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    1. Equipment Maintenance and Repair

    EPA nixes use of Clean Air Act to restrict right to repair

    Aug. 17, 2023
    Cites letter to National Farmers Union
    Noregon
    Tech With Jpro In Shop Hood Open 64de4ec4d4d58

    The Environmental Protection Agency has notified a farmers group that agriculture-equipment manufacturers cannot use the Clean Air Act to restrict owners' access to independent repair. EPA sent the letter to National Farmers Union affirming that the Clean Air Act cannot be used as a basis to restrict repair.

    Equipment manufacturers and dealers have invoked EPA regulations related to tampering with emissions control systems as justification for their need to restrict repair, according to a report by Montana Farmer Union.

    The EPA letter cites Section 203(a) of the Clean Air Act as:

    “No action with respect to any device or element of design...shall be treated as a prohibited act...if (i) the action is for the purpose of repair or replacement of the 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 (ii) such action thereafter results in the proper functioning of the device or element....”

    It also said the Act makes no distinction between repair by a manufacturer versus another party.

    Read more.

    About the Author

    Rod Sutton

    Sutton has served as the editorial lead of Construction Equipment magazine and ConstructionEquipment.com since 2001. 

    Our mission is to help managers of heavy equipment and trucks to improve their performance in acquiring and managing their fleets. One way we do that is with our Executive Institute, where experts share information and ideas that will enable equipment managers to accurately manage equipment costs so that they can deliver the optimum financial benefits to their organizations.

    We also have a laser focus on product development, performance, and technology; as well as equipment acquisition, disposal, and maintenance. Our exclusive Field Tests take earthmoving equipment and truck into the field for professional evaluations.

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