CPWM Environmental Compliance 5 — Questions and Answers
Question 1: A public works department must comply with the Endangered Species Act during a bridge replacement project. The required consultation with the U.S. Fish and Wildlife Service is initiated under which ESA section?
- Section 4 – Listing and Critical Habitat
- Section 7 – Interagency Cooperation (Correct answer)
- Section 9 – Prohibitions
- Section 10 – Incidental Take Permits
Correct answer: Section 7 – Interagency Cooperation
ESA Section 7 requires federal agencies to consult with USFWS to ensure their actions don't jeopardize listed species or adversely modify critical habitat.
Question 2: Under EPA's Effluent Guidelines, a public works agency operating a municipal street maintenance yard must manage which pollutant category as a priority in stormwater discharges?
- Biological oxygen demand (BOD) from organic debris
- Heavy metals and petroleum hydrocarbons from vehicle storage and maintenance areas (Correct answer)
- Thermal pollution from paved surfaces absorbing solar radiation
- Nitrogen compounds from landscape fertilizer storage
Correct answer: Heavy metals and petroleum hydrocarbons from vehicle storage and maintenance areas
Vehicle storage and maintenance areas generate heavy metal and petroleum hydrocarbon contamination in stormwater, making these the priority pollutants for municipal yard operations.
Question 3: The primary distinction between a Record of Decision (ROD) and a Finding of No Significant Impact (FONSI) in the NEPA process is:
- RODs are issued by Congress while FONSIs are issued by federal agencies
- A ROD concludes an EIS process while a FONSI concludes an EA process without requiring a full EIS (Correct answer)
- RODs apply only to land use projects while FONSIs apply to transportation projects
- A FONSI requires public comment but a ROD does not
Correct answer: A ROD concludes an EIS process while a FONSI concludes an EA process without requiring a full EIS
A ROD is the final decision document that concludes the EIS process, while a FONSI is issued after an Environmental Assessment when no significant impacts are found, avoiding the full EIS.
Question 4: A city is expanding its composting facility. The primary air quality permit concern for this expansion involves:
- Carbon monoxide emissions from compost turning equipment
- Volatile organic compounds and odors classified as air pollutants (Correct answer)
- Dust from facility access roads exceeding PM10 standards
- Greenhouse gas reporting thresholds under Title V
Correct answer: Volatile organic compounds and odors classified as air pollutants
Composting operations emit volatile organic compounds (VOCs) and hydrogen sulfide that are regulated air pollutants and significant sources of odor complaints requiring permit conditions.
Question 5: Under the Clean Water Act's anti-degradation policy, waters designated as Outstanding National Resource Waters (ONRWs) receive which level of protection?
- Protection from any new or increased discharge of pollutants (Correct answer)
- Minimum water quality protection consistent with existing uses
- Enhanced monitoring requirements but flexible discharge limits
- Special recreational use designations with seasonal discharge restrictions
Correct answer: Protection from any new or increased discharge of pollutants
ONRWs receive the highest level of anti-degradation protection, prohibiting any new or increased discharges that would lower water quality in these exceptional water bodies.
Question 6: A public works manager reviewing a Phase II Environmental Site Assessment (ESA) should understand that this report primarily provides:
- Legal opinions on property liability for historical contamination
- Subsurface investigation data confirming or ruling out contamination suggested by Phase I (Correct answer)
- Remediation cost estimates for budget planning purposes
- Regulatory agency approval for property acquisition
Correct answer: Subsurface investigation data confirming or ruling out contamination suggested by Phase I
Phase II ESA involves actual soil, groundwater, and building material sampling to characterize whether contamination identified as a recognized environmental condition in Phase I actually exists.
Question 7: When managing asbestos-containing materials (ACM) in public infrastructure demolition projects, NESHAP regulations require notification to the state agency at least how many days before demolition begins?
- 3 working days
- 10 working days (Correct answer)
- 30 calendar days
- 60 calendar days
Correct answer: 10 working days
EPA's NESHAP Asbestos regulation (40 CFR Part 61 Subpart M) requires written notification to the state at least 10 working days before demolition or renovation involving regulated ACM.
CPWM Environmental Compliance 5
A public works department must comply with the Endangered Species Act during a bridge replacement project.
The required consultation with the U.S.
Fish and Wildlife Service is initiated under which ESA section?