CE449 Environmental Compliance, Auditing, and Permitting
For this and the next several questions, look to the Decostar Consent Agreement file that is included in this week's module. What is the amount of the civil penalty that must be paid by the Respondent under the terms of this consent agreement? $377,900 $773,900 $933,700 $399,700
$377,900
During what decade did the dust bowl occur? 1910s 1860s 1830s 1930s
1930s
How many trees were planted between Canada and Abilene, TX after the passage of the Soil Conservation Act to break the wind, hold water in the soil and hold the soil in place to prevent erosion? 75,000 8 billion 200 million 600,000
200 million
5 point question - this will require you to do some digging in volume 2 of the EIS document included in the NEPA module. What is the fuel flow rate in pounds per hour of the F35A when in afterburner? 6,844 21,590 49,038 37,938
37,938
5 point question - this will require you to do some digging in volume 1 of the EIS document included in the NEPA module. Again, using the EIS titled F-35A Operational Beddown - Air Force Reserve Command Environmental Impact Statement, that is contained in the NEPA module - what percentage of AFRC F-35A operations at Whiteman AFB are proposed to take place after 10 PM and prior to 7 AM? 6% 24% 4% 17%
4%
Using the Federal Register notice referenced in the previous question, if you are advising a client on their landfill operations -- According to the federal regulations at Subpart AAAA, at what threshold rate of calculated NMOC emissions on three successive test dates (among other criteria) may the collection and control system be capped, removed or decommissioned if not exceeded? The answer to this question resides in the Federal Register notice in a numbered regulation. 1000 Kg/week 50 Mg/year 100 tons / year 50 lbs/month
50 Mg/year
How extensive was the impact of the dust bowl in 1934 with the blowing of millions of tons of topsoil? -only three states were impacted by blowing dusts -only the entire city of Elkhart, KS was covered by blowing soil -75% of the entire country was impacted by blowing dust -only 12 counties in Oklahoma were impacted by blowing dust
75% of the entire country was impacted by blowing dust
This question is to increase your understanding of the Federal Register and what is contained in the Register. Look to the Federal Register notice for landfills that is included in this module. Open the file and identify the two industrial source categories, by NAICS [North American Industry Classification System] code number, that are affected by this final action. Select the correct answer from the four options below. 876342 and 9312776 924110 and 562212 011429 and 212265 334571 and 903217
924110 and 562212
What is the "preamble" to a federal register publication? A preamble is the part of a rulemaking document, usually published in the Federal Register, that explains the reasons for the regulatory action of a Federal agency. ... The preamble of a final rule contains the statement of "basis and purpose" of a regulation as required by the Administrative Procedure Act. A preamble is the part of a rulemaking document, usually published in the Federal Register, that explains the reasons for the regulatory action of a Federal agency. The preamble of a final rule contains the statement of "basis and purpose" of a regulation as required by the Administrative Rationale Statute. A preamble is the part of a rulemaking document, usually published in the Federal Register, that explains the reasons for the regulatory action of a Federal agency. The preamble of a final rule contains the statement of "basis and purpose" of a regulation as required by the Administrative Regulatory Statute. A preamble is the part of a rulemaking document, usually published in the Federal Register, that explains the reasons for the regulatory action of a Federal agency. The preamble of a final rule contains the statement of "basis and purpose" of a regulation as required by the Federal Regulatory Act.
A preamble is the part of a rulemaking document, usually published in the Federal Register, that explains the reasons for the regulatory action of a Federal agency. ... The preamble of a final rule contains the statement of "basis and purpose" of a regulation as required by the Administrative Procedure Act.
Which of the following are ways that an executive order or memorandum can be terminated? Congress can override A court can overturn none of these are correct All of these are correct President can rescind
All of these are correct
Which of the following are ways that an executive order or memorandum can be terminated? none of these are correct All of these are correct Congress can override A court can overturn President can rescind
All of these are correct
The Erie Doctrine has to do with: Pollution in the Great Lakes. Applying the Federal Rules of Civil Procedure to state cases. Applying federal law to a case in state court. Applying state law to a case in federal court.
Applying state law to a case in federal court.
For this question, look to the Decostar Consent Agreement file that is included in this week's module. What does the term SEP stand for as discussed in this agreement and what is the purpose of the SEP at the Decostar facility? a. superior environmental planning; to reduce the environmental impact of certain wash station operations at Respondent's facility b. standard emission protocol; to reduce the environmental impact of certain smelting operations at Respondent's facility c. supplemental environmental project; to reduce the environmental impact of certain paint coating operations at Respondent's facility d. selective environmental programming; to reduce the environmental impact of certain steel production operations at Respondent's facility
Correct -- supplemental environmental project; to reduce the environmental impact of certain paint coating operations at Respondent's facility; see page 33 of consent agreement
Use the McConnell site Record of Decision document to determine if for the McConnell site following the supplemental investigation that zinc concentrations were above the the KDHE risk based standards as well as the Macdonald Sediment Quality Guidelines probable effect concentrations. True or False love?
Correct! False the answer is false - see section 2.7 first paragraph, on page 2-14 of the ROD.
CERCLA is designed to address problems and redress complaints associated with _________________. If a matter does not involve a CERCLA _________________, it does not fall within the scope of CERCLA. (same term is used in both blanks) hazardous wastes hazardous substances hazardous constituents hazardous materials
Correct! hazardous substances
Under the NEPA statute, what entity was placed in the executive office to assist and advise the president in the preparation of an annual environmental quality report on the progress of federal agencies in implementing the act, on national policies to foster and promote the improvement of environmental quality, and on the state of the environment. Council on Environmental Quality Administrator of the US EPA Council on Environmental Protection Environmental Czar
Council on Environmental Quality
The CEQ is placing new emphasis on the use of the ___________ in order to avoid extensive and duplicative documentation while more effectively integrating key environmental factors in the federal decision making process and opening up the process to outside parties. Environmental Impact Statement Environmental Assessment Subpoena Finding of No Significant Impact (FONSI)
Environmental Assessment
Before an agency's regulations go into effect, the agency need not notify the public that a new rule is pending. True False
False
CERCLA is a nationwide program designed to respond to situations involving the future disposal of hazardous substances. You Answered True Not true, the past disposal of hazardous substances, not future disposal. True or False
False
If it is determined that a proposed federal action, or nonfederal action having sufficient federal involvement, does not fall within a designated categorical exclusion or does not qualify for a FONSI, then the responsible agency or agencies must prepare an environmental assessment. True False
False
TRUE OR FALSE: The Attorneys that work in each of US EPA's regional offices have responsibility for prosecuting environmental violators in the US Federal District Courts. True False
False
EPA has prepared a list of "hazardous substances" and they can be found at 40 CFR Part 355. True False
False The correct section of the code is 40 CFR Part 302, not 355. Correct Answer
The ____________________ Amendment to the US Constitution prohibits compulsory self-incrimination and typically is invoked in criminal cases. Fifth First Sixth Fourth
Fifth
Municipal courts are: Local courts that are run by mayors and justices of the peace. Local courts that are a part of the county court system. Local courts that are a part of the federal court system. Local courts that are a part of the state court system.
Local courts that are a part of the state court system.
How can one tell if a federal regulation has been amended and when it was amended? Look to the federal regulation of concern in the code of federal regulations and at the bottom will be an indication of any amendments and the date of those amendments Look to the implementing statute for authorization and date of amendment decree. Federal regulations are not amended, they are rescinded and then republished. Only Congress can amend a federal regulation and all amendments appear in the Congressional Record.
Look to the federal regulation of concern in the code of federal regulations and at the bottom will be an indication of any amendments and the date of those amendments
Does CERCLA contain a requirement that a specified amount of a hazardous substance be present before a response action can be taken or a party found liable for a release or threat of release of such a substance? Only intermittently It depends No Yes
No, CERCLA does not contain a requirement that a specified amount of a hazardous substance be present before a response action can be taken or a party found liable for a release or threat of release of such a substance?
At the federal level, the agency will publish a "Notice of ___________________". These notices will inform the public about the new rule pending, the reasons that the new rule, or amendment to an existing rule, has been proposed, and how the public may submit comments. Scapa Flow Impending Oversight Proposed Rulemaking Intent
Proposed Rulemaking
Look to the Remedial Investigation / Feasibility Study Report for East Bay Redevelopment found in the CERCLA module for responding to this question. Potentially applicable or potentially relevant and appropriate requirements associated with non-MTCA environmental laws and regulations to be considered for remedy implementation include all of the following except -- -City permit requirements (e.g., grading permit, shoreline management permit). -Coverage under the general construction stormwater National Pollutant Discharge Elimination System (NPDES) permit -Resource Conservation and Recovery Act regulations for waste generation, hauling, and disposal -Solid Waste Management Chapter 107.41 RCW, Functional Equivalency for Solid Waste Handling (WAC 179-704).
Solid Waste Management Chapter 107.41 RCW, Functional Equivalency for Solid Waste Handling (WAC 179-704).See section 4.2.4 on page 4-2
What is the Code of Federal Regulations? The Code of Federal Regulations (CFR) is the codification of the general and permanent rules published in the State Register by the executive departments and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to State regulation. The Code of Federal Regulations (CFR) is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to Federal regulation. The Code of Federal Regulations (CFR) is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of local Government. It is divided into 50 titles that represent broad areas subject to local regulation. The Code of Federal Regulations (CFR) is the codification of the general and permanent rules published in the National Register by the executive departments and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to Federal regulation.
The Code of Federal Regulations (CFR) is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to Federal regulation.
Which of the following is not one of the critical elements of NEPA? The development of enforcement strategies to assure compliance with NEPA applicable regulations The establishment of a Council on Environmental Quality (CEQ) in the executive office of the President The declaration of national environmental policies and goals The establishment of action-forcing provisions for federal agencies to implement those policies and goals
The development of enforcement strategies to assure compliance with NEPA applicable regulations
What is the current trend in NEPA focused upon? The use of an environmental assessment (EA) to conduct a threshold analysis of whether a full EIS is required. The use of an environmental assessment (EA) to conduct a threshold analysis of whether a full FONSI is required. The use of a FONSI to conduct a threshold analysis of whether a full EIS is required. The use of an environmental impact statement (EIS) to conduct a threshold analysis of whether a full EA is required.
The use of an environmental assessment (EA) to conduct a threshold analysis of whether a full EIS is required.
5 point question -- this will require you to do some digging in volume 1 of the EIS document included in the NEPA module. Based upon a review of the attached EIS titled F-35A Operational Beddown - Air Force Reserve Command Environmental Impact Statement, the consultation with the US Fish and Wildlife Service regarding Whiteman Air Force Base determined what? There are many federal listed, threatened, endangered and candidate species and or designated critical habitats existing in the Region of Influence (ROI) near Whiteman AFB, and that impacts will result from implementation of the proposed AFRC F-35A mission in the areas surrounding Whiteman AFB. There are no federal listed, threatened, endangered, or candidate species and/or designated critical habitat occur in the Region of Influence (ROI) near Whiteman AFB, no impacts will result from implementation of the proposed AFRC F-35A mission in the areas surrounding Whiteman AFB. There are designated critical habitat in the Region of Influence (ROI) near Whiteman AFB, and consequently impacts will result from implementation of the proposed AFRC F-35A mission in the areas surrounding Whiteman AFB. There is a federal endangered species in the Region of Influence (ROI) near Whiteman AFB, and there would be impacts resulting from implementation of the proposed AFRC F-35A mission in the areas surrounding Whiteman AFB.
There are no federal listed, threatened, endangered, or candidate species and/or designated critical habitat occur in the Region of Influence (ROI) near Whiteman AFB, no impacts will result from implementation of the proposed AFRC F-35A mission in the areas surrounding Whiteman AFB.
What is the essential purpose of NEPA? To ensure that societal factors are given the same consideration as other factors in decision making by the federal agencies. To ensure that environmental factors are given the same consideration as other factors in decision making by the federal agencies. To ensure that economic factors are given the same consideration as other factors in decision making by the federal agencies. To ensure that political factors are given the same consideration as other factors in decision making by the federal agencies.
To ensure that environmental factors are given the same consideration as other factors in decision making by the federal agencies.
A Constitution is a charter that establishes the government and the rules under which the government must run. True False
True
CERCLA has been roundly criticized by industry as a rigorously strict system that hinders economic growth and penalizes individual companies by requiring them to perform extensive and costly cleanups without regard to when the original disposal took place or the fact that a company may have exercised due care in handling hazardous materials. True False
True
Congress passed the Comprehensive Environmental Response, Compensation and Liability Act, commonly referred to as CERCLA or "Superfund," on December 11, 1980 in response to the perceived gap in environmental protection caused by inactive and abandoned hazardous waste sites. True or False
True
Environmental assessments need to be of sufficient length to ensure that the underlying decision about whether to prepare an environmental impact statement is sound, but should not attempt to be substitute for an environmental impact statement. True False
True
Some states may have their own regulations that are more stringent than the federal regulations, in which case, the state's regulations will control. True False
True
TRUE OR FALSE A consent decree and a consent agreement are not the same. In both cases, there is an initial agreement between the parties, but the consent decree is presented to a judge, whose decision is final and enforceable by law. A consent agreement, on the other hand, is not immediately enforceable by a judge because it was not agreed to under her direct jurisdiction.
True
TRUE OR FALSE Consent decrees are binding on both parties because they agreed to it. That means the decree can't be appealed unless there was fraud by one party, a mutual mistake, or if the court doesn't have jurisdiction over the case.
True
TRUE OR FALSE - A consent decree is a formal agreement (contract) created to resolve a dispute between parties without either party admitting blame. The decree document is a court order that establishes an enforceable plan for some kind of reform. The decree usually includes specific requirements for the organization and deadlines for action. It's a way to come to an agreement, signed by the two parties that has the force of legal approval instead of having a lengthy and costly trial. Of course, the consent decree can't be given unless the parties can agree. A consent decree is no more than a settlement that contains an injunction (a court order to stop doing something).
True
The Constitution both establishes the rules for the functioning of the United States government and sets forth the fundamental freedoms and rights that each person enjoys True False
True
The events at Love Canal and other disposal sites across the nation had convinced Congress that public health and the environment were at peril because of releases of contaminants from uncontrolled dumps. The events at Love Canal and other disposal sites across the nation had convinced Congress that public health and the environment were at peril because of releases of contaminants from uncontrolled dumps. True or False
True
The majority rule is that a person moving into the vicinity of a nuisance by purchasing or leasing property in the area does not in and of itself bar her from complaining in a nuisance action against the continued operation or maintenance of the nuisance. True False
True
When the new federal regulation is codified, it is included in the Code of Federal Regulations. True False
True
hazardous substance is defined in CERCLA by reference to substances that are listed or designated under other environmental statutes to include hazardous wastes under RCRA, hazardous substances defined in Section 311 of the Clean Water Act, toxic pollutants designated under section 307 of the Clean Water Act, hazardous air pollutants under Section 112 of the Clean Air Act, substances designated Section 102 of CERCLA that "may present substantial danger to the public health or welfare or the environment. True False
True
Look to the Remedial Investigation / Feasibility Study Report for East Bay Redevelopment found in the CERCLA module for responding to this question. The primary historical operations of interest for this investigation are the former lumber milling activities and related operations that occurred from the late 1800s to 1972, including lumber sawing, lumber milling, veneer manufacturing, and plywood manufacturing. True or False Hot Hunk?
True See Executive Summary on page ES-1
With the last question still in mind, what is the amendment history of 40 CFR Section 70.5? [93 FR 22395, September 3, 1983, as amended at 126 FR 71438, Feb. 6, 2019] [67 FR 32295, August 18, 1997, as amended at 78 FR 71438, Oct. 6, 2019] [57 FR 32295, July 21, 1992, as amended at 74 FR 51438, Oct. 6, 2009] [133 FR 32295, March 13, 1997, as amended at 155 FR 51438, Oct. 6, 2009]
[57 FR 32295, July 21, 1992, as amended at 74 FR 51438, Oct. 6, 2009]
What is the Federal Register? a monthly publication of the US federal government that issues proposed and final administrative regulations of federal agencies. an annual publication of the US federal government that issues proposed and final administrative regulations of federal agencies. a weekly publication of the US federal government that issues proposed and final administrative regulations of federal agencies. a daily publication of the US federal government that issues proposed and final administrative regulations of federal agencies.
a daily publication of the US federal government that issues proposed and final administrative regulations of federal agencies.
Rylands v. Fletcher, a famous case from the English courts provides a defendant could be liable without regard to fault for property damage resulting from an escaped wild animal on a neighboring property damaging the plaintiff's property. a plaintiff could be liable without regard to fault for property damage resulting from the flooding of a neighboring property where a dam failed on the plaintiff's property. a defendant could be liable without regard to fault for property damage resulting from a detonated explosive on a neighboring property damaging the plaintiff's property. a defendant could be liable without regard to fault for property damage resulting from the flooding of a neighboring property where a dam failed on the defendant's property.
a defendant could be liable without regard to fault for property damage resulting from the flooding of a neighboring property where a dam failed on the defendant's property.
The title of Rachel Carson's 1962 book "Silent Spring" is probably meant to invoke what image? a pool of motionless water a broken clock an unexpected assault a season without birdsong
a season without birdsong
The United States court system can be described as: a federal system a state system a system that is a combination of federal and state laws a system of local laws
a system that is a combination of federal and state laws
In NEPA analysis, the first question is whether a federal agency must prepare an EIS. The EIS requirement is not triggered unless there is a proposal for _________________ by a federal agency. construction legislation action rule development
action
One of the most important features of CERCLA is the creation of the Hazardous Substance Superfund to be used by EPA in cleaning up hazardous waste sites. The Superfund is created by taxes imposed upon - all of these are correct petroleum industries an environmental tax on corporations chemical industries general tax revenue none of these are correct
all
What is/are example(s) of beneficial farming practices that were introduced to enhance soil conservation and prevent erosion? all of these none of these strip farming crop rotation contour plowing terracing
all of these
At the federal level, administrative regulations are published and updated annually where: all of these are correct none of these are correct The Code of Federal Regulations which are the main source of regulatory laws The List of Sections Affected, which are brief summaries of affected sections of federal law The Federal Register, which are detailed explanations of the regulations
all of these are correct
Each of the major federal environmental statutes provides an array of enforcement sanctions to compel compliance with its mandates. Generally, these enforcement provisions include which of these? administrative orders to respond to or abate violations, enforceable by civil and criminal sanctions all of these are correct civil actions for relief, including prohibitions or mandatory injunction enforced by judicial decree citizens' suit actions to compel compliance with or collect damages for violation of the statute none of these are correct administrative penalties imposed by agencies for various violations
all of these are correct
The courts may act only on actual "cases" or controversies," which means: all of these are correct cases must be ripe for decision such that the issues to be tried must be concrete and focused, and must not be premature and abstract parties must have standing to sue none of these are correct moot questions cannot be decided the executive and/or legislative branches must have issued a final decision on the matter at issue advisory opinions cannot be issued
all of these are correct
Which of the following statutes have been adapted to the prosecution of crimes which are essentially environmental in nature? all of these are correct Mail Fraud Statutes 18 USC 1341, 1343 Criminal Aiding and Abetting 18 USC 2 Prohibitions against False Statements to the Federal Government 18 USC 1001 Conspiracy Laws 18 USC 371 none of these are correct
all of these are correct
Look to the Remedial Investigation / Feasibility Study Report for East Bay Redevelopment found in the CERCLA module for responding to this question. Where was the highest concentration of dioxin/furans found at this site? boiler house and power house area tar dipping tanks transformers welding shop and machine shop blacksmith shop
boiler house and power house area See section 3.3.3. on page 3-6.
Strict liability is a common law theory often applied by the courts in environmental cases to remedy environmental harm both answers are correct neither answers are correct provides that liability for damages to persons or property can be imposed without requiring a showing of negligence
both answers are correct
Personal jurisdiction can be: both of these In rem neither of these In personam
both of these
To answer this question you will need to open the file titled Code of Federal Regulations in this weeks module. When is a new affected source landfill required to comply with Subpart AAAA of the National Emission Standards for Hazardous Air Pollutants? the date that the first load of solid waste is delivered to the facility -when mandated in a written permit issued by the US EPA Regional Administrator -by the date the landfill in required to install a collection and control system by 40 CFR 60.752(b)(2) of subpart WWW -immediately pursuant to the requirements of 40 CFR 63.809(b)(4)(iii)
by the date the landfill in required to install a collection and control system by 40 CFR 60.752(b)(2) of subpart WWW
How are nuisance actions often decided? assessing the inequities of the jurisdictional precedents Through forfeiture of the offending property none of these are correct by weighing the impact of the injuries to respective parties involved in litigation.
by weighing the impact of the injuries to respective parties involved in litigation.
The least amount of documentation is required for actions that fit into a ________________________. none of these are correct environmental assessment categorical exclusion environmental impact statement
categorical exclusion
What is the term for an agency identified category of actions which "do not individually or cumulatively have a significant effect on the human environment and which have been found to have had no such effect in past instances." procedural oversight environmental impact statement categorical exclusion environmental assessment
categorical exclusion
Ninety to 95 percent of most federal agency actions are classified as _______________not requiring an EA or EIS. passive categorical exclusions impossible environmental enhancements
categorical exclusions
Look to the Remedial Investigation / Feasibility Study Report for East Bay Redevelopment found in the CERCLA module for responding to this question. Potential contaminant sources at this site include all of the following except? oil house cement kiln transformers welding shop lumber milling
cement kiln See list of potential contaminant sources at section 2.4 on page 2-4.
Judge-made law, known as case law, is also sometimes referred to as the "______________." statutory law common law judicial law legislative law
common law
Using the document in the CERCLA module titled SS028 Titan II Missile Site 7, Record of Decision, McConnell AFB, Kansas - Performance Based Remediation what potential sources and migration pathway was not sampled? silo sump discharge area nearby residential wells former diesel underground storage tank former fuel and oxidizer dump tanks current transformer area
current transformer area
1 point question - this will require you to do some digging in volume 2 of the EIS document included in the NEPA module. Sonic booms from air combat training activity typically have a(n) ______________ pattern. The long-term average noise exposure and where the booms occur also tend to be in a(n) ___________ shape. (same term in both blanks) elongated parabolic elliptical
elliptical
A ______________________ is used as a screening document to determine whether an agency must prepare an environmental impact statement or make a finding of no significant impact. environmental analysis federal remedial investigation report a feasibility assessment environmental assessment
environmental assessment
Although NEPA's provisions apply only to ______________ agencies, the pervasiveness of federal decisions affecting state and local matters as well as private actions makes NEPA an issue for many. An applicant should have a direct interest in the successful completion of an agency's EIS so as to avoid potentially time consuming and expensive litigation. local federal international state
federal
There are two primary judicial systems in the United States: (1) the state and local courts, established in each state under the authority of the state government; and (2) the ________ courts, set up under the authority of the U.S. Constitution by the Congress of the United States. international federal local municipal
federal
A(n) ___________________ may serve both a screening function (i.e., evaluating evidence supporting possible charges to determine whether an indictment should be returned based on probable cause) and an investigative function (i.e., developing information that is of value to determining whether grounds for a charge exist). investigatory team grand jury petit jury screening panel
grand jury
NEPA's action forcing provision, section 102(2)(C), requires that an EIS shall be "include[d] in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the ________________________." human environment proposed legislation development project human condition
human environment
What were the major factors leading to the dust bowl? -lack of rain and the type of conventional tillage that was taking place on an extensive acreage -the wholesale killing of the locust and jackrabbits that helped to retain the soil in place -extensive use of pesticides -excessive flooding that deposited soil in areas prone to high winds
lack of rain and the type of conventional tillage that was taking place on an extensive acreage
The federal government is a government of ___________ authority, which may act only through the exercise of the enumerated powers granted to it under the Constitution. robust extensive limited unlimited none of these are correct
limited
There are at least two key words that require definition in the threshold determination of NEPA application -- one must determine whether the federal action is _______________ and ________________ the quality of the human environment. sane, denigrates major, significantly affects substantive, degrades critical, impacts
major, significantly affects
The requirements of NEPA are _______________ for federal agencies and over the years have been a major force in reforming agency decision making processes. NEPA contains largely _______________ requirements that are supplemental to existing statutory responsibilities of the federal agencies. (fill in both blanks) mandatory, procedural optional, procedural mandatory, substantive optional, substantive
mandatory, procedural
Legal research sources are divided into what categories: secondary tertiary only primary and secondary none of these are correct primary
only primary and secondary
EPA has developed _____________________ to provide guidance to EPA personnel in determining an appropriate penalty to assess against an alleged violator. These ______________ were developed to clarify or make more concrete the statutory language and to provide guidance to agency officials in the application of permissible statutory discretion in enforcement. penalty policies penalty matrices permit criteria guidance directives
penalty policies
This commonly released substance is excluded from the definition of a hazardous substance. carbon monoxide ammonia asbestos petroleum, including crude oil and fractions thereof
petroleum, including crude oil and fractions thereof
The courts have found that the due process requirements of the Fifth and Fourteenth Amendments of the US Constitution impose certain restraints on a state government's inherent ________________. The ________________ of the state has been generally construed as the power to pass laws for the health, welfare, morals, and property of the people within its jurisdiction. police power legislative intent regulatory mandate risk avoidance
police power
The courts have found that the due process requirements of the Fifth and Fourteenth Amendments of the US Constitution impose certain restraints on a state government's inherent ________________. The ________________ of the state has been generally construed as the power to pass laws for the health, welfare, morals, and property of the people within its jurisdiction. (same term in both blanks) regulatory mandate risk avoidance legislative intent police power
police power
State statutes are enacted by state legislatures and apply only within the state. Though they regulate activity within a state, they must give way to federal statutes in cases of conflict. The United States Constitution's "supremacy" clause, Article VI, Clause 2, provides that the Constitution and the federal laws are "the supreme Law of the Land." State statutes that conflict with federal law are "____________." invalidated preempted defunded consumated
preempted
While state and local governments have broad police powers to do what is necessary to protect the health and safety of their citizens, their authorities may be displaced where a scheme of federal regulation, pursuant to enumerated authority, ____________ the field of regulation and precludes the further exercise of state and local authority. dissolves invalidates vacates preempts
preempts
While state and local governments have broad police powers to do what is necessary to protect the health and safety of their citizens, their authorities may be displaced where a scheme of federal regulation, pursuant to enumerated authority, ____________ the field of regulation and precludes the further exercise of state and local authority. preempts invalidates dissolves vacates
preempts
The strategy for successful compliance with NEPA's provisions is achieved by integrating environmental awareness and environmental factors early in the planning and decision making process. Recognizing that NEPA is largely a __________________ statute, compliance with its provisions call for planning and analysis that fully consider and document on a timely basis the environmental considerations and ______________ to the proposed action. procedural, incentives substantive, economic impediments procedural, alternatives substantive, improvements
procedural, alternatives
The scoping process is the first opportunity for the agency to involve the _____________ by describing the agency's planning efforts to address the needs identified and to solicit comments on the scope of actions, alternatives, and impacts that need to be considered. Department of the Interior Council on Environmental Quality public EPA
public That is the role of the EIS. An environmental assessment (EA) is done to determine whether or not an action is a "major federal action significantly affecting the quality of the human environment." The Council on Environmental Quality (CEQ) regulations do not say much about the content of an EA, but they do contain a substantial definition of what it means to have a "significant" impact. This can be used to structure the EA analysis. The EA is supposed to be "brief but thorough." It is not supposed to be "encylopedic," nor is it supposed to be a "mini-EIS" (environmental impact statement), though many are. It can be, and often is, the context in which other authorities, such as Section 106, are addressed. The EA leads either to the decision to do an EIS or to a Finding of No Significant Impact (FONSI). The FONSI is published for public review and comment. Some courts have found that it is okay for a FONSI to include an agency's committment to mitigation measures that will, if implemented, bring the impacts of the project down below a significant level. Such FONSIs are referred to as "mitigated FONSIs."
The NEPA statute makes ________________ in the process an essential element in ensuring informed decision-making at the federal level. Section 102(2)(C) requires that "[c]opies of the [EIS] and the comments and views of the appropriate Federal, state and local agencies, which are authorized to develop and enforce environmental standards, shall be made available to the President, the Council on Environmental Quality and the public as provided by [the Freedom of Information Act]." public involvement EPA involvement EPA oversight judicial involvement
public involvement
When a court uses rulings from prior cases to reach a decision, it is abiding by the principle of ____________________. Res Ipsa Loquitur stare decisis nunc pro tunc pro se
stare decisis
For this question, look to the Decostar Consent Agreement file that is included in this week's module. Which of the following does the EPA allege that Decostar violated? -failed to perform a dilution analysis at the primary outfall -failed to install emission control devices on their furnace stacks -stored waste without a RCRA permit or interim status, because Respondent failed to meet a condition of the large quantity generator LQG permit exemption set forth in Georgia -discharged solvent to the Mississippi river
stored waste without a RCRA permit or interim status, because Respondent failed to meet a condition of the large quantity generator LQG permit exemption set forth in Georgia
Nuisance is defined as interference with the possession of property that activity which arises from the reasonable, warranted, or lawful use by a person of his own property, working a project and producing such material prosperity that the law will not presume resulting damage. that activity which arises from the unreasonable, unwarranted, or unlawful use by a person of his own property, working an obstruction or injury to the right of another or to the public, and producing such material annoyance, inconvenience, and discomfort that the law will presume resulting damage. that activity which arises from the unreasonable, unwarranted, or unlawful use by a person of his own property, working an obstruction or injury to the right of another or to the public, and producing such material annoyance, inconvenience, and discomfort that the law will not presume resulting damage.
that activity which arises from the unreasonable, unwarranted, or unlawful use by a person of his own property, working an obstruction or injury to the right of another or to the public, and producing such material annoyance, inconvenience, and discomfort that the law will presume resulting damage.
The President can draw on ____________________ (how many) sources to issue an executive action (an executive action is an executive order or memorandum). six three four two
three
The purpose of the Environmental Assessment document included in the NEPA module includes all of the following except - to present the findings for public input to identify the potential for environmental impacts to the natural and manmade environment as a result of the construction and operation of the proposed project to provide sufficient information to serve as a record for environmental approvals and consultations as required by law to evaluate the proposed improvement alternatives in terms of the project needs and objectives to comply with the state Administrative
to comply with the state Administrative
Trespass to land is defined as unlawful, forcible entry on another's realty a type of liability that can be imposed without a showing of negligence an injury to or interference with the possession of personal property, with or without the exercise of personal force an omission to do something which a reasonable person, guided by those ordinary considerations which ordinarily regulate human affairs would do or the doing of something which a reasonable and prudent person would not do.
unlawful, forcible entry on another's realty
Several of the federal environmental laws specifically authorize EPA to conduct ________________of regulated facilities. thermal imaging overflights warrantless searches total shutdown
warrantless searches
