DRAFT: This module has unpublished changes.

  Student Name: Hayle Clark

  Environmental Regulations Quiz 1

  Date: 12 March 2015

 

For your essay question, use as much additional paper  as needed. Remember to place this test in digication.  You may use your textbook and notes.

 

  1. Environmental law encompasses all the protections for our environment that emanate from what six sources? 

  1. Laws: federal and state statues and local ordinances

  2. Regulations: promulgated by federal, state, and local agencies

  3. Court Decisions: interpreting these laws and regulations

  4. The Common Law:, including tort concepts of liability such as nuisance

  5. The U.S. Constitution and state constitutions, and even treaties

 

 

 

  1. The source of authority for most environmental laws is: 

    1. the Commerce Clause

    2. the Contract Clause

    3. the Fifth Amendment

    4. Article III

       

       

  2. True or False. Since the mid-1980’s the number of criminal cases brought for violations of environmental statues has fallen steadily.

    False

     

  3. True or False. If you were looking for a federal statue, you would look in the Federal Reporter.

    True

     

  4. True or False. In general, a state may pass an environmental regulation that sets standards more stringent than those set by federal regulations.

    False

     

     

  5. How are Federal or State Environmental laws made? Please provide detail. 

     Federal and State Environmental laws are made first when a bill is introduced in either the US House of Representatives or in the US Senate. The bill is then shown to the correct congressional committee for consideration. They may hold hearings, studies, investigations, and issue reports on the particular bill that they are looking to pass. After the bill is voted on and then after it is out of the committee it goes to the legislative calendar in a certain house which is considered and then voted on. In the environmental field both the house and the senate have both passed different bills then the congressional part of both houses have to make the deciding votes. After both of them agree on the bill it is sent off to the president. The bill will then become a law if the president signs the bill. If the presidents fails to sign the bill and does not veto the bill within 10 days then he bill will still become a law. This all process of a bill becoming is a long process that takes up a lot of time. You have to go through three and sometimes four different groups of people before a bill can become a law.

     

     

     

     

     

     

  6. How are environmental regulations made? Please briefly provide detail. 

     Environmental Regulations: Regulations are mandatory requirements that can apply to individuals, businesses, state or local government, non-profit institutions, or others. Congress passes the laws that govern the United States but congress also authorized the EPA to help put those laws into effect. There are many steps that go into creating a regulation. The first step is that the EPA has to propose a regulation about a certain issue which is proposed listed in the federal register. Then the EPA considers your comments and issues a final rule. The third and final step of the regulation process is that the regulation is codified in the code of federal regulations meaning that it is in the office record with all of the other regulations created by the federal government.

     

     

     

     

  7. Describe what a “Tort” is and how it relates to environmental law. 

     A tort is a word used to denote common law. The court will provide a remedy. This action is to avoid harm to others and a tort action is distinguished from a contract right. There are four types of torts commonly used in the environmental field which are nuisance, trespass, negligence, and strict liability.it relates to the environment because an adult has to fulfill a duty of care for the personal and property rights of others and if they are careless about this then there will be a cause of action.

     

     

     

  8. True or False. Administrative agencies are said to have quasi-legislative powers because they have the authority to promulgate rules, which have the force of law.

     True

     

  9. True or False. The EPA was created in 1960, and is the largest federal agency operating today.

     False

     

  10. Before a rule promulgated by a federal agency becomes law, it must be:

    1. published in final form in the Federal Register

    2. approved by a Senate Oversight Committee

    3. both a and b

    4. none of the above

       

  11. Agencies have the authority to:

          a.) promulgate rules that have the force of law.

          b.) investigate complaints of violations of agency-promulgated rules.

          c.) provide information to the public about matters regulated by the agency.                   d.) all of the above

          e.) none of the above

     

  12. Executive agencies:

    1. are required to do cost-benefit analyses before promulgating rules.

    2. are influenced by the executive branch because the president can fire the agency heads for any reason or no reason.

    3. a and b

    4. none of the above

       

  13. One does not look in the Federal Register to find:

    1. proposed rules

    2. final rules

    3. statues

    4. any of the above

       

  14. Give a detailed description of “negligence” relating to environmental law.

     Negligence: It is the failure to take proper care in doing something. It can also be not taking reasonable care of something that can end up in damaging or injuring to something else or someone else. It can also be the omission to do something guided by those ordinary considerations regulating human affair. It is the part of the law of torts which deals with the acts not intended to inflict injury.   

     

     

     

  15. How is “strict liability” different than “negligence”? 

    Strict Liability: It is a liability that does not depend on actual negligence and does not intent to harm

    Negligence: It is the failure to take proper care in doing something

     

  16. In what amendment(s) is “Due Process” found? Describe the process.

     The Due Process is found in the Fifth Amendment and the Fourteenth Amendment. The Fifth Amendment states “No person shall…be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” The Fourteenth Amendment also states a long statement about due process. Due process means the fair treatment through the normal judicial system, especially as a citizen.

     

     

     

     

     

     

  17. Each of the major federal environmental statues provides an array of enforcement tools to compel compliance with its mandates. There are five tools. Name at least four. 

    1) Administrative penalties imposed by agencies for various violations

    2) Administrative orders to respond to or abate violations, enforceable by civil and criminal sanctions

    3) Civil actions for relief, including prohibitions or mandatory injunction enforced by judicial decree

    4) Civil penalties of up to $37, 500 per violation or day of violation

    5) Citizens civil actions to compel compliance with or collect damages for violation of the statute

     

     

     

     

  18. What is the difference between a “takings” and “police power”? 

     Takings: It is the money received through a sale by a business

     Police Power: It is the power of a government to impose what it considers reasonable restrictions. It is on liberties of its citizens. This is for the maintenance of public order and safety.

      

     

     

     

     

  19. Describe what a “potentially responsible party” is and what they are responsible for? 

    Potentially Responsible Party: It is an individual or company that is potentially responsible for the contamination problems at a superfund site. Whenever possible the EPA requires them the clean up the hazardous waste site.

     

     

     

     

  20. “Joint and several liability” is a concept, which dictates what and to whom? Please provide a brief description. 

     Joint and Several Liability: When multiple parties can be held liable for the same event. Also they can be responsible for all restitution required. In this case a person who was harmed or wronged by several parties could be awarded damages and collect from any one, several or all of the liable parties. These liabilities are the most relevant in tort claims where the plaintiff may recover all the damages from any of the defendants regardless of the share of the liability. In the United States 46 of the 50 states have the rule of joint and several liability.

     

     

     

     

     

     

  21. What components are used to determine and calculate a penalty?

    A penalty is a punishment imposed for breaking a law, rule, or contract. Penalties are calculated by a maximum statutes of $37,500 per violation. Penalties have a gravity component which reflects the degree of wrongdoing. The economic benefit component is an attempt for the agency to prevent a company from benefiting financially by violating the law. There are other cases where the penalty is broken down into subcomponents meaning that they are independent and then summed together to determine the right penalty. They can be summed by three different pieces. The first one is the actual or possible harm, second is the importance to the regulatory scheme of the violation, and third is the size of the violator.

     

     

     

  22. True or False. Punishment for criminal conviction includes not only the possibility of large fines, but also the threat of incarceration for individuals, including company officials. 

    True

     

  23. What does the acronym RCRA stand for?

 

RCRA stands for Resource Conservation and Recovery Act. They were enacted in 1976. It is the principal federal law in the United States governing the disposal of solid waste and hazardous materials. It was enacted by congress. The goal is protect humans and the environment from potential hazards of waste disposal. They are here to reduce the amount of waste generated and to ensure that are waste is managed in an environmentally manner.   

 

 

  1. RCRA was implemented in what year and why was it implemented? 

     

    RCRA was enacted in the year 1976 by congress from the management of solid waste, hazardous waste, and underground storage tanks.

     

     

     

  2. Fill in the blanks. RCRA was amended by the EPA and Congress Amendments of 1976.

     

  3. RCRA was designed to provide “cradle to grave” controls. Describe what “cradle to grave” means and why it is necessary.

     

     Cradle to grave means that you when you buy a product or a hazardous material you own that product until you get rid of it. An example of getting rid of hazardous waste is bringing it to a place that disposes of hazardous waste. After giving it to them you do not own it anymore so it is not your responsibility.  It is necessary to have the idea of cradle to grave because someone needs to be responsible for what happens to the product. This means that you name or the companies name is on the product until it gone or disposed of the right way. For example if you have a drum of hazardous waste that you give to a shipping company that is supposed to deliver it to a hazardous disposal site but drops it somewhere, then in the long run due to the cradle to grave rule you have to pay to do something with it and you will get fined for having a drum in a place where it does not belong. The cradle to grave rule just gives a product a home until the person does something with the product. 

     

     

     

     

     

  4. What is a TSDF and what standards do they have to follow?

     TSDF: It is the Treatment, Storage and Disposal Facility. It is a facility that is permitted to treat, store and dispose of hazardous waste in special units. The units are mostly called hazardous waste management units. They have to follow the Waste Analysis Plan. The WAP must, at a minimum, contain the following basic elements. It must have the parameters analyzed, it needs to have testing and analytical methods, their needs to be sampling methods used to obtain samples, there need to re-evaluation of the waste every so often, for off-site TSDF there needs to be analyses that generators have agrees to supply, and there needs to be producers that ensure that the waste received at the off-site TSDF matches the identity of the waste designated on the accompanying manifest.

     

     

     

     

     

     

  5. What is a “generator” and what standards do they have to follow? Provide a detailed but brief description. 

     Generator: Hazardous Waste Generators are the first step to the cradle to grave process. They must determine if the waste they have is hazardous and then they will oversee the fate of that waste. Generators ensure that there is full documents showing that the hazardous waste they produce is properly identified, managed, and that it is treat prior to recycling or disposing. First the generators creates or produces a hazardous waste, then brings the hazardous waste into the RCRA Subtitle c system for proper classification of their waste to ensure proper handling later in the hazardous waste management process. There are three types of generators LQG’s, SQG’s, and CESQG’s.

     

     

     

     

  6. What is the difference between a “Large Quantity Generator” and a “Small Quantity Generator”?

    Large Quantity Generators:  They generate 1,000 kilograms per month or more of hazardous waste. They are able to accumulate their waste for up to 90 days.

    Small Quantity Generators: They are able to generate 100 kilograms or less per month of hazardous waste. They are allowed to accumulate their hazardous waste on their site for up to 180 days.

     

     

     

     

  7. What rules must a CESQG follow? Is it the same as LQG and SQG?

     CESQG: They must follow rules such as they cannot generate more than 100 kilograms of hazardous per month, and they have to comply with three basic waste management requirements to remain exempt from a full hazardous waste regulations that apply to generators of large quantities. The three requirements are that they have to identify your hazardous waste, thy have to comply with storage quantity limits, and they have to ensure proper treatment and disposal of your waste. The three requirements are the same as the LOQ’s and the SOQ’s, but the difference between the three is the amount of waste that you are allowed to store at your site and how long you can store the waste for.

     

     

     

     

     

     

     

  8. What is the definition of a “solid waste”? 

     Solid waste: Is any garbage, refuse, sludge, from a wastewater treatment plant or air pollution control facility and it consist of materials including solid, liquid, semi-solid, or contained gaseous materials. It is not necessarily a hazardous waste.

     

     

     

     

  9. What is the definition of a “hazardous waste”? 

     Hazardous Waste: It is a byproduct produced by manufacturers that is toxic and presents a potential threat to people and the environment. It is a product that has to be treated in a certain way mostly by putting the liquids into drum and other hazardous materials should be brought to a hazardous waste disposal site.

                                                  

     

     

     

     

  10. What are the four hazardous waste characteristics? Name and briefly describe each. 

  1. Ignitability: It is waste that can create fires under certain conditions and has a flash point of less than 60 degrees Celsius. It includes waste such as oil or used solvents.

  2. Corrosive: It is waste that is an acid or a base. It is capable of corroding metal containers such as tanks, drums, or barrels. An example of a corrosive waste is battery acid.

  3. Reactive: It is waste that is unstable under normal conditions. It can cause explosions, toxic fumes, gases, or vapors when heated, compressed or mixed with water. An example is lithium- sulfur batteries.

  4. Toxic: It is waste that is harmful or fatal when ingested or absorbed. When they are land disposed the waste may pollute the ground water. 

 

 

 

 

 

  1. What is a “listed waste”? Give a specific description. 

     Listed Waste: It is an organized list that determines the specifics of hazardous waste into three categories’.

  1. The F-List: This list identifies wastes from common manufacturing companies such as solvents. The processes of producing these wastes can occur in different sectors the F-List wastes are known as wastes from non-specific sources.

  2. The K-List: This list includes certain wastes from specific industries such as pesticide manufacturing. Certain wastewater from treatment processes are examples of source-specific wastes.

  3. The P-List and the U-List: These lists include specific commercial chemical products. They are in the unused form. Some pharmaceutical products become hazardous waste when discarded and would fall under these lists.  

 

 

 

 

 

 

  1. Fill in the blank. Any person who violates any requirement of Subtitle C is liable for a civil penalty up to $ 37,500 per day per violation? 

     

  2. Fill in the blank. Regulation of nonhazardous waste is the responsibility of the states pursuant to Subtitle C of RCRA.

     

     

     

  3. What is a manifest and what important information is required? 

     A manifest is a set of forms, reports, and procedures designed to seamlessly track hazardous waste from the time it leave the generator until it reaches the off-site waste management facility. The system allows the waste generator to verify that its waste has been properly delivered and that no waste has been lost or unaccounted for in the process. The system which is a form prepared by all generators who transport hazardous waste for off-site treatment, recycling, storage, or disposal. When the form is completed it contains all of the information of the type and quantity of the waste that is being transported. This form is required by the DOT and EPA. There are many copies of this manifest that are for many different people. One of the forms goes to the person who handles the waste in transporting, and the other copy remains to the company who is getting rid of the waste. Once the waste reaches the off-site treatment plant the manifest has to be signed and shipped to the generator to allow them to know if their waste was delivered to the right people and it lets them know if all of it was delivered.  

     

     

  4. What incidents helped create environmental protection specifically RCRA regulations? Describe, in detail. Also describe why environmental regulations are important.

     The EPA has had a regulatory plan for over 25 years since its formation has overseen a remarkably successful effort to rid are nation of the most unsightly effects of pollution. Many of America’s rivers and streams have be restored to healthful recreational use. There have many different things that deal with pollution in the world that gave the EPA a reason to RCRA and many other organizations. An example of why the EPA creates these groups is Love Canal because it was a superfund site that was very harmful to human health and it was a much polluted area. It was a place where families lived for many years having kids there. It wasn’t until kids started getting sick there that people living there finally realized that something wasn’t right and that’s when they found out about all the hazardous chemicals that have been buried underground where they are living. A women created a group of people that went and talked in front a big group of people about what was going on and the fact that they all want to leave and get out of there. With all of the work they did they finally got to leave and move somewhere better but by this time it was too late a lot of the kids that were born already had many different health issues. By moving out of love canal it helped many people have a healthier lifestyle. This helped the EPA see that they had the responsible to help protect the public health and the environment in a flexible manner that does not place undue burden on the economy.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

  5. What concerns are there when considering the Keystone XL pipeline? What are concerns that the Congress and President have when considering allowing the pipeline to go through? What are other oil related issues that we should be concerned with and what are the costs involved? 

     The president has veto the keystone pipeline xl bill. People are saying that the pipeline is not going to help the US with jobs it is just going to hurt the number of jobs in this country. It is also that there is one of the largest and richest forest that stretches across northern Alberta which will be effected by putting in the pipeline. It will take away the homes to many wildlife animals. Another main concern people have with putting in the pipeline is that it is producing dirty fuel into the air that we all breathe. The pipeline will also be going over the world’s biggest freshwater aquifer. The pipeline with be harmful to people, water, wildlife, and the climate. Once the pipeline is mined it will leave tar sand behind in a toxic sludge that will leak into rivers every day. The pipeline is not safe for the environment or for human health.

     

     

     

     

     

     

     

     

    Student Name: Hayle Clark

     

    Environmental Regulations Quiz 1

     

    Date: 12 March 2015

     

     

     

    For your essay question, use as much additional paper as needed. Remember to place this test in digication. You may use your textbook and notes.

     

     

     

    1. Environmental law encompasses all the protections for our environment that emanate from what six sources? 

     

    1. Laws: federal and state statues and local ordinances

    2. Regulations: promulgated by federal, state, and local agencies

    3. Court Decisions: interpreting these laws and regulations

    4. The Common Law:, including tort concepts of liability such as nuisance

    5. The U.S. Constitution and state constitutions, and even treaties

     

     

     

     

     

     

     

    1. The source of authority for most environmental laws is: 

      1. the Commerce Clause

      2. the Contract Clause

      3. the Fifth Amendment

      4. Article III

         

         

    2. True or False. Since the mid-1980’s the number of criminal cases brought for violations of environmental statues has fallen steadily.

      False

       

    3. True or False. If you were looking for a federal statue, you would look in the Federal Reporter.

      True

       

    4. True or False. In general, a state may pass an environmental regulation that sets standards more stringent than those set by federal regulations.

      False

       

       

    5. How are Federal or State Environmental laws made? Please provide detail. 

       Federal and State Environmental laws are made first when a bill is introduced in either the US House of Representatives or in the US Senate. The bill is then shown to the correct congressional committee for consideration. They may hold hearings, studies, investigations, and issue reports on the particular bill that they are looking to pass. After the bill is voted on and then after it is out of the committee it goes to the legislative calendar in a certain house which is considered and then voted on. In the environmental field both the house and the senate have both passed different bills then the congressional part of both houses have to make the deciding votes. After both of them agree on the bill it is sent off to the president. The bill will then become a law if the president signs the bill. If the presidents fails to sign the bill and does not veto the bill within 10 days then he bill will still become a law. This all process of a bill becoming is a long process that takes up a lot of time. You have to go through three and sometimes four different groups of people before a bill can become a law.

       

       

       

       

       

       

    6. How are environmental regulations made? Please briefly provide detail. 

       Environmental Regulations: Regulations are mandatory requirements that can apply to individuals, businesses, state or local government, non-profit institutions, or others. Congress passes the laws that govern the United States but congress also authorized the EPA to help put those laws into effect. There are many steps that go into creating a regulation. The first step is that the EPA has to propose a regulation about a certain issue which is proposed listed in the federal register. Then the EPA considers your comments and issues a final rule. The third and final step of the regulation process is that the regulation is codified in the code of federal regulations meaning that it is in the office record with all of the other regulations created by the federal government.

       

       

       

       

    7. Describe what a “Tort” is and how it relates to environmental law. 

       A tort is a word used to denote common law. The court will provide a remedy. This action is to avoid harm to others and a tort action is distinguished from a contract right. There are four types of torts commonly used in the environmental field which are nuisance, trespass, negligence, and strict liability.it relates to the environment because an adult has to fulfill a duty of care for the personal and property rights of others and if they are careless about this then there will be a cause of action.

       

       

       

    8. True or False. Administrative agencies are said to have quasi-legislative powers because they have the authority to promulgate rules, which have the force of law.

       True

       

    9. True or False. The EPA was created in 1960, and is the largest federal agency operating today.

       False

       

    10. Before a rule promulgated by a federal agency becomes law, it must be:

      1. published in final form in the Federal Register

      2. approved by a Senate Oversight Committee

      3. both a and b

      4. none of the above

         

    11. Agencies have the authority to:

            a.) promulgate rules that have the force of law.

            b.) investigate complaints of violations of agency-promulgated rules.

            c.) provide information to the public about matters regulated by the agency.       d.) all of the above

            e.) none of the above

       

    12. Executive agencies:

      1. are required to do cost-benefit analyses before promulgating rules.

      2. are influenced by the executive branch because the president can fire the agency heads for any reason or no reason.

      3. a and b

      4. none of the above

         

    13. One does not look in the Federal Register to find:

      1. proposed rules

      2. final rules

      3. statues

      4. any of the above

         

    14. Give a detailed description of “negligence” relating to environmental law.

       Negligence: It is the failure to take proper care in doing something. It can also be not taking reasonable care of something that can end up in damaging or injuring to something else or someone else. It can also be the omission to do something guided by those ordinary considerations regulating human affair. It is the part of the law of torts which deals with the acts not intended to inflict injury.   

       

       

       

    15. How is “strict liability” different than “negligence”? 

      Strict Liability: It is a liability that does not depend on actual negligence and does not intent to harm

      Negligence: It is the failure to take proper care in doing something

       

    16. In what amendment(s) is “Due Process” found? Describe the process.

       The Due Process is found in the Fifth Amendment and the Fourteenth Amendment. The Fifth Amendment states “No person shall…be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” The Fourteenth Amendment also states a long statement about due process. Due process means the fair treatment through the normal judicial system, especially as a citizen.

       

       

       

       

       

       

    17. Each of the major federal environmental statues provides an array of enforcement tools to compel compliance with its mandates. There are five tools. Name at least four. 

      1) Administrative penalties imposed by agencies for various violations

      2) Administrative orders to respond to or abate violations, enforceable by civil and         criminal sanctions

      3) Civil actions for relief, including prohibitions or mandatory injunction enforced by judicial decree

      4) Civil penalties of up to $37, 500 per violation or day of violation

      5) Citizens civil actions to compel compliance with or collect damages for violation of the statute

       

       

       

       

    18. What is the difference between a “takings” and “police power”? 

       Takings: It is the money received through a sale by a business

       Police Power: It is the power of a government to impose what it considers reasonable restrictions. It is on liberties of its citizens. This is for the maintenance of public order and safety.

        

       

       

       

       

    19. Describe what a “potentially responsible party” is and what they are responsible for? 

      Potentially Responsible Party: It is an individual or company that is potentially responsible for the contamination problems at a superfund site. Whenever possible the EPA requires them the clean up the hazardous waste site.

       

       

       

       

    20. “Joint and several liability” is a concept, which dictates what and to whom? Please provide a brief description. 

       Joint and Several Liability: When multiple parties can be held liable for the same event. Also they can be responsible for all restitution required. In this case a person who was harmed or wronged by several parties could be awarded damages and collect from any one, several or all of the liable parties. These liabilities are the most relevant in tort claims where the plaintiff may recover all the damages from any of the defendants regardless of the share of the liability. In the United States 46 of the 50 states have the rule of joint and several liability.

       

       

       

       

       

       

    21. What components are used to determine and calculate a penalty?

      A penalty is a punishment imposed for breaking a law, rule, or contract. Penalties are calculated by a maximum statutes of $37,500 per violation. Penalties have a gravity component which reflects the degree of wrongdoing. The economic benefit component is an attempt for the agency to prevent a company from benefiting financially by violating the law. There are other cases where the penalty is broken down into subcomponents meaning that they are independent and then summed together to determine the right penalty. They can be summed by three different pieces. The first one is the actual or possible harm, second is the importance to the regulatory scheme of the violation, and third is the size of the violator.

       

       

       

    22. True or False. Punishment for criminal conviction includes not only the possibility of large fines, but also the threat of incarceration for individuals, including company officials. 

      True

       

    23. What does the acronym RCRA stand for?

     

     

     

    RCRA stands for Resource Conservation and Recovery Act. They were enacted in 1976. It is the principal federal law in the United States governing the disposal of solid waste and hazardous materials. It was enacted by congress. The goal is protect humans and the environment from potential hazards of waste disposal. They are here to reduce the amount of waste generated and to ensure that are waste is managed in an environmentally manner.   

     

     

     

     

     

    1. RCRA was implemented in what year and why was it implemented? 

       

      RCRA was enacted in the year 1976 by congress from the management of solid waste, hazardous waste, and underground storage tanks.

       

       

       

    2. Fill in the blanks. RCRA was amended by the EPA and Congress Amendments of 1976.

       

    3. RCRA was designed to provide “cradle to grave” controls. Describe what “cradle to grave” means and why it is necessary.

       

       Cradle to grave means that you when you buy a product or a hazardous material you own that product until you get rid of it. An example of getting rid of hazardous waste is bringing it to a place that disposes of hazardous waste. After giving it to them you do not own it anymore so it is not your responsibility.  It is necessary to have the idea of cradle to grave because someone needs to be responsible for what happens to the product. This means that you name or the companies name is on the product until it gone or disposed of the right way. For example if you have a drum of hazardous waste that you give to a shipping company that is supposed to deliver it to a hazardous disposal site but drops it somewhere, then in the long run due to the cradle to grave rule you have to pay to do something with it and you will get fined for having a drum in a place where it does not belong. The cradle to grave rule just gives a product a home until the person does something with the product. 

       

       

       

       

       

    4. What is a TSDF and what standards do they have to follow?

       TSDF: It is the Treatment, Storage and Disposal Facility. It is a facility that is permitted to treat, store and dispose of hazardous waste in special units. The units are mostly called hazardous waste management units. They have to follow the Waste Analysis Plan. The WAP must, at a minimum, contain the following basic elements. It must have the parameters analyzed, it needs to have testing and analytical methods, their needs to be sampling methods used to obtain samples, there need to re-evaluation of the waste every so often, for off-site TSDF there needs to be analyses that generators have agrees to supply, and there needs to be producers that ensure that the waste received at the off-site TSDF matches the identity of the waste designated on the accompanying manifest.

       

       

       

       

       

       

    5. What is a “generator” and what standards do they have to follow? Provide a detailed but brief description. 

       Generator: Hazardous Waste Generators are the first step to the cradle to grave process. They must determine if the waste they have is hazardous and then they will oversee the fate of that waste. Generators ensure that there is full documents showing that the hazardous waste they produce is properly identified, managed, and that it is treat prior to recycling or disposing. First the generators creates or produces a hazardous waste, then brings the hazardous waste into the RCRA Subtitle c system for proper classification of their waste to ensure proper handling later in the hazardous waste management process. There are three types of generators LQG’s, SQG’s, and CESQG’s.

       

       

       

       

    6. What is the difference between a “Large Quantity Generator” and a “Small Quantity Generator”?

      Large Quantity Generators:  They generate 1,000 kilograms per month or more of hazardous waste. They are able to accumulate their waste for up to 90 days.

      Small Quantity Generators: They are able to generate 100 kilograms or less per month of hazardous waste. They are allowed to accumulate their hazardous waste on their site for up to 180 days.

       

       

       

       

    7. What rules must a CESQG follow? Is it the same as LQG and SQG?

       CESQG: They must follow rules such as they cannot generate more than 100 kilograms of hazardous per month, and they have to comply with three basic waste management requirements to remain exempt from a full hazardous waste regulations that apply to generators of large quantities. The three requirements are that they have to identify your hazardous waste, thy have to comply with storage quantity limits, and they have to ensure proper treatment and disposal of your waste. The three requirements are the same as the LOQ’s and the SOQ’s, but the difference between the three is the amount of waste that you are allowed to store at your site and how long you can store the waste for.

       

       

       

       

       

       

       

    8. What is the definition of a “solid waste”? 

       Solid waste: Is any garbage, refuse, sludge, from a wastewater treatment plant or air pollution control facility and it consist of materials including solid, liquid, semi-solid, or contained gaseous materials. It is not necessarily a hazardous waste.

       

       

       

       

    9. What is the definition of a “hazardous waste”? 

       Hazardous Waste: It is a byproduct produced by manufacturers that is toxic and presents a potential threat to people and the environment. It is a product that has to be treated in a certain way mostly by putting the liquids into drum and other hazardous materials should be brought to a hazardous waste disposal site.

                                                    

       

       

       

       

    10. What are the four hazardous waste characteristics? Name and briefly describe each. 

     

    1. Ignitability: It is waste that can create fires under certain conditions and has a flash point of less than 60 degrees Celsius. It includes waste such as oil or used solvents.

    2. Corrosive: It is waste that is an acid or a base. It is capable of corroding metal containers such as tanks, drums, or barrels. An example of a corrosive waste is battery acid.

    3. Reactive: It is waste that is unstable under normal conditions. It can cause explosions, toxic fumes, gases, or vapors when heated, compressed or mixed with water. An example is lithium- sulfur batteries.

    4. Toxic: It is waste that is harmful or fatal when ingested or absorbed. When they are land disposed the waste may pollute the ground water. 

     

     

     

     

     

     

     

     

     

     

     

    1. What is a “listed waste”? Give a specific description. 

       Listed Waste: It is an organized list that determines the specifics of hazardous waste into three categories’.

     

    1. The F-List: This list identifies wastes from common manufacturing companies such as solvents. The processes of producing these wastes can occur in different sectors the F-List wastes are known as wastes from non-specific sources.

    2. The K-List: This list includes certain wastes from specific industries such as pesticide manufacturing. Certain wastewater from treatment processes are examples of source-specific wastes.

    3. The P-List and the U-List: These lists include specific commercial chemical products. They are in the unused form. Some pharmaceutical products become hazardous waste when discarded and would fall under these lists.  

     

     

     

     

     

     

     

     

     

     

     

     

     

    1. Fill in the blank. Any person who violates any requirement of Subtitle C is liable for a civil penalty up to $ 37,500 per day per violation? 

       

    2. Fill in the blank. Regulation of nonhazardous waste is the responsibility of the states pursuant to Subtitle C of RCRA.

       

       

       

    3. What is a manifest and what important information is required? 

       A manifest is a set of forms, reports, and procedures designed to seamlessly track hazardous waste from the time it leave the generator until it reaches the off-site waste management facility. The system allows the waste generator to verify that its waste has been properly delivered and that no waste has been lost or unaccounted for in the process. The system which is a form prepared by all generators who transport hazardous waste for off-site treatment, recycling, storage, or disposal. When the form is completed it contains all of the information of the type and quantity of the waste that is being transported. This form is required by the DOT and EPA. There are many copies of this manifest that are for many different people. One of the forms goes to the person who handles the waste in transporting, and the other copy remains to the company who is getting rid of the waste. Once the waste reaches the off-site treatment plant the manifest has to be signed and shipped to the generator to allow them to know if their waste was delivered to the right people and it lets them know if all of it was delivered.  

       

       

    4. What incidents helped create environmental protection specifically RCRA regulations? Describe, in detail. Also describe why environmental regulations are important.

       The EPA has had a regulatory plan for over 25 years since its formation has overseen a remarkably successful effort to rid are nation of the most unsightly effects of pollution. Many of America’s rivers and streams have be restored to healthful recreational use. There have many different things that deal with pollution in the world that gave the EPA a reason to RCRA and many other organizations. An example of why the EPA creates these groups is Love Canal because it was a superfund site that was very harmful to human health and it was a much polluted area. It was a place where families lived for many years having kids there. It wasn’t until kids started getting sick there that people living there finally realized that something wasn’t right and that’s when they found out about all the hazardous chemicals that have been buried underground where they are living. A women created a group of people that went and talked in front a big group of people about what was going on and the fact that they all want to leave and get out of there. With all of the work they did they finally got to leave and move somewhere better but by this time it was too late a lot of the kids that were born already had many different health issues. By moving out of love canal it helped many people have a healthier lifestyle. This helped the EPA see that they had the responsible to help protect the public health and the environment in a flexible manner that does not place undue burden on the economy.

       

       

       

       

       

       

       

       

       

       

       

       

       

       

       

       

       

       

    5. What concerns are there when considering the Keystone XL pipeline? What are concerns that the Congress and President have when considering allowing the pipeline to go through? What are other oil related issues that we should be concerned with and what are the costs involved? 

       The president has veto the keystone pipeline xl bill. People are saying that the pipeline is not going to help the US with jobs it is just going to hurt the number of jobs in this country. It is also that there is one of the largest and richest forest that stretches across northern Alberta which will be effected by putting in the pipeline. It will take away the homes to many wildlife animals. Another main concern people have with putting in the pipeline is that it is producing dirty fuel into the air that we all breathe. The pipeline will also be going over the world’s biggest freshwater aquifer. The pipeline with be harmful to people, water, wildlife, and the climate. Once the pipeline is mined it will leave tar sand behind in a toxic sludge that will leak into rivers every day. The pipeline is not safe for the environment or for human health.

       

       

       

       

       

       

       

       

       

     

     

     

     

DRAFT: This module has unpublished changes.