CPESC Regulatory Compliance & Environmental Laws 4 — Questions and Answers
Question 1: A state environmental agency issues a 'compliance schedule' as part of an enforcement action. This legal instrument requires the violator to:
- Immediately shut down the construction project
- Achieve full compliance through a series of specified steps within defined deadlines (Correct answer)
- Pay a penalty and resume normal operations
- Transfer the permit to a third-party environmental manager
Correct answer: Achieve full compliance through a series of specified steps within defined deadlines
A compliance schedule is an enforcement tool that allows a violator to return to compliance incrementally, with specific milestones and deadlines negotiated or ordered by the agency.
Question 2: The 'significant nexus' test, relevant to determining CWA jurisdiction over wetlands and tributaries, was established through which landmark U.S. Supreme Court case?
- Rapanos v. United States (2006) (Correct answer)
- Chevron U.S.A. Inc. v. NRDC (1984)
- South Florida Water Management District v. Miccosukee Tribe (2004)
- Lucas v. South Carolina Coastal Council (1992)
Correct answer: Rapanos v. United States (2006)
Rapanos v. United States (2006) produced Justice Kennedy's 'significant nexus' test for determining whether wetlands and tributaries fall under CWA jurisdiction.
Question 3: Which federal environmental law specifically regulates the removal and disposal of asbestos-containing materials encountered during demolition or renovation on a construction site?
- OSHA Hazard Communication Standard (29 CFR 1910.1200)
- NESHAP for Asbestos (40 CFR Part 61, Subpart M) (Correct answer)
- RCRA Subtitle C Hazardous Waste Rules
- TSCA Title II Asbestos Hazard Emergency Response Act
Correct answer: NESHAP for Asbestos (40 CFR Part 61, Subpart M)
The National Emission Standards for Hazardous Air Pollutants (NESHAP) Subpart M under 40 CFR Part 61 requires notification to the state agency and proper removal/disposal procedures for asbestos during demolition.
Question 4: A construction site in a state with a delegated NPDES program fails a state inspection. Enforcement authority primarily rests with:
- EPA Region, who issues federal penalties directly
- The state environmental agency, which has primary enforcement authority (Correct answer)
- The Army Corps of Engineers district office
- The local stormwater authority with concurrent jurisdiction
Correct answer: The state environmental agency, which has primary enforcement authority
In delegated (authorized) states, the state environmental agency holds primary NPDES enforcement authority; EPA retains oversight and can step in if the state fails to act.
Question 5: Under the 'permit shield' provision of the Clean Water Act, an NPDES permit holder is protected from enforcement for pollutants that:
- Exceed benchmark concentrations during storm events
- Were disclosed and approved in the permit application and SWPPP (Correct answer)
- Are present in stormwater runoff from adjacent properties
- Are listed in the permit as requiring monitoring only
Correct answer: Were disclosed and approved in the permit application and SWPPP
The permit shield protects operators from CWA liability for discharges of pollutants that were fully disclosed in the permit application and addressed in the permit conditions.
Question 6: A project involves grading within 100 feet of a navigable waterway. Under the Rivers and Harbors Act of 1899, Section 10, this work may require a permit from:
- EPA Region IV
- U.S. Army Corps of Engineers (Correct answer)
- U.S. Fish and Wildlife Service
- State Department of Transportation
Correct answer: U.S. Army Corps of Engineers
Section 10 of the Rivers and Harbors Act of 1899 requires Army Corps of Engineers permits for work in, over, or under navigable waters of the United States.
Question 7: The EPA's 'Construction and Development Effluent Limitations Guidelines' (40 CFR Part 450) became effective for new construction sites in which year?
- 1995
- 2003
- 2010 (Correct answer)
- 2015
Correct answer: 2010
The C&D Effluent Limitations Guidelines were finalized in December 2009 and became effective for new permits issued on or after February 1, 2010.
CPESC Regulatory Compliance & Environmental Laws 4
A state environmental agency issues a 'compliance schedule' as part of an enforcement action.
This legal instrument requires the violator to: