CPP Risk Management & Mitigation — Questions and Answers
Question 1: In permitting risk management, what does a 'mitigation hierarchy' prioritize?
- Avoiding impacts first, then minimizing unavoidable impacts, then compensating for residual impacts (Correct answer)
- Compensating for impacts before attempting avoidance
- Minimizing costs before minimizing environmental impacts
- Offsite mitigation before onsite mitigation
Correct answer: Avoiding impacts first, then minimizing unavoidable impacts, then compensating for residual impacts
The mitigation hierarchy — avoid, minimize, restore, offset — is applied sequentially, with avoidance as the preferred approach before other measures are considered.
Question 2: What is a 'Programmatic Environmental Impact Statement' (PEIS) and how does it manage risk?
- An EIS that evaluates environmental impacts of broad programs, policies, or plans, allowing tiering of subsequent project-level reviews (Correct answer)
- An EIS required for all projects over $10 million
- An emergency EIS prepared when standard timelines cannot be met
- An EIS conducted by states rather than federal agencies
Correct answer: An EIS that evaluates environmental impacts of broad programs, policies, or plans, allowing tiering of subsequent project-level reviews
A PEIS evaluates cumulative and programmatic impacts upfront, enabling tiered project-level EISs to incorporate programmatic findings and reducing redundancy and risk of challenge.
Question 3: What is an 'Environmental Management System (EMS)' and its role in permit compliance?
- A systematic framework (e.g., ISO 14001) for managing environmental aspects, ensuring permit conditions are tracked and met (Correct answer)
- A software system for submitting permit applications electronically
- A federal database tracking permit violations
- A state-mandated environmental accounting system
Correct answer: A systematic framework (e.g., ISO 14001) for managing environmental aspects, ensuring permit conditions are tracked and met
An EMS like ISO 14001 provides structure for identifying environmental aspects, setting compliance objectives, monitoring performance, and correcting deficiencies, reducing compliance risk.
Question 4: What is 'compensatory mitigation' under the Clean Water Act Section 404 regulatory framework?
- Actions taken to offset unavoidable impacts to wetlands and waters through restoration, enhancement, establishment, or preservation (Correct answer)
- Financial penalties paid for unauthorized wetland fill
- Engineering controls installed to prevent wetland impacts
- A bond posted to guarantee project completion
Correct answer: Actions taken to offset unavoidable impacts to wetlands and waters through restoration, enhancement, establishment, or preservation
Compensatory mitigation (including mitigation banking, in-lieu fee programs, and permittee-responsible mitigation) offsets residual impacts to wetlands after avoidance and minimization.
Question 5: What is the purpose of a 'risk matrix' in permitting project management?
- To assess and prioritize risks by evaluating the likelihood and consequence of each potential issue during the permitting process (Correct answer)
- To document all environmental impacts of a project
- To track permit application deadlines
- To identify regulatory requirements applicable to a project
Correct answer: To assess and prioritize risks by evaluating the likelihood and consequence of each potential issue during the permitting process
A risk matrix helps permitting teams systematically evaluate which risks require the most attention by plotting likelihood against potential impact severity.
Question 6: What is a 'permit shield' provision and how does it protect permit holders?
- A Clean Water Act provision that protects NPDES permittees from enforcement for discharges that comply with permit conditions and were disclosed during application (Correct answer)
- A legal defense against third-party liability in CERCLA actions
- An exemption from state permits for federally permitted activities
- Protection from permit revocation after project completion
Correct answer: A Clean Water Act provision that protects NPDES permittees from enforcement for discharges that comply with permit conditions and were disclosed during application
The CWA Section 402 permit shield means that compliance with a valid NPDES permit is a complete defense against enforcement for covered discharges, provided full disclosure was made.
CPP Risk Management & Mitigation
In permitting risk management, what does a 'mitigation hierarchy' prioritize?