CES Laws and Regulations 3 — Questions and Answers
Question 1: Which federal law specifically governs the cleanup of underground storage tank (UST) releases and requires states to establish UST programs?
- CERCLA
- RCRA Subtitle I (Correct answer)
- SDWA
- TSCA
Correct answer: RCRA Subtitle I
RCRA Subtitle I addresses underground storage tanks, setting technical standards and corrective action requirements for petroleum and hazardous substance USTs.
Question 2: The National Environmental Policy Act (NEPA) requires federal agencies to prepare an Environmental Impact Statement (EIS) when a proposed action may have what type of effect?
- Any measurable effect on air quality
- A significant effect on the human environment (Correct answer)
- An effect on endangered species habitat
- A cumulative effect over 10 years
Correct answer: A significant effect on the human environment
NEPA requires an EIS for federal actions that may significantly affect the quality of the human environment, as determined through an initial Environmental Assessment.
Question 3: Under the Endangered Species Act, Section 7 consultation is triggered when a federal agency determines its action may affect a listed species. What document formalizes the conclusion that no jeopardy will occur?
- Biological Assessment
- Incidental Take Permit
- Biological Opinion (Correct answer)
- Conservation Plan
Correct answer: Biological Opinion
A Biological Opinion is issued by USFWS or NMFS following formal Section 7 consultation, determining whether the proposed action would jeopardize a listed species.
Question 4: The Oil Pollution Act of 1990 (OPA 90) was enacted primarily in response to which environmental disaster?
- Three Mile Island nuclear accident
- Exxon Valdez oil spill in Prince William Sound (Correct answer)
- Love Canal hazardous waste contamination
- Times Beach dioxin contamination
Correct answer: Exxon Valdez oil spill in Prince William Sound
OPA 90 was passed after the 1989 Exxon Valdez spill, establishing liability for oil spill cleanup costs, natural resource damages, and prevention planning requirements.
Question 5: Which OSHA standard establishes requirements for worker protection during hazardous waste operations and emergency response, commonly known as HAZWOPER?
- 29 CFR 1910.119
- 29 CFR 1910.120 (Correct answer)
- 29 CFR 1926.62
- 29 CFR 1910.1000
Correct answer: 29 CFR 1910.120
29 CFR 1910.120 (HAZWOPER) sets training, medical surveillance, and safety requirements for workers involved in hazardous waste cleanup and emergency response.
Question 6: The Resource Conservation and Recovery Act (RCRA) definition of 'solid waste' is significant because it establishes the threshold for what regulatory determination?
- Whether a material requires an air emissions permit
- Whether a material may be regulated as hazardous waste (Correct answer)
- Whether a site qualifies for Superfund listing
- Whether a discharge requires an NPDES permit
Correct answer: Whether a material may be regulated as hazardous waste
Under RCRA, a material must first meet the definition of solid waste before it can be classified as a hazardous waste subject to RCRA Subtitle C regulation.
Question 7: Which Clean Air Act program requires facilities in nonattainment areas for ozone or CO to apply which level of emission control for new or modified major sources?
- Best Available Control Technology (BACT)
- Lowest Achievable Emission Rate (LAER) (Correct answer)
- Reasonably Available Control Technology (RACT)
- Maximum Achievable Control Technology (MACT)
Correct answer: Lowest Achievable Emission Rate (LAER)
The Nonattainment New Source Review (NSR) program requires new or modified major sources in nonattainment areas to meet LAER, the most stringent achievable emission rate.
CES Laws and Regulations 3
Which federal law specifically governs the cleanup of underground storage tank (UST) releases and requires states to establish UST programs?