CSC Environmental Regulations & Policy 2 — Questions and Answers
Question 1: Under the Toxic Substances Control Act (TSCA), which action is EPA authorized to take when a chemical poses an unreasonable risk?
- Issue civil penalties only
- Restrict or ban the chemical's manufacture or use (Correct answer)
- Refer the matter exclusively to state regulators
- Require congressional approval before action
Correct answer: Restrict or ban the chemical's manufacture or use
TSCA gives EPA authority to restrict, limit, or ban chemicals found to present unreasonable risk to health or the environment.
Question 2: Which federal law requires facilities that release toxic chemicals above threshold quantities to report those releases to the EPA's Toxic Release Inventory (TRI)?
- RCRA
- CERCLA
- EPCRA (Correct answer)
- CAA
Correct answer: EPCRA
The Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313 established the TRI reporting requirement.
Question 3: A company discovers contamination at an abandoned industrial site it recently purchased. Under CERCLA, the company may avoid liability by proving it qualifies as which type of party?
- A responsible downstream user
- A bona fide prospective purchaser (Correct answer)
- A licensed environmental auditor
- A permitted waste handler
Correct answer: A bona fide prospective purchaser
CERCLA's bona fide prospective purchaser defense protects buyers who conducted proper due diligence before purchase and comply with ongoing obligations.
Question 4: Which provision of the Clean Air Act requires major stationary sources in nonattainment areas to install pollution controls representing the Lowest Achievable Emission Rate (LAER)?
- New Source Review (NSR) – Nonattainment (Correct answer)
- Prevention of Significant Deterioration (PSD)
- National Ambient Air Quality Standards (NAAQS)
- Acid Rain Program
Correct answer: New Source Review (NSR) – Nonattainment
NSR in nonattainment areas requires major new or modified sources to meet LAER and obtain emission offsets.
Question 5: Which of the following best describes the role of an Environmental Impact Statement (EIS) under NEPA?
- It grants final federal approval for a project
- It imposes liability on project developers for environmental harm
- It discloses significant environmental impacts and considers alternatives for major federal actions (Correct answer)
- It replaces state-level environmental permitting requirements
Correct answer: It discloses significant environmental impacts and considers alternatives for major federal actions
An EIS is a disclosure document that analyzes significant environmental impacts and reasonable alternatives, informing federal decision-making.
Question 6: Under the Paris Agreement, Nationally Determined Contributions (NDCs) are best described as:
- Legally binding emission reduction targets set by the UN
- Self-determined climate pledges submitted by each participating country (Correct answer)
- Fixed carbon tax rates agreed upon by signatory nations
- Emission trading quotas allocated by the UNFCCC Secretariat
Correct answer: Self-determined climate pledges submitted by each participating country
NDCs are voluntary, self-determined climate action plans that each country submits and progressively strengthens over time.
Question 7: Which U.S. regulatory concept requires a facility seeking an air permit in an attainment area to demonstrate use of Best Available Control Technology (BACT)?
- Prevention of Significant Deterioration (PSD) review (Correct answer)
- Nonattainment New Source Review
- Risk Management Program (RMP)
- National Emission Standards for Hazardous Air Pollutants (NESHAP)
Correct answer: Prevention of Significant Deterioration (PSD) review
PSD review applies in areas meeting NAAQS and requires major new or modified sources to apply BACT.
Under the Toxic Substances Control Act (TSCA), which action is EPA authorized to take when a chemical poses an unreasonable risk?