ENV SP Environmental Compliance 3 — Questions and Answers
Question 1: A manufacturing facility discovers it has been unknowingly discharging a chemical not listed in its NPDES permit. What is the MOST appropriate immediate compliance action?
- Continue operations while updating the permit application
- Self-report the discharge to the regulatory authority and cease or reduce the discharge (Correct answer)
- Dilute the effluent to reduce concentration below detection limits
- Implement internal controls without notifying regulators
Correct answer: Self-report the discharge to the regulatory authority and cease or reduce the discharge
Self-reporting unauthorized discharges promptly to regulators is required by law and can mitigate penalties; continued violations or dilution are prohibited practices.
Question 2: Which regulatory concept allows facilities to exceed individual emission limits for some pollutants if they offset those exceedances with reductions in other pollutants of equal or greater environmental benefit?
- Best Available Control Technology (BACT)
- Emissions Trading or Bubble Policy (Correct answer)
- New Source Performance Standards (NSPS)
- Maximum Achievable Control Technology (MACT)
Correct answer: Emissions Trading or Bubble Policy
The bubble policy and emissions trading programs allow facilities to treat multiple emission points as a single 'bubble,' enabling internal trades between sources.
Question 3: Under TSCA Section 6, EPA has the authority to restrict or ban which substances when they present unreasonable risk?
- Only substances manufactured after 1976
- Existing and new chemical substances or mixtures (Correct answer)
- Pesticides regulated under FIFRA
- Pharmaceutical products approved by the FDA
Correct answer: Existing and new chemical substances or mixtures
TSCA Section 6 gives EPA broad authority to regulate both existing and new chemical substances or mixtures that present unreasonable risk of injury to health or the environment.
Question 4: What is the significance of a 'de minimis' exemption in environmental compliance?
- It exempts all small businesses from environmental regulations
- It allows minor or trivial quantities or activities to be excluded from regulatory requirements (Correct answer)
- It provides a permanent waiver from permit requirements
- It reduces the penalty amount for first-time violations by 50%
Correct answer: It allows minor or trivial quantities or activities to be excluded from regulatory requirements
De minimis exemptions exclude from regulatory coverage activities or quantities so small they pose negligible environmental or health risk, reducing compliance burdens for trivial sources.
Question 5: Which document must a facility prepare when it handles hazardous materials above threshold quantities and must coordinate with local emergency responders?
- Environmental Impact Statement (EIS)
- Tier II Chemical Inventory Report (Correct answer)
- Notice of Intent (NOI)
- Record of Decision (ROD)
Correct answer: Tier II Chemical Inventory Report
Tier II reports under EPCRA Section 312 require facilities to annually submit chemical inventory information to state and local emergency planners and fire departments.
Question 6: Under the Endangered Species Act (ESA), what is required before a federal agency takes action that may affect a listed species?
- A public comment period of at least 90 days
- Formal consultation with the U.S. Fish and Wildlife Service or NOAA Fisheries (Correct answer)
- Approval from the state wildlife management agency
- Purchase of species mitigation credits from an approved bank
Correct answer: Formal consultation with the U.S. Fish and Wildlife Service or NOAA Fisheries
Section 7 of the ESA requires federal agencies to consult with USFWS or NOAA Fisheries to ensure their actions are not likely to jeopardize listed species or destroy critical habitat.
Question 7: What compliance obligation does the annual Toxic Release Inventory (TRI) reporting under EPCRA Section 313 impose on covered facilities?
- Obtaining pre-approval before using any listed toxic chemical
- Reporting quantities of listed toxic chemicals released to the environment or transferred off-site (Correct answer)
- Eliminating all use of listed chemicals within five years
- Installing pollution controls approved by EPA before operations begin
Correct answer: Reporting quantities of listed toxic chemicals released to the environment or transferred off-site
TRI reporting requires covered facilities to annually report the amounts of listed toxic chemicals they release to air, water, and land, or transfer off-site for treatment or disposal.
ENV SP Environmental Compliance 3
A manufacturing facility discovers it has been unknowingly discharging a chemical not listed in its NPDES permit.
What is the MOST appropriate immediate compliance action?