Locomotive Emissions Regulations (SOR/2017-121)

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  active fleet

  active fleet means all of the locomotives being used by a railway company for its railway operations in Canada. (parc de locomotives actives)

  CFR

  CFR means Part 1033, or any other part that is specified, of Title 40 of the Code of Federal Regulations of the United States, as amended from time to time. (CFR)

  crankcase emissions

  crankcase emissions means substances emitted into the atmosphere from any portion of the ventilation or lubrication system of a locomotive crankcase. The crankcase is the housing for the crankshaft and other related internal parts. (émissions du carter)

  EPA

  EPA means the United States Environmental Protection Agency. (EPA)

  EPA certificate

  EPA certificate means a certificate of conformity to United States federal standards that is issued by the EPA under the CFR. (certificat de l’EPA)

  exhaust emissions

  exhaust emissions means substances emitted into the atmosphere from any opening that is downstream from the exhaust port or exhaust valve of a locomotive engine. (émissions de gaz d’échappement)

  family emission limit

  family emission limit means the maximum level of nitrogen oxides or particulate matter, or the maximum combined level of nitrogen oxides and hydrocarbons, that a locomotive covered by an EPA certificate issued under Part 1033 or Part 92 of the CFR, as applicable, and belonging to an engine family may emit under paragraph 4(5)(b). The family emission limit is determined by the manufacturer or remanufacturer of the locomotive in accordance with Subpart H of the CFR or Subpart D of Part 92 of the CFR, as applicable, and is set out in the EPA certificate issued under Part 1033 or Part 92 of the CFR, as applicable. (limite d’émissions de la famille de moteurs)

  freshly manufactured locomotive

  freshly manufactured locomotive means a locomotive that contains less than 25 percent previously used parts. (locomotive nouvellement construite)

  incidental operations

  incidental operations means the operation of locomotives by a railway company in the case where

  • (a) the locomotives cross the border between Canada and the United States;

  • (b) the company’s locomotives that are operated in Canada operate for a distance of not more than 40.23 km (25 miles) in one direction on a line of railway inside Canada; and

  • (c) in the calendar year preceding any day on which the conditions set out in paragraphs (a) and (b) are met, the operating time of the company’s locomotives in Canada represented an average of less than five percent of the total operating time of all of its locomotives. (exploitation accessoire)

  line-haul locomotive

  line-haul locomotive means a locomotive that has a total rated power of more than 1 715 kW (2,300 horsepower). (locomotive de ligne)

  locomotive

  locomotive means a self-propelled piece of on-track railway equipment that is designed for moving or propelling railway cars that are designed to carry freight, other equipment, or passengers, but that itself is not designed to carry freight, other equipment, or passengers other than those operating the locomotive. It does not include railway equipment that

  • (a) is constructed for movement both on and off lines of railway;

  • (b) is powered by a steam engine;

  • (c) is powered only by an external source of electricity;

  • (d) is designed primarily for use in maintenance, construction, the post-accident recovery of equipment, repairs or other similar uses;

  • (e) has a total rated power of less than 750 kW (1,006 horsepower); or

  • (f) is operated solely for the purposes of exhibition, demonstration, evaluation or testing. (locomotive)

  locomotive engine

  locomotive engine means an engine that propels a locomotive. (moteur de locomotive)

  new locomotive

  new locomotive means

  • (a) a freshly manufactured locomotive;

  • (b) a remanufactured locomotive;

  • (c) an upgraded locomotive; or

  • (d) an imported locomotive. (locomotive nouvelle)

  particulate matter

  particulate matter means respirable particulate matter with a diameter of less than or equal to 10 microns. (particules)

  percent previously used parts

  percent previously used parts means the percentage, calculated in accordance with paragraph 1033.640(c) of the CFR, that represents the total dollar value of the previously used parts of the locomotive relative to the total dollar value of the unused parts and previously used parts of the locomotive. (% de pièces usagées)

  permanently removed

  permanently removed, in respect of a locomotive, means removed from the total fleet as a result of having been scrapped, sold or destroyed. (retirée de façon permanente)

  place into service

  place into service means to place a new locomotive into initial operation or to permit the placement of a new locomotive into initial operation. (mettre en service)

  power assembly

  power assembly means, in respect of a locomotive engine, a module in which the combustion of fuel occurs, which consists of the cylinder, the piston and piston rings, the valves and ports for the admission of charge air and the discharge of exhaust gases, the fuel injection components and controls, and the cylinder head and its associated components. (ensemble de puissance)

  refurbished locomotive

  refurbished locomotive means a locomotive that contains less than 50 percent previously used parts. (locomotive remise à neuf)

  remanufactured locomotive

  remanufactured locomotive means a locomotive that was originally manufactured after December 31, 1972, that contains more than 25 percent previously used parts and that

  • (a) has had, whether during a single maintenance event or cumulatively within a five-year period, each power assembly

    • (i) replaced, or

    • (ii) inspected and qualified for use;

  • (b) has been converted to enable it to operate using a fuel other than a fuel it was originally manufactured to use;

  • (c) is a repowered locomotive; or

  • (d) is a previously used locomotive into which a remanufactured locomotive engine is installed. (locomotive reconstruite)

  remanufactured locomotive engine

  remanufactured locomotive engine means a locomotive engine that

  • (a) has had, whether during a single maintenance event or cumulatively within a five-year period, each power assembly

    • (i) replaced, or

    • (ii) inspected and qualified for use;

  • (b) has been converted to enable it to operate using a fuel other than a fuel it was originally manufactured to use; or

  • (c) in the case of a locomotive engine that does not contain power assemblies, has been repaired to a condition that is equivalent to or better than its original condition with respect to reliability and fuel consumption. (moteur de locomotive reconstruit)

  repowered locomotive

  repowered locomotive means a previously used locomotive whose engine has been replaced with a locomotive engine that has never been remanufactured and that has never been installed in a locomotive. (locomotive réalimentée)

  service life

  service life means the total life of a locomotive. Service life begins when the locomotive is originally manufactured and ends when the locomotive is permanently removed from service. (durée de service)

  switch locomotive

  switch locomotive means a locomotive that has a total rated power of 1 715 kW (2,300 horsepower) or less. (locomotive de manoeuvres)

  tier of standards

  tier of standards means the tier of standards set out in Tables 1 to 3 to section 1033.101 of the CFR that applies in respect of a locomotive according to its year of original manufacture. (niveau des normes)

  total fleet

  total fleet means the active fleet of a railway company plus all of the locomotives that it has put in storage in Canada. (parc total de locomotives)

  upgraded locomotive

  upgraded locomotive means a locomotive that was originally manufactured before January 1, 1973 and that is

  • (a) a repowered locomotive; or

  • (b) a refurbished locomotive that contains more than 25 percent previously used parts. (locomotive mise à niveau)

  useful life

  useful life means the period during which an emission standard applies in respect of a locomotive or locomotive engine, as determined in accordance with paragraph 1033.101(g) of the CFR. (durée de vie utile)

  year of original manufacture

  year of original manufacture means the calendar year of the date of original manufacture of a locomotive, as determined in accordance with subsection (3). (année de construction initiale)

• Marginal note:Total rated power

  (2) The total rated power of a locomotive is equal

  • (a) in the case of a locomotive propelled by only one engine, to its rated power, which is determined in accordance with the provisions of section 1033.140 of the CFR; and

  • (b) in the case of a locomotive propelled by more than one engine, to the sum of the rated power of each of its engines, including any permanently installed auxiliary engine that can be operated while the main propulsion engine is operating but not including an auxiliary engine that operates only to reduce the idling time of the main propulsion engine.

• Marginal note:Date of original manufacture

  (3) The date of original manufacture of a locomotive is

  • (a) in the case of a locomotive that has been assembled only once, the date on which the assembly was completed;

  • (b) in the case of a switch locomotive that has been assembled more than once, the date of completion of the most recent assembly of the locomotive that resulted in the locomotive containing less than 25 percent previously used parts;

  • (c) in the case of a line-haul locomotive that has been assembled more than once, the date of completion of the most recent assembly of the locomotive that resulted in the locomotive containing less than 50 percent previously used parts; and

  • (d) in the case of an upgraded locomotive, January 1, 1973.

Purpose

Marginal note:Protection of environment

2 The purpose of these Regulations is to

• (a) reduce emissions of nitrogen oxides, particulate matter, hydrocarbons, carbon monoxide and smoke resulting from the operation of locomotives; and

• (b) establish emission standards and test procedures for locomotives.

Emission Standards, Testing and Labelling

Application

Marginal note:Application — sections 4 to 9

• 3 (1) Subject to subsections (2) to (5), sections 4 to 9 apply in respect of a new locomotive for the duration of its useful life if the locomotive is placed into service on or after the day on which these Regulations come into force.

• Marginal note:Exception — locomotive covered by EPA certificate

  (2) If a new locomotive placed into service on or after the day on which these Regulations come into force is covered by an EPA certificate that sets out family emission limits, section 4 applies in respect of the locomotive for the duration of its service life.

• Marginal note:Exception — remanufactured locomotive

  (3) Sections 4 to 9 do not apply in respect of a new locomotive placed into service on or after the day on which these Regulations come into force if the locomotive

  • (a) is a remanufactured locomotive;

  • (b) is operated by a railway company that has realized gross revenues of $30 million or less for the provision of rail transportation services in Canada in each of the two calendar years before the year in which the locomotive is placed into service;

  • (c) is not covered by an EPA certificate; and

  • (d) is operated for the provision of freight rail transportation services or tourist and excursion rail transportation services.

• Marginal note:Exception — nonroad engines

  (4) Sections 4 to 9 do not apply in respect of a new locomotive that is a switch locomotive placed into service on or after the day on which these Regulations come into force if the locomotive

  • (a) is equipped with a nonroad engine within the meaning of the definition of nonroad in section 1033.901 of the CFR;

  • (b) is covered by an EPA certificate issued under Part 89 or Part 1039 of the CFR, as applicable; and

  • (c) is affixed with the EPA locomotive label set out in paragraph 1033.150(e)(4) of the CFR and the EPA engine label set out in section 1039.135 of Part 1039 of the CFR or section 89.110 of Part 89 of the CFR, as applicable.

• Marginal note:Exception — incidental operations

  (5) Sections 4 to 9 do not apply in respect of a new locomotive placed into service on or after the day on which these Regulations come into force if the locomotive is operated by a railway company as part of incidental operations.