THE COMPLAINT AND CAFO IN THIS CASE WERE FILED SIMULTAN- EOUSLY. THE COMPLAINT ALLEGES THAT PINE VIEW FAILED TO CONDUCT A PERFORMANCE TEST FOR THE CONTROL EQUIPMENT EXISTING AT ITS FACILITY BY THE JULY 25, 1997 DEADLINE, IN VIOLATION OF THE REQUIREMENTS OF 40 C.F.R. 63.7 (A)(2)(III). RESPONDENT PINE VIEW IS A SMALL BUSINESS AND SUBMITTED IN- FORMATION CONFIRMING A LIMITED ABILITY TO PAY A PENALTY. BASED ON THE STEPS RESPONDENT TOOK TO ACHIEVE COMPLIANCE, THE FACT THAT RESPONDENT HAD APPLIED FOR AN EXTENSION OF THE TESTING DEADLINE, RESPONDENT'S FINANCIAL CONDITION, RESPON- DENT'S PROMPT AND COOPERATIVE RESOLUTION OF THIS PENALTY MATTER, AND OTHER RELEVANT FACTORS, EPA HAS DETERMINED THAT AN APPROPRIATE CIVIL PENALTY TO SETTLE THIS ACTION IS $1,000.