Deck 20: Environmental Regulation and Sustainability

Question 1

The early federal laws on air pollution were largely ignored.

Answer 1

True

Question 2

SIPs must be approved by the state legislatures.

Answer 2

False

Question 3

Technological infeasibility is a defense to a Clean Air Act violation.

Answer 3

False

Question 4

PSD areas are nonattainment areas.

Question 5

The Federal Water Pollution Control Administration enforces federal water pollution laws.

Question 6

The Safe Drinking Water Act establishes contaminant levels all states must meet or exceed.

Question 7

The superfund is available to private citizens through suit.

Question 8

The EPA prescribes standards for release of effluent as part of the NPDES permit system.

Question 9

Private citizens do not have the right of suit under the Endangered Species Act.

Question 10

The current federal standard for control of toxic emissions is maximum achievable control technology.

Question 11

EPA regulation of industry growth is more stringent in non-attainment areas.

Question 12

The Transport Rule has been upheld by the U.S. Supreme Court.

Question 13

The bubble concept was eliminated by the 1990 Clean Air Act.

Question 14

The Clean Air Act does not carry criminal penalties.

Question 15

The EPA controls the disposal of toxic substances through a permit system.

Question 16

The Clean Air Act Amendments of 1990 return all responsibilities for SIPs to the states.

Question 17

Voluntary disclosures of CERCLA issues is discouraged.

Question 18

Expansion of an airport runway in a national park requires an EIS.

Question 19

A lender or secured creditor for a debtor who has toxic waste on its property can be held liable for clean-up in the event of foreclosure if it participates in management of the debtor's facilities.

Question 20

There is no strict liability for toxic waste, only due diligence.

Question 21

A Phase I environmental due diligence eliminates all CERCLA liability.

Question 22

The Oil Pollution Act includes penalties for the failure to report spills.

Question 23

CERCLA liability does not extend to lessors of property.

Question 24

The Endangered Species Act applies to construction projects.

Question 25

The U.S. Supreme Court has ruled that even minor modifications of plant emissions require EPA approval.

Question 26

An operator of a facility who is leasing the land from another is not liable for any required CERCLA clean-ups.

Question 27

The U.S. Supreme Court has required the EPA to address global warming via regulation.

Question 28

Brownfields enjoy special funding programs for redevelopment.

Question 29

The U.S. Supreme Court has refused to recognize a de minimis exception to CERCLA liability.

Question 30

The EPA must now undertake steps to address carbon emissions issues.

Question 31

Coal-fired plants are not required to obtain EPA approval for minor modifications to their plants

Question 32

Those who arrange for the transport of hazardous waste cannot be held liable for CERCLA violations.

Question 33

Phase I due diligence requires a search of public records related to the land.

Question 34

Self-audits generally serve to reduce fines.

Question 35

The EPA has developed an incentive program for self-disclosure by companies of environmental violations.

Question 36

Companies that find violations must self-report them to the EPA within 30 days in order to enjoy favorable treatment for voluntary disclosures.

Question 37

The EPA program for self-reporting reduces fines by a maximum of 50 percent.

Question 38

Many former gas stations have been designated as Superfund sites because of the underground storage tanks located there.

Question 39

The good neighbor rule does not apply in cases of air pollution.

Question 40

The EPA has a duty to address global warming issues.

Question 41

The EPA cannot require approval for immaterial changes to a plant.

Question 42

Self-audit benefits apply if there are repeat violations.

Question 43

The reduction in fines for self-audit compliance is 75%.

Question 44

The EPA is required to consider the economic effects when requiring BAT for a permit holder.

Question 45

The EPA has the authority to determine how to allocate responsibility for a downwind state's excess pollution.

Question 46

The Transport Rule does not allow state involvement in downwind pollution allocation.

Question 47

The Cross-State Air Pollution Rule is the same as the Transport Rule.

Question 48

Those who simply arrange for transport of solid waste do not have CERCLA liability.

Question 49

The 1977 and 1990 Clean Air Act amendments provided authority for controls on business growth based on air quality.

Question 50

The PSD areas were the identified dirty air areas.

Question 51

Emissions offsets cannot be used in nonattainment areas.

Question 52

The EPA is not required to consider costs in promulgating rules on plant emissions.

Question 53

The Clean Power Plan applied to emissions at coal plants.

Question 54

The Clean Power Plan has been replaced by the Affordable Clean Energy Rule.

Question 55

There is now no Transport Rule in effect to curb multi-state emissions.

Question 56

The Clean Air Act did not give the EPA authority to allocate responsibility for downwind air pollutions.

Question 57

Small businesses are exempt from the Clean Air Act.

Question 58

Companies are able to sell emissions permits on an exchange.

Question 59

The permit system for effluents has three categories of pollutants.

Question 60

Best conventional treatment is the highest standard for effluents.

Question 61

The EPA can use cost-benefit analysis to allow variances from BAT treatments.

Question 62

The Oil Pollution Act was a response to large oil tanker spills.

Question 63

Under which of the following acts are BCTs and BATs relevant?

A) Clean Air Act
B) CERCLA
C) Clean Water Act
D) Oil Pollution Act

Question 64

The Comprehensive Environmental Response, Compensation and Liability Act is:

A) The act that establishes the EPA.
B) The act that establishes EIS requirements.
C) The act that establishes the Superfund.
D) The act that is the EPA umbrella authorization for all types of pollutions.

Question 65

The Resources Conservation and Recovery Act of 1976:

A) Establishes the Superfund.
B) Establishes the permit system for toxic substance disposal.
C) Is an amendment to the Solid Waste Disposal Act.
D) Is sister legislation to the Endangered Species Act.

Question 66

Civil suits for nuisance:

A) Can be brought by any private citizen.
B) Must be preceded by an EPA complaint.
C) Must be in the form of a class action.
D) Are prevented if there is a statutory claim.

Question 67

The best conventional treatment:

A) Is the use of the most common technology for treating pollutants before discharge.
B) Is the state of the art technology for treating pollutants before discharge.
C) Is no longer required by the EPA.
D) Has been abandoned for MACT.

Question 68

First Fidelity holds the mortgage on property purchased by PCB, Inc. PCB is a manufacturer that disposed of chemicals in its manufacturing process on the 6 vacant acres of the land. Arrowhead Equipment was its major customer. Three years ago, PCB defaulted on the mortgage and First Fidelity took over the property and leased it to ASB, Inc., another manufacturer. PCB is now bankrupt and the EPA has expended $500,000 for clean-up of the six acres. Who is not liable to the EPA?

A) First Fidelity
B) PCB
C) ASB
D) Arrowhead Equipment

Question 69

Which of the following is not part of the Clean Air Act Amendments of 1990?

A) Stricter regulation of motor vehicle emissions
B) EPA authority if states fail to formulate SIPs
C) Plant compliance with best available technology
D) Acid rain limitations

Question 70

Parent corporations have liability for the environmental violations of subsidiaries if:

A) They share officers.
B) There is an appreciable asset base in the subsidiary.
C) The subsidiary was created as part of a strategic restructuring to better align product development and sales.
D) The parent company did not conduct due diligence before creating the subsidiary.

Question 71

CERCLA liability does not apply to:

A) Corporate board members.
B) Corporate successors.
C) Corporate officers.
D) Lenders.

Question 72

American Homes, Inc. has purchased property for the development of a planned community near Tucson, Arizona. The property, near Mt. Lemon, is home to the red-back grey squirrel, an endangered species. The Sierra Club wishes to object to the construction and project.

A)The Sierra Club can bring suit under ESA.
B)Only the EPA has standing to bring suit under the ESA.
C)The ESA does not apply to private corporations such as American.
D)The suit can be brought under ESA only after the project begins and the squirrels are affected.

Question 73

Midwest Utilities, Inc., wishes to construct a power plant near Des Moines. Its proposed coal-fired plant will have emissions. How does Midwest obtain an emissions permit?

A)Apply to the EPA
B)No new power plants can be constructed after the 1990 Clean Air Act was passed
C)Purchase emission rights from others
D)Get a exception to bubble emissions limits

Question 74

One of the effects of Superfund site designations is:

A) An increase in brownfields.
B) Decreasing due diligence.
C) Fewer clean-ups.
D) Less liability for companies that were operators.

Question 75

Devon Corporation has a subsidiary, Tanks, Inc., that specializes in the collection and cleaning of chemical drums. Tanks has not been cleaning or disposing of the drums properly. Devon:

A) Cannot be held liable for any of Tanks' missteps.
B) Could be held liable as a parent corporation.
C) Would need actual knowledge to be liable.
D) Could be held liable if it loaned money to Tanks.

Question 76

The incentives for self-policing, disclosure, correction and prevention provides lesser penalties and sanctions:

A) For first-time violators.
B) For violators who came forward voluntarily.
C) For whistleblowers who report their own companies.
D) For continuing violators who still report their errors.

Question 77

When the Endangered Species Act prohibits use of land to protect an endangered species:

A) There is a taking that entitles the owner to compensation.
B) The owner has a constitutional challenge.
C) There must be judicial approval.
D) The owner has judicial recourse.

Question 78

Which of the following best describes the bubble concept?

A)No new plants are permitted in areas in which the result will be an increase in emissions even if the new plant is not the only source of emissions
B)A theory that governs the release of effluent into navigable waters
C)A theory that governs how the liability for toxic waste clean-up costs are allocated
D)A theory that was eliminated under the Clean Air Act Amendments of 1990

Question 79

What remedies are not available when a company has released harmful emissions into the air without a permit?

A) Criminal penalties
B) Civil penalties and recovery
C) Injunctions
D) Mandatory clean-up

Question 80

Which does the EPA require for a company that is seeking permission to discharge toxic or nonconventional pollutants?

A)The best available treatment or BAT
B)The best conventional treatment or BCT
C)The type of treatment depends on both economic and environmental impact
D)The EPA requires only a permit, not treatment prior to discharge