Could EPA Decision Signal The Beginning Of The End For DEF?

Thu, 31 Jul 2025 16:27:17 GMT

Mike Berdo has strong words to describe his ongoing experiences using machinery requiring DEF ( Diesel Exhaust Fluid ) on his southeast Iowa farm.

“It has been an absolute nightmare, at least for us. Mechanics make trip after trip to do little stuff that’s very expensive to fix,” said Berdo, who produces grain and beef cattle near Washington. “We had planting delays last spring … little stuff that came from it and just seemed like [an issue to deal with] day after day.”

The ongoing mechanical issues and costs are why Berdo said he is “all for” EPA rescinding the 2009 Greenhouse Gas Endangerment Finding. The Finding has enabled the agency to regulate greenhouse gas emissions under Section 202 of the Clean Air Act and, in recent years, and launch requirements such as the use of DEF systems in diesel-powered engines.

EPA Draws A Line In The Sand
On Tuesday, EPA Administrator Lee Zeldin released a proposal to rescind the 2009 Finding.

If finalized, the proposal would remove all greenhouse gas standards for light-, medium- and heavy-duty vehicles and heavy-duty engines, EPA said in a follow-up press release .

The move would start with EPA’s first greenhouse gas standard set in 2010 for light-duty vehicles and those set in 2011 for medium-duty vehicles and heavy-duty vehicles and engines.

EPA said the proposal is expected to “save Americans $54 billion in costs annually through the repeal of all greenhouse gas standards, including the Biden EPA’s electric vehicle mandate, under conservative economic forecasts.”

Zeldin made the announcement to rescind the Finding in Indiana, alongside Energy Secretary Chris Wright, and called it the largest deregulatory action in U.S. history.

What The Decision Could Mean To Farmers
Specific to U.S. farmers, the proposal could potentially result in DEF systems no longer being included on new tractors and other heavy equipment using diesel-powered engines, said Chip Flory, host of AgriTalk, during a Farmer Forum discussion on Wednesday.

South Dakota farmer Ryan Wagner told Flory he has a wait-and-see perspective on how or whether the EPA proposal goes into effect. He anticipates that reversing the Finding will take considerable time and effort for EPA to implement.

“It took a long time with the interim engines and things to get into full DEF in the first place,” Wagner said. “I don’t know how long it would take to unwind all that and how quickly manufacturing will just take those systems right off, but it’ll be interesting to see what happens.”

To Wagner’s point, here’s a brief look back at some timing showing when DEF rolled out in agriculture and nonroad equipment and became mandatory . The regulations were phased in over several years based on the type of equipment and engine size:

2008: DEF became required for all new diesel engines with engine sizes over 750 horsepower.

2011: the regulations expanded to include equipment with engine sizes between 175-750 horsepower.

By 2015, all new nonroad diesel engines were required to be Tier 4 compliant and utilize DEF, regardless of equipment type or engine size.

As Wagner considers DEF, he noted its use in diesel engines has provided him with one benefit: “On the plus side, I do like that they don’t make the walls of my shop black. That’s been nice,” he said. “You can run them inside for a short time and not not feel like you’re breathing in a bunch of soot and making everything black.”

Expect Legal Challenges To EPA Decision
A number of environmental groups have already blasted the move by EPA, saying it spells the end of the road for U.S. action against climate change, according to an online article by Reuters .

Legal challenges from various environmental groups, states and lawyers are likely ahead.

That fact wasn’t lost on Flory and the Farmer Forum participants during the AgriTalk discussion on Wednesday.

“If this proposal is finalized, it’s going to start a lot of conversations … and the dominoes are going to start to fall, something that we need to keep track of, no doubt,” Flory said. You can hear the complete Farmer Forum discussion on AgriTalk here:

EPA will initiate a public comment period to solicit input. Further information on the public comment process and instructions for participation will be published in the Federal Register and on the EPA website .

Your next read: Right To Repair Granted? John Deere Launches Digital Self-Repair Tool for $195 Per Tractor

Accidents Happen. Don't Lose the Farm Because of Them

Fri, 27 Jan 2023 18:04:27 GMT

It’s well after lunch, mid-afternoon at an all-day grower meeting, but the 20-plus farmers sitting on metal folding chairs arranged in a half circle are focused intently on the speaker in front of them.

“Only 50% to 60% of farmers going down the road hauling a load of hay, driving a semi with grain or some other piece of equipment are doing so legally,” Fred Whitford tells them.

He pauses momentarily, reflects on what he’s just said, then nods his head: “Yeah, I’m pretty comfortable that’s true. It doesn’t take much to be at fault; it could be as simple as driving on bald tires.”

The farmers look around at each other nervously as Whitford builds on his initial comment.

“If I don’t have grooves in my tires I can’t move water, and I can hydroplane. When I go to brake, I don’t have braking power and the truck won’t stop.…What then?”

Maybe the truck just ends up in a ditch. At the other extreme, the driver has a major accident with a motorist that causes death or life-long incapacitation.

It’s not uncommon. Data from the past decade show that while only 19 of every 100 Americans live in rural areas, more than 50% of all fatal roadway accidents take place there, according to the U.S. Department of Transportation.

It’s a heavy topic, but Whitford wades into it, intent on helping the farmers present prepare for if or when calamity strikes.

Pitfalls To Avoid
One common problem is farmers tend to have insufficient insurance, says Whitford, Clinical Engagement Professor, Botany and Plant Pathology and Director of Pesticide Programs at Purdue University.

“Say you have $2 million dollars of liability coverage, which roughly covers your net worth. One of your vehicles is involved in an accident that causes the death of a child.

The jury awards the child’s parents $5 million. Your insurance company would only be responsible for covering the first $2 million, while you would be responsible for the remaining $3 million,” he says. “That could bankrupt your business.”

Whitford brings up another common issue he sees.

“Who has their farm in an LLC?” he asks the group.

A couple of farmers raise their hands. Most are studying the floor. One mumbles that his land and equipment are in a single corporation.

“Well, sir, that’s not a good idea,” Whitford politely tells the farmer. “I can go into the corporation, get all the insurance money and then I can sell the land. I see it happen all the time.”

Whitford tells the farmer to go home and put his land in a corporation separate from his equipment. “You want to protect the one asset that brings you income,” he advises.

“This is why investing the time with an attorney is so vital.”

Whitford also encourages the group to meet with their insurance agent. “Ask them some questions, like ‘How much am I covered for? And what does that mean?’”

Insurance agents often tell Whitford that when they ask their farm clients to come in for an annual review many don’t even return their calls. “Not getting your annual insurance review is lost opportunity to protect your assets,” he says.

He acknowledges a basic insurance policy for the farm is pricey, and there’s no escaping the expense.

However, additional coverage beyond the basic policy is often available at a more palatable rate. Sometimes referred to as an umbrella policy, it provides additional protection that could literally save the farm.

“It often adds $5 million, $10 million of protection on top of your basic policy and at a discounted rate, but insurance agents often don’t bring it up because they know the odds of you buying it are slim,” Whitford says.

Talk, Listen, Act

As part of your annual meeting with your insurance agent, don’t hold back, Whitford tells the farmers in the room.

“Get your agent’s best advice, discuss all of the possible insurance options, then make the best decisions for you and your farm regarding coverage and policy limits,” he says.

While most farmers believe insurance is important, few read their policies. It’s true that an insurance policy is tedious reading, but making an effort to understand what is (and what is not) covered is important.

“After you suffer a loss, it will be too late to make any changes,” Whitford says. “Even if you don’t personally read your policy, at least develop a list of questions you want your insurance agent or attorney to answer.”

More Information Available

Fred Whitford is the author of more than 300 publications. Two of his recent ones are:

The Aftermath of a Farm Truck Crash: Lawsuits, Settlements, and Court Proceedings

Farm Truck Accidents: Considering Your Liability Management Options