Letters to the Editor

EPA's Right-to-Repair Announcement Is Welcome, But Incomplete

The views expressed are those of the individual authors and not necessarily those of DTN, its management or employees.

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To the Editor:

EPA administrator Lee Zeldin deserves credit for stating plainly what farmers have known for years: Equipment manufacturers have misused the Clean Air Act to block access to repair tools and software. The Feb. 2 announcement by the EPA, USDA, and SBA represents a meaningful step forward for American agriculture.

But let us be clear about what the announcement does and does not accomplish.

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The new guidance affirms that farmers may temporarily disable emission control systems when making repairs, provided the equipment is returned to compliance. This is welcome news. However, the guidance addresses only half the problem. Without access to the diagnostic tools, software, and technical information that manufacturers reserve exclusively for their authorized dealers, farmers and independent repair technicians cannot perform these temporary overrides -- or any emission-related repairs whatsoever.

The law already addresses this. Under 42 USC 7521(m)(5), manufacturers are required to provide "any and all" information necessary for maintenance and repair to independent service providers as authorized dealers. This requirement applies to nonroad engines through 42 USC 7547(d) and is promulgated in 40 CFR 1068.101(b)(6). The statute is clear. What has been missing is enforcement.

My grandfather, Theo Brown, served as chief engineer at John Deere and held 158 patents. He understood that farmers need equipment they can maintain and repair. The complexity of modern machinery does not change this fundamental truth -- it makes access to repair information more essential, not less.

Today, a farmer who wants to diagnose a fault code or reset an emission system after a repair cannot do so without software that manufacturers refuse to provide. The announcement by Administrator Zeldin, Ag Secretary Brooke Rollins, and SBA Administrator Kelly Loeffler tells farmers they have the right to make repairs. But without the tools and information to exercise that right, the announcement remains aspirational.

The remedy is straightforward. EPA has the authority to suspend Certificates of Conformity for manufacturers who fail to comply with the repair information requirements already on the books. This is not a request for new regulations or expanded authority. It is a request to enforce existing law.

Administrator Zeldin spoke of manufacturers "misusing" the Clean Air Act. He is correct. But the misuse extends beyond false claims about what the law prohibits. It includes the ongoing failure to comply with what the law requires -- the provision of repair information to all Americans.

The $48 billion in potential savings cited by Administrator Loeffler will remain unrealized until farmers can actually access the tools and information necessary to perform repairs. The 95% of farmers who believe they should be able to repair their own equipment are waiting for more than guidance. They are waiting for action.

I respectfully call on EPA to announce its intention to enforce 42 USC 7521(m)(5) for nonroad engines and to suspend the Certificate of Conformity for any manufacturer that fails to comply within 90 days. The announcement on Feb. 2 opened a door. It is time to walk through it.

Willie Cade

Director, Theo Brown Society

Board Member, Repair.org

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Letters may be emailed to edit@dtn.com or mailed to Greg Horstmeier, DTN, 18205 Capitol Avenue, Omaha, NE 68022.

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