No. 77-2989.

587 F.2d 237 (1979)

PPG INDUSTRIES, INC., Petitioner, v. Adlene HARRISON, Regional Administrator, and Douglas M. Costle, Administrator of Environmental Protection Agency, Respondents.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 26, 1979.

Attorney(s) appearing for the Case

Oliver P. Stockwell, Charles, La., George P. Cheney, Jr., PPG Industries, Inc., Pittsburgh, Pa., Charles F. Lettow, Washington, D. C., for petitioner.

J. Berry St. John, Jr., John M. Wilson, New Orleans, La., Clyde R. Hampton, Denver, Colo., Douglas D. Ehrlich, Houston, Tex., for intervenor Continental Oil Co.

Douglas M. Costle, Administrator, EPA, Griffin B. Bell, Atty. Gen., Bethami Auerbach, EPA, Michael P. Carlton, Land and Natural Resources Div., James W. Moorman, Asst. Atty. Gen., Angus Macbeth, Chief, Pollution Control Section, Dept. of Justice, Washington, D. C., for respondent.

Before RONEY, TJOFLAT and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 26, 1979.

RONEY, Circuit Judge:

In this case PPG Industries, Inc. appeals an action of the Administrator of the Environmental Protection Agency (EPA) subjecting the "waste heat" boilers of its recently constructed power plant to new source performance standards for fossil fuel-fired steam generating units. 40 C.F.R. §§ 60.40-46 (1977). PPG first challenges this Court's jurisdiction to entertain the...

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