HSE Environmental Compliance 5

Question 1

Which environmental law gives citizens and environmental groups the right to sue polluters or EPA directly for failure to enforce regulations?

Accepted Answer

Citizen suit provisions under CAA, CWA, and RCRA

Answer

The Clean Air Act, Clean Water Act, and RCRA all contain citizen suit provisions allowing private parties to sue violators or EPA for failure to perform non-discretionary duties.

Question 2

A facility is required to develop a Risk Management Plan (RMP) under Clean Air Act Section 112(r). What is the primary trigger?

Accepted Answer

Storing regulated substances above threshold quantities that pose worst-case accident risks

Answer

CAA Section 112(r) RMP requirements are triggered when a facility holds regulated substances (flammable, toxic, or explosive) above EPA threshold quantities, requiring accident prevention programs.

Question 3

Under the Endangered Species Act (ESA), which federal agency is primarily responsible for listing terrestrial and freshwater species and designating critical habitat?

Accepted Answer

U.S. Fish and Wildlife Service (USFWS)

Answer

The U.S. Fish and Wildlife Service administers ESA protections for most terrestrial and freshwater species, while NOAA Fisheries covers most marine and anadromous species.

Question 4

A company discovers that a contractor illegally dumped hazardous waste on their property without the company's knowledge. Under CERCLA, is the property owner liable?

Accepted Answer

Yes, current owners are generally liable unless they qualify for an innocent landowner defense

Answer

CERCLA imposes strict liability on current property owners, but the innocent landowner defense may apply if they conducted all appropriate inquiries before purchase and had no knowledge of contamination.

Question 5

Which record-keeping requirement under RCRA mandates that large quantity generators maintain hazardous waste training records for current employees plus former employees for how long?

Accepted Answer

3 years after employment ends

Answer

RCRA LQG regulations at 40 CFR 265.16 require training records to be kept for current personnel and for at least 3 years after employees leave the facility.

(HSE) Certified Health Safety Environment Practice Test

(HSE) Certified Health Safety Environment Practice Test

HSE Environmental Compliance 5