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POTOMAC ELEC. POWER CO. v. ENVIRONMENTAL PROTECTION AGCY.

No. 80-1255.

650 F.2d 509 (1981)

POTOMAC ELECTRIC POWER COMPANY, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Douglas M. Costle, Administrator, and Jack J. Schramm, Regional Administrator, Environmental Protection Agency, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided June 4, 1981.

Rehearing Denied August 25, 1981.

Attorney(s) appearing for the Case

George V. Allen, Jr., Washington, D. C. (William P. Barr, Shaw, Pittman, Potts & Trowbridge, Washington, D. C., Alan G. Kirk, II, Potomac Electric Power Company, Washington, D. C., on brief), for petitioner.

Bingham Kennedy, Dept. of Justice, Washington, D. C. (Todd Joseph, Environmental Protection Agency, Angus MacBeth, Acting Asst. Atty. Gen., David Mayer, Environmental Protection Agency, Washington, D. C., on brief), for respondents.

Before WIDENER, PHILLIPS and ERVIN, Circuit Judges.

JAMES DICKSON PHILLIPS, Circuit Judge:

The Potomac Electric Power Company (PEPCO) has petitioned this court, pursuant to § 307(b)(1) of the Clean Air Act, 42 U.S.C. § 7607(b)(1), for review of a decision of the Environmental Protection Agency (EPA), through one of its regional administrators, finding that the boiler at PEPCO's Chalk Point Unit # 4 electric generating station is subject to the new source performance standard (NSPS), see 40 C.F.R. ...

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