CPL Environmental Impact Regulations 3 — Questions and Answers
Question 1: Which executive order requires federal agencies to identify and address disproportionately high environmental burdens on minority and low-income communities?
- Executive Order 12898 (Correct answer)
- Executive Order 11990
- Executive Order 13547
- Executive Order 13186
Correct answer: Executive Order 12898
Executive Order 12898 (Federal Actions to Address Environmental Justice) requires agencies to consider environmental justice impacts.
Question 2: A landman is negotiating a surface use agreement and the surface owner raises concerns about produced water disposal. Which federal law primarily regulates underground injection of produced water?
- Safe Drinking Water Act (Correct answer)
- Clean Water Act
- CERCLA
- RCRA
Correct answer: Safe Drinking Water Act
The Safe Drinking Water Act's Underground Injection Control program regulates disposal of produced water via injection wells.
Question 3: The Endangered Species Act Section 7 consultation process applies when a proposed federal action may affect a listed species. Which agency conducts this consultation?
- U.S. Fish and Wildlife Service or NOAA Fisheries (Correct answer)
- EPA
- Bureau of Land Management
- Council on Environmental Quality
Correct answer: U.S. Fish and Wildlife Service or NOAA Fisheries
Section 7 consultations are conducted with USFWS for terrestrial species or NOAA Fisheries for marine species.
Question 4: What does the term 'innocent landowner defense' protect against under CERCLA?
- Liability for contamination caused before a property was purchased, provided due diligence was performed (Correct answer)
- Liability for contamination caused by adjacent landowners
- Criminal penalties for unreported spills
- Penalties for failure to file EPCRA reports
Correct answer: Liability for contamination caused before a property was purchased, provided due diligence was performed
The innocent landowner defense shields purchasers from CERCLA liability if they conducted all appropriate inquiries and had no knowledge of contamination.
Question 5: In which situation would a Nationwide Permit (NWP) issued by the Army Corps of Engineers be appropriate for oil and gas activities?
- Minor impacts to waters of the United States that meet specific acreage and linear foot thresholds (Correct answer)
- Major pipeline crossings of navigable rivers
- Construction of large produced water impoundments
- Any activity requiring individual Section 404 review
Correct answer: Minor impacts to waters of the United States that meet specific acreage and linear foot thresholds
Nationwide Permits authorize activities with minimal individual and cumulative adverse environmental effects, subject to specific conditions and thresholds.
Question 6: Which air quality standard under the Clean Air Act sets limits that protect public health with an adequate margin of safety?
- National Ambient Air Quality Standards (NAAQS) (Correct answer)
- New Source Performance Standards (NSPS)
- Maximum Achievable Control Technology (MACT) standards
- Best Available Control Technology (BACT) standards
Correct answer: National Ambient Air Quality Standards (NAAQS)
NAAQS establish health-protective ambient concentration limits for criteria pollutants like ozone, particulate matter, and NOx.
Question 7: A surface lease for a compressor station requires compliance with EPA's 40 CFR Part 60, Subpart OOOO. What type of emissions does this subpart address?
- Volatile organic compounds and methane from oil and natural gas sector equipment (Correct answer)
- Carbon dioxide from combustion sources
- Produced water vapor from evaporation ponds
- Hydrogen sulfide from sour gas processing
Correct answer: Volatile organic compounds and methane from oil and natural gas sector equipment
40 CFR Part 60 Subpart OOOO (and OOOOa) sets New Source Performance Standards for VOC and methane emissions from oil and gas operations.
CPL Environmental Impact Regulations 3
Which executive order requires federal agencies to identify and address disproportionately high environmental burdens on minority and low-income communities?