CROWN POINT — State and local officials seem genuinely determined to try to eliminate the every-other-year emissions testing mandate that applies to vehicle owners residing in Lake and Porter counties, and nowhere else in Indiana.
On Friday, Republican Gov. Mike Braun, surrounded by Region lawmakers of both political parties, ceremonially signed into law Senate Enrolled Act 103 during a short ceremony at the Lake County Government Center in Crown Point.
The statute, which took effect July 1 after winning near-unanimous approval by the General Assembly in April, mandates the Indiana Department of Environmental Management do all it can through the end of the year to convince the U.S. Environmental Protection Agency that vehicle emissions testing no longer is needed in Northwest Indiana.
Braun said it doesn't make sense that vehicle owners in Lake and Porter counties are subject to biennial emissions testing simply because the federal government lumps Northwest Indiana with Chicago and northeastern Illinois for air quality purposes.
"It's been a long time that we've been trying to get to a better place," Braun said. "I'm going to be for anything that seems to make sense and still adheres to the spirit of what we're trying to do, and that's respect our natural resources, make sure we keep Indiana healthy, but we don't do it in a way that doesn't make sense."
IDEM Commissioner Clint Woods said his team already has been in touch with the EPA on possible solutions, including simply ending vehicle emissions testing in Northwest Indiana, removing the Region from Chicagoland for air quality assessment, demonstrating that local sources are not the cause of air quality issues in Lake and Porter counties or taking advantage of other possible air improvement programs that don't include emissions testing.
"There's four or five different special tools. I will say most of them are very, very underutilized, historically. So we will be, in some ways, the state agency that's pushing the envelope the most," Woods said. "It's going to take some time. It's going to take a lot of effort on our end and a lot of work and creativity from our partners at EPA."
Woods said he also wants to be sure Northwest Indiana isn't subject to a federal no-backsliding requirement that would obligate emissions testing to continue in Lake and Porter counties even if the Region attains compliance with federal air quality standards.
"Our lawyers are looking closely at that because obviously the last thing we would want to do is demonstrate that we should be in attainment and then still have all the penalties that apply," Woods said.
Eliminating vehicle emissions testing has been a top legislative priority of state Sen. Rick Niemeyer, R-Lowell, for years. After spearheading a number of studies and resolutions aimed at ending the mandate, he's optimistic this year's law might actually get it done.
"The big shot in the arm was when Governor Braun got elected," Niemeyer said. "It's a big deal for the people of Lake and Porter counties."
The testing also comes with a big price tag. Niemeyer noted the state spends approximately $6 million a year to pay for emissions testing at the seven Clean Air Car Check stations located throughout Northwest Indiana.
But the state can't just unilaterally stop testing. The federal government previously has threatened to withhold highway funding for Indiana if it doesn't comply with the emissions testing mandate.
Similarly, a 2021 lawsuit filed by all seven members of the Lake County Council, including now-state Sen. Dan Dernulc, R-Highland, that sought to have the testing mandate deemed invalid under the Indiana Constitution because it only applies to two of the state's 92 counties lost in court because Lake Superior Judge John Sedia concluded federal air quality mandates, even "universally despised" ones, supersede state law.
"We want to get this out so our residents can move forward and maybe not have to go every two years to get their car tested. I have about four cars. It's kind of tough," Dernulc said.
The legislation was shepherded through the Indiana Senate by Niemeyer and Dernulc, along with state Sens. Lonnie Randolph, D-East Chicago, and Rodney Pol Jr., D-Chesterton. The House sponsors were state Reps. Hal Slager, R-Schererville; Julie Olthoff, R-Crown Point; Mike Aylesworth, R-Hebron; and Mike Andrade, D-Munster.
Andrade said he's hopeful IDEM and the EPA will be able to find the right balance between protecting the environment and limiting burdensome emission testing requirements.
"Northwest Indiana deserves clean air and smart policy. With this law, we're working toward both," he said.
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