EPA: Repair Restrictions Not Warranted

EPA Guidance Allows Farmers, Independent Shops to Repair Equipment Emissions

Todd Neeley
By  Todd Neeley , DTN Environmental Editor
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The Trump administration says the Clean Air Act allows farmers to make emissions repairs to their equipment. (DTN file photo)

This article was originally published at 12:12 p.m. CST on Monday, Feb. 2. It was last updated with additional information at 3:01 p.m. CST on Monday, Feb. 2.

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LINCOLN, Neb. (DTN) -- In a single guidance document from the U.S. Environmental Protection Agency, the Trump administration on Monday essentially wiped away the stated reason why equipment companies restrict farmers and independent repair shops from making emissions repairs to their own equipment.

For years equipment manufacturers have interpreted the Clean Air Act's emission control anti-tampering provisions as preventing them from making repair tools available to farmers and independent repair shops.

"We understand that some manufacturers have interpreted the Clean Air Act's prohibition on tampering as prohibiting manufacturers from facilitating repairs by third parties if the repairs require a temporary disablement of the selective catalytic reduction inducement strategy or other elements of the emission control system," the EPA said in a guidance letter issued on Monday.

"The CAA, in fact, anticipates that it may be necessary to disable an element of the emission control system to effectuate a repair and is clear that such an action is not a prohibited act when it is for the 'purpose of repair' and 'such action thereafter results in the proper functioning of the device.'"

Clean Air Act section 203(a)(3) makes it unlawful for anyone to remove or "render inoperative" any device or element of design installed in compliance with the act. It is also unlawful for anyone to manufacture or sell or install any part that "defeats" emissions control systems.

However, the EPA said that prohibiting tampering with those systems does not apply when equipment is in need of repair or to restore it to proper functioning once a repair is complete.

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"We interpret the referenced text, in aggregate, to mean that using one or more procedures and/or tools that temporarily take a product out of certified configuration as necessary to perform maintenance and/or repair are not prohibited acts, provided the engine is returned to its certified configuration before being returned to service," EPA says in the guidance.

EPA said the Clean Air Act text places no limitations on particular characteristics of tools utilized for emissions repairs, such as to whether or not such a tool is available to the general public.

"It is EPA's position that manufacturers should not misread the CAA to create an adjustable parameter, such as an inducement override actuated by a switch or generic tool (electronic or otherwise), without either demonstrating emissions compliance with the adjustable parameter active, or that such an action is to be used only for the purpose of repair or replacement of a device or element, or is a necessary and temporary procedure to repair or replace any other item and the device or element is replaced upon completion of the procedure, and such action thereafter results in the proper functioning of the device or element," the agency said in the guidance.

There continues to be legal battles in courts across the country, because of lawsuits filed by the Biden administration, states and farmers, all alleging John Deere is monopolizing the farm-equipment repair market by limiting the tools available to the public.

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 appreciates today's action by EPA Administrator Zeldin, which responds directly to a formal request made by the company in June 2025," Deere said.

"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. Customers interested in learning more about this tool can visit www.JohnDeere.com/PROService."

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.

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.

On June 3, 2025, John Deere sent a letter to the EPA requesting the agency issue guidance confirming that temporary emissions control overrides are allowed by EPA.

"For years, prominent equipment manufacturers have interpreted the CAA's emission control anti-tampering provisions as preventing them from making essential repair tools available to all Americans," the EPA said in a news release on Monday.

"This has forced farmers to take their equipment exclusively to manufacturer-authorized dealers to be fixed, even though the repair could have been made in the field or at a nearby independent repair shop. Not only has this made repairs more costly, but it has also caused many farmers to opt for older agricultural equipment that lack modern emission controls simply because they can fix that equipment themselves."

Read more on DTN:

-- "Who Should Fix Ag Equipment Emissions?" https://www.dtnpf.com/…

-- "Court Denies Deere on Right to Repair," https://www.dtnpf.com/…

-- "FTC, States Sue Deere on Repair Rights," https://www.dtnpf.com/…

Todd Neeley can be reached at todd.neeley@dtn.com

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Todd Neeley

Todd Neeley
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