In determining the amount of a civil penalty under this part,

1. (a) The Associate Administrator will consider:

   1. (1) The nature, circumstances and gravity of the violation, including adverse impact on the environment;
   2. (2) The degree of the respondent's culpability;
   3. (3) The respondent's history of prior offenses;
   4. (4) Any good faith by the respondent in attempting to achieve compliance;
   5. (5) The effect on the respondent's ability to continue in business; and

2. (b) The Associate Administrator may consider:

   1. (1) The economic benefit gained from violation, if readily ascertainable, without any reduction because of subsequent damages; and
   2. (2) Such other matters as justice may require.

[Amdt. 190-16, 78 FR 58912, Sept. 25, 2013]