who are unable to attend one of these public hearings may send written comments to: Cathy Cox, Office of Education of Special Populations, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. Persons seeking general information about these public hearings should contact Cathy Cox, (512) 463-8992, or Joe Lopez, (512) 463-9076, at the Texas Education Agency. Copies of the Preliminary Consolidated State Plan under the Improving America's Schools Act are available for public review at Region 1 ESC, Region 17 ESC, Region 4 ESC, Region 11 ESC, and Region 13 ESC during normal business hours. Copies have additionally been mailed to the central offices of all Texas public school districts. A copy may also be obtained by calling Cathy Cox at the Texas Education Agency Office of Special Populations and Adults, (512) 463-8992. Issued in Austin, Texas, on December 22, 1995. TRD-9516719 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: December 22, 1995 Request for Proposals Concerning Activities Related to the Development of the Texas Assessment of Sign Communication (TASC) Filing Authority. Request for Proposals (RFP) #701-96-010 is filed under the Texas Education Code, sec.21.041. Eligible Proposers. The Texas Education Agency (TEA) is requesting proposals from nonprofit organizations, institutions of higher education, private companies, or individuals for performing activities relating to the development of the Texas Assessment of Sign Communication (TASC). Historically underutilized businesses (HUBs) are encouraged to submit proposals. Description. The TASC will be an assessment of the sign language/communication skills of individuals seeking certification as teachers of students who are deaf or hard-of-hearing. It is anticipated that successful completion of the TASC will be required of individuals seeking this certification in 1997-1998 and later. The TASC assesses proficiency in one or more of the following sign communication systems: American Sign Language (ASL), Signed English (SE), Pidgin Signed English (PSE), Signing Exact English (SEE2), and Morphemic Sign System (MSS). Examinees may use any one of these systems or a combination. The examinee's ability to communicate is assessed holistically. The selected contractor will conduct interviewer training of five interviewers, review and organize approximately 50-75 sign communication videotapes for rating, conduct rater training of six raters and rating session, analyze and organize rating data, present results and recommendations to an advisory committee, and produce a 10-20 page report containing recommendations and summarizing activities completed under this contract. Dates of Project. Proposers should plan for a starting date of no earlier than January 29, 1996, and an ending date of no later than June 30, 1996. Project Amount. Funding for the requested services will not exceed $6,000, including any related travel. Selection Criteria. Proposals will be selected based on the ability of the proposer to carry out all requirements contained in the RFP. The TEA will base its selection on, among other things, demonstrated competence and qualifications of the proposer. The selection criteria and review process are specified in the RFP. The TEA reserves the right to select from the highest ranking proposals the proposal that addresses all requirements in the RFP. The TEA is not obligated to execute a resulting contract, provide funds, or endorse any proposal submitted in response to this RFP. The RFP does not obligate TEA to award a contract or to pay any costs incurred in preparing a response. The TEA intends to award the contract to the contractor who previously performed the services, Daniel Burch of Sign Language Services International, Inc., Baton Rouge, Louisiana, unless a better offer is submitted. Requesting the Proposal. A complete copy of RFP #701-96-010 may be obtained by writing the Document Control Center, Room 6-108, William B. Travis Building, 1701 North Congress, Austin, Texas 78701-1494, or by calling (512) 463-9701. Further Information. For clarifying information about the RFP, contact Dr. Nolan Wood, Senior Director, Educator Assessment and Appraisal, Texas Education Agency, (512) 463-9525. Deadline for Receipt of Proposals. A proposal must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m., Friday, January 26, 1996, to be considered for funding. Issued in Austin, Texas, on December 22, 1995. TRD-9516718 Criss Cloudt Associate Commissioner for Policy Planning and Research Texas Education Agency Filed: December 22, 1995 Texas Environmental Awareness Network Notice of Monthly Meeting On Tuesday, January 9, 1996, 8:30 a.m., Texas Environmental Awareness Network (TEAN) will meet at its usual location, the Texas Parks and Wildlife Department, Wild Basin Preserve Offices, 805 South Capital of Texas Highway, Austin, Texas 78746. Agenda: 1. Introductions, 2. Sign in/Mailing List Update, 3. Re-evaluating Mission of TEAN, Commitment to it's Goals, Meeting Schedule, 4. Eye on Earth Program January 17th show-"Careers That Make a Difference" February 21st show- "Hows and Whats of Environmental Education", 5. Jim Isleib's Meeting Who's going Carpooling, 6. Other Announcements. For information about the meeting or to place an item on the agenda, contact Sue Bumpous, TEAN Chair, by mail at P.O. Box 13087, MC 194, Austin, Texas 78711; by phone at (512) 239-0049; or by fax at (512) 239-0055. Issued in Austin, Texas, on December 22, 1995. TRD-9516660 Sigrid Clift Interim Secretary Texas Environmental Awareness Network Filed: December 22, 1995 Texas Department of Health Notices of Intent to Revoke a Radioactive Material License Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13 (25 TAC sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed a complaint against the following licensee: Progressive Metals, Houston, L02831. The department intends to revoke the radioactive material license; order the licensee to cease and desist use of such radioactive material; order the licensee to divest himself of the radioactive material; and order the licensee to present evidence satisfactory to the bureau that he has complied with the orders and the provisions of the Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of the complaint, the department will not issue an order. This notice affords the opportunity to the licensee for a hearing to show cause why the radioactive material license should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the radioactive material license will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on December 22, 1995. TRD-9516723 Susan K. Steeg General Counsel Texas Department of Health Filed: December 22, 1995 Pursuant to Texas Regulations for Control of Radiation (TRCR), Part 13 (25 Texas Administrative Code sec.289.112), the Bureau of Radiation Control (bureau), Texas Department of Health (department), filed complaints against the following registrants: Byron P. Dahse, D.D.S., Kerrville, R04671; G. Scott Sauer, D.D.S., Wellington, R19032; West Fort Worth Dental Services, P.C., Fort Worth, R21324; Plaza Dental Center, L.L.P., Nederland, R20521; C. Lynn Davis, D.D.S., League City, R19802; Buckner I-30 Chiropractic Clinic, Dallas, R19647; Hurb A. Hosea, D.P.M., Bryan, R19834; Jack A. Kern, M.D., McKinney, R20589; San Gabriel Clinic, Georgetown, R12402; Lifestyle Clinic, Floydada, R16083; Monty L. England, Temple, R06726; Seiko Instruments USA, Inc., San Jose, California, R21351. The department intends to revoke the certificates of registration; order the registrants to cease and desist use of radiation machine(s); order the registrants to divest themselves of such equipment; and order the registrants to present evidence satisfactory to the bureau that they have complied with the orders and the provisions of the Health and Safety Code, Chapter 401. If the fee is paid within 30 days of the date of each complaint, the department will not issue an order. This notice affords the opportunity to the registrants for a hearing to show cause why the certificates of registration should not be revoked. A written request for a hearing must be received by the bureau within 30 days from the date of service of the complaint to be valid. Such written request must be filed with Richard A. Ratliff, P.E., Chief, Bureau of Radiation Control (Director, Radiation Control Program), 1100 West 49th Street, Austin, Texas 78756-3189. Should no request for a public hearing be timely filed or if the fee is not paid, the certificates of registration will be revoked at the end of the 30-day period of notice. A copy of all relevant material is available for public inspection at the Bureau of Radiation Control, Exchange Building, 8407 Wall Street, Austin, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays). Issued in Austin, Texas, on December 22, 1995. TRD-9516724 Susan K. Steeg General Counsel Texas Department of Health Filed: December 22, 1995 Texas Higher Education Coordinating Board Consultant Proposal Request Pursuant to the Texas Government Code, Chapter 2254, Subchapter B, the Texas Higher Education Coordinating Board (THECB) invites offers of services from qualified consultants for the purpose of obtaining a comprehensive evaluation of the effectiveness of the Texas Academic Skills Program (TASP). GENERAL INFORMATION. In 1985, the THECB appointed the Committee on Testing to determine how many Texas students entering public colleges were inadequately prepared for college-level work and to explore the feasibility of creating a basic skills test for these entering students. The recommendations of the Committee on Testing were sent to the Texas Legislature and during the 1987 session became law under the Texas Education Code (TEC), sec.51.306. TEC, sec.51.306 requires that all students entering a public institution of higher education in the fall of 1989 and thereafter take a reading, writing, and mathematics basic skills examination prior to the accumulation of nine or more semester credit hours (SCHs) or the equivalent. The examination cannot be used for admission purposes. If skill deficiencies are identified, the student is required to participate in continuous remediation until the student masters all sections on the examination. The student may not progress to upper division work beyond 60 SCHs nor graduate from any Texas public institution of higher education without first passing all portions of the TASP Test. Institutions are required to offer advising programs for all students and remedial programs for students with demonstrated skill deficiencies. The law also requires all institutions to report to the THECB on the effectiveness of remedial and advising programs. Overall expenditures for remediation have increased from about $35 million in the 1988-89 biennium to more than $127 million in the 1994- 95 biennium. DESCRIPTION OF PROJECT. A team of independent, external experts will be engaged to determine the effects that the TASP Test, advising and placement policies, and institutional remediation practices are having on the educational attainment of college students in Texas. The study will encompass the following four areas (each study area lists suggested research questions; these research questions should not be considered exhaustive): I. Adequacy of the TASP Instrument A. Is the test designed and are results reported to compare the skill level of each student with the skill level necessary to perform effectively in an academic undergraduate degree program as well as in a vocational or technical degree or certificate program? II. Program Implementation A. To what extent do the THECB's TASP rules and administration carry out the TASP's goals of providing students with the reading, writing, and mathematics skills to succeed in college? B. To what extent have institutions implemented TASP requirements in such a way as to carry out efficiently and effectively the TASP goals of providing students with the reading, writing, and mathematics skills to succeed in college? For example: Is locally required assessment over-testing students or not allowing for exemptions based on SAT, ACT, or TAAS scores? To what extent has academic advising effectively used TASP diagnostics to place students in the appropriate remediation and other courses? To what extent is there articulation between the academic and developmental areas that insures that the necessary TASP skills are taught in the developmental classes, helping to maintain appropriate standards for Texas public institutions of higher education and helping students to pursue a meaningful education? To what extent do remediation courses equip students with the skills and knowledge needed to pass the TASP test as well as to succeed in the program they choose? To what extent is remediation widely available at times when students can easily take it? To what extent do institutions keep to a minimum the amount of time students must spend in remediation in order to acquire the skills required by TASP? III. Program Effects A. Is the program fair, efficient, and effective for students of all ethnic groups? (For example, what effect does the TASP have on the college enrollment and completion rates of students by ethnicity for both associate and baccalaureate programs?) B. Why do students leave remediation and how long are students in remediation? What can be done to increase the number of students who complete TASP remediation? C. What are the total educational and financial costs of the TASP relative to its educational and financial benefits? IV. Continued Program Need A. To what extent do students still leave higher education because of a lack of academic skills necessary to succeed in college? B. What modifications should be made in the TASP (the test and the program) to increase its (1) effectiveness and (2) its cost-effectiveness? (For example, should more students be exempted from TASP because of performance on other tests, such as the SAT, ACT or TAAS?) C. In what ways should TASP results be communicated to high schools so as to improve the preparation of students for college? The team should gather data from Texas' two-year and four-year institutions; should study student transcripts, advising records, remedial/developmental course syllabi; and should interview students, advisors, faculty and administrators. PROJECT DELIVERABLES. Quantitative and qualitative analyses and evaluations should be used by the evaluation team to produce a comprehensive report by September 15, 1996. This document should fully address the four research areas listed previously. CLOSING DATE FOR RECEIPT OF PROPOSALS. The closing time and date for the receipt of offers in the Universities Division, THECB, is 5:00 p.m., February 15, 1996. Six copies of the proposals should be delivered to the address given as follows by the closing time and date. Proposals received after the closing time and date will not be considered. SELECTION PROCESS. In keeping with the Coordinating Board's commitment to equal opportunity, the Board encourages proposals from minority and female owned firms. Offers or proposals cannot be accepted from a person who has or had any relationship with the Texas Academic Skills Program either professionally or personally as a result of a family member's need to attempt the TASP Test. Proposals will be reviewed and recommended for approval by agency staff based on the demonstrated competence, knowledge, and experience of the firm as a whole in the evaluation of placement and remediation programs in higher education; firm's technical expertise in testing, advising, and placement procedures; firm's experience and competence in analyzing state higher education policy; the extent to which the firm's proposed services accomplish the purposes and specifications of this CPR; and the reasonableness, competitiveness, and cost effectiveness of the services proposed. After initial evaluation of proposals, the THECB will choose the best qualified proposer based on the selection criteria and begin negotiating for a contract. If the THECB is unable to negotiate a satisfactory contract with this proposer, the THECB will formally end negotiations with this proposer and begin negotiations with the next best qualified proposer. Negotiations will continue in this manner until a satisfactory contract is secured. The award of the consulting services contract will be made by the Commissioner of Higher Education or his designee if at least one offer is found satisfactory and if contract negotiations are successful. It is anticipated that the award will be made on or about March 15, 1996. PROJECT TIMING AND COST. Funding for this project shall not exceed $75,000 and the contract period shall be no more than seven months. Proposed budgets should be reasonable, cost effective, and competitive. GENERAL TERMS AND CONDITIONS. The Texas Higher Education Coordinating Board or its designee(s) reserve the right to accept or reject any (or all) proposals submitted. The information contained in this Consultant Proposal Request is intended to serve only as a general description of the services desired. The responses hereto will be used as a basis for further negotiation of specific project details with offerors. Issuance of this Consultant Proposal Request creates no obligation to award a contract or to pay any costs incurred in the preparation of a proposal. For additional information, please contact: Texas Higher Education Coordinating Board, Universities Division-TASP Office Attention: Dr. Ronald G. Swanson, Director, 7745 Chevy Chase Drive, Building V, P.O. Box 12788, Austin, Texas 78711, (512) 483-6330. Issued in Austin, Texas, on December 21, 1995. TRD-9516664 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Filed: December 22, 1995 Texas Department of Human Services Notice of Public Hearing The Texas Department of Human Services (TDHS) will conduct a public hearing to solicit recommendations for improving Family Day Care Home services provided under the Child and Adult Care Food Program. The hearing will be held on January 13, 1996, at the Hilton Hotel located on the campus of the University of Houston. The address is 4800 Calhoun Street, Houston Texas. The meeting will begin at 10:00 a.m.; speaker registration will begin at 9:30 a.m. If you are unable to attend the hearing, but wish to make recommendations regarding improvement of the Family Day Care Home Program, written comments will be accepted. Please address written comments to the attention of Sally Foshko, Director of Special Nutrition Programs, Texas Department of Human Services, P.O. Box 149030, Austin Texas 78714-9030. Persons with disabilities planning to attend this hearing who may need auxiliary aids or services are asked to contact Chuck Adams at (713) 696-7657 by January 8, 1996, so that appropriate arrangements can be made. Issued in Austin, Texas, on December 27, 1995. TRD-9516752 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Filed: December 27, 1995 Open Solicitation for Jim Hogg County Pursuant to Title 2, Human Resources Code, Chapters 22 and 32 and 40 TAC sec.19.2324, in the March 31, 1995, issue of the Texas Register (20 TexReg 2443), the Texas Department of Human Services (TDHS) is announcing the reopening of the open solicitation period for Jim Hogg, County Number 124, identified in the January 6, 1995, issue of the Texas Register (20 TexReg 115). Potential contractors desiring to construct a 90-bed nursing facility in the above referenced county must submit a written reply (as described in 40 TAC sec.19.2324) to TDHS, Gary L. Allen, Certification, Provider Enrollment and Billing Services, Long Term Care-Regulatory, Mail Code (Y-976), P.O. Box 149030, Austin, Texas 78714-9030. Upon receipt of a reply from a potential contractor, TDHS will place a notice in the Texas Register to announce the closing date of the reopened solicitation period. Issued in Austin, Texas, on December 22, 1995. TRD-9516703 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Filed: December 22, 1995 Texas Department of Insurance Insurer Services The following applications have been filed with the Texas Department of Insurance and are under consideration: Application for a name change in Texas for American Progressive Life Insurance Company, a foreign life, accident and health company. The proposed new name is Southern Pioneer Life Insurance Company. The home office is in Trumann, Arkansas. Application for a name reservation in Texas for Texas Childrens' Health Plan, Inc., a domestic health maintenance organization. The home office is in Houston, Texas. Application for a name reservation in Texas for UniCARE of Texas Health Plans, Inc., a domestic health maintenance organization. The home office is in Houston, Texas. Any objections must be filed within 20 days after this notice was filed with the Texas Department of Insurance, addressed to the attention of Cindy Thurman, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701. Issued in Austin, Texas, on December 21, 1995. TRD-9516643 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Filed: December 21, 1995 Notices of Applications Notice is given to the public of the application of SUPERIOR HEALTHPLAN, L. P., Austin, Texas for the issuance of a certificate of authority to establish and operate a health maintenance organization (HMO) offering basic health care services in the State of Texas in compliance with the Texas HMO Act and rules and regulations for HMOs. The application is subject to public inspection at the offices of the Texas Department of Insurance, HMO Unit, 333 Guadalupe, Hobby Tower I, Sixth Floor, Austin, Texas. Upon consideration of the application, if the Commissioner is satisfied that all requirements of law have been met, the Commissioner or his designee may take action to issue a certificate of authority to SUPERIOR HEALTHPLAN, L. P., without a public hearing. Issued in Austin, Texas, on December 21, 1995. TRD-9516644 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Filed: December 21, 1995 Notice is given to the public of the application of AMERICAID TEXAS, INC., doing business as AMERICAID COMMUNITY CARE, Fort Worth, Texas, for the issuance of a certificate of authority to establish and operate a health maintenance organization (HMO) offering basic health care services in the State of Texas in compliance with the Texas HMO Act and rules and regulations for HMOs. The application is subject to public inspection at the offices of the Texas Department of Insurance, HMO Unit, 333 Guadalupe, Hobby Tower I, Sixth Floor, Austin, Texas. Upon consideration of the application, if the Commissioner is satisfied that all requirements of law have been met, the Commissioner or his designee may take action to issue a certificate of authority to AMERICAID TEXAS, INC., doing business as AMERICAID COMMUNITY CARE, without a public hearing. Issued in Austin, Texas, on December 21, 1995. TRD-9516645 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Filed: December 21, 1995 Notice of Public Hearing The Commissioner of Insurance will hold a public hearing under Docket Number 2196 on January 18, 1996, at 9:00 a.m. in Room 100 of the Texas Department of Insurance Building, 333 Guadalupe Street in Austin, Texas, to consider the adoption of proposed amendments to 28 TAC 7.28, concerning the regulation of accounting for reinsurance agreements by insurers. The proposed amendments and the statutory authority for the proposed amendments to 28 TAC sec.7.28 were published in the November 17, 1995, issue of the Texas Register (20 TexReg 9530). Issued in Austin, Texas, on December 21, 1995. TRD-9516642 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Filed: December 21, 1995 Third Party Administrator Applications The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration. Application for incorporation in Texas of RJBT, L.C., (doing business under the assumed name of Resource Benefits Administrators, L.L.C.), a domestic third party administrator. The home office is Waco, Texas. Application for incorporation in Texas of Physicians Care Management Company, Inc., a domestic third party administrator. The home office is Dallas, Texas. Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107- 5A, 333 Guadalupe, Austin, Texas 78714-9104. Issued in Austin, Texas, on December 21, 1995. TRD-9516646 Alicia M. Fechtel General Counsel and Chief Clerk Texas Department of Insurance Filed: December 21, 1995 Texas Natural Resource Conservation Commission Enforcement Orders An agreed enforcement order was entered regarding AMERICAN CHROME AND CHEMICALS, INC., Docket Number 95-1661-IWD-E (Permit Number 00349) on December 12, 1995, assessing $8,600 in administrative penalties with $2,100 deferred. Information concerning any aspect of this order may be obtained by contacting Raymond C. Winter, Staff Attorney, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-0477. An agreed enforcement order was entered regarding ANGEL BROTHERS ENTERPRISES, INC., Docket Number 95-1666-PST-E (TNRCC Facility ID Pending Registration; Enforcement ID E10789) on December 12, 1995, assessing $1,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Lisa Newcombe, Staff Attorney, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2269. An agreed enforcement order was entered regarding GAF CHEMICALS CORPORATION/INTERNATIONAL SPECIALTY PRODUCTS, INC./ISP TECHNOLOGIES, INC., Docket Number 95-1673-IHW-E (SWR Number 30037) on December 12, 1995. ISP TECHNOLOGIES was assessed $300,000 in administrative penalties with $100,000 deferred. Information concerning any aspect of this order may be obtained by contacting Ann D. Foster, Staff Attorney, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-0586. An agreed enforcement order was entered regarding the CITY OF HUTTO, Docket Number 95-1634-MWD-E (Permit Number 11324-01) on December 12, 1995, assessing $3,559 in administrative penalties with $3,559 deferred. Information concerning any aspect of this order may be obtained by contacting Bill Main, Enforcement Coordinator, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-4481. Issued in Austin, Texas, on December 22, 1995. TRD-9516690 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: December 22, 1995 Notice of Applications for Waste Disposal Permits Notices of applications for waste disposal permits issued during the period of December 15-22, 1995. These applications are subject to a Commission resolution adopted August 18, 1993, which directs the Commission's Executive Director to act on behalf of the Commission and issue final approval of certain permit matters. The Executive Director will issue these permits unless one or more persons file written protests and/or a request for a hearing within 30 days after publication of this notice. If you wish to request a public hearing, you must submit your request in writing. You must state your name, mailing address, and daytime phone number; the permit number or other recognizable reference to this application; the statement "I/we request a public hearing"; a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; a description of the location of your property relative to the applicant's operations; and your proposed adjustment to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. If one or more protests and/or requests for hearing are filed, the Executive Director will not issue the permit and will forward the application to the Office of Hearings Examiners where a hearing may be held. In the event a hearing is held, the Office of Hearings Examiners will submit a recommendation to the Commission for final decision. If no protests or requests for hearing are filed, the Executive Director will sign the permit 30 days after publication of this notice or thereafter. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit. Information concerning any aspect of these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 239-3300. Listed are the name of the applicant and the city in which the facility is located, type of facility, location of the facility, permit number and type of application-new permit, amendment, or renewal. LETOURNEAU, INC., the facility is located at 2400 South McArthur Boulevard, which is 0.25 mile northwest of the Estes Parkway and Farm Road 1845 intersection and 0.75 mile north of Interstate Highway 20 in the southwestern portion of the City of Longview, Gregg County, Texas, transfer, HW-50263-000, 45-day. BOB'S TEXAS STYLE POTATO CHIPS, INC., the applicant operates a potato chip manufacturing facility, the plant site is adjacent to and south of FM Road 529 and approximately 4,200 feet east of the intersection of FM Road 529 and FM Road 359 in Waller County, Texas, renewal, 02816. THE FORDYCE COMPANY, the applicant operates the Briggs Plant, a sand and gravel mining and washing facility, the plant site is approximately 1.9 miles west of State Highway 185, 1,500 feet north of the head of the Victoria Barge Canal, and 11 miles south of the City of Victoria in Victoria County, Texas, renewal, 02223. CITY OF WEINERT, the wastewater treatment facilities are approximately 3, 500 feet southwest of the intersection of State Highway 617 and State Highway Spur 203 and approximately 1,500 feet south of State Highway 617 in Haskell County, Texas, renewal, 11018-01. BROOKELAND INDEOPENDENT SCHOOL DISTRICT, the wastewater treatment facilities are on the east side of State Highway Loop Number 149, approximately 1,000 feet south of the intersection of State Highways 149 and 165 in Sabine County, Texas, renewal, 13092-01. PELICAN ISLE BUSINESS TRUST, the plant site is on a country road approximately 1.3 miles south of the intersection of the county road and a point on U.S. Highway 287 approximately 0.9 mile east of the eastern abutment of the U.S. Highway 287 bridge over Richland-Chambers Reservoir in Navarro County, Texas, renewal, 13528-01. WALNUT COVE WATER SUPPLY CORPORATION, the wastewater treatment facilities are approximately two miles west of Interstate Highway 45 and 1.5 miles north of FM Road 1097, further located as 200 feet east of Lake Conroe on Weir Creek in Montgomery County, Texas, amendment, 12416-01. PRIDE REFINING, INC., the applicant operates the Pride San Angelo Products Terminal which markets gasoline and diesel products, the plant site is northeast of the City of San Angelo at 4008 North U.S. Highway 67 in Tom Green County, Texas, renewal, 03313. SARTOMER COMPANY, INC., the applicant operates a synthetic resins manufacturing facility, the plant site is at 17335 Wallisville Road approximately 4,500 feet east-northeast of the intersection of Wallisville Road and Sheldon Road in Harris County, Texas, renewal, 03207. BROWNING-FERRIS, INC., the plant site is on a 161-acre tract 2.4 miles south of Interstate Highway 10 on Jenkins Road, Chambers County, Texas, renewal, 03064. JACKSON COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER 2, the wastewater treatment facilities are approximately 1,500 feet east of FM Road 234 and approximately 1,600 feet north of FM Road 616 in Vanderbilt in Jackson County, Texas, renewal, 10196-01. BELTWAY 90 BUSINESS PARK, INC., the applicant operates an industrial business park, the plant site is north of U.S. Highway 90 and the Southern Pacific Railroad, approximately 3,000 feet west of the intersection of U.S. Highway 90 and State Loop 8 (East Belt Drive) northeast of the City of Houston in Harris County, Texas, renewal, 03206. LYONDELL PETROCHEMICAL COMPANY, the applicant operates a plant manufacturing high density polyethylene, the plant site is approximately three miles south of the Town of Wadsworth on the west side of State Highway 60 in Matagorda County, Texas, amendment, 02481. NORTHAMPTON MUNICIPAL UTILITY DISTRICT, the wastewater treatment facilities are on the north bank of Willow Creek approximately 1,200 feet upstream of the Gosling Road crossing of Willow Creek in Harris County, Texas, renewal, 10910- 01. CITY OF ORCHARD, the wastewater treatment facilities are approximately 500 feet southeast of the intersection of State Highway 36 and FM Road 1489, approximately 2,500 feet southwest of the City of Orchard in Fort Bend County, Texas, renewal, 11545-01. Issued in Austin, Texas, on December 22, 1995. TRD-9516693 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: December 22, 1995 Notice of Commission Action The following matters have been remanded to the Executive Director of the Commission by the State Office of Administrative Hearings for processing. Further information concerning these matters may be obtained by contacting the TNRCC Chief Clerk's Office, Mail Code 105, P.O. Box 13087, Austin, Texas 78711, or by telephone at (512) 239-3300. TNRCC Docket 95-1130-UCR; CLEARWATER ESTATES WATER SYSTEM; CCN Number 11884; Application Number 30816-G for a rate/tariff change. TNRCC DOCKET 95-1275-UCR; COE UTILITIES, INC; CCN Number 20734; Application Number 30891-G for a rate/tariff change. DOCKET 95-1182-UCR; DOUBLE DIAMOND, INC; CCN Number 12087; Application Number 30885-R for a rate/tariff change. DOCKET NUMBER 95-1043-UCR; BANK OF ALMEDA DOING BUSINESS AS PINE COLONY UTILITY; CCN Numbers 12108/20693; Application Number 30772-G for a rate/tariff change. DOCKET 95-1482-UCR; E.B.J.V. DOING BUSINESS AS SOUTHERN OAKS WATER SYSTEM; CCN Number 12564; Application Number 30919-G for a rate/tariff change. DOCKET 95-1184-UCR; ASCENSION CAPITOL CORPORATION DOING BUSINESS AS BIG EDDY; CCN Number 11072; Application Number 30821-R for rate/tariff change. DOCKET 95-1249-UCR; EDWARD WOOD DOING BUSINESS AS ENCHANTED HARBOR UTILITIES; CCN Number 12683; Application Number 30858-G for rate/tariff change. DOCKET 95-0423-UCR; TEXOMA SERVICES CORPORATION; CCN Number 11363; Application Number 30701-R for rate/tariff change. DOCKET 95-1224-UCR; PHILLIPS GORDON RECEIVER DOING BUSINESS AS HAZY HILLS WSC; CCN Number 11145; Application Number 30902-G for a rate/tariff change. DOCKET 95-1404-UCR; THINGS, INCORPORATED DOING BUSINESS AS T AND C WATER COMPANY; CCN Number 11832; Application Number 30940-G for rate/tariff change. DOCKET 95-1492-UCR; BILLY CORBELLO DOING BUSINESS AS B AND C UTILITY; CCN Number 12250; Application Number 30914-G for rate/tariff change. DOCKET 95-1259-UCR; TRENT WATER WORKS; CCN Number 11050; Application Number 30904-R for rate/tariff change. DOCKET 95-1403-UCR; CHUCK BELL WATER SYSTEM; CCN Number 12190; Application Number 30939-G for rate/tariff change. DOCKET 95-1301-UCR; GREAT WESTERN UTLITIES; CCN Numbers 11798 and 20601; Application Number 30878-R for rate/tariff change. Issued in Austin, Texas, on December 22, 1995. TRD-9516692 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: December 22, 1995 Notice of Opportunity to Comment on Permitting Actions-For the Week Ending December 15, 1995 The following applications are subject to a Commission resolution adopted August 30, 1995, which directs the Commission's Executive Director to act on behalf of the Commission and issue final approval of certain permit matters. The Executive Director will issue the permits unless one or more persons file written protests and/or requests for hearing within ten days of the date notice concerning the application(s) is published in the Texas Register. If you wish to request a public hearing, you must submit your request in writing. You must state your name, mailing address, and daytime phone number; the permit number or other recognizable reference to this application; the statement "I/we request a public hearing"; a brief description of how you, or the persons you represent, would be adversely affected by the granting of the application; a description of the location of your property relative to the applicant's operations; and your proposed adjustment to the application/permit which would satisfy your concerns and cause you to withdraw your request for hearing. If one or more protests and/or requests for hearing are filed, the Executive Director will not issue the permit and will forward the application to the Office of Hearings Examiners where a hearing may be held. If no protests or requests for hearing are filed, the Executive Director will sign the permit ten days after publication of this notice or thereafter. If you wish to appeal a permit issued by the Executive Director, you may do so by filing a written Motion for Reconsideration with the Chief Clerk of the Commission no later than 20 days after the date the Executive Director signs the permit. Requests for a public hearing on this application should be submitted in writing to the Chief Clerk's Office (Mail Code 105), Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 239-3300. Consideration of the application of Crystal Springs Water Co., Inc. to Amend CCN Number 11373 in Montgomery County, Texas (Application Number 30896-C, Doug Holcomb). Consideration of the application of Double Diamond, Inc. to Amend Water CCN Number 12087 in Hill and Palo Pinto Counties, Texas (Application Number 30880-C, Doug Holcomb). Consideration of the application of Double Diamond, Inc. to amend Sewer Certificate of Convenience and Necessity Number 20705 in Hill and Palo Pinto Counties, Texas (Application Number 30881-C, Doug Holcomb). Consideration of the application of Shore Tech, Inc. doing business as L and M Water Development Company for a Water Certificate of Convenience and Necessity in Galveston County, Texas (Application Number 30978-C, Doug Holcomb) . APPLICATION NUMBER 23-3998C BY THE CITY OF EAGLE PASS TO AMEND CERTIFICATE NUMBER 23-3998, AS AMENDED, PURSUANT TO TEXAS WATER CODE, sec.11.122. FOR EXECUTIVE DIRECTOR'S CONSIDERATION. Applicant seeks to (1) Sever a 690 acre-foot portion of Class "B" irrigation water rights authorized by Certificate Number 23-2421, as amended, change the type of use from irrigation to municipal, combine it with Certificate Number 23-3998, and change the diversion to the applicant's service area, and designating such amendment under Certificate Number 23-3998C; and (2) Combine all of the 310 acre-feet of Class "B" irrigation water rights authorized by Certificate Number 23-5 with Certificate Number 23-3998, as amended, change the type of use from irrigation to municipal, and change the diversion to the applicant's service area, and designating such amendment under Certificate Number 23-3998C. This amendment will result in a total addition of 400 acre-feet of municipal water rights for the City of Eagle Pass due to the conversion factor of 0.4 assigned to all changes of use from Class "B" to municipal in the Rio Grande Basin. APPLICATION NUMBER 21-3091A BY RICHARD DALE AND SHARON HORNSBY LEDOUX TO AMEND CERTIFICATE NUMBER 14-3091, PURSUANT TO TEXAS WATER CODE, sec.11.122. Applicant seeks to change the place of use of a 498 acre-foot portion of Certificate Number 14-3091, move the diversion point, and add an additional 250 acres of land to be irrigated. The total diversion of 498 acre-feet of water per annum will remain as authorized in the original certificate as will the original maximum combined diversion rate of 6.67 cfs (3,000 gpm). The irrigated land is located approximately two miles west-southwest of Crystal City on Comanche Creek(Comanche Lake), tributary of Soldier Slough, tributary of the Nueces River, Zavala County, Texas. WASTE MANAGEMENT OF TEXAS, INC. (City of Lacy-Lakeview Landfill) has applied for a minor amendment to their municipal solid waste permit (Permit Number MSW 1646-A) authorizing a revision in their operating hours to Monday-Friday from 7:00 a.m. to 7:00 p.m. and Saturday from 8:00 a.m. to 3:00 p.m. for the receipt of municipal solid waste. The existing facility is located on Selby Lane, 0.6 miles southeast of U.S. 84 in the city of Lacy, McLennan County, Texas. LAFARGE CORPORATION for a minor amendment to Permit Number 01955 to reduce the maximum pH limit from 10.0 standard units to 9.0 standard units and add a total suspended solid concentration limit to Outfall 003. The current permit authorizes intermittent, flow variable discharges of stormwater runoff via Outfalls 001, 002 and 003. The plant site is adjacent to and west of Meacham Field (airport) and at 3900 Angle Road in the City of Fort Worth in Tarrant County, Texas. EVEREST EXPLORATION, INC. for an amendment to the production area authorization for Production Area Number 7 under existing Permit Number UR02381-071 (Mt. Lucas Site). The proposed amendment would revise restoration values for calcium, magnesium, potassium, bicarbonate, sulfate, fluorite, alkalinity, pH, arsenic, lead, manganese, molybdenum, selenium, uranium, and radium-226. The proposed values will not change the use category of the water. Prior to mining, the water in the production area was used for livestock. The Executive Director of the Commission has prepared a draft production area authorization which, if approved, would revise the restoration table as described. Everest Exploration, Inc. has met the following criteria set forth in 30 TAC sec.331.107(f)(2) for an amendment to restoration table values: a) reasonable efforts have been taken by the company to restore the aquifer; b) the formation water in the aquifer is suitable for any use to which it was suitable prior to mining; and c) further restoration efforts would consume energy, water, or other natural resources of the state without providing a corresponding benefit to the state. The Mt. Lucas site is approximately 35 miles northwest of Corpus Christi, on the southwest side of State Highway 534 in Live Oak County, Texas. EVEREST EXPLORATION, INC. for an amendment to the production area authorization for Production Area Number 1 under existing Permit Number UR02493-011 (Tex-1 Mine Site). The proposed amendment would revise restoration values for calcium, magnesium, potassium, sulfate, silica, TDS, conductivity, pH, arsenic, iron, manganese, molybdenum, and uranium. The proposed values will not change the use category of the water. The average water quality present before mining exceeded the TNRCC primary drinking water standard for radium-226 and the TNRCC secondary drinking water standard for chloride, TDS, and manganese. Prior to mining, the water in the production area was used for livestock. The Executive Director of the Commission has prepared a draft production area authorization which, if approved, would revise the restoration table as described. Everest Exploration, Inc. has met the following criteria set forth in 30 TAC sec.331.107(f)(2) for an amendment to restoration table values: a) reasonable efforts have been taken by the company to restore the aquifer; b) the formation water in the aquifer is suitable for any use to which it was suitable prior to mining; and c) further restoration efforts would consume energy, water, or other natural resources of the state without providing a corresponding benefit to the state. The Tex-1 site is approximately three miles southwest of Hobson and 40 miles southeast of San Antonio in Karnes County, Texas. Issued in Austin, Texas, on December 22, 1995. TRD-9516691 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: December 22, 1995 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions The Texas Natural Resource Conservation Commission (TNRCC) Staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to the Texas Clean Air Act (the Act), sec.382.096, Health and Safety Code, Chapter 382. The Act, sec.382.096 requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 382.096 requires that notice of the proposed orders and of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is January 31, 1996. Section 382.096 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment indicates the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Texas Clean Air Act. Additional notice is not required if changes to an AO are made in response to written comments. A copy of each of the proposed AOs is available for public inspection at both the TNRCC'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 following. Written comments about these AOs should be sent to the Staff Attorney designated for each AO at the TNRCC's Central Office at P.O. Box 13087 Austin, Texas 78711-3087 and must be received by 5:00 p.m. on January 31, 1996. Written comments may also be sent by facsimile machine to the Staff Attorney at (512) 239-3434. The TNRCC Staff Attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, sec.382.096 provides that comments on the AOs should be submitted to the TNRCC in writing. (1) COMPANY: APG Lime Corporation; DOCKET NUMBER: 96-0103-AIR-E; ACCOUNT NUMBER: CS-0020-O; LOCATION: New Braunfels, Comal County, Texas; TYPE OF FACILITY: a lime manufacturing plant; RULES VIOLATED: TNRCC 30 TAC sec.116.115, Texas Air Control Board (TACB) Agreed Board Order (ABO) Number 87-09(z), and the Act, sec.382.085(b), by failing to conduct stack sampling of Lime Kiln Numbers 1 and 2 within 60 days after startup in February 1994, in violation of Special Provision Number 15 of TNRCC Permit Number 5640; and by failing to submit to TNRCC documentation which demonstrated that APG was achieving compliance with all provisions of the permit, in violation of Special Provision Number 18 of TNRCC Permit Number 5640. OPENALTY: $9,000; STAFF ATTORNEY: Lisa Uselton Dyar, (512) 239-5692; REGIONAL OFFICE: 140 Heimer Road, Suite 360, San Antonio, Texas 78232-5042, (210) 490-3096. (2) COMPANY: Adopt-A-Car, Inc.; DOCKET NUMBER: 96-0102-AIR-E; ACCOUNT NUMBER: MQ-0353-K; LOCATION: Conroe, Montgomery County, Texas; TYPE OF FACILITY: motor vehicle sales; RULE VIOLATED: TNRCC 30 TAC sec.114.1(c)(2) and the Act, sec.382.085(b) offering for sale in the State of Texas a motor vehicle with faulty or missing emission control equipment or devices with which the vehicle was originally equipped. OPENALTY: $250; STAFF ATTORNEY: Peter Gregg, (512) 239- 0450; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4996, (806) 353- 9251. (3) COMPANY: Baytank (Houston), Inc.; DOCKET NUMBER: 96-0125-AIR-E; ACCOUNT NUMBER: HG-1006-U; LOCATION: Seabrook, Harris County, Texas; TYPE OF FACILITY: marine terminal; RULE VIOLATED: Alleged to have violated TNRCC 30 TAC sec.sec.101. 20(1) and (2), 101.6, 116.115, and 116.116(a), the Act, sec.382.085(b), TNRCC Permit Number C-8865, and TACB ABO Numbers 92-02(c), and 92-10(d) by: (a) Failure to submit semiannual reports indicating absence of flare pilot flame pursuant to 40 Code of Federal Regulations (CFR) 60.115b(d)(3) prior to February 26, 1993; (b) Failure to record background readings during compliance testing pursuant to 40 CFR 61.246(e)(4)(ii) on May 20, June 11, and June 20, 1992; (c) Failure to car-seal valves in the closed vent system during marine loading operations pursuant to 40 CFR 61.302(l) on May 20 and June 11, 1992; (d) Failure to keep maintenance records on car-sealed valves for two years pursuant to 40 CFR 61.305(c) prior to February 26, 1993; (e) Failing to report upset conditions (when the operating flare was inoperable or not within operating parameters), on September 17, 26, and 27, 1992; (f) Failure to maintain the breathing/operating flare in good working order, on September 17, 26 and 27, 1992; (g) Failing to maintain records of instrument readings below 10,000 parts per million (ppm) during quarterly fugitive emissions monitoring prior to February 26, 1993; (h) Failing to equip the following open-ended valves in volatile organic compound (VOC) service with proper flanges, caps, or plugs, as discovered in inspection on February 26, 1993 (listed by tank and size/location): 18-44-4.0 inch vapor balance flex hose; 18-49-1.5 inch overflow line on water seal; 18-44 through 18-49-All 0.5 inch sensor lines (12 total); 19-50-4.0 inch vapor balance flex hose; 19-51-0.5 inch vent line on filter; 19- 51-0.5 inch drain on liquid line pump slab; 19-51-4.0 inch vapor balance flex hose; 19-56-4.0 inch vapor balance flex hose; 19-57-4.0 inch vapor balance header flange; and 19-50 through 19-57-various 0.5 inch sensor lines; and (i) Failing to represent in the application for TNRCC Permit Number C-8865 the emission point of the 1/2 inch vent line located on the portable water seals/carbon adsorption units in use for Storage Tank Bay Numbers 1, 2, 3, and 4. OPENALTY: $8,400; STAFF ATTORNEY: Thomas Corwin, (512) 239-5915; REGIONAL OFFICE: 4150 Westheimer, Houston, Texas 77027-4417, (713) 625-7900. (4) COMPANY: Channel Shipyard; DOCKET NUMBER: 96-0126-AIR-E; ACCOUNT NUMBER: HG-3585-F; LOCATION: Highlands, Harris County, Texas; TYPE OF FACILITY: barge cleaning plant; RULE VIOLATED: Alleged to have violated: (a) TNRCC 30 TAC sec.sec.115.112(a), 115.132(a)(1), and 101.20(2); National Emissions Standards for Hazardous Air Pollutants (NESHAP) Rules 61.110(c)(1), 61.276(b), and 61.305(i), Part 61, Subparts J, Y, and BB; and the Act, sec.382.085(b) by failure to equip three of its tanks, which stored VOC and which had a capacity between 1, 000 and 25,000 gallons, with either a submerged fill pipe or vapor recovery system; (b) Failure to maintain sufficient pressure in a storage tank to prevent vapor loss or to equip the storage tank with either a submerged fill pipe or a vapor recovery system; (c) Operation of a VOC/water separator without the required emission controls; (d) Failure to maintain records, on July 16, 1992, sufficient to show that the Company handled less than 1,000 megagrams of benzene per year; (e) Failure to keep records showing the dimensions and capacity of their storage vessel; and (f) Failure to maintain a record at the Plant which stated the facility's name and address; the weight percent of the benzene loaded; the type of vessel loaded; and the annual amount of benzene loaded into each type of vessel. OPENALTY: $13,000; STAFF ATTORNEY: Paul Sarahan, (512) 239-3422; REGIONAL OFFICE: 4150 Westheimer; Houston, Texas 77027- 4417; (713) 625-7900. (5) COMPANY: Charter Bank, F.S.B.; DOCKET NUMBER: 96-0127-AIR-E; ACCOUNT NUMBER: HG-4886-E; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: renovation/asbestos abatement project; RULE VIOLATED: TNRCC 30 TAC sec.101.20(2) by violating the following: (a) 40 CFR sec.61.145(a)(4)(i)-failing to comply with the requirements set forth in 40 CFR sec.61.145(b) and (c) in renovating the building; (b) 40 CFR sec.61.145(b)-failing to provide written notification of intention to renovate the building at least ten working days before asbestos stripping or removal work or other activity that would disturb asbestos material began; (c) 40 CFR sec.61.145(c)-failing to comply with procedures for asbestos emission control; (d) 40 CFR sec.61.150-failing to comply with the asbestos waste disposal requirements. OPENALTY: $26,000; STAFF ATTORNEY: Peter Gregg, (512) 239-0450; REGIONAL OFFICE: 4150 Westheimer, Houston, Texas 77027-4417, (713) 625-7900. (6) COMPANY: Chevron U.S.A. Products Company; DOCKET NUMBER: 96-0119-AIR-E; ACCOUNT NUMBER: HG-4770-B; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: gasoline service stations; RULE VIOLATED: TNRCC 30 TAC sec.101.20(2) by violating 40 CFR Part 61 (National Emissions Standards for Hazardous Air Pollutants (NESHAP)), Subpart M, which are the National Emission Standards for Emission Standards for Asbestos, promulgated by the United States Environmental Protection Agency (EPA) pursuant to the Clean Air Act, sec.112, 42 United States Code (USC), sec.7412. Specifically, as discovered on two occasions, during inspections of October 20, 1992, and of September 2, 1993, the Company is alleged to have violated 40 CFR sec.61.145(b), by failing to revise the required notification to reflect a change in the start date of a demolition; and the Act, sec.382.085(b) by failing to maintain compliance with TNRCC 30 TAC sec.101.20(2). OPENALTY: $3,000; STAFF ATTORNEY: Patricia Hershey, (512) 239- 0587; REGIONAL OFFICE: 4150 Westheimer, Houston, Texas 77027-4417 (713) 625- 79004. (7) COMPANY: Chevron USA, Inc.; DOCKET NUMBER: 96-0128-AIR-E; ACCOUNT NUMBER: JE-0042-B; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: a petroleum refinery, including petrochemical operations; RULES VIOLATED: TNRCC 30 TAC sec.115.112(a)(2)(B) and the Act, sec.382.085(b) by failing to keep one of the automatic bleeder vents on Tank Number 2183 closed at all times, except when the roof is floated off or landed on the roof leg supports; TNRCC 30 TAC sec.115.112(a)(2)(E), TACB ABO Number 88-01(e), and the Act, sec.382.085(b) by failing to perform annual inspections of secondary seals for Tank Numbers 2117 and 2128, which are gasoline storage tanks with external foam log vapor mounted seals capable of holding over 95,000 bbls each; TNRCC 30 TAC sec.101.20(1) and the Act, sec.382.085(b) by violating 40 CFR Part 60 (New Source Performance Standards), Subpart K, which are the Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978, and Subpart Ka, which are the Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984, promulgated by the EPA pursuant to the Federal Clean Air Act, sec.111, 42 USC, sec.7411. Specifically, the Company is alleged to have violated the following rules: (1) 40 CFR sec.61.113(a)-Failure to record True Vapor Pressure of liquids stored in Tank Numbers 106, 107, 108, 109, 110, 111, 2182, 2183, and 2184 from August 3, 1992- October 12, 1993; (2) 40 CFR sec.60.115(a)-Failure to record True Vapor Pressure of liquids stored in Tank Numbers 283, 284, and 285 from August 3, 1992-October 12, 1993; and (3) 40 CFR sec.60.113(a)-Failure to record True Vapor Pressure of liquids stored in Tank Numbers 1792 and 1793 on AVU 146 from August 1990 to October 12, 1993. TNRCC 30 TAC sec.115.112(a)(2)(A), TACB ABO Number 92- 03(d) and the Act, sec.382.085(b) by failing to keep the 20-inch diameter gauge well hatch in place on Tank Number 2137, allowing volatile organic compound vapor loss. OPENALTY: $42,000; STAFF ATTORNEY: Lisa Uselton Dyar, (512) 239- 5692; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703- 1830, (409) 898-3838. (8) COMPANY: Crown Central Petroleum Corporation; DOCKET NUMBER: 96-0129-AIR-E; ACCOUNT NUMBER: HG-0175-D; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: TNRCC 30 TAC sec.116.115 and the Act, sec.382.082 by exceeding the maximum allowable emission rate set forth in TNRCC Permit Number 20246 for VOC storage tank Numbers 2, 101, 102, 113, and 812 for the 1993 reporting year; TNRCC 30 TAC sec.116.116(a) and the Act, sec.382.082 by exceeding the turnover representation for VOC storage tank Numbers 2, 101, 102, 113, and 812 for the 1993 reporting year. OPENALTY: $2,500; STAFF ATTORNEY: Peter Gregg, (512) 239-0450; REGIONAL OFFICE: 4150 Westheimer, Houston, Texas 77027-4417 (713) 625-7900. (9) COMPANY: GH Hensley Industries, Inc.; DOCKET NUMBER: 96-0120-AIR-E; ACCOUNT NUMBER: DB-0447-B; LOCATION: Dallas, Dallas, County, Texas; TYPE OF FACILITY: steel foundry plant; RULE VIOLATED: Alleged to have violated TNRCC 30 TAC sec.101.4 and the Texas Health and Safety Code, sec.382.085(a) and (b). OPENALTY: $6,000; STAFF ATTORNEY: Greg Warmink, (512) 239-0612; REGIONAL OFFICE: 6421 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas 76116, (817) 732-5531. (10) COMPANY: Gulf Chemical and Metallurgical Corp.; DOCKET NUMBER: 96-0130- AIR-E; ACCOUNT NUMBER: BL-0029-V; LOCATION: Freeport, Brazoria County, Texas; TYPE OF FACILITY: molybdenum and vanadium recovery plant; RULES VIOLATED: TNRCC 30 TAC sec.111.111(a)(1)(b) and the Act, sec.382.085(b) by exceeding the opacity standard for stationary sources. OPENALTY: $2,500; STAFF ATTORNEY: Patricia Capps, (512) 239-0682; REGIONAL OFFICE: 4150 Westheimer, Houston, Texas 77027- 4417, (713) 625-7900. (11) COMPANY: Heat Energy Advanced Technology; DOCKET NUMBER: 96-0105-AIR-E; ACCOUNT NUMBER: DB-9034-I; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: waste solvent recycling plant; RULE VIOLATED: Alleged to have violated TNRCC 30 TAC sec.101.4 and the Act, sec.382.085(a) and (b) by discharging from a source one or more air contaminants (odors) or combinations thereof, in such concentration and of such duration as are or may tend to be injurious to or to adversely affect human health or welfare, animal life, vegetation, or property, or as to interfere with the normal use and enjoyment of animal life, vegetation, or property. OPENALTY: $3,000; STAFF ATTORNEY: Paul Sarahan, (512) 239-3422; REGIONAL OFFICE: 6421 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas 76116, (817) 732-5531. (12) COMPANY: Hendon Corkran, Inc.; DOCKET NUMBER: 96-0118-PST-E; ENFORCEMENT ID NUMBER: E10806; LOCATION: Nederland, Jefferson County, Texas; TYPE OF FACILITY: gasoline fueling facility; RULE VIOLATED: TNRCC 30 TAC sec.115.241 by failing to equip the facility with a Stage II vapor recovery system capable of reducing emissions of volatile organic compounds by at least 95% at a gasoline fueling facility; and TNRCC 30 TAC sec.115.249 by failing to comply with Stage II vapor recovery requirements according to the scheduled implementation date. OPENALTY: $19,200 (with $9,600 deferred contingent on Company complying with Order); STAFF ATTORNEY: Walter Ehresman, (512) 239-0573; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1830, (409) 898-3838. (13) COMPANY: The City of Houston; DOCKET NUMBER: 96-0131-AIR-E; ACCOUNT NUMBER: HG-0144-O; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: a municipal wastewater treatment plant; RULE VIOLATED: TNRCC 30 TAC sec.101.4 and the Act, sec.382.085(a) and (b) by emitting one or more air contaminants, or combinations thereof, in such concentration and of such duration as were or tended to be injurious to or to adversely affect human health or welfare, animal life, vegetation, or property, or as to interfere with the normal use and enjoyment of animal life, vegetation, or property. OPENALTY: $0; STAFF ATTORNEY: Kerri Rowland, (512) 239-5693; REGIONAL OFFICE: 4150 Westheimer, Houston, Texas 77027-4417, (713) 625-7900. (14) COMPANY: Huntsman Corporation (formerly known as Texaco Chemical Company); DOCKET NUMBER: 96-0106-AIR-E; ACCOUNT NUMBER: MQ-0012-Q; LOCATION: Conroe, Montgomery County, Texas; TYPE OF FACILITY: a specialty chemical manufacturing plant; RULES VIOLATED: (1) TNRCC 30 TAC sec.101.20(1) and the Act, sec.382.085(b) by failing to comply with 40 CFR Part 60 (New Source Performance Standards (NSPS)), Subpart Db, which are the Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units, promulgated by the EPA pursuant to the Federal Clean Air Act, sec.111, 42 USC, sec.7411. Specifically, the Company is alleged to have violated the following rules: (A) 40 CFR sec.60.46b(e)(1)-failure to conduct an initial compliance test within 180 days of the startup of Boiler Numbers HF-02 and HF-03 on February 5, 1991, by monitoring nitrogen oxides from the boilers for 30 consecutive days to determine compliance with the emission limit specified in 40 CFR sec.60.44b; (B) 40 CFR sec.60.48b(b)-failure to monitor and record the nitrogen oxides emission rates from Boiler Numbers HF-02 and HF-03 from August 6, 1991, to November 7, 1991; and (C) 40 CFR sec.60.48b(f)-failure to operate the continuous emission monitoring system on Boiler Number HF-02 from January 21, 1992, to February 5, 1992. (2) TNRCC 30 TAC sec.116.116(a) and the Act, sec.382.085(b) by misrepresenting the number of valves in VOC service at the Ethyleneamines Unit. Specifically, it is alleged that in the application for TNRCC Permit Number R- 19641, the Company represented a total of 900 valves in VOC service in the Ethyleneamines Unit, while the Company's August 23, 1993, semiannual report indicated that 5,699 valves were in VOC service in the Ethyleneamines Unit. (3) TNRCC 30 TAC sec.120.11 and the Act, sec.382.085(b) by emitting carbon monoxide concentrations from the hazardous waste incinerator stack in excess of the limit values of 750 ppmv averaged over 60 minutes, and 2,000 ppmv instantaneously, for a total of at least 1,525 hours from September 1992-August 1993, in violation of Provision Number III.F.3. of TNRCC Permit Number HW-50027. OPENALTY: $87,300; STAFF ATTORNEY: Lisa Uselton Dyar, (512) 239-5692; REGIONAL OFFICE: 4150 Westheimer, Houston, Texas 77027-4417, (713) 625-7900. (15) COMPANY: Huntsman Corporation (formerly known as Texaco Chemical Company); DOCKET NUMBER: 96-0134-AIR-E; ACCOUNT NUMBER: JE-0052-V; SWR Number 30029; LOCATION: Port Neches, Jefferson County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: Alleged to have violated TNRCC 30 TAC sec.101.4; the Texas Clean Air Act, sec.382.085(a) and (b); TACB ABO Number 91- 02(z); and Permit Provisions III.D., IV.E.1., IV.E.7., IV.B.5. of TNRCC Permit Number HW-50055-000 by: (a) emitting one or more air contaminants, or combinations thereof, in such concentration and of such duration as were or tended to be injurious to or to adversely affect human health or welfare, animal life, vegetation, or property, or as to interfere with the normal use and enjoyment of animal life, vegetation, or property. Specifically, it is alleged that the Company discharged odorous DSO emissions from its wastewater treatment plant on each of the above dates which created nuisance level odors off Plant property. The alleged violation on December 14, 1993 also violated TACB ABO Number 91-02(z), in which Texaco Chemical Company agreed that disulfide emissions from equipment in DSO service would not cause a violation of 30 TAC sec.101.4; (b) The Company's incinerator operating log, strip charts, OCAM data, and alarm records for the months of June 1992-February 1993 reveal that the monitoring system failed on several days of operation when either the strip chart was not recording or the alarm system was not recording trip alarms in violation of TNRCC Permit Number HW-50055-000, Provision III.D; (c) Prior to April 1994, the Company provided continuous monitoring strip charts without dates and times for the months of June and July 1992, and for the period of August 1-August 23, 1992. The continuous monitoring strip charts could not be matched to the incinerator log. On two occasions during the months of September and November 1992, the strip chart came to the end of the roll and there are no records for several hours until the roll was replaced. These circumstances violated TNRCC Permit Number HW-50055-000, Provision IV.E. 1; (d) failed to provide continuous monitoring data for the incinerator from June 1992-February 1993, in violation of TNRCC Permit Number HW-50055-000, Provision IV.E.7; and (e) Prior to April 1994, the Company records for the period June 1992-February 1993 indicate that incinerator operations did not cease on several occasions when operating conditions, specifically high waste feed rate, exceeded the limits designated in the permit. These circumstances violated TNRCC Permit Number HW-50055-000, Provision IV.B.5. OPENALTY: $173,000; STAFF ATTORNEY: Paul Sarahan, (512) 239-3422; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1830, (409) 898-3838. (16) COMPANY: J. C. Hood Ornamental Iron Works; DOCKET NUMBER: 96-0107-AIR-E; ACCOUNT NUMBER: HG-3661-O; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: surface coating plant; RULE VIOLATED: TNRCC 30 TAC sec.101.4 and sec.116.110(a), and the Act, sec.sec.382.085(a), 382.085(b), and 382. 0518(a), by creating nuisance conditions in a residential neighborhood and failure to satisfy the conditions of a Standard Exemption or obtain a permit. OPENALTY: $0 (SMALL BUSINESS MINOR SOURCE); STAFF ATTORNEY: Patricia Capps, (512) 239-0682; REGIONAL OFFICE: 4150 Westheimer, Houston, Texas 77027-4417, (713) 625-7900. (17) COMPANY: Jerry Allen Go Go Motors; DOCKET NUMBER: 96-0122-AIR-E; ACCOUNT NUMBER: JE-0578-B; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: used car lot; RULE VIOLATED: Alleged to have violated TNRCC 30 TAC sec.114.1(c) and the Act, sec.382.085(b) by offering for sale to the public a vehicle not equipped with proper emission controls; specifically, a 1979 Chevrolet Suburban, VIN Number CCL269F17 Texas License Plate KTJ-325R, was missing catalytic convertor, Fuel inlet Restrictor punched out, TAC missing a hot air hose and cold air hose was disconnected. OPENALTY: $500; STAFF ATTORNEY: Linda Sorrells, (512) 239-3408; REGIONAL OFFICE: 3870 Eastex Freeway, Suite 110, Beaumont, Texas 77703-1830, (409) 898-3838. (18) COMPANY: Kurosky and Company Painting Contractors, Inc.; DOCKET NUMBER: 96-0108-AIR-E; ACCOUNT NUMBER: TA-0521-J; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: surface coating and sandblasting plant; RULE VIOLATED: Alleged to have violated: (a) TNRCC 30 TAC sec.116.110 and the Act, sec.382.0518(a) and sec.382.085(b) by operating an outdoor abrasive cleaning operation without a Permit or qualifying for a TNRCC Standard Exemption; and (b) Two paint booths were allegedly operated without qualifying for TNRCC Standard Exemption 75, and outdoor abrasive cleaning equipment was allegedly operated without qualifying for TNRCC Standard Exemption 102. OPENALTY: $500; STAFF ATTORNEY: Linda Sorrells, (512) 239-3408; REGIONAL OFFICE: 6421 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas 76116, (817) 732-5531. (19) COMPANY: Lyondell Petrochemical Company; DOCKET NUMBER: 96-0133-AIR-E; ACCOUNT NUMBER: HG-0033-B; LOCATION: Channelview, Harris County, Texas; TYPE OF FACILITY: a petrochemical manufacturing plant; RULES VIOLATED: (1) TNRCC 30 TAC sec.101.20(1) and the Act, sec.382.085(b) by violating 40 CFR Part 60 (NSPS), Subpart VV, which are the Standards of Performance for Equipment Leaks of VOCs in the Synthetic Organic Chemicals Manufacturing Industry (SOCMI), and Subpart NNN, which are the Standards of Performance for VOC Emissions from SOCMI Distillation Operations, promulgated by the EPA pursuant to the Federal Clean Air Act, sec.111, 42 USC, sec.7411. Specifically, the Company is alleged to have violated the following: (A) 40 CFR sec.60.482-5(a); TACB ABO Number 91-07(k); 30 TAC sec.116.115-failing to equip sampling connection systems with a closed purge system or a closed vent system in the Flex Unit (13 sample points) from April 1993 to May 17, 1994, and in the C4 Recovery Unit (four sample points) from October 1990 to June 3, 1994; (B) 40 CFR sec.60.482-7(d)(2); TACB ABO Number 91- 07(k); 30 TAC sec.116.115-failing to attempt repair of leaking valves in the Flex Unit and C4 Recovery Unit within five calendar days after leak detection, as described in the Notice of Violation dated October 28, 1993; (C) 40 CFR sec.60.665(a)-failing to provide notification of the specific provisions of 40 CFR sec.60.662 with which the company has elected to comply for the following facilities in the Benzene/Toluene, C4 Recovery, C5 Recovery, and MTBE Units. (2) TNRCC 30 TAC sec.101.20(2) and sec.116.115; TNRCC Permit Number 2933; the Act, sec.382.085(b); and TACB ABO Numbers 89-03(n) and 91-07(k) by violating 40 CFR Part 61 (NESHAP), Subpart J, which are the National Emission Standards for Equipment Leaks (Fugitive Emission Sources) of Benzene, and Subpart V, which are the National Emission Standards for Equipment Leaks (Fugitive Emission Sources), promulgated by the EPA pursuant to the Clean Air Act, sec.112, 42 USC, sec.7412. Specifically, the Company is alleged to have violated the following: (A) 40 CFR sec.61.242-5(a)-failing to equip a sampling connection at benzene storage tank Number 4916 with a closed purge system or a closed vent system from September 1989 to December 1993; (B) 40 CFR sec.sec.61. 242-11(d), 61.112(a), and 60.18- failing to operate flare OP-II with a thermocouple or equivalent device to monitor for the presence of a pilot flame prior to March 16, 1994; and (C) 40 CFR sec.61.242-7(d)(2)-failing to attempt repair of leaking valves in the Flex Unit and C4 Recovery Unit within five calendar days after leak detection, as described in the Notice of Violation dated October 28, 1993. (3) TNRCC 30 TAC sec.115.112(a)(2)(A) and the Act, sec.382.085(b) by failing to cover 23 internal floating roof tanks in VOC service with slotted gauge poles. OPENALTY: $31,900; STAFF ATTORNEY: Lisa Uselton Dyar, (512) 239-5692; REGIONAL OFFICE: 4150 Westheimer, Houston, Texas 77027-4417, (713) 625-7900. (20) COMPANY: M-B Companies, Inc.; DOCKET NUMBER: 96-0132-AIR-E; ACCOUNT NUMBER: CA-0026-L; LOCATION: Mustang Ridge, Caldwell County, Texas; TYPE OF FACILITY: paint manufacturing plant; RULE VIOLATED: Alleged to have violated TNRCC 30 TAC sec.116.110 and the Act, sec.382.0518(a) and sec.382.085(b) by adding larger tank dispensers (mixers) and storage tanks in 1992 to increase production of the plant without proper permit authorization. OPENALTY: $6,750; STAFF ATTORNEY: Shannon Kilgore, (512) 239-3419; REGIONAL OFFICE: 1921 Cedar Bend, Suite 150, Austin, Texas 78758, (512) 339-2929. (21) COMPANY: Phillips Pipe Line Company; DOCKET NUMBER: 96-0109-AIR-E; ACCOUNT NUMBER: HG-0565-J; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: a gasoline terminal; RULE VIOLATED: TNRCC 30 TAC sec.116.115 and the Act, sec.382.085(b) by: (i) violating TNRCC Permit Number R-4088 Special Provision 1 by exceeding the allowable emissions limit for Tank 201 of 1.54 tons/year of volatile organic compounds (VOCs). The reported emissions for Tank 201 for 1992 were 1.82 tons; (ii) violating TNRCC Permit Number R-4088 Special Provision 9. This provision limits gasoline throughput to 155 million gallons per calendar year for each loading rack and 10,000 barrels of transmix per calendar year. Quarterly records must be maintained on-site on a two-year rolling basis. Plant records show that 17,171 barrels of transmix were transfered out of Tank 201 in 1993. Also, during the January 18, 1994, inspection, records specific to transmix and labeled as such were not available in a quarterly format; (iii) violating TNRCC Permit Number R-9336 General Provision 6 by failing to perform required fugitive emissions monitoring of piping, valves, flanges, and compressors in VOC service for Loading Bays 3, 4, and 5 during 1993; and TNRCC 30 TAC sec.115.216(a)(2)(A) and the Act, sec.382.085(b), which requires continuous monitoring and recording immediately downstream of a direct flame incinerator and the date and reason for any maintenance and repair of the required control devices. The continuous exhaust gas temperature monitor printer, downstream of the two direct flame incinerators at the plant, was not in operation from January 8 to February 1, 1994. The monitor printer had malfunctioned and was not discovered by the Company until the inspection. OPENALTY: $49,500; STAFF ATTORNEY: Walter Ehresman, (512) 239-0573; REGIONAL OFFICE: 4150 Westheimer, Houston, Texas 77027-4417, (713) 625-7900. (22) COMPANY: S and W Auto Sales; DOCKET NUMBER: 96-0135-AIR-E; ACCOUNT NUMBER: TA-3054-V; LOCATION: Arlington, Tarrant County, Texas; TYPE OF FACILITY: used car sales lot; RULE VIOLATED: TNRCC 30 TAC sec.114.1(c)(1) and the Act, sec.382.085(b), offering for sale in the State of Texas a motor vehicle with faulty or missing emission control equipment or devices with which the vehicle was originally equipped. OPENALTY: $0 (SMALL BUSINESS MINOR SOURCE); STAFF ATTORNEY: Peter Gregg, (512) 239-0450; REGIONAL OFFICE: 6421 Camp Bowie Boulevard, Suite 312, Fort Worth, Texas 76116, (817) 732-5531. (23) COMPANY: Southern Cotton Oil Company, a Division of Archer Daniels Midland Company; DOCKET NUMBER: 96-0123-AIR-E; ACCOUNT NUMBER: LN-0052-I; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: a cotton seed oil mill; RULES VIOLATED: TNRCC 30 TAC sec.116.115 and the Act, sec.382.085(b): (1) by emitting excessive hexane during 1992, in violation of Special Provision 2 of TNRCC Permit Number R-7102A; (2) by using unpermitted raw material inputs in 1992, in violation of Special Provision 4 of TNRCC Permit Number R-7102A (Specifically, TNRCC Permit Number R-7102A limits raw material inputs to cottonseed and/or corn germ, and the company processed 1,848 tons of sunflower seed and 686 tons of peanuts in 1992 in addition to cottonseed and/or corn germ); and (3) by exceeding permitted operating hours in 1992, in violation of Special Provision 5 of TNRCC Permit Number R-7102A (specifically, TNRCC Permit Number R-7102A limits operating hours to not more than 7560 hours per year, and the Plant operated 7608 hours in 1992). OPENALTY: $5,000; STAFF ATTORNEY: Lisa Uselton Dyar, (512) 239-5692; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414- 3509, (806) 796-7092. Issued in Austin, Texas, on December 22, 1995. TRD-9516751 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: December 27, 1995 Notice of Public Hearing (Chapter 120) Notice is hereby given that pursuant to the requirements of the Texas Health and Safety Code, sec.382.017 and the Texas Government Code, Subchapter B, Chapter 2001, the Texas Natural Resource Conservation Commission (TNRCC or commission) will conduct a public hearing to receive testimony concerning revisions to Chapter 120. The TNRCC proposes the repeal of Chapter 120, Subchapter B, concerning Pollution Prevention Requirements: Source Reduction and Waste Minimization. The subchapter is proposed for repeal to eliminate duplication of the rules in 30 TAC Chapter 335, Subchapter Q, concerning Industrial Solid Waste and Municipal Hazardous Waste. A public hearing on the proposal will be held January 23, 1996, at 10:00 a. m. in Room 254S of TNRCC Building E, located at 12100 North IH-35, Park 35 Technology Center, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion within the audience will not occur during the hearing; however, a TNRCC staff member will be available to discuss the proposal 30 minutes prior to the hearing and answer questions before and after the hearing. Written comments not presented at the hearing may be submitted to the TNRCC Office of Policy and Regulatory Development in Austin through February 2, 1996. Material received by the TNRCC Office of Policy and Regulatory Development by 4:00 p.m. on that date will be considered by the commission prior to any final action on the proposal. Please mail comments to Lisa Martin, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, and reference Rules Tracking Log Number 95174-120-AI. Please fax comments to (512) 239-4808. Copies of the revision are available from the Air Policy and Regulations Division, located at 12100 North IH-35, Park 35 Technology Center, Building F, Austin, and at all TNRCC regional offices. For further information, please contact Monica Pesek at (512) 239-1971. Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the agency at (512) 239-4900. Requests should be made as far in advance as possible. Issued in Austin, Texas, on December 20, 1995. TRD-9516596 Kevin McCalla Director, Legal Services Division Texas Natural Resource Conservation Commission Filed: December 20, 1995 Provisionally-Issued Temporary Permits to Appropriate State Water Listed are permits issued during the period December 5-18, 1995. Application Number TA-7582 by D.L. Lennon, Incorporated Contractor for diversion of three acre-feet in a one-year period industrial (highway construction, US 82) use. Water may be diverted from near the US 82 right of way, approximately four miles northwest of Bonham, Fannin County, Texas, Red River Basin. Application Number TA-7583 by Mitchell Energy Corporation for diversion of two acre-feet in a six-month period for mining (oil and/or gas well drilling) use. Water may be diverted from near the FM 2449 crossing of the Trinity River, approximately 3.5 miles east of Ponder, Denton County, Texas, Trinity River Basin. Application Number TA-7584 by Hass/Anderson Construction, Inc. for diversion of three acre-feet in a one-year period for industrial purposes. Water may be diverted from near the FM 629 and FM 136 crossings of the Aransas and Mission Rivers approximately 12 miles south of Refugio and nine miles south of Woodsboro, Refugio County, Texas, San Antonio-Nueces Coastal Basin. Application Number 7585 by Horace Owens for diversion of five acre-feet in a one-year period for mining purposes. Water may be diverted approximately 20 miles west of McAllen in Hidalgo County, Texas, Rio Grande Basin. Application Number TA-7586 by Hondo B and N Inc. for diversion of ten acre-feet in a one-year period for mining purposes (washing sand and gravel). Water may be diverted from near the FM 1631 crossing of Palo Alto Creek, approximately five miles east of Fredricksburg, Gillespie County, Texas, Colorado River Basin. Application Number TA-7587 by Dubose Drilling Co., Inc. for diversion of ten acre-feet in a three-month period for mining purposes. Water may be diverted from the Pecos River at the stream crossing of State Highway 349, approximately 68 miles west of Fort Stockton in Pecos County, Texas, Rio Grande Basin. Application Number TA 7588 by Gilbert Texas Construction Corporation for diversion of 9.82 acre-feet in a one-year period for industrial (road construction) for a one-year period of time in Brewster County, Texas, Rio Grande Basin. Application Number TA-7589 by Gilbert Texas Construction Corporation for diversion of 9.82 acre-feet in a one year period for industrial (road construction) use. Water may be diverted from the Rio Grande at FM 170, approximately 106 miles south of Alpine in Brewster County, Texas, Rio Grande Basin. Application Number TA-7590 by Smith and Co. for diversion of two acre-feet in a one-year period for industrial (highway construction US 190) use. Water may be diverted from a reservoir in the vicinity of the FM 2296 crossing of Winters Bayou, approximately seven miles southeast of Huntsville, Walker County, Texas, San Jacinto River Basin. Application Number TA-7591 by Smith and Co. for diversion of two acre-feet in a one-year period for industrial (highway construction FM 980) purposes. Water may be diverted from a reservoir in the vicinity of the FM 980 crossing of a unnamed tributary of the Trinity River, approximately 13.1 miles northeast of Huntsville, Walker County, Texas, Trinity River Basin. Application Number TA-7592 by Foremost Paving, Inc. for diversion of ten acre- feet in a one-year period for industrial (highway construction SH 72) purposes. Water may be diverted from the SH 72 crossing of the San Antonio River, approximately two miles west of Runge, Karnes, County, Texas, San Antonio River Basin. Application Number TA-7594 by Gilbert Texas Construction Corporation for diversion of eight acre-feet in a one-year period for industrial purposes. Water may be diverted from Double Mountain Fork just east of U.S. Highway 84, approximately 15 miles southeast of Post in Garza County, Texas, Brazos River Basin. The Executive Director of the TNRCC has reviewed each application for the permits listed and determined that sufficient water is available at the proposed point of diversion to satisfy the requirements of the application as well as all existing water rights. Any person or persons who own water rights or who are lawful users of water on a stream affected by the temporary permits listed and who believe that the diversion of water under the temporary permit will impair their rights may file a complaint with the TNRCC. The complaint can be filed at any point after the application has been filed with the TNRCC and the time the permit expires. The Executive Director shall make an immediate investigation to determine whether there is a reasonable basis for such a complaint. If a preliminary investigation determines that diversion under the temporary permit will cause injury to the complainant the commission shall notify the holder that the permit shall be cancelled without notice and hearing. No further diversions may be made pending a full hearing as provided in sec.295.174. Complaints should be addressed to Water Rights Permitting Section, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 239-4433. Information concerning these applications may be obtained by contacting the Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711, (512) 239-3300. Issued in Austin, Texas, on December 22, 1995. TRD-9516689 Gloria A. Vasquez Chief Clerk Texas Natural Resource Conservation Commission Filed: December 22, 1995 Regulatory Status of Mixtures of Water and Recyclable Petroleum Products This policy statement addresses the regulatory status of mixtures of water and unused petroleum products, such as gasoline, where the mixture contains recoverable product in a sufficient quantity to be recycled, and the product is recycled as a standard practice. Such mixtures may be generated as a result of routine tank maintenance, due to spills of unused product, through removal of petroleum-contaminated groundwater or surface water, or due to other circumstances. Under the Texas Natural Resource Conservation Commission's (commission's) rules, discarded materials that are recycled by being reclaimed are generally considered solid waste, and such materials are therefore subject to regulation by the commission (see 30 Texas Administrative Code (TAC) sec.335.1 (definition of solid waste)). Pursuant to its rules, however, the United States Environmental Protection Agency (EPA) does not consider certain listed commercial chemical products or off-specification commercial chemical products to be solid wastes when those products are recycled in a manner consistent with their normal use (see 40 Code of Federal Regulations, sec.261.33 (1994); 50 FR 14,219 (1985)). By analogy, the EPA has also indicated that it does not consider "non-listed" commercial chemical products or off-specification commercial chemical products to be solid wastes, as long as those products are recycled in accordance with their normal use (see 50 FR 14,219 (1985)). In informal guidance, the EPA has discussed the application of these principles in the context of mixtures of water and petroleum products. Under certain circumstances, these mixtures may constitute off-specification commercial chemical products that are not subject to Resource Conservation and Recovery Act (RCRA) regulation as solid wastes unless discarded. A June 14, 1991, letter opinion from EPA Assistant Administrator Don Clay states that "[t] o the extent that the mixing of product and water is unavoidable and the recovery of the product is a standard practice in the management of the off-specification product, RCRA does not apply." In order for a petroleum product/water mixture to be exempt from regulation as a solid waste, however, the EPA opinion cautions that the product must be recovered as part of a "legitimate recycling operation." For example, if no product can or will be recovered, the mixture should not be considered an off- specification commercial chemical product. Likewise, if a product/water mixture with a particular level of recoverable product is intentionally generated to avoid regulation of petroleum-contaminated water as a solid waste, then management of the mixture would not generally be considered part of a legitimate recycling operation. Similarly, a product/water mixture should probably be regulated as a solid waste if it is managed as a waste-like material, e.g., "placed in a surface impoundment or stored in tanks for an extended period of time," rather than as a valuable product. The EPA opinion further cautions that in the event of an enforcement action, any party claiming that a material is not a solid waste must be able to demonstrate that the conditions of the exclusion being claimed are met. For example, in this case, a party may be required to demonstrate that the off- specification product can and will actually be recovered. Also, a demonstration that the mixture of product and water was not generated to avoid regulation of the water alone as a hazardous waste may be required. The commission's rules specifically provide that respondents to an enforcement action who claim that a material is not a solid waste "must demonstrate that there is a known market or disposition for the material, and that they meet the terms of the exclusion or exemption." (See 30 TAC sec.335.1 (subparagraph (H) of definition of solid waste.)) Based on the available EPA guidance, the commission is interpreting the definition of solid waste in its rules and statutes as not including mixtures of water and unused commercial petroleum products where the mixture contains a recoverable amount of product that will be recovered in a timely manner as part of a legitimate recycling operation. After all recoverable product has been separated from the mixture, the remaining water must be managed in accordance with all applicable federal and state regulations. Issued in Austin, Texas, on December 20, 1995. TRD-9516620 Kevin McCalla Director, Legal Services Division Texas Natural Resource Conservation Commission Filed: December 21, 1995 Public Utility Commission of Texas Notice of Application to Amend Certificate of Convenience and Necessity Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on November 28, 1995, to amend a Certificate of Convenience and Necessity pursuant to sec.sec.1.101(a), 2.201, 2. 101(e), 2.252, 2.255, 3.252, and 3.254 of the Public Utility Regulatory Act of 1995. A summary of the application follows. Docket Title and Number: Joint Application of Gulf States Utilities Company and Houston Lighting and Power Company to Amend Certificated Service Area Boundaries within Montgomery County, Docket Number 15048 before the Public Utility Commission of Texas. The Application: In Docket Number 15048, Gulf States Utilities Company and Houston Lighting and Power Company requests approval of a joint application to revise current certificated service area boundaries within Montgomery County. Persons who wish to intervene in the proceeding or comment upon action sought, should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Suite 400N, Austin, Texas 78757, or call the Public Utility Public Information Division at (512) 458-0388, or (512) 458-0221 for teletypewriter for the deaf within 15 days of this notice. Issued in Austin, Texas, on December 20, 1995. TRD-9516582 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 20, 1995 Notices of Application in Compliance with Public Utility Regulatory Act of 1995, sec.3.311 Notice is given to the public of the filing with the Public Utility Commission of Texas, an application by Central Telephone Company of Texas on December 12, 1995, in compliance with the Public Utility Regulatory Act (PURA) of 1995, Texas Revised Civil Statutes Annotated Article 1446c-0, sec.3.311, Hunting Service. A summary of the application follows. Tariff Title and Number: Application of Central Telephone Company of Texas for Tariff Revisions Regarding Hunting Service Pursuant to the Public Utility Regulatory Act of 1995, sec.3.311. Tariff Control Number 15122. The Application: Central Telephone Company of Texas seeks approval to revise its General Customer Services Tariff to comply with the Public Utility Regulatory Act of 1995, sec.3.311, Hunting Service to be handled in accordance with PURA, sec.3.212, Changes by Local Exchange Companies; Hearings; Suspension of Proposed Changes. Central Telephone Company of Texas' application affects regulation only; charges and/or rates are not affected. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, 7800 Shoal Creek Boulevard, Austin, Texas 78757, or call the Public Utility Commission Consumer Affairs Section at (512) 458-0223, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on December 22, 1995. TRD-9516684 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 22, 1995 Notice is given to the public of the filing with the Public Utility Commission of Texas, an application by United Telephone Company of Texas, Inc. on December 12, 1995, in compliance with the Public Utility Regulatory Act of 1995, Texas Revised Civil Statutes Annotated Article 1446c-0, sec.3.311, Hunting Service. A summary of the application follows. Tariff Title and Number: Application of United Telephone Company of Texas, Inc. for Tariff Revisions Regarding Hunting Service Pursuant to the Public Utility Regulatory Act (PURA) of 1995, sec.3.311. Tariff Control Number 15123. The Application: United Telephone Company of Texas, Inc. seeks approval to revise its Local and General Exchange Tariffs to comply with the Public Utility Regulatory Act of 1995, sec.3.311, Hunting Service to be handled in accordance with PURA, sec.3.212, Changes by Local Exchange Companies; Hearings; Suspension of Proposed Changes. United Telephone Company of Texas, Inc.'s application affects regulation only; charges and/or rates are not affected. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, 7800 Shoal Creek Boulevard, Austin, Texas 78757, or call the Public Utility Commission Consumer Affairs Section at (512) 458-0223, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on December 22, 1995. TRD-9516685 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 22, 1995 Notice of Intent to File pursuant to Public Utility Commission Substantive Rule 23.27 Notice is given to the public of the intent to file with the Public Utility Commission of Texas an application pursuant to Public Utility Commission Substantive Rule 23.27 for approval of customer-specific PLEXAR-Custom Service for Pampa ISD, in Pampa, Texas. Tariff Title and Number. Application of Southwestern Bell Telephone Company for PLEXAR-Custom Service for Pampa ISD pursuant to Public Utility Commission Substantive Rule 23.27. Tariff Control Number 15148. The Application. Southwestern Bell Telephone Company is requesting approval of a 75-station addition to the existing PLEXAR-Custom service for Pampa ISD. The geographic service market for this specific service is the Pampa, Texas area. Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, at 7800 Shoal Creek Boulevard, Austin, Texas 78757, or call the Public Utility Commission Consumer Affairs Division at (512) 458- 0256, or (512) 458-0221 for teletypewriter for the deaf. Issued in Austin, Texas, on December 22, 1995. TRD-9516683 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 22, 1995 Notice of Proposed Revisions to the Annual Earnings Report The staff of the Public Utility Commission of Texas (PUC) is proposing several revisions to the annual Earnings Reports required under 16 Texas Administrative Code sec.23.11(o) and sec.23.12(b)(2). Pursuant to 16 Texas Administrative Code sec.22.80, notice of this proposed change is being published for purposes of inviting public comment on the proposed revisions. After public comment has been received, the PUC staff will make a recommendation for consideration by the Commission in open meeting. If approved by the Commission, the changes would become effective beginning with the Earnings Reports for calendar year 1995 which are due to be filed in May 1996. Persons wishing to comment on the proposed revisions should submit four copies of any written comments by Tuesday, January 16, 1996. Written comments should make clear reference to Project Number 13538 (Revision of PUC Earnings Reports) and should be addressed to Richard Greffe, Financial Review Division, Public Utility Commission of Texas, 7800 Shoal Creek Boulevard Austin, Texas 78757. After all written comments have been received, the PUC staff will prepare a written summary of the comments and a recommendation for consideration by the Commission. A copy of the staff summary and recommendation, as well as all written comments received, will be available for review in the PUC Central Records office prior to final consideration by the Commission in open meeting. In the opinion of the PUC staff, the most significant changes being proposed to the Earnings Reports are as follows: Changes Common to all PUC Earnings Reports The instructions to each report would be modified to specify the abbreviated filing requirements for companies with pending rate cases, as authorized pursuant to Texas Administrative Code sec.23.12(b)(2)(C). A list of the general questions and schedules that would be deleted from the abbreviated reports, as well as a listing of all proposed changes to the Earnings Reports, may be obtained by contacting the PUC Financial Review Division or the PUC Central Records office (Project Number 13538). Earnings Report for Telephone Utilities 1. General Question 19, which requires projected financial information for telephone cooperatives, would be deleted. 2. General Questions 20b, 20c, and 20d pertaining to federal income taxes would be deleted. 3. A Schedule would be added seeking disclosure of any extraordinary or non- recurring items included in the Earnings Report and Questions would be added related to the adoption of Statement of Financial Accounting Standards (SFAS) numbers 101 or 121 and the discontinuance of application of SFAS number 71. 4. The rate of return calculation performed in Part A of Schedule VIII would be deleted, while the calculation performed in Part B would be moved to the bottom of Schedule II. 5. Schedules IIIb and IIIc pertaining to federal income taxes would be deleted. Earnings Report for Electric Investor-Owned Utilities 1. General Questions 10d and 10e would be modified to require information on a total electric basis instead of a total company basis. 2. A Schedule would be added seeking disclosure of any extraordinary or non- recurring items included in the Earnings Report, and Questions would be added related to the adoption of Statement of Financial Accounting Standards (SFAS) numbers 101 or 121 and the discontinuance of application of SFAS number 71. 3. A General Question would be added seeking disclosure of any events or transactions which have taken place during or after the monitoring period which have impacted total company revenues or invested capital by more than 5. 0%. 4. The rate of return calculation performed in Part A of Schedule V would be deleted, while the calculation performed in Part B would be moved to the bottom of Schedule III. 5. Schedules XI.2a, XI.2b, and XI.2c pertaining to monthly total revenues (base and fuel combined) would be deleted. 6. Schedules IVb and IVc pertaining to federal income taxes would be deleted. 7. A Schedule would be added showing the number of customers taking service under discounted rates, the base revenues collected pursuant to discounted rates, and the base revenues that would have been collected absent the rate discount at the same sales level. Earnings Report for Electric Cooperatives and River Authorities 1. General Question 9 pertaining to projected financial data would be deleted. 2. General Questions 10f and 10g would be revised to require information on a total electric basis instead of a total company basis. 3. A Schedule would be added showing the number of customers served and the annual sales and revenue by customer class for the monitoring period, using the same customer classification as used in the Rural Utility Service (RUS) Form 7 report. 4. A Schedule would be added seeking disclosure of any extraordinary or non- recurring items included in the Earnings Report, and questions would be added related to the adoption of Statement of Financial Accounting Standards (SFAS) numbers 101 or 121 and the discontinuance of application of SFAS number 71. 5. A General Question would be added seeking disclosure of any events or transactions which have taken place during or after the monitoring period which have impacted total company revenues or invested capital by more than 5. 0%. Issued in Austin, Texas, on December 21, 1995. TRD-9516648 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 21, 1995 Request for Comments The Public Utility Commission of Texas plans to hold two workshops in January 1996 as a part of its continuing project relating to stranded costs or excess costs over market (Project Number 15001). The first workshop, concerning the lost revenues (LR) approach to analyzing potential stranded investment, will be held on January 17, 1996. The second, concerning the excess costs over market (ECOM) approach to analyzing potential stranded investment, will be held on January 30, 1996. Both workshops will be held at the commission from 10:00 until 4:00. The commission recognizes that potential lost revenues (LR) and excess costs over market (ECOM) are two different tools which can be used to analyze aspects of problems associated with potential stranded investment in a transition to competitive generation markets in the electric power industry. The lost revenue approach identifies the financial burden caused by allowing load to leave an incumbent's system on an incremental basis. The ECOM approach emphasizes a method to quantify and provides a solution for potential stranded investment in a manner that does not depend on who defects from the utility's system. The commission is seeking responses from interested persons to the following questions: Lost Revenues 1. What type of model should be used? 2. What are the key variables to include in the model? 3. What assumptions are integral to the model? 4. What are the scenarios that should be modeled? 5. What is the appropriate standard format for the output of the models? 6. What are the alternative methods of determining the market price of generation? 7. How would a true-up mechanism work in a lost revenue approach to stranded investment? ECOM 1. What method should be used to calculate ECOM? 2. What data is needed to calculate ECOM? 3. Is ECOM limited to generation ECOM? 4. What other costs should, or should not, be considered in the calculation of ECOM? 5. Should undervalued assets be included in a determination of ECOM? Why or why not? 6. How should market value/cost be expressed? Dollars per MW, dollars per KWH, replacement cost of capacity? 7. In as asset-by-asset approach, how are differences in efficiency accounted for on a going-forward basis? Interested persons may provide the commission with their written responses to these questions by filing them with the filing clerk of the commission at 7800 Shoal Creek Boulevard, Austin, Texas 78757. Each set of comments must be accompanied by an executive summary of no more than two pages. Responses to lost revenue questions are to be filed by January 10. Responses to ECOM questions are to be filed by January 23. Both sets of responses should refer to Project Number 15001. Parties to this project wishing to exchange copies of their responses with other responding parties should notify Lucila Etheridge at the commission at 512-452-0327, by January 2. Ms. Etheridge will advise the exchanging parties on January 5 of the number of copies needed for the exchange. The commission will coordinate the exchange of responses on the days they are due. Issued in Austin, Texas, on December 22, 1995. TRD-9516663 Paula Mueller Secretary of the Commission Public Utility Commission of Texas Filed: December 22, 1995 Railroad Commission of Texas Public Comment Hearings on Proposed Rail Merger In January, 1996, the Railroad Commission of Texas will hold public meetings in Fort Worth, Corpus Christi, and Houston, Texas, to hear public comment concerning Union Pacific Corporation's proposed acquisition of Southern Pacific Rail Corporation. The meetings will be held as follows: 1. Tuesday, January 9, 1996, at 2:00 p.m. in the Ground Floor Lobby of the Texas and Pacific Building, 1600 Throckmorton, Fort Worth, Texas. The agenda will be as follows: 2:00 p.m.-Opening remarks by Chairman Rylander, Commissioner Williamson, and Commissioner Matthews. 2:15 p.m.-Presentation by Railroad Commission staff. 2:30 p.m.-Comments from public officials and members of the public. At conclusion of public comments-Closing comments by Chairman Rylander, Commissioner Williamson, and Commissioner Matthews; adjournment. 2. Wednesday, January 10, 1996, at 1:00 p.m. in the City Council Chambers, 1201 Leopard Street, Corpus Christi, Texas. The agenda will be as follows: 1:00 p.m.-Opening remarks by Chairman Rylander, Commissioner Williamson, and Commissioner Matthews. 1:15 p.m.-Presentation by Railroad Commission staff. 1:30 p.m.-Comments from public officials and members of the public. At conclusion of public comments-Closing comments by Chairman Rylander, Commissioner Williamson, and Commissioner Matthews; adjournment. 3. Thursday, January 11, 1996, at 2:00 p.m. in the Harris County Commissioners' Courtroom, Harris County Administration Building, 1001 Preston, Houston, Texas. The agenda will be as follows: 2:00 p.m.-Opening remarks by Chairman Rylander, Commissioner Williamson, and Commissioner Matthews. 2:15 p.m.-Presentation by Railroad Commission staff. 2:30 p.m.-Comments from public officials and members of the public. At conclusion of public comments-Closing comments by Chairman Rylander, Commissioner Williamson, and Commissioner Matthews; adjournment. The commission will hear oral comments from public officials and from members of the public who have signed in at the door. To afford all interested persons an opportunity to comment, speakers will be limited to approximately three minutes each. The commission will also accept written comments. While any interested person may appear and offer comments, questioning for those making presentations will be reserved exclusively for the commissioners as may be necessary to ensure a complete record. While any person with pertinent comments will be granted an opportunity to present them during the course of the hearing, the commissioners reserve the right to restrict comments in terms of time and repetitive content. Organizations, associations, and groups are encouraged to present their commonly held views and identical or similar comments through a single representative member where possible. Presentations must remain pertinent to the issue being discussed. A person may not assign a portion of his or her time to another speaker. A person who disrupts a public hearing must leave the hearing room if ordered to do so by the presiding commissioner. Any person with a disability who needs auxiliary aids and/or services in order to have an equal opportunity to communicate and participate effectively in this public hearing must request such aids or services by 3:00 p.m., Friday, January 5, 1996, by notifying the Personnel Office of the Railroad Commission by mail at P.O. Box 12967, Austin, Texas 78711-2967 or by telephone at (512) 463-7327 or TDD Number (512) 463-7284. Issued in Austin, Texas, on December 22, 1995. TRD-9516716 Mary Ross McDonald Acting General Counsel Railroad Commission of Texas Filed: December 22, 1995 Texas Department of Transportation Public Hearing Notice The Texas Department of Transportation publishes this notice for informational purposes only. In accordance with Title 49, Code of Federal Regulations, Part 23, recipients of federal-aid funds authorized by the Intermodal Surface Transportation Efficiency Act of 1991, are required to establish Disadvantaged Business Enterprise (DBE) Programs. Section 106(C) provides that except to the extent the Secretary of Transportation determines otherwise, not less than 10% of the amount authorized to be appropriated under the Intermodal Surface Transportation Efficiency Act of 1991 shall be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals hereinafter referred to as DBEs. Accordingly, the department has submitted and received approval from the Federal Highway Administration, Federal Transit Administration, and the Federal Aviation Administration to establish a goal of 15% DBE participation for Fiscal Year 1996. The methodology for establishing the 15% DBE goal for Fiscal Year 1996 is based on the following criteria: 1. Projection of the number and types of contracts to be awarded; 2. Availability of DBEs to compete for contracts projected to be awarded in Fiscal year 1996; and 3. Past results of the department's efforts to contract with DBE firms. The department establishes the following Historically Underutilized Businesses (HUB) goals as adopted by the General Services Commission in Title 1, Texas Administrative Code, sec.sec.111.13-111.24 for state-funded contracts in Fiscal Year 1996: 1. 11.9% for heavy construction other than building contracts; 2. 26.1% for all other building construction, including general contractors and operative builders contracts; 3. 57.2% for all special trade construction contracts; 4. 20% for professional services contracts; 5. 33% for all other service contracts; and 6. 12.6% for commodities contracts. The DBE goals and methodology for establishing the DBE goals are available for inspection at the offices of the Texas Department of Transportation, Business Opportunity Office (BOP), 125 East 11th Street, Austin, Texas 78701, Attention: Efrem Casarez, (512) 463-8870. Any written comments regarding the DBE and HUB Programs will be accepted through February 2, 1996. These comments may be sent to the Texas Department of Transportation, at the previously stated address. Issued in Austin, Texas, on December 22, 1995. TRD-9516665 Robert E. Shaddock General Counsel Texas Department of Transportation Filed: December 22, 1995