mr. keisler i'm not what this statutory provision as you are talking about. is it 7411? you are saying they could use 7411a or b. there must be some reason they didn't do that. >> they are doing it your honor. >> and i don't know what the case is about. you agree that they could do it under the other one. >> it's not exactly the same thing. it's the difference between a notice of common rule-making establishing national emission standards and then the plants can deal with that incentive system the best way they can versus this command and control psd program where authorities are each having to decide on their own what controls they think each plant in their area should engage in on order to deal with global warming. it makes perfect sense addressing the areas pacific impacts of plants built in their states. >> eight says substandard with modifications as he deems appropriate. >> of this is the right program why couldn't they copy it word for word? into the rules and put a different section into the rebuttal? i know you have a preferred way to do it but if they disagreed