# Canada - United States Air Quality Agreement PDF 

### AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA ON AIR QUALITY

The Government of Canada and the Government of the United States of America, hereinafter referred to a s "the Parties", Convinced that transboundary air pollution can caus e significant harm to natural resources of vital environmental, cultural and economic importance, and to human heal th in both countries; Desiring that emissions of air pollutants from sour ces within their countries not result in significant transboundary air pollution; Convinced that transboundary air pollution can effe ctively be reduced through cooperative or coordinat ed action providing for controlling emissions of air pollutants in both countries; Recalling the efforts they have made to control airpollution and the improved air quality that has re sulted from such efforts in both countries; Intending to address air-related issues of a global nature, such as climate changeand stratospheric ozone depletion, in other fora; Reaffirming Principle 21 of the Stockholm Declarati on, 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 ow n resources pursuant to their own environmental policies, and the respon sibility 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 jurisdic tion"; Noting their tradition of environmental cooperationas 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 Ra in, as well as the ECE Convention on Long-Range Transboundary Air Pollution of 1979; Convinced that a healthy environment is essential t o assure the well-being of present and future gener ations in Canada and the United States, as well as of the global com munity; Have agreed as follows: 

### Article I Definitions For the purposes of this Agreement: Air pollution" means the introduction by man , directly or indirectly, of substances into the ai r resulting in deleterious effects of such a nature as to endangerhuman health, harm living resources and ecosystems and material property and impair or interfere with amen ities and other legitimate uses of the environment, and "air pollutants" shall be construed accordingly; 1.

"Transboundary air pollution" means air pollution w hose physical origin is situated wholly or in part with the area under the jurisdiction of one Party and which has a dverse effects, other than effects of a global matu re, in the area under the jurisdiction of the other Party; 2.
"Boundary Waters Treaty" means the Treaty Relating to Boundary Waters and Questions Arising along the Boundary between Canada and the United States, sign ed at Washington on January 11, 1909; 3. "International Joint Commission" means the Internat ional Joint Commission established by the Boundary Waters Treaty. 4.


### 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. 

## International Joint Commission (IJC) More than a century of cooperation protecting share d waters Home Contact Francais 

## Canada - United States Air Quality Agreement http://www.ijc.org/en_/Air_Quality__Agreement

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### Article III General Air Quality Objective The general objective of the Parties is to control transboundary air pollution between the two countri es. 1. To this end, the Parties shall: 2. in accordance with Article IV, establish specific o bjectives for emissions limitations or reductions o f air

pollutants and adopt the necessary programs and oth er measures to implement such specific objectives; 1. in accordance with Article V, undertake environment al impact assessment, prior notification, and, as appropriate, mitigation measures; 2. carry out coordinated or cooperative scientific and technical activities, and economic research, in accordance with Article VI, and exchange informatio n, in accordance with Article VII; 3. establish institutional arrangements, in accordance with Articles VIII and IX; and 4. review and assess progress, consult, address issues of concern, and settle disputes, in accordance wit h Articles X, XI, XII and XIII. 5.


### Article IV Specific Air Quality Objectives Each Party shall establish specific objectives, whi ch it undertakes to achieve, for emissions limitati ons or reductions of such air pollutants as the Parties ag ree to address. Such specific objectives will be se t forth in annexes to this Agreement. 1. Each Party's specific objectives for emissions limi tations or reductions of sulphur dioxide and nitrog en oxides, which will reduce transboundary flows of these acid ic deposition precursors, are set forth in Annex 1. Specific objectives for such other air pollutants as the Par ties agree to address should take into account, as appropriate, the activities undertaken pursuant to Article VI. 2.

Each Party shall adopt the programs and other measu res necessary to implement its specific objectives set forth in any annexes. 3. If either Party has concerns about the programs or other measures of the other Party referred to in pa ragraph 3, it may request consultations in accordance with Art icle XI. 4.


### Article V Assessment, Notification, and Mitigation Each Party shall, as appropriate and as required byits laws, regulations and policies, assess those p roposed 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. 1. Each Party shall notify the other Party concerning a proposed action, activity or project subject to a ssessment under paragraph 1 as early as practicable in advanc e of a decision concerning such action, activity orproject and shall consult with the other Party at its request i n accordance with Article XI. 2. In addition, each Party shall, at the request of th e other Party, consult in accordance with Article X I 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 polic ies that, if carried out, would be likely to affect significantly transboundary air pollution. 3.

Consultations pursuant to paragraphs 2 and 3 concer ning actions, activities or projects that would be likely to cause or may be causing significant transboundary a ir pollution shall include consideration of appropr iate mitigation measures. 4. Each Party shall, as appropriate, take measures to avoid or mitigate the potential risk posed by actio ns, activities or projects that would be likely to cause or may be causing significant transboundary air pollution. 5. If either Party becomes aware of an air pollution p roblem that is of joint concern and requires an imm ediate response, it shall notify and consult the other Par ty forthwith. 6.


### Article VI Scientific and Technical Activities and Economic Re search The Parties shall carry out scientific and technica l activities, and economic research, as set forth i n Annex 2, in order to improve their understanding of transbounda ry air pollution concerns and to increase their cap ability to control such pollution. 1.
In implementing this Article, the Parties may seek the advice of the International Joint Commission re garding the conduct of monitoring activities. 2.


### Article VII Exchange of Information The Parties agree to exchange, on a regular basis a nd through the Air Quality Committee established under Article VIII, information on: 1. monitoring; 1. emissions; 2. technologies, measures and mechanisms for controlli ng emissions; 3. atmospheric processes; and 4. effects of air pollutants, 5. 

## Canada - United States Air Quality Agreement http://www.ijc.org/en_/Air_Quality__Agreement

2 of 14 6/17/2015 2:55 PMas provided in Annex 2. Notwithstanding any other provisions of this Agreem ent, the Air Quality Committee and the Internationa l Joint Commission shall not release, without the consent o f the owner, any information identified to them as proprietary information under the laws of the place where such information has been acquired. 2.



### Article VIII The Air Quality Committee The Parties agree to establish and maintain a bilat eral Air Quality Committee to assist in the impleme ntation 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. 1. The Committee's responsibilities shall include: 2. reviewing progress made in the implementation of th is Agreement, including its general and specific

objectives; 1. 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; 2. referring each progress report to the International joint Commission for action in accordance with Art icle IX of this Agreement; and 3. releasing each progress report to the public after its submission to the Parties. 4. The Committee shall meet at least once a year and a dditionally at the request of either Party. 3. 

### Article IX Responsibilities of the International Joint Commiss ion The International Joint Commission is hereby given, by a Reference pursuant to Article IX of the Bound ary Waters Treaty, the following responsibilities for t he sole purpose of assisting the Parties in the imp lementation of this Agreement: 1.
to invite comments, including through public hearings as appropriate, on each progress report prepared by

the Air Quality Committee pursuant to Article VIII; 1. to submit to the Parties a synthesis of the views p resented pursuant to sub-paragraph (a), as well as the record of such views if either Party so requests; a nd 2. to release the synthesis of views to the public aft er its submission to the Parties. 3. In addition, the Parties shall consider such other joint references to the International Joint Commiss ion as may be appropriate for the effective implementation of thi s Agreement. 2.


### Article X Review and Assessment Following the receipt of each progress report submi tted to them by the Air Quality Committee in accord ance with Article VIII and the views presented to the International Joint Commission on that report in accordanc e with Article IX, the Parties shall consult on the contents of the progress report, including any recommendations therein. 1.

The Parties shall conduct a comprehensive review an d assessment of this Agreement, and its implementat ion, during the fifth year after its entry into force an d every five years thereafter, unless otherwise agr eed. 2. Following the consultations referred to in paragrap h 1, as well as the review and assessment referred to in paragraph 2, the Parties shall consider such actionas may be appropriate, including: 3. the modification of this Agreement; 1. the modification of existing policies, programs or measures. 2. 

### Article XI Consultations The Parties shall consult, at the request of eitherParty, on any matter within the scope of this Agre ement. 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 A rticle 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 woul d be likely to cause significant transboundary air pollution, the Partie s shall refer the matter to an appropriate third pa rty in accordance with agreed terms of reference. 

### Article XIII 

## Canada - United States Air Quality Agreement http://www.ijc.org/en_/Air_Quality__Agreement

3 of 14 6/17/2015 2:55 PMSettlement of Disputes 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 betwe en them. Such negotiations shall commence as soon as practic able, but in any event not later than ninety days f rom the date of receipt of the request for negotiation, unl ess otherwise agreed by the Parties. 1.

If a dispute is not resolved through negotiation, t he Parties shall consider whether to submit that di spute to the International Joint Commission in accordance with e ither Article IX or Article X of the Boundary Water s 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 disput e resolution. 2.



### Article XIV Implementation The obligations undertaken under this Agreement sha ll be subject to the availability of appropriated f unds in accordance with the respective constitutional proce dures of the Parties. 1. The Parties shall seek: 2. the appropriation of funds required to implement th is Agreement; 1. the enactment of any additional legislation that may be necessary to implement this Agreement; 2. the cooperation of Provincial and State Governments as necessary to implement this Agreement. 3. In implementing this Agreement, the Parties shall, as appropriate, consult with Provincial or State Go vernments, interested organizations, and the public. 3.


### Article XV Existing Rights and Obligations Nothing in this Agreement shall be deemed to dimini sh the rights and obligations of the Parties in oth er 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 This Agreement, including Annexes 1 and 2, shall enter into force upon signature by the Parties. 1. This Agreement may be amended at any time by agreem ent of the Parties in writing. 2. Either Party may terminate this Agreement upon one year's written notice to the other Party, in which case any annexes will also terminate. 3. Annexes constitute an integral part of this Agreeme nt, except that, if an annex so provides, either Pa rty may terminate such annex in accordance with the terms o f that annex. 4.


## ANNEX 1 SPECIFIC OBJECTIVES CONCERNING SULPHUR DIOXIDE AND NITROGEN OXIDES 1. Sulphur Dioxide For the United States: 1. Reduction of annual sulphur dioxide emissions by ap proximately 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 withsection 409 of the Clean Air Act, and sources rece iving bonus allowances in accordance with section 405(a)( 2) and (3) of the Clean Air Act.). 1.

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. 2. Promulgation of new or revised standards or such ot her 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 Amendm ents of 1990 (P.L. 101-549), aimed at limiting sulp hur dioxide emissions from industrial sources in the ev ent that the Administrator of EPA determines that a nnual sulphur dioxide emissions from industrial sources m ay reasonably be expected to exceed 5.6 million ton s. 3.

For Canada: 2. Reduction of sulphur dioxide emissions in the seveneasternmost Provinces to 2.3 million tonnes per ye ar

by 1994 and the achievement of a cap on sulphur dio xide emissions in the seven easternmost Provinces at 2.3 million tonnes per year from 1995 through Decem ber 31, 1999. 1. Achievement of a permanent national emissions cap o f 3.2 million tonnes per year by 2000. 2. 2. Nitrogen Oxides For the United States. 1. With a view to a reduction of total annual emission s of nitrogen oxides by approximately 2 million ton s from 1980 

## Canada - United States Air Quality Agreement http://www.ijc.org/en_/Air_Quality__Agreement

4 of 14 6/17/2015 2:55 PMemission levels by 2000: Stationary Sources 1. Implementation of the following nitrogen oxides control program for electric utility boilers to the ex tent required by Title IV of the Clean Air Act:

By January 1, 1995, tangentially fired boilers must meet an allowable emission rate of 0.45 lb/mmBtu a nd dry bottom wall-fired boilers must meet an allowabl e emission rate of 0.50 lb/mmBtu (unless the Administrator of EPA determines that these rates ca nnot be achieved using NO x burner technology). 1.
By January 1, 1997, EPA must set allowable emissionlimitations for: 2. wet bottom wall-fired boilers;

cyclones; units applying cell burner technology; and all other types of utility boilers. Mobile Sources 1. Implementation of the following mobile source nitro gen oxides control program to the extent required by Title II of the Clean Air Act: Light Duty Trucks (LDT) (up to 6000 lbs gross vehic le weight rating (GVWR)) and Light Duty

Vehicle (LDV) - standards for model years after 199 3: 1.
5 yrs/50,000 miles

(useful life) 10 yrs/100,000 miles

LDTs (0 to 3750 lbs Loaded Vehicle Weight LVW) and LDVs 0.4 grams per mile

(gpm) 0.6 gpm

Diesel LDTs (0 to 3750 lbs LVW) and LDVs (before 2004) 1.0 gpm 1.25 gpm

LDTs (3751 to 5750 lbs LVW) 0.7 gpm 0.97 gpm
In model year 1994, 40% of each manufacturer's sale s volume must meet the above standards. In 1995, th e percentage shall increase to 80% and, after 1995, t o 100%. 1.
Light Duty Trucks more than 6000 lbs GVWR (after mo del year 1995):

3. Gasoline 5 yrs/50,000 miles Gasoline and Diesel

11 yrs/120,000 miles LDTs (3751 to 5750 lbs Test Weight (TW)) 0.7 gpm 0.98 gpm

LDTs (over 5750 lbs TW) 1.1 gpm 1.53 gpm
In model year 1996, 50% of each manufacturer's sale s volume must meet the above standards. Thereafter, 100% of each manufacturer's sales volume must meet the standard. 1.
Heavy Duty Trucks (HDT) of more than 8500 lbs GVWR (after model year 1990):

5. Gasoline & Diesel Engines HDT (Effective model year 1991) 5.0 grams per brake

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

6. Useful life 

## Canada - United States Air Quality Agreement http://www.ijc.org/en_/Air_Quality__Agreement

5 of 14 6/17/2015 2:55 PMUseful life Gasoline Engine 8 yrs/110,000 miles Diesel Engines Light heavy-duty: Medium heavy-duty: Heavy heavy-duty: 8 yrs/110,000 miles

8 yrs/185,000 miles 8 yrs/290,000 miles For Canada: 2. Stationary Sources 1. As an interim requirement, reduction, by 2000, of a nnual national emissions of nitrogen oxides from

stationary sources by 100,000 tonnes below the year2000 forecast level of 970,000 tonnes. 1. By January 1, 1995, development of further annual n ational emission reduction requirements from stationary sources to be achieved by 2000 and/or 20 05. 2.

Mobile Sources 2. Implementation of a more stringent mobile source ni trogen oxides control program for gasoline

powered vehicles with standards no less stringent t han the following: 1.
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
Light Duty Trucks (3751 to 5750 lbs LVW) 0.7 gpm

2. Medium Duty Vehicles (6001 to 8500 lbs GVWR)

(By model year 1997): 5 yrs/80,000 kilometers (useful life) 0 to 3750 lbs LVW 0.4 gpm 3751 to 5750 lbs LVW 0.7 gpm Over 5750 lbs LVW 1.1 gpm

3. Heavy Duty Vehicles (over 8500 lbs GVWR)

(By model year 1998): 8 yrs/110,000 miles (useful life) Over 8500 lbs GVWR4.0 gbhp-hr

Implementation of a more stringent mobile source ni trogen 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 vehicle s and engines. 4.

3. Compliance Monitoring Utility Units 1. For the United States: 1. Requirement that, by January 1, 1995, each new elec tric utility unit and each electric utility unit gr eater 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 cont inuous emission monitoring systems or alternative s ystems approved by the Administrator of EPA, to the extent required by section 412 of the Clean Air Act. For Canada: 1. 

## Canada - United States Air Quality Agreement http://www.ijc.org/en_/Air_Quality__Agreement

6 of 14 6/17/2015 2:55 PMRequirement that, by January 1, 1995, Canada estimate sulphur dioxide and nitrogen oxides emissions fr om each new electric utility unit and each existing electric ut ility unit great that 25 MWe using a method of comp arable effectiveness to continuous emission monitoring, as well as investig ate the feasibility of using and implement, where a ppropriate, continuous emission monitoring systems. For Both Parties: 1. The Parties shall consult, as appropriate, concerni ng the implementation of the above. Other Major Stationary Sources 1. Requirement that the Parties work towards utilizing comparably effective methods of emission estimatio n for sulphur dioxide and nitrogen oxides emissions from all majo r industrial boilers and process sources, including smelters. 4. Prevention of Air Quality Deterioration and Visi bility Protection Recognizing the importance of preventing significant air quality deterioration and protecting visibili ty, particularly for international parks, national, state, and provincia l parks, and designated wilderness areas: A. For the United States: Requirement that the United States maintain means f or preventing significant air quality deteriorationand protecting visibility, to the extent required by Part C of Tit le 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, develo p and implement means affording levels of preventio n of significant air quality deterioration and protectio n 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, concerni ng the implementation of the above. 

## ANNEX 2 SCIENTIFIC AND TECHNICAL ACTIVITIES AND ECONOMIC RE SEARCH For the purpose of determining and reporting on airpollutant concentrations and deposition, the Parti es agree to coordinate their air pollutant monitoring activitie s through: 1. coordination of existing networks; 1. additions to monitoring tasks of existing networks of those air pollutants that the Parties agree shou ld be monitored for the purposes of this Agreement; 2. addition of stations or networks where no existing monitoring facility can perform a necessary functio n for purposes of this Agreement; 3. the use of compatible data management procedures, f ormats, and methods; and 4. the exchange of monitoring data. 5. For the purpose of determining and reporting air em issions levels, historical trends, and projections with respect to the achievement of the general and specific obje ctives set forth in this Agreement, the Parties agr ee to coordinate their activities through: 2.

identification of such air emissions information th at the Parties agree should be exchanged for the

purposes of this Agreement; 1. the use of measurement and estimation procedures of comparable effectiveness; 2. the use of compatible data management procedures, f ormats, and methods; and 3. the exchange of air emission information. 4. The Parties agree to cooperate and exchange information with respect to: 3. their monitoring of the effects of changes in air p ollutant concentrations and deposition with respect to

changes in various effects categories, e.g. aquaticecosystems, visibility, and forests; 1. their determination of any effects of atmospheric p ollution on human health and ecosystems, e.g. resea rch on health effects of acid aerosols, research on the long-term effects of low concentrations of air pol lutants on ecosystems, possibly in a critical loads framewo rk; 2. their development and refinement of atmospheric mod els for purposes of determining source receptor relationships and transboundary transport and depos ition of air pollutants; 3. their development and demonstration of technologiesand measures for controlling emissions of air pollutants, in particular acidic deposition precurs ors, subject to their respective laws, regulations and policies; 4. their analysis of market-based mechanisms, including emissions trading; and 5. any other scientific and technical activities or ec onomic research that the Parties may agree upon for purposes of supporting the general and specific obj ectives of this Agreement. 6.
The Parties further agree to consult on approaches to, and share information and results of research o n, 4. 

## Canada - United States Air Quality Agreement http://www.ijc.org/en_/Air_Quality__Agreement

7 of 14 6/17/2015 2:55 PMmethods to mitigate the impacts of acidic depositio n, including the environmental effects and economicaspects of such methods.


## ANNEX 3 - Ozone Annex (2000) Amending The "Agreement between the government of C anada and the government of the United Sates of America on Air Quality" THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, hereinafter referred to as "the Parties", RECALLING the Agreement between the Government of C anada and the Government of the United States of Am erica on Air Quality done at Ottawa March 13, 1991, herei nafter referred to as "the Agreement"; RECOGNIZING that cooperative and coordinated actionthrough the Agreement provides an effective means of addressing transboundary air pollution; INTENDING to reduce the transboundary flow of tropo spheric ozone and precursor emissions (NOx and VOC) , thereby helping both countries attain their respective air quality goals; RECOGNIZING that tropospheric ozone and its precurs ors (NOx and VOC) originating in Canada and the Uni ted States are transported across their international border, thereby affecting the ability of downwind areas in each country to attain their air quality goals; CONCERNED about the serious adverse effects to huma n health and the environment from these pollutants; RECOGNIZING the need to take new scientific evidenc e into account; and ACKNOWLEDGING the importance of public awareness, i nformation, education and involvement; HAVE AGREED as follows: 

### ARTICLE I A new Annex 3, titled "Specific Objectives Concerni ng Ground-Level Ozone Precursors" and attached as a n appendix to this Protocol, shall be added to the Agreement. 

### ARTICLE II Paragraph 2 of Article IV of the Agreement shall be deleted and replaced with the following: "2. Each Party's specific objectives for emissions limitations or reductions are set forth in annexes to this Agreement as follows: Specific objectives for sulphur dioxide and nitroge n oxides, which will reduce transboundary flows of these acidic deposition precursors, are set forth in Annex 1. 1. Specific objectives for volatile organic compounds and nitrogen oxides, which will reduce transboundar y flows of tropospheric ozone and these precursors, thereby he lping both countries attain their respective air qu ality goals over time, are set forth in Annex 3. 2.

Specific objectives for such other air pollutants a s the Parties agree to address should take into acc ount, as appropriate, the activities undertaken pursuant to Article VI." 

### ARTICLE III Article VII of the Agreement shall be amended by ad ding a new paragraph 2 as follows: "2. The Parties agree to provide, subject to their respective laws and regul ations, public access to the databases containing t he emissions and monitoring data reported or shared under this Agreement." 1. Paragraph 2 of Article VII of the Agreement shall b e renumbered paragraph 3. 2. 

### ARTICLE IV Paragraph 3 of Annex 2 of the Agreement shall be am ended as follows: Subparagraph (e) shall be deleted and replaced withthe following: "(e) their analysis of and experience with market-b ased mechanisms, including emissions trading. Speci fically, through the Air Quality Committee established underArticle VII of the Agreement, the Parties shall exchange information, within 12 months of entry into force o f the Protocol amending this Agreement and as may b e agreed upon thereafter, about the structure, components, p ublic information and disclosure requirements (incl uding 1. 

## Canada - United States Air Quality Agreement http://www.ijc.org/en_/Air_Quality__Agreement

8 of 14 6/17/2015 2:55 PMverification), environmental impacts, and administr ation of their respective NOx and SO2 emissions tra ding programs including emissions monitoring, reporting and tracking of transfers of authority to emit;" Subparagraph (f) shall be amended by deleting the p eriod and replacing it with "; and". 2. A new subparagraph (g) shall be added as follows: "(g) public engagement and outreach activities." 3.



### ARTICLE V Annex 2 of the Agreement shall be amended by adding a new paragraph 5 as follows: "5. The Parties further agree, subject to their res pective laws and regulations, to consult and share respective information on data, tools and methodologies and develop joint analyses on ground-level ozone and its precursors, including: research and applications that contribute to tracki ng of human health and environmental responses to c ontrols; 1. facility-specific emissions data, quantification me thods, and related information required for modelin g and regulatory policy development, assumptions and mode ls used to estimate emissions from other sources, a nd air quality data for all relevant monitors; 2. evaluation of transboundary transport, using method s such as, inter alia, monitoring and meteorologica l data analyses, and modeling; 3. evaluation of adequacy of monitoring networks; 4. review of new technologies; and 5. analysis of options for reductions from significant emitting source categories such as transportation, manufacturing and electricity where there may be op portunities to achieve further cost-effective emiss ion reductions through various means, for example, ener gy efficiency, renewable energy, cleaner fuels, and alternative technologies and approaches." 6.



### ARTICLE VI Pursuant to Article XVI of the Agreement, this Prot ocol shall enter into force upon signature by the P arties. IN WITNESS WHEREOF the undersigned, being duly auth orized by their respective Governments, have signed this Protocol. DONE in duplicate at , this day of 2000, in the Eng lish and French languages, each version being equal ly authentic. [signature] FOR THE GOVERNMENT OF CANADA [signature] FOR THE GOVERNMENT OF THE UNITED STATESOF AMERICA


## APPENDIX TO THE PROTOCOL SPECIFIC OBJECTIVES CONCERNING GROUND-LEVEL OZONE P RECURSORS PART I -- PURPOSE The objective of the annex is to control and reduce , in accordance with the provisions herein, the anthropogenic emissions of nitrogen oxides (NOx) and volatile org anic compounds (VOC) that are precursors to the for mation of ground-level ozone and that contribute to transboun dary air pollution, thereby helping both countries attain their respective air quality goals over time to protect h uman health and the environment. The Parties' goal is that in the long term and in a stepwise approach, taking into account advances in scientific knowledge, atmospheric con centrations not exceed: For Canada, the Canada Wide Standard (CWS) for Ozon e; and 1. For the United States, the National Ambient Air Qua lity Standards for Ozone. 2. 

### PART II -- POLLUTANT EMISSION MANAGEMENT AREA Each Party hereby designates a Pollution Emission M anagement Area (PEMA), to which obligations in this Annex shall apply in accordance with the provisions herein. For Canada, the area of 301,330km 2that covers all of the Canadian territory south of about the 48th parallel beginning east of Lake Superior to the Ottawa River , and south of the corridor that extends from the O utaouais Region east to Quebec City, as definitively designated on the map at Appendix 1 to this Annex. 1. For the United States, the area comprising the stat es of Connecticut, Delaware, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hamps hire, New York, New Jersey, Ohio, Pennsylvania, Rho de Island, Vermont, West Virginia, and Wisconsin, and the District of Columbia, as indicated on the illus trative map at Appendix 2 to this Annex. 2.



### PART III -- SPECIFIC OBLIGATIONS 

## Canada - United States Air Quality Agreement http://www.ijc.org/en_/Air_Quality__Agreement

9 of 14 6/17/2015 2:55 PMA. For Canada: With respect to mobile sources of NOx and VOC emiss ions, Canada shall control and reduce its emissionsof NOx and VOC in accordance with the following obligations: 1. Continue the application of the following emission control measures: 1. Emission standards for new light-duty vehicles, lig ht-duty trucks, heavyduty vehicles, heavy-duty

engines and motorcycles: Motor Vehicle Safety Act ( and successor legislation), Schedule V of the Motor Vehicle Safety Regulations: Vehicle Emissions (Standard 1100), SOR/97-376, (28 July, 1997). 1.

The Recreational Marine Engine Memorandum of Unders tanding between Environment Canada and manufacturers of spark-ignited marine engines to su pply the Canadian market with engines designed to comply with U.S. federal spark-ignited marine engine emissions standards starting with the 2001 model year. This is an interim measure that will be overtaken and replaced by the regulation referred to in subparagraph (b)(iv) belo w. 2.

The Handheld Spark-Ignition Engine Memorandum of Un derstanding between Environment Canada and manufacturers of handheld sparkignited utility engines to supply engines to the Canadian market that are designed to comply with U.S. federa l emissions standards for sparkignited handheld utility engines starting January 1, 2000. This is an interim measure that will be overtaken and replaced by the regulation referred to in subpa ragraph (b)(iv) below. 3.

The Nonhandheld Nonroad Engine Memorandum of Unders tanding between Environment Canada and manufacturers of Class I and II nonhandheld spa rk-ignited utility engines to supply engines to the Canadian market that are designed to comply wit h U.S. federal emissions standards for new class I and class II nonhandheld nonroad sparkignit ion engines starting January 1, 2001. This is an interim measure that will be overtaken and replaced by the regulation referred to in subparagraph (b)(iv) below. 4.

The Non-Road Diesel Memorandum of Understanding bet ween Environment Canada and manufacturers of compression ignition (C.I.) non-road engines to supply engines designed to comply with U.S. federal emissions standards to the Canadian market starting with the 2000 model year. This is an interim measure that will be overt aken and replaced by the regulation referred to in subparagraph (b)(iv) below. 5.

Canadian Environmental Protection Act, Diesel Fuel Regulations, SOR/97-110 (4 February, 1997). 6. Canadian Environmental Protection Act, Benzene in G asoline Regulations, SOR/97-493 (6 November, 1997). 7. Canadian Environmental Protection Act, Sulphur in G asoline Regulations, SOR/99-236 (4 June, 1999). 8. Canadian Environmental Protection Act, Gasoline and Gasoline Blend Dispensing Flow Rate Regulations, SOR/2000-43 (1 February, 2000). 9.
Develop and implement the following new emission co ntrol measures: 2. Proceed with consultations with the objective of de veloping and implementing a Memorandum of

Understanding between Environment Canada and manufa cturers and importers of on-road vehicles to ensure that low-emission vehicles will be market ed and sold in Canada in the 2001-2003 model years, in alignment with the voluntary U.S. Nationa l Low Emission Vehicle (NLEV) program. 1.

Emission regulations under the Canadian Environment al Protection Act 1999 for new on-road vehicles and engines to align with future U.S. nati onal standards beginning with the 2004 model year, including the U.S. Tier 2 program for new lig ht-duty vehicles, light-duty trucks and medium-duty passenger vehicles and Phase 1 and Phas e 2 programs for new heavy-duty vehicles and engines. The final standards and effective date s are subject to the procedures and outcome of the regulatory development process. 2.

A regulation under the Canadian Environmental Prote ction Act 1999 to reduce the allowable level of sulphur in on-road diesel fuel to align with future U.S. standards. The final standards and effective dates are subject to the procedures and outcome of the regulatory development process. 3. Emission regulations under the Canadian Environment al Protection Act 1999 for new non-road engines aligned with the U.S. federal emissions pro gram. The final scope of the standards and effective dates are subject to the procedures and o utcome of the regulatory development process. 4.

With respect to stationary sources of NOx emissions , Canada shall control and reduce its emissions in accordance with the following obligations: 2. By 2007, cap the annual total emissions of NOx (as NO2) from fossil fuel-fired power plants with a

capacity greater than 25 megawatts within the PEMA at 39 kilotonnes for the Ontario portion of the PEM A and 5 kilotonnes for the Quebec portion of the PEMA

. 1. Proposed national Guideline under s.54 of the Canad ian Environmental Protection Act, 1999, respecting Renewable Low-Impact Electricity. 2.
With respect to sources of emissions of VOC, Canadashall control and reduce its emissions in accordan ce with the following obligations: 3. 1. Canadian Environmental Protection Act 1999, Propose d national Regulation on Tetrachloroethylene

and other toxic substances used in dry cleaning. 1. Canadian Environmental Protection Act 1999, Propose d national Regulation on degreasing from commercial and industrial degreasing facilities. 2.
Limit values for controlling emissions of VOC from new stationary sources in the following stationary source categories will be determined on the basis o f available information on control technology and levels, including limit values applied in other cou ntries, and the following documents: 2. Canadian Council of Ministers of Environment (CCME) . Environmental Guideline for the Control of

Volatile Organic Compounds Process Emissions from N ew Organic Chemical Operations. September 1993. PN1108; 1. 

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10 of 14 6/17/2015 2:55 PMCCME. Environmental Code of Practice for the Measur ement and Control of Fugitive VOC Emissions from Equipment Leaks. October 1993. PN110 6; 2. CCME. A Program to Reduce Volatile Organic Compound Emissions by 40 Percent from Adhesives and Sealants. March 1994. PN1116; 3. CCME. A Plan to Reduce Volatile Organic Compound Em issions by 20 Percent from Consumer Surface Coatings. March 1994. PN1114; 4. CCME. Environmental Guidelines for Controlling Emis sions of Volatile Organic Compounds from Aboveground Storage Tanks. June 1995. PN1180; 5. CCME. New Source Performance Standards and Guidelin es for the Reduction of Volatile Organic Compound Emissions from Canadian Automotive Origina l Equipment Manufacturer (OEM) Coating Facilities. August 1995. PN1234; 6.

CCME. Environmental Guideline for the Reduction of Volatile Organic Compound Emissions from the Plastics Processing Industry. July 1997. PN1276 ; and 7. CCME. National Standards for the Volatile Organic C ompound Content of Canadian Commercial/Industrial Surface Coating Products - Automotive Refinishing. August 1997. PN1288. 8.
In order to attain the CWS for Ozone in the PEMA by2010, Canada shall undertake by 2005, and implement between 2005 and 2010, measures based on a comprehe nsive, national multi-pollutant emission reduction approach as agreed by Canadian Ministers of Environ ment, consistent with the overall program for achieving the CWS for Ozone, for the following sectors: pulp and paper, lumber and allied wood products, electric po wer, iron and steel, base metal smelting and concrete batch m ix and asphalt mix plants. These measures shall add ress, inter alia, NOx emissions from new, modified and existing industrial and commercial boilers. In additi on, measures shall be developed to reduce VOC emissions from sol vents, paints and consumer products using a mix of instruments such as eco-labelling criteria and publ ic education programs pertaining to VOC in consumerproducts, environmental performance standards for key product s (e.g. surface coating of wood products, automotive parts, metal products) and for other significant solvent s ources. 4.

In addition, in the Quebec portion of the PEMA, the following shall be implemented: 5. Proposed amendments to Le Réglement sur la qualité de l'atmosphère du Québec ("Québec's Regulation

respecting the Quality of the Atmosphere") to reduc e NOx emissions from new and modified industrial an d commercial boilers. 1. Proposed amendments to Le Réglement sur la qualité de l'atmosphère du Québec ("Québec's Regulation respecting the Quality of the Atmosphere") to reduc e VOC emissions from surface coatings, commercial printing, dry cleaning and aboveground storage tank s. 2. Implementation of the Agreement on Environmental Ma nagement between the Government of Québec and petroleum refineries and major petrochemical plants to control and reduce VOC emission from their operations. 3. Implementation of the existing Réglement sur les pr oduits pétroliers du Québec ("Québec's Regulation o n Petroleum Products") concerning gasoline volatility

. 4. Proposed amendments to Le Réglement sur les produit s pétroliers du Québec ("Québec's Regulation on Petroleum Products") to reduce VOC emissions from g asoline distribution networks. 5.
In addition, in the Ontario portion of the PEMA, th e following shall be implemented: 6. The Ontario Drive Clean program (Ontario Environmental Protection Act Regulation 361/98) as amended

by Ontario Regulation 401/98, as amended by Ontario Regulation 86/99 and as amended by Ontario Regulation 438/99. 1. Regulation (Ontario Environmental Protection Act Re gulation 455/94) of Stage I vapour recovery. 2. Regulation (Ontario Environmental Protection Act Re gulation 271/91 as amended by Ontario Environmental Protection Act Regulation 45/97) of volatility of gasoline at 9 psi during the summer mo nths in southern Ontario and 10.5 psi in northern Ontari o. 3. Regulation (Ontario Environmental Protection Act Re gulation 323/94) requiring environmental training f or dry cleaners. 4. Implementation of the CCME guideline for new and mo dified combustion turbines. 5. Implementation of the CCME guideline for new commer cial/industrial boilers and heaters. 6. Regulation (Ontario Environmental Protection Act Re gulation 227/00) to be applied to the electricity s ector requiring annual monitoring and reporting of 28 pol lutants of concern with a commitment to extend the monitoring and reporting requirement to other indus try sectors. 7.

B. For the United States: Specific NOx Reduction Commitments 1. The United States shall require States that are loc ated in the PEMA and that are subject to EPA's NOx

regulation (referred to as the "NOx SIP Call") to i mplement that regulation in accordance with 40 Code of Federal Regulations (CFR) sections 51.121 and 51.12 2 including any modifications as a result of any co urt decision. The NOx SIP Call requires States to ensur e that seasonal NOx emissions do not exceed specified levels ("budgets"). 1.

The United States shall implement a motor vehicle c ontrol program in the PEMA that meets the requirements of 40 CFR Part 80, Subpart D (reformul ated gasoline), 40 CFR Part 86 (control of emission s from new and in-use highway vehicles and engines); and 40 CFR Part 80, section 80.29 (controls and prohibitions on diesel fuel quality). 2.

The United States shall implement standards for non -road engines in the PEMA as provided for in 40 CFR Part 87 (aircraft), Part 89 (compression-ignition e ngines), Part 90 (spark-ignition engines), Part 92 (locomotives), and Part 94 (marine engines). 3.

Specific VOC Reduction Commitments 2. The United States shall implement controls in the P EMA that reduce VOC emissions as required by 40

CFR Part 59, Subpart B (automobile repair coatings) , Subpart C (consumer and commercial products), and Subpart D (architectural coatings). 1. The United States shall implement controls on hazar dous air pollutants in the PEMA that also reduce VO C 2. 

## Canada - United States Air Quality Agreement http://www.ijc.org/en_/Air_Quality__Agreement

11 of 14 6/17/2015 2:55 PMemissions as required by 40 CFR Part 63. This includes the following Subparts: Subpart M (dry cleaning); Subparts F, G, H, and I (Hazardous Organic NESHAP); Subpart GG (aerospace industry); Subpart N (chromium electroplating); Subpart L (coke ovens: charging, top side & door le ads); Subpart O (commercial sterilizers); Subpart T (degreasing organic cleaners); Subpart R (gasoline distribution (Stage 1)); Subpart Q (industrial cooling towers); Subpart EE (magnetic tape); Subpart Y (marine vessel loading operations); Subpart DD (off-site waste and recovery operations) ; Subpart CC (petroleum refineries); Subpart U (polymers and resins I); Subpart W (polymers and resins II); Subpart JJJ (polymers and resins III); Subpart KK (printing/publishing); Subpart X (secondary lead smelters); Subpart II (shipbuilding and ship repair); Subpart JJ (wood furniture); Subpart XXX (ferralloys production); Subpart III (flexible polyurethane foam production) ; Subpart YY (generic MACT); Subpart DDD (mineral wool production); Subpart HH (oil and natural gas transmission and pr oduction); Subpart MMM (pesticide active ingredient production ); Subpart GGG (pharmaceuticals production); Subpart AA/BB (phosphoric acid/phosphate fertilizer s); Subpart PPP (polyether polyols productions); Subpart OOO (polymers and resins III: amino/phenol resins); Subpart LLL (portland cement manufacturing); Subpart LL (primary aluminum production); Subpart TTT (primary lead smelting); Subpart VVV (publicly owned treatment works); Subpart S (pulp and paper (Non-combust) MACT I); Subpart S (pulp and paper cluster rule MACT III); Subpart RRR (secondary aluminum); Subpart CCC (steel pickling); Subpart F (tetrahydrobenzaldehyde manufacture); and Subpart NNN (wool fiberglass manufacturing). The United States shall implement controls in the P EMA on motor vehicles and nonroad engines as described above in Part III.B (1) above. 3.
New Source Standards The United States shall requir e major new VOC and NOx sources in the PEMA to meet New Source Performance Standards as required by 40 CFR Part 60. This includes the following Subparts: Subpart D (fossil fuel fired steam generators); Subpart Da (electric utility steam generating units ); Subpart Db (industrial/commercial/institutional ste am generating units); Subpart Dc (small industrial-commercial-institution al steam generating units); Subpart E (incinerators); Subpart Ea (municipal waste combustors); Subpart Eb (large municipal waste combustors); Subpart Ec (hospital/medical/infectious waste incin erators); Subpart G (nitric acid); Subpart K (storage vessels for petroleum liquids); Subpart Ka (storage vessels for petroleum liquids); Subpart Kb (volatile organic liquid storage vessels ); Subpart EE (surface coating of metal furniture); Subpart GG (stationary gas turbines); Subpart MM (automobile or light-duty truck assemblyplants); Subpart QQ (graphic arts industry: publication roto gravure printing); Subpart RR (pressure sensitive tape and label surface coating operations); Subpart SS (industrial surface coating of large app liances); Subpart TT (metal coil surface coatings); Subpart VV (synthetic organic chemical manufacturing industry (SOCMI)); Subpart WW (municipal solid waste landfill); Subpart XX (bulk gasoline terminals); Subpart BBB (passenger and light duty truck tire ma nufacturing); Subpart DDD (polymer manufacturing industry); 3. 

## Canada - United States Air Quality Agreement http://www.ijc.org/en_/Air_Quality__Agreement

12 of 14 6/17/2015 2:55 PMSubpart FFF (rotogravure printing of flexible vinyl or urethane products); Subpart GGG (petroleum refinery leaking equipment); Subpart HHH (synthetic fiber production facilities) ; Subpart JJJ (petroleum dry cleaners); Subpart KKK (onshore natural gas processing plant l eaking equipment); Subpart NNN (SOCMI distillation operations); Subpart QQQ (individual drain systems; Subpart RRR (SOCMI reactor processes); Subpart SSS (magnetic tape manufacturing); Subpart TTT (surface coating of plastic parts for b usiness machines); Subpart VVV (polymeric coating of supporting substr ates); and Subpart WWW (municipal solid waste landfills). C. For both Parties: Taking into account the purpose of this Annex, the Parties agree that the regulations, guidelines and caps referenced in all of the commitments in Part III above are subject to modification from time to time as a result of domestic legal processes that may take place. 

### PART IV -- ANTICIPATED ADDITIONAL CONTROL MEASURES AND INDICATIVE REDUCTIONS In addition to the obligations set forth in Part II I above, each Party currently implements or anticip ates implementing additional measures that are expected to contribute to overall reductions of NOx and VOC emissions. Fo r illustrative purposes only, additional control measures currentl y in place and anticipated additional control measu res are set forth below, as are predicted overall emission reduction rates. A. For Canada: National Reductions In order to achieve, by 2010, the CWS for Ozone (65ppb 8-hour average 4th highest averaged over 3 yea rs), Canada intends to develop and implement further red uctions of emissions of NOx and VOC. 1.
Area-Specific Reductions In Ontario, a 45% reduction of NOx and VOC emission s from 1990 levels is expected to be required to me et the CWS for Ozone, assuming comparable reductions in th e U.S. PEMA. In the Ontario portion of the PEMA, measures to reduce VOC emissions from small to medi um sized solvent users will be developed. In the Qu ébec portion of the PEMA, measures to reduce NOx and VOCemissions from existing light and heavyduty vehicl es will be considered. 2.

Quantitative Estimates The emission reduction obligations identified in Pa rt III.A above are estimated to reduce annual NOx e missions in the PEMA from 1990 levels by 39% by 2007 and 44% by2010 and annual VOC emissions in the PEMA from 1990 levels by 18% in 2007 and 20% in 2010. Once al l the measures identified in Part III.A are impleme nted, in conjunction with the anticipated national and area- specific reductions identified above, it is expecte d that emissions reductions will be greater than currentlyestimated. 3.

B. For the United States: National Reductions The United States has developed or intends to devel op and implement standards to further reduce emissi ons of NOx and VOC, including: 1.
Tier 2 vehicle and fuel sulphur standards 1. Tier 3 standards for nonroad compression ignition e ngines 2. Heavy-duty engine standards 3. Recreational vehicle standards 4. Area-Specific Reductions The United States has implemented and intends to co ntinue to implement NOx and VOC control measures in specific areas as required by applicable provisionsof the Clean Air Act. The area specific measures i nclude: NOx and VOC reasonably available control technology, ma rine vessel loading, treatment storage and disposal facilities, municipal solid waste landfills, onboar d refuelling, residential wood combustion, vehicle inspection/maintenance, and reformulated gasoline. In addition to these measures, under Clean Air Act mandates, U.S. states have already adopted or will be required to adopt additional measures for partic ular areas in the PEMA in order to meet the applicable Nationa l Ambient Air Quality Standards for Ozone. 2.

Quantitative Estimates The emission reduction obligations identified in Pa rt III.B above, in conjunction with the anticipated national and area-specific reductions identified above, are esti mated to reduce annual NOx emissions in the PEMA fr om 1990 levels by 27% by 2007 and 36% by 2010 and annual VO C emissions in the PEMA from 1990 levels by 35% in 2007 and 38% in 2010. 1 Further, the emission reduction obligations identi fied in Part III.B above in conjunction with the anticipated national and area-specific red uctions identified above, are estimated to reduce o zone season NOx emissions in the PEMA from 1990 levels by 35% b y 2007 and 43% by 2010 and ozone season VOC emissions in the PEMA from 1990 levels by 39% in 20 07 and 36% in 2010. 3.

1 The assumptions used in calculating the indicative reductions are detailed in "Procedures for Developing Base Year and Future Year Mass Modeling Inventories for the T ier 2 Final Rulemaking" (EPA420-R-99-034, September 1999). 

## Canada - United States Air Quality Agreement http://www.ijc.org/en_/Air_Quality__Agreement

13 of 14 6/17/2015 2:55 PM© International Joint Commission 2015 C. For Both Parties: Each Party shall update its quantitative estimates referred to above, by 2004 and from time to time th ereafter, and shall make such estimates available to the other Party an d to the public. 

### PART V --REPORTING A. Beginning in 2004, as part of the biennial progr ess reports under Article VIII.2 of the Agreement, the Parties agree to provide information on all anthropogenic NOx and al l anthropogenic and biogenic VOC emissions within t he PEMA specified in Part II above. This information shall be fr 

## Canada - United States Air Quality Agreement http://www.ijc.org/en_/Air_Quality__Agreement

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