Locomotive Emissions Regulations (SOR/2017-121)
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Regulations are current to 2024-04-01
Emission Standards, Testing and Labelling (continued)
Emission Standards (continued)
Smoke Emissions
Marginal note:Prohibition — placing into service
5 (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
6 (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
7 (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.
Marginal note:Test procedures
8 A locomotive tested for conformity to section 4 or 5 must be tested in accordance with the test procedures set out in Subpart F of the CFR.
Labelling
Marginal note:Locomotive engine label and locomotive label
9 (1) Subject to subsections (2) to (4), a railway company must not operate a locomotive unless
(a) the locomotive engine or locomotive engines are affixed with a label containing the following information:
(i) the heading “Engine Emission Control Information”, the heading “Renseignements sur le contrôle des émissions du moteur” or a bilingual heading consisting of both headings,
(ii) the full corporate name of the locomotive engine manufacturer or remanufacturer, as the case may be,
(iii) a statement that identifies the tier of standards to which the locomotive must conform and that indicates whether the locomotive is a line-haul locomotive or a switch locomotive,
(iv) the exhaust emission standards to which the locomotive engine must conform under section 4, and
(v) the useful life of the locomotive; and
(b) the locomotive is affixed with a label containing the following information:
(i) the heading “Original Locomotive Emission Control Information”, the heading “Renseignements sur le contrôle des émissions de la locomotive initiale” or a bilingual heading consisting of both headings,
(ii) the full corporate name of the locomotive manufacturer or remanufacturer, as the case may be,
(iii) a statement that identifies the tier of standards to which the locomotive must conform and that indicates whether the locomotive is a line-haul locomotive or a switch locomotive,
(iv) the exhaust emission standards to which the locomotive must conform under section 4, and
(v) date of original manufacture of the locomotive.
Marginal note:Exception to subsection (1)
(2) Subsection (1) does not apply in respect of a locomotive covered by an EPA certificate and affixed with the EPA locomotive label and EPA locomotive engine label that are set out in section 1033.135 of the CFR.
Marginal note:Additional label for refurbished locomotives
(3) In addition to the labels required by subsection (1), a refurbished locomotive must be affixed with a label containing the following information:
(a) the heading “Refurbished Locomotive Emission Control Information”, the heading “Renseignements sur le contrôle des émissions de la locomotive remise à neuf” or a bilingual heading consisting of both headings;
(b) a statement that identifies the tier of standards to which the locomotive must conform and that indicates whether the locomotive is a line-haul locomotive or a switch locomotive; and
(c) the exhaust emission standards to which the locomotive must conform under section 4.
Marginal note:Exception to subsection (3)
(4) Subsection (3) does not apply in respect of a refurbished locomotive covered by an EPA certificate and affixed with the EPA locomotive label set out in paragraph 1033.640(f)(3) of the CFR.
Marginal note:Labelling
(5) A label referred to in subsection (1) or (3) must
(a) in the case of a label referred to in paragraph (1)(a),
(i) be durable throughout the useful life of the engine,
(ii) be legible and affixed to the engine in a position in which it will remain readily visible after the engine is installed in the locomotive,
(iii) be affixed to an engine part that is necessary for the normal operation of the engine and that does not normally require replacement during the useful life of the locomotive,
(iv) not be affixed to any equipment that is easily detached from the engine,
(v) be affixed so that it cannot be removed without being destroyed or defaced,
(vi) be made up of one piece or, if all the pieces are permanently affixed to the same engine part, more than one piece, and
(vii) be lettered in a colour that contrasts with the background colour of the label; and
(b) in the case of a label referred to in paragraph (1)(b) or subsection (3),
(i) be permanently affixed to the locomotive,
(ii) be legible and affixed to the locomotive in a position in which it will remain readily visible,
(iii) be affixed to a locomotive chassis part that is necessary for the normal operation of the locomotive and that does not normally require replacement during the service life of the locomotive,
(iv) not be affixed to the engine or to any equipment that is easily detached from the locomotive,
(v) be affixed so that it cannot be removed without being destroyed or defaced,
(vi) be made up of one piece except in the case of a locomotive whose tier of standards is 0, in which case it may be made up of more than one piece, and
(vii) be lettered in a colour that contrasts with the background colour of the label.
Marginal note:Language
(6) A label referred to in subsection (1) or (3) must be worded in English, French or both.
Idling
Marginal note:Prohibition — idling
10 (1) Subject to subsection (2), a railway company must ensure that the locomotives in its active fleet do not idle for more than 30 minutes.
Marginal note:Exceptions
(2) A locomotive may idle for more than 30 minutes to the extent that is necessary to
(a) prevent locomotive engine damage, such as damage resulting from the freezing of the engine coolant;
(b) maintain air pressure for the brakes or the starter system;
(c) recharge the locomotive battery;
(d) heat or cool the cab, if the heating or cooling is necessary for reasons of health and safety;
(e) provide head end power, if necessary for reasons of passenger health and safety;
(f) perform diagnostic testing and necessary maintenance; or
(g) respond to an emergency.
Marginal note:Anti-idling policy
(3) A railway company must
(a) have a written anti-idling policy that reflects the railway company’s commitment to reducing locomotive idling;
(b) submit the policy to the Minister together with, as the case may be, the initial report filed under section 13 or the incidental operations report filed under section 16;
(c) if an amendment is made to the policy, submit a copy of the amended version to the Minister
(i) together with the annual report filed under section 14, or
(ii) within 45 days after the end of each calendar year, if the company operates its locomotives in Canada as part of incidental operations; and
(d) keep a copy of the policy that was submitted in accordance with paragraph (b) and, if it was amended, a copy of the amended version.
Records and Information
Marginal note:Application — exception
11 Sections 12 to 15 do not apply to a railway company that operates its locomotives in Canada as part of incidental operations.
Contents of Record
Marginal note:Contents of record — total fleet
12 (1) A railway company must keep, for each locomotive in its total fleet, a record containing the following information:
(a) a statement indicating whether the locomotive is a line-haul locomotive or a switch locomotive;
(b) a statement indicating the type of rail transportation service for which the locomotive is primarily operated;
(c) the date of original manufacture;
(d) the locomotive’s tier of standards;
(e) the locomotive identification number;
(f) the name of the locomotive manufacturer or remanufacturer, as the case may be;
(g) the model of the locomotive;
(h) the name of the locomotive engine manufacturer or remanufacturer, as the case may be; and
(i) the model of the locomotive engine.
Marginal note:Additional information — active fleet
(2) In addition to the information set out in subsection (1), for each of the locomotives in its active fleet, a railway company must include in the locomotive’s record the following information:
(a) a description of the locomotive engine or locomotive engines, including the total rated power, the number of cylinders and the type of fuel;
(b) the locomotive’s annual fuel consumption by type of fuel or, in the absence of that information, the annual fuel consumption of the active fleet by type of rail transportation service and type of fuel; and
(c) the useful life of the locomotive.
Marginal note:Additional information — new locomotives covered by EPA certificates
(3) In addition to the information set out in subsections (1) and (2), for each new locomotive in its active fleet that is covered by an EPA certificate and to which the exhaust emission standards referred to in section 4 apply, a railway company must include in the locomotive’s record the following information:
(a) the EPA engine family number applicable to the locomotive;
(b) a statement as to whether the locomotive is an imported locomotive, a freshly manufactured locomotive, a refurbished locomotive, a remanufactured locomotive or an upgraded locomotive, or any combination of these;
(c) the date on which the locomotive was placed into service; and
(d) any maintenance performed on the locomotive that substantially affects its emissions or that is likely to substantially affect its emissions.
Marginal note:Additional information — new locomotives not covered by EPA certificates
(4) In addition to the information set out in subsections (1) and (2), for each new locomotive in its active fleet that is not covered by an EPA certificate and to which the exhaust emission standards referred to in section 4 apply, a railway company must include in the locomotive’s record the following information:
(a) a description of the locomotive’s anti-idling technology;
(b) a description of the locomotive’s crankcase emissions handling;
(c) a description of the basic engine design;
(d) a description of the emission control equipment and related components and an explanation of the operation of the emission control system;
(e) the results of all emissions testing;
(f) the date and time of each emissions test;
(g) the locomotive’s hours of operation at the time of each test;
(h) a statement indicating whether the locomotive is an imported locomotive, a freshly manufactured locomotive, a refurbished locomotive, a remanufactured locomotive or an upgraded locomotive, or any combination of these;
(i) the date on which the locomotive was placed into service; and
(j) any maintenance performed on the locomotive that substantially affects its emissions or that is likely to substantially affect its emissions.
Marginal note:Additional information — locomotives permanently removed from total fleet
(5) In addition to the information set out in subsections (1) to (4), as applicable, for each locomotive that is permanently removed from its total fleet, a railway company must include in the locomotive’s record the following information:
(a) the date of its removal; and
(b) the reasons for its removal.
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