Sulphur in Diesel Fuel

Act: Canadian Environmental Protection Act, 1999
Regulation: Sulphur in Diesel Fuel Regulations, SOR/2002-254

To Whom Does This Apply?

Refiners or importers of diesel fuel, and all persons who sell or offer for sale diesel fuel for use in on-road vehicles in Canada.

Eligible Activities

Refining, importing, selling or offering for sale diesel fuel.

Summary

The Canadian Environmental Protection Act, 1999 (CEPA 1999) is an act respecting the protection of the environment, human life and health. Its twelve parts include powers and provisions to:

• undertake environmental research and data;
• develop objectives, guidelines and codes of practice for industry and business;
• regulate toxic substances, new substances, wastes and fuels;
• regulate animate products of biotechnology;
• regulate international air pollution and ocean dumping; and
• enforce regulations including agreements with provinces and territories.

CEPA has been renewed and the new Canadian Environmental Protection Act, 1999 was given Royal Assent on September 14, 1999. The date of proclamation was March 30, 2000.

Environment Canada administers the Act on behalf of the federal government, but develops regulations and guidelines jointly with Health Canada.

The Sulphur in Diesel Fuel Regulations, published under the Canadian Environmental Protection Act, 1999, control the level of sulphur in diesel fuel for use in on-road vehicles.

The Regulations replaced the Diesel Fuel Regulations on January 1, 2003. The goal of the Sulphur in Diesel Fuel Regulations is to ensure that the level of sulphur in diesel fuel used in on-road vehicle in Canada will not impede the effective operation of advanced emission control technologies planned to be introduced on 2007. Also, the Regulations have a goal to ensure that later model year vehicles comply with stringent new exhaust emission standards. The companion regulations on these exhaust emission standards were published in the Canada Gazette, Part II in the January 1, 2003.

Products Affected

For sulphur limits, diesel fuel sold for use in on-road vehicles in Canada. For reporting requirements, all diesel fuel.

Products Exempted

For sulphur limits, diesel fuel sold for use in applications other than in on-road vehicles.

Diesel fuel that meets the following criteria, provided that the fuel is accompanied by written evidence establishing that it meets the defined criteria:

• Diesel fuel that is in transit through Canada, from a place outside of Canada to another place outside of Canada;
• Diesel fuel that is produced in Canada or sold for export;
• Imported diesel fuel that exceeds sulphur concentrations and that will be further processed to meet the sulphur limit.

Diesel fuel that is being imported in a fuel tank that supplies the engine of conveyance is also not subject to the regulations.

Requirements

The regulations prohibit the production, importation and sale of diesel fuel for use in on-road vehicles that has a sulphur level of more than 500 mg/kg (500 parts per million) until May 31, 2006. Effective June 1, 2006, the limit becomes 15 mg/kg for production and imports of diesel fuel for use in on-road vehicles. Effective September 1, 2006, the 15 mg/kg limit applies to sales of diesel fuel for use in on-road vehicles (except in the northern supply area where the 15 mg/kg sales limit comes into effect one year later).

Refiners or importers of diesel fuel for use or sale in Canada must submit to Environment Canada for each calendar quarter during which diesel fuel is produced or imported, within 45 days after the last day of each quarter, a report containing diesel fuel quantity and sulphur concentration information as set out in the reporting requirements of the Regulation.

Refiners and importers of diesel fuel for use or sale in Canada must submit to Environment Canada a one-time registration form 15 days before the person produces or imports diesel fuel for the first time. The information to be provided includes whether diesel fuel is produced or imported for use in on-road vehicles or for other uses, typical annual volumes, facility location for producers, and usual port of entry and mode of importation for importers.

Every person who produces or imports diesel fuel must keep a record of each batch of diesel fuel produced or imported that indicates the volume of the batch and whether the batch exceeded the regulatory on-road diesel sulphur limits. Fuel exceeding the regulatory on-road sulphur limits must be identified prior to dispatch of that fuel from the production facility or the importation of that fuel in record as "not suitable for use in on-road vehicles". Records are to be maintained for a period of five years after the record is made.

• Amending the Sulphur in Diesel Fuel Regulations
• CEPA Sulphur in Diesel Fuel Regulations

• Sulphur in Diesel Fuel Regulations

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Quebec Contact(s):
Mr. Jean-François Banville
Project Manager
Environmental Protection Directorate
Environment Canada
105 McGill Street
Montréal, Quebec  H2Y 2E7
Telephone: (514) 283-6066
Fax: (514) 996-6982
Web site: http://sustainabilityfund.gc.ca/Home-WS8EF2CCF9-11_En.htm

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National Contact(s):
Environmental Protection Publications Centre
Environment Canada
Telephone: 613-953-5921 or 613-953-5750
Fax: 819-953-7253
Web site: http://www.ec.gc.ca/envhome.html

Chief, Fuels Division
Oil, Gas and Energy Branch
Environment Canada
Place Vincent Massey
351 Saint-Joseph Boulevard
Gatineau, Quebec  K1A 0H3
Telephone: (819) 953-4673
Fax: (819) 953-8903
Web site: http://www.ec.gc.ca/envhome.html