Intro to Enviromental Permitting

Intro to Enviromental Permitting
Attached is the assignment . In a word document.

Answers about locations in the regulations or statutes should have the following formats:


____ C.F.R. _______ __ T.A.C._____ regulation [agency]\

____ U.S.C. § _______ Texas [name of code] Code § ____ statute [Congress or legislature]

[Ex.- Texas Water Code, Texas Government Code]

__ Tex. Reg. ____ ___ Fed. Reg. _____ [opt: ___ FR ___] proposed or new regulations or notices

For the Federal Register, the two digit volume number that goes in the first blank changes on the first business day of each year. The Federal Register is printed each business day. The second blank is the page number. Page numbers run consecutively for the entire year! Once you get into the year, this can quickly become a 5 digit number. The “No.” that changes each day is NOT included in this citation. The Texas Register is printed weekly.

In 2016, the Environmental Protection Agency published a final rule in the Federal Register establishing tolerances for residuals of cyazofamid (a fungicide) on bulb vegetables and certain herbs. (21% total, 3% each unless otherwise noted)

Where is this notice found in the Federal Register? Be sure to use the citation for the 6 page notice of the final rule.

______ FR _____________

[Put the Vol. number (2 digits – changes each year) in the first blank and the page number (up to 5 digits) in the second blank. The No. (changes each day) is not needed here.]

On what date was this recent notice published in the Federal Register?

c. This rule doesn’t follow the typical rulemaking process described in some of your course materials. It becomes effective final rule on the date published, but there is an opportunity to state objections or request a hearing on this issue. By what must date must these objections or hearing requests be submitted?

d. Name the target organ in rats for this pesticide.

e. There are various ways to submit comments. Provide the name and e-mail address of the person that e-mailed comments should be sent to:

f. State the residual value, in parts per million, for cyazofamid on or in bulb vegetables.

g. This residual will be added to an existing table in the Code of Federal Regulations (CFR). This table is found in

____ CFR ______ . ______

[Fill in the 3 blanks correctly]

The Attorney General (AG) of the State of Texas issues Attorney General Opinions to address various state law issues. Information about when and how these opinions can be issued is fairly easy to find in the Internet. (The AG’s website would be an authoritative source.) The text of these opinions also can be found fairly easily online. (30%)

True/False — Mark the correct answer clearly (highlighting, or larger and bolder font) (5@2%=10%)

Attorney General Opinions (AGO) clarify the meaning of existing law. True False

Any Texas citizen is authorized to request and require a response to an AGO. True False

Most opinions are issued within 180 days of the request True False

An AGO is presumed to correctly state the law unless it is modified or overruled. True False

An AGO is often used to correct undesirable, unintended consequences

of a law. True False

The President and Chairman of the Board of Directors of the Trinity River Authority requested an AGO about whether Texas’ Open Meetings Act prohibited a governmental entity from holding meetings at a location where a government-issued photo ID must pre presented for admission. In 2015, Attorney General, Ken Paxtom, issued his opinion on this issue. Find this opinion and answer the following questions.

Provide the number and date of the Attorney General Opinion that answers b. above. (5%)

Provide the name, position (it is given above) and address of the person who requested this AGO. (5%)

According to this opinion, is a Texas court likely to find that the Trinity River Authority is prohibited from holding its meetings at a location that required presentation of a government-issued photo ID for admittance? (5%)

In a couple of sentences, explain the reasoning for the answer to the question above? (5%)

The same day that the EPA published notice of the rule in question 1, the Agency for Toxic Substance and Disease Registry (ATSDR) noticed the availability of the Toxicological Profile for Glutaraldehyde for review and comment.

(16% total; 4% each)

Where is this notice found in the Federal Register?

______ FR _____________

By what date must written comments be received by the ATSDR?

ATSDR’s authority to prepare such toxicological profiles is based on what statute?

State the name, position, and e-mail address of the person to be contacted if you want more information on this issue.

On this same date, the Federal Energy Regulatory Commission (FERC) published in the Federal Register a Notice of the Availability of Environmental Assessment for the Proposed Northern Supply Access Project. (15% total; 5% each)

By what date must comments on this environmental assessment (EA) be received by FERC?

Name the company that is seeking authorization to construct this project that requires approval by FERC?

This project would involve modifying some existing compressor stations and building new compressor station. In what city would the new station be constructed?

With respect to the San Jacinto River Waste Pits Superfund Site:

(18% total; 3% a. to d.; 6% e.)

State the proposal date for including this site on the NPL (National Priorities List, otherwise known as the Superfind site list.)

State the final listing date on the NPL for this site.

Name the two PRP’s (Potentially Responsible Parties) for this Superfund site.

State how many people live within 1 mile of this site. (Values from any EPA report within the past year will be accepted. Don’t worry about possible minor differenced.)

Briefly describe what was discovered in late 2015 that has raised concerns about this site.

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