August 7, 2012 

Ms. Lisa Jackson 

Administrator of USEP A 

USEP A Headquarters 

12000 Pennsylvania Avenue, N.W. 

Mail Code: 1101A 

Washington, DC 20460 

Otyof 

d 

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. 

Director Jackson: 

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

Boyd Resolution 2012-8 as official notice of request for re-review and reconsideration of your Conclusion 

Decision to add Wise County to the DFW Area nonattainment designation. 

Re72~~ 

BrLIII!~ Mayor 

City of Boyd 

Boyd, Wise County, Texas 

Cc List: Attached 
CITY OF BOYD 

BOYDj TEXAS, WISE COUNTY, 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) 
for eight-hour ozone of 0.075 parts per million, which incl uded the 

recommendation, along with associated Technical Analysis Support 

Documentation that provided the EPA an enormous amount of written and 

illustrated justification as to why Wise County should not be designated within 

the nonattainment area; and 

WHEREAS, throughout the following months through February, 201 2, and 

during the EP/>.' s designated Public Comment time period, Wise County and the 

TCEQ presented the EPA with additional follow-up information and support 

documentation which clearly demonstrated that the EPA's assessments of its 

own Factors (and especially EPA's Factor 2: Emissions and Emissions-Related 

Data) were in gross error, and did not include those certain essential scientific 

and monitored TCEQ report revisions related to the oil and gas sector 

pneumatic emissions for the Periodic Emissions 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 

WHEREAS, under EPA 's Factor 3: Meteorology (weather/transport 

patterns for the DFW Area), in summary of the data and information previously 

provided by the TCEQ and Wise County, it is also apparent that the EPA either 

erred 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 (Wise County has no 

monitors located within Wise County) Given the DFW area's large population, 

automobile fleet, and variety of industry, the DFW area produces enough 

emissions on its own volitions to result in a high ozone day when stated 

meteorological conditions are favorable- without the contributions of any of 

Wise County's factor numbers of population, VMT, and oil and gas 

activities; and 

WHEREAS, under the TCEO's Supplemental Analysis on Factors 2; 

Emissions and Emissions Related Data and Factor 3: Meteorology 

(weather/transport patterns) for the DFW area, the TCEQ utilized an additional 

modeling tool , Comprehensive Air Quality Model with extensions (CAMx) 

Anthropogenic Precursor Culpability Assessment (APCA) as additional 

complementary information to the meteorology and emissions factors. The TCEQ 

did not use the updated oil and gas sector pneumatic emissions being submitted 

by the TCEO in October 2011 to the EPA for Periodic Emissions Inventory from 

scientific and technical modeling and source apportionment analysis as provided, 

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 respectfully requesting re-consideration 

of the EPA 2012 designation of inclusion of Wise 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 and 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 nonattainment Counties within 

the DFW Area immediately, being for those reasons and 

associated justification so stated within this Resolution. 

Section 2. The City of Boyd recognizes the benefits of Wise County 

governments and leadership working with 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 and comply with EPA regulations. 
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 Secretary 

City of Boyd 

Boyd, Wise County, Texas