Regulatory Compliance Flashcards

Under the Clean Air Act (CAA), a major stationary source in a nonattainment area must obtain a permit demonstrating Lowest Achievable Emission Rate (LAER). This requirement applies under which permitting program?

Answer: New Source Review (NSR) Nonattainment NSR

Nonattainment NSR (New Source Review) requires new or modified major sources in nonattainment areas to meet LAER and offset their emissions.

Under RCRA Subtitle C, which of the following best describes a 'characteristic' hazardous waste?

Answer: Waste that exhibits ignitability, corrosivity, reactivity, or toxicity

Characteristic hazardous wastes are defined by four measurable properties: ignitability (D001), corrosivity (D002), reactivity (D003), and toxicity (D004–D043).

A state professional engineering license is issued by the state's Board of Professional Engineers. Under the principle of comity, a PE licensed in one state can practice in another state without examination through:

Answer: Reciprocity or endorsement, based on substantially equivalent standards

Reciprocity (endorsement) allows a PE licensed in one state to obtain licensure in another without re-examination, provided the original license was obtained by equivalent standards.

Which federal law requires employers to notify employees of their rights to a safe workplace and prohibits retaliation against workers who report safety violations?

Answer: OSH Act Section 11(c)

OSH Act Section 11(c) protects employees who exercise rights under OSHA, including filing complaints, from employer retaliation.

A licensed PE stamps drawings for a project and later learns the drawings contain a significant error. Under most state engineering practice acts, the PE should:

Answer: Immediately notify the client and relevant authorities, and issue corrected drawings

PEs have an ethical and legal duty to correct errors promptly and notify affected parties to prevent harm, consistent with their public safety obligation.

Under the Toxic Substances Control Act (TSCA) Section 5, a manufacturer planning to introduce a new chemical substance must submit a Premanufacture Notice (PMN) to the EPA how many days before manufacture or importation?

Answer: 90 days

TSCA Section 5 requires a 90-day PMN review period before a new chemical substance can be manufactured or imported into the United States.

Which concept in environmental law holds that a party may be liable for cleanup costs even if their actions were legal at the time the contamination occurred?

Answer: Strict liability without regard to fault

CERCLA imposes strict liability, meaning parties can be held responsible for contamination cleanup regardless of whether their actions were negligent or legal at the time.