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EPA Affirms Farmers’ Right to Repair Equipment

Agri-Pulse’s Noah Wicks reported that “farmers and repair shops are allowed to temporarily override emission control systems for repair purposes, according to guidance issued by the Environmental Protection Agency Monday.

“The guidance says using procedures and tools to temporarily take products ‘out of certified configuration as necessary to perform maintenance and repair’ are not prohibited under the Clean Air Act,” Wicks reported. “While the guidance follows existing language under Clean Air Act regulations, it represents the Trump administration’s foray into a debate over ‘right to repair’ that has taken place in the farm community in recent years.”

AgWeb’s Tyne Morgan reported that the new guidance is “a move EPA Administrator Lee Zeldin says is intended to end years of confusion and misuse of the law that has limited farmers’ ability to fix their own machinery. ‘Unfortunately, equipment manufacturers have misused the Clean Air Act by falsely claiming that environmental laws prevented them from making essential repair tools or software available to all Americans,’ he says. ‘Because of this misinterpretation of the law, manufacturers have limited the ability of farmers and independent repair shops to repair equipment.'”

News release headline reading: ‘EPA Advances Farmers’ Right to Repair Their Own Equipment, Saving Repair Costs and Productivity.’
EPA Press Release Advancing Right to Repair.

“‘Today we are issuing guidance out of the Trump EPA to make abundantly clear that if you own your farm and other non-road diesel equipment, you have the right to fix it,’ Zeldin says,” according to Morgan’s reporting. “‘This might seem like a no-brainer, but ask any American farmer and they will tell you about the headaches and costly hassles that they have been forced to endure at the hands of equipment manufacturers.'”

“Zeldin says manufacturers have relied on what he calls a false interpretation of the Clean Air Act to restrict access to repair tools, software and diagnostic systems,” Morgan reported. “He says today’s announcement will make that new guidance clear.”

Guidance a Direct Response to John Deere, EPA Says

Iowa Capital Dispatch’s Cami Koons reported that “according to the news release from EPA, the letter is ‘a direct response’ to a request for guidance from farm equipment manufacturer John Deere. The company asked EPA to confirm that temporary emission control overrides were permitted under the law.”

“Deere & Co. has been central to the right-to-repair issue, with the Federal Trade Commission and attorneys general from several farming states suing the company at the tail end of the Biden administration for ‘unfair practices’ related to equipment repairs,” Koons reported. “The lawsuit alleged John Deere equipment had sophisticated technology that could only be worked on by company technicians, which limited farmers’ abilities to work on their own equipment. The company said the lawsuit was based on flawed legal theories.”

Progressive Farmer’s Todd Neeley reported that “in a statement to DTN on Monday, John Deere said that because of the EPA’s guidance, the company would be making changes to repair tools available to customers. …’John Deere sought this updated guidance from the EPA with the intent to further increase customers’ and independent repair technicians’ repair capabilities while ensuring compliance with EPA requirements and guidance. John Deere’s request to the EPA is consistent with the company’s longstanding commitment to supporting customer choice on how equipment is repaired — whether through their trusted John Deere dealer, with a local service provider, or by doing the work themselves. In light of the updated guidance, the temporary inducement override capability will soon be made available to John Deere customers through Operations Center PRO Service — John Deere’s enhanced digital repair tool that provides industry-leading diagnostic, repair, and reprogramming capabilities.'”

“In recent years, the U.S. Department of Justice has cracked down on trucking companies and others who were alleged to violate the Clean Air Act in aftermarket schemes to disable emissions-control systems on semi-trucks,” Neeley reported. “In the meantime, groups such as the American Farm Bureau Federation have signed memorandums of understanding with Deere, CNH Industrial Brands and others to expand access to diagnostics and other tools for farmers and independent repair shops wishing to make repairs.”

Repair Guidance Could Save Agriculture $48 Billion

AgWeb’s Morgan reported that “according to Kelly Loeffler, Small Business Administration (SBA) administrator, the savings could be $48 billion across agriculture. For an individual farm, that could mean: $33,000 in savings per repair, $3,000 to $4,000 in potential yield losses avoided due to reduced downtime, 10% reduction in annual operating costs (and) up to 80% reduction in repair costs annually.”

“Loeffler says savings come from avoiding dealer-only repairs, reducing downtime during critical fieldwork windows, and eliminating transportation and labor delays tied to authorized service requirements,” Morgan reported.

Ryan Hanrahan is the Farm Policy News editor and social media director for the farmdoc project. He has previously worked in local news, primarily as an agriculture journalist in the American West. He is a graduate of the University of Missouri (B.S. Science & Agricultural Journalism). He can be reached at rrh@illinois.edu.

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