Environmental Impact Regulations Flashcards
7 cards from real CPL practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Environmental Impact Regulations flashcards as text
Under the Emergency Planning and Community Right-to-Know Act (EPCRA), facilities must report releases of hazardous substances above reportable quantities to which entity?
Answer: State Emergency Response Commission and Local Emergency Planning Committee
EPCRA Section 304 requires immediate notification to the SERC and LEPC when reportable quantity releases occur.
When conducting environmental due diligence on a lease tract, a landman finds the property is listed on a state Voluntary Cleanup Program (VCP). What does this status indicate?
Answer: The property has known contamination but the owner is actively working with the state to remediate it
VCP listing means contamination exists and the owner has voluntarily engaged the state regulatory process for cleanup oversight.
Which provision of the Clean Air Act requires major new stationary sources in attainment areas to obtain a permit and install Best Available Control Technology (BACT)?
Answer: Prevention of Significant Deterioration (PSD) program
The PSD program applies in areas meeting NAAQS and requires BACT analysis for new major sources or major modifications.
A landman is reviewing a lease near a wetland. The developer plans to fill 0.05 acres of isolated wetland. Under which permit pathway is this most likely to proceed?
Answer: Nationwide Permit 12 or similar general permit with preconstruction notification
Small impacts to wetlands often qualify for Nationwide Permits (e.g., NWP 12 for utility lines), subject to thresholds and notification requirements.
Which federal statute requires operators to report spills of oil into navigable waters of the United States above a 'harmful quantity'?
Answer: Clean Water Act Section 311
CWA Section 311 prohibits oil discharges to navigable waters and requires immediate reporting of spills above harmful quantities.
What is the significance of a 'split estate' situation in the context of environmental compliance for oil and gas operations?
Answer: The mineral estate owner may have operational rights but must negotiate surface use terms with a separate surface owner who has independent legal protections
In split estate situations, operators must negotiate surface use agreements with surface owners who retain independent rights and may invoke state surface damage act protections.
Which document, required under NEPA for smaller federal actions that may have uncertain environmental effects, determines whether a full EIS is necessary?
Answer: Environmental Assessment (EA)
An Environmental Assessment evaluates potential impacts and leads either to a FONSI (no EIS needed) or a determination to prepare a full EIS.