EPA Proposes to Retroactively Approve New Hampshire’s Emissions Testing Rollback
The U.S. Environmental Protection Agency issued two draft proposals on Thursday supporting New Hampshire’s decision to end mandatory vehicle emissions testing, a program the state had already shut down in early 2026 before receiving federal authorization to do so.
The EPA’s proposals would grant New Hampshire’s petition to withdraw from the Ozone Transport Region, a multi-state air pollution coordination body, and would remove vehicle inspection and maintenance from the list of requirements New Hampshire must meet to stay in compliance with the Clean Air Act.
“Today’s proposed actions are an important step toward bringing New Hampshire’s federal air quality requirements into alignment with state law.”
New Hampshire Attorney General John Formella, statement, August 2026
New Hampshire Ended the Program Before Getting Federal Clearance
New Hampshire’s biennial budget included language mandating the end of the vehicle inspection and emissions testing program in early 2026. The state moved forward despite a direct warning from EPA Region One Administrator Mark Sanborn that doing so without prior federal approval would put New Hampshire in violation of federal law.
Emissions testing is embedded in a federal framework under the Clean Air Act. States must maintain official air quality plans, called State Implementation Plans, and any changes to those plans require EPA approval. New Hampshire submitted an application to amend its plan, but the state did not wait for a decision.
EPA officials said the review could take up to 18 months. Administrator Lee Zeldin said the agency was expediting the process.
A Lawsuit Claims Air Quality Has Already Worsened
The rollback has not gone unchallenged. Gordon-Darby, a Kentucky-based company that supplied New Hampshire auto shops with emissions testing equipment, filed a Clean Air Act lawsuit against the state in late 2025. That suit was later withdrawn, but Gordon-Darby has since joined a separate lawsuit filed by a Wilton, New Hampshire woman who alleges the end of emissions testing has worsened local air quality and harmed her health.
New Hampshire officials submitted data they said shows ending the tests will not harm air quality. Independent experts who reviewed a draft version of that application said the data was not conclusive.
The EPA’s draft proposals are not final. Both will go through a public comment period, including written comment opportunities and a public hearing, before any final decision is issued.
What you can do now
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Submit a written comment to the EPA during the public comment period. When the docket opens on regulations.gov, search for the New Hampshire Ozone Transport Region petition and the Clean Air Act State Implementation Plan amendment. Comment opposing approval without conclusive air quality data. Your comment becomes part of the legal record.
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Call your U.S. senators at (202) 224-3121 and ask them to press the EPA to require independent air quality modeling before finalizing approval of New Hampshire’s plan. Tell them the current data submission was deemed inconclusive by outside experts.
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Contact the EPA’s Region One office directly at (888) 372-7341. Ask that the public hearing be held in New Hampshire, in an accessible location, and that adequate notice be given to residents near high-traffic corridors most affected by vehicle emissions.
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Find and contact your New Hampshire state legislators at gencourt.state.nh.us/house/members/default.aspx. Ask them to commission an independent air quality study before the EPA issues a final ruling, particularly for communities near major highways.
Sources
New Hampshire Bulletin: EPA Draft Decision Supports NH Plan to End Vehicle Inspection
EPA: Clean Air Act State Implementation Plan Requirements Overview