August 7, 2012

Ms. Lisa Jackson Administrator of USEP A USEP A Headquarters 12000 Pennsylvania Avenue, N.W. Mail Code: 1101A Washington, DC 20460 

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P.O. BOX216 100 E. ROCK ISLAND AVE. 

### BOYD, TEXAS 76023 940-433-5166



### RE: ATTENTION DOCKET ID NO. EPA-HQ_OAR-2008-0476.
RESOLUTION OPPOSITION WITH REQUEST FOR RECONSIDERATION AND CALL FOR CONGRESSIONAL INTERVENTION IN THE MATTER OF WISE COUNTY, TEXAS BEING DESIGNATED AS MEMBER OF DALLAS-FORT WORTH (DFW) AREA NAAQS 2012 EIGHT HOUR OZONE NONATTAINMENT AREA.

DirectorJackson:

On behalf of the City ofBoyd, Boyd, Wise County, Texas, please accept this letter with attached City of Boyd Resolution 2012

- 8 as official notice ofrequest for re-review and reconsideration ofyour Conclusion Decision to add Wise County to the DFW Area nonattainment designation.

# Re**72~~ Br** **LIII!~** Mayor City of Boyd Boyd, Wise County, Texas

Cc List: Attached

### CITY OF BOYD BOYDj TEXAS, WISE COU NTY, TEXAS
RESOLUTION NO.**2012 8**  

### RESOLUTION IN OPPOSITION OF THE CONCLUSION 

## BY THE ENVIRONMENTAL PROTECTION 

## AGENCY {EPA) TO DESIGNATE WISE COUNTY, 

## TEXAS AS AN ADDITION TO THE 

### DALLASmFORT WORTH AREA NAAQS 2012 EIGHT-HOUR OZONE NONATTAINMENT AREA



### The City of 

### Boyd, Boyd, Wise County, Texas, respectfully submits this Resolution of Protest to the EPA and associated Administrative Officials, along with a Call for warranted United States Congressional Intervention of the EPA 

## 2012 designation of inclusion of Wise County, Texas into the Dallas-Fort Worth Area (DFW) 

### Nonattainment Regional Area.**--- ----** **-- ~-** **--- --** **-- --** **-- --** **~** 

### With this Resolution of Protest, City of Boyd requests 

## a full re

.. review by the EPA of the Technical Analysis Support Documentation and other associated Scientific Facts as were duly and timely submitted during the called EPA Comment Periods, by both Wise County and the Texas Commission on Environmental Quality (TCEQ)

. Thus, 

### the basis of this Resolution with 

### call for review is 

### formulated on justification of the previous actions and is 

### so cited as 

### being as follows:

WHEREAS, the Environmental Protection Agency (EPA) Executive Director and certain other EPA Officials have submitted the Executive**Director~s** Conclusion Document as being announced on or about the 

### 1st day of May, 

### 2012, which includes the Conclusion statement that Wise County, Texas (Wise County) is to be designated as an addition to the present nine (9) county Dallas-Fort Worth (DFW) Area list of designated nonattainment of the 

### 2008 eight-hour ozone standard, listed by air quality planning area; and WHEREAS, on October 31, 2011, the TCEQ submitted to the appropriate 

### EPA departments and officials its recommendations fol' designation of areas in Texas with regard to the 

### 2008 National Ambient Air Quality Standard (f'-JAAQS)fo r ei g ht-ho ur oz on e of 0

.07 5 pa rts per mi l lion , wh ich in cl ud ed th e recommen d ati on, along wi th assoc iated Tech nical Analysis Sup port Doc umentation that provi de d the E PA an enormo u s amount of writte n an d illustrated justifi cation as to wh y W ise Coun ty shoul d 

## not be designated within the nonattainm e nt area; an d WHEREAS, throughout the follow ing months throug h Februa ry, 201 2, an d du ri ng the E P/>.' s designated Public Comment t ime period, Wi se Co u nty an d the TCEQ presented the EPA with add itional follow- up information an d support documentation which clearly demonstrated that the EPA's assessments of its own Factors (and especiall y EPA's Factor 2: Emissions and Emissions-Related Da t a) we re in g ross e rror , and di d not include those certa in essential scientific and monitored TCEQ report revisions related to the oil and gas sector pneumatic emissions for the Periodic Emiss ions Inventory; and WHEREAS , under EPA's Factor 2: Emissions and Emissions

-Related Data , it is apparent that the EPA ignored Wise County's minute 2010 population of 59 , 127 as compared to the DFW nonattainment area population of approximately 6.2 million people, along with Wise County's 2008 Vehicle Miles Traveled (VMT) being at 969 million miles as compared with an area-wide VMT of 61

.9 billion miles , thus, by any true reasoning , it would be unexpected that these type emissions to have any significant contribution to ozone formation ; and
WHER EAS, under EPA ' s Factor 3: Meteorology (weather/transport patterns for the DFWArea), in summary of the data and information previously provided by the TCEQ and Wise County, it is also apparent that the EPA either e rred and/or ignored the facts that the DFW area typically experiences high ozone on days that are warm , sunny , winds either from the east or southeast, or slow wind speeds ; Which means that Wise County is usually downwind of the DFW urban plume and unlikely to contribute to high ozone values at the location of analyzed ozone monitors in neighboring counties (W ise County has no monitors located within Wise County) G iven th e DFW a rea's large pop u lat io n, automobile fleet, and variety of industry, the DF W area produces enough emissions on its own volitions to result in a high ozone day when stated meteorological conditions a re favorable- without the contributions of any of Wise County's factor numbers of population, VMT, and oil and gas activities; and 

### WHEREAS, unde r the TCEO 's Supplementa l Anal y sis on 

### Factor s 2; Emissions and Emissions Related Data and Factor 3: Meteorolog y (weather/ transport patterns) for t he D FW are a, the TC EQ util ized an addi t iona l modeling tool , Comprehensive A i r Quality Mode l wi th ext ensions (CA Mx) Anthropogenic Precursor Culpability Assessment (APCA) as addi t ional co mp lemen t ary informat ion to the meteorolog y and em issio ns facto rs. T he TCEQ d id not use the upd ate d o il an d ga s se c to r pne umat ic em issi ons be in g s u bm itted by the TCEO in Octobe r 2011 to the EPA fo r Pe riodic Emi ssio ns In vento ry from sci e ntific a nd tec hnical mode ling and so u rce apportionm e nt analys is as p rovid ed, 

### and therefore the VOC emissions as calculated by the stated

### resources/analysis methods are most likely overestimated in the modeling; and WHEREAS, the City of Boyd fully agrees with and supports Wise County Judge Bill McElhaney' s previous comments to the EPA, including scientific and technical data, other pertinent information , and the June 15, 2012 , Resolution of the Wise County Commissioners Court respectfull y requesting re -consideration of the EPA 2012 designation of inclusion of W ise County, Texas into the DallasFort Worth Area (DFW) Nonattainment Regional Area

. WHEREAS, the City of Boyd has concluded from all the noted information and attached reports reviewed in other Analysis an d Reports received in prior 

### correspondence, along with the stated comments and conclusions as contained herein, that the EPA has not provided Wise County a sufficient and accurate review of the evidence and data as submitted by Wise County and the TCEQ to support its conclusive decision to add Wise County to the designated nonattainment area of DFW Region, and therefore has denied, with prejudice, a lawful offer or opportunity to interact and work together with Wise County's local government officials , the State of Texas TCEQ, industry leaders, Economic Development Boards , Chambers of Commerce , and other stakeholders of Wise County in regards to EPA's air quality monitoring 

### I decision making process, nor has EPA directly shared its specific data and justification leading to said Conclusion to place Wise County in the nonattainment region with no rebuttal process; and , WHEREAS, a nonattainment designation would impose unwarranted significant economic ramifications on members of the , citizens of the Boyd Area, and Wise County in general , and that it is clear that EPA lacks sufficient scientific data to justify this Conclusion decision in regards to Wise County's inclusion designation ;

NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY OF BOYD OF BOYD, TEXAS, WISE COUNTY, TEXAS: 

### Section 1. City of Boyd respectfully requests that the EPA Director and other Congressional Officials remove Wise County from its Conclusion list of designated nonattainmen t Counties within the DFW Area immediately, being for those reasons and associated justification so stated within this Resolution.
Section 2. The Ci ty of Boyd recognizes the benefits of Wise County governments and leadership working w ith the Texas Commission on Environmental Quality (TCEQ) and to develop and implement plans, policies, programs and 

### projects to improve the air quality in the Dallas-Fort Worth Metropolitan Area a nd comply w ith EPA re g ulat io ns

.

### Section 3. The City of Boyd affirms its full support for Wise County governments to work with the TCEQ and EPA in apprising and determining true present and future statuses of air quality in Wise County, Texas.


### Section 4

. This resolution will also be transmitted to the TCEQ Commissioners , the Governor of the State of Texas , the North Central Texas Council of Governments, other Entities and concerned stakeholders of Wise County; and all of Wise County's Honorable Federal and State Legislative Representatives.


### Section 5

. This resolution was voted upon and unanimously approved by the Boyd City Council of the City of Boyd to be in effect immediately upon its adoption; said Directors being: Mayor Brent Wilson , Council Members Norman Pickett, Crystal Keiper, Rodney Scroggins , Rodney Holmes and Gary Brown

I, the undersigned, do hereby certify that this ORDER was resolved and adopted by the attending City of Boyd Directors , so named hereinabove, and, thus PASSED AND APPROVED in a regular scheduled City Council Directors' Meeting this 7th day of 

### August , 2012.



### By: 

### Britnt Wilson Mayor City of Boyd 

### Wise County, 

### Texas



### Attes/

# r·**~·S) tri:!JliAtl**  M. '·**Jdy P~'tterson,**  City 

### Secreta ry 

### City of Boyd Boyd, 

### Wise County, Texas