June 9, 2025 VIA EMAIL AND HAND DELIVERY Lee Zeldin, Administrator U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, N.W. Washington, D.C. 20460 (202) 564-4700 Zeldin.Lee@epa.gov Re: Request for Administrative Stay of EPA’s Notice of Decision Dear Administrator Zeldin, The Outdoor Power Equipment Institute (“OPEI”) respectfully requests an administrative stay to extend the effective date of the U.S. Environmental Protection Agency’s (“EPA” or “Agency”) action titled “California State Nonroad Engine Pollution Control Standards; Small Off-Road Engines Regulations; Notice of Decision,” published at 90 Fed. Reg. 640 (Jan. 6, 2025) (“Notice of Decision”). Stay is warranted to allow time for judicial review and the Agency’s review of OPEI’s request for reconsideration. The California Air Resources Board (“CARB”) has indicated it will begin enforcing the regulatory amendments the waiver authorizes (“2021 Amendments”) beginning with the 2026 model year. 1 As declarations submitted with this request demonstrate, to be prepared by that date, OPEI’s members must shift their manufacturing models and processes beginning immediately and throughout the summer. Without a stay, manufacturers are stuck in limbo and at risk of being locked out of California’s market, which will result in significant financial and reputational harm. “California State Nonroad Engine Pollution Control Standards; Small Off-Road Engines Regulations; Notice of Decision;” EPA-HQ-OAR- 2023-0151
1 Notably, as described in OPEI’s Petition for Reconsideration, CARB began unlawfully enforcing its 2016 Amendments in 2018 without EPA authorization and in violation of Section 209 of the Clean Air Act. OPEI is not requesting a stay for those requirements. Petition for Reconsideration at 1 n.1.
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