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The National Emission Standards for Hazardous Air Pollutants (NESHAP) are air pollution standards issued by the United States Environmental Protection Agency (EPA). The standards, authorized by the Clean Air Act, are for pollutants not covered by the National Ambient Air Quality Standards (NAAQS) that may cause an increase in fatalities or in serious, irreversible, or incapacitating illness.
40 CFR 50.18: Secondary 15 μg/m 3: annual Annual mean, averaged over 3 years 40 CFR 50.7: Primary and Secondary 35 μg/m 3: 24-hour 98th percentile, averaged over 3 years 40 CFR 50.18: Carbon monoxide (CO) Primary 35 ppm (40 mg/m 3) 1-hour Not to be exceeded more than once per year 40 CFR 50.8: Primary 9 ppm (10 mg/m 3) 8-hour
The Ninth Circuit has read these regulations to mean that "the public must be given an opportunity to comment on draft EAs and EISs." Anderson v. Evans, 371 F.3d 475, 487 (9th Cir.2004). Because the regulations "must mean something," the Circuit has held that an agency's failure to obtain any public input on a draft EA "violates these regulations."
Three independent counsel investigations had jurisdictions that were specified in regulations: the Iran–Contra investigation in 1987 (28 Code of Federal Regulations sec. 601.1); Edwin Meese III, the Wedtech case in 1987 (sec. 602.1), and President Bill and First Lady Hillary Clinton in the Madison Guaranty/Whitewater case in 1994 (sec. 603.1).
A few volumes of the CFR at a law library (titles 12–26) In the law of the United States, the Code of Federal Regulations (CFR) is the codification of the general and permanent regulations promulgated by the executive departments and agencies of the federal government of the United States. The CFR is divided into 50 titles that represent ...
In 2011 EPA issued a SNUR on multi-walled carbon nanotubes, codified as 40 CFR 721.10155. Other statutes falling in the EPA's jurisdiction may apply, such as Federal Insecticide, Fungicide, and Rodenticide Act (if bacterial claims are being made), Clean Air Act, or Clean Water Act.
The case involves developers John A. Rapanos (Midland, Michigan) and June Carabell, whose separate projects were stopped because of the environmental regulations that make up the Clean Water Act. In the late 1980s, Rapanos prepared 22 acres (8.9 ha) of land for the development of a mall by pulling trees and filling the hole with sand.