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NATIONAL CRUSHED STONE ASS'N v. E. P. A.

Nos. 76-1914, 76-1929 and 76-1930.

601 F.2d 111 (1979)

NATIONAL CRUSHED STONE ASSOCIATION, INC. and Luck Quarries, Inc., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, WARREN BROTHERS COMPANY, a Division of Ashland Oil Co., Inc., and Ashland Oil, Inc., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. ARKHOLA SAND AND GRAVEL COMPANY, a Wholly Owned Subsidiary of Ashland Oil, Inc., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided June 18, 1979.

Attorney(s) appearing for the Case

Theodore L. Garrett, Washington, D. C. (Covington & Burling, Washington, D. C., on brief), for petitioners.

James A. Rogers, U. S. Environmental Protection Agency, Barbara Brandon, Atty. Dept. of Justice, Washington, D. C. (James W. Moorman, Asst. Atty. Gen., Land and Natural Resources Division, Angus Macbeth, Chief, Pollution Control Section, Joan Z. Bernstein, Gen. Counsel, and Bruce M. Diamond, Atty., Environmental Protection Agency, Washington, D. C., on brief), for respondent.

Before HAYNSWORTH, Chief Judge, and RUSSELL and WIDENER, Circuit Judges.

WIDENER, Circuit Judge:

Petitioners, National Crushed Stone Association (NCSA), Warren Brothers Company (Warren Brothers), and Arkhola Sand and Gravel Company (Arkhola) seek review of certain regulations promulgated by the Environmental Protection Agency (EPA) pursuant to §§ 301, 304 of the Federal Water Pollution Control Act (FWPCA), 33 U.S.C. §§ 1311, 1314. These regulations establish limitations on the discharge of pollutants

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