The Trump Administration will shift into a higher gear as it reviews New Hampshire’s request to opt out of motor vehicle emissions inspections.
Rather than the standard 18-month timeline for a ruling, the U.S. Environmental Protection Agency announced Monday that it will give the state an up-or-down decision on its petition to end inspections by the end of 2026, about six months faster than expected.
In a statement, Lee Zeldin, who leads the EPA, said that the new timeframe was part of a “direct reflection of cooperative federalism.”
“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,” Zeldin said.
Last June, New Hampshire Republican lawmakers included a repeal of motor vehicle inspections as part of the two-year state budget. But the plan only included a seven-month wind down of the program, well short of how long the regulatory process takes.
In December, the company that has a monopoly on performing emissions tests in New Hampshire filed a lawsuit over the repeal. Gordon-Darby claimed the state was in breach of the Clean Air Act by not first obtaining federal approval to alter its ozone mitigation efforts.
A federal judge issued a preliminary injunction siding with Gordon-Darby, leaving New Hampshire open to possible fines for every day it is not in compliance with the law, though the state has not yet been ordered to pay anything. Republican officials have criticized the judge, saying she overstepped her authority.
While both the legal case and the regulatory review play out, law enforcement in New Hampshire are not enforcing vehicle inspection requirements. No mechanic shops are able to offer emissions tests, though some mechanics say they will still perform voluntary inspections. Despite the repeal of mandatory inspections, motorists are still required to operate safe vehicles, meaning cracked windshields or bald tires can still result in a ticket.
New Hampshire is part of a regional group of states tasked with controlling ozone emissions, and in December, formally submitted its request to alter its State Implementation Plan as part of that regional effort. There will be a period of public comment on the proposal, with the EPA now forecasting a preliminary decision by early summer, and a final decision by year’s end.
“This reduced timeline shows the Trump EPA’s focus on working closely with states to adhere to all statutory requirements and finish projects efficiently,” the EPA said in its announcements.
