ON FEBRUARY 6, 1998, EPA INSPECTED THE PROPULSION TANKS OF TWO MOTOR VEHICLES OWNED, OPERATED AND CONTROLLED BY RESPONDENT. AS A RESULT OF THE INSPECITON, EPA DETERMINED THAT A 1978 FORD DUMP TRUCK, LISCENSE PLATE NUMBER TN 53-205, WAS MISFUELD WITH RED-DYED HIGH SULFUR DIESEL FUEL AND ISSUED A NOTIVE OF VIOLATION WITH A PROPOSED PENALTY OF $3000. HOWEVER, SUBSEQUENT TO THE ISSUANCE OF THE NOTICE, EPA DETERMINED THAT RESPONDENT'S BUSINESS SIZE WAS FAR SMALLER THAN ORIGINALLY ESTIMATED AND THAT THE PROPOSED PENALTY SHOULD HAVE BEEN $1000. THEREFORE, AFTER CONSEIDERING THE GRAVITY OF THE ALLEGED VIOLATION, AND RESPONDENT'S HISTORY OF COMPLIANCE WITH THE REGULATIONS, EPA HAD DETERMINED TO REMIT AND MITIGATE THE PROPOSED PENALTY FROM $3000 TO $600.