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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
Q

T or F, HOA can foreclose your house.

A

True

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26
Q

Water rights? Which one does Texas use*?

A
  • 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)
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27
Q

Most beneficial use of state water?

A

Domestic and municipal uses

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28
Q

T or F, groundwater is considered state water.

A

False, groundwater is NOT state water.

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29
Q

When does water become state water?

A

When it reaches the ground

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30
Q

How do I get a permit to use state water?

A

File an application with TCEQ; Buy/inherit one

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31
Q

Environmental flow vs return flows?

A
  • Env. flow maintain sufficient water for ecosystem

- Return flows is water put back into another body of water

32
Q

Miscellaneous state water issues?

A
  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
Q

What is the permit for a stream that you want to pick it up and put it somewhere else?

A

Bed and Banks Permit

34
Q

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?

A
  • First in time is first in right, priority date*

- Domestic and Livestock Use

35
Q

What is groundwater?

A

Any water percolating below the surface of the earth

36
Q

How do we protect groundwater?

A
  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
Q

What is an artesian well?

A

A confined aquifer containing groundwater under positive pressure

38
Q

What is the Rule of Capture?

A

First person to reduce the resource to possession owns it (producer owns it)

39
Q

3 components of water quality standards?

A
  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
Q

What two things add up to TDML?

A
  • Waste load allocation (point source)

- Load allocation (non point)

41
Q

NPDES components?

A
  1. ) Industrial discharges
  2. ) POTW’s (Publicly Owned Treatment Works)
  3. ) CAFO’s (Concentrated Animal Feeding Operation)
  4. ) Application of aquatic pesticides
42
Q

What is a 303(d) list?

A

A water quality impaired stream segment (nonattinment)

43
Q

What are effluent limitations?

A

How much you can discharge

44
Q

What is a mixing zone?

A

Point where discharge mixes with river (receiving water)

45
Q

What is the main goal of the Clean Water Act?

A

To maintain existing water quality

46
Q

What are the 2 main methodologies for cleaning up water? (waster water treatment)

A
  1. ) Pond system - Time, natural process, lower cost

2. ) Activated sludge - Helps digest

47
Q

Testing requirements for safe drinking water?

A
  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
Q

What are reasonable and necessary expenses based on? (Just and Reasonable Rates)

A

What local market pays for service (i.e. property taxes, electricity)

49
Q

Rate of return on invested capital? (Just and Reasonable Rates)

A

Potential profit

50
Q

How much water can you impound without a permit, and for what purposes?

A

200 acre-feet; livestock and domestic uses

51
Q

Non-attainment areas?

A

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
Q

Waste water treatment facilities? Advantages?

A

Big = overall better water quality (cost effective, less tss)

53
Q

What makes a species more likely to become endangered?

A

Size, gestation period/reproductive rates, reductions in range

54
Q

What is biodiversity?

A

Variety and variability among living organisms

55
Q

How do we end up with biodiversity?

A

Random variations, natural selection

56
Q

What is categorical exclusion? (NEPA)

A

No significant effect on the human environment

EA and EIS is NOT required

57
Q

Council on Environmental Quality?

A

Advisory body

58
Q

What is the name of an agenecy that has to take the action? (NEPA)

A

Lead agency

59
Q

All agencies involved in NEPA?

A

Cooperating agency

60
Q

What is a conservation easement?

A

Voluntary, agreement between property owner and qualified conservation org. to restrict use of land

61
Q

Substantive requirement of NEPA?

A

There isn’t really one, but must go through process

62
Q

Emergency exemption from NEPA?

A
  1. ) Consult with the CEQ on alternatives
  2. ) Necessary to control immediate impact
  3. ) Time and Extent
63
Q

Main method for preserving biodiversity in the U.S.?

A

Endangered Species Act

  • U.S. Fish and Wildlife
  • National Marine Fisheries Service
64
Q

Why is biodiversity important?

A
  • Utilitarian, Ecological

Overall health of a pop. and its ability to survive (Tolerance)

65
Q

Safe harbor agreement?

A

Voluntary, property owners contribute to the recovery of a listed species

66
Q

Process for listing a species as endangered or threatened?

A

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
Q

What is a critical habitat?

A

Areas essential to conservation of a listed species (protected even if not in critical habitat)

68
Q

What does FIFRA stand for?

A

Federal Insecticide Fungicide Rodentia Act

69
Q

What does the EPA consider and NOT consider?

A

Considers environmental fate and human health. Does NOT consider efficacy (market will take care of it)

70
Q

Incidental take permit?

A

Some stuff may be incidentally destroyed while attempting to enhance particular species

71
Q

Habitat conservation plan?

A

State level to protect critters that will eliminate from endangered list

72
Q

Enhancement of Survival Permit?

A

Trying to do something beneficial to species

73
Q

Recovery and Interstate Commerce Permit?

A

Transport endangered species to new location for establishment (promote biodiversity)

74
Q

What is the hope at the end of an EIS?

A

Ending in a FONSI (Finding of no significant impact)

75
Q

Environmental impact statement, inhouse vs third party?

A

Third party, cheaper and you have more control over

76
Q

Process of an EIS?

A
  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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