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Environmental Law > Exam 2 > Flashcards

Exam 2 Flashcards

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1
Q

What technologies are associated with air pollution control? What do they control/remove?

A
  1. Lime slurry (controls pH)
  2. Bag house (controls particles)
  3. Electrostatic precipitator (removes metals)
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2
Q

What are the 6 criteria pollutants?

A
  1. Ozone
  2. Particulate matter
  3. Carbon Monoxide
  4. Nitrogen Oxides
  5. Sulfur Dioxide
  6. Lead
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3
Q

Sources of pollutants?

A
  • Primary Pollutants
  • Secondary Pollutants
  • Fugitive Emissions
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4
Q

What are fugitive emissions?

A

Pollutants released into air from equipment, etc.

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5
Q

What are primary air pollutants?

A

Emitted directly into the air, point source (i.e. smokestack)

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6
Q

What are secondary air pollutants?

A

Pollutants that synthesize/react with atmosphere (i.e. ozone & acid rain)

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7
Q

What is the goal of the Clean Air Act? (Air Permitting)

A

Prevention of significant deterioration of existing air quality. (EXCEPT Non-Attainment Area)

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8
Q

What is a Non-Attainment Area?

A

Lowest achievable emissions rate (air quality is worse than NAAQS)

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9
Q

Facility? (Air pollution control)

A

Discrete or identifiable structure, device, item, equipment or enclosure that constitutes or contains a stationary source other than emissions control equipment.

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10
Q

What is an MSDS?

A

Material safety data sheet

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11
Q

What important info comes from an MSDS?

A
  • EPA registration #

- Chemical formulation

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12
Q

Modification? (Air polution control)

A

Any physical change in, or in the method of operation, of a facility that increases the amount of any air contaminant emitted by the facility into the atm

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13
Q

Representations? (Air pollution control)

A

NSR permits are issued based upon information provided in the Application. Hence, all representations contained in the application are enforceable.

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14
Q

What are primary air pollution standards concerned with?

A

Protecting health of population (elderly and children)

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15
Q

What are secondary air pollution standards concerned with?

A

Protecting aesthetics

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16
Q

Does the facility require a NSR Title V Permit?

A

Permit specifically designed for you (hardest to get, most expensive). Title V permits may emit hazardous air pollutants (HAP)

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17
Q

Does the facility qualify for a Permit by Rule?

A

1 permit for all (cheapest, easiest to get), does not make a sig. contribution of contaminants to atm. ((Comply with your rules))

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18
Q

Does the facility qualify for a Standard Permit?

A

Individual, industry specific

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19
Q

Does the facility qualify as a de minimis facility?

A

Does not have a permit but emits (no unacceptable impact to public health), register only

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20
Q

New Source Review (NSR)?

A
  1. ) Ensure air quality is not significantly degraded
  2. ) Assure emissions will be reduced or eliminated
  3. ) Review must occur before construction
  4. ) Issue permit based upon applicable state and fed rules and BACT impacts review
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21
Q

Purpose of police power in land use regulation? What are they really trying to do?

A

Promote public (health, safety, welfare, aethetics); keep property values up

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22
Q

Where does money come from for zoning?

A

Taxes

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23
Q

What is the reason for regulating one’s land use?

A

Public health and welfare

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24
Q

Types of zoning? Which is the most common*?

A
  1. ) Euclidean*
  2. ) Incentive
  3. ) Form Based
  4. ) Performance
  5. ) Modular
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25
T or F, HOA can foreclose your house.
True
26
Water rights? Which one does Texas use*?
- Prior Appropriations* (1st person to take a quantity of water from a water source for beneficial use) - Riparian (owner of land bordering a stream or river has the legal right to use the water)
27
Most beneficial use of state water?
Domestic and municipal uses
28
T or F, groundwater is considered state water.
False, groundwater is NOT state water.
29
When does water become state water?
When it reaches the ground
30
How do I get a permit to use state water?
File an application with TCEQ; Buy/inherit one
31
Environmental flow vs return flows?
- Env. flow maintain sufficient water for ecosystem | - Return flows is water put back into another body of water
32
Miscellaneous state water issues?
1. ) Return flows 2. ) Environmental flow 3. ) Waste (water is not put to beneficial use) 4. ) Bed and Banks Permit (transport water, give 100k take 100k) 5. ) Conjunctive use (using two sources of water, i.e. well and groundwater)
33
What is the permit for a stream that you want to pick it up and put it somewhere else?
Bed and Banks Permit
34
A river is running dry, who gets to use it? (Most important thing when you have a water rights permit*) What use does not require a permit?
- First in time is first in right, priority date* | - Domestic and Livestock Use
35
What is groundwater?
Any water percolating below the surface of the earth
36
How do we protect groundwater?
1. ) Sue 2. ) Groundwater districts (enforce) 3. ) Groundwater Management Areas (regulate its use) 4. ) TCEQ under Chapter 26 of the Water Code (regulate to an extent, protect from pollution)
37
What is an artesian well?
A confined aquifer containing groundwater under positive pressure
38
What is the Rule of Capture?
First person to reduce the resource to possession owns it (producer owns it)
39
3 components of water quality standards?
1. ) Designated uses - contact and non contact recreation/drinking use 2. ) Water quality criteria - testing 3. ) Anti-degradation policy - what is being done to maintain
40
What two things add up to TDML?
- Waste load allocation (point source) | - Load allocation (non point)
41
NPDES components?
1. ) Industrial discharges 2. ) POTW's (Publicly Owned Treatment Works) 3. ) CAFO's (Concentrated Animal Feeding Operation) 4. ) Application of aquatic pesticides
42
What is a 303(d) list?
A water quality impaired stream segment (nonattinment)
43
What are effluent limitations?
How much you can discharge
44
What is a mixing zone?
Point where discharge mixes with river (receiving water)
45
What is the main goal of the Clean Water Act?
To maintain existing water quality
46
What are the 2 main methodologies for cleaning up water? (waster water treatment)
1. ) Pond system - Time, natural process, lower cost | 2. ) Activated sludge - Helps digest
47
Testing requirements for safe drinking water?
1. ) Microbial - At least 5 times a week 2. ) TTHM - tested/collected quartely (must be below 0.8 ppm) 3. ) Chemical - tested on 3 yr cycle
48
What are reasonable and necessary expenses based on? (Just and Reasonable Rates)
What local market pays for service (i.e. property taxes, electricity)
49
Rate of return on invested capital? (Just and Reasonable Rates)
Potential profit
50
How much water can you impound without a permit, and for what purposes?
200 acre-feet; livestock and domestic uses
51
Non-attainment areas?
Non Attainment for Ozone 0.075 ppm/8hr Serious: 0.100 - 0.113 ppm/8hr Severe: greater than 0.113 - 0.175 ppm/8hr Extreme: greater than 0.175 ppm/8hr
52
Waste water treatment facilities? Advantages?
Big = overall better water quality (cost effective, less tss)
53
What makes a species more likely to become endangered?
Size, gestation period/reproductive rates, reductions in range
54
What is biodiversity?
Variety and variability among living organisms
55
How do we end up with biodiversity?
Random variations, natural selection
56
What is categorical exclusion? (NEPA)
No significant effect on the human environment | EA and EIS is NOT required
57
Council on Environmental Quality?
Advisory body
58
What is the name of an agenecy that has to take the action? (NEPA)
Lead agency
59
All agencies involved in NEPA?
Cooperating agency
60
What is a conservation easement?
Voluntary, agreement between property owner and qualified conservation org. to restrict use of land
61
Substantive requirement of NEPA?
There isn't really one, but must go through process
62
Emergency exemption from NEPA?
1. ) Consult with the CEQ on alternatives 2. ) Necessary to control immediate impact 3. ) Time and Extent
63
Main method for preserving biodiversity in the U.S.?
Endangered Species Act - U.S. Fish and Wildlife - National Marine Fisheries Service
64
Why is biodiversity important?
- Utilitarian, Ecological | Overall health of a pop. and its ability to survive (Tolerance)
65
Safe harbor agreement?
Voluntary, property owners contribute to the recovery of a listed species
66
Process for listing a species as endangered or threatened?
Formal petition supported by biological data - Agency has 90 days to make a finding, then undertakes a 1 year review to determine if warranted. - States can eliminate the need for listing
67
What is a critical habitat?
Areas essential to conservation of a listed species (protected even if not in critical habitat)
68
What does FIFRA stand for?
Federal Insecticide Fungicide Rodentia Act
69
What does the EPA consider and NOT consider?
Considers environmental fate and human health. Does NOT consider efficacy (market will take care of it)
70
Incidental take permit?
Some stuff may be incidentally destroyed while attempting to enhance particular species
71
Habitat conservation plan?
State level to protect critters that will eliminate from endangered list
72
Enhancement of Survival Permit?
Trying to do something beneficial to species
73
Recovery and Interstate Commerce Permit?
Transport endangered species to new location for establishment (promote biodiversity)
74
What is the hope at the end of an EIS?
Ending in a FONSI (Finding of no significant impact)
75
Environmental impact statement, inhouse vs third party?
Third party, cheaper and you have more control over
76
Process of an EIS?
1. ) Need for the project 2. ) Alternatives to the project 3. ) Env. impact of proposed project/alternatives 4. ) Listing of agencies and persons consulted

Environmental Law (2 decks)

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