July 14, 2011 

Ms. Gina McCarthy 

Assistant Administrator, Office 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 Transport 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 state-level pollution control programs, the OTC 

states have struggled to attain the National Ambient Air Quality Standard for ozone 

for many years. Interstate pollution transport becomes more important as the ozone 

National Ambient Air Quality Standard (NAAQS) becomes more protective and thus 

the OTR states find our ability to provide clean air for our citizens increasingly 

depends on strong federal action to address pollution transport and national measures 

to control emissions that lead to the formation of ozone. Our analyses indicate that 

national-level controls not only are more effective at addressing interstate air pollution 

transport, but can be more cost-effective and provide simplicity for businesses looking 

for commonality for business practices and product development. 

We understand that EPA is facing significant challenges at this time 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 protection of public health and a sound U.S. 

economy. We look forward to working with you 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 health benefits of reducing ozone pollution 

far exceeds the costs of compliance. Protecting 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.org
concentrations 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 implementation guidance along with the reconsidered 

ozone standard. 

2. Cleaner cars and cleaner fuels: 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 reconsidered 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 particulates 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 transport 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 aggressively implemented expensive pollution controls, and 

yet continue to experience poor air quality due, in part, to transported emissions from 

upwind states that have not adopted even the most cost-effective ozone controls that 

have long since been adopted in OTR states. The Commission anticipates that to 

address this inequity, EPA will insure that Transport Rule 2 will require adequate 

controls on electric generating units and industrial, commercial and institutional 

boilers (in line with recommendations we made in our comments on the proposed 

Transport Rule 1, in Appendix 3 and Appendix 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 for 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 under 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 annual meeting. We appreciate the opportunity 

to work in partnership with EPA to reduce ozone to levels that will allow the 
American 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