By PAULA TRACY, InDepthNH.org
CONCORD – The federal Environmental Protection Agency said it will fast track a request from New Hampshire to see if it can be exempt from the Clean Air Act, while the state continues to say it will not enforce auto emissions testing.
On Monday, U.S Environmental Protection Agency Administrator Lee Zeldin’s office issued a statement, in a “commitment to cooperative federalism, EPA is expeditiously working to review the state of New Hampshire’s two Clean Air Act submissions seeking to repeal the state’s vehicle inspection and maintenance program and to remove the state from the Ozone Transport Region ahead of the typical 18-month timeline,” it reads.
In June 2025, Republican New Hampshire Gov. Kelly Ayotte signed a law repealing the state’s Vehicle Emissions I/M program, including the emissions testing program in its entirety.
The bill she signed went into effect before the EPA had ruled on that waiver and the state’s contractor Gordon-Darby filed suit in federal court and won a preliminary injunction preventing the state from implementing the change.
Now the state is appealing that to a federal appeals court as the state currently faces a potential penalty. https://indepthnh.org/2026/03/19/state-asks-federal-appeals-court-to-stay-ruling-on-auto-inspections/
The Attorney General’s office declined to comment on the matter Monday.
Currently, New Hampshire is part of the Ozone Transport Region, a group of northeastern states required to include ozone-reduction measures in their SIPs, even if they already meet federal ozone standards.
Because of this, New Hampshire’s SIP includes the I/M program. Under the Clean Air Act, the state must get EPA approval before implementing its June 2025 law to end the program that went into effect . To do that, New Hampshire must first be removed from the OTR.
“EPA has up to 18 months to decide on state petitions under the CAA, but after receiving New Hampshire’s petitions on December 24, 2025, the agency plans to move much faster. The EPA expects to share its proposed decision by early summer and issue a final decision before the end of the year, well ahead of schedule.
“This reduced timeline shows the Trump EPA’s focus on working closely with states to adhere to all statutory requirements and finish projects efficiently. Before the final decision is made, the public will have a chance to weigh in on the proposal.”
Republicans particularly in the House moved forcefully to eliminate the program and asked for the implementation date of Feb. 1 after being warned by NH Department of Environmental Services that a federal waiver would likely take much more time.
House Majority Leader Jason Osborne released the following statement:
“I applaud Administrator Zeldin for standing up for Granite Staters as a foreign corporation tries to unilaterally overrule state law,” said Osborne. “House Republicans have thwarted foreign corporations, unaccountable federal judges, and House Democrats as we move to advance the repeal of car inspections once and for all. Hard road. Right cause. No regrets.”
Osborne concluded, “We offer our full cooperation and assistance with Administrator Zeldin to ensure that we put the final nail in the coffin and finally put the sticker scheme to bed.”
Executive Councilor John Stephen, R-Manchester, said: “Today’s EPA announcement makes clear the proper path forward is cooperative federalism through the federal approval process, not a federal court commandeering state officials to administer a program that no longer exists.”
For its part, the EPA statement reads that “This process is a direct reflection of cooperative federalism based on New Hampshire’s needs. EPA is working at record speed with the state to ensure all decisions are made in accordance with requirements under the Clean Air Act and to provide the people of New Hampshire relief from burdensome regulations,” said EPA Administrator Zeldin. “The Trump EPA firmly believes that collaborating with our state air partners is the best way to deliver results and ensure clean air for all Americans.”
“New Hampshire is a valued partner in protecting air quality across New England,” said EPA Regional Administrator Mark Sanborn. “We will continue to work with all New England states to ensure EPA meets our mission of protecting human health and the environment.”
On March 16, Gordon-Darby Holdings, Inc., the company that ran the inspection program and is suing the state, asked U.S. District Court Judge Landya McCafferty to have the commissioners of the Department of Safety, Robert Quinn, and Department of Environmental Services, Robert Scott, show cause why they shouldn’t be held in contempt of court for not resuming the inspection program as she ordered.
Gordon-Darby, which had the contract to run the inspection program from its inception until the state repealed the law effective Feb 1, 2026, said the defendants are currently in violation of her Jan. 27 preliminary injunction requiring them to continue implementing and enforcing the state’s federally
mandated annual motor vehicle inspection and maintenance program.
Formella’s most recent guidance to auto owners as to inspections was on March 16, which offered the following: “The State’s February 13 guidance remains in effect until further notice.”
That guidance says the inspection program is suspended until further notice, but also says, “Drivers are still responsible under current law to ensure that any vehicle driven in New Hampshire is safe to operate, regardless of the status of the inspection program.”
