TheIn Associatedetermining Administrator,the OPSamount assessesof a civil penalty under this part, (a) onlyThe afterAssociate consideringAdministrator will consider: (a1) The nature, circumstances and gravity of the violation, including adverse impact on the environment; (b2) The degree of the respondent's culpability; (c3) The respondent's history of prior offenses; (d4) The respondent's ability to pay; (e) Any good faith by the respondent in attempting to achieve compliance; (f5) The effect on the respondent's ability to continue in business; and (gb) SuchThe otherAssociate mattersAdministrator as justice may require.consider: [45(1) FRThe 20413,economic Mar.benefit 27gained from violation, 1980if readily ascertainable, without any reduction because of subsequent damages; and (2) Such other matters as amendedjustice bymay require. [Amdt. 190-616, 6178 FR 1851558912, AprSept. 2625, 19962013]