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ARCHIVED - Advisory Notice for Transition Engines Installed in Machines Sold Only in Canada under the Off-Road Compression-Ignition Engine Emission Regulations (03-2006)

Purpose

This Advisory Notice outlines the procedure Environment Canada is applying to machines sold only in Canada under the transition engine provisions of the Off-Road Compression-Ignition Engine Emission Regulations. This procedure is being applied as an interim measure pending the amendment of the transition engine provisions of the Regulations.

Description of Transition Engine Provisions

The Off-Road Compression-Ignition Engine Emission Regulations under the Canadian Environmental Protection Act, 1999 came into effect on January 1, 2006 and establish standards for smog-forming emissions from diesel engines used in a variety of off-road applications (e.g., construction, agricultural, forestry and mining equipment) in alignment with the standards of the U.S. Environmental Protection Agency (EPA).

The U.S. EPA's provisions for transition engines (also referred to as flexibility engines) allow machine manufacturers to install engines that are not certified to the new emission standards in a limited percentage or in a small volume of machines during a seven-year period. All transition engines must meet the previous Tier 1 or Tier 2 emission standards, except those in the less than 19 kW power category.

The transition engine provisions of the Canadian Regulations were developed, in consultation with stakeholders, to allow machines that qualify under the U.S. transition engine provisions and that are sold in the U.S. to be sold in Canada. The Regulations currently limit the use of the transition engine provisions to machines that are sold concurrently in Canada and the U.S. However, it has come to Environment Canada's attention that there are limited cases where machines are manufactured in Canada and sold in Canada but not sold in the U.S.

Environment Canada recognizes that it is reasonable for a Canadian machine manufacturer to have the equivalent flexibility to offer for sale in Canada machines that would otherwise be eligible for sale in Canada if they were sold in the U.S. Accordingly, Environment Canada will be amending the Regulations to address transition engines installed in machines that are sold only in Canada during the upcoming process to amend the Regulations to incorporate the U.S. Tier 4 emission standards.

Interim Procedure for Transition Engines

As an interim measure, Environment Canada is applying the following procedure to address transition engines installed in machines sold only in Canada as a means of providing equivalent flexibility to the provisions in the Regulations for transition engines installed in machines that are sold concurrently in Canada and the U.S.

A Canadian company may sell a transition engine installed in a machine that is sold only in Canada, provided that:

  • the company informs the Minister1 in writing of its intention to do so, along with the street address of the place of business in Canada where the calculations, data and information in respect of the evidence of conformity are kept;
  • the machine conforms to the requirements of subsections 13(1) to 13(4) with the calculations based on Canadian sales;
  • the company submits the declaration referred to in section 19 of the Regulations (refer to Chapter 8 of the "Guidance Document for the Off-Road Compression-Ignition Engine Emission Regulations"2) and makes the statement under subparagraph 19(1)(e)(ii) that "The company is able to produce the evidence of conformity under section 17 of the Canadian Off-Road Compression-Ignition Engine Emission Regulations"; and
  • the company and engine conform to all other applicable requirements of the Regulations.

In the case of transition engines installed in machines that are sold only in Canada, the evidence of conformity listed in section 7.4 of the "Guidance Document for the Off-Road Compression-Ignition Engine Emission Regulations"2, with the following changes, will be satisfactory:

  • the calculations referred to in item 4 shall be based on the Canadian company's sales of machines in Canada only;
  • the Canadian company shall keep the calculations and any data or information related thereto at its principal place of business in Canada as referred to above; and
  • the documentation referred to in item 8 is not required.

The procedure set out in this Advisory Notice maintains Environment Canada's overall objective and policy to reduce emissions from engines in alignment with U.S. EPA Rules, on which the current Regulations are based. This procedure will apply only until the Regulations are amended to incorporate provisions that address transition engines installed in machines that are sold only in Canada.

If you have any questions concerning this matter, please contact Mr. Morrie Kirshenblatt at 613-991-4569 or morrie.kirshenblatt@ec.gc.ca.

Director, Transportation Division
Environment Canada


1  The "Minister" is the federal Minister of the Environment. Where information is required to be submitted to the Minister, unless otherwise directed, it should be sent to: Director, Transportation Division, Clean Air Directorate, Environment Canada, 351 St-Joseph Blvd, Gatineau, Quebec K1A 0H3.

2  The "Guidance Document for the Off-Road Compression-Ignition Engine Emission Regulations" is available on Environment Canada's CEPA Registry.

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