CEP Regulatory Framework & Compliance 2 — Questions and Answers
Question 1: Under the Clean Water Act Section 404, which federal agency issues permits for the discharge of dredged or fill material into navigable waters?
- EPA
- Army Corps of Engineers (Correct answer)
- Fish and Wildlife Service
- NOAA
Correct answer: Army Corps of Engineers
The U.S. Army Corps of Engineers administers Section 404 permits for dredge and fill activities in waters of the United States.
Question 2: Which NEPA document is appropriate when a federal agency is uncertain whether a proposed action will have significant environmental impacts?
- Environmental Impact Statement
- Environmental Assessment (Correct answer)
- Categorical Exclusion
- Finding of No Significant Impact
Correct answer: Environmental Assessment
An Environmental Assessment (EA) is prepared when the significance of potential impacts is uncertain and is used to determine whether an EIS is needed.
Question 3: The Endangered Species Act Section 7 consultation process applies to actions that are:
- Funded solely by state governments
- Authorized, funded, or carried out by federal agencies (Correct answer)
- Located within designated wilderness areas
- Proposed by private landowners only
Correct answer: Authorized, funded, or carried out by federal agencies
Section 7 consultation is triggered when a federal nexus exists — any action authorized, funded, or carried out by a federal agency.
Question 4: What does the term 'ambient air quality standard' refer to under the Clean Air Act?
- Emission limits set for individual stationary sources
- Concentration limits for pollutants in outdoor air to protect public health (Correct answer)
- Permitting thresholds for new industrial facilities
- Fuel content standards for mobile sources
Correct answer: Concentration limits for pollutants in outdoor air to protect public health
National Ambient Air Quality Standards (NAAQS) set maximum allowable concentrations of criteria pollutants in outdoor air to protect public health and welfare.
Question 5: Under RCRA, what distinguishes a 'hazardous waste' from a 'solid waste'?
- Hazardous waste must be liquid; solid waste must be solid or semi-solid
- Hazardous waste poses substantial threats to human health or the environment due to specific characteristics or listing (Correct answer)
- Hazardous waste is regulated only at the state level
- Solid waste always contains recyclable materials
Correct answer: Hazardous waste poses substantial threats to human health or the environment due to specific characteristics or listing
A hazardous waste is a subset of solid waste that is listed by EPA or exhibits ignitability, corrosivity, reactivity, or toxicity characteristics.
Question 6: Which regulatory concept requires a new major stationary source in a nonattainment area to obtain 'offsets' before receiving an air permit?
- Prevention of Significant Deterioration
- New Source Review — Nonattainment (Correct answer)
- Title V Operating Permit
- General Conformity Rule
Correct answer: New Source Review — Nonattainment
In nonattainment areas, the NSR program requires new or modified major sources to obtain emission offsets greater than their proposed emissions to improve air quality.
Question 7: The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) establishes liability for site cleanup that is best described as:
- Fault-based, requiring proof of negligence
- Strict, joint and several, and retroactive (Correct answer)
- Limited to current property owners only
- Applicable only to federal government facilities
Correct answer: Strict, joint and several, and retroactive
CERCLA imposes strict, joint and several, and retroactive liability on potentially responsible parties regardless of fault or when contamination occurred.
CEP Regulatory Framework & Compliance 2
Under the Clean Water Act Section 404, which federal agency issues permits for the discharge of dredged or fill material into navigable waters?