Locomotive Emissions Regulations (SOR/2017-121)

Regulations are current to 2017-12-11

Purpose

Marginal note:Protection of environment

 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
  •  (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.

Emission Standards

Exhaust Emissions

Marginal note:Prohibition — placing into service
  •  (1) A railway company must not place into service a locomotive unless, when tested in accordance with section 8, the locomotive conforms to the applicable exhaust emission standards set out in Tables 1 and 2 to section 1033.101 of the CFR and in paragraph 1033.101(f)(1) of the CFR.

  • Marginal note:Alternate standards — carbon monoxide and particulate matter

    (2) Despite subsection (1), when tested in accordance with section 8, the locomotive placed into service by the railway company may conform to the alternate carbon monoxide and particulate matter emissions standards set out in paragraph 1033.101(i) of the CFR instead of the applicable carbon monoxide and particulate matter emission standards set out in Tables 1 and 2 to section 1033.101 of the CFR.

  • Marginal note:Exception — EPA certificate and labels

    (3) Subsections (1) and (2) do not apply in respect of a locomotive that is covered by an EPA certificate and that is affixed with the EPA locomotive label and EPA locomotive engine label that are set out in section 1033.135 of the CFR.

  • Marginal note:Prohibition — operating without EPA certificate or with EPA certificate that does not set out family emission limits

    (4) If a locomotive is not covered by an EPA certificate or is covered by an EPA certificate but one that does not set out family emission limits, a railway company must not operate the locomotive after the locomotive has been placed into service unless, when tested in accordance with section 8, the locomotive conforms to the applicable exhaust emission standards set out in Tables 1 and 2 to section 1033.101 of the CFR and in paragraph 1033.101(f)(1) of the CFR.

  • Marginal note:Prohibition — operating with EPA certificate that sets out family emission limits

    (5) If a locomotive is covered by an EPA certificate that sets out family emission limits, a railway company must not operate the locomotive after the locomotive has been placed into service unless, when tested in accordance with section 8, the locomotive conforms to

    • (a) the applicable exhaust emission standards set out in Tables 1 and 2 to section 1033.101 of the CFR and in paragraph 1033.101(f)(1) of the CFR for which there are no family emission limits; and

    • (b) the family emission limits.

  • Marginal note:Alternate standards — carbon monoxide and particulate matter

    (6) Despite subsection (4) or (5), when tested in accordance with section 8, a locomotive referred to in subsection (4) or (5) may conform to the alternate carbon monoxide and particulate matter emissions standards set out in paragraph 1033.101(i) of the CFR instead of the applicable carbon monoxide and particulate matter emission standards set out in Tables 1 and 2 to section 1033.101 of the CFR.

  • Marginal note:Footnotes

    (7) For the purposes of this section, footnotes d and e to Table 1 to section 1033.101 of the CFR and footnotes b and c to Table 2 to that section do not apply.

Smoke Emissions

Marginal note:Prohibition — placing into service
  •  (1) A railway company must not place into service a locomotive unless, when tested in accordance with section 8, the locomotive conforms to the smoke standards set out in Table 3 to section 1033.101 of the CFR that correspond to the locomotive’s tier of standards.

  • Marginal note:Exceptions to subsection (1)

    (2) Subsection (1) does not apply in respect of a locomotive that

    • (a) is covered by an EPA certificate and is affixed with the EPA locomotive label and EPA locomotive engine label that are set out in section 1033.135 of the CFR; or

    • (b) emits 0.05 grams per brake horsepower-hour of particulate matter or less.

  • Marginal note:Prohibition — operating

    (3) A railway company must not operate a locomotive after the locomotive has been placed into service unless, when tested in accordance with section 8, the locomotive conforms to the applicable smoke standards set out in Table 3 to section 1033.101 of the CFR.

  • Marginal note:Exception to subsection (3)

    (4) Subsection (3) does not apply in respect of a locomotive that emits 0.05 grams per brake horsepower-hour of particulate matter or less.

Crankcase Emissions

Marginal note:Prohibition — crankcase emissions
  •  (1) A railway company must not operate a locomotive that releases crankcase emissions directly into the atmosphere.

  • Marginal note:Exception — testing

    (2) Subsection (1) does not apply in respect of a locomotive in the case where crankcase emissions are added physically or mathematically to the exhaust emissions when tested in accordance with section 8 and with paragraph 1033.115(a)(1) of the CFR.

  • Marginal note:Exception — treated crankcase emissions

    (3) When crankcase emissions are routed to the exhaust upstream of the exhaust aftertreatment, the release is deemed not to be a direct release into the atmosphere.

  • Marginal note:Exception — EPA certificate and labels

    (4) Subsections (1) to (3) do not apply in respect of a locomotive that is covered by an EPA certificate and that is affixed with the EPA locomotive label and EPA locomotive engine label that are set out in section 1033.135 of the CFR.

Testing

Marginal note:Initial testing
  •  (1) A railway company must test a locomotive in accordance with section 8 before placing the locomotive into service.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of a locomotive that is covered by an EPA certificate and is affixed with the EPA locomotive label and EPA locomotive engine label that are set out in section 1033.135 of the CFR.

  • Marginal note:In-use testing

    (3) In every calendar year beginning with the 2019 calendar year, a railway company that has realized gross revenues of $250 million or more for the provision of rail transportation services in Canada in each of the two preceding calendar years must test, in accordance with section 8, a sample of locomotives that is determined in accordance with subsections (4) to (6).

  • Marginal note:In-use test sample characteristics

    (4) Each locomotive in the sample referred to in subsection (3) must

    • (a) be operated in the provision of freight rail transportation services;

    • (b) not have been tested in the previous calendar year; and

    • (c) be at more than 50 percent of its useful life at the time of testing.

  • Marginal note:In-use test sample size

    (5) The number of locomotives that the railway company must test under subsection (3) is the number determined by multiplying 0.00075 by the number of locomotives that meet all of the following conditions:

    • (a) they were part of the active fleet of the railway company on December 31 of the previous calendar year;

    • (b) they are subject to the exhaust emissions standards referred to in section 4;

    • (c) they have the characteristics set out in paragraphs (4)(a) to (c).

  • Marginal note:Rounding up

    (6) If the multiplication set out in subsection (5) results in a product that is a fraction, the product is to be rounded up to the next whole number.

  • Marginal note:Testing required by Minister

    (7) The Minister may require a railway company to test any locomotive that it operates, if the Minister determines that it is necessary to do so in order to ascertain whether the locomotive conforms to section 4 or 5.

 
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