# 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.usLisa 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