CEA Environmental Regulations & Compliance 5 — Questions and Answers
Question 1: Which federal statute specifically governs the cleanup of leaking underground storage tanks (USTs) containing petroleum?
- RCRA Subtitle I (Correct answer)
- CERCLA
- TSCA
- CWA Section 311
Correct answer: RCRA Subtitle I
RCRA Subtitle I establishes the Underground Storage Tank program, requiring leak detection, spill prevention, and corrective action for petroleum USTs.
Question 2: A facility subject to the Risk Management Program (RMP) rule under CAA Section 112(r) must submit an RMP when it holds regulated substances above threshold quantities. Which agency receives and manages RMP submissions?
- EPA (Correct answer)
- OSHA
- DHS
- DOT
Correct answer: EPA
RMP plans are submitted to EPA under CAA Section 112(r)(7), which requires facilities with listed hazardous substances above threshold quantities to develop and register accident prevention programs.
Question 3: Under the CWA Section 404 program, the U.S. Army Corps of Engineers issues permits for the discharge of dredged or fill material into which type of water?
- Waters of the United States, including wetlands (Correct answer)
- Only navigable rivers and lakes
- Coastal waters within 3 miles of shore
- Groundwater aquifers
Correct answer: Waters of the United States, including wetlands
CWA Section 404 authorizes the Army Corps to issue permits for discharge of dredged or fill material into waters of the U.S., including wetlands that meet the jurisdictional definition.
Question 4: The Endangered Species Act (ESA) Section 7 consultation process applies to which activities?
- Federal agency actions that may affect listed species or critical habitat (Correct answer)
- All private development projects regardless of federal involvement
- Only activities on federally designated wilderness lands
- Commercial fishing operations in international waters
Correct answer: Federal agency actions that may affect listed species or critical habitat
ESA Section 7 requires federal agencies to consult with FWS or NMFS to ensure their actions are not likely to jeopardize listed species or adversely modify critical habitat.
Question 5: Which environmental regulation requires facilities to conduct a Process Hazard Analysis (PHA) as part of managing highly hazardous chemicals above threshold quantities?
- OSHA PSM Standard (29 CFR 1910.119) (Correct answer)
- EPA RMP Rule only
- EPCRA Section 302
- RCRA corrective action program
Correct answer: OSHA PSM Standard (29 CFR 1910.119)
OSHA's Process Safety Management (PSM) standard requires covered facilities to perform PHAs to identify, evaluate, and control hazards involving highly hazardous chemicals.
Question 6: A facility generates wastewater that is discharged to a publicly owned treatment works (POTW). Under the CWA pretreatment program, the facility must comply with:
- National pretreatment standards and any local limits set by the POTW (Correct answer)
- Only federal NPDES permit limits
- RCRA land disposal restrictions exclusively
- State-only regulations without federal oversight
Correct answer: National pretreatment standards and any local limits set by the POTW
Industrial users discharging to POTWs must meet EPA's categorical and general pretreatment standards plus any more stringent local limits established by the POTW to protect the treatment system.
Question 7: Under CERCLA, which defense allows a party that purchased contaminated property after a release to avoid liability if they conducted 'all appropriate inquiries' before purchase?
- Innocent landowner defense
- Third-party defense
- Act of God defense
- Bona fide prospective purchaser defense (Correct answer)
Correct answer: Bona fide prospective purchaser defense
The bona fide prospective purchaser (BFPP) defense under CERCLA Section 101(40) protects buyers who knowingly acquire contaminated property but perform all appropriate inquiries and meet continuing obligations.
CEA Environmental Regulations & Compliance 5
Which federal statute specifically governs the cleanup of leaking underground storage tanks (USTs) containing petroleum?