Wisconsin Electric Power Company v. William K. Reilly, Administrator and United States Environmental Protection Agency

CUDAHY, Circuit Judge.

The Petitioner, Wisconsin Electric Power Company (“WEPCO”), challenges two final determinations issued by the Environmental Protection Agency (the “EPA”). In these determinations, the EPA concluded that WEPCO’s proposed renovations to its Port Washington power plant would subject the plant to certain pollution control provisions of the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. (1982). We affirm in part, vacate in part and remand to the EPA.

I. The Underlying Dispute

A. Relevant Provisions of the Clean Air Act

Some discussion of the Clean Air Act is required…