DEFENDANT HAS VIOLATED THE NEW SOURCE PERFORMANCE STANDARDS SET FORTH IN SUBPART DC OF 40 CFR PART 60. SPECIFICALLY, DEFENDANT HAS TWO AFFECTED FACILITIES WHICH HAVE VIOLATED THE STANDARDS FOR SULFUR DIOXIDE AND OPACITY SET FORTH IN SUBPART DC. EPA REQUESTS DOJ FILE A CIVIL ACTION SEEKING INJUNCTIVE RELLIEF AND CIVIL PENALTIES PR MEDICAL PURSUANT TO SECTION 113(B) OF THE ACT, SECTION 7413(B), FOR VIOLATIONS OF THE CAA AND THE NPSS. SPECIFICALLY, EPA REQUEST DOJ SEEK CIVIL PENALTIES AND COMPLIANCE THROUGH AN ENFORCEABLE SCHEDULE INCORPORATED IN A CD (OR BY A COURT ORDER IF SETTLEMENT IS NOT REACHED.)