A. Utility units

1. Fox 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 @ ric utility unit and each existing electric

—— utility Unit greater than 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
enission monitoring systems.

3. For Both parties: . ae e
The Parties shall consult, as appropriate, concerning
the implementation of the above.

B. Qther 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.



IN WITNESS W:

DONE in dupl
{3TM day of
languages, e

EN FOI DE QU

FAIT en deux
13¢ jour da
frangaise, 1

FOR THE GOVE:
UNITED STATE.

POUR LE GOUV’
DES ETATS-UN

Lp

v

ZREOF, the undersigned have signed this Agreement.
sate, at OTTAWA this

MARC H 2991, in the English and French ¥
ch version being equally authentic.

t, les soussignés ont signé le présent Accord.

axemplaires & OTTAWA , ce

MARS 1991, en langues anglaise et
3 deux versions faisant également foi.

MMENT OF THE FOR THE GOVERNMENT
OF AMERICA OF CANADA
2NEMENT POUR LE GOUVERNEMENT

3 D'AMERIQUE DU CANADA

L, ita Molson





4 AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND THE GOVERNMENT OF CANADA
OM AIR QUALITY

The Government of the United States of America and the
Government of Canada, hereinafter referred to as "the Parties",

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 the United
States and Canada, as well as of the global community;

It Have agreed as follows:



: + Prevention of Air Quality Deterioration and visibility
@ ‘ Protection

Recognizing the importance of preventing significant air
quality deterioration and protecting visibility,

ed 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 Cc
of Title I of the Clean Air Act, with respect to
sources that could cause significant transboundary air
poklution.

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.



Anticle X. Review and Assessment
The Parties have agreed to:

© consult on the contents of each progress report;

e
_

0 to conduct a comprehensive review and assessment of the Agreement, and its
implementation, every five years; .

g © consider modification of the Agreement or existing policies, programs or other
measures as appropriate.

Article Xi: Consultati

The Parties have ‘agreed to commence consultations on any matter within the scope of the
Agreement, at the request of either Party, no later than thirty days after such a request is made.

Adicle Xi; Referrals
In cases not covered by Article XIll, if consultations under Article X1 do not jead to a resolution

of certain issues, the Parties shall refer such matters to an appropriate third party in
accordance with agreed terms of reference.

Arti _ Set Di

lf, following consultation, a dispute remains over the: implementation of the Agreement, the
Parties shall seek to.settle it through negotiation.

@ If negotiations between the two Parties fail, the Parties will, at either Party's request, réfer
the dispute to an agreed form of dispute resolution.

Articl . '

The obligations are subject to the availability of appropriated funds.

The Parties agree to seek:
© the appropriation of funds to implement the Agreement;
© the enactment of any additional legislation that may be necessary to implement the
h Agreement;
| © the cooperation of State and Provincial Governments, interested organizations, and the
: public.

Article XV. Exi Bi Obligat

! The Agreement shall not diminish the rights and obligations of the Parties under other
international agreements between them. :



The Parties agree to cooperate and exchange information with
respect to:

(a) 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;

(b) 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 ecosystens, Possibly in a critical loads
framework;

(c) their development and refinement of atmospheric models
for purposes of determining source receptor
relationships and transboundary transport and
deposition of air pollutants;

(d) 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;

(e) their analysis of market-based mechanisms, including
emissions trading; and

(f) 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.

The Parties further agree to consult on approaches to, and
share information and results of research en, methods to
mitigate the impacts of acidic deposition, including the
environmental effects and economic aspects of such methods.



(¢c) Heavy Duty Trucks (HDT) of more than 8500 lbs
GVWR (after model year 1990):

Gasoline and Diesel Engines
HDT (effective model year 1991°) 5.0 grams per brake .
. horsepower-hour® (gbhp-hr)

HDT (model year 1998 and later) 4.0 gbhp-hr

Useful life*:

gasoline engines . 8 years/110,000 miles
diesel engines
light heavy-duty: 8yrs/110,000 miles
medium heavy-duty: 8yrs/185,000 miles
heavy heavy-duty: 8yrs/290,000 miles
8. For Canada:

1. Stationary Sources

(a) Ag’an interim requirement, reduction, by 2000,
of annual national emissions of nitrogen oxides

1 from stationary sources by 100,000 tonnes below
the year 2000 forecast level of 970,000 tonnes.

(b) By January 1, 1995, development of further
annual national emission reduction requirements
from stationary sources to be achieved by 2000
and/or 2005.

2. Mobile Sources

(a) 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’)

$ yrs/80,000 kilometres
(useful life)

Cars and Light Duty Trucks 0.4 gpm
(QO to 3750 lbs LVW) .

Light Duty Trucks . 0.7 gpm
(3751 to 5750 lbs Lvw)

\-14

*. As set forth in EPA regulations in effect as of the entry
into force of this Agreement.

7, The Government of Canada will propose this effective date;
the final effective date is subject to the procedures and
outcome of the regulation development process.


Article VIIT

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.

The Committee's responsibilities shall include:

(a) reviewing progress made in the implementation of this
Agreement, including its general and specific
objectives;

(b) 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;

(c) referring each progress report to the International
Joint Commission for action in accordance with Article
IX of this Agreement; and

(d) releasing each progress report to the public after its
‘Submission to the Parties.

The Committee shall meet at least once a year and
additionally at the request of either Party.

aioe e
Responsibilities of the International Joint Commission

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
ef assisting the Parties in the implementation of this
Agreement:

(a) to invite comments, including through public hearings
as appropriate, on each progress report prepared by the
Air Quality Committee pursuant to Article VIII;

(b) 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

(ce) to release the synthesis of views to the public after
its submission to the Parties.

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.



THE WHITE HOUSE

Office of the Prees Secretary

For Immediate Relasse. ° March 13, 1991

UNITED STATES - CANADA AGREEMENT ON ALR QUALITY
FACT SHEET ,

Today, the President will sign an historic agreement with
Prime Minister Mulroney to address transboundary air pollution.
The agreement resolves a long-standing environmental concern
between the two countries by establishing an effective
bilateral machanism to address transboundary air pollution
issues. It recognizes that pollution does not respect national
boundaries and that it can be reduced to the benefit of both
countries through cooperative and coordinated action.

The agreement contains specific emission standards for
reducing sulfur dioxide and nitrogen oxides emissions, the
precursors of acid rain. For sulfur dioxide and nitrogen
oxides, the agreement commits the United States to implement
the requirements of the Clean Air Act Amendments of 1990, which
were signed into law by President Bush on November 15, 1990.

It also commits Canada to implement current air quality
requirements, and to adopt seversl stringent new requirements
for controlling pollution. The agreement includes commitments
to: : 7

. Reduce sulfur dioxide emissions in the United States
to 10 million tons below 1980 levels by the year
2000;

. Reduce sulfur dioxide emissions in the seven eastezn-
most Provinces in Canada to 2.3 million tons by 1994,
and to cap emissions at that level in the seven
eastern-most Provinces from 1995 through 1999;

. Establish a pormanent national cap on sulfur dioxide
emissions of 6.95 million tons per year for electric
utilities by 2010, and for all years thereafter;

. Adopt s permanent nationsl emissions cap in Canada of
3.2 million tone of eulfur dioxide per year by 2000;

-|
- more + 7



A < Scientiti ical Activiti E R t

The two countries have agreed to coordinate: their air pollution monitoring networks, to use
compatibie formats and methods, and to share information on a variety of air emissions and
pollution information.

The Parties have also agreed to cooperate and exchange information with respect to effects
monitoring, research and human health and ecological effects of air pollutants, atmospheric
modeling, control technologies, and their analysis of market-based mechanisms such as
emissions trading.



1.

ak

2.

* (e)

Article 123

General Air Quality ‘sbjective

The general objective of the Part
transboundary air pollution betwe

To this end, the Parties shall:

ice with Article I
objectives for emissions lir
alr pollutants and adopt the
other measures to implement

in accordance with Article V
impact assessment, prior not
appropria mitigation meas

(b)

{c) carry out coordinated or coo
technical activities, and ec
accordance with Article VI,

in accordance with Article V
(d) establish institutional arra
with-Articles VIII and Ix; a

review and assess progress,
concern, and settle disputes
Articles X, XI, XII and XIII

Article Iv
Specific Air Quality «

Each Party shall establish specif
undertakes to achieve, for emissi:
reductions of such air pollutants
address. Such specific objective:
annexes to this Agreement. -

Each Party's specific objectives

or reductions of sulphur dioxide .
will reduce transboundary flows o.
precursors, are set forth in Anne:
for such other air pollutants as °
address should take into account,
activities undertaken pursuant to

Each Party shall adopt the prograr
necessary to implement its specif:
any annexes.

If either Party has concerns about
measures of the other Party refer:
may request consultations in acco:

es is to control

‘mn the two countries.

", establish specific

tations or reductions of
necessary programs and
uch specific objectives;

undertake environmental
fication, and, as
res;

erative scientific and
nomic research, in
nd.exchange information,
tT

jements, in accordance
a

ansult, address issues of
in accordance with

rlectives

2 objectives, which it
1s limitations or

ig the Parties agree to
will be set forth in

og emissions limitations
id nitrogen oxides, which
these acidic deposition
1. Specific objectives
1e Parties agree to

18 appropriate, the
\rticle VI.

3 and other measures
: objectives set forth in

the programs or other
2d to in paragraph 3, it
tance with Article XI.



Article I
Definitions

For the. purposes of this Agreement:

"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;

“Transboundary air pollution" means air pollution whose
physical origin is situated wholly or in part within the
area under the jurisdiction of one Party and which has
adverse effects, other than effects of a-global nature, in
the area under the jurisdiction of the other Party:

“Boundary Waters Treaty” means the Treaty Relating to
Boundary Waters and Questions Arising along the Boundary
between the United States and Canada, signed at Washington
on January 11, 1909;

° ‘ " means the International
Joint Commission established by the Boundary Waters Treaty.

Article 72
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.



! @ Medium Duty Vehicles (6001 to 8500 lbs GvwrR)
(By model year 1997’)

5 yrs/80,000 kilometres
(useful life)

Ay

o
0 to 3750 lbs LYW 0.4 gpm
3751 to $750 lbs LVW 0.7 gpm
Over 5750 lba LVW 1.1 gpm

Heavy Duty Vehicles (over 8509 lbs GVWR)
(By model year 1998°)

8 years/110,000 miles
(useful life)

Over 8500 lbs GVWR 4.0 gbhp-hr

(b) 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 than the
standards for the respective duty classes of
gasoline powered vehicles and engines.



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.

In implementing this Article, the Parties may seek the

advice of the International Joint Commission regarding the
conduct of monitoring activities.

Article vi2
Exchange of Information

The Parties agree to exchange, on a regular basis and
through the Air Quality Committee established under Article

VIII, information on:
(a) monitoring;
(b) emissions;

(c) technologies, measures and mechanisms for controlling
emissions;

(d) atmospheric processes; and
(e) effects of air pollutants,

as provided in Annex 2.

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.



WS. Canada Air Quality A -s {_Provisi

The Agreement is composed of three parts -- the main body, and two Annexes (one on sulfur
dioxide and nitrogen oxides, and another on research and monitoring issues).

Main body
icle 1: _Definit
Adiicle I; 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.”

. 6 Air Quality Objecti

"The general objective of the Parties is to control transboundary air pollution between the two
countries.”

To this end the Parties have agreed to carry out various activities which are specified in other
Articles of the Agreement, which relate to: :

0 establishing specific programs on emission limitations;

© undertaking environmental impact assessments, prior notification, and, as
appropriate, mitigation measures;

© Carrying out coordinated or cooperative scientific and technical activities and
economic research, and to exchanging information

© establishing institutional arrangements: and,

0 reviewing and assessing progress, consulting, addressing issues of concern, and
settling disputes.

Arti ‘Specific Air Quality Object’

In this article, the Parties agree to estatiish specific objectives and adopt the necessary
programs for emission limitations or recuctions of such air pollutants that the Parties agree to
address. The specific objectives and po:‘utants will be spelled out in Annexes to the Agreement.
Specific programs and objectives for ths primary acid rain precursors, sulfur dioxide and
nitrogen oxides, are spelled out in Annex |.



PAX

Ain
O32
c.a

YT SEP

| Bh LYCELS~

3

. cea]
@ >
rz)

ta

. i]

United States .

Environmental Protection Air and Radiation EPA/400/1-91/013
Agency (ANR-445) April 1991 .

United States-C anada_
Air Quality Agre ement

HEADQUARTERS LIBRARY
ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460


If, after consultations in accordance with Article XI, a

dispute remains between the Parties over the interpretation y
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. .

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
those options, they shall, at the request of either Party,
submit the dispute to another agreed form of dispute

‘resolution.

Article ZzI¥
Implementation —
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. . @
The Parties shall seek:

{a) the appropriation of funds required to implement this"
Agreement;

(b) the enactment of any additional legislation that may be
necessary to implement this Agreement:

(c) the cooperation of State and Provincial Governments as
necessary to implement this Agreement.

In implementing this Agreement, the Parties shall, as
appropriate, consult with State or Provincial Governments,
interested organizations, and the public.



Article x
Review and Assessment

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.

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.

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:

(a) the modification of this Agreement;

(bd) the modification of existing policies, programs or
measures.

Article x2
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 X1I
Referrals

with respect to cases other than those subject to Article
XIII, .i£, 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.



o”Out of concern*for environmental protection; and in a-spirit of true cooperation, Canadachas
agreed to: .

o establish-a permanent national cap on sulfur dioxide emissions in the year 2000:

© utilize emission estimation techniques that are comparably effective to the use of , @.
continuous emission monitors (and to investigate the feasibility of deploying continuous
emission monitors on electric utility units); and,

o with respect to sources that could cause significant transboundary air pollution.
develop programs that would afford protection to the environment in terms of
prevention of significant deterioration and visibility impairment comparabie to the
protection afforded by the provisions in the Clean Air Act.

o The two countries recognize that their air pollution control programs do not have to be
identical, but they also recognize the value of having programs in these areas that are
comparably effective.

o Annex 2 covers scientific and technical activities and economic research. In this Annex. the
two countries have agreed to coordinate their air pollution monitoring networks, to use
compatible formats and methods, and to share intormation a variety of air emissions and
Pollution information. The countries have also agreed to cooperate and exchange information
with respect to effects monitoring, research on human health and ecological effects of air
pollutants, atmospheric modeling, control technologies, and their analysis of market-based
mechanisms such as emissions trading.


- TY. NT

o The United States and Canada signed a bilateral air quality agreement on March 13, 1991,
when President Bush traveled to Ottawa to meet with Prime Minister Mulroney. -

ay

0 The purpose of the Agreement is to provide the two countries with a practical and flexible
formal mechanism to work on shared air pollution problems.

tom.

o The Agreement grew out of a commitment made by President Bush to Prime Minister Mulron: -
on February 10, 1989, to negotiate an air quality agreement.

o During the negotiations on the Agreement, which formally commenced last August in Ottawa.
the two countries agreed on a framework agreement that would allow them to work on a variety
of air pollution problems, not just acid rain.

o The Agreement is composed of three parts: a main body, and two annexes--one on sulfur
dioxide and nitrogen oxides, and one on scientific and ‘technical activities and economic researci

© The main body of the Agreement contains articles on a variety of issues, including:
© general and specific objectives:

© assessment, notification, consultation, and mitigation regarding sources of air
pollution in each country that might impact the other country in a significant manner:

© the establishment of a bilateral Air Quality Committee to assist in the implementatioi
of the Agreement;

o dispute resolution.

o Annex | covers specific objectives concerning sulfur dioxide and nitrogen oxides, the two
major acid rain precursors. The Annex contains specific targets and timetables for reductions
in the two pollutants from both stationary and mobile sources from both countries. The U.S.
commitments mirror those found in the Clean Air Act Amendments of 1990: i.e.,
implementation of specific programs aimed at achieving a ten million ton reduction in sulfur
dioxide emissions and a 2 million ton reduction in nitrogen oxides from 1980 leveis.

o The Canadian commitments incorporate elements of Canada’s acid rain control program.
established in 1985, and commitments to strengthen that program and adopt new programs to
limit emissions of nitrogen oxides from both stationary and mobile sources.

3-|



Article ¥
Assessment, Notification, and Mitigation

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.

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.

In addition, each Party shall, at the request ef 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, regulations or policies
that, if carried out, would be likely to affect
significantly transboundary air pollution.

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 r }
mitigation measures.

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.

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.



SCIENTIFIC AND TECHNICAL ACTIVITIZS
AND ECONOMIC RESEARCH

For the purpose of determining and reporting on air
pollutant concentrations. and deposition, the Parties agree
to coordinate their air pollutant monitoring activities
through: .

(a) coordination of existing networks;

(b) additions to monitoring tasks of existing networks of
these air pollutants that the Parties agree should be
monitored for the purposes of this Agreement;

(c) addition of stations or networks where no existing
monitoring facility can perform a necessary function
for purposes of this Agreement;

(ad) the use of compatible data management procedures,
formats, and methods; and

(e} the exchange of monitoring data.

For the purpose of determining and reporting air emissions ©

levels, historical trends, and projections with respect to
the achievement of the ganeral and specific objectives set
forth in this Agreement, the Parties agree to coordinate
their activities through:

(a) identification of such air emissions information that
the Parties agree should be exchanged for the purposes
of this Agreenent;

(b) the use of measurement and estimation procedures of
comparable effectiveness;

{c) the use of compatible data management procedures,
formats, and methods; and

(ad) the exchange of air emission information.

wa S

—


The Agreement,-including the Annexes, shall enter into force upon signature of the Parties
(March 13). .

The Agreement may be amended at any time by agreement of the Parties in writing.

Either Party may terminate the Agreement upon one year's written notice to the other Party.




1. 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).

2. 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.

3. 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) deens
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:

1. 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.

2. Achievement of a permanent national emissions cap of 3.2
million tonnes per year by 2000.

I-|!

7 Applies only to reductions in emissions in the forty-eight
contiguous States and the District of Columbia.

2, 1 ton = 0.91 tonnes (metric tons).

3, all references to the Clean Air Act refer to the Act as



2. Mobile sources
Implementation of the following mobile source nitrogen

oxides control program to the extent required by Title
II of the Clean Air Act:

(a) Light Duty Trucks (LDT) (up to 6000 ibs gross
vehicle weight rating (GVWR)) and Light Duty
Vehicles (LDV) -~ standards for model years after

1993:

5 yrs/50,000 miles 10 yrs/100,000

(useful life) niles
LOTs
(0 to 3750 lbs 0.4 grams per mile 0.6 gpa
Loaded Vehicle Weight (gpm)
(LVW)) and LDVs
Diesel LOTs 1.0 gpa 1.25 gpm
(0 to 3750 lbs LVW) and
LOVs (before 2004)
LDTs 0.7 gpm 0.97 gpm

(3751 to 5750 lbs Lvw)

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%.

(b) Light. Duty Trucks more than 6000 lbs GVWR.
(after model year 1995):

Gasoline Gasoline and Diesel

5 yrs/50,000 miles 11 yrs/120,000 miles
LOTs 0.7 gpm 0.98 gpm
(3751 to 5750 lbs
Test Weight (TW))
LOTs 1.1 gpa . 1.53 gpm

(over 5750 lbs Tw)
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.

I-15

5. This standard does not apply to diesel-fueled@ LOTs (3751
to 5750 lbs LVW).



U.S. - Canada Air Quality Agreement
Information Packet

Document Page Number

wv Agreement between the Government of 1-1
‘the United States and the Government
of Canada on Air Quality

we
¥ U.S. Canada Air Quality Agreement: 2-1
Summary of Provisions
Fact Sheet on U.S.-Canada Air Quality Agreement 3-1
Press Release on the United States - Canada 4-1

Agreement on Air Quality. The White House,
Office of the Press Secretary. March 13, 1991



In this article, the Parties have agreed, as appropriate and as required by their respective
domestic taws, to assess those proposed actions, activities and projects within their
jurisdiction, that, if carried out, would be likely to cause significant transboundary air
Pollution, including consideration of appropriate mitigation measures.

The Parties.have agreed to notify each other in advance of such projects and to consult upon C
request. =
in addition, the Parties have agreed to consult, upon request, concerning continuing actions and

changes to laws, regulations or policies likely to affect significantly transboundary air . y
pollution.

Article Vis Scientif I oa g ic Res

Here the Parties have agreed to carry out such activities and research in order to improve their
understanding of transboundary air pollution concerns and to increase their capability to
control such pollution.

article Vil: E tint .

The Parties have agreed to exchange on a regular basis information on:
© monitoring:
9 emissions;
© technologies measures and mechanisms for controlling emissions;
© atmospheric processes:
0 effects of air pollutants.

Article Vill; i i

The Parties have agreed to establishing a bilateral air quality committee to assist in the
implementation of the Agreement.

Responsibilities of the Committee inctude:
© reviewing progress made in the implementation of the Agreement;
0 preparing and submitting progress reports;
0 referring each report to the International Joint Commission;
© releasing progress reports to the public.

The committee shail meet at least once a year.

The International Joint Commission is gven the following responsibilities:

© to invite comments (including through public hearings as appropriate) on the progress
reports developed by the Air Quality Committee;

©. to submit to the two Parties and the public a synthesis of the comments.

a-> ry





«2+

. Reduce total annual emissions of nitrogen oxides in
the United States by approximately 2 million tons
from 1980 levels by 2000, and to achieve a comparable
percentage of emission reductions in Canada;

+ * Reduce in each country vehicle emissions of nitrogen
oxides;

. 9

. Implement. measures in each country to protect
visibility and prevent significant air quality
deterioration; and

. Accurately monitor these emissions in each country.

Under this agreement, the parties will no longer view the air
shed between the two countries as divisible. We look to mutual
development of technologies and regulatory principles to
benefit both countries, including market-based approaches to
regulation pioneered in the Clean Air Act of 1990 that get the
geeateet environmental protection at the lowest total cost to
each of us.

Furthermore, this agreement will establish a bilateral. Air

Quality Committee to assist in the agreement's implementation,

and will impose several general obligations on the United

States and Canada in addressing transboundary air pollution.

As 4 result of this agreement, the United States and Canada are @
committed to:

° Monitor emiasions and exchange information on. .
economic research, atmospheric modeling, and human
health and ecological effects;

. Aasese actions that may cause significant
transboundary air pollution;

. Notify and consult each other concerning actions
which are likely to cause significant transboundary
air pollution; and

« Take measures, a8 ‘appropriate, to avoid or mitigate
the potential risk posed by actions that are likely
to cause significant transboundary air pollution.

4-3. 'e



- This annex contains specific targets and timetables for emission reductions of the two

- pollutants, as well as provisions. dealing with compliance monitoring and prevention of
significant deterioration/visibility protection. U.S. commitments do not go beyond those found
in the Clean Air Act, as amended.

Sulfur_dioxi

(note: 1 ton = 0.91 tonnes[metric tons])

vai 9
e

0 U.S. commits to reduction of emissions to approximately 10 million tons below 1980
levels by the year 2000 (with exceptions for repowering and bonus allowance
provisions contained in Title IV of the Clean Air Act).

© U.S. establishes a permanent national cap of 8.95 million tons per years for electric
utilities by 2010, to the extent required by the Clean Air Act.

0 U.S. to take action, to the extent required by Section 406 of the Clean Air Act. to limit
industrial SO2 emissions to no more than 5.6 million tons.

o Canada to reduce sulfur dioxide emissions in the seven easternmost Provinces to 2.3
million tonnes by 1994, and to cap emissions at that level in the seven easternmost!
Provinces from 1995 through December 31, 1999.

~
o Canada to adopt permanent national emissions cap of 3.2 million tonnes by 2000.

e 0 U.S., with a view to a reduction of total annual emissions by approximately 2 million
tons below 1980 levels by 2000, will implement stationary and mobile source
requirements of the Clean Air Act (Titles IV and II of the Clean Air Act respectively).

o Canada will implement stationary and mobile source controls to reach a comparable
percentage reduction in emissions.

Compl itoring |

© U.S. will implement section 412 of the Clean Air Act, which will require electrical
utility units to install continuous emission monitors for sulfur dioxide and nitrogen
oxides or alternative systems approved by the EPA Administrator.

o Canada, by January 1, 1995, will adopt a comparably effective program (which may
include continuous emission monitors) for electric utility units.

i" o U.S. will implement those provisions in the Clean Air Act relating to prevention of
significant deterioration and visibility protection.

© Canada will adopt comparably effective programs by 1995 with respect to sources that
could cause significant transboundary air pollution.

Qe



uf
ig,

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 Xvz
Entry into Force, Amendment, Termination

This Agreement, including Annexes 1 and 2, shall enter into
force upon signature by the Parties.

This Agreement may be amended at any time by agreement of
the Parties in writing.

Either Party may terminate this Agreement upon one year's
written notice to the other Party, in which case any annexes
will also terminate.

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,



2. Nitrogen Oxides
A. For the united states:‘ oe

.

With a view to a reduction of total annual emissions of
nitrogen oxides by approximately 2 million tons from 1980
emission levels by 2000: vy

1. 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:

(a} 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 1b/mmBtu
(unless the Administrator of EPA determines that
these rates cannot be achieved using low NOx
burner technology).

(Bb) 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.

Ir 1%

*. Applies only to reductions in emissions in the forty-eight r
contiguous States and the District of Columbia.