Mitchel! E. Daniels, Jr,

Governor

Thomas W. Easterly

Commissioner

INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

We make Indiana a cleaner, healthier place to live.

too North Senate Avenue

Indianapolis. Indiana 46204

(317) 232·8603

(800) 451-6027

www.IN.gov/idem

Ms. Louise Gross

Legislation/Clean Air Act

U.S. Environmental Protection Agency

Region V

77 West Jackson Boulevard

Chicago, IL 60604-3950

Dear Ms. Gross:

11-25-2008

Re: Supplemental Information

Clean Air Act Section 110(1) Demonstration

and State Implementation Plan Revisions for

Clark and Floyd Counties, Indiana

This letter is to reaffirm/clarify the supplemental information provided to you on August

18, 2008 regarding a legal review ofthe applicable statutory procedure for implementation of a

vehicle inspection and maintenance (11M) program in Clark and Floyd counties. This review was

conducted at your request in order to further explain how this procedure works in conjunction with

the Clean Air Act Section 110(1) Demonstration and State Implementation Plan (SIP) Revision,

demonstrating1hadfM would be a viable contingency measure for the applicable attainment and

maintenance SIPs (fine particles and ozone). Based on this legal review, Indiana statute does, in

fact, permit the State ofIndiana the authority to timely implement a vehicle liM program

whenever necessary, ifit is found to be an appropriate and effective control measure. IDEM

would then notify the budget agency ofthe need to consider and approve implementation ofliM in

Clark_ and Floyd counties. IDEM does reserve the right to select and implement additional control

measures in lieu of 11M ifthey are deemed to be more cost-effective~ provide equivalent emissions

reductions, and sufficiently addresses the air quality problem.

IDEM believes that this supplemental information in conjunction with the Clean Air Act

110(1) Demonstration, provides the necessary weight ofevidence to demonstrate that 11M is a

viable contingency measure for the applicable attainment and maintenance SIPs. IDEM also

believes that its non-interference demonstration submitted to the U.S. EPA with a request for

parallel processing on October 10,2006 and a final submission on November 15,2006 to support

the discontinuation ofthe 11M program in Clark and Floyd counties, Indiana remains valid~ with

no adverse impacts evident for the area.

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Ms. Louise Gross

Page 2

Therefore, IDEM hereby respectfully requests that the U.S. EPA proceed with final review

and approval ofthe Clean Air Section 110(1) Demonstration for Clark and Floyd counties. If you

have any questions or need additional infonnation, please contact Scott Deloney, Chief, Air

Programs Branch, at (317) 233-5694 or sdeloney@idem.in.gov or Ann Long, Attorney, Office of

Legal Counsel, at (317) 232-8551 or along@idem.in.gov.

Daniel Murray, sis

Office ofAir Quality

Indiana Department ofEnvironmental Management

DM/sd

cc: Cheryl Newton, U.S. EPA

John Mooney, U.S. EPA

Scott Deloney, IDEM

Ann Long, IDEM

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