IDEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

We Protect Hoosiers and Our Environment.

Mitchell E. Daniels Jr. 100 North Senate Avenue

Governor Indianapolis, Indiana 46204

(317) 232-8603

Thomas W Easterly Toll Free (800) 451-6027

Commissioner www.idem.lN.gov

Ms. Cheryl Newton, Director

Air and Radiation Division

U.S. Environmental Protection Agency

Region V

77 West Jackson Boulevard

Chicago, IL 60604-3950

Dear Ms. Newton:

April 23, 2010

Re: Supplemental Information for the Clean Air

Act Section 110(1) Demonstration and State

Implementation Plan Revisions for Clark and

Floyd Counties, Indiana

Asrequested, the Indiana Department ofEnvironmental Management (IDEM) has prepared

this letter to reaffirm and clarify the supplemental information provided to the United States

Environmental Protection Agency (U.S. EPA) on August 18, 2008, and November 25, 2008,

regarding Indiana's legal authority to reinstate a vehicle inspection and maintenance (lIM) prograt.n

in Clark and Floyd counties, Indiana, as a contingency measure, ifdeemed necessary. IDEM

conducted a legal review on August 18,2008, at U.S. EPA's request in order to further explain how

the applicable statutory procedure works in conjunction with the Clean Air Act Section 110(1)

Demonstration and State Implementation Plan (SIP) Revision, demonstrating that lIM would be a

viable contingency measure for the applicable attainment and maintenance SIPs. Based on this legal

review, Indiana statute, IC 13-17-5, does in fact provide the State ofIndiana the statutory authority to

implement a vehicle lIM program whenever necessary as a contingency measure in conjunction with

the federal sanctions process.

IflIM is found to be an appropriate and effective control measure, IDEM would notify the

Indiana State Budget Agency ofthe need to consider and approve implementation oflIM in Clark

and Floyd counties to avoid losing federal highway funding. This would include providing the

sanction clock timeline from 40 CFR 52.31, the IDEM rulemaking, the contractual process timeline,

and the commitment made in the submittal to the Indiana State Budget Agency. IDEM reserves the

right to select and implement additional control measures in lieu oflIM ifthey are deemed to be

more cost-effective, provide equivalent emissions reductions, and sufficiently address the air quality

problem.

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Ms. Cheryl Newton

Page 2

In order to satisfy the requirements of40 CFR 51.372(c)(4), IDEM has developed a

theoretical lIM implementation schedule (attached) that outlines a schedule for adoption of a rule and

implementation ofthe program along with specific milestones in the event an lIM program is

selected as a contingency measure to address a future air qualityviolation(s) in Clark and/or Floyd

counties, Indiana. IfliM were determined to be a necessary contingency measure, IDEM would

implement lIM about one year later than other typical contingency measures. This additional time

would be needed in order to provide sufficient time to inform the public and to take the necessary

steps to establish the infrastructure to implement and operate an lIM program.

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

110(1) Demonstration satisfies the requirements of40 CFR 51.372(c)(1) through (c)(4) as it provides

the necessary weight of evidence to demonstrate that lIM is a viable contingency measure for the

applicable attainment and maintenance SIPs. IDEM also believes that its non-interference

demonstration submitted toU.8. EPA with a request for parallel processing on October 10,2006, and

a final submission on November 15,2006, to support the discontinuation ofthe lIM program in

Clark and Floyd co'-!nties, Indiana, remains valid as this action will not interfere with the area's

ability to comply with all the National Ambient Air Quality Standards, including 8-hour ozone and

PM2.5, or any other applicable requirements ofthe Clean Air Act.

Therefore, IDEM respectfully requests that U.S. EPA proceed with final review and approval

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

questions or need additional information, please contact me at (317) 233-5694 or

sdeloney@idem.in.gov or Ann Long, Attorney, Office ofLegal Counsel, at (317) 232-8551 or

along@idem.in.gov.

)Ju~ Scott Deloney, Chief'

Air Programs Branch

Office ofAir Quality

Indiana Department ofEnvironmental Management

sad/cp/ghf

.Attachments

cc: John Summerhays, U.S: EPA

Frank Acevedo, U.S. EPA

Louise Gross, U.S. EPA

John Mooney, U.S. EPA

Ed Doty, U.S. EPA

Ann Long, IDEM

Chris Pedersen, IDEM

~aleFerrj.s,II)EM
11M Implementation Schedule

This schedule addresses the theoretical implementation ofa vehicle inspection and maintenance

(lIM) program in Clark and Floyd counties, Indiana, ifa future ambient air quality violation(s)

triggers contingency measures and lIM is determined to be a necessary, appropriate, and effective

control measure to assure future attainment of all National Ambient Air Quality Standards. The

Indiana Department ofEnvironmental Management would then notify the Indiana State Budget

Agency ofthe need to consider and approve the implementation ofanllM program in Clark and

Floyd counties whenever necessary as a contingency measure in conjunction with the federal

sanctions process.

Cumulative Months

1. Determination that an 11M program IS an appropriate/effective control measure 0

2. Approval to proceed requested/received from the Indiana State.Budget Agency 3

3. Initiate rulemaking (first notice of comment period) 4

4. Request for proposal/contract pre-informational session 4

. 5. Request for proposal approved and released for bid 5

6. Bidder's conference 6

7. Deadline for questions 6

8. Bidder proposal deadline 7

9. Rulemaking (second notice ofcomment period) 8

10. Bidder selected/notified 9

11. Performance bond provided by vendor 10

12. Draft contract complete 11

13. Contract signed by vendor 12

14. Preliminary adoption 14

15. Contract approved/executed 15

16. Architectural plans approved 16
17. Monthly status meetings/reports begin 17

18. Final adoption 18

19. Acceptance test procedures approved 18

20. State approves design plans 18

21. Public relations activities begin 20

22. Program operations center open (if necessary) 21

23. Public information monthly reports begin 22

24. Begin deliveries to installation crews 23

25. Effective date ofrule 24

26. System development complete 24

27. State review/approval ofmaterials 24

28. Operations ready 27

29. Acceptance test procedures completed 28

30. Monitor and evaluate program 28

31. Final project report 28

32. Start oftesting program 28