CES Laws and Regulations 2 — Questions and Answers
Question 1: Under RCRA, which characteristic makes a waste 'hazardous' based on its ability to dissolve toxic metals?
- Ignitability
- Corrosivity
- Reactivity
- Toxicity (Correct answer)
Correct answer: Toxicity
Toxicity characteristic is determined by the TCLP test, which measures a waste's potential to leach toxic metals or organics into groundwater.
Question 2: Which provision of the Clean Air Act requires new major stationary sources in attainment areas to undergo a permitting process with stringent emission controls?
- New Source Performance Standards (NSPS)
- Prevention of Significant Deterioration (PSD) (Correct answer)
- National Emission Standards for Hazardous Air Pollutants (NESHAPs)
- Reasonably Available Control Technology (RACT)
Correct answer: Prevention of Significant Deterioration (PSD)
PSD permitting applies to new or modified major sources in areas that meet NAAQS, requiring Best Available Control Technology (BACT).
Question 3: The Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313 requires facilities to report releases of toxic chemicals through which mechanism?
- MSDS submissions to local fire departments
- Toxic Release Inventory (TRI) reporting to EPA (Correct answer)
- Tier II chemical inventory reports to State Emergency Response Commissions
- Spill Prevention Control and Countermeasure (SPCC) plans
Correct answer: Toxic Release Inventory (TRI) reporting to EPA
EPCRA Section 313 mandates annual TRI reporting to EPA for facilities that manufacture, process, or use listed toxic chemicals above threshold quantities.
Question 4: Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which party is generally NOT considered a potentially responsible party (PRP)?
- Current owner of a contaminated facility
- Generator who arranged for disposal of hazardous substances
- Transporter who selected the disposal site
- A secured creditor who did not participate in facility management (Correct answer)
Correct answer: A secured creditor who did not participate in facility management
CERCLA's secured creditor exemption protects lenders who hold a security interest in a facility but do not participate in its management.
Question 5: Which section of the Clean Water Act establishes the National Pollutant Discharge Elimination System (NPDES) permit program?
- Section 303
- Section 319
- Section 402 (Correct answer)
- Section 404
Correct answer: Section 402
CWA Section 402 establishes the NPDES program, which regulates point source discharges of pollutants into waters of the United States.
Question 6: The Safe Drinking Water Act's Underground Injection Control (UIC) program classifies injection wells into classes based primarily on what factor?
- The depth of the injection zone
- The type of fluid injected and the purpose of the well (Correct answer)
- The geographic location of the well
- The age of the well construction
Correct answer: The type of fluid injected and the purpose of the well
UIC well classes (I through VI) are defined by the type of fluid being injected and the intended use, ranging from industrial waste disposal to CO2 sequestration.
Question 7: Under TSCA Section 5, manufacturers and importers must submit a Premanufacture Notice (PMN) to EPA at least how many days before beginning production of a new chemical?
- 30 days
- 60 days
- 90 days (Correct answer)
- 120 days
Correct answer: 90 days
TSCA Section 5 requires a 90-day PMN submission to EPA before a new chemical substance is manufactured or imported for commercial purposes.
Under RCRA, which characteristic makes a waste 'hazardous' based on its ability to dissolve toxic metals?