Question 1

Federal legislation exists to provide a comprehensive scheme for regulating toxic substances.

Accepted Answer

The Toxic Substances Control Act (TSCA) of 1976 established a comprehensive scheme for regulating toxic substances in the United States.

Question 2

The NPDES is a highly effective water emission technology required to be used by the EPA.

Accepted Answer

The NPDES (National Pollutant Discharge Elimination System) is not a technology; it is a permit program administered by the EPA (Environmental Protection Agency) that controls water pollution by regulating point sources that discharge pollutants into waters of the United States.

Question 3

The EPA may impose criminal fines and seek incarceration or imprisonment for persons who are convicted of violations of some environmental laws.

Accepted Answer

The EPA does have the authority to impose criminal fines and seek incarceration or imprisonment for persons who are convicted of violations of some environmental laws, including the Clean Air Act, Clean Water Act, and Resource Conservation and Recovery Act.

Question 4

The National Environmental Policy Act:

Accepted Answer

The answer of The National Environmental Policy Act:
...

Question 5

Because private causes of action have proved to be adequate to recompense and prevent environmental damage, the federal, state, and local governments have chosen to create few statutes designed to protect the environment.

Accepted Answer

This statement is false. The federal, state, and local governments have created numerous statutes and regulations to protect the environment, including but not limited to the Clean Air Act, Clean Water Act, Endangered Species Act, and National Environmental Policy Act. Private causes of action may supplement these statutory protections, but they are not the sole means of preventing environmental damage.

Question 6

In order for Bill to receive a permit for his plastic factory in a nonattainment area, he must show that the factory's emission rates will be within the average range for the industry.

Accepted Answer

The answer of In order for Bill to receive a...

Question 7

In order for Mitchell, the owner of a cement factory, to obtain a permit from the Colorado Environmental Protection
Agency in a PSD area, he must demonstrate that his factory will utilize the best available control technology.

Accepted Answer

This is true according to the Prevention of Significant Deterioration (PSD) program, which requires new major sources of pollution in designated PSD areas to use the best available control technology.

Question 8

The Clean Air Act's 1990 Amendments sought to hasten attainment of certain air quality standards, but failed to address specifically the subject of ozone pollution.

Accepted Answer

The statement is false. The 1990 Amendments to the Clean Air Act did, in fact, address the subject of ozone pollution by creating specific regulations and standards for reducing ozone levels. The amendments established a new designation for areas that were not in compliance with ozone standards, requiring them to develop and implement plans to reduce emissions and improve air quality.

Question 9

If an SIP is not complete, the EPA may treat it as a nullity in whole or in part.

Accepted Answer

If an SIP is not complete, the EPA may treat it as a nullity in whole or in part.

Question 10

The EPA, to view an entire plant as one source to evaluate emissions, uses the "bubble concept."

Accepted Answer

The EPA uses the "bubble concept" to evaluate emissions by treating an entire plant as one source.

Question 11

The EPA administrator established air quality standards for seven major classes of pollutants (carbon monoxide, particulates, sulfur dioxide, nitrogen dioxide, hydrocarbons, ozone, and lead) but the hydrocarbon standard was subsequently withdrawn as no longer being necessary.

Accepted Answer

The hydrocarbon standard was indeed withdrawn as no longer being necessary.

Question 12

A nonpoint source is a land use that causes pollution.

Accepted Answer

A nonpoint source is a source of pollution that does not come from a specific point or location. Instead, it comes from diffuse sources such as agricultural fields, urban runoff, and atmospheric deposition. Land use is one of the major nonpoint sources of pollution.

Question 13

The scope of the Clean Water Act is very broad.

Accepted Answer

The Clean Water Act regulates the discharge of pollutants into navigable waters, which includes not only surface water such as rivers and lakes, but also groundwater that can directly or indirectly affect these surface waters. Thus, the scope of the Clean Water Act is very broad.

Question 14

The Clean Water Act:

Accepted Answer

The Clean Water Act carries civil penalties of up to $37,500 per day per violation, as well as possible criminal penalties. Choices A, B, and D are incorrect. Choice A is incorrect because the Clean Water Act establishes different schemes for existing and new sources of pollution. Choice B is incorrect because the Clean Water Act applies not only to navigable waters but also to freshwater wetlands and nonnavigable intrastate waters. Choice D is incorrect because the Clean Water Act provides for separate programs for point and nonpoint sources of pollution.

Question 15

From the industry's perspective, under the Clean Air Act it is better to be considered a new source than an existing one since the standard governing existing stationary sources is more stringent than the standard governing new sources.

Accepted Answer

Under the Clean Air Act, new sources often face more stringent standards and are required to install the best available control technology to minimize emissions, whereas existing sources may be subject to less strict standards or grandfathered provisions.

Question 16

An approved SIP is treated as both state and federal law.

Accepted Answer

An approved SIP (State Implementation Plan) is a plan developed by states to comply with the Clean Air Act and achieve air quality standards set by the EPA. Once it is approved by the EPA, it becomes a legal and binding document that regulates emissions in that state. Therefore, it is treated as both state and federal law.

Question 17

In 2002 an act promoting the purchase, development, and use of industrially polluted property was signed into law.

Accepted Answer

The act in question is known as the Brownfields Law, and it was signed into law in 2002 with the goal of promoting the redevelopment and revitalization of contaminated or abandoned sites for productive use.

Question 18

The National Pollutant Discharge Elimination System may require that discharge permits be obtained from:

Accepted Answer

The National Pollutant Discharge Elimination System (NPDES) is a program under the Clean Water Act and requires that discharge permits be obtained from the EPA, the Army Corps of Engineers, and individual states. Therefore, all choices are correct in this case.

Question 19

The Clean Water Act imposes civil penalties but not criminal penalties for violations.

Accepted Answer

The Clean Water Act imposes both civil and criminal penalties for violations, depending on the severity and nature of the offense. Criminal penalties can be applied in cases of negligent or knowing violations that lead to illegal discharges or harm to the environment.

Question 20

Phoenix, Arizona may be classified as a PSD area with respect to some pollutants, but not with respect to others.

Accepted Answer

Phoenix, Arizona has been designated as a PSD (Prevention of Significant Deterioration) area with respect to certain pollutants such as sulfur dioxide and nitrogen dioxide, but not with respect to ozone.

Quiz 45: Environmental Law

Federal legislation exists to provide a comprehensive scheme for regulating toxic substances.

The NPDES is a highly effective water emission technology required to be used by the EPA.

The EPA may impose criminal fines and seek incarceration or imprisonment for persons who are convicted of violations of some environmental laws.

The National Environmental Policy Act:

Because private causes of action have proved to be adequate to recompense and prevent environmental damage, the federal, state, and local governments have chosen to create few statutes designed to protect the environment.

In order for Bill to receive a permit for his plastic factory in a nonattainment area, he must show that the factory's emission rates will be within the average range for the industry.

In order for Mitchell, the owner of a cement factory, to obtain a permit from the Colorado Environmental Protection Agency in a PSD area, he must demonstrate that his factory will utilize the best available control technology.

The Clean Air Act's 1990 Amendments sought to hasten attainment of certain air quality standards, but failed to address specifically the subject of ozone pollution.

If an SIP is not complete, the EPA may treat it as a nullity in whole or in part.

The EPA, to view an entire plant as one source to evaluate emissions, uses the "bubble concept."

The EPA administrator established air quality standards for seven major classes of pollutants (carbon monoxide, particulates, sulfur dioxide, nitrogen dioxide, hydrocarbons, ozone, and lead) but the hydrocarbon standard was subsequently withdrawn as no longer being necessary.

A nonpoint source is a land use that causes pollution.

The scope of the Clean Water Act is very broad.

The Clean Water Act:

From the industry's perspective, under the Clean Air Act it is better to be considered a new source than an existing one since the standard governing existing stationary sources is more stringent than the standard governing new sources.

An approved SIP is treated as both state and federal law.

In 2002 an act promoting the purchase, development, and use of industrially polluted property was signed into law.

The National Pollutant Discharge Elimination System may require that discharge permits be obtained from:

The Clean Water Act imposes civil penalties but not criminal penalties for violations.

Phoenix, Arizona may be classified as a PSD area with respect to some pollutants, but not with respect to others.