Air Quality Agreement
Table of Contents
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The Government of Canada and the Government of the United States of
America,
hereinafter referred to as "the Parties",
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Convinced that transboundary air pollution can cause significant harm to
natural
resources of vital environmental, cultural and economic importance, and
to human
health in both countries;
-
Desiring that emissions of air pollutants from sources within their
countries
not result in significant transboundary air pollution;
-
Convinced that transboundary air pollution can effectively be reduced
through
cooperative or coordinated action providing for controlling emissions
of air
pollutants in both countries;
-
Recalling the efforts they have made to control air pollution and the
improved
air quality that has resulted from such efforts in both countries;
-
Intending to address air-related issues of a global nature, such as
climate
change and stratospheric ozone depletion, in other fora;
Reaffirming Principle 21 of the Stockholm Declaration, which provides
that
"States have, in accordance with the Charter of the United Nations
and the
principles of international law, the sovereign right to exploit
their own
resources pursuant to their own environmental policies, and the
responsibility
to ensure that activities within their jurisdiction or control
do not cause
damage to the environment of other States or of areas beyond the
limits of
national jurisdiction";
Noting their tradition of environmental cooperation as reflected in
the
Boundary Waters Treaty of 1909, the Trail Smelter Arbitration of 1941,
the
Great Lakes Water Quality Agreement of 1978, as amended, the Memorandum
of
Intent Concerning Transboundary Air Pollution of 1980, the 1986 Joint
Report of
the Special Envoys on Acid Rain, as well as the ECE Convention
on Long-Range
Transboundary Air Pollution of 1979;
Convinced that a healthy environment is essential to assure the well-being
of
present and future generations in Canada and the United States, as well
as of
the global community;
Have agreed as follows:
Article I
Definitions
For the purposes of this Agreement:
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Air pollution" means the introduction by man, directly or indirectly,
of
substances into the air resulting in deleterious effects of such a nature as
to
endanger human health, harm living resources and ecosystems and material
property
and impair or interfere with amenities and other legitimate uses of
the environment,
and "air pollutants" shall be construed accordingly;
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"Transboundary air pollution" means air pollution whose physical origin
is
situated wholly or in part with the area under the jurisdiction of one
Party
and which has adverse effects, other than effects of a global mature, in
the area
under the jurisdiction of the other Party;
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"Boundary Waters Treaty" means the Treaty Relating to Boundary Waters
and
Questions Arising along the Boundary between Canada and the United
States,
signed at Washington on January 11, 1909;
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"International Joint Commission" means the International Joint
Commission
established by the Boundary Waters Treaty.
Article II
Purpose
The purpose of the Parties is to establish, by this Agreement, a practical
and
effective instrument to address shared concerns regarding transboundary air
pollution.
Article III
General Air Quality Objective
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The general objective of the Parties is to control transboundary air
pollution
between the two countries.
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To this end, the Parties shall:
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in accordance with Article IV, establish specific objectives for
emissions limitations or reductions of air pollutants and adopt the
necessary programs and other measures to implement such specific objectives;
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in accordance with Article V, undertake environmental impact assessment,
prior notification, and, as appropriate, mitigation measures;
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carry out coordinated or cooperative scientific and technical activities,
and economic research, in accordance with Article VI, and exchange
information,
in accordance with Article VII;
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establish institutional arrangements, in accordance with Articles
VIII
and IX; and
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review and assess progress, consult, address issues of concern, and
settle disputes, in accordance with Articles X, XI, XII and XIII.
Article IV
Specific Air Quality Objectives
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Each Party shall establish specific objectives, which it
undertakes to
achieve, for emissions limitations or reductions
of such air pollutants as
the Parties agree to address. Such specific
objectives will be set forth
in annexes to this Agreement.
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Each Party's specific objectives for emissions limitations
or reductions of
sulphur dioxide and nitrogen oxides, which will
reduce transboundary flows
of these acidic deposition precursors,
are set forth in Annex 1. Specific
objectives for such other air
pollutants as the Parties agree to address
should take into account,
as appropriate, the activities undertaken
pursuant to Article VI.
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Each Party shall adopt the programs and other measures
necessary to
implement its specific objectives set forth in any annexes.
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If either Party has concerns about the programs or other
measures of the
other Party referred to in paragraph 3, it may
request consultations in
accordance with Article XI.
Article V
Assessment, Notification, and Mitigation
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Each Party shall, as appropriate and as required by its laws,
regulations
and policies, assess those proposed actions, activities
and projects within
the area under its jurisdiction that, if carried
out, would be likely to
cause significant transboundary air pollution,
including consideration of
appropriate mitigation measures.
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Each Party shall notify the other Party concerning a proposed
action,
activity or project subject to assessment under paragraph 1
as early as
practicable in advance of a decision concerning such
action, activity or
project and shall consult with the other Party
at its request in accordance
with Article XI.
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In addition, each Party shall, at the request of the other
Party, consult
in accordance with Article XI concerning any continuing
actions, activities
or projects that may be causing significant
transboundary air pollution, as
well as concerning changes to its
laws, regulation or policies that, if
carried out, would be likely
to affect significantly transboundary air
pollution.
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Consultations pursuant to paragraphs 2 and 3 concerning
actions, activities
or projects that would be likely to cause or
may be causing significant
transboundary air pollution shall
include consideration of appropriate
mitigation measures.
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Each Party shall, as appropriate, take measures to avoid
or mitigate the
potential risk posed by actions, activities or
projects that would be
likely to cause or may be causing significant
transboundary air pollution.
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If either Party becomes aware of an air pollution problem
that is of joint
concern and requires an immediate response, it
shall notify and consult the
other Party forthwith.
Article VI
Scientific and Technical Activities
and Economic Research
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The Parties shall carry out scientific and technical
activities, and
economic research, as set forth in Annex 2,
in order to improve their
understanding of transboundary air
pollution concerns and to increase their
capability to control such pollution.
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In implementing this Article, the Parties may seek
the advice of the
International Joint Commission regarding
the conduct of monitoring
activities.
Article VII
Exchange of Information
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The Parties agree to exchange, on a regular basis and
through the Air Quality
Committee established under Article VIII, information on:
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monitoring;
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emissions;
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technologies, measures and mechanisms for controlling emissions;
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atmospheric processes; and
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effects of air pollutants,
as provided in Annex 2.
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Notwithstanding any other provisions of this Agreement, the
Air Quality
Committee and the International Joint Commission shall
not release, without
the consent of the owner, any information
identified to them as proprietary
information under the laws of
the place where such information has been
acquired.
Article VIII
The Air Quality Committee
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The Parties agree to establish and maintain a bilateral
Air Quality
Committee to assist in the implementation of this
Agreement. The Committee
shall be composed of an equal number
of members representing each Party.
It may be supported by
subcommittees, as appropriate.
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The Committee's responsibilities shall include:
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reviewing progress made in the implementation of this Agreement,
including its general and specific objectives;
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preparing and submitting to the Parties a progress report
within a year
after entry into force of this Agreement and at least every
two years
thereafter;
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referring each progress report to the International joint
Commission
for action in accordance with Article IX of this Agreement; and
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releasing each progress report to the public after its submission to the
Parties.
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The Committee shall meet at least once a year and additionally at the request
of either Party.
Article IX
Responsibilities of the International Joint Commission
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The International Joint Commission is hereby given, by a Reference
pursuant
to Article IX of the Boundary Waters Treaty, the following
responsibilities
for the sole purpose of assisting the Parties in the
implementation of this
Agreement:
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to invite comments, including through public
hearings as appropriate,
on each progress report prepared by the
Air Quality Committee pursuant
to Article VIII;
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to submit to the Parties a synthesis of the views
presented pursuant to
sub-paragraph (a), as well as the record of
such views if either Party
so requests; and
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to release the synthesis of views to the public
after its submission to
the Parties.
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In addition, the Parties shall consider such other joint
references to the
International Joint Commission as may be appropriate
for the effective
implementation of this Agreement.
Article X
Review and Assessment
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Following the receipt of each progress report submitted
to them by the Air
Quality Committee in accordance with Article
VIII and the views presented
to the International Joint Commission
on that report in accordance with
Article IX, the Parties shall
consult on the contents of the progress
report, including any
recommendations therein.
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The Parties shall conduct a comprehensive review and
assessment of this
Agreement, and its implementation, during
the fifth year after its entry
into force and every five years
thereafter, unless otherwise agreed.
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Following the consultations referred to in paragraph 1,
as well as the review
and assessment referred to in paragraph 2,
the Parties shall consider such
action as may be appropriate, including:
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the modification of this Agreement;
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the modification of existing policies, programs or measures.
Article XI
Consultations
The Parties shall consult, at the request of either Party,
on any matter within
the scope of this Agreement. Such consultations
shall commence as soon as
practicable, but in any event not later
than thirty days from the date of
receipt of the request for consultations,
unless otherwise agreed by the
Parties.
Article XII
Referrals
With respect to cases other than those subject to Article XIII, if,
after
consultations in accordance with Article XI, an issue remains
concerning a
proposed or continuing action, activity, or project
that is causing or would be
likely to cause significant transboundary
air pollution, the Parties shall
refer the matter to an appropriate
third party in accordance with agreed terms
of reference.
Article XIII
Settlement of Disputes
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If, after consultations in accordance with Article XI, a
dispute remains
between the Parties over the interpretation or the
implementation of this
Agreement, they shall seek to resolve such
dispute by negotiations between
them. Such negotiations shall
commence as soon as practicable, but in any
event not later than
ninety days from the date of receipt of the request
for negotiation,
unless otherwise agreed by the Parties.
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If a dispute is not resolved through negotiation, the
Parties shall
consider whether to submit that dispute to the
International Joint
Commission in accordance with either Article IX
or Article X of the
Boundary Waters Treaty. If, after such
consideration, the Parties do not
elect either of these options,
they shall, at the request of either Party,
submit the dispute to
another agreed form of dispute resolution.
Article XIV
Implementation
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The obligations undertaken under this Agreement shall
be subject to the
availability of appropriated funds in accordance
with the respective
constitutional procedures of the Parties.
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The Parties shall seek:
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the appropriation of funds required to implement this Agreement;
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the enactment of any additional legislation that may be necessary
to implement this Agreement;
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the cooperation of Provincial and State Governments as necessary
to
implement this Agreement.
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In implementing this Agreement, the Parties shall, as appropriate,
consult
with Provincial or State Governments, interested organizations, and the public.
Article XV
Existing Rights and Obligations
Nothing in this Agreement shall be deemed to diminish the rights
and
obligations of the Parties in other international agreements
between them,
including those contained in the Boundary Waters
Treaty and the Great Lakes
Water Quality Agreement of 1978, as amended.
Article XVI
Entry into Force, Amendment, Termination
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This Agreement, including Annexes 1 and 2, shall enter into
force upon
signature by the Parties.
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This Agreement may be amended at any time by agreement of the Parties in
writing.
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Either Party may terminate this Agreement upon one year's written
notice to
the other Party, in which case any annexes will also terminate.
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Annexes constitute an integral part of this Agreement, except
that, if an
annex so provides, either Party may terminate such annex
in accordance with
the terms of that annex.
ANNEX 1
SPECIFIC OBJECTIVES CONCERNING SULPHUR DIOXIDE AND NITROGEN OXIDES
1. Sulphur Dioxide
A. For the United States:
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Reduction of annual sulphur dioxide emissions by approximately
10
million tons from 1980 levels in accordance with Title IV of the Clean Air
Act i.e., reduction of annual sulphur dioxide emissions to approximately 10
million tons below 1980 levels by 2000 (with the exception of sources
repowering
with qualifying clean coal technology in accordance with
section 409 of the
Clean Air Act, and sources receiving bonus
allowances in accordance with section
405(a)(2) and (3) of the Clean
Air Act.).
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Achievement of a permanent national emission cap of 8.95 million
tons
of sulphur dioxide per year for electric utilities by 2010, to the extent
required by Title IV of the Clean Air Act.
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Promulgation of new or revised standards or such other
action under the
Clean Air Act as the Administrator of the U.S.
Environmental Protection
Agency (EPA) deems appropriate, to the
extent required by section 406
of the Clean Air Act Amendments of
1990 (P.L. 101-549), aimed at
limiting sulphur dioxide emissions
from industrial sources in the event
that the Administrator of EPA
determines that annual sulphur dioxide
emissions from industrial
sources may reasonably be expected to exceed
5.6 million tons.
B. For Canada:
-
Reduction of sulphur dioxide emissions in the seven easternmost
Provinces
to 2.3 million tonnes per year by 1994 and the achievement of a cap
on
sulphur dioxide emissions in the seven easternmost Provinces at 2.3 million
tonnes per year from 1995 through December 31, 1999.
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Achievement of a permanent national emissions cap of 3.2 million
tonnes per
year by 2000.
2. Nitrogen Oxides
A. For the United States.
With a view to a reduction of total annual emissions of nitrogen oxides
by
approximately 2 million tons from 1980 emission levels by 2000:
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Stationary Sources
Implementation of the following nitrogen oxides control program for
electric utility boilers to the extent required by Title IV of the Clean
Air Act:
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By January 1, 1995, tangentially fired boilers must meet an
allowable emission rate of 0.45 lb/mmBtu and dry bottom wall-fired boilers
must meet an allowable emission rate of 0.50 lb/mmBtu (unless the
Administrator
of EPA determines that these rates cannot be achieved
using NOx burner technology).
-
By January 1, 1997, EPA must set allowable emission limitations for:
—wet bottom wall-fired boilers;
—cyclones;
—units applying cell burner technology; and
—all other types of utility boilers.
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Mobile Sources
Implementation of the following mobile source nitrogen oxides control
program to the extent required by Title II of the Clean Air Act:
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Light Duty Trucks (LDT) (up to 6000 lbs gross vehicle weight
rating (GVWR)) and Light Duty Vehicle (LDV) — standards for model
years after 1993:
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5 yrs/50,000 miles
(useful life)
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10 yrs/100,000 miles
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LDTs
(0 to 3750 lbs
Loaded Vehicle Weight
LVW) and LDVs
|
0.4 grams per mile
(gpm)
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0.6 gpm
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Diesel LDTs
(0 to 3750 lbs LVW) and
LDVs (before 2004)
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1.0 gpm
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1.25 gpm
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LDTs
(3751 to 5750 lbs LVW)
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0.7 gpm
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0.97 gpm
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In model year 1994, 40% of each manufacturer's sales volume
must meet
the above standards. In 1995, the percentage shall
increase to 80%
and, after 1995, to 100%.
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Light Duty Trucks more than 6000 lbs GVWR (after model year 1995):
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Gasoline
5 yrs/50,000 miles
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Gasoline and Diesel
11 yrs/120,000 miles
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LDTs
(3751 to 5750 lbs
Test Weight (TW))
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0.7 gpm
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0.98 gpm
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LDTs
(over 5750 lbs TW)
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1.1 gpm
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1.53 gpm
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In model year 1996, 50% of each manufacturer's sales volume
must meet the
above standards. Thereafter, 100% of each
manufacturer's sales
volume must meet the standard.
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Heavy Duty Trucks (HDT) of more than 8500 lbs GVWR (after model
year 1990):
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Gasoline & Diesel Engines
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HDT (Effective model year 1991)
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5.0 grams per brake horsepower-hour (gphp-hr)
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HDT (model year 1998 and later)
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4.0 gbhp-hr
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Useful life
Gasoline Engine
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8 yrs/110,000 miles
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Diesel Engines
Light heavy-duty:
Medium heavy-duty:
Heavy heavy-duty:
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8 yrs/110,000 miles
8 yrs/185,000 miles
8 yrs/290,000 miles
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B. For Canada:
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Stationary Sources
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As an interim requirement, reduction, by 2000, of annual
national
emissions of nitrogen oxides from stationary sources by 100,000
tonnes below the year 2000 forecast level of 970,000 tonnes.
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By January 1, 1995, development of further annual
national emission
reduction requirements from stationary sources to be
achieved by
2000 and/or 2005.
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Mobile Sources
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Implementation of a more stringent mobile source
nitrogen oxides
control program for gasoline powered vehicles with standards
no
less stringent than the following:
Light Duty Vehicles (up to 6000 lbs GVWR)
(By Model year 1996 for passenger cars)
(By model year 1996 for light duty trucks)
|
5 yrs/80,000 kilometres (useful life)
|
Cars and Light Duty
(0 to 3750 lbs LVW)
|
0.4 gpm
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Light Duty Trucks
(3751 to 5750 lbs LVW)
|
0.7 gpm
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Medium Duty Vehicles (6001 to 8500 lbs GVWR)
(By model year 1997):
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5 yrs/80,000 kilometers (useful life)
|
0 to 3750 lbs LVW
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0.4 gpm
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3751 to 5750 lbs LVW
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0.7 gpm
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Over 5750 lbs LVW
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1.1 gpm
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Heavy Duty Vehicles (over 8500 lbs GVWR)
(By model year 1998):
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8 yrs/110,000 miles (useful life)
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Over 8500 lbs GVWR
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4.0 gbhp-hr
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Implementation of a more stringent mobile source
nitrogen oxides
control program for diesel powered vehicles and
engines with
standards, to the extent possible, no less stringent
that the
standards for the respective duty classes of gasoline
powered
vehicles and engines.
3. Compliance Monitoring
A. Utility Units
1. For the United States:
Requirement that, by January 1, 1995, each new electric
utility
unit and each electric utility unit greater than 25 MWe existing
on the
date of enactment of the Clean Air Act Amendments of 1990 (November
15,
1990) emitting sulphur dioxide or nitrogen oxides install and operate
continuous emission monitoring systems or alternative systems approved by
the Administrator of EPA, to the extent required by section 412 of the Clean
Air Act.
2. For Canada:
Requirement that, by January 1, 1995, Canada estimate
sulphur
dioxide and nitrogen oxides emissions from each new electric
utility
unit and each existing electric utility unit great that 25 MWe
using a
method of comparable effectiveness to continuous emission
monitoring,
as well as investigate the feasibility of using and
implement, where
appropriate, continuous emission monitoring systems.
3. For Both Parties:
The Parties shall consult, as appropriate, concerning
the
implementation of the above.
B. Other Major Stationary Sources
Requirement that the Parties work towards utilizing
comparably
effective methods of emission estimation for sulphur dioxide
and
nitrogen oxides emissions from all major industrial boilers and
process
sources, including smelters.
4. Prevention of Air Quality Deterioration and Visibility Protection
Recognizing the importance of preventing significant air quality
deterioration
and protecting visibility, particularly for international
parks, national, state, and
provincial parks, and designated wilderness
areas:
A. For the United States:
Requirement that the United States maintain means for preventing
significant air quality deterioration and protecting visibility, to the
extent
required by Part C of Title I of the Clean Air Act, with respect
to sources that
could cause significant transboundary air pollution.
B. For Canada:
Requirement that Canada, by January 1, 1995, develop and implement
means affording levels of prevention of significant air quality
deterioration and
protection of visibility comparable to those in
paragraph A above, with respect to
sources that could cause significant
transboundary air pollution.
C. For Both Parties:
The Parties shall consult, as appropriate, concerning
the
implementation of the above.
ANNEX 2
SCIENTIFIC AND TECHNICAL ACTIVITIES AND ECONOMIC RESEARCH
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For the purpose of determining and reporting on air pollutant
concentrations
and deposition, the Parties agree to coordinate their air
pollutant monitoring activities through:
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coordination of existing networks;
-
additions to monitoring tasks of existing networks of
those air
pollutants that the Parties agree should be monitored for
the purposes
of this Agreement;
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addition of stations or networks where no existing
monitoring facility
can perform a necessary function for purposes
of this Agreement;
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the use of compatible data management procedures, formats,
and methods;
and
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the exchange of monitoring data.
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For the purpose of determining and reporting air emissions levels,
historical
trends, and projections with respect to the achievement of the
general and specific
objectives set forth in this Agreement, the Parties agree
to coordinate their activities through:
-
identification of such air emissions information that
the Parties agree
should be exchanged for the purposes of this
Agreement;
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the use of measurement and estimation procedures of
comparable
effectiveness;
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the use of compatible data management procedures, formats,
and methods;
and
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the exchange of air emission information.
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The Parties agree to cooperate and exchange information with respect to:
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their monitoring of the effects of changes in air pollutant
concentrations and deposition with respect to changes in various
effects categories, e.g. aquatic ecosystems, visibility, and forests;
-
their determination of any effects of atmospheric pollution on human
health and ecosystems, e.g. research on health effects of acid aerosols,
research
on the long-term effects of low concentrations of air
pollutants on ecosystems,
possibly in a critical loads framework;
-
their development and refinement of atmospheric models for purposes
of
determining source receptor relationships and transboundary transport
and deposition of air pollutants;
-
their development and demonstration of technologies and measures
for
controlling emissions of air pollutants, in particular acidic deposition
precursors, subject to their respective laws, regulations and policies;
-
their analysis of market-based mechanisms, including emissions trading;
and
-
any other scientific and technical activities or economic research
that
the Parties may agree upon for purposes of supporting the general and specific
objectives of this Agreement.
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The Parties further agree to consult on approaches to, and share
information
and results of research on, methods to mitigate the impacts of
acidic deposition,
including the environmental effects and economic aspects of
such methods.
Revised: January 28, 2002
Maintained by Terry Verzosa,
verzosat@windsor.ijc.org
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