New Hampshire’s plan to stop testing vehicle emissions in two months as part of an end to annual car inspections is facing another objection in the form of a threatened lawsuit that says the move could violate long-standing obligations under federal environmental laws.
Gordon-Darby, a firm that provides auto emissions tests and related services through subsidiaries in New Hampshire and two other states, has filed a 60-day notice of intent to sue the state. The firm argues that ending inspections isn’t allowed under the Clean Air Act unless the federal Environmental Protection Agency (EPA) gives approval.
The state has petitioned for such approval, arguing that technical improvements in vehicles mean the inspections aren’t needed for New Hampshire to stay below air pollution limits.
A new state law says the annual inspections for safety and pollution reasons, which date back decades, will end on Jan. 31. Supporters say inspections are an unnecessary expense that add little to drivers safety.
Most of the debate before the law passed involved safety and cost. Concern about repercussions from end of emissions testing have come up more recently.
State regulators told legislators at a recent hearing that their analysis concluded New Hampshire would meet federally mandated levels for pollutants that lead to smog even after inspections end because modern cars and trucks are generally cleaner. They noted that since 2012, New Hampshire has been meeting federal emissions requirements as part of its participation in the 11-state Ozone Transport Commission set up under the Clean Air Act.
A letter from Gordon-Darby’s attorneys threatening the lawsuit argues there is not enough time for the EPA to review New Hampshire’s plan to stay in compliance with federal air quality standards before the new state law goes into effect. If state agencies “do not take immediate action to resume implementation of the [inspection] program … until EPA approves a revised [plan] altering that program, Gordon-Darby intends to file suit … seeking declaratory and injunctive relief to compel compliance.”
Concern about the repercussions of ending emissions inspections isn’t new.
In February, Robert Scott, commissioner of the state Department of Environmental Services, wrote legislators a letter saying, “Should New Hampshire repeal or even alter the program requirements without obtaining EPA approval it could, if not rectified, subject the state to federal sanctions up to and including loss of federal highway funds as provided under the [Clean Air Act].”
The end of inspections has drawn opposition from, among others, the New Hampshire Auto Dealers association and Sierra Club environmental group.