Locomotive Emissions Regulations (SOR/2017-121)

Emission Standards

Exhaust Emissions

Marginal note:Prohibition — placing into service

• 4 (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

• 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.