Env Law 8

Environmental Impact Statement

A requirement of NEPA for legislative and federal action proposals that significantly affect the quality of the human environment.

Environmental Assessment

A screening tool used to analyze whether an EIS is required under NEPA.

Finding Of No Significant Impact (FONSI)

A statement presenting a determination that an action will have no significant impact on the human environment, and consequently, no EIS is required.

Federal Register

Daily government publication of federal agency actions and proposed actions. Agencies must publish a notice of intent to prepare the EIS here.

Supplemental EIS

An addition to an EIS that may be required under NEPA if the agency makes substantial changes in a proposed action, if significant new circumstances arise, or if new information becomes available.

Record of Decision (ROD)

Formal statement identifying and explaining an agency decision.

Taking

Under the ESA, action to “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct.”

“God Squad”

Cabinet-level review board created by the ESA to provide flexibility under the Act; the Endangered Species Committee has the power to grant exemptions under the Act.

Critical Habitat

The geographical area with the physical or biological features essential to survival of the species.

Recovery Plans

Document setting forth the actions necessary to bring about the recovery of a species.

Endangered Species

Any species in danger of extinction.

Threatened Species

Any species likely to become endangered in the foreseeable future.

Multiple Use

Under the FLPMA, a combination of diverse uses, including recreational, range, timber, mineral, watershed, habitat, nature, scenic, or scientific.

Sustained Yield

Maintenance of high-level output of renewable resources on public lands.

Environmental Justice

Concern about the fair treatment of all people vis-à-vis environmental hazards such as pollution.

Acid Rain

Precipitation containing a high concentration of acids produced by sulfur dioxide, nitrogen oxide, and other substances emitted during the combustion of fossil fuel.

Pollutants

Contaminating substances discharged into the environment; often hazardous or toxic wastes, chemicals, or other substances, but the term is not limited to those categories. As used in the Clean Water Act, it includes most types of industrial, municipal, or agricultural waste discharged into water.

Stationary Source

Non-mobile source that emits or may emit air pollution.

National Ambient Air Quality Standards (NAAQSs)

National clean air standards set at a level of air quality necessary to protect the public health and welfare; divided into primary and secondary standards.

Ambient Air

Outdoor air.

[National] Primary Standards

NAAQSs set at a level of air quality necessary to protect the public health.

[National] Secondary Standards

NAAQSs set at a level of air quality necessary to protect the public welfare.

Criteria Pollutants

Pollutants for which a NAAQS has been set by the EPA. Criteria pollutants include ground-level ozone, particulate matter, carbon monoxide, nitrogen oxides, sulfur dioxide, and lead.

Ground-Level Ozone

A criteria pollutant and contributor to smog.

Particulate Matter

A criteria pollutant; broad class of diverse substances existing as discrete particles in the air, including liquid droplets or solids.

Carbon Monoxide

A criteria pollutant; a colorless, odorless toxic gas.

Nitrogen Oxides

Criteria pollutants; specific highly reactive gases containing nitrogen and oxygen.

Sulfur Dioxide

A criteria pollutant; a poisonous gas.

[Airborne] Lead

A criteria pollutant; a neurotoxic metal.

State Implementation Plans (SIPs)

Plans submitted by a state to the EPA that detail how the state will attain and maintain established air quality standards.

Nonattainment Areas

Areas that exceed any NAAQS for a pollutant.

Volatile Organic Compounds (VOCs)

Petroleum-based organic compounds that mix with other substances in the air to form ozone.

Best Available Control Technology (BACT)

A technology standard for new stationary sources of air pollution.

New Source Performance Standards (NSPSs)

Emission limitations for specific new or modified sources based on the BACT.

Bubble Theory

This term is used to define areas rather than single sources in determining the source of emissions for purposes of the CAA.

Maximum Achievable Control Technology (MACT)

Emission rate based on best demonstrated control technology or practices; applies to air toxins under the CAA.

Risk Management

The process by which policy choices are made once risks have been determined.

Banking

Process by which an emission source may “save” sulfur dioxide emission allowances by making reductions that exceed regulatory requirements; the banked allowance may be used later or transferred.

Attainment Areas

Designation indicating that a particular area meets a NAAQS for a pollutant.

Point Source

As defined in CWA § 502, “Any discernible, confined and discrete conveyance … from which pollutants are or may be discharged.”

Pretreatment Standards

Standards for treating industrial discharges into a publicly owned treatment works.

Wetlands

A general term for marshes, swamps, bogs, and similar areas where land meets water.

No point Source Pollution

Water pollution resulting from sources that are not point sources, such as runoff.

National Contingency Plan

Under CERCLA, the scheme that establishes procedures for cleanup response actions.

Risk Assessment

The process of characterizing the potentially adverse consequences of human exposure to an environ- mental hazard.

Adulterated Food

Food containing any unsafe additive.

Premanufacture Notice

A filing required by TSCA by a person who intends to manufacture or import a new chemical substance.

TSCA Inventory

A current list of all chemical substances manufactured or processed for commercial purposes in the United States; published by the EPA.

Derived-From Rule

Under RCRA, a waste generated by the treatment, storage, or disposal of a hazardous waste is also a hazardous waste unless exempted.

Contained-In Rule

Under RCRA, soil, groundwater, surface water, and debris contaminated with hazardous waste are considered hazardous waste.

Generator

Under RCRA, a person whose act or process produces hazardous waste or whose act first causes hazardous waste to become subject to regulation.

Uniform Hazardous Waste Manifest

Control and transport document required by RCRA; originates with the generator and accompanies the hazardous waste to the place of disposal.

National Priorities List

Under CERCLA, list in which the EPA ranks each hazardous waste site with respect to priority for cleanup.

Removal Actions

Short-term emergency responses under CERCLA.

Remedial Actions

Long-term permanent cleanup responses under CERCLA.

Strict Liability

Liability without proof of negligence.

Innocent Landowner Defense

Under CERCLA, rule that a landowner who acquired property after contamination is not liable if he or she had no knowledge of the contamination and no reason to know of the contamination.

Response Costs

Costs of cleanup that may be recovered under CERCLA.

The Clean Water Act establishes the

NPDES

The NPDES permit system only addresses

Point source pollution

What is waste water or storm water that flows overland into a body of water

Non-pont source water pollution

Under the Clean Air Act, the federal government's standards for ambient air are:

Minimum and national

Which substance is not a "criteria pollutant" for which EPA has set National Ambient Air Quality Standards (NAAQS)

CO2

Which of these is a point source of pollution for purposes of the Clean Water Act

A pipe discharging waste into a body of water

The Clean Air Act requires the EPA to establish standards for [number] criteria pollutants.

Six

If a state fails to achieve compliance within its borders to meet the EPA standards for air quality, the state may be subject to a

FIP

Under the Clean Air Act, the EPA is required to established primary and secondary _ for air pollutants that endanger public health.

NAAQS

What federal law regulates public water supplies?

Safe Drinking Water Act

One way the federal agencies show that they have considered consequences of their proposed actions is through the preparation of an

EIS

National environmental policies and goals are set forth in the following statute.

NEPA

This agency has the authority manage national forests

USFS

NEPA 102(2)(C) requires that an EIS be included in every recommendation or report on proposals for legislation and other major federal actions significantly affecting the quality of the human environment rule making. This is an example of which type of law?

Procedural

This is a screening device to determine whether an agency must prepare and environmental impact statement or make a finding of no significant impact (FONSI)

Environmental Assessment

An agency's draft EIS must be published in the

Federal Register

This federal statute is a good example of federalism, because it requires states to develop plans that meet the requirements of federal law

Coastal Zone Management Act

The agency has authority to manage public lands under the Federal Land Policy and Management Act

BLM

This following information may be relied upon to determine whether a species should be listed as endangered or threatened under the Endangered Species Act

Scientific Data

Under the Endangered Species Act, _ is defined as ''harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct."

Taking

What does CERCLA stand for?

Comprehensive Environmental Response, Compensation, and Liability Act

FIFRA stands for

Federal Insecticide, Fungicide, Rodenticide Act

This law addresses the problem of abandoned, inactive hazardous waste sites.

CERCLA

This statute establishes a national hazardous waste management program, provides for state or regional solid waste plans, and regulates underground storage tanks.

RCRA (Resource Conversation and Recovery Act)

The Department of Transportation has the authority to regulate movement of substances within the US that may pose a threat to health, safety, property, or the environment, including RCRA hazardous wastes, under this statute

HMTA (Hazardous Materials Transportation Act (?)

The EPA has the authority to regulate certain pesticides, including conducting inspections and requiring labeling of pesticides, under this statute

FIFRA

RCRA regulates

All waste (hazardous, municipal, and non-hazardous)

This statute requires that the EPA establish tolerances for pesticide residues in food or animal feed

FDCA (Food, Drug, and Cosmetics Act)

This statute establishes a health-based safety standard for pesticide residues in all foods

FQPA (Food Quality Protection Act)

The Premanufacture Notification Program was established by

TSCA (Toxic Substances Control Act)