Groups call on EPA to investigate Deere over violations of Clean Air Act

The agricultural equipment maker denies farmers and independent repair pros access to the emissions systems on its equipment, in violation of federal law, a US PIRG and Repair.org investigation found.

The U.S. Public Interest Research Group (US PIRG) on Thursday joined with the Repair Coalition to call on the U.S. Environmental Protection Agency (EPA) to investigate agricultural equipment giant John Deere for what the groups say are violations of a U.S. Clean Air Act.

Deere restricts access to emissions systems on equipment to authorized John Deere repair professionals and dealerships and does not allow independent repair of the emissions control systems, the groups allege. That is in violation of a provision of the Clean Air Act and long-standing federal regulations (CFR Section 1039.125 (f)). That provision states, among other things, that manufacturers must inform customers that “a repair shop or person of the owner's choosing may maintain, replace, or repair emission-control devices and systems.” Further, manufacturers “may not require components or service identified by brand, trade, or corporate name” or “directly or indirectly condition your warranty on a requirement that the engine be serviced by your franchised dealers or any other service establishments with which you have a commercial relationship.”

Another section of that law concerning payment for scheduled maintenance of engines states that “owners are responsible for properly maintaining their engines.”

According to the language of the regulations, manufacturers are freed of that requirement only if they receive a waiver from the EPA, or in the case of components they provide to their customers for free - which is not the case with Deere engines, where repairs and maintenance can run to hundreds or thousands of dollars per incident.

John Deere did not respond to an e-mail request for comment from Fight to Repair prior to publication. We will update this story should the company issue a statement in response.

An EPA spokesperson said in an email that the agency “cannot comment on potential or ongoing enforcement action.”

Repair restrictions cost farmers … big

“By restricting access to software necessary to make repairs, Deere forces farmers to pay a premium for repair,” the statement reads. “Moreover, Deere’s monopoly on repairs contradicts some of its own Operator’s Manuals.”

“John Deere is breaking the law and squeezing farmers every day,” said Repair.org Board Member Willie Cade, who conducted the research. “Deere has been locking farmers out of their own tractors while reporting that farmers have full repair choice.”

Deere restricts access to emissions systems and other critical data needed to perform maintenance via its Service ADVISOR software. As we reported yesterday, the Customer version of Service ADVISOR does not provide access to emissions systems, whereas the version available to John Deere dealerships does.

By forcing farmers to use its authorized dealers and cutting independent repair shops and owners off from being able to do repairs and maintenance, Deere can charge “supracompetitive” prices for service, while also artificially constraining their network of dealerships, leading to long wait times for service, according to research compiled by Repair.org and PIRG.

That costs farmers. As we noted in an earlier post, Kevin Anderson, a 5th generation farmer in Somerset County Maryland told a Committee considering right to repair legislation in the Maryland House of Delegates last year that his company spent $138,000 in 2020 on repair and maintenance alone. Prices for repair run upwards of $100 an hour, including milage and service fees, Anderson told the committee.

In recent months, those practices have spawned more than a dozen class action lawsuits filed by farmers against the company for violations of federal anti-trust laws.

Irony alert: Clean Air Act is Pro Right to Repair

Ironically, the Clean Air Act figures prominently in the opposition of Deere and Deere dealers to state right to repair laws that would require the company to make available to farmers the same software, information and parts its gives to its authorized dealers and service professionals. At hearings across the country in recent years like this one in Maine from 2020, John Deere dealers have testified that giving access to diagnostic software and tools to their customers or independent service providers would promote violations of environmental laws - for example by allowing farmers to boost the performance of their engines.

This newsletter wrote about the myriad ways that manufacturers weaponize the language of the Clean Air Act as part of a campaign to normalize draconian restrictions on access to service and repair tools and information.

The research by Repair.org and US PIRG turn that argument on its ear.

“I’ve watched as Deere representatives have told legislators in statehouses across the country they have to restrict farmers’ ability to fix their own equipment in order to abide by emissions regulations,” said PIRG Right to Repair Campaign Director Kevin O’Reilly in a statement. “Based on the Repair.org findings, it looks like Deere might be the one blowing smoke.” 

Calls for action

The groups are calling on the EPA to take action. Under federal law, the EPA requires manufacturers of “nonroad diesel engines” like those in Deere equipment to apply and obtain a certificate of conformity with the Clean Air Act on an annual basis. If the EPA deems that a manufacturer fails to comply with emissions standards or the Clean Air Act, it can deny or revoke the company’s certification.

“Federal agencies such as the Federal Trade Commission are starting to crack down on illegal repair restrictions,” said Repair.org Executive Director Gay Gordon-Byrne, referring to recent FTC actions against Harley-Davidson, Westinghouse and Weber Grills. “Companies like Deere should be warned: If you are illegally blocking customer repair, we’re going to work to hold you accountable.” 

A string of complaints

Deere’s ardent anti-repair stance and envelope-pushing practices have made it a symbol of abusive, anti-competitive practices for repair advocates.

A report done by U.S. PIRG Education Fund, for example, found that John Deere’s strategy to consolidate local dealerships into larger chains has led to there being only one Deere dealership chain for every 12,018 farms and every 5.3 million acres of American farmland. 

“Repair restrictions are just another example of the ways that excessive corporate control is taking a toll on rural America,” O’Reilly said. “The EPA should do everything in its power to ensure that John Deere fully complies with the Clean Air Act and stops making it harder for farmers to produce our food supply. On our end, we will continue to explore other legal avenues to ensure that John Deere abides by the law—and stops implying that it can't let farmers fix their equipment, when the law states the opposite.”