Question 1

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

Accepted Answer

The Clean Water Act allows for both civil and criminal penalties for violations, including fines and imprisonment for serious offenses.

Question 2

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 pipe or a smokestack. Instead, nonpoint source pollution comes from many diffuse sources, such as agricultural runoff, stormwater runoff, and leaking septic tanks.

Question 3

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

Accepted Answer

An approved State Implementation Plan (SIP) becomes enforceable under both state and federal law, allowing either the state or the federal government to enforce its provisions.

Question 4

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 a Prevention of Significant Deterioration (PSD) area, the Clean Air Act requires facilities to use the Best Available Control Technology (BACT) to minimize emissions when obtaining permits for modifications.

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

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

Accepted Answer

The answer of Under the Superfund Recycling Act of 1999,...

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 performance standards that reflect the best available technology for continuous emission reduction.

Question 8

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

To qualify as an innocent landowner under the Superfund Amendments and Reauthorization Act (SARA), a person must conduct "all appropriate inquiries" into the previous ownership and uses of the property before acquiring it.

Question 9

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 have enacted environmental statutes because private legal actions alone were insufficient to address and prevent environmental harm effectively.

Question 10

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

Accepted Answer

The Council on Environmental Quality (CEQ) is part of the Executive Office of the President and advises the President on environmental policies, not specifically a four-member group advising the EPA.

Question 11

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 treat an entire plant as a single source for emissions, enabling flexibility in managing pollution control across different units within the plant.

Question 12

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

Federal agencies are required to make a Finding of No Significant Impact (FONSI) available to the public if they determine that an Environmental Impact Statement (EIS) is not necessary.

Question 13

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

In a nonattainment area, stricter regulations apply, and Beth must demonstrate that her factory's emissions will not exceed the lowest achievable emission rate (LAER), not just the industry average.

Question 14

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

Accepted Answer

The National Environmental Policy Act (NEPA) requires federal agencies to assess the environmental effects of their proposed actions prior to making decisions, thus imposing environmental responsibilities on them.

Question 15

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 has the authority to enforce environmental laws, which can include seeking criminal penalties such as fines and imprisonment for serious violations.

Question 16

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 under the EPA that regulates water pollution by controlling the discharge of pollutants into U.S. waters.

Question 17

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

Accepted Answer

The Prevention of Significant Deterioration (PSD) program allows areas to be classified differently for different pollutants based on their attainment status with respect to National Ambient Air Quality Standards (NAAQS).

Question 18

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 that occurs during the preparation of an Environmental Impact Statement (EIS), not when an EIS is deemed unnecessary. If an EIS is not required, the agency typically issues a Finding of No Significant Impact (FONSI) instead.

Question 19

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

Accepted Answer

The EPA does not automatically treat an incomplete State Implementation Plan (SIP) as a nullity; instead, it may require revisions or provide guidance to make it complete.

Question 20

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

Accepted Answer

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, includes provisions that encourage the redevelopment of contaminated properties, often referred to as "brownfields."

Quiz 45: Environmental Law