the psd and title v -- the mean any regulated air pollutant. finally, they interpret the phrase any pollutant to mean any visibility impairing pollutant. if this is forced to be apply to every provision of the clean air act, all the epa interpretations would have to be discarded. >> if you think about the definition, you are saying what does any air pollutant mean? does it mean what epa has said it means for 30 years? or does it mean something more along what -- along the lines of what you are saying? you would obviously choose epa's version of the thing. the only reason you are not choosing that is because of these numbers that are in the statute which were designed only or does it mean something more along what -- along the lines of what you are saying? you would obviously choose epa's version of the thing. the only reason you are not choosing that is because of these numbers that are in the statute which were designed only to distinguish between major and minor imagers. -- emitters. if you can distinguish between them, why wouldn't you do th

that explains what psd refers to. program says the consists of emissions limitations as may be necessary to prevent significant deterioration of air quality in each region. resident --in each regionally defined effects on the air people breathe. >> there are many statutes and the wrigley tory area where congress passes a statute -- in the regulatory area where congress passes a statute. it turns out there are so many -- often, i would think courts read in an exception. example, if there were a statute that said you have to throw out all bubblegum that has been around for more than a gum usedhat about bubble mo in a display case that nobody intends to eat? we can say, it doesn't mean to apply to that. why can't the epa do that as well? make sense here, so we read in exception into it, unwritten. >> i don't know that there actually is a president that says the agency can do precisely what it did here. that says the agency can do precisely what it did here. >> i am a little confused. pollutantsto be where it doesn't and

. -- psd program.they can trigger its applicable of the and it would not be subject to the determine knowledge book -- available. >> that is the clause that they are not local. >> yes. >> what you make of the endangerment finding that they have severe effects at the local level? the endangerment finding is not before us today. but the endangerment finding is that they exacerbate ground-level ozone and smog. >> every effect that any environmental phenomena has will be felt in some local area. our point is that is not the kind of measurable regionally defined air quality that the psd statute refers to. >> it certainly not measurable. >> before you do that, we have an outstanding question. >> the problem is not that the agency rewrote the threshold and said we would eventually try. as it did say, to get down to the level of statutory thresholds. when epa says they want to get down to the apartment buildings and high schools, it is contravening congressional intent. >> i read them as saying they will try t

we don't know if the psd could return. i talked to vietnam vet to symptoms either recur or developed when the iraq war kicked off. exposure to a new trigger could bring his psc --ptsd symptoms that. their shrapnel in his brain that could shift. they didn't close the hole in his skull. he has a hole in his skull and pretty well protected by muscle but that is still -- a literal weak spot. long-term future, 30, 40 years out i have no idea. might not be the best prognosis but i will stay hopeful and hope with all the unfortunately high numbers of people have come back with traumatic brain injury there will be more research and we can learn more and the dod or va will develop treatments to stave off things like dementia. thank you. other questions? shall we wrap up? we have time for one more. i don't know what time it is. time for one more than one has questions. >> talk more about women have in the military, they seem to have been pretty well neglected over a long period of time from what i read in the newspaper and could you

has regulated for years and used as a trigger for years to require psd permits which would put you at risking excluding from the program if you were to adopt the judge cavanaugh -- >> i have to say in breading dunk reading the brief for the state and reading your brief i couldn't find a single precedent that strongly supports your position. brown and williamson is distinguishable i think for the reasons set forth in the reply brief. what are the sources you want to cite to support your position? >> sustaining the argument that the trigger applies here, there are not a lot of cases, you are right. not a lot of situations aeyes. i think morgue -- morten comes closest >> that's not cited in your brief, was it? >> no. it's cited in the rule-making proceedings and rule-making opinions. so if i could, justices, just sum up here, the e.p.a. did what it did because the problem it's confronting is a problem that e.p.a. considers to be urgent. >> i don't want to interrupt your summation but this quick question, on the issue of what happens to a facility that is subject to the p.s.d. program bec

a majority also suffer from psd and emotional strain.f the hardest ones for people to really swallow. that we take men and. women who served this country, risked their lives. they come back with emotional strain, and if they end up self-medicating with drugs or alcohol, they're treated like a lot of other people who have those problems in this country, which is that they're immediately locked up. judge russell in buffalo started, as you know, a veteran's court a few years ago. there's now over 100 around the country and the alternatives model and attorney general holder oversaw the first federal one. >> ari, we should be very grateful that we have an attorney general who has served as a prosecutor, as a judge and a defense lawyer, and now as the chief law enforcement officer in the united states, who has praised the roanoke program, as you mentioned. of course, i'm familiar with the success in the buffalo program. anesthesia are very, very important to the long-term care of, as you pointed out, those who have served our country, bravely

. - psd program. they would not be subject to the best available control technology. >> that is the clause that they are not local. >> yes. >> what you make of the endangerment finding that they have severe effects at the local level? they exacerbate ground-level ozone and smog. >> every effect that any environmental phenomena has will be felt in some local area. our point is that is not the kind of measurable regionally affect that the psd statute refers to. >> it certainly not measurable. >> before you do that, we have an outstanding question. >> the problem is not that the agency rewrote the threshold and said we would eventually try. when they say they want to get down to the apartment buildings and high schools, it is contravening congressional ntent. the reason the congress wrote those thresholds, is they wanted to exempt small businesses from -- regulating he problems. >> i read them as saying they will try to do it, but make whatever it dungeons -- make whatever exemptions are necessary. >> an