Question 1

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 statement is true as per the requirement of the Prevention of Significant Deterioration (PSD) program of the Clean Air Act. To obtain a permit in a PSD area, the owner must demonstrate that they will use the best available control technology to minimize air pollution emissions.

Question 2

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 3

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 federal program that requires permits for the discharge of pollutants into surface waters from point sources. These permits are issued by either the Environmental Protection Agency (EPA) or an authorized state agency, and in some cases, the Army Corps of Engineers may also be involved. Therefore, all three options (EPA, state, and Army Corps of Engineers) may require discharge permits under the NPDES program.

Question 4

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

Accepted Answer

The Toxic Substances Control Act (TSCA) is a federal law that provides a framework for regulating the manufacture, processing, distribution, use, and disposal of substances that pose a risk to human health or the environment.

Question 5

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 incorrect. The Clean Air Act's 1990 Amendments did address specifically the subject of ozone pollution, including setting requirements for ozone precursor emissions and establishing the National Ambient Air Quality Standard for ozone.

Question 6

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 seek criminal penalties, including fines and imprisonment, for violations of certain environmental laws.

Question 7

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 8

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

Accepted Answer

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

Question 9

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 statement is true. The EPA established air quality standards for seven major classes of pollutants including hydrocarbons, but the hydrocarbon standard was withdrawn as it was deemed unnecessary.

Question 10

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

Accepted Answer

An approved State Implementation Plan (SIP) is a set of pollution regulations developed by state and local air pollution control agencies and approved by the Environmental Protection Agency (EPA) according to the requirements of the Clean Air Act. Once approved by the EPA, a SIP becomes enforceable as both state and federal law.

Question 11

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

Accepted Answer

The Small Business Liability Relief and Brownfields Revitalization Act, also known as the Brownfields Law, was signed into law in 2002 to encourage the redevelopment of industrially polluted properties.

Question 12

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

In a nonattainment area, stricter regulations apply, and Bill must demonstrate that his factory's emissions will not only be within the average range but also meet the lowest achievable emission rate (LAER) standards.

Question 13

The scope of the Clean Water Act is very broad.

Accepted Answer

The Clean Water Act is a federal law that regulates discharges of pollutants into the waters of the United States and sets water quality standards for surface waters. Its scope is very broad and covers a wide range of activities that can affect water quality, including industrial and agricultural activities, construction and development, and municipal wastewater treatment.

Question 14

A nonpoint source is a land use that causes pollution.

Accepted Answer

Nonpoint source pollution refers to pollution that comes from diffuse sources such as agriculture, forestry, and urban development, rather than from a single point like a factory or sewage treatment plant. Therefore, a nonpoint source is a land use that causes pollution.

Question 15

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. A, B, and D are incorrect because:
A)The Clean Water Act establishes separate schemes for existing and new sources of pollution.
B)The Clean Water Act applies to all navigable waters and also to freshwater wetlands and nonnavigable intrastate waters.
D)The Clean Water Act provides separate programs for point and nonpoint sources of pollution.

Question 16

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, as stated in the Clean Air Act.

Question 17

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

Accepted Answer

PSD (Prevention of Significant Deterioration) areas are designated based on specific pollutants, so a location like Phoenix can be classified as a PSD area for certain pollutants while not for others, depending on the levels and regulations for each pollutant.

Question 18

The National Environmental Policy Act:

Accepted Answer

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

Question 19

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 20

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. Governments have created numerous statutes and regulations designed to protect the environment, including the Clean Air Act, Clean Water Act, and Endangered Species Act. Private causes of action may be one aspect of environmental protection, but they are not the sole means of addressing environmental damage.

Quiz 45: Environmental Law

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.