On May 8, 2004 the Canada Gazette published a Part I Regulation that would bring Canada's Emission Regulations for Off-Road Diesel Engines in line with those of the U.S EPA. These regulations would take effect for model year 2006 and later engines. Canada also plans to maintain alignment with the U.S. EPA 2008 (Tier 4) rules for off-road diesel engines, once these are finalized in the United States. These proposed Regulations apply to persons in the business of manufacturing, distributing or importing for sale in Canada, off-road diesel engines and machines, and to persons who import these engines and machines for their own use. Typically, these off-road engines are used in construction, mining, farming and forestry machinery, such as tractors, excavators, and log skidders.
Under the December 2000 Ozone Annex to the 1991 Canada-United States Air Quality Agreement, Canada is committed to establishing emission regulations under the "Canadian Environmental Protection Act, 1999" for new non-road engines aligned with the U.S. federal emissions program. These proposed Regulations fulfill this aspect of Canada's bilateral agreement and according to Canada, will contribute toward meeting the targets established under the Canada-wide Standards for Particulate Matter and Ozone.
In anticipation of these emissions regulations, the Canadian Government issued a "Memoranda of Understanding" (MOU) between Environment Canada and 13 engine manufacturers, which came into effect in 2000. These manufacturers produce the majority of engines currently sold in Canada. Under this MOU, manufacturers voluntarily agreed to supply off-road diesel engines designed to meet the then applicable Tier 1 emission standards of the U.S. EPA.
These Canadian regulatory standards will be applied throughout the useful life of the engine. The duration of useful life is stated as being between 3,000 and 8,000 hours of operation or five to ten years of use, depending on engine power.
General provisions concerning the performance of emissions-control devices and a prohibition on the use of a defeat device are included in the proposed Regulations. Engines equipped with adjustable parameters will have to comply with all requirements of the proposed Regulations regardless of how the parameters are adjusted.
Alternative, less stringent emission standards, consistent with those prescribed under the U.S. Code of Federal Regulations, will be available for:
- Replacement engines manufactured exclusively to replace an existing engine in a machine for which no current model year engine with the necessary physical and performance characteristics exists; and
- Transition engines that correspond to the flexibility provisions, available under the U.S. EPA standards, for machine manufacturers to continue using an earlier engine specification where changes to accommodate a new technology engine would be difficult.
Companies will be responsible for ensuring that their products comply and will be required to produce, upon request, evidence of such conformity. The Canadian Environmental Protection Act of 1999 directly requires compliance with the standards as a condition of importation into Canada. Engines manufactured in Canada, however, will require a national emissions mark. Should there be a Canadian manufacturer of such engines (there are none known at present), the proposed Regulations will establish the mark and the procedures to apply for the Minister's authorization to use it.
Almost all engines are expected to demonstrate compliance through evidence of a valid U.S. EPA certificate of conformity and sales in the United States. Engines that are sold only in Canada will be required to demonstrate compliance according to the procedures set out in the proposed Regulations, which are aligned with the U.S. EPA requirements.
Although companies will not be required to maintain records within Canada, the records will have to be made available upon request by Environment Canada. The form of records, evidence of conformity and deadlines for their submission are prescribed in the proposed Regulations. These records can include copies of the U.S. EPA certificate of conformity and supporting documentation used to obtain this certificate, along with evidence demonstrating concurrent sale of engines in the United States.
Administrative requirements include:
- Information to be provided when importing engines;
- Written instructions regarding emissions-related maintenance, to be provided to the first retail purchaser;
- Information to be submitted by a company when applying for an exemption (CEPA 1999, section 156);
- Procedure to be followed by a company issuing a notice of defect (CEPA 1999, section 157); and
- Rental rate to be paid to the company by the Minister for the provision of a test engine (CEPA 1999, section 159).
Off-road diesel engines excluded from the proposed Regulations include:
- Engines designed exclusively for competition;
- Engines designed to be used exclusively in underground mines;
- Engines with a per-cylinder displacement of less than 50 cubic centimetres;
- Engines designed to be used in military machines designed for use in combat or combat support;
- Engines that are being exported; and
- Engines installed in marine vessels.
The proposed Regulations are made pursuant to subsection 160(1) of CEPA 1999, and come fully into force on January 1, 2006.
Interested persons may, within 60 days after the date of publication of this Part I notice, file with the Minister of the Environment comments with respect to the proposed Regulations or a notice of objection requesting that a board of review be established. All comments and notices must cite the Canada Gazette, Part I, and the date of publication of this Part I, and be addressed to Malcolm McHattie, Chief, Regulatory Development Division, Transportation Systems Branch, Air Pollution Prevention Directorate, Environmental Protection Service, Department of the Environment, Ottawa, Ontario K1A 0H3.
If you wish to discuss this regulation proposal with the appropriate officials in Canada we suggest you contact:
- Mr. Malcolm McHattie, Chief, Regulatory Development Division, Transportation Systems Branch, Environment Canada, 351 Saint-Joseph Boulevard, 10th Floor, Gatineau, Quebec K1A 0H3, (819) 953-7776 (telephone), (819) 953-7815 (fax) malcolm.mchattie@ec.gc.ca
- Ms. Céline Labossière, Policy Manager, Regulatory and Economic Analysis Branch, Environment Canada, 10 Wellington Street, 24th Floor, Gatineau, Québec K1A 0H3, (819) 997-2377 (telephone), (819) 997-2769 (fax) celine.labossiere@ec.gc.ca