Defendant operates a metal shredder, constructed in 1980 and manufactured by Sun Belt Technologies, to process scrap automobiles and other scrap metal materials at its facility in Medford, New York (the Facility). At the Facility, Defendant operates its shredder at up to 160 gross tons per hour, with approximately 40 percent of the shredder feedstock material, by weight, being end-of-life vehicles. The shredding process generates enough heat to melt or burn the plastics, paints, and oils in the scrap material, resulting in emissions of volatile organic compounds (VOCs) and other air pollutants. The shredder has no add-on controls for VOCs, and EPA alleges that the shredder is emitting VOCs at levels that require emission controls. Defendant constructed the Facility in 1980. Before commencing construction and operation, Defendant did not apply for an air permit, or install emission controls, for VOCs. The Facility's ongoing failure to apply for and obtain the required permit and to control its VOC emissions is a violation of the CAA and the federally enforceable New York State Implementation Plan (NYSIP), which requires compliance with Reasonably Available Control Technology (RACT) regulations found at Title 6 of the New York Codes, Rules, and Regulations (N.Y.C.R.R.) 212-3 (NY RACT Regulation) and incorporated into the NYSIP. The Region seeks injunctive relief and civil penalties pursuant to CAA Section 113. The Region wants Defendant to implement RACT and apply to the New Y