And because the minimum standard can vary dramatically so too will costs vary dramatically. So youre having the epa consider costs before the epa can know what the costs are. Your honor if i can respond to that before the other question at the other end of the bench, epa does know what the costs are through the rulemaking process in which it undertakes notice and comment with respect to both the m1a determination and the Emission Standard. Section 7607 d1c of the Clean Air Act lists subsection n as one of the provisions that requires notice and comment rulemaking und your the special Clean Air Act procedures. And this is why the agency explained that theres no final m1a until the end of the process, until notice and comment, and weve taken and determined what the costs are. And this is then confirming what Justice Breyer said. The point that you had an opportunity and apparently took advantage of it to tell the epa that it should subcategorize this source. And it decided to subcategori
Thing about the 12 . Now ive got the word similar source. Which then can refer me back to the categorization of two thingse sass i say, maybe. Then i have aside from that hey, heres what you do. When youre regulating, you look at the top 12 generators, and thats the minimum standard. So they might want to say hey, thats not right. I mean its right, it says it. But if you go to the bottom 50 generators, youre going to see it is not going to cost 120 per family. It is going to cost 1,000 a family. And we have the epa saying we wont even look at that point i begin to say, oh my goodness, why . Why wont you even look at it . You can say it isnt true, but why wont you even look at it . Now the answer seems to be in that word similar source and classes and is up classes. Because were there such an argument. Maybe the epa could say, dont worry if there is such an argument which there isnt we have the power here you should the statute to take itkbna into account. Now, you know where that argum
20 Justice Sotomayor host they said it was not final. There is no final determination or listing and we are going to take comment on that as part of the rulemaking to examine the admission standards. The Agency Addresses related to in light of this study address whether such regulation under the section is appropriate and necessary for power plants. It may be necessary to regulate Something Like mercury. That may not be the appropriate Regulatory Regime if their view of the statute is not to focus on whether such regulation is appropriate, whether listing of power plants is under subsection c is appropriate just like every other source. Justice scalia can i ask whether that listing are subject to the categorization device that Justice Breyer was asking about . Could the agency say were going to divide these categories since 80 of plants dont have waterfalls nearby, were going to exempt them from these minimum standards . Mr. Brownell no, your honor not at a listing stage. Justice kagan
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