Question 1

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 pursue criminal charges for violations of certain environmental laws, and penalties may include fines and imprisonment.

Question 2

Phoenix, Arizona might 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 classified based on air quality standards for specific pollutants. A location like Phoenix, Arizona, could meet the air quality standards (and thus be classified as a PSD area) for some pollutants, but not for others, depending on local environmental conditions and emissions.

Question 3

Under the Superfund Recycling Act of 1999, recyclers are exempt from clean-up cost liability to the government or third parties.

Accepted Answer

The Superfund Recycling Act of 1999 does not exist; therefore, recyclers are not specifically exempt from clean-up cost liability under such an act. The actual legislation dealing with contaminated sites is the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, which does not include a specific "Recycling Act" exemption for recyclers.

Question 4

The "bubble concept" is used by the EPA to view an entire plant as one source to evaluate emissions.

Accepted Answer

The "bubble concept" allows the EPA to consider a plant's total emissions as if they were coming from a single source, facilitating the management and reduction of pollutants under regulatory standards.

Question 5

All present and former owners of contaminated property have liability for its Superfund clean-up costs if they caused the contamination or if they owned the property while it was contaminated, whether or not they knew of the contamination.

Accepted Answer

The answer of All present and former owners of contaminated...

Question 6

An approved SIP is treated as both state and federal law, enforceable by either its state of implementation or the federal government.

Accepted Answer

State Implementation Plans (SIPs) are detailed outlines of how a state intends to implement, maintain, and enforce national ambient air quality standards (NAAQS) as required by the Clean Air Act. Once approved by the Environmental Protection Agency (EPA), SIPs have the force of federal law and can be enforced by both the state and the federal government.

Question 7

The Clean Air Act requires that the standard of performance for new stationary sources that are constructed or modified after the publication of regulations reflect emissions achievable through application of the best available technological system of continuous emission reduction.

Accepted Answer

The Clean Air Act mandates that new or modified stationary sources must meet standards reflecting the emissions levels achievable through the best available technology for continuous emission reduction, ensuring that these sources implement the most effective methods of controlling air pollution.

Question 8

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, but 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 9

If the EPA determines that an SIP is not complete, the EPA must treat it as a nullity in whole.

Accepted Answer

If the EPA determines that a State Implementation Plan (SIP) is not complete, it does not treat the SIP as a nullity in whole. Instead, the EPA may issue a finding of incompleteness and work with the state to address the deficiencies, or it may implement a Federal Implementation Plan (FIP) to ensure compliance with the Clean Air Act requirements.

Question 10

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

Accepted Answer

Governments at various levels have indeed enacted environmental statutes because private causes of action (lawsuits brought by private individuals) often fall short in adequately compensating for or preventing environmental harm. These statutes are designed to provide broader protection and enforcement mechanisms for environmental conservation and safety.

Question 11

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

Accepted Answer

The Clean Water Act imposes both civil and criminal penalties for violations. Criminal penalties can be applied in cases of negligent or knowing violations of the Act, including illegal discharges of pollutants.

Question 12

If, after performing an environmental assessment, a federal agency concludes that an EIS is not required, the agency must engage in "scoping."

Accepted Answer

Scoping is a process used to determine the scope of issues to be addressed in an Environmental Impact Statement (EIS), not after concluding an EIS is not required. If an EIS is not required, the agency typically prepares a Finding of No Significant Impact (FONSI) instead.

Question 13

NEPA imposes the responsibility for maintaining the environment on all federal agencies.

Accepted Answer

The National Environmental Policy Act (NEPA) requires all federal agencies to assess the environmental effects of their proposed actions before making decisions, effectively imposing the responsibility for maintaining the environment on them.

Question 14

In order for Beth to receive a permit for her plastics factory in a nonattainment area, she must show that the factory's emission rates will be within the average range for the industry.

Accepted Answer

Beth must show that her factory will use the lowest achievable emission rate (LAER) technology, not just be within the average range for the industry, to receive a permit in a nonattainment area.

Question 15

To qualify as an innocent landowner under SARA, a person must have, at the time of acquiring the property, asked about the previous ownership and uses of the property.

Accepted Answer

Under the Superfund Amendments and Reauthorization Act (SARA), to qualify as an innocent landowner and potentially avoid liability for contamination, a person must have undertaken an appropriate inquiry into the previous ownership and uses of the property before acquiring it. This includes asking about the property's history and any potential contamination.

Question 16

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

Accepted Answer

In areas designated as Prevention of Significant Deterioration (PSD) areas, any major source or major modification must demonstrate the use of Best Available Control Technology (BACT) for each pollutant subject to regulation under the Clean Air Act. This requirement ensures that the modification will not significantly degrade air quality.

Question 17

A nonpoint source is land use that causes pollution.

Accepted Answer

A nonpoint source is a source of pollution that does not have a single point of origin, such as a factory or a sewage treatment plant. Instead, nonpoint source pollution comes from many diffuse sources, such as agricultural runoff, stormwater runoff, and leaking septic tanks.

Question 18

If, after making an environmental assessment, a federal agency decides no EIS is required, it must make this decision available to the public.

Accepted Answer

This decision is documented in a Finding of No Significant Impact (FONSI), which must be made available to the public to ensure transparency and public involvement in the environmental review process.

Question 19

There is currently a law promoting the purchase, development, and use of industrially polluted property.

Accepted Answer

This refers to "brownfield" redevelopment programs, which are designed to encourage the purchase, development, and use of properties that have been contaminated by industrial or commercial activities. These laws and incentives aim to clean up and repurpose polluted sites, making them safe for new development and use.

Question 20

The Council on Environmental Quality is a four-member advisory group to the EPA.

Accepted Answer

The Council on Environmental Quality (CEQ) advises the President on environmental policy, not the EPA, and it does not have a fixed number of members like a four-member advisory group.

Quiz 45: Environmental Law