### IDEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We ProtectHoosiers and OurEnvironment. MitchellE. DanielsJr. 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 WestJackson Boulevard Chicago, IL 60604-3950

Dear Ms. Newton: April 23, 2010

Re: Supplemental Information for the CleanAir 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 letterto reaffirm and clarifythe supplemental informationprovided to the United States Environmental Protection Agency (U.S. EPA) onAugust 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 contingencymeasure, ifdeemed necessary. IDEM conducted a legal review on August 18,2008, at U.S. EPA's request in orderto further explainhow the applicable statutoryprocedure 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 contingencymeasure for the applicable attainment and maintenance SIPs. Based on this legal review, Indiana statute, IC 13-17-5, does in fact provide the State ofIndianathe statutory authority to implement a vehicle lIM program whenevernecessary as a contingencymeasure in conjunction with the federal sanctions process. IflIM is found to be an appropriate and effective control measure, IDEM would notify the Indiana State BudgetAgency 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 clocktimeline from 40 CFR 52.31, the IDEM rulemaking, the contractual process timeline, and the commitmentmade in the submittal to the Indiana State BudgetAgency. 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.

RecycledPaper 

# * An Equal Opportunity Employer PleaseRecycle 

### 0Ms. 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 ofa 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 determinedto be a necessary contingency measure, IDEM would implement lIM about one year later than othertypical 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 itprovides the necessary weight ofevidence 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. EPAwith 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 respectfullyrequests that U.S. EPAproceed with final review and approval ofthe CleanAirAct Section 110(1)Demonstration for Clark and Floyd counties. Ifyou have any questions or need additional information, please contactme at (317) 233-5694 or sdeloney@idem.in.gov orAnn 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 FrankAcevedo, 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 contingencymeasures and lIM is determined to be a necessary, appropriate, and effective control measure to assure future attainment ofall 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 programin Clark and Floyd counties whenevernecessary as a contingencymeasure in conjunction with the federal sanctions process. CumulativeMonths

1. 

### Determinationthat an 11M program

## IS an appropriate/effective control measure 0 2. Approval to proceedrequested/received from the Indiana State.BudgetAgency 3 3. Initiate rulemaking (first notice ofcommentperiod) 4 4. Request forproposal/contractpre-informational session 4

. 5. Request forproposal approved andreleased forbid 5

6. Bidder's conference 6 7. Deadline for questions 6 8. Bidderproposal deadline 7 9. Rulemaking (second notice ofcomment period) 8 10. Bidder selected/notified 9 11. Performancebondprovided by vendor 10 12. Draft contract complete 11 13. Contract signedby vendor 12 14. Preliminary adoption 14 15. Contract approved/executed 15 16. Architectural plans approved 1617. 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 (ifnecessary) 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