i thought his position is any naaqs glutens, all naaqs pollutants. >> that is right, your honor, and that is a distinction. our position is similar, but not identical, to his position. >> and it comes from a differenh it is treated portion of the statutory language. >> that is right and we are focused on the language in any area to which this part applies. why the judges argument has been left by the wayside? ument hase judge's arg been left by the wayside? >> it is very similar. well, it comes from different statutory language. his arguments about the structure of the statue do not apply to your argument. >> that is the argument we made below. >> i do not think that answers the question. >> excuse me, your honor? >> that is>> i said i do not tht answers the question. >> no, it is just it is been hard to make two alternative arguments. >> epa has added many others across the years. those?out all of >> your honor, it is true that itr since 1980, although proposed our interpretation as its original interpretation of the statute, ever since epa said that any pollutant, whether it aqs po

. >> at the agency tried to establish a naaqs we think it would be contrary to the statute because the national ambient air quality standards are about regional concentrations. this area and are out of compliance. if the gas goes to the atmosphere in this mix they are the whole country is going to be in attainment are the whole country is going to be out of attainment. >> what do you take an extra five minutes and you can begin by answering the question, the government disaggregate it the discussion in the first in their brief is that greenhouse gases can be regulated with respect to sources that are already covered by the psd program. that position does not implicate your concern about the broad reach of epa regulation, does it? >> i think it does run it because while that may deal with the issue of rewriting the threshold effect that the psd provisions for the reasons i've indicated is limited to air quality impacts would he violated by applying best told control technology to have globally dispersed substance like greenhouse gases. >> understand that they would only be applying that