Message Information 2G12Jtj[ 19 ?11O : 17

ATTENTION DOCKET ID NO. EPA-HO OAR-2008-0476 

# RECEi\/F

July 17, 2012
Ms. Lisa Jackson
Administ:rator of USEPA USEPA Headquarters 12000 Pennsylvania Avenue, N.W.
Mail Code: 1IO1A Washington, DC 20460

RE: ATTENTION DOCKET ID NO. EPA-HQOAR-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 Look Local Wise County Task Force, Wise County, Texas, please accept this letter with attached Look Local Wise County Task Force Resolution No. I as official notice of request for re-review and reconsideration of your Conclusion Decision to add Wise County to the DFW Areanonattainment designation.

We do not believe that Wise County's inclusion was based upon valid scientific evidence and would invite the EPA to use hard data, rather than unreliable modeling, to reach its conclusions.

Phil Major
President Look Local Wise County Task Force
P0 Box 2253 Decatur, Wise Count y , Texas 76234

Cc List: attached:
I ackson.hsa@Epa.gov McCarthv.gina@Epa.gov Colemansam@Epa.gov Edlund.carl@Epa.gov Dona1dsongiiv@Epa.gcy Kay.granger@mail.housgoy Chance.McNeelv@mail.house.gov Tateieid@mailhouse.gqy tschirmer@gov.state.tx.us Greg.abbott@txattorneygeneral.gov Craigestessciate.stateJus

Diannehelms@senate.state.tx.us

Caleb.troxclair@house.state.tx.us Phi1.king@house.state.ty.us Brvanshaw@tceg.texas gov Zak.covar@tceg.texas.gov Steve.hagle@tccg.texas.gov Donna.huff@tceg.texas.gov Davjd.b1met@tcq.texgQI meastland@nctcog.org bill.mcelhaney@co.wise.tx.us krnccomis@citvofirndgeport.net bemmons@citvofbridgeport.net wmyers@bndgeportedc.com jadams@decatur-edccom martin.woodruff(embargmail.com bshannon@decaturtx.org

EPA resolution.doc

OEX Processing Information

### LOCAL WISE COUNTY TASK FORCE WISE COUNTY, TEXAS

RESOLUTION IN OPPOSITION OF THE CONCLUSION BY THE ENVIRONMENTAL PROTECTION AGENCY (EPA) TO DESIGNATE WISE COUNTY, TEXAS AS AN ADDITION TO THE DALLAS-FORT WORTH AREA NAAQS 2012 EIGHT-HOUR OZONE

NONATTAINMENT AREA

In the matter of the United States Environmental Protection Agency (EPA) Responses to State and Tribal 2008 Ozone Designation Recommendations and its conjunctive conclusive decisions made from the EPA final "2012 Spring Review" of said 2008 Ozone Designation Recommendations in regards to ATTENTION DOCKET ID NO. EPA-HQ-OAR-2008-0476, the Look Local Wise County Task Force, Wise County, Texas, respectfully submits this vigorous 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, Look Local Wise County Task Force 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, On or about May 1, 2012, the Environmental Protection Agency (EPA) announced that Wise County, Texas, is to be designated as an addition to the present nine (9) county Dallas-Fort Worth (DEW) Area list of designated nonattainment of the 2008 eight-hour ozone standard; andWHEREAS, On October 31, 2011, the Texas Commission on EnvirDnmental

Quality (TCEQ) recommended to the appropriate EPA departments, with supporting technical documentation, as to why Wise County should not be designated as part of the DEW non-attainment area; and

WHEREAS, From October 2011 through February 2012 and during the EPA's designated public comment period, Wise County and the TCEQ presented the EPA with additional support documentation which clearly demonstrates that the EPA's assessment of it own emission and meteorological factors (EPA's Factor 2' Emissions and Emissions-Related Data) were either ignored, incorrect, and/or did not include revised TCEQ scientific and monitoring data, including TCEQ report revisions related to the oil and gas sector pneumatic emissions for the Periodic Emissions Inventory; and

WHEREAS, According to EPA data, Wise County's minute 2010 population was 59,127, (or only approximately 0.95% of the current nine county DEW non-attainment population of approximately 6.2 million) and Wise County's 2008 vehicles miles traveled (VMT) of 969 million miles compared to the DEW area's 61,900 million (61 .9 Billion) VMT reasons that it would be highly unexpected that VMT emissions for Wise County would have any significant contribution to DFW ozone-formation.; and

WHEREAS, Data from the EPA's Factor 3: Meteorology (weather/transport patterns for the DFWArea), clearly shows that prevailing winds are from the east and southeast, meaning that Wise County is usually downwind of the DEW urban plume and unlikely to contribute to high ozone values (There are currently no ozone monitors located within Wise County) and given the DFW area's large population, automobile fleet, and variety of industry, the DEW area produces enough emissions on its own to result in a high ozone day - without the contributions of any of Wise County's factor numbers of population, VMT, and oil and gas activities.; and

WHEREAS, under the TCEQ's Supplemental Analysis on Factors 2; Emissions and Emissions Related Data and Factor 3: Meteorology (weather/transport patterns) for the DEW 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 EPA did not use the updated oil and gas sector pneumatic emissions being submitted by the TCEQ 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 Look Local Wise County Task Force has concluded from all the noted information and attached reports reviewed in other Analysis and Reports, along with the stated comments and conclusions as contained herein, that the EPA has not provided the citizens of 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 DEW 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 otherstakeholders 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, the Look Local Wise County Task Force 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 respecifully requesting reconsideration of the EPA 2012 designation of inclusion of Wise County, Texas into the Dallas-Fort Worth Area (DFW) Nonattainment Regional Area; and

WHEREAS, a nonattainment designation would impose unwarranted significant economic ramifications on members of the Look Local Wise County Task Force, and citizens of 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 LOOK LOCAL WISE COUNTY TASK FORCEOF, WISE COUNTY, TEXAS:

Section 1. The Look Local Wise County Task Force strongly and respecifully

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 Look Local Wise County Task Force 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 Look Local Wise County Task Force 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.

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 Board of Directors of the Look Local Wise County Task Force to be in effect immediately upon its adoption; said Directors being: Phil Major, Cyd Bailey, Carey Williams, William Myers, Jocly Adams, Tiffany Evans, Lisa Caraway, Frieda Haley, Amber Fogelman, Joe Neil Henderson, Amanda Williams, Debroah Mann, Susan Miller, Caleb Lahue.

I, the undersigned, do hereby certify that this ORDER was resolved and adopted by the attending Look Local Wise County Task Force Directors, so named hereinabove, and, thus PASSED AND APPROVED in a regular Look Local Wise County Task Force Directors' Meeting this 17th day of July, 2012.

Phil Major, President Look Local Wise County Task Force Wise County, Texas