Outline Flashcards

Question

NEPA Requirements

Answer 1

1. EIS-detailed analysis of the proposed action, its environmental consequences, and reasonable alternatives. 2. EA-a more concise analysis that determines if a project will have a significant impact on the environment. 3. Consideration of alternatives-examination of different project designs, locations and techniques that may have lesser environmental impact or better achieve the projects objectives. 4. Public Participation-Opportunity to review and comment on draft EIS and EA. 5. Cumulative Impact Statement-evaluation of the incremental effects of a proposed action when combined with other past, present, and reasonably foreseeable future actions. 6. Council of Environmental Quality (CEQ) Regulations-work in t he development of environmental and energy policies and initiatives.

Answer 2

Clean Water Act. Regulates discharges of pollutants into U.S. waters, and regulates quality standards for surface waters.

Answer 3

Navigable waters connected from the surface.

Answer 4

Test that clarifies if wetlands, are subject to the Clean Water Act based on their ecological and hydrological connections with navigable waters. (previous test before "surface" waters)

Answer 5

Rule that the use of the significant nexus test is incorrect and the connections between wetlands and navigable waters must be from the surface.

Answer 6

Discrete Identifiable source of pollution from which pollutants are discharged.

Answer 7

Diffused Pollution that comes from many different sources, rather than a single point. Examples: run-off waters, snowmelt

Answer 8

Limit or maximum amount of pollutants discharged from a point source.

Answer 9

Water quality standards Anti-degeneration policy Triennial review Public participation Approval and review by the EPA Compliance and enforcement

Answer 10

Enforce and prohibits unpermitted discharges of dredge and fill in wetlands. Ensures no-net loss (when wetland is damaged, mitigation process required to bring wetland to the state it was before).

Answer 11

Total Maximum Daily Loads For impaired bodies of water. Action plans restore clean waters Impaired water = water contaminated by pollutants calculations that determine the maximum amount of a pollutant that can enter a body of water while still meeting water quality standards.

Answer 12

It depends. If the agencies actions are inconsistent and unreasonable with the statute. Engage in informal rule making process.

Answer 13

National Pollutant Discharge Elimination System A permit program that controls water pollution by regulating point sources that discharge pollutants into waters of the U.S.

Answer 14

Permitting Regulatory Requirements Compliance and Monitoring Enforcement Stormwater Management State Implementation

Answer 15

1. whether statute is clear and unambiguous. If there's no ambiguity, the court analyzes whether the agency followed the clear meaning of the statute from an objective standpoint. 2. If statute is ambiguous, court must defer to agencies interpretation, assuming it is reasonable.

Answer 16

Under the CWA, the "waters of the U.S." includes only relatively permanent, standing or flowing bodies of water and does not include lands only intermittently saturated by water.

Answer 17

Federal law that regulates all sources of emissions. It is intended to reduce and control air pollution nationwide.

Answer 18

National Ambient Air Quality Standards Maximum amount of pollutants averaged over a specified period of time that can be present in outdoor air without harming public air. Regulate criteria pollutants

Answer 19

Ozone-ground level Nitrogen Carbon Monoxide Sulfur Dioxide Particulate Matter (PM) Lead

Answer 20

1. Primary Standards-protect public health 2. Secondary Standards-protect plants, forests, crops, etc.

Answer 21

State Implementation Plan Primary legal mechanism by which states participate in fulfilling the goals of CAA. -Plan created by states to show how NAAQS requirements will be met, maintained and enforced. -Required to designate areas as: 1. Attainment areas 2. Non-attainment areas 3. Unclassified areas

Answer 22

Area that meets NAAQS

Answer 23

Area that does not meet NAAQS

Answer 24

non-contaminated air

Answer 25

Best Available Control Technology technology-based standard required for new major or modified sources in attainment areas.

Answer 26

Best Available Retrofit Technology Updating current technologies that you have.

Answer 27

Market based program to regulate greenhouse gases. Allocates annual allowances to the operators of affected units. Annual allowance: One ton of sulfur dioxide. To stay within one ton allowance, facility can purchase additional allowances from facilities that wont reach the one ton limit.

Answer 28

Carbon Capture and Sequestration Process of capturing carbon dioxide (CO2) emissions and storing them away from the atmosphere.

Answer 29

Federal Implementation Plan Air plan developed by EPA to help states attain or maintain NAAWS for criteria pollutants. If state fails to create SIP, EPA will create a FIP for the state.

Answer 30

Non-moving sources such as power plants, chemical plants, oil refineries, manufacturing plants, etc.

Answer 31

New Source Review Permit when a new facility is constructed, or an existing facility under goes a major modification that will cause signifiant increase in emissions. If facility will stay within limit; you will only need this permit; if not: PSDNSR.

Answer 32

Prevention of Significant Deterioration New Source Review When facility is going to exceed air quality standards.

Answer 33

Best Available Control Technology-best emission control technology or technique that is available for a process, considering feasibility and economical reasonableness. Air Quality Analysis-determine whether new pollutant emission from the source will cause or contribute to NAAQS violation.

Answer 34

New Source Performance Standards Technology-based standards set by EPA for non-criteria pollutants emitted from new or modified stationary sources. Also apply to stationary sources that are not major.

Answer 35

-Not criteria pollutants that present or may present a threat of adverse human health (like cancer) or adverse environmental effects. -All facilities that produce hazardous air pollutants are subject to NESHAP.

Answer 36

National Emission Standards for Hazardous Air Pollutants Standards set to provide safety to protect public health.

Answer 37

Toxic Substances Control Act Regulate chemical substances or combination of substances that result in chemical reaction which present an unreasonable risk of injury to health or environment. Gives EPA authority to: -screen new chemicals not listed by EPA -require testing that may present risk to human health or environment

Answer 38

Pesticides Tobacco and tobacco products Radioactive Materials Food, food additives, drugs, cosmetics

Answer 39

Inventory of chemicals regulated by TSCA Requires every chemical manufacturer and importer to notify EPA of each chemical substance it manufactured or imported.

Answer 40

Confidential Business Information -Chemical identity, production volume, and specific manufacturing process may be sensitive and proprietary to businesses. -If EPA grants CBI protection, the agency will keep the information confidential and use it for specific regulatory purposes. -EPA may need to disclose the CBI to certain individuals and organizations (state, health officials)

Answer 41

Standing Notice Requirement Remedies Government Involvement

Answer 42

Premanufacture Notification Program Must be filed with EPA before manufacturing or importing new chemicals. EPA requires -common name of substance -chemical identity and molecular structure -estimated production levels -proposed use and method of disposal -levels of exposure

Answer 43

Solid waste, which due to its quantity, concentration or characteristics, may cause serious illness or create a threat to human health of the environment if its not properly disposed of or managed.

Answer 44

any discarded material, which includes material that is abandoned, recycled, or waste-like.

Answer 45

Resource Conservation and Recovery Act Regulates the ongoing generation, transportation, storage treatment, and disposal of hazardous waste. **Prevents contamination**

Answer 46

1. Hazardous waste by EPA 2. Exhibits hazardous waste characteristics

Answer 47

1. Ignitability 2. Corrosivity 3. Reactivity 4. Toxicity

Answer 48

Poses a fire hazard during routine management

Answer 49

has the ability to corrode standard containers or dissolve toxic components or other waste

Answer 50

has the tendency to explode under normal conditions, to react violently with water, or to generate toxic gases

Answer 51

exhibits the presence of one or more specified toxic materials

Answer 52

F-listed = waste from industrial processes K-listed = waste from certain industries known to be hazards P-listed = commercial chemical products that are hazardous U-listed = discarded commercial chemical products

Answer 53

Treatment, Storage, and Disposal Facilities Hazardous waste facilities that treat, store, and/or dispose of waste are called treatment, storage, and disposal facilities

Answer 54

Not classified as hazardous waste, but may still be subject to certain management requirements. In the industrial sector, non-hazardous waste is often generated during the production of goods and services.

Answer 55

Comprehensive Environmental Response Compensation and Liability Act Regulates the cleanup process when hazardous wastes have been improperly disposed and have caused damage **Retrospective. Focus on sites that has existing contamination.**

Answer 56

1. Promote cleanup hazardous waste sites. 2. Ensure that costs of such cleanup efforts were borne by those responsible for the contamination.

Answer 57

-A release -Of a hazardous substance -Into the environment

Answer 58

Potentially Responsible Parties Any “person” who may be held liable for the costs of cleaning up hazardous substances released into the environment.

Answer 59

-Current and Former Owners and Operators -Generators and Transporters -Arrangers for Disposal -Accepters of Hazardous Substances -Corporate Officers and Directors

Answer 60

1. BFPP-Bonafide Prospective Purchaser 2. Innocent Landowner 3. Contiguous Property Owner 4. Act of God or Act of War 5. Third Party Defense

Answer 61

Bonafide Prospective Purchaser Person must: 1) not be potentially liable for contamination on or at a property; 2) acquire the property after 2002; 3) establish that all disposal of hazardous substances occurred before the person acquired the facility; 4) make all appropriate inquiries into previous ownership

Answer 62

Ecological terrorism, protestors. If third party comes and is responsible, you're not liable.

Answer 63

conducted all appropriate inquiries prior to purchase and complied with other pre- and post-purchase requirements. Ignorance alone does not qualify.

Answer 64

Owners of property that is contingent, located nearby or adjacent to contaminated sites. If you show the property next to you was the reason your property was contaminated and you didn't know, you won't be liable.

Answer 65

Release of hazardous waste were caused by natural disasters. You took every possible precaution. It is unforeseen, inevitable.

Answer 66

Gases in the earth's atmosphere that trap heat.

Answer 67

-technical and financial support -economic incentives -regulatory standards at all levels of government -cap and trade based regulations

Answer 68

the variety of life in the world or in a particular habitat or ecosystem.

Answer 69

Habitat loss and fragmentation Deforestation Climate change Pollution Over exploitation Invasive Species Genetic Pollution Disease and Pathogens

Answer 70

Endangered Species Act Protect and conserve endangered and threatened species and the ecosystems they depend on.

Answer 71

Fish and Wildlife Service National Marine Fisheries Service

Answer 72

-Listing and Recovery -Critical habitat protection -Prohibition of harm -Consultation and Cooperation -Recovery planning and implementation -Public participation and education

Answer 73

1. Petition and Evaluation 2. Candidate Assessment 3. Listing Decision 4. Final Listing 5. Recovery Planning and Implementation

Answer 74

Prohibits: 1.harassing, hunting, shooting, capturing, trapping, killing, collecting, wounding, harming, or pursuing an ESA-listed species, or attempting any of these activities. 2.Interstate and International Commerce-possessing, selling, delivering, carrying, transporting, or shipping endangered species or plants. 3. Prohibition of Harm to Critical Habitats Also provides penalties and enforcement

Answer 75

ITP Incidental Take Permit Incidental take is an unintentional, but not unexpected. Occurs as a result of a lawful activity. For example, incidental take could occur during resource extraction, commercial development, or energy development

Answer 76

Obtaining an ITP -Habitat Conservation Plan -U.S. Fish and Wildlife Service and -National Marine Fisheries Service -Evaluation Process

Answer 77

Polychlorinated biphenyls (PCBs) are toxic, persistent manmade chemicals that were widely used as an oil additive in electrical equipment and as a plasticizer in building materials. Congress banned the manufacture and use of PCBs in 1978.