July 14, 2011

Ms. Gina McCarthy Assistant Administrator, Of fice of Air and Radiation USEPA Headquarters Ariel Rios Building 1200 Pennsylvania Avenue, N. W., Mail Code: 6101A Washington, DC 20460

Dear Ms. McCarthy:

Thank you for taking the time out of your busy schedule to meet with us on June 15, 2011 at the annual meeting of the Ozone Tr ansport Commission. On behalf of the Commission, we would like to thank you and EPA for your tireless efforts in the pursuit of clean air and the protection of public health. The Commission sincerely values and appreciates the benefits of our continued state-federal partnership.

As you are aware, despite aggressive stat e-level pollution control programs, the OTC states have struggled to attain the Nati onal Ambient Air Quality Standard for ozone for many years. Interstate pollution transport becomes mo re important as the ozone National Ambient Air Quality Standard ( NAAQS) becomes more protective and thus the OTR states find our ability to provid e clean air for our citizens increasingly depends on strong federal action to address pollution transport a nd national measures

to control emissions that lead to the forma tion of ozone. Our analyses indicate that national-level controls not only are more eff ective at addressing interstate air pollution transport, but can be more cost-effective and provide simplicity for businesses looking for commonality for business practi ces and product development.

We understand that EPA is facing significant challenges at this tim e and is acting in

accordance with the Clean Air Act and court decisions. We have great faith in your ability to persevere and ultimately succeed in implementing key pollution control programs, which are critical to the prot ection of public health and a sound U.S. economy. We look forward to working with yo u to achieve the following four critical

milestones for clean air and the protection of public health:

1. The ozone NAAQS: An ozone standard based in sound science is critical for the protection of public health and is overdue. We trust that EPA will issue the final reconsidered ozone standard by the end of July within the range it has proposed, consistent with the range recommended by the Clean Air Scientific Advisory

Committee and EPA staff in 2006. As EPA’s Regulatory Impact Analysis demonstrates, the economic value of the he alth benefits of re ducing ozone pollution far exceeds the costs of compliance. Pr otecting public health by lowering ozone ___________

Connecticut

Delaware

District of Columbia

Maine

Maryland

Massachusetts

New Hampshire

New Jersey

New York

Pennsylvania

Rhode Island

Vermont

Virginia

___________

Collin O’Mara

Chairman

___________

William Driscoll

Executive Director

___________

444 N. Capitol St. NW

Suite 638 Washington, DC 20001 (202) 508-3840 FAX (202) 508-3841 Email: ozone@otcair.orgconcentrations will be an overall positive step for the U.S. economy, not an economic burden as claimed by critics of EPA’s proposal. We also thank EPA for your commitment to publish timely implementati on guidance along with the reconsidered

ozone standard.

2. Cleaner cars and cleaner fu els: By viewing vehicles and fuel as a system, as in the prior Tier II program, EPA is strongly positioned to provide immediate clean air

benefits and assist states in managing ozone transport from mobile sources. Without a robust Tier 3 vehicles and fuel program, it will be difficult for states in the Ozone Transport Region (OTR) to meet the recons idered ozone standard. Specifically, if EPA were to significantly reduce the sulfur content of gasoline, the states would see an immediate multi-pollutant clean air dividend in the form of reduced oxides of nitrogen, ozone and fine partic ulates from the existing fleet. This approach would help address the concerns that many states have with respect to their ability to attain a new ozone standard, would further protect public health, and would also yield water quality

benefits.

3. Ozone transport: Transport Rule 1 is a critical step that sets the framework to reduce interstate transport of ozone and ozone precursors and we support its implementation. We also look forward to working closely with EPA on the development of the second phase of the trans port rule (TR2) in order to meet the 2011 reconsideration of the ozone NAAQS and to more fully address ozone transport.

States in the OTR have a ggressively implemented expe nsive pollution controls, and yet continue to experience poor air quality due , in part, to transported emissions from upwind states that have not adopted even th e most cost-effective ozone controls that have long since been adopted in OTR stat es. The Commission anticipates that to address this inequity, EPA will insure that Transport Rule 2 will require adequate controls on electric genera ting units and industrial, co mmercial and institutional boilers (in line with recommendations we made in our comments on the proposed Transport Rule 1, in Appendix 3 and Appe ndix 7 respectively), as well as cement kilns. We strongly urge EPA to insure that the timeframes in Transport Rule 2 will enable OTC states to provide healthy air fo r their citizens within the applicable ozone attainment deadlines. We are pleased to offer our expertise in support of EPA’s development of Transport Rule 2 and request additional meetings with EPA early in the rule’s development process.

4. Locomotives and marine engines: Given the enormous level of cost effective

emission reductions achievable from these two under-regulated classes, we urge EPA to exercise its authority u nder Title 2 of the Clean Air Act and establish appropriate Tier 4 standards for locomotives and marine engines.

Thank you again for joining us at our annua l meeting. We appreciate the opportunity to work in partnership with EPA to reduce ozone to levels that will allow theAmerican people to safely engage in outdoor work and play throughout the year, providing health benefits that will help, not hinder, the U.S. economy.

Sincerely,

Collin O’Mara Chair, Ozone Transport Commission

Daniel C. Esty Vice Chair, Ozone Transport Commission

Christophe Tulou Secretary/Treasurer, Ozone Transport Commission