WHEREAS Northeast and Mid-Atlantic States continue to exceed the National Ambient Air Quality Standards (NAAQS) for ozone; and

WHEREAS attainment and maintenance of the ozone NAAQS will result in cleaner air and a substantial reduction in adverse health effects suffered by the citizens of the States of the Ozone Transport Region (OTR); and

WHEREAS substantial reductions in emissions of nitrogen oxides (NOx) are needed within and upwind of the OTR to attain and maintain the ozone NAAQS; and

WHEREAS OTC in 1994 agreed to make reductions in NOx emissions through the OTC NOx MOU; and

WHEREAS the Ozone Transport Assessment Group (OTAG) studied the problem of ozone transport in the eastern United States for two years, and EPA, on the basis of the OTAG study, and other relevant information, finalized calls for NOx emission reductions in State Implementation Plans (SIPs) in 1998 (the "NOx SIP call"); and

WHEREAS EPA’s NOx SIP call requires 22 States and the District of Columbia, including 10 OTC jurisdictions, to complete these SIP revisions by September 30, 1999; and

WHEREAS the U.S. Circuit Court of Appeals for the D.C. Circuit in May 1999 issued a stay on the September 30, 1999, SIP revision deadline, pending Court consideration of related litigation; and

WHEREAS eleven OTC States have filed Section 126 petitions to ensure NOx emission reductions in the eastern United States; and

WHEREAS EPA has acted to temporarily suspend the Section 126 petitions to strengthen EPA’s actions; and

WHEREAS OTC has consistently called for NOx emission reductions over a broad geographical area of the eastern United States and OTC States have moved ahead with their own aggressive NOx emission control programs; and

WHEREAS the demonstrations of attainment with the one-hour ozone NAAQS submitted by OTC States to EPA have assumed full implementation of the SIP call throughout the NOx SIP call area; and

WHEREAS the NOx SIP call was cited by OTC as a key element of its October 1998 "Declaration of Principles: Next Steps for Reducing Ground Level Ozone;"

THEREFORE BE IT RESOLVED that States should make every effort to complete NOx SIP call SIP revisions by required dates; and

FURTHERMORE that notwithstanding the stay issued by the U.S. Circuit Court of Appeals for the D.C. Circuit, the States of the OTC will work to ensure that SIP revisions from the Ozone Transport Region (OTR) are prepared by this fall, and in fact expect to complete their regulations by September 30, 1999; and

FURTHERMORE that OTC hereby offers to work with EPA, other States outside the OTR, and other interested parties to ensure full and timely implementation of NOx emissions reductions in the eastern United States through actions including but not limited to the NOx SIP call and Section 126 petitions.

Approved June 16, 1999