CES Environmental Regulations & Compliance Standards 3 — Questions and Answers
Question 1: A consultant discovers that soil contamination at a site originates from an adjacent property. Under CERCLA, which party is most likely liable for cleanup of the contamination on the client's property?
- Only the current owner of the adjacent property
- The current owner of the contaminated site only
- All potentially responsible parties including past owners and operators (Correct answer)
- Only the party that originally disposed of the waste
Correct answer: All potentially responsible parties including past owners and operators
CERCLA imposes joint and several, strict, and retroactive liability on all PRPs, including past and present owners, operators, arrangers, and transporters.
Question 2: Which term describes the standard of review a federal court applies when an agency's interpretation of an ambiguous statute it administers is challenged?
- De novo review
- Arbitrary and capricious standard
- Chevron deference (Correct answer)
- Substantial evidence test
Correct answer: Chevron deference
Under Chevron deference, courts defer to an agency's reasonable interpretation of an ambiguous statute it is charged with administering.
Question 3: Under the Clean Water Act NPDES program, which type of permit covers multiple similar facilities under a single set of requirements rather than individual permits?
- Individual NPDES permit
- General NPDES permit (Correct answer)
- Area-wide waste treatment permit
- Categorical pretreatment permit
Correct answer: General NPDES permit
General NPDES permits cover a category of similar dischargers in a geographic area under a single permit with standardized conditions.
Question 4: Under the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313, what is the reporting threshold for a non-PBT chemical for facilities with 10 or more full-time employee equivalents?
- 10,000 pounds manufactured or processed, or 10,000 pounds otherwise used
- 25,000 pounds manufactured or processed, or 10,000 pounds otherwise used (Correct answer)
- 10,000 pounds manufactured or processed, or 25,000 pounds otherwise used
- 25,000 pounds manufactured or processed, or 25,000 pounds otherwise used
Correct answer: 25,000 pounds manufactured or processed, or 10,000 pounds otherwise used
For non-PBT chemicals, EPCRA Section 313 thresholds are 25,000 pounds manufactured or processed, or 10,000 pounds otherwise used annually.
Question 5: Which regulatory program specifically addresses the remediation of contaminated sediments in navigable waters of the United States?
- RCRA Corrective Action
- CERCLA Superfund (Correct answer)
- Clean Water Act Section 404
- Coastal Zone Management Act
Correct answer: CERCLA Superfund
CERCLA provides the primary framework for remediating contaminated sediments in navigable waters through the Superfund program.
Question 6: The National Environmental Policy Act (NEPA) requires an Environmental Impact Statement (EIS) for federal actions that are 'major' and have 'significant' effects. Which document is prepared first to determine whether an EIS is needed?
- Record of Decision (ROD)
- Finding of No Significant Impact (FONSI)
- Environmental Assessment (EA) (Correct answer)
- Categorical Exclusion (CE)
Correct answer: Environmental Assessment (EA)
An Environmental Assessment (EA) is prepared to determine whether a proposed federal action will have significant environmental impacts requiring a full EIS.
Question 7: Under OSHA's Hazard Communication Standard (HazCom), what is the maximum number of pictograms that a Safety Data Sheet (GHS format) label may display for a single hazardous chemical?
- 4 pictograms
- 6 pictograms
- 8 pictograms (Correct answer)
- There is no maximum limit
Correct answer: 8 pictograms
GHS/HazCom labels may display a maximum of 8 pictograms, though in practice fewer are typically needed.
CES Environmental Regulations & Compliance Standards 3
A consultant discovers that soil contamination at a site originates from an adjacent property.
Under CERCLA, which party is most likely liable for cleanup of the contamination on the client's property?