New Hampshire poised to formally end vehicle inspection mandate

(The Center Square) – Federal environmental regulators are poised to approve New Hampshire’s request to officially end its mandated vehicle inspection and emissions testing program.

The U.S. Environmental Protection Agency announced Thursday two rule changes that would grant New Hampshire’s petition to withdraw from the Ozone Transport Region and "conditionally" approve the state’s request to terminate its Vehicle Inspection and Maintenance program.

EPA Administrator Lee Zeldin said the decision to move ahead with the proposals is part of the federal agency's "commitment to cooperative federalism and the promise made to New Hampshire to expeditiously review these submissions ahead of the typical 18-month timeline."

In a statement, Zeldin said, the "Trump EPA understands states are best positioned to understand the needs of their local communities and therefore should be given the flexibility to implement air quality programs within the scope of the Clean Air Act.

"EPA is committed to working collaboratively with states to reduce unnecessary regulatory burdens while maintaining strong environmental protections and following our statutory obligations. This is the best way to provide clean air for all Americans."

To formally end the program, New Hampshire must first be removed from the Ozone Transport Region, a law that requires it to meet higher emissions-reduction goals than the federal government.

Normally, the EPA has up to 18 months to decide on state petitions under the Clean Air Act, but the agency said it is fast-tracking the review of New Hampshire's application.

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New Hampshire Attorney General John Formella said in a statement praising the EPA that the move is "an important step toward bringing New Hampshire’s federal air quality requirements into alignment with state law."

The EPA's decision to expedite the review comes after New Hampshire won a court fight to uphold its efforts to dismantle the safety and emissions inspection requirements for cars and trucks, which was eliminated as part of a two-year state budget signed into law by Gov. Kelly Ayotte last year.

Gordon Darby, a Kentucky-based company that has conducted the annual emissions tests of cars, trucks, and SUVs for 26 years, filed a lawsuit to block a new law ending the mandate.

The company's lawyers claimed the move would violate the federal Clean Air Act and have asked a judge to invalidate the new law and require the program to continue. It later withdrew the lawsuit.

But the state was recently hit with another lawsuit by a woman who claims her health has been impacted by the decision to stop conducting vehicle emissions tests.

State environmental officials say New Hampshire will remain in compliance with the Clean Air Act requirements to reduce tailpipe pollution even after the vehicle inspection mandate goes away.