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Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations

SOR/2020-258

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2020-12-04

Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations

P.C. 2020-975 2020-12-04

Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, the Minister of the Environment published in the Canada Gazette, Part I, on March 9, 2019, a copy of the proposed Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to sections 160Footnote c and 319 of the Canadian Environmental Protection Act, 1999Footnote b, makes the annexed Off-road Compression-Ignition (Mobile and Stationary) and Large Spark-Ignition Engine Emission Regulations.

Interpretation

Marginal note:Definitions

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

    Act

    Act means the Canadian Environmental Protection Act, 1999. (Loi)

    adjustable parameter

    adjustable parameter means a device, a system or an element of design that is capable of being adjusted to affect the emissions or performance of an engine during emission testing or normal in-use operation, but does not include a device, a system or an element of design that is permanently sealed by the engine manufacturer or that is inaccessible using ordinary tools. (paramètre réglable)

    CFR

    CFR means chapter I of Title 40 of the Code of Federal Regulations of the United States. (CFR)

    CFR 60

    CFR 60 means subchapter C, part 60, of the CFR, as amended from time to time. (CFR 60)

    CFR 86

    CFR 86 means subchapter C, part 86, of the CFR, as amended from time to time. (CFR 86)

    CFR 89

    CFR 89 means subchapter C, part 89, of the CFR, as it existed on July 1, 2020. (CFR 89)

    CFR 94

    CFR 94 means subchapter C, part 94, of the CFR, as it existed on July 1, 2020. (CFR 94)

    CFR 1039

    CFR 1039 means subchapter U, part 1039, of the CFR, as amended from time to time. (CFR 1039)

    CFR 1042

    CFR 1042 means subchapter U, part 1042, of the CFR, as amended from time to time. (CFR 1042)

    CFR 1048

    CFR 1048 means subchapter U, part 1048, of the CFR, as amended from time to time. (CFR 1048)

    CFR 1051

    CFR 1051 means subchapter U, part 1051, of the CFR, as amended from time to time. (CFR 1051)

    CFR 1054

    CFR 1054 means subchapter U, part 1054, of the CFR, as amended from time to time. (CFR 1054)

    CFR 1060

    CFR 1060 means subchapter U, part 1060, of the CFR, as amended from time to time. (CFR 1060)

    CFR 1068

    CFR 1068 means subchapter U, part 1068, of the CFR, as amended from time to time. (CFR 1068)

    complete fuel system

    complete fuel system means a fuel system that is attached to an engine and that consists of fuel lines and at least one fuel tank. (système complet d’alimentation en carburant)

    compression-ignition engine

    compression-ignition engine means an engine that operates as a reciprocating internal combustion engine other than an engine that operates under characteristics significantly similar to the theoretical Otto combustion cycle or uses a spark plug or other sparking device. (moteur à allumage par compression)

    crankcase emissions

    crankcase emissions means substances that are emitted into the atmosphere from any portion of the crankcase ventilation or lubrication systems of an engine and that cause air pollution. (émissions du carter)

    element of design

    element of design, in respect of an engine, means

    • (a) any control system, including computer software, electronic control systems and computer logic;

    • (b) any control system calibrations;

    • (c) the results of systems interaction; or

    • (d) any hardware items. (élément de conception)

    emergency machine

    emergency machine means a machine that is designed

    • (a) to be used exclusively for aircraft rescue or to fight fires at airports;

    • (b) primarily to fight wildfires, including a vehicle that is designed to be equipped with an auxiliary fire-fighting machine; or

    • (c) to be used exclusively in emergency situations. (machine de première intervention)

    emergency situation

    emergency situation means any situation in which there is a direct or indirect risk of loss of human life. (situation d’urgence)

    emission control system

    emission control system means any device, system or element of design that controls or reduces the emissions from an engine. (système antipollution)

    emission family

    emission family means,

    • (a) in respect of a company’s engines that are covered by an EPA certificate, the grouping that is specified in the EPA certificate;

    • (b) in respect of any fuel lines and fuel tanks that form part of a complete fuel system and that are covered by one or more EPA certificates, the grouping that is specified in the EPA certificates;

    • (c) in respect of a company’s engines other than those referred to in paragraph (a), the grouping determined in accordance with,

      • (i) in the case of mobile compression-ignition engines — other than those referred to in subparagraph (iii) — and large spark-ignition engines that meet the alternative standards referred to in section 19 of these Regulations, section 230, subpart C, of CFR 1039 and, if the engine conforms to the alternative standards referred to in section 14 of these Regulations, section 645(c), subpart G, of CFR 1039,

      • (ii) in the case of stationary compression-ignition engines that have a per-cylinder displacement of

        • (A) more than 10 L, section 230, subpart C, of CFR 1042 or, in the case of an engine that conforms to the alternative standards referred to in subsection 16(1) or (3) of these Regulations, section 204(a) to (c), of subpart C, of CFR 94, and

        • (B) 10 L or less, section 230, subpart C, of CFR 1039 or, in the case of an engine that conforms to the alternative standards referred to in subsection 16(1) or (3) of these Regulations, section 116(a) to (d), of subpart B, of CFR 89,

      • (iii) in the case of mobile compression-ignition engines that are or will be installed in recreational vehicles, section 230, subpart C, of CFR 1051, and

      • (iv) in the case of large spark-ignition engines — other than those that meet the alternative standards referred to in section 19 of these Regulations — section 230, subpart C, of CFR 1048; or

    • (d) in respect of any fuel lines and fuel tanks that form part of a complete fuel system other than those referred to in paragraph (b), the grouping determined in accordance with section 230, subpart C, of CFR 1060. (famille d’émissions)

    EPA

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

    EPA certificate

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

    evaporative emissions

    evaporative emissions means fuel compounds that are emitted into the atmosphere from an engine that is fuelled with volatile liquid fuel, other than exhaust emissions, crankcase emissions and smoke emissions. (émissions de gaz d’évaporation)

    exhaust emissions

    exhaust emissions means substances emitted into the atmosphere from any opening downstream from the exhaust port of an engine. (émissions de gaz d’échappement)

    fire-pump engine

    fire-pump engine means a stationary internal combustion engine that is certified by the National Fire Protection Association and designed to be used in emergency situations to provide power to pump water for fire suppression or prevention. (moteur de pompe à incendie)

    fuel line

    fuel line means hose, tubing and primer bulbs containing or exposed to liquid fuel — including moulded hose, tubing and primer bulbs — that transport fuel to or from an engine, excluding

    • (a) fuel tank vent lines;

    • (b) segments of hose or tubing in which the external surface is normally exposed to liquid fuel inside the fuel tank; and

    • (c) primer bulbs that contain liquid fuel only for priming the engine before starting. (conduite d’alimentation en carburant)

    fuel tank

    fuel tank means a tank that is equipped with a cap and designed to hold fuel. (réservoir de carburant)

    hazardous location

    hazardous location means any location in which an explosive gas atmosphere — as defined in section 18-002 of the most recent version of the Canadian Standards Association standard C22.1, Canadian Electrical Code, Part 1 — is or may be present. (emplacement dangereux)

    large spark-ignition engine

    large spark-ignition engine means an engine that

    • (a) operates under characteristics significantly similar to the theoretical Otto combustion cycle;

    • (b) uses a spark plug or other sparking device; and

    • (c) develops more than 19 kW of power measured at the crankshaft, or its equivalent, when equipped only with standard accessories that are necessary for its operation. (gros moteur à allumage commandé)

    machine

    machine means anything that is powered by an engine. (machine)

    mobile

    mobile, in respect of an engine, means any engine that is designed to be used in or on a machine that is designed to be mobile. (mobile)

    model year

    model year means the year, as determined under section 4, that is used by a manufacturer to designate a model of engine. (année de modèle)

    remote location

    remote location means a geographic area that is serviced neither by

    • (a) an electrical distribution network that is under the jurisdiction of the North American Electric Reliability Corporation or the main Newfoundland and Labrador electrical distribution networks; nor

    • (b) a natural gas distribution network. (région éloignée)

    replacement engine

    replacement engine, subject to subsection 25(4), means an engine that is manufactured to replace the engine of a machine for which no engine exists that

    • (a) conforms to the applicable standards referred to in sections 10 to 23;

    • (b) has the physical or performance characteristics necessary for the operation of the machine; and

    • (c) is manufactured by the manufacturer of the original engine or the replacement engine. (moteur de remplacement)

    smoke emissions

    smoke emissions means substances in exhaust emissions that prevent the transmission of light. (émissions de fumée)

    stationary

    stationary, in respect of an engine, means any engine that is designed to be used in or on a machine that is designed to be stationary. (fixe)

    transportation refrigeration unit

    transportation refrigeration unit means a refrigeration system that is powered by an engine — other than an engine that meets the criteria set out in any of sections 645(f)(1) to (4), subpart G, of CFR 1039 — and that is designed to control the temperature of products that are transported in rolling stock, vehicles or trailers. (dispositif frigorifique de transport)

    unique identification number

    unique identification number means a number, consisting of Arabic numerals, Roman letters or both, that the manufacturer assigns to the engine for identification purposes. (numéro d’identification unique)

    useful life

    useful life means the period of time or use in respect of which an emission standard applies to an engine, as set out in subsection 10(2), 11(3), 12(2), 13(2), 14(2), 15(2), 16(4) or 18(5), as the case may be. (durée de vie utile)

    volatile liquid fuel

    volatile liquid fuel means any fuel that is a liquid at atmospheric pressure and has a Reid vapour pressure greater than 13.79 kPa. (carburant liquide volatil)

  • Marginal note:Incorporation by reference

    (2) Standards that are incorporated by reference in these Regulations from the CFR are those expressly set out in the CFR and must be read as excluding

    • (a) references to the EPA or its Administrator exercising discretion;

    • (b) alternative standards or exceptions related to the averaging, banking and trading of emission credits, to small volume manufacturers or to financial hardship; and

    • (c) standards or evidence of conformity of any authority other than the EPA.

  • Marginal note:Terms used in CFR

    (3) For the purposes of these Regulations, a reference in the CFR to

    • (a) “nonroad vehicle” or “nonroad equipment” is to be read as a reference to “machine”;

    • (b) “engine family” is to be read as a reference to “emission family”;

    • (c) “nonroad engine” is to be read as a reference to “off-road engine”; and

    • (d) “certified emissions life” is to be read as a reference to “useful life”.

  • Marginal note:Interpretation of standards

    (4) The standards set out in the CFR that are referred to in these Regulations are the certification, in-use and field-testing standards and the test procedures, fuels and calculation methods referred to in CFR 60, CFR 89, CFR 94, CFR 1039, CFR 1042, CFR 1048, CFR 1051, CFR 1054, CFR 1060 or CFR 1068, as the case may be, for the model year in question.

 

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