U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin has promised New Hampshire officials that his agency will expedite its review of the state’s request for a Clean Air Act waiver that will allow it to repeal its vehicle inspection and maintenance (I/M) program.
The state can expect EPA to share its decision by “early summer” and issue a final decision “before the end of the year,” according to Zeldin, who noted that EPA has up to 18 months to decide on state petitions under the Clean Air Act but will fast-track New Hampshire’s.
Under the Clean Air Act, the state must get EPA approval for a waiver before implementing its June 2025 law to end the program that includes emissions testing.
Against Judge’s Orders, New Hampshire Doubles Down to End Emissions Testing
That effort to repeal the program prompted a lawsuit by Gordon-Darby Holdings, Inc., the parent company of the vendor that has administered the program since its inception and that had its contract terminated because of the new law. Gordon-Darby has said it expects to lose approximately $4.1 million if the law is implemented. Gordon-Darby notified the state in October that it would sue under the Clean Air Act if the state enacted the law.
On January 27, U.S. District Court Judge Landya McCafferty granted Gordon-Darby a preliminary injunction preventing the state from implementing the new law.
US Judge Again Refuses to Allow New Hampshire to Abolish Auto Inspections
The state is appealing that ruling to a federal appeals court. The judge denied a request by the state to lift her injunction while it is being appealed. She warned the state against dismantling the I/M program without an EPA waiver.
However, there are no inspections being done because the state has refused to renew the contract of Gordon-Darby to do what only it does.
As part of the approval process, EPA must decide whether to remove New Hampshire from the Ozone Transport Region (OTR), a group of northeastern states required to include ozone-reduction measures in their various inspection and permitting plans, even if the state already meets federal ozone standards.
In June 2025, Governor Kelly Ayotte, a Republican, signed the law repealing the I/M program, including the emissions testing program in its entirety.
In December 2025, New Hampshire asked the EPA to approve a change to what is called its State Implementation Plan (SIP) that would remove the state’s I/M program. SIPs are regulations used by a state to enforce the national air quality standards and fulfill other requirements of the federal Clean Air Act.
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Pollution
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