RESOLUTION OF THE STATES OF THE OZONE TRANSPORT COMMISSION SUPPORTING THE CONSIDERATION BY EPA OF INFORMATION FROM THE OZONE TRANSPORT ASSESSMENT GROUP IN THE DEVELOPMENT OF EPA’S PROPOSED RULEMAKING TO REDUCE INTERSTATE OZONE TRANSPORT

WHEREAS the States of the Ozone Transport Commission (OTC) have already made significant commitments to reduce emissions of the pollutants that cause ozone from mobile and stationary sources; and

WHEREAS one of these significant commitments is the Memorandum of Understanding (MOU) on stationary source emissions of nitrogen oxides (NOx) approved by the OTC on September 27, 1994; and

WHEREAS the OTC NOx MOU was developed on the basis of interstate cooperation of the States of the OTC; and

WHEREAS the OTC NOx MOU of September 27, 1994, includes both variable control requirements based on defined geographic zones within the Ozone Transport Region (OTR) starting in May 1999 and a commitment to reevaluate, during 1997 and 1998, control requirements starting in May 2003;

WHEREAS reductions of ozone and the pollutants that cause ozone coming into the Ozone Transport Region (OTR) are essential if the States of the OTC are to attain and maintain the National Ambient Air Quality Standard (NAAQS) for ozone; and

WHEREAS the Ozone Transport Assessment Group (OTAG) was formed by States in 1995 to reduce the transport of ozone in the eastern United States; and

WHEREAS the U.S. Environmental Protection Agency (EPA) has indicated that for utility emissions, a one million ton cap on nitrogen oxides (NOx) emissions is needed as a part of an overall approach to reducing ozone transport in the 37-State area covered by OTAG; and

WHEREAS proposals submitted to OTAG in January 1997 include ways to implement a one million ton cap conceptually; and

WHEREAS EPA has formally indicated its intent to move forward with formal calls for revisions of State Implementation Plans (SIPs) based on all available data, including OTAG data and any OTAG recommendations, with a Notice of Proposed Rulemaking (NPRM) in the March 1997 timeframe;

THEREFORE, be it resolved that the OTC supports the use by EPA of technical and scientific information developed through the OTAG process in the development of EPA’s NPRM related to SIP revisions for the reductions of transported pollutants that cause ozone; and

FURTHERMORE that the OTC resolves to work towards consensus within OTAG by extending the concepts of the OTC NOx MOU; and

FURTHERMORE that the OTC calls upon EPA to proceed with its announced schedule for its NPRM and to consider any OTAG recommendations; and

FURTHERMORE that the OTC calls upon EPA to include in its NPRM a maximum achievable level of reductions of ozone and ozone precursors coming into the OTR.

Resolution passed January 28, 1997