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BUCKEYE POWER, INC. v. ENVIRONMENTAL PROTECTION AGCY.

Nos. 72-1628, 72-1629 and 72-1632.

481 F.2d 162 (1973)

BUCKEYE POWER, INC., et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. EAST KENTUCKY RURAL ELECTRICAL COOPERATIVE CORPORATION et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. BIG RIVERS RURAL ELECTRIC COOPERATIVE CORPORATION et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided June 28, 1973.

Attorney(s) appearing for the Case

Leslie Henry, Wilson W. Snyder, Toledo, Ohio, on brief, for all petitioners; Fuller, Henry, Hodge & Snyder, Toledo, Ohio, of counsel.

William D. Ruckelshaus, Admr., John R. Quarles, Gen. Counsel, Environmental Protection Agency, Washington, D. C., Kent Frizzell, Asst. Atty. Gen., Land & Natural Resources Div. Dept. of Justice, Edmund B. Clark, Appellate Section, Peter R. Steenland, Washington, D. C., John E. Varnum, Alexandria, Va., for appellees.

Ed W. Hancock, Atty. Gen., David B. Beals, Kenneth A. Howe, Asst. Attys. Gen., Frankfort, Ky., for Commonwealth of Kentucky, intervenor; John E. Varnum, Appellate Section, Dept. of Justice on brief.

Before WEICK and PECK, Circuit Judges, and CECIL, Senior Circuit Judge.

WEICK, Circuit Judge.

The petitioners are public utility companies which operate power plants within the State of Ohio and the Commonwealth of Kentucky. Pursuant to the Clean Air Act Amendments of 1970, 42 U.S.C. §§ 1857 to 1858 (1973 Supp.), Ohio and Kentucky submitted pollution-abatement plans to the Administrator of the Environmental Protection Agency (EPA). The implementation plans, with minor exceptions not here relevant, were approved by the Administrator...

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