Clean Air Standards Attainment Act of 1987

Clean Air Standards Attainment Act of 1987 - Title I: Requirement for Nonattainment Areas - Amends the Clean Air Act to authorize States to submit a revised implementation plan for nonattainment areas unable to attain the national primary ambient air quality standard for photochemical oxidants (ozone) and/or carbon monoxide, requiring compliance no later than the end of 1992. Requires such revised plan to include: (1) a vehicle emission control inspection and maintenance program; (2) gasoline vapor recovery of hydrocarbon emissions in certain ozone nonattainment areas; (3) a schedule for implementing the use of alternative fuels or power sources; (4) emissions reductions through the adoption of reasonably available control technology in ozone nonattainment areas; and (5) compliance with the lowest achievable emission rate by new or modified major stationary sources.

Requires States to develop an implementation plan for nonattainment areas where ozone exceeds the national primary ambient air quality standard by more than 50 percent and the extended compliance schedule cannot be met by the implementation of the additional requirements. Requires this implementation plan to require the identification and adoption of specific enforceable strategies and transportation control measures, including: (1) restricted vehicle use in emission concentration areas; (2) high occupancy vehicle limitations; (3) improved public transit; (4) the use of cleaner fuels by fleet vehicles; and (5) other traffic flow and ridesharing measures.

Requires such ozone nonattainment areas to achieve a specified percent total emissions reduction annually, including major stationary sources. Permits a State to substitute a percentage that will achieve the national primary ambient air quality standard within ten years. Requires per ton fees and excess emissions penalties. Requires monies collected to be used to fund air pollution control programs under this Act. Requires compliance reports at least every three years. Requires offsetting emission reductions in such area to be at least twice as great as the amount of allowable emissions from proposed sources.

Requires that the use of technology or emission reduction methods in nonattainment areas should reflect the highest ten percent achieved for the same class or category of source when meeting the lowest achievable emission rate for new or modified sources.

Directs the Administrator of the Environmental Protection Agency to publish and revise control technique guidelines for specified categories of sources, including wood furniture coating and hazardous waste facilities.

Establishes ozone transport regions and commissions within each region to facilitate the attainment of the national air quality standard for ozone in nonattainment areas affected by emissions in other areas. Requires such commissions to identify controllable sources and other measures to attain the ozone air quality standard.

Prohibits the construction or modification of a major stationary source or the award of certain Department of Transportation grants in any nonattainment area which remains a nonattainment area or which is not in compliance with plan implementation requirements.

Prohibits the introduction of any pollutant into a publicly owned sewage treatment works with a Clean Water Act permit by a source not utilizing such treatment works prior to a plan implementation violation in a nonattainment area, except when the applicable implementation plan provides for an offset.

Permits ozone nonattainment areas to delay compliance with the primary national ambient air quality standard for up to three years if all good faith efforts to attain such standard have been made.

Authorizes the Administrator to make grants to facilitate the implementation of revised standards and plans.

Requires activities under the Outer Continental Shelf Lands Act performed on the Outer Continental Shelf to comply with the requirements of the Clean Air Act as they would apply to the adjacent State. Authorizes States to control emissions from vessels within their jurisdiction.

Title II: Acid Deposition Control - Amends the Clean Air Act to require each State to adopt Administrator-approved enforceable measures to reduce sulfur dioxide emissions in three stages between 1993 and 2000, and to reduce oxides of nitrogen emissions by 1996. Requires covered stationary sources in each State to certify the means of compliance and to be in compliance by specified dates. Prohibits emission increases from newer sources without a corresponding net reduction not otherwise required.

Authorizes States with actual utility emissions at specified levels to substitute other standards and enforceable measures. Requires States to submit to the Administrator electric load forecasts and emission reduction contingency plans.

Sets emissions limitations for States without enforceable measures. Sets forth methods which may be used, including: (1) energy conservation as the first priority; (2) least emissions dispatch; (3) source retirement; (4) trading of reduction requirements within State; and (5) precombustion cleaning of fuels. Prohibits interstate trading of emissions reductions except in areas served by a utility service territory in more than one State.

Directs the Secretary of Energy, acting jointly with the Administrator of the Environmental Protection Agency, to carry out a program of construction and operation of facilities to develop experience in the commercial deployment of clean coal technologies which significantly reduce air emissions of sulfur dioxide or oxides of nitrogen from the generation of electricity or industrial process steam. Includes within such program the solicitation, selection, supervision, monitoring, and dissemination of information about results of proposed projects to deploy such technologies. Requires project selection to be based on applicability to existing coal-fired sources of emission, reductions achievable, and cost-effectiveness, including the ability to use feedstock coal mined in the United States. Prohibits the application of reductions achieved through this program to reductions required under a State implementation plan. Limits Federal funds to 50 percent of costs over a two-year period.

Directs the Secretary and the Administrator to establish a Clean Coal Technologies Advisory Committee to select projects. Authorizes appropriations for FY 1988 through 1992.

Requires primary nonferrous smelters to be in compliance with applicable emission standards by 1988.

Directs the President to negotiate with Canada and Mexico to establish cooperative efforts in controlling transboundary air pollution, including uniform standards of performing to control air pollutant emissions.

Directs the Secretary of the Treasury to study and report to the appropriate congressional committees on a system of tariffs on emissions to encourage reductions.

Directs the National Academy of Sciences to evaluate and report to the Congress on research priorities for sources and the long-range transport of air emissions.

Directs the Administrator to report to the appropriate congressional committees on the feasibility and effectiveness of acid deposition standards to protect sensitive and critically sensitive aquatic and terrestrial resources, including an identification of such resources and impediments to implementing such a control program.

Title III: Mobile Source and Other Federal Controls - Sets emission standards for light-duty vehicles and engines: (1) for hydrocarbons after model year 1992; (2) for oxides of nitrogen after model year 1990; and (3) for particulates after model year 1989. Sets emission standards for heavy-duty vehicles and engines for oxides of nitrogen during and after model year 1991 and model year 1995. Sets standards for particulates from heavy-duty diesel vehicles and engines for model years 1991 and 1994.

Sets emission standards for light-duty trucks and engines during and after model year 1990 for oxides of nitrogen, hydrocarbons, particulates, and carbon monoxide. Requires motorcycles and motorcycle engines to comply with the standards for light-duty vehicles during and after model year 1992.

Requires onboard hydrocarbon control technology for light-duty vehicles during and after model year 1991.

Requires the Administrator to regulate formaldehyde emissions. Directs the Administrator to prohibit the manufacture and sale of engines requiring leaded gas. Requires additional regulation of carbon monoxide emissions.

Doubles the useful life of light-duty vehicles and engines for purposes of standards established by this Act.

Requires each of a manufacturer's vehicles and engines, not the average, to meet each of the emission standards of this Act.

Directs the Administrator to add an idle test mode to the Federal Test Procedure for light-duty vehicles. Requires certificates of conformity to be suspended or revoked if fewer than 90 percent of new vehicles or engines tested in a sampling period conform with applicable regulations. Requires the Administrator to use State information when making determinations of nonconformity.

Requires the Administrator to establish a testing center for high altitude conditions.

Prohibits the sale of devices designed to be installed in a motor vehicle to defeat pollution control and other devices required by this Act.

Sets forth procedures for determining civil penalties.

Requires States with vehicle inspection and maintenance programs to adopt quality control audits. Requires new vehicles to be labeled with pollution control warranty costs.

Sets standards for sulfur content in diesel fuel after July 1, 1990. Sets standards for Reid vapor pressure of gasoline sold during warm weather months following April 1, 1990.

Requires the sale of oxygenated fuels in nonattainment areas. Directs the Administrator to report to the appropriate congressional committees on the use of such fuels.

Sets forth procedures for determining civil penalties. Prohibits the use of fuels or additives in a motor vehicle not designed for such fuels or additives.

Requires the Administrator to establish emission limitations, or standards of performance, composition, or application for hydrocarbon emissions associated with specified categories of sources, including solvents, coatings, and pesticide application.

Increases criminal penalties for the knowing violation of certain provisions of this Act, including provisions relating to applicable implementation plans, and for the making of false statements.

Directs the Administrator to promulgate performance standards for emission of specified air pollutants, including particulate matter, oxides of sulfur, and lead, from new or modified municipal waste incineration units. Requires such standards to reflect the best level of emission limitation achieved in practice by similar units under optimal conditions. Makes available specified technologies, including dry and wet scrubbing, fabric filtration, and source reduction and source separation.

Establishes specific, minimum requirements for degree of thermal destruction of combustibles, reductions of emissions of certain pollutants, and outlet gas concentrations of certain pollutants.

Requires jurisdictions served by a municipal incineration unit to have an enforceable solid waste management plan before a State program may issue a permit for a new or modified unit. Requires such plan to reflect the operation of the new or modified unit.

Directs the Administrator to promulgate regulations requiring existing units to meet the emissions standards promulgated under this Act according to a timetable which requires compliance within six years. Requires the shutdown of units which fail to meet certain outlet gas concentration limitations by specified dates. Requires owners or operators of municipal waste incineration units to monitor emissions at the point such emissions move into the ambient air and at other points as necessary to protect human health and the environment. Requires such owners or operators to pay for a program to detect impacts of the unit on humans or the environment, including the testing for and reporting of significant levels of contaminants. Requires such owners or operators to comply with certain reporting requirements under Superfund. Sets monitoring standards, including continuous and periodic monitoring.

Requires unit permits to be reviewed every five years after their issuance for compliance with emissions and other requirements of this Act.

Permits States to submit for Administrator approval a State program of enforcement, treating the State as an enforcing entity under this Act. Authorizes the Administrator to withdraw such authority if the State is not adequately enforcing these requirements.

Directs the Administrator to establish a model State program for the training and certification of municipal waste incinerator personnel. Requires operating personnel to pass such training or be certified by an authorized State program.

Amends the Solid Waste Disposal Act to direct the Administrator to develop and promulgate criteria and testing procedures for managing municipal incinerator bottom and fly ash controlled by flue gas emissions control equipment which presents a substantial hazard to human health or the environment. Requires the installation of liners, a leachate collection system, and groundwater monitoring.

Requires such criteria and procedures to determine leaching, total chemical analysis, respirability, and toxicity.

Requires owners or operators of each such unit to separately test the bottom and fly ash, if possible.

Authorizes corrective action for releases of hazardous constituents from such facilities, including post-closure monitoring.

Title IV: Ambient Air Quality Standards - Amends the Clean Air Act to require the Administrator to periodically review and revise criteria and standards for each pollutant to reflect the latest available research. Directs the Administrator to report annually to the appropriate congressional committees on such review process. Directs the Administrator to promulgate additional national primary ambient air quality standards for ozone, nitrogen dioxide, sulfur dioxide, fine particles, and acid aerosols based upon concentrations over different time periods and different conditions. Authorizes a substitution of standards for particulate matter. Requires the Clean Air Scientific Advisory Committee to advise the Administrator on high-altitude concentrations of carbon monoxide.

Title V: Hazardous Air Pollutants - Requires the Administrator to promulgate, review, and revise emission standards for listed categories of pollutants every three years. Provides for the addition and deletion of substances to and from such list.

Directs the Administrator to list categories of sources emitting listed toxic pollutants. Requires emission standards for such pollutants from such sources to be at least equivalent to the most stringent levels achieved in practice. Directs the Administrator to promulgate leak detection and correction requirements to protect human health and the environment which may require annual audits and safety inspections. Sets forth a schedule for promulgating such emission standards based upon quantities and toxicity.

Requires the Administrator to list and report to the Congress on categories of area sources of air pollutants subject to control under these requirements to require reductions of emissions according to a prescribed schedule. Revises the national emission standards for hazardous air pollutants. Expands the scope of hazardous air pollutants to include air pollutants which may have adverse environmental as well as human health effects. Requires the Administrator's list of such pollutants to include categories of the source emitting such pollutants. Directs the Administrator to develop criteria to assess air pollutants or classes of pollutants for addition to such list. Requires that decisions to list or not to list a pollutant be subject to public comment. Requires a final determination within five years of an initial determination that insufficient information exists to judge a pollutant as hazardous or nonhazardous. States that the emitters of such pollutant may be required to finance the research to determine its status. Requires such standards to protect human health with an ample safety margin unless a more stringent standard is required to protect the environment. Prohibits consideration of cost and technological feasibility when setting such standards.

Permits more stringent interim standards for suspected carcinogens. Grants existing sources up to three years to meet applicable standards (current law allows 90 days). Permits an exemption for up to eight years for a source emitting a pollutant for which there is no health effects threshold where the owners or operators would experience extraordinary economic hardship. Requires such sources to comply with an alternative emission limitation resulting from the application of the best available technology.

Imposes emissions standards and other requirements for stationary sources through permits.

Authorizes each State to develop and submit to the Administrator for approval programs for control of emissions of toxic and hazardous air pollutants from stationary sources or for the prevention and mitigation of releases of extremely hazardous air pollutants from facilities in such State. Authorizes States to assume the Administrator's authorities to control such pollutants, either in whole or in part. Directs the Administrator to publish guidance for such programs within one year. Includes procedures and standards for emissions control as well as registration of all facilities handling any listed extremely hazardous air pollutant.

Directs the Administrator to establish an air toxics clearinghouse to provide information and assistance to States. Authorizes the Administrator to make grants to States to assist in program development. Offers States an opportunity to modify unapproved programs. Requires the Administrator to withdraw approval of any State program which is not administering or enforcing its program.

Requires the Administrator to list extremely hazardous substances which may cause acute or chronic adverse human health effects as a result of non-sudden or episodic events. Requires owners or operators of facilities or devices where such releases might take place to carry out hazardous assessments.

Establishes within EPA the Chemical Safety and Hazards Investigation Board, an independent safety board to investigate and report on chemical accidents, evaluate hazard assessment techniques, and make recommendations to the Administrator on the safety of chemical production, handling, and storage. Requires the Administrator to explain any refusal to implement such a recommendation. Authorizes the Board to hold hearings, secure data and written reports from any person handling chemicals, and conduct inspections where extremely hazardous substances are produced, handled, or stored. Grants the Board an independent budget. Requires that Board-collected information, other than trade secrets, be made available to the public. Requires the Board to report annually to the President and the Congress on accidents, recommendations, and priorities for research and investigations. Authorizes appropriations for FY 1988 through 1992.

Authorizes the Administrator to promulgate release prevention, detection, and correction requirements for extemely hazardous air pollutant facilities. Includes monitoring, recordkeeping, and other design, equipment, and operational practices.

Authorizes the Administrator to secure injunctive or other relief when an extremely hazardous air pollutant from a facility poses an imminent and substantial endangerment to the public health or welfare or the environment. Establishes per day civil penalties for violations of such orders. Directs the Administrator to publish guidance for the coordination of such authority with the relevant authorities under other Federal environmental laws.

Authorizes the Administrator to require owners or operators of facilities emitting hazardous or toxic air pollutants or producing or handling extremely hazardous listed air pollutants to monitor emissions from the source and in the vicinity, maintaining records of the results.

Directs the Administrator to assess and report to the Congress on hazards associated with emissions of hydrogen sulfide, benzene, and aromatic hydrocarbons.