Assessment considerations.

In determining the amount of a civil penalty under this part, (a) The Associate Administrator will consider: (1) The nature, circumstances and gravity of the violation, including adverse impact on the environment; (2) The degree of the respondent's culpability; (3) The respondent's history of prior offenses; (4) Any good faith by the respondent in attempting to achieve compliance; (5) The effect on the respondent's ability to continue in business; and (b) The Associate Administrator may consider: (1) The economic benefit gained from violation, if readily ascertainable, without any reduction because of subsequent damages; and (2) Such other matters as justice may require. [Amdt. 190-16, 78 FR 58912, Sept. 25, 2013]