EPA fast-tracks New Hampshire’s request to opt out of emissions law

(The Center Square) — Federal environmental officials are fast-tracking New Hampshire’s request to opt out of a regional tailpipe emissions law, as part of the state’s efforts to ditch its vehicle testing program.The U.S. Environmental Protection Agency announced Monday that it is “expeditiously working” to review New Hampshire’s proposal to repeal its vehicle inspection and maintenance program and to remove the state 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 after receiving New Hampshire’s petitions in December, the agency said it “plans to move much faster” on its review.
EPA Administrator Zeldin said the reduced timeline “shows the Trump EPA’s focus on working closely with states to adhere to all statutory requirements and finish projects efficiently.” He said a final decision on the state’s request is expected by the end of the year, which he said is “well ahead” of the normal review time.
“This process is a direct reflection of cooperative federalism based on New Hampshire’s needs,” Zeldin said in a statement. “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.”
“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,” he said.
The EPA’s decision to expedite the review comes as New Hampshire fights in court 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 claim 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.
In January, District Court Judge Landya McCafferty granted Gordon Darby a preliminary injunction, ordering the state to keep the inspection program going. The state has appealed the ruling.
Amid the legal fight, the New Hampshire Executive Council in February voted 3-2 not to renew the state’s contract with the company, adding to the confusion for motorists.
Earlier this month, Gordon Darby asked the court to find the state in contempt for refusing to comply with McCafferty’s previous order to keep the program going as the legal flight plays out.

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