Kennecott Copper Corporation v. Environmental Protection Agency, the Project on Clean Air of the Natural Resources Defense Council, Inc., Intervenors

LEVENTHAL, Circuit Judge:

In this appeal, Kennecott Copper Corporation attacks the “national secondary ambient air quality standards” for sulfur oxides, promulgated by the Environmental Protection Agency on April 30, 1971. 1 It raises as objections that the standards (1) were not “based on” the underlying “air quality criteria” issued by the Government, as required by Section 109 of the Clean Air Act (Act), as amended in 1970; 2 (2) were not accompanied by a “concise general statement of their basis and purpose” as required by § 4(c) of the Administrative Procedure Act, 3 and in any event (3)…