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MSO Environmental Law > Test 2 > Flashcards

Test 2 Flashcards

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1
Q

Why the Clean Air Act

A

to protect our air to promote public health and welfare

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2
Q

What pollutants are included in the NAAQS

A
  1. sulfur dioxide
  2. nitrogen oxides
  3. particulates
  4. carbon monoxide
  5. ozone
  6. lead
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3
Q

What criteria must pollutants meet to be included in the NAAQS

A

Things emitted from a mobile or stationary source and may be reasonably anticipated to endanger public health

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4
Q

What policy decisions play a role in setting the standards for the NAAQS

A

the establishment of uniform national ambient standards necessary to protect public health within an adequate margin of safety

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5
Q

Who do the standards for the NAAQS create obligations for

A

each state is responsible for air quality standards within its borders

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6
Q

explain what factors are considered when determining the allowable amount of air pollution emitted from a stationary source and why

A 
if existing source, technology based within a reasonable available control, stiffer if deadlines are missed
if new (as soon as you modify you become new) strictest technology based emission limits based on the best of the best
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7
Q

explain how HAPs differ fro the criteria pollutants regulated by the NAAQs

A

HAPs is a more precautionary list. basically anything that MAY be harmful. it can change over time and EPA can +/- pollutants if conditions are met (subtract only if data says not reasonably anticipated to cause adverse effects)

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8
Q

explain how cap and trade programs, particularly the acid rain program can limit pollution over time

A

?

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9
Q

Explain the difference between a technology-based and a risk/health based standard

A

tech based is what can tech do economically and efficiently,
health based is what will keep us healthy.
sometimes you need to reign tech back and sometimes you have to push tech forward

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10
Q

explain the key concepts and problems in air pollution control

A

uniform national standards, stationary versus mobile sources, cross border pollution, ambient vs emission, health vs technology, non-attainment

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11
Q

ambient vs emission (effluent) standards

A

ambient- how many pollutants an area can have in it (public/state)
emission- regulation of specific pollutants ie factory smoke (individual)

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12
Q

uniform national standards

A

some rules for everyone across the united states

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13
Q

non-attainment

A

not achieving standards, must make a goal to get back in attainment

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14
Q

Discuss the difference in regulation between stationary sources and mobile sources (who regulates it and how)

A

stationary doesn’t move like a factory

mobile is anything that moves likes cars

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15
Q

describe the broad legislative goal of the clean water act

A

water quality that provides protection and propagation of fish, shellfish, and wildlife and recreation in and on the water

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16
Q

what is discharge

A

chemicals, heat, sand, anything that can negatively impact the wildlife

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17
Q

what is a point source

A

a specific location that a pollutant can be tracked to

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18
Q

What is a pollutant

A

anything that negatively impacts the wildlife/waters

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19
Q

what is a wetland (public interest)

A

ecosystem services, act as a filter

  • things in filter aren’t anywhere else
  • lots of specific species
  • drinking water (surface water)
  • recreation
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20
Q

who does the NPDES create obligations for

A

industrial point sources

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21
Q

through what agency(ies) is the NPDES administered

A

EPA

22
Q

explain the difference between conventional pollutants and toxic pollutants

A

conventional are biological and natural such as oxygen, suspended solids, fecal coliform, pH
toxic can cause death, disease, abnormalities aka huge health risks

23
Q

explain how water quality standards are different from effluent standards

A

?

24
Q

List three possible levels of enforcement of the CWA

A

fines (administrative)
civil penalties or injunction (judicial)
criminal penalties (judicial)

25
Q

administrative enforcement of the CWA

A

fines max of $10,000 per day

26
Q

judicial enforcement of the CWA

A

civil penalties or injunction, criminal penalties

27
Q

describe the interplay between the two agencies that enforce regulations related to the disposal of dredged material

A

EPA sets guidelines, army corps enforces. the corps can override the EPA if economic benefit is greater and the EPA can override again if health risks are greater

28
Q

explain the differences and similarities between the NPDES and Dredge and Fill program

A

NPDES is EPA, D+F is the corps
both have permit systems
NPDES is discharge of pollutants, D+F is dredged material/fill
NPDES most states have programs D+F only MI and NJ
NPDES has regular monitoring, D+F doesnt
NPDES not subject to NEPA, D+F subject to NEPA

29
Q

What is protected by the SDWA

A

our right to safe drinking water, aka ground water

30
Q

Who is responsible for the protection of things protected under the SDWA

A

EPA sets guidelines, state implements

31
Q

Define a public water system

A

provides water for human consumption, 25 people, 15 connections, delivers water through pipes

32
Q

list three requirements that must be met for the EPA to be able to regulate a contaminant

A
  1. MAY have adverse affect on health
  2. occurs with a frequency of concern
  3. regulation presents opportunity for health risk reduction
33
Q

contaminant list

A

the 88 contaminants currently being managed

34
Q

contaminant candidate list

A

all contaminants that may meet criteria for listing

35
Q

maximum contaminant level MCL

A

what we can actually do (technology based) primary standard enforced

36
Q

Maximum contaminant level goal MCLG

A

the perfect level of nothing (health based) has no monetary limit, not enforceable

37
Q

how does the SDWA compel water systems to be transparent to their customers

A

?

38
Q

Describe the source water program

A

?

39
Q

How is the source water program enforced

A

?

40
Q

What species generally are protected by the ESA

A

species identified as endangered or threatened with extinction and their habitat

41
Q

steps required to list a species

A
  1. FW biologist determines candidacy or petition for candidacy
  2. species assessment document prepared annually for each candidate with recommendation for listing or remaining on the candidate list
  3. public comments
  4. service director makes a decision, subject to judicial review
42
Q

once a species is listed, what requirements are set forth by the ESA and for who

A

permits for ‘take’ including hunting, trapping, habitat destruction, etc.
incidental take permits (require habitat conservation plan)
enhancement of survival permits (when landowners protect species
recovery and interstate commerce (to allow research/trade for breeding)

43
Q

describe the process federal agencies use to ensure they conserve species and do not alter critical habitat

A

consultation, concurrence letter from FWS of NMFS about the jeopardy of a species. if in jeopardy may provide alternative, designate critical habitat (no federal activity) could also be overruled by ES committee to allow activity

44
Q

goal of the oil pollution act OPA

A

to protect navigable waters from oil and all other pollutants

45
Q

Who is regulated by OPA

A

owners and operators of facilities and vessels

46
Q

Who does the regulating for OPA

A

EPA sets standards, coast guard implements

47
Q

OPA - prevention

A

requirements for equipment, personnel, and operations designed to prevent spills, ie training, alcohol/drug testing, double hulled tankers, maintenance and navigational requirements

48
Q

OPA - reporting

A

must notify federal authorities immediately! if not fines possible or imprisonment (willful=criminal) doesn’t matter how small of a spill

49
Q

OPA - response/who responds

A

National contingency plan (NCP) provides framework for response
federal on scene coordinator directs the response and coordinates everyone
preparation, equipment, personnel, finances, contingency plans
local area committee (everyone!) ready to respond/what they have to respond with taken note of

50
Q

Explain the liability of the response party under the OPA

A

strict liability. they created a risk, they must pay the consequences. spiller MUST pay ALL response costs. liable for fines, imprisonment, priate party tort claims

51
Q

3 exceptions to OPA liability

A

1 act of god (natural disaster)
2 Act of war (canadians bomb st ignace)
3 act of 3rd party (terrorism)

MSO Environmental Law (4 decks)

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