Guidance document on Off-Road Compression-Ignition Engine Emission Regulations: chapter 5

E. National emissions mark

E.1 Introduction to national emissions mark

Section 152 of the act combined with subsections 5(3) and 5(4) of the regulations does not allow a company to transport engines that are manufactured (see D.3 on manufacturers) in Canada between provinces or territories unless the engine has a national emissions mark (NEM) applied. Note the provision in 5(4) of the regulations, which states that the EC is not required if the engine is covered by an Environmental Protection Agency (EPA) certificate, sold concurrently and its manufacturing is completed by the addition of an emission control system in accordance with the EPA certificate and installation instructions for the engine.

The national emissions mark is the symbol shown in Figure 2. Section 150 of the act specifies that the national emissions mark is a national trademark and establishes limitations on any person’s use of the mark (or the use of any other mark in such a manner that it is likely to be mistaken for a national emissions mark). Companies must obtain the Minister’s authorization to use the national emissions mark.

E.2 Are there any conditions in regard to affixing a national emissions mark to an engine?

Section 153 of the act prohibits a company from applying the national emissions mark to an engine unless the emission standards are met and the evidence of conformity has been produced in the prescribed form and manner. The company shall also apply for and receive the Minister’s authorization to do so as described in subsection 6(1). The emission standards that the engine must meet can be found in sections 9 to 13 of the regulations.

E.3 What are the requirements for the size, location and manner of affixing the national emissions mark on an engine?

Requirements on the size, location and manner of affixing the national emissions mark to engines or machines can be found in sections 7 and 8 of the Regulations.

The national emissions mark shall be at least 7 mm in height and 10 mm in width. The company authorization number assigned by the Minister to the company (described in E.5) shall be in figures that are at least 2 mm in height and be located immediately below or to the right of the national emissions mark.

The national emissions mark shall be placed next to the EPA engine information label or, if there is no such label, in a visible, readily accessible location.

The national emissions mark shall be on a permanently applied, weather resistant label that is readable.

E.4 Who can apply the national emissions mark?

Under subsection 6(1) of the regulations, a companythat has received authorization from the Minister may apply the national emissions mark to vehicles, engines or equipment.

E.5 How does a company get the Minister’s authorization to use the national emissions mark?

A company must submit an application to get the Minister’s authorization to use the national emissions mark. The following information must be included in the application:

1. the name and street address of the head office of the company and, if different, its mailing address
2. a statement that the company is seeking to obtain the authorization to apply the national emissions mark under these regulations
3. the street address of the location where the EC will be applied
4. information to show that the company is capable of verifying compliance with the standards in these regulations (see E.6 and chapter G for more information on compliance verification)

A company’s application must be signed by a person who is authorized to act on behalf of the company.

When the Minister authorizes a company to use the national emissions mark, a company authorization number will be assigned to the company. The company authorization number is not to be confused with the unique identification number that must be engraved on every engine as discussed in G.9.

E.6 What information could satisfy the requirement of paragraph 6(2)(d) of the regulations to show that the company is capable of verifying compliance with the standards?

Information to show that a company is capable of verifying compliance with the regulatory standards may be presented in various forms, including but not limited to the following:

1. Recent experience in obtaining EPA emission certification

When applicable, a company may provide the following statement:

“The company has been issued certificates of conformity by the United States EPA within the last five years as evidence of conformity with United States regulatory emission standards for engines covered under the Off-Road Compression-Ignition Engine Emission Regulations.”

2. Technical information

The company may provide technical information to show that it is capable of verifying compliance with the standards set out in the regulations including, but not limited to, information describing the capabilities of the emission test facilities operated by, or on behalf of, the company to produce evidence that its engines conform to the standards set out in the regulations. This may include evidence that the emission test facility used on behalf of the company has produced test results used in support of a successful application to the EPA for the issuance of a certificate of conformity.

The Minister will assess the information provided to determine if the company meets the requirements for being authorized to affix the national emissions mark on engines.

E.7 Do imported engines require the national emissions mark?

No. Affixing a national emissions mark to imported engines is not required. Nonetheless, a company that is authorized by the Minister to use the national emissions mark may apply the mark to engines that are imported into Canada, provided they conform to the requirements of the regulations.

E.8 Is a national emission mark required on an incomplete engine being imported into Canada on which an emissions control system will be installed?

The answer depends on how the emissions control system is installed. If the incomplete engine is EPA certified, sold concurrently and the emissions control system is installed in accordance with the supplied instructions in compliance with the EPA’s certified configuration, then the engine does not require a national emissions mark (NEM). However, if the emissions control system is installed in a different manner than what is stated in the EPAcertificate, then the company installing the emissions control system must apply a NEM. A company must also apply a NEM if the engine is not EPA certified and its manufacture is being completed in Canada.

The Canadian engine manufacturer is responsible for submitting evidence of conformity in accordance with section 17 of the regulations. A NEM would be required if the engine was to be transported between provinces or territories. More information on incomplete engines can be found in H.11.