The Environmental Protection Agency issued new guidance allowing farmers to repair their own equipment, saying manufacturers have improperly used the Clean Air Act to restrict access to repair tools or software.
EPA Administrator Lee Zeldin, along with Secretary of Agriculture Brooke Rollins and Small Business Administrator Kelly Loeffler, announced on Monday new guidance clarifying that farmers and equipment owners can temporarily override emission systems for repairs, provided the equipment is returned to compliance.
The guidance is part of an effort to ensure farmers and equipment owners have the right to repair their own equipment. In recent years, manufacturers have withheld software and tools, forcing farmers to go to the nearest authorized dealership and wait for repairs.
Zeldin said manufacturers have “misused” the Clean Air Act, which regulates emissions for farm equipment, “by falsely claiming that environmental laws prevented them from making essential repair tools or software available to all Americans.”
The administrator said that the “misinterpretation” has limited farmers and independent repair shops from fixing equipment.
“The Clean Air Act was written to ensure clean air for all Americans, not to lock farmers into expensive repairs,” Zeldin said.
The EPA’s guidance applies to all nonroad diesel equipment with advanced emission control technologies, including diesel exhaust fluid systems. Farmers will also not be required to rely solely on authorized dealers for equipment repair.
“Farmers shouldn’t be forced to haul their equipment to specialized and costly repair shops when they could be making those repairs on their own,” Rollins said.
The new guidance comes after agricultural equipment manufacturer John Deere sent a letter to the EPA requesting that the agency issue guidance confirming that temporary emission control overrides are allowed. The EPA in August also issued guidance urging engine and equipment manufacturers to revise DEF system software in existing vehicles and equipment to prevent severe power loss and avoid impacting productivity.
Farmers’ ability to repair their own equipment, or lack thereof, has been an ongoing problem in the industry and has been a priority for both Republicans and Democrats. Former President Joe Biden ordered the Federal Trade Commission to combat manufacturer restrictions on repair for farm equipment and other goods.
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Under the Biden administration, the FTC last January sued Deere & Company, also known as John Deere. The FTC claims that the company engaged in unfair practices that prevented farmers from repairing their own equipment and increased their costs. The lawsuit is still ongoing.
