A regulatory agency’s powers and authority are limited by: a) its enabling legis

Question

A regulatory agency’s powers and authority are limited by:

            a) its enabling legislation or statute.

            b) the agency’s limited ability to interpret the law.

c) how many specialists they employ in the various legal areas they

administer.

d) the interpretations and policies set forth by the head of the agency.

After the Supreme Court’s holding in Massachusetts v. EPA that greenhouse gases from motor vehicles were an “air pollutant” under the Clean Air Act, what did EPA have to do before it could regulate or chose not to regulate them?

a) EPA was required to make a determination whether the greenhouse gases at issue caused or contributed to air pollution reasonably anticipated to endanger health or the environment (i.e., the “endangerment finding”)

b) EPA was only required to use other existing statutes or laws to adjudicate this issue

c) EPA had to find a federal court that would agree to support them being the authority to regulate greenhouse gas from transportation

d) EPA chose not to be the authority and sent it to the individual states to decide

EPA’s “Tailoring” Rule imposes Title V and PSD permitting requirements on certain large stationary sources of greenhouse gas emissions.

a) True

b) False

You are the environmental manager or environmental engineer of a facility that is contemplating an expansion project. The expansion project is estimated to take over one year to complete. Based on your evaluation, the project would not be subject to PSD permitting based on any increase in criteria pollutants. However, your review of EPA’s Tailoring Rule and an evaluation of the increase in potential greenhouse gas emissions from the project indicates that the project would be subject to GHG Title V permitting. To avoid GHG BACT permitting requirements, what do you recommend to your facility manager?

a) The facility must ensure that PSD for criteria pollutants will not exceed threshold or significance levels as a result of the expansion.

b) EPA has been ordered by the Supreme Court to suspend all GHG permitting requirements. Therefore, the facility can expand as much as it wishes without triggering GHG Title V permitting requirements.

c) Proceed with the expansion because PSD permits can not be issued yet since no laws have been passed to allow greenhouse gases to be permitted.

d) Proceed with the expansion because the Tailoring Rule does not apply to expansion of facilities.

Regarding NAAQS Air Quality regions, under the CAAA of 1990, what is

the primary difference between NSR and PSD?

            a) NSR is for non-attainment areas; PSD is for Attainment areas

            b) PSD is for non-attainment areas; NSR is for attainment areas

            c) there is no difference in NSR and PSD area air pollution requirements

            d) NAAQS does not apply to NSR; only applies to PSD areas

Explanation / Answer

1.

d) the interpretations and policies set forth by the head of the agency.

2. c) EPA had to find a federal court that would agree to support them being the authority to regulate greenhouse gas from transportation

3. True

4. b) EPA has been ordered by the Supreme Court to suspend all GHG permitting requirements. Therefore, the facility can expand as much as it wishes without triggering GHG Title V permitting requirements.

5. a) NSR is for non-attainment areas; PSD is for Attainment areas

Related Questions

Navigate

• Browse (All)
• Browse A
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.