CITY OF CHICO 

400 South Hovey Street

Chico, Texas 76431 

Ms. Lisa Jackson 

Administrator of USEPA 

USEPA Headquarters 

12000 Pennsylvania Avenue, N.W. 

Mail Code: hUlA 

Washington, I)C 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 City of Chico, Wise County, Texas, please accept this letter with attached Chico City 

Council Resolution 07-2012-1 as official notice of request for re-review and reconsideration of your 

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

J.

 D. Clark 

Mayor 

City of Chico 

Wise County, Texas 

Jackson.lisa@Uipa.gov

McCartIw.ginaEpa.gov

Coleman. sam@Epa.gov

Edllund.cail).Epa.gov 

1)ona1dson.guv(Epa.gov

I(av.granger(i).mail.house.gov 

lohn cornvn(icornvn.senate.gov

Chance.McNee1cy(ii),mai1.housc.gov

Tatc.reid@mail.house.gov

tschirmer(gov.state.tx.us

Greg.abbotttxattorneygenera1.gov

Craig.estessenate. state. tx. us 

1)iane.hc1ms(senate.state,tx.us 

Calcb.troxclair(ahouse.state.tx.us

Phil.king(house. statc.tx. us 

Brvan.shaw(tccqrexas.gov

Zak.covar(jtccc1. texas.gov

Sreve.hag1e(a).tce.texas.gov 

I)onna.huff(àtceg.tcxas.gov

I)avid.brvmer(a)tccg.texas.gov

meastIand(i).nctcog.org 

1)1lI.mce1hanev(?ico.w1se. tx.us
Lisa Jackson, Administrator 

USEPA Headquarters 

Arid Rios Building 

1200 Pennsylvania Avenue, N. W. 

Mail Code: 1101: 

Washington, DC 20460 

ackson.hsa(Epa.gov

Gina McCarthy, Assistant Administrator 

USEPA Headquarters 

Ariel Rios Building 

1200 Pennsylvania Avenue, N. W. 

Mail Code: 6101A 

Washington, DC 20460 

McCarthv.einaui).Epa.gov 

Sam Coleman, Regional Administ 

IJSEPA REGION 6 

1445 Ross Avenue 

Suite 1200 

Mail Code: 6RA 

Dallas, TX 75202-2733 

Coleman. samEpa.gov Carl Edlund 

USEPA REGION 6 

1445 Ross Avenue 

Suite 1200 

Mail Code: 6PD 

Dallas, TX 75202-2733 

Edlund.carl@Epa.gov

Guy Donaldson 

USEPA REGION 6 

1445 Ross Avenue 

Suite 1200 

Mail Code: 6PD 

Dallas, TX 75202-2733 

Donaldson.guv(Epa.gov

United States Congress 

The Honorable Kay Bailey Hutchison 

United States Senate 

284 Russell Senate Office Building 

Washington, D.C. 20510-4302 

IKav.granger@inai1.house.gov

The Honorable Kay Bailey llutchison 

United States Senate 

10440 North Central Expressway, Suite 

1160 

Dallas, TX 75231-2231

The Honorable John Cornyn 

United States Senate 

517 I-Iart Senate Office Building 

Washington, D.C. 20510-4304 

lohn cornvn@kornvnsenate.gov

The Honorable John Cornyn 

United States Senate 

5001 Spring Valley Road, Suite 1125 F 

Dallas, TX 75244 

The 1-lonorable Kay Granger 

United States I-louse of Representatives 

320 Cannon House Office Building 

Washington, D.C. 20515-4312 

Chance.McNce1cv(maiI.house.gov

Texas Elected Officials 

The Honorable Rick Perry 

Governor, State of Texas 

Office of the Governor 

P0 Box 12428 

Austin, TX 78711-2428 

tschirmer(iigov. state. rx.us 

I'he I lonorable Greg Abbott 

Attorney General for the State of I'cxas 

P0 Box 12548 

Austin, TX 78711-2548 

Greg.abbott6Ei).txattornevgeneral.gov 

Senator Craig Estcs 

Sen. CraigL. Estes 

Capitol Office 

P.O. Box 12068 

Austin, TX 78711-2068 

Sen. Craig L. Estes 

2525 Kdll Boulevard 

Wichita Falls, TX 76308 

Craig.estcsui),scnate.statc.tx.us

Sen. Craig L. Estes 

Ann: Diane helms 

4401 N. 135 #202 

Denton, TX 76207 

Dtane.helms(uisenatc.state.tx.us

Representative Phil King 

Attn: Caleb Troxclair 

Room CAP IN.7, Capitol 

P.O. Box 2910 

Austin, TX 78768 

Caleb.troxclair(a).housc. state.tx.us

Representative Phil King 

2110 Fort Worth Hwy. 

Weatherford, TX 76086 

Phil.king(ihouse.state.tx.us

Texas Agency Officials 

Bryan W. Shaw, Ph.D. 

Chairman 

Texas Commission on Environmental Quality 

MC 100 

P0 Box 13087 

Austin, TX 78711 

Bryan. shaw@tceg.texas.gov

Zak Covar, Executive Director 

Texas Commission on Environmental Quality 

MC 109 

P0 Box 13087 

Austin, TX 78711 

Zak.covar6iitcec1.texas.gov

Steve Hagle, P.E., Deputy Director 

Texas Commission on Environmental Quality 

MC 122 

P0 Box 13087 

Austin, TX 78711 

Stcve.hagleuitccq.tcxas.gov

Donna I-Iuff, Manager 

Air Quality Planning Section 

Texas Commission on Environmental Quality 

MC 206 

P0 Box 13087 

Austin, TX 78711 

Donna.huff(ii).tceq.texas.gcy 

David Brymer, Director 

Air Quality Division 

Texas Commission on Environmental Quality 

MC 206 

P0 Box 13087 

Austin, TX 78711 

ityiti.lirvrner6i).tceq.texas.gov 

Mike Eastland, Executive Director 

North Central Texas Council of Governments 

616 Six Flags I)nve 

Arlington, TX 76011 

meastland@nctcog.org

The Honorable Kay Granger 

or United States House of Representatives 

1701 River Run Road Suite 407 

Fort Worth, TX 76107 

Tate.reid(ZOmail.house.gov
CITY OF CHICO


WISE COUNTY, TEXAS 

RESOLUTION NO. 07-2012-1 

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 Chico City Council, 

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, the Chico City Council 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; and 

WHEREAS, On October 31, 2011, the Texas Commission on Environmental 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 DFW 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; 

WHEREAS, According to EPA data, Wise County's minute 2010 population was 59,127, (or 

only approximat&y 0.95% of the current nine county DFW non-attainment population of 

approximately 6.2 million) and Wise County's 2008 vehicles miles traveled (VMT) of 969 million miles 

compared to the DFW 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 DEW 

ozone-formation.; and 

WHEREAS, Data from the EPA's Factor 3: Meteorology (weather/transport patterns for the 

DFW Area), 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 resourceslanalysis 

methods are most likely overestimated in the modeling; and 

WHEREAS, the Chico City Council 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 other stakeholders of Wise County in regards to 

EPA's air quality monitoring / 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 Chico City Council 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 

Dallas-Eort Worth Area (DEW) Nonattainment Regional Area; and 

WHEREAS, a nonaftainment designation would impose unwarranted significant economic 

ramifications on members of the Chico City Council, citizens of the Chico 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 CHICO CITY COUNCIL OF 

CHICO, WISE COUNTY, TEXAS: 

Section 1. The Chico City Council strongly and 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. 

The Chico City Council 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. 

The Chico City Council 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 Chico City Council to be in effect immediately upon its adoption; 

said Council being: Mayor J. D. Clark, Mayor Pro Tern Karen Garrison, Fletta 

Barrett, Aracely Cuevas, Sue Manning, and Chris Richey. 

I, the undersigned, do hereby certify that this ORDER was resolved and adopted by the attending 

Chico City Council, so named hereinabove, and, thus PASSED AND APPROVED in a speciallycalled Chico City Council meeting this 17th day of July, 2012. 

J. L. Clark, Mayor 

Citlj of Chico 

Ct4ico, Wise County, Texas 

Attest: _____________ 

Trish Payne, City Secretary 

City of Chico 

Chico, Wise County, Texas