QUESTIONS AND ANSWERS 2025-2026
Under OPA, what are the criteria for a facility to need secondary containment and an
SPCC plan? - CORRECT ANSWER-Potential to discharge to navigable waters, above
ground Oil storage >1320 gallons OR Below ground oil storage >42,000 gallons
Waters of the US/Navigable Waters - CORRECT ANSWER-Territorial Seas
Tidal Waters
Non-Tidal Waters
Wetlands
CAA (Clean Air Act) - CORRECT ANSWER-Permitting for almost all types of industrial
discharges into air.
Some are permits by rule, some require the full permitting process
Ambient Air Quality Standards (NAAQS) for hazardous air pollutants (HAPS):
Sulfur Oxides (Sox),
Nitrogen Dioxide / Nitrogen Oxides (NOX),
Ozone,
Carbon Monoxide,
Lead,
Particulate Matter.
State Implementation Plans (SIPs
RCRA - CORRECT ANSWER- (Resource Conservation and Recovery Act)
Defined solid and hazardous waste
Standards for landfill design and construction (as well as permitting)
Standards for hazardous waste handling facilities (treatment, storage and disposal -
TSD - facilities)
Created "Cradle to Grave" responsibility for wastes.
Created rules for Underground Storage Tanks
Also created the "Mixing Rule" - mixing a non-hazardous w
CERCLA - CORRECT ANSWER- (Comprehensive Environmental Response,
Compensation and Liability Act)
Created a trust fund to clean up abandoned hazardous-waste sites (orphan sites)
Gave EPA power to seek potentially responsible parties (PRPs) to either participate or
repay the superfund for the cleanup.
Created the "innocent landowner defense"
Defined "due diligence" as a Phase I Environmental Site Assessment (ESA)
, Under OPA, how much volume does the secondary containment have to contain? -
CORRECT ANSWER-No specified amount but 110% is recommendation
Under CERCLA how does a buyer protect his/her innocent landowner defense -
CORRECT ANSWER-Due Diligence by trying to figure out if the property has been
impacted
What kinds of things are regulated under the CWA - CORRECT ANSWER-Storm
Water, industrial, waste treatment, Dredge and fill 404, Water quality surface water?
What are the two types of storm water permitting? - CORRECT ANSWER-Municipal
Separate Storm Sewer Systems (MS4s); Industrial Storm Water Discharge (NAICS)
What's the name of the Texas Storm water program - CORRECT ANSWER-Texas
Pollutant Discharge Elimination System (TPDES)?
If a facility or construction site must have a storm water permit, what sort of plan is
required? - CORRECT ANSWER-SWP3 that includes BMPs to prevent pollution of
storm water
What agency regulates dredge and fill permits for navigable waters? - CORRECT
ANSWER-US Army Corps of Engineers (USACE)
What kinds of activities are regulated under the USACE 404 permits? - CORRECT
ANSWER-Dredge and Fill, Land leveling, mechanized land clearing, culverts, and
temporary stock piling
Common Plan of Development - CORRECT ANSWER-If you are disturbing less than 1
acre, but that acre is part of a common plan of development, then you are subject to the
permitting requirements, including SWP3 and BMPs
What agency is responsible for most environmental issues at the federal level? -
CORRECT ANSWER-Environmental Protection Agency (EPA)
What agency is responsible for worker’s safety? - CORRECT ANSWER-Occupational
Safety and Health Administration (OSHA)
What is the Texas Agency responsible for Environmental Issues - CORRECT
ANSWER-Texas Commission of Environmental Quality (TCEQ)?