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]