By PAULA TRACY, InDepthNH.org

CONCORD – Auto dealers and the state’s chapter of the Sierra Club were both in opposition to the state asking to opt out of federal vehicle emissions testing at a hearing Monday in Concord.

While the state has dropped its motor vehicle inspection and emissions testing requirements effective at the end of January 2026, it still has to address separately the federal emissions requirements. So state and federal law could be in conflict for a period of time because the federal government will have a year and a half to decide.

The state is looking to get permission from the federal Environmental Protection Agency to join 22 other states which have no statewide Clean Air Act requirement for vehicle emissions currently.

A public hearing was at the state Department of Environmental Services and online.

A draft of the state plan includes a “noninterference demonstration” to show the federal government that New Hampshire will maintain compliance with Clean Air Act requirements even after the repeal; and a petition requesting EPA allow the entire State of New Hampshire to opt out of the Ozone Transport region, which is a prerequisite to repeal of the motor vehicle inspection and maintenance program.

Even if the EPA goes along with changes, citizens and environmental groups can sue if repeal of emissions rules are deemed to be in violation of the Clean Air Act, and that could be costly if New Hampshire does not prevail.

Also listening in on the public hearing were representatives of the Appalachian Mountain Club, and a number of lobbyists representing businesses that could be impacted by the change but they did not testify.

The state’s current program is the result of lengthy negotiations between the state and the EPA which went into effect in 1998.

Former State Sen. Jeb Bradley, as chair of a powerful committee, worked out a compromise to avoid a more onerous and costly tailpipe testing requirement in lieu of the less intrusive and lower costing OBD or electronic onboard system check.

The state also agreed to require additional controls for the Merrimack Station power plant as part of that agreement. The legislation that passed this June as part of the trailer bill indicates the state now wants to opt out of the whole thing.

Several southern areas of the state have had higher emissions levels than the majority of the state and the impacts of commuters into Boston are also a consideration.

House Bill 649, which was incorporated into the trailer bill in HB 2, was not supported by the DES who was warned April 25 by the EPA Region I administrator in Boston that if the legislation passed the state will not meet the Clean Air Act requirements for inspection and maintenance programs.

Catherine Beahm, state implementation plan administrator, gave an overview and background along with Clean Air Act requirements and showed data which would indicate the state is not expected to significantly contribute to pollutant levels for the region that have declined in the past 20 years. Emission estimates for the future show that even with the discontinuation of the program, pollutant levels are expected to decline in the future.

The meeting included an opportunity to ask questions and then took comments.

Dan Bennett of the NH Auto Dealers Association, said they will be submitting substantive documents indicating concerns and lack of support for this approach to roadway safety and emission reduction requirements by Friday. “We look forward to continuing the dialogue,” he said.

It was noted that the hearing only pertained to vehicle emissions inspections and not overall vehicle inspections.

Catherine Corkery, chapter director for the NH Sierra Club, said her organization also opposes the repeal and proposed rule change.

She said the true cost of putting potentially more pollution in the air was never fully analyzed in the State House this past year. She said it will also be adding more comments by the deadline.

Written comments can still be submitted until Friday, November 21, 2025, at 4:00 p.m. They can be sent by mail to the Air Resources division of DES, PO Box 95 Concord NH 03301-0095 or email to catherine.a.beahm@des.nh.gov.