Guidance document on Off-Road Compression-Ignition Engine Emission Regulations: chapter 2

B. Regulatory framework

B.1 Introduction to regulatory framework

The Off-Road Compression-Ignition Engine Emission Regulations (the regulations) establish, under the authority of the Canadian Environmental Protection Act, 1999, Canadian emission standards and test procedures. These standards and procedures are aligned with those of the United States Environmental Protection Agency (EPA) Code of Federal Regulations for off-road diesel engines.

B.2 What is the Canadian Environmental Protection Act, 1999 (the act)?

The Canadian Environmental Protection Act, 1999 (the act), is “an Act respecting pollution prevention and the protection of the environment and human health in order to contribute to sustainable development”. The act is Canada’s main federal environmental protection legislation. Part 7, Division 5, allows the Governor in Council to make regulations for controlling vehicle, engine and equipment emissions.

You can find the act on the Department of Justice or on the CEPA registry websites.

B.3 What is the Canadian Environmental Proteciton Act registry?

The CEPA registry is a website where the public can view information on up-to-date environmental regulations and their support documents. This website contains guidance materials and templates related to the regulations. This website also has information on other instruments, including other transportation-related regulations, voluntary agreements and interim orders. The CEPA Registry is also the website where public consultations are announced.

B.4 What is the Code of Federal Regulations?

The Code of Federal Regulations (CFR) is a list of United States regulations. The Environment Canada regulations incorporate by reference sections of the CFR. For these regulations the following parts are frequently referenced:

1. Title 40, Part 89, CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES [Tier 1, 2 and 3 emission standards]
2. Title 40, Part 1039, CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES [interim Tier 4 and Tier 4 emission standards]
3. Title 40, Part 1068, GENERAL COMPLIANCE PROVISIONS FOR ENGINE PROGRAMS [overarching rule covering general compliance provisions]

Note that other CFR sections, for example CFR 1065 which describes engine-testing and procedures, are also incorporated by reference in the Regulations.

B.5 How are the various CFRs incorporated in the regulations?

The regulations include references to the act and to the CFRs. References to the act are usually related to those sections that provide the authority to regulate a specific activity, or these references may also be to a definition. For example, paragraph 2.1(a) refers to section 149 of the act. This section of the act is where engines are defined.

When the regulations incorporate by reference a specific section of the CFR, this is usually a standard or a test procedure. An example of this may be found in paragraph 10(1)(a) of the regulations. In this paragraph, the standards for engines of model years 2006 to 2011 are incorporated by referencing the corresponding sections of CFR 89; namely section 112, subpart B for exhaust emission standards; section 112(e), subpart B for crankcase emission standards; and section 113, subpart B for smoke emissions standards.

Subsection 1(2) of the regulations also includes general rules specific to the CFRs. It should be noted that when Environment Canada incorporates the CFR by reference, it excludes:

1. references to the EPA or its Administrator using any kind of discretion
2. alternative standards related to the averaging, banking and trading of emission credits, to small volume manufacturers or to financial hardship
3. standards or evidence of conformity from any other authority other than the EPA

In summary, in order to understand the requirements of the regulations, you will also need to be aware of those sections that are incorporated by reference.

B.6 Are the regulations identical to the CFRs?

No. While the objectives of Environment Canada and the EPA are similar, the legal authorities and laws of Canada and the United States differ. There are important differences in how environmental regulations are developed and enforced in Canada and in the United States. Furthermore, the business of off-road diesel engines is unique to each country.

The Regulations were developed to align Canadian emission standards and test procedures with those of the EPA. The regulations are as similar as possible, while respecting the differences in legislation between the act in Canada and the Clean Air Act in the United States.

Note that administrative and other reporting requirements are often different between the two countries.