Laws and Regulations Flashcards

Under the Resource Conservation and Recovery Act (RCRA), the 'cradle-to-grave' concept holds which party ultimately responsible for the proper management of hazardous waste?

Answer: The generator of the hazardous waste

RCRA's 'cradle-to-grave' system mandates that the generator of hazardous waste is responsible for its management from the point of generation until its ultimate disposal. This liability does not transfer to transporters or TSDFs, even though they share responsibility for proper handling.

A real estate development company plans to build a new subdivision. The project requires filling in a portion of a federally protected wetland to construct an access road. Which federal law will primarily require the company to obtain a permit for this specific activity?

Answer: Clean Water Act (CWA) Section 404

Section 404 of the Clean Water Act establishes a program to regulate the discharge of dredged or fill material into waters of the United States, which includes wetlands. Therefore, placing fill material in a wetland for road construction would require a Section 404 permit.

Which of the following is designated as one of the six 'criteria' air pollutants for which the EPA has set National Ambient Air Quality Standards (NAAQS) under the Clean Air Act?

Answer: Ground-level Ozone (O3)

The Clean Air Act requires the EPA to set NAAQS for six common air pollutants, known as criteria pollutants: ground-level ozone, particulate matter, carbon monoxide, lead, sulfur dioxide, and nitrogen dioxide. Carbon dioxide, asbestos, and radon are regulated under other provisions or laws but are not on the list of six criteria pollutants.

A federal agency is proposing a small construction project that it has determined, based on past experience with similar actions, will not have a significant individual or cumulative effect on the human environment. Under the National Environmental Policy Act (NEPA), what level of review would this project most likely undergo?

Answer: Categorical Exclusion (CE)

A Categorical Exclusion (CE) is a classification for actions that a federal agency has determined do not individually or cumulatively have a significant effect on the environment. Therefore, an EA or a more detailed EIS is not required for such projects, provided no extraordinary circumstances exist.

Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), who would be considered a Potentially Responsible Party (PRP) for the cleanup of a contaminated site?

Answer: The current owner, past owners at the time of disposal, generators, and transporters of the hazardous substance.

CERCLA, also known as Superfund, imposes broad liability. Potentially Responsible Parties (PRPs) include the current owners and operators of a facility, past owners and operators at the time hazardous substances were disposed of, those who arranged for disposal (generators), and those who transported the hazardous substances to the site.

A wind energy company is developing a new wind farm in an area that is a known habitat for a federally listed threatened bird species. While the project is otherwise lawful, there is a possibility that some birds may be harmed during the operation of the turbines. To comply with the Endangered Species Act (ESA), what type of permit must the company obtain?

Answer: An Incidental Take Permit (ITP)

An Incidental Take Permit (ITP) is required under Section 10 of the Endangered Species Act when an otherwise lawful activity may result in the 'take' (e.g., harm, harass, or kill) of a listed threatened or endangered species. This allows the project to proceed while implementing a Habitat Conservation Plan to mitigate the impacts.