August 8, 2023
Contact – [email protected]
WASHINGTON – In a letter to National Farmers Union (NFU), the Environmental Protection Agency (EPA) affirmed that the Clean Air Act (CAA) cannot be used as a basis to restrict independent repair of farm equipment.
In their opposition to Right to Repair legislation, equipment manufacturers and dealers have invoked EPA regulations and the CAA – specifically related to tampering with emissions control systems – as justification for their need to restrict repair.
“EPA confirmed what farmers have known all along – equipment manufacturers have been using bad faith justifications to restrict independent repair,” said NFU President Rob Larew. “I want to thank Administrator Regan and EPA for taking this issue seriously and providing clarity to NFU and farmers across the nation.”
In the letter to NFU, Administrator Regan stated “Your letter… discusses the important anti-tampering provisions of the Act, and your concern that certain manufacturers may be mischaracterizing the implications of those provisions for independent repair… The Act, implementing regulations, and EPA’s policy and practice are aligned in preventing tampering not by limiting access to independent repair, but rather by enforcing the prohibition against tampering against any party that does so.”
EPA Administrator Regan further stated that “Like NFU and its members, EPA believes barriers to the proper repair and maintenance of nonroad equipment is harmful to the environment… We support efforts by anyone to enact legislation clarifying that independent repair is allowable, provided such efforts continue to clearly prohibit illegal tampering of emissions control systems.”
NFU strongly supports a federal legislative solution that guarantees farmers and independent mechanics the Right to Repair farm equipment on fair and reasonable terms and costs.
President Larew added, “The Right to Repair has been a pillar of NFU’s Fairness for Farmers campaign to address the monopoly crisis in agriculture and to promote fair and competitive markets. Farmers and ranchers deserve the Right to Repair their own equipment.”
A copy of the letter from EPA can be found here.
A copy of NFU’s letter to EPA can be found here.
###