Fianl EHSC 4250

NPDES

(National Pollutant Discharge Elimination System)

What federal permit is required for CAFOs?
According to the EPA, the pollutants associated with CAFO waste principally include:

(1)nutrients such as nitrogen and phosphorus(2)organic matter(3)solids, including the manure itself and other elements mixed with it(4)pathogens(5)salts(6)trace elements such as arsenic(7)odorous/volatile compounds like carbon dioxide and ammonia(8)antibiotics(9)pesticides and hormones

"Swampbuster"

This provision of the 1985 farm bill, indirectly protects wetlands by removing federal farm program incentives to drain them for agricultural purposes?

Clean Water Act

(CWA)

This act requires point sources to have a permit to discharge pollutants…

Retaliatory Action

(as defined by the CEPA)

Conscientious Employee Protection Act

The discharge,suspension or demotion of an employee, or other adverse employment action taken against an employee in the terms and conditions of employment is defined as…
voluntarily quitting without a good cause, or getting fired for doing a bad job
What disqualifies former employees from unemployment compensation?

CERCLA

(Comprehensive Environmental Response, Compensation, and Liability Act)

 

RCRA

(Resource Conservation and Recovery Act)

What are the two major hazardous waste statutes?

(1)an act of God

(2)an act of war

(3)an act or omission of a third party other than an employee or agent of the defendant, or other than one whose act or omission occurs in connection with a contractual relatioship, existing directly or indirectly, with the defendant

(4)any combination of the three

What are the defenses for a release or threat of a rlease of a hazardous substance?

(There are four mentioned under CERCLA)

 

 

Transactional, Compliance, and Pollution Prevention

 

 

 

What are the 3 types of environmental audits?

FIFRA

(Federal Insecticide, Fungicide, and Rodenticide Act)

By which act are pesticides monitored and controlled?

 

 

Farmers, Vetrinarians, and Experimental Research Personnel

 

 

 

Who is exempt from pesticide licenses?

(There are three main occupations)

(1)Pesticides

(2)Batteries

(3)Thermostats

Because there exists many persons with relatively small quantities of common hazardous waste, relaxed regulations for 3 universal waste products were prescribed. What are the 3 universal wastes?

 

 

Implied Warranties

 

 

What type of warranties are preempted by FIFRA?

Riparian Doctrine
States that water usage is part of land ownership and applies to landowners adjacent to surface water. Makes divisions between natural use and aritficial use.
Dredge and Fill Permit
What permit is required to discharge dredged or fill materials in waters including wtlands in the US?

 

 

No, because RCRA has an exception for fertilizer

 

 

Should the application of manure be able to constitute a violation of RCRA?

"discharge of any pollutant"
Any addition of any pollutant to navigable waters from any point source, or any addition of any pollutant to the waters of the contigious zone or the ocean from any point source other than a vessel or other floating craft qualifies as…

 

 

Best Demonstrated Available Technology

What does BDAT stand for in regards to land disposal?

 

 

"diligently prosecuting"

Citizen suits are not appropriate if an agency is already _____ _____ the alleged violater.

 

Most courts have held that to diligently prosecute, the action against the alleged violater must be filed in court.

 

 

 

What constitutes as diligent prosecution?

(1) Command and Control

(uniform standards, very strict and rigid)

 

(2) Market-Based

(more flexible, allows market to allocate costs)

 

US usually implements command and control

What are the two main types of environmental regulation and what are there characteristics?

 

What type does the US usually implement?

 

 

No, it is an order to bring in evidence or documents, or for a defendant to come in.

 

 

Is a subpoena a search?

 

 

The Fourth Amendment

 

 

What is the best defense in challenging the enforcement of a subpoena?

 

 

Hazard Communication Rule

The objective of this rule is to ensure that the hazards of all chemicals produced or imported to the US are identified and that information on protective measures is given to users and their employees.

(1) The Log and Summary

 

(2) The Supplementary Record

 

 

What two forms must be maintained in OSHA record keeping?

(1) Self-employed persons

(2) Farms at which only immediate members of the farm employer’s family are employed

(3) Workplaces already protected by other federal agencies under other federal law

;

;

Who is not covered under the Occupational Safety and Health Act? (There are 3)

CAIR

(Clean Air Interstate Rule)

;

CAMR

(Clean Air Mercury Rule)

;

;

;

What are the two key regulations that have been adopted by the EPA in an attempt to reduce emissions of of sulfur oxides, nitrous oxides, and mercury?

(1)Market prices may undervalue petroleum fuels because they don’t include the cost of securing energy from unstable trading partners.

 

(2)From the public point of view, there may be an underinvestment in renewable energy. It may not be in the best interest of the petroleum industry to invest in renewable energy.

 

 

What are two issues that affect Renewable Energy Policy?

 

 

"Earnest Money"

Most contracts for sale will typically have some ______ ______ which will not be returned if the buyer backs out of the agreement.

 

 

A mortgage is a security, and it creates a lien on the property

 

 

What is a mortgage and what does it create?

(1) Warranty Deed-includes covenants of a right to sell, freedom from encumbrances except as noted, and quiet and peaceful possession.

(2) Quit Claim Deed-conveys to the grantee the interest the grantor had to convey

(3) Security Deed-when a grantor who is borrowing funds conveys real property by deed to secure a debt, title passes to the grantee. Upon payment of the debt, the grantee then reconveys title back to the grantor.

 

 

What are the three types of deeds and what does each apply to?

 

 

New Source Rule (NSR) permit

This is a construction permit given to a large source that is either building a new facility or significantly modifying an existing facility and emitting large amounts of certain air pollutants?

 

 

To force older sources of air pollution into retirement so that new cleaner facilities would be constructed

 

 

What is the purpose of the New Source Review?

 

 

Mobile Source Performance Standards

(MSPS)

 

 

This is one of the more successful aspects of the Clean Air Act, that allows the EPA to set emissions standards for motor vehicles.

sulfer dioxide,

nitrogen oxides,

Carbon Monoxide,

ozone,

particulate matter,

lead

What are the six criteria pollutants regulated under the National Ambient Air Quality Standards (NAAQS)?
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