On June 30, 2000, the Chief Counsel issued an Order to Mr. Jesse J. Woods d/b/a J & W Drum Service (Respondent) assessing a penalty in the amount of $2,000 for the following violation of the Hazardous Materials Regulations (HMR): Representing, certifying, marking, and selling reconditioned drums as meeting the requirements of the HMR, when Respondent failed to apply the required internal air pressure and the proper markings. The order determined that there is sufficient information to warrant mitigation of the civil penalty assessed in the Chief Counsel's Order. I find that a civil penalty of $1,500 is appropriate in light of the nature and circumstances of these violations, their extent and gravity, Respondent's culpability, Respondent's lack of prior offenses, Respondent's ability to pay, the effect of a civil penalty on Respondent's ability to continue in business, and all other relevant factors. The Order of June 30, 2000, is affirmed and therefore the appeal is denied.