The unpopular vehicle emissions program in several Middle Tennessee counties as well as Hamilton County is finally ending after approval was given by the federal Environmental Protection Agency.

EPA’s ruling becomes effective on Sept. 16 and emissions testing will no longer be required beginning Jan. 14, 2022.

The ruling also affects Rutherford, Sumner, Williamson and Wilson counties. Davidson County has chosen to continue its testing program.

In counties where vehicle emissions testing is ending, persons registering their vehicles on or before Jan. 13, 2022 will still be required to get the vehicle emissions test. Residents in those counties who register after Jan. 13, 2022 will not have to undergo vehicle emissions testing.

Rep. Mike Carter had led in the passage of a bill that was signed in 2018 by then-Governor Bill Haslam to halt the program. However, approval was still needed from the EPA.

Rep. Carter's widow, Joan Carter, who is filling his seat on an interim basis, said the EPA approval actually happened several months ago but it just went on the Federal Register on Tuesday morning.

Rep. Joan Carter said, "I wish Mike were here to receive the news that the vehicle emissions testing program is finally ending.

"This was something he worked very hard on for many years.

"Ending a federal program is never easy, even a program like emissions testing that has outlived its usefulness. Over the years, more fuel and energy efficient cars on the road made the program largely obsolete. Worse still, the program was a regressive tax on Tennesseans who could least afford to pay it. It wasn’t the nine dollar fee, it was the hundreds and sometimes thousands of dollars in repair costs associated with getting a light turned off that often had nothing to do with emissions.

"There were other costs associated with this program too. Police officers told us about stopping people who couldn’t afford to get their tag renewed. Single mother’s, students, retirees, don’t stop driving to the grocery store, to class, to doctors appointments, because of an expired tag. They just risk it.

"I’d like to thank Senator Watson, Leader Lamberth, TDEC, and all the great people across Tennessee who worked so hard to get this done.

"Mike would be very proud."

Senator Bo Watson said, “This is a huge win for the people of Hamilton County. The emissions testing has been an unfair burden on all taxpayers in Hamilton County, but particularly our poorest residents, who are forced to remedy auto issues they can’t afford. The testing no longer served a purpose as most modern vehicles are aligned with emissions standards.

"Rep. Carter and I worked relentlessly to end this now needless government program, and I’m pleased the EPA has finally given the go ahead to wind it down in Hamilton County. My only regret is that Rep. Carter did not live to see this day.”

“This decision by EPA is a major step that means an end to mandatory tests of vehicles for many Tennesseans,” TDEC Commissioner David Salyers said. “It’s a recognition of the improvement of our state’s air quality and demonstrates the diligence Tennesseans have shown toward achieving and maintaining this goal.”

 

“Emission testing is not only time-consuming for taxpayers, but also completely unnecessary,” House Majority Leader William Lamberth, R-Portland, said. “Today’s vehicles are environmentally cleaner than ever before and Tennessee’s air quality is exceptional.  I’m very proud we have finally eliminated this obsolete test that put a terrible burden on lower income families and small business owners by forcing them to pay for needless repairs.”

 

"Finally we will see an end to the unnecessary stress, long waits and financial burdens placed on hardworking families in Williamson, Sumner, Rutherford, Hamilton and Wilson counties where emissions testing is required,” Senate Majority Leader Jack Johnson, R-Franklin, said. “This action puts in motion the legislation our General Assembly passed in 2018 to end emissions testing and I appreciate the efforts of all of our legislators and state officials who have worked hard to end this burdensome requirement."

 

Those who have questions regarding the elimination of vehicle emissions testing may visit the TDEC website.

 

The notation on the Federal Register says:

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Supplemental notice of proposed rulemaking.

SUMMARY:

 

Through this supplemental notice of proposed rulemaking (“supplemental proposal” or “SNPRM”), the Environmental Protection Agency (EPA) is seeking public comment on the Agency's additional and clarified technical rationale related to the proposed approval of Tennessee's February 26, 2020, state implementation plan (SIP) revisions requesting the removal of Tennessee's motor vehicle inspection and maintenance (I/M) program requirements for Davidson, Sumner, Rutherford, Williamson, and Wilson Counties in Tennessee (also known as the Middle Tennessee Area) and Hamilton County (also known as the Chattanooga Area), from the federally-approved SIP. Specifically, EPA proposes to affirm that the Hamilton County and Middle Tennessee areas would continue to attain and maintain the national ambient air quality standards (NAAQS or standards) after removal of the I/M program, and to rely on an emissions inventory comparison to inform its determination that both areas would continue to attain and maintain the ozone and carbon monoxide (CO) NAAQS. EPA is further proposing to conclude that the removal of the I/M program will not interfere with other states' ability to attain and maintain the 2008 ozone NAAQS under the good neighbor provision of the Clean Air Act (CAA or Act) and providing additional information related to that conclusion. EPA is now taking comment on the use of this comparison and additional information in this supplemental proposal.

TDEC released the following list of frequently asked questions:

1.     What just happened?

 

The Environmental Protection Agency (EPA) has published approval in the Federal Register of a revision to Tennessee’s air quality plan, referred to as the State Implementation Plan (SIP). This revision means the annual inspection and maintenance (“vehicle emissions testing”) requirement for vehicle registration will end in five Tennessee counties – Hamilton, Rutherford, Sumner, Williamson and Wilson. Davidson County will continue vehicle emissions testing.

 

EPA’s approval will be effective Sept. 16, 2021, which is 30 days after publication in the Federal Register. Tennessee law states that the elimination of vehicle emissions testing will be effective Jan. 14, 2022, which is 120 calendar days following EPA’s approval. The last day vehicle emissions testing will be required in Hamilton, Rutherford, Sumner, Williamson and Wilson counties is Jan. 13, 2022. 

 

2.     Why is vehicle emissions testing ending?

 

The Tennessee General Assembly passed a law, signed by former Governor Bill Haslam on May 15, 2018, that eliminates vehicle emissions testing 120 calendar days after EPA approval.

 

3.     Does vehicle emissions testing end immediately?

 

No. Vehicle emissions testing will no longer be required in certain counties after Jan. 13, 2022.

 

On or before Jan. 13, 2022, persons registering their vehicles in any Tennessee county that requires vehicle emissions testing will still be required to get a vehicle emissions test. After Jan. 13, 2022, persons registering their vehicles in Hamilton, Rutherford, Sumner, Williamson and Wilson counties will no longer be required to get a vehicle emissions test.

 

Vehicle emissions testing in Davidson County will not end on Jan. 14, 2022. Persons registering their vehicles in Davidson County will still be required to complete vehicle emissions testing in order to register their vehicle.

 

4.     Why is vehicle emissions testing continuing in Davidson County?

 

As part of the May 15, 2018 law, counties with their own vehicle emissions testing contract were given the option to continue vehicle emissions testing requirements with approval from their local governmental body. Metro Council voted to continue vehicle emissions testing in Davidson County. For more information on Davidson County’s vehicle emissions testing, click here.

 

5.     What does this mean for air quality and public health?

 

EPA determined that the removal of vehicle emissions testing in Tennessee is consistent with the federal Clean Air Act and all applicable regulations. Tennessee continues to maintain the cleanest air it has seen in decades.

 

EPA’s technical analysis concludes that after removal of vehicle emissions testing, Hamilton County and the Middle Tennessee area will continue to comply with all National Ambient Air Quality Standards (NAAQS). Since the NAAQS are set to protect public health and welfare, and EPA’s technical analysis shows that the areas will continue to comply with all NAAQS, public health and welfare will continue to be protected once vehicle emissions testing is removed from the Tennessee SIP.

 

6.     Why will vehicle emissions testing continue until Jan. 14, 2022?

 

State law requires vehicle emissions testing to end 120 days after EPA approves removal of vehicle emissions testing from the SIP. The approval was published in the Federal Register on Aug. 17, 2021. It becomes effective 30 days after publication, on Sept. 16, 2021. Vehicle emissions testing will end on Jan. 14, 2022, which is 120 calendar days after the effective date of EPA’s approval.

 

7.     Why did it take this long for vehicle emissions testing to end?

 

Vehicle emissions testing in Tennessee was required by federal law. To remove the vehicle emissions testing requirement from Tennessee’s SIP, a number of steps had to be taken to remain in compliance with federal law.

 

TDEC completed a detailed analysis of air quality impacts associated with vehicle emissions testing to ensure attainment of NAAQS was not jeopardized. This analysis and accompanying report were approved by the Tennessee Air Pollution Control Board and sent to EPA for review and approval. EPA then reviewed Tennessee’s submission and conducted its own technical analysis to confirm attainment of air quality standards was not jeopardized. The removal of the vehicle emissions testing requirement from the SIP required public hearings as well as comments and responses at both the state and federal level.

 

According to state law, vehicle emissions testing will end 120 calendar days after approval by EPA. EPA’s approval will be effective 30 days after publication in the Federal Register.  

 

8.     Will my county clerk register my vehicle without a vehicle emissions test?

 

County clerks will continue to require proof of a passing emission test until Jan. 13, 2022, barring any exemptions or waivers. Renewals in Davidson County will continue to require a passing emissions test.

 

 

9.     Do I still need an exemption if I am out of state?

 

If your tags are due for renewal in January 2022 and the vehicle is located out of state, you are still required to apply for an exemption from vehicle emissions testing requirements if registering the vehicle before Jan. 14, 2022. After Jan. 13, 2022, an exemption will not be required to renew your vehicle registration. An out-of-state exemption will continue to be required for Davidson County.

 

10.  What if I fail my vehicle emissions test?

 

If your vehicle fails the vehicle emissions test, you are given a 30-day waiver to get required repairs on the vehicle. If your waiver period ends before Jan. 14, 2022, you will be required to pass a vehicle emissions test before renewal of your registration is allowed. If your repair period extends to after Jan. 13, 2022, you will not have to get your vehicle emissions tested for renewal. Residents of Davidson County should review the county-specific requirements. 

 

11.  Will I be able to renew my vehicle registration online without proof of vehicle emissions testing after Jan. 13, 2022?

 

TDEC will coordinate with the Tennessee Department of Revenue to ensure that vehicle emissions testing requirements for online vehicle registration renewals will not be required after Jan. 13, 2022 for Hamilton, Rutherford, Sumner, Williamson and Wilson counties. Vehicle emissions testing requirements for online vehicle registration renewals will remain for Davidson County.

 

12.  My vehicle registration renewal says I still need a vehicle emissions test. What should I do?

 

TDEC will be coordinating with the Tennessee Department of Revenue to ensure that all mailings for vehicle registration renewals accurately detail vehicle emissions testing requirements. However, if you are a resident of Hamilton, Rutherford, Sumner, Williamson or Wilson County and you receive renewal correspondence after Jan. 13, 2022 indicating a need for vehicle emissions testing, please disregard the information regarding vehicle emissions testing.