Emissions Developments EPA California Air Resources Board (CARB) SORE Amendments Wavier Authoriza on On August 2, 2022, the CARB Execu ve Office “adopted” the proposed Small Off-Road Engine (SORE) amendments and submi ed the rule to the California Office of Administra ve Law (OAL) for approval. The rules were effec ve January 1, 2023. The Clean Air Act (CAA) requires that CARB request to the EPA Administrator a waiver of the CAA state rules (and receive approval of the waiver) before new emission rules can be “enforced”. EPA approved CARB’s SORE Amendments waiver on January 6, 2025. Subsequently, CARB announced that since MY 2025 has already started, CARB would delay enforcement un l MY 2026. Addi onally, CARB issued a no ce of exemp on for portable generators – allowing non-CARB compliant generators to be sold in California for a limited me to support LA fire emergency response efforts. Sales of non-CARB compliant generators are allowed un l June 30, 2025. OPEI Pe ons to EPA’s CARB SORE Amendments Wavier Authoriza on On December 16 the Board unanimously approved funds and directed staff and VNF to prepare EPA & court challenges of the an cipated waiver approval. January 29 Pe on to EPA for Reconsidera on On January 29 OPEI filed a pe on for reconsidera on of its wavier approval with EPA. The pe on highlights errors EPA made in its decision as the basis for reconsidera on and withdrawal of the wavier. On May 9 OPEI met with the EPA Deputy Assistant Administrator for Mobile Sources, Alex Dominguez, to discuss the status of OPEI’s January 29 pe on for reconsidera on and it’s March 5 le er to Administrator Zeldin reques ng the SORE waiver decision be sent to Congress for review. OPEI emphasized the need for certainty as Model Year 2026 planning and cer fica on “seasons” are beginning – and CARB will start enforcing the waiver for MY2026 absent EPA withdrawing the wavier or issuing a stay. Mr. Dominguez requested a “one-pager” of the issues for considera on. Regarding a poten al Congressional Review Act review, Mr. Dominguez noted EPA would not send any other waivers to Congress un l they acted on the 3 waivers that the agency sent (Advanced Clean Cars II, HD Low-NOx, and Advanced Clean Truck waivers). Mr. Dominguez commented that once Congress acted, if they disapproved the waivers, EPA would consider sending other waivers. On June 9 OPEI submi ed to EPA a stay request and stay declara ons (Briggs & Stra on, ECHO, Kawasaki, Rehlko, and S hl) asking EPA to grant an administra ve stay while EPA and the courts consider OPEI’s pe ons. (ATTACHMENT) An “administra ve stay” would stay EPA’s waiver decision pending judicial review – which would provide some certainty for manufacturers heading into 2026. (NOTE, EPA could alterna vely issue a 90-day stay – which would not provide the certainty needed for MY 2026.)
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