6. Emission Standards

• 6.1 What is an emission control system?
• 6.2 Are there restrictions on an emission control system installed on a prescribed engine?
• 6.3 What is a defeat device?
• 6.4 What are the exhaust emission standards?
• 6.5 What are the procedures to measure the exhaust emissions?
• 6.6 What is a transition engine and may it be sold in Canada?
• 6.7 For how long must an engine conform to the exhaust emission standards?
• 6.8 What are the requirements for crankcase emissions?
• 6.9 What is an adjustable parameter?
• 6.10 Is an engine covered by an Environmental Protection Agency (EPA) certificate of conformity and sold concurrently in Canada and the U.S. required to meet the Canadian emission standards?
• 6.11 Is it necessary to have exactly the same engine model sold concurrently in Canada and in the U.S.?

The Regulations prescribe that the engines conform to applicable standards and provisions for:

1. emission control systems and defeat devices (section 9 of the Regulations);
2. exhaust emissions (section 10 of the Regulations);
3. crankcase and smoke emissions (section 10 of the Regulations); and
4. adjustable parameters (section 11 of the Regulations).

These standards are aligned with EPA rules for off-road compression-ignition engines as published in the Code of Federal Regulations (CFR). Environment Canada plans to maintain alignment with the U.S. EPA 2008 (Tier 4) rules for off-road compression-ignition engines, through a separate regulatory process.

Under section 14 of the Regulations, an engine covered by a current EPA certificate of conformity and sold concurrently in Canada and the U.S. is deemed to conform to the Canadian emission standards.

Subsection 1(1) of the Regulations defines an emission control system as "any device, system or element of design that controls or reduces the exhaust emissions from an engine".

Yes. Subsection 9(1) of the Regulations prescribes that an emission control system shall not release a substance that causes air pollution that would not have been released if the system were not installed. In addition, the emission control system shall not make the engine or the machine in which the engine is installed unsafe, or endanger persons or property near the engine or machine.

A defeat device means any device, system, or element of design which senses operation outside emission certification test conditions and reduces emission control effectiveness. The Regulations incorporate by reference the CFR definition of defeat device.

Under subsection 9(2) of the Regulations, no engine can be equipped with a defeat device.

The exhaust emission standards are aligned with those of the EPA and the Regulations incorporate by reference sections 89.112, 89.113 and 89.120 of the CFR.

The exhaust emission standards are divided into nine classes based on engine power. The Regulations establish a maximum level of combined non-methane hydrocarbon and oxides of nitrogen (NMHC + NO_x), carbon monoxide (CO) and particulate matter (PM) emissions for each engine class. The standards are defined as mass of pollutant per unit of engine work expressed in grams per kilowatt-hours.

Table 2 provides a summary of the exhaust emission standards.

The Regulations specify that the test procedures, fuels and calculation methods are those set out in the CFR for those standards.

In general, during an emission certification test, exhaust gases are sampled while the test engine is operated using a specified test cycle on a dynamometer. The exhaust gases are analyzed to determine the concentration of each pollutant. Emission concentrations are converted to weighted emission rates reported in grams per kilowatt-hour (g/kW-hr).

Machines containing transition engines may be sold in Canada, provided the machine installed with the engine conforms to requirements of section 13 of the Regulations.

A transition engine is an engine that is installed in or on a machine that meets the flexibility provisions set out in paragraph 102(d), subpart B - Emission Standards and Certification Provisions, of the CFR. The flexibility provisions in paragraph 102(d) state that:

1. for engines rated under 37 kW, a percentage of new machines in each of the power categories need not meet the Tier 1 or Tier 2 standards, over the seven model years beginning when the Tier 1 standards first apply in the U.S. in the applicable power category.
2. for engines rated at or above 37 kW, a percentage of new machines in each of the power categories may meet the Tier 1 or Tier 2 standards in lieu of the Tier 2 or Tier 3 standards, over the seven model years beginning when the Tier 2 standards first apply in the U.S. in the applicable power category.

The cumulative sum of the annual percentages of machines meeting the above flexibility provisions in each of the power categories may not exceed 80% over the specified seven year period in the U.S.

A machine manufacturer may exceed the 80% cumulative sum provided that in each power category, the manufacturer's total of machines meeting the above flexibility provisions:

1. is less than 100 units multiplied by the number of years in which the flexibility provisions apply, during the period of time that the flexibility provisions apply;
2. is less than 200 units in any model year; and
3. does not include engines from more than one engine family, or from more than one engine manufacturer if the engines do not belong to any engine family.

In Canada, section 13 of the Regulations allows a machine that meets the flexibility provisions under the U.S. Rule (i.e., a transition engine) to be imported into Canada, provided the engine bears the label specified in subsection 13(4).

A company may also import a loose engine that will become a transition engine when installed in or on a machine if, in the case of a machine sold in Canada and the U.S.:

• the machine will meet the requirements of subsections 13(1) to 13(4) with the calculations based on U.S. sales only, and
• the company submits the declaration referred to in subsection 13(5).

In the case of a machine that is sold only in Canada and that contains a transition engine, please refer to the “Advisory Notice for Transition Engines Installed in Machines Sold Only in Canada under the Off-Road Compression-Ignition Engine Emission Regulations”.^{Footnote 2}

Since the Regulations came into effect on January 1, 2006, the duration of time when transition engines are allowed in Canada is less than in the U.S., however, the final model years in which transition engines are allowed are the same in both countries. The applicable model years are set out in subsections 13 (2) and (3).

For further guidance on evidence of conformity for transition engines, please refer to section 7.4.

An engine must conform to the exhaust emission standards throughout its "useful life". The useful life period is incorporated by reference from the CFR. Section 89.104 of the CFR states the specified periods. Table 3 provides a summary of the useful life for the different engine categories.

Crankcase emissions are not permitted from naturally aspirated engines. There are no crankcase emission requirements for turbo-charged engines.

Subsection 11(1) of the Regulations defines an adjustable parameter as "a device, system or element of design that is physically capable of being adjusted to affect emissions or engine performance during emission testing or normal in-use operation, but does not include devices, systems or elements of design that are permanently sealed by the engine manufacturer or that are inaccessible with the use of ordinary tools".

Engines with adjustable parameters must comply with the applicable standards, regardless of the adjustment of these parameters. For example, if there is an adjustment screw on an engine, this engine must meet the exhaust emission standards regardless of the setting of the screw (i.e., whether it is fully, partially, or not tightened).

Under subsection 14(2) of the Regulations, an engine covered by an EPAcertificate of conformity and sold concurrently in Canada and the U.S. is deemed to conform to the emission standards (i.e., sections 9 to 11 of the Regulations) if this engine meets all requirements set out in the EPA certificate of conformity. All other requirements of the Regulations (such as evidence of conformity, importation documents, notice of defect, etc.) must also be met.

In some cases, it is possible for the EPA to issue a certificate of conformity for an engine with emission levels above the applicable standard. The EPA emission program incorporates an optional averaging, banking and trading program that allows manufacturers to certify engines to a level less stringent than the prescribed standard as long as the increased emissions are offset, on a sales weighted basis, by engines certified better than the standard. Engines certified under the EPAaveraging provisions may not exceed a prescribed maximum emission level.

Engines covered by a current EPA certificate of conformity obtained under the U.S. averaging, banking and trading program are recognized as meeting the standards in Canada.

No. Under subsection 14(1) of the Regulations, an engine sold in Canada that has the same features (used by the EPA to classify engines into engine families) as an engine in an engine family covered by an EPAcertificate and sold in the U.S. in the same model year may conform to the emission standards referred to in the relevant EPAcertificate, instead of standards set out in the Regulations. The engine sold in Canada must not have any features that could cause it to have a higher level of emissions than the engine family sold in the U.S.