Alaska Dept. of Environmental Conservation v. EPA, 540 U.S. 461, 14 (2004)

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474

ALASKA DEPT. OF ENVIRONMENTAL CONSERVATION v. EPA

Opinion of the Court

plies," 7413(a)(5)(A).4 The second measure, 167 of the Act, trains on enforcement of the PSD program; it requires EPA to "take such measures, including issuance of an order, or seeking injunctive relief, as necessary to prevent the construction or modification of a major emitting facility which does not conform to the [PSD] requirements." 7477.

B

Teck Cominco Alaska Inc. (Cominco) operates a zinc concentrate mine, the Red Dog Mine, in northwest Alaska approximately 100 miles north of the Arctic Circle and close to the native Alaskan villages of Kivalina and Noatak. App. to Pet. for Cert. 3a; Brief for Petitioner 8; Brief for Respondents 4. The mine is the region's largest private employer. Brief for Petitioner 9. It supplies a quarter of the area's wage base. Ibid. Cominco leases the land from the NANA Regional Corporation, an Alaskan corporation formed pursuant to the Alaska Native Claims Settlement Act, 85 Stat. 688, as amended, 43 U. S. C. 1601 et seq. Brief for NANA Regional Corporation, Inc., as Amicus Curiae 1-2, 4.

In 1988, Cominco obtained authorization to operate the mine, a "major emitting facility" under the Act and Alaska's SIP. App. 106. The mine's PSD permit authorized five 5,000 kilowatt Wartsila diesel electric generators, MG-1 through MG-5, subject to operating restrictions; two of the five generators were permitted to operate only in standby status. Ibid. Petitioner Alaska Department of Environmental Conservation (ADEC) issued a second PSD permit in 1994 allowing addition of a sixth full-time generator (MG-6), removing standby status from MG-2, and imposing a new

4 As enacted in 1977, 113(a)(5) extended only to solid waste combustion and sources in nonattainment areas. See Title I, 111(a), 91 Stat. 685. Congress extended 113(a)(5) in 1990 amendments to the Act to cover attainment areas, and thus to encompass enforcement of PSD permitting requirements. Title VII, 104 Stat. 2672.

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