Elected leaders, AG react to proposed Trump Administration fix for NH vehicle inspection

By PAULA TRACY, InDepthNH.org

CONCORD – The Environmental Protection Agency proposed two actions Thursday to grant New Hampshire’s petition to withdraw from the Ozone Transport Region and to conditionally approve the state’s request to remove its Vehicle Inspection and Maintenance program from the State Implementation Plan.

Elected leaders in New Hampshire reacted positively to the proposed actions of EPA Administrator Lee Zeldin who agreed to expedite a waiver after the vendor for the state’s program took New Hampshire to federal court over ending the vehicle inspection program.

A federal judge ruled that the state was in violation of the Clean Air Act without the waiver.

“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,” said Zeldin in a statement. “The agency will continue to move through the rulemaking process efficiently and in accordance with the Clean Air Act.”

“EPA is grateful for New Hampshire’s partnership as we work together to protect human health and the environment,” said EPA Regional Administrator Mark Sanborn. “Commonsense rulemaking is essential to advancing air quality across New England. We look forward to receiving the public input at this stage of the review process.”
   
In June 2025, 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.

In December 2025, New Hampshire asked EPA to approve a change to its SIP that would remove the state’s vehicle I/M program.

Currently, New Hampshire is part of the OTR, 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 current SIP includes the I/M program.

Under the CAA, the state must get EPA approval before ending the I/M program by showing that doing so will not interfere with the state meeting national air quality standards. To do that, New Hampshire must first be removed from the OTR.

If both of today’s actions are finalized as proposed, New Hampshire will be removed from the OTR, and the I/M program will be removed from the state’s SIP, the statement reads.

The proposed actions are available at: https://www.epa.gov/nh/new-hampshire-clean-air-act-176a-petition-im-program-sip-revision

Attorney General John Formella, who fought the federal suit, said “Today’s proposed actions are an important step toward bringing New Hampshire’s federal air quality requirements into alignment with state law and recognizing the significant improvements in air quality achieved across the State…New Hampshire demonstrated that it can continue to protect clean air and meet federal standards without an unnecessary vehicle emissions inspection program. I commend EPA for its thorough and timely review of NHDES’ submissions and look forward to completing the rulemaking process and securing final approval.”

Also applauding the proposal from the Trump Administration was House Majority Leader Jason Osborne, R-Auburn.

“Today’s decision by the EPA is a victory for Granite Staters. No matter how much out of state corporations and unaccountable federal judges tried, House Republicans fought to ensure that mandatory vehicle inspections stay six feet under the asphalt.”

“I send my gratitude to EPA Administrator Zeldin for his work and partnership in ensuring the repeal of mandatory vehicle inspections, and I am confident that this decision will be finalized and reach the finish line expeditiously. In the meantime, I encourage all Granite Staters to join me to Live Free and Drive!”

“It’s a rare day when I can say it, but the Feds actually got it right,” Osborne said in conclusion.

Democratic Executive Councilor Karen Liot Hill also applauded the announcement and called it “an important step toward resolving the legal uncertainty surrounding New Hampshire’s repeal of its vehicle inspection program.”

She noted, however, that much of that uncertainty could have been avoided.

“The Legislature was warned that withdrawing from the federal requirements governing emissions inspections would take time. Instead, it repealed the program on a timeline that did not allow the state to complete the required federal process first. The result has been months of confusion, litigation and unnecessary expense for New Hampshire taxpayers.

“I hope today’s action puts us on a path toward resolving those lawsuits and ending those costs,” she said.

Liot Hill said she continues to have concerns about what comes next.

“The legislature eliminated not only emissions testing, but our annual vehicle safety inspections. I remain concerned about the impact that could have on the safety of our roads,” she said. “I also believe we need to be very cautious about reducing our commitment to monitoring and protecting New Hampshire’s air quality. New Hampshire and the rest of the Northeast sit downwind of pollution generated across a large part of the country. Clean air is not something we should take for granted.”