On March 18, 1996, the Chief Counsel issued an Order to Clean All Products, Inc. (Respondent), finding that Respondent had knowingly committed the following four violations of the Hazardous Materials Regulations (HMR), and assessing a penalty in the amount of $5,790: Violation 1. Offering for transportation in commerce a hazardous material, hydrochloric acid solution, in unauthorized packagings (fiberboard boxes containing one-gallon plastic bottles that were not strong enough for their contents and lacked any marking that they met an authorized specification or performance standard). 2. Offering for transportation in commerce a hazardous material, compound cleaning liquid, accompanied by a shipping paper that did not contain the technical name of the material. 3. Offering for transportation in commerce a hazardous material, hydrochloric acid solution, accompanied by shipping papers that contained an incorrect proper shipping name and identification number for the material. 4. Offering for transportation in commerce a hazardous material, hydrochloric acid solution, accompanied by shipping papers that failed to contain a shipper's certification.

The Order, which is incorporated herein by reference, modified the $9,650 civil penalty originally proposed in the January 10, 1995 Notice of Probable Violation (Notice). By letter dated April 8, 1996, Respondent submitted a timely appeal of the Order. I have 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 $4,650 is appropriate in light of the nature and circumstances of these violations, their extent and gravity, Respondent's culpability, Respondent's lack of prior violations, 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 April 18, 1996, is affirmed and the appeal is denied.