CEA Environmental Regulations & Compliance 4 — Questions and Answers
Question 1: A company discovers that a former employee improperly disposed of spent solvents at an off-site location 15 years ago. Under CERCLA, which liability standard most likely applies?
- Strict, joint and several, and retroactive liability (Correct answer)
- Negligence-based liability only
- Liability capped at cleanup costs incurred after discovery
- Liability only if the company was the primary operator
Correct answer: Strict, joint and several, and retroactive liability
CERCLA imposes strict, joint and several, and retroactive liability, meaning PRPs can be held liable regardless of fault, even for past disposal actions predating the law.
Question 2: Under the CWA, the term 'waters of the United States' (WOTUS) is significant because it defines:
- The geographic scope of federal jurisdiction for permitting and enforcement (Correct answer)
- Only ocean and tidal waters regulated by NOAA
- Waters where states have exclusive regulatory authority
- Bodies of water larger than 10 acres in surface area
Correct answer: The geographic scope of federal jurisdiction for permitting and enforcement
WOTUS defines the jurisdictional reach of CWA programs including Section 404 dredge-and-fill permits and Section 402 NPDES permits.
Question 3: Which regulatory threshold determines whether a facility is classified as a 'major source' subject to CAA Title V operating permit requirements for HAPs?
- 10 tons per year of a single HAP or 25 tons per year of all HAPs combined (Correct answer)
- 50 tons per year of any regulated pollutant
- 100 tons per year of any criteria pollutant
- 25 tons per year of any single HAP
Correct answer: 10 tons per year of a single HAP or 25 tons per year of all HAPs combined
Under CAA Section 112, a major source is defined as emitting 10 tpy or more of a single HAP or 25 tpy or more of any combination of HAPs.
Question 4: An environmental auditor reviews a facility's stormwater permit and finds discharge monitoring reports (DMRs) were not submitted for three consecutive quarters. This most directly violates which regulatory requirement?
- NPDES permit recordkeeping and reporting conditions (Correct answer)
- RCRA manifest requirements
- EPCRA Tier II reporting obligations
- SPCC inspection documentation rules
Correct answer: NPDES permit recordkeeping and reporting conditions
NPDES permits require permittees to submit DMRs on schedule; failure to submit constitutes a permit violation and can trigger enforcement under CWA Section 309.
Question 5: Under OSHA's Hazard Communication Standard (HazCom 2012), Safety Data Sheets must include how many standardized sections?
- 16 (Correct answer)
- 8
- 12
- 24
Correct answer: 16
HazCom 2012, aligned with GHS, requires SDSs to follow a standardized 16-section format covering identification, hazards, composition, first aid, and more.
Question 6: The Toxic Substances Control Act (TSCA) Section 6(a) authorizes EPA to take action against a chemical substance when it presents:
- An unreasonable risk of injury to health or the environment (Correct answer)
- Any detectable risk at any exposure level
- Only acute toxicity risks to humans
- Risk only if no safer alternative exists
Correct answer: An unreasonable risk of injury to health or the environment
TSCA Section 6(a) gives EPA authority to prohibit or limit chemical manufacture, processing, or use when a substance presents an unreasonable risk under its conditions of use.
Question 7: Which RCRA exemption allows facilities to treat hazardous waste in tanks, containers, or containment buildings without a permit if they meet specific conditions?
- Treatability study exemption
- Satellite accumulation exemption
- Generator self-treatment exemption (Correct answer)
- Permit-by-rule exemption
Correct answer: Generator self-treatment exemption
Under RCRA, generators may treat their own hazardous waste on-site in certain units without a RCRA permit, provided they meet applicable standards and the treatment is in their own waste.
CEA Environmental Regulations & Compliance 4
A company discovers that a former employee improperly disposed of spent solvents at an off-site location 15 years ago.
Under CERCLA, which liability standard most likely applies?