Ppg Industries, Inc. v. Adlene Harrison, Regional Administrator, and Douglas M. Costle, Administrator of Environmental Protection Agency

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 appeal, having filed its petition for review both here and in the district court because of jurisdictional uncertainty. On the merits PPG contends that the performance standards for fossil fuel-fired steam…