Ongoing industry-led EPR efforts are underway and should be considered within any guidance or regulatory developments. OPEI continues to highlight the importance of involving major transportation carriers, such as FedEx and USPS, to enhance the effectiveness of the collection and recycling processes- especially in remote locations such as Hawaii. As follow up to prior Board request, a question concerning how any remaining OPEI Canada funds would be allocated if the BC Stewardship program were to be disbanded. A legal opinion was sought and highlighted that funds could go to OPEI directly after all obligations were resolved and no funds would be expected to be returned. A long-time OPEIC lobbyist, Keith Bell, will be retiring with new support expected to be in place in the coming weeks. Emissions Developments • The Van Ness Feldman (VNF) team: Britteny Fleming, Dick Penna, and Charlene Koski gave an update on the CARB challenge. In accordance with the Board’s December 19 direction, following EPA’s January 6 waiver approval, OPEI filed a petition for reconsideration with EPA and a petition for review in the 9 th Circuit. CARB & Earthjustice have filed motions to intervene in the 9 th Circuit petition for review. The original 9 th Circuit briefing schedule, subject to any abeyance, requests OPEI briefs by May 1 and an EPA response by June 2. EPA has no administrative requirement to respond to a petition for reconsideration so that schedule is uncertain. • Additionally, CARB issued a Manufacturer Advisory Correspondence advising that since MY 2025 has already started, CARB would delay enforcement until MY 2026. It was asked that a timeline be released to members the key dates and activity. • VNF also discussed the potential of Congress using the Congressional Review Act (CRA) to disapprove EPA’s waiver authorization. Recent Government Accountability Office (GAO) and Senate Parliamentarian opinions suggest waivers are not rules – so it is unclear if/how/when Congress will take up 3 waivers recently submitted by EPA (which does not include the SORE waiver), or if/when EPA will send the SORE waiver to the Hill. • Due to the uncertainty of all the moving pieces, VNF recommended OPEI request a meeting with EPA to discuss the timing concerns of the ongoing petitions, the status of OPEI’s request that the SORE waiver be sent to the Hill, and a potential stay request. No Board objections were noted. • Furthermore, VNF recommended OPEI restart efforts to prepare for EPA and 9 th Circuit stay requests – as MY2026 business planning and certification work must start immediately. No Board objections were noted. OPEI will proceed to finalize and submit stay declarations requesting a stay from CARB enforcement.
Mr. Knott gave an update on states looking to ban gas leaf blowers and trimmer equipment. States include AR, Indiana, UT, FL and NJ.
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