THE PARTIES BRIEFED THE PRESIDING OFFICER REGARDING THE APPROPRIATENESS OF A PENALTY. THE REGION PROPOSED A PENALTY OF $57,800. THE PRESIDING OFFICER, ADMINISTRATIVE LAW JUDGE PEARLSTEIN MADE AN INITIAL DECISION ON OCTOBER 30, 1997 ASSESSING A PENALTY OF $18,886. U.S. EPA APPEALED THE RATIONALE OF THE DECISION, WHICH WAS CRITICAL OF THE ENFORCE MENT RESPONSE POLICY (ERP), BUT NOT THE AMOUNT OF THE PENALTY. THE ENVIRONMENTAL APPEALS BOARD ISSUED AN OPINION ON DECEMBER 16, 1998, AFFIRMING THE INITIAL DECISION OF THE PRESIDING OFFICER, BUT NOTHING THAT THE COMPLIANANT'S COULD CONTINUE TO RELY ON THE ERP AS PART OF A PRIMA FACIE PENALTY CASE.