[Download] "Ppg Industries Inc. v. Harrison" by Fifth Circuit United States Court Of Appeals # Book PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Ppg Industries Inc. v. Harrison
• Author : Fifth Circuit United States Court Of Appeals
• Release Date : January 08, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

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 generators have no application to its waste heat boilers, which are fueled only partially by fossil fuels. Even if the standards apply, PPG argues, the final action taken by the Administrator here was without statutory authority for two reasons: first, having started construction before the effective date of the regulations, the waste heat boilers were not a ""new source"" to which the statute applied; second, the Administrator had authority only to set standards for emission limitations, whereas here a standard for source fuel was imposed. In any event, PPG asserts the Administrator's action was arbitrary and capricious. Finding this Court lacks jurisdiction, we dismiss the petition. I. PPG's Lake Charles Facility Petitioner PPG Industries, Inc. owns and operates a chemical manufacturing plant located at Lake Charles, Louisiana, which requires large amounts of steam and electricity for its operations. To meet its energy requirements, PPG recently constructed a power plant designed to take advantage of fuel-efficient ""cogeneration"" technology. The power plant is comprised of two similar units. In each unit fossil fuel is burned in a General Electric gas turbine generator to produce electricity. Energy, or ""waste heat"" thrown off by the turbine's exhaust, which would normally be discharged into the atmosphere, is funnelled as a heat source into a ""waste heat"" boiler which also burns fuel oil. This exhaust from the turbines contributes nearly 40% (approximately 371 million British thermal units per hour) of the total input to the waste heat boiler, while the remaining heat (approximately 598 million British thermal units per hour) is provided by combustion of fuel oil or natural gas, known as fossil fuels. The highly pressurized steam produced by the waste heat boiler is first used to turn a ""backpressure"" turbogenerator, thereby creating more electricity, and is then channelled into PPG's main plant for use in the manufacturing process.

Free PDF Download "Ppg Industries Inc. v. Harrison" Online ePub Kindle