OPEI opposes California small-engine waiver as Congress eyes September vote
The Outdoor Power Equipment Institute (OPEI) is pushing back against California’s latest emissions requirements for small off-road engines (SORE) as Congress considers whether to overturn the federal waiver that allows the California Air Resources Board (CARB) to enforce the rules.
On June 12, the Environmental Protection Agency (EPA), acting under the Congressional Review Act (CRA), transmitted its Jan. 6, 2025, authorization of California’s SORE amendments to Congress for review. The EPA also transmitted waiver authorizations covering several California vehicle emissions programs.
Earlier this month, Sen. Cynthia Lummis (R-Wyo.) and Rep. Jay Obernolte (R-Calif.), along with co-sponsors, introduced CRA resolutions of disapproval targeting the SORE waiver. OPEI said Congress could vote on the resolutions as early as September.
Under the CRA, Congress has 60 session days to consider a resolution of disapproval after a federal agency submits a rule for review. If approved by Congress and signed into law, a resolution would nullify the EPA’s waiver authorization and prevent CARB from enforcing the affected requirements.
Previous waivers
The current action follows a similar congressional effort involving California vehicle emissions rules, according to OPEI. In February 2025, the EPA determined that California waiver authorizations qualify as rules subject to CRA review and transmitted three waivers to Congress: Advanced Clean Cars II, Advanced Clean Trucks and the Omnibus NOx rule.
Congress approved resolutions of disapproval for all three in June 2025, and President Donald Trump subsequently signed them into law. The action effectively overturned the EPA’s previous waiver authorizations and nullified the affected California emissions standards.
The outcome of the SORE resolution could create similar uncertainty for manufacturers and dealers selling equipment subject to California’s small-engine requirements.
A CRA resolution of disapproval is final and cannot be legally challenged. The law also prohibits a federal agency from issuing a rule that is “substantially similar” to a disapproved rule unless Congress specifically authorizes it through subsequent legislation.
California challenges EPA
California has challenged the EPA’s decision to submit the waivers to Congress, arguing that the agency incorrectly determined that waiver authorizations are rules subject to CRA review.
The state’s legal challenges involve separate cases covering the EPA’s 2025 and 2026 waiver transmissions. The 2025 transmissions are being challenged in the U.S. District Court for the Northern District of California, while the 2026 transmissions are being challenged in the U.S. District Court for the District of Columbia.
OPEI noted that the previous EPA administration had determined that waiver authorizations were adjudicatory orders rather than rules subject to congressional review under the CRA. That position was supported by the Senate Parliamentarian and the U.S. Government Accountability Office.
While the litigation continues, CARB has advised vehicle manufacturers that it could seek retroactive enforcement if courts ultimately determine that congressional resolutions of disapproval are unconstitutional. It remains unclear how CARB would respond if Congress disapproves the SORE waiver, including what certification requirements or potential retroactive enforcement could apply.
OPEI opposes amendments
OPEI said it has historically worked with both CARB and EPA on emissions regulations but believes California’s latest SORE amendments are based on flawed emissions data and unrealistic assumptions about technology feasibility. The organization also criticized CARB for adopting and enforcing the amendments before the EPA had completed its waiver determination.
“OPEI continues to oppose the SORE amendments and EPA’s authorization,” the organization said in its weekly news brief.
For outdoor power equipment dealers, the congressional action warrants close watch because a change to California’s SORE waiver could affect the emissions standards, product certifications, and equipment available for sale in California. The outcome also could influence regulatory strategies in other states that reference or follow California emissions requirements. Congress could take up the SORE resolutions as soon as September.
