Common use of Penalty Determination Clause in Contracts

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provision being applied in this case is H&SC section 42402 et seq. because Real Spirit sold, supplied, offered for sale, or manufactured for sale in California uncertified indoor air cleaning devices in violation of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices (17 CCR section 94800 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices because the regulation was adopted under authority of H&SC section 41985, which is in Part 4 of Division 26. The manner in which the penalty amount was determined, including aggravating and mitigating factors and per unit or per vehicle basis for the penalty. Penalties must be set at levels sufficient to discourage violations. CARB considered all relevant circumstances in determining penalties, including the eight factors specified in H&SC section 42403. Under H&SC section 42402, et seq. the penalties for strict liability violations of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices are a maximum of $10,000 per day of violation, with each day being a separate violation. In cases like this involving unintentional first time violations that resulted in unquantifiable excess emissions of ozone, CARB sets penalties based on the retail sales of the non-compliant units. In addition, CARB has sought additional penalties for procedural violations for the failure to display the required consumer notification language via the company’s website and for failure to send copies of the regulation to their retailers and distributors. The penalty obtained in this case was reduced because this was a strict liability first-time violation and Real Spirit made diligent efforts to comply and to cooperate with the investigation. Real Spirit immediately ceased sales of the uncertified devices and began efforts to certify the devices for legal sale in California. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. Penalties in future cases might be smaller or larger on a per unit basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Real Spirit that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Real Spirit that CARB does not retain in the ordinary course of business. The penalty reflects CARB’s assessment of the relative strength of its case against Real Spirit, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Real Spirit may have secured from its actions. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The Indoor Air Cleaner Regulation prohibits emissions of ozone pollution above a specific level. However, it is not practicable to quantify the amount of excess emissions because the number of hours that the uncertified units involved were in use is unknown. However, since the air cleaners were not certified for sale in California, CARB asserts that all emissions from them are excess and illegal.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provision being applied in this case is H&SC section 42402 et seq. because Real Spirit Gemini sold, supplied, offered for sale, or manufactured for sale consumer products for commerce in California uncertified indoor air cleaning devices allegedly in violation of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices Consumer Products Regulations (17 CCR section 94800 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices Consumer Products Regulations because the regulation was regulations were adopted under authority of H&SC section 4198541712, which is in Part 4 of Division 26. The manner in which the penalty amount was determined, including aggravating and mitigating factors and per unit or per vehicle basis for the penalty. Penalties must be set at levels sufficient to discourage violations. CARB considered all relevant circumstances in determining penalties, including the eight factors specified in H&SC section 42403. Under H&SC section 42402, 42402 et seq. the penalties for provides strict liability violations penalties of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices are a maximum of up to $10,000 per day for violations of violation, the Consumer Product Regulations with each day being a separate violation. In cases like this involving unintentional first time violations that resulted in unquantifiable excess emissions of ozonethe Consumer Products Regulations where the violator cooperates with the investigation, CARB sets has obtained penalties based on the retail sales excess emissions of the non-compliant unitsVOC and ozone. Administrative penalties are also obtained in some cases. In additionthis case, CARB has sought additional penalties the total penalty is $145,000 for procedural violations for the failure to display the required consumer notification language via the company’s website alleged administrative and for failure to send copies emission violations. The per-unit penalty was based on 11.97 tons of the regulation to their retailers excess VOC and distributorsozone emissions and six days of administrative violations. The penalty obtained in this case was reduced because this was a strict liability first-time violation and Real Spirit Gemini made diligent efforts to comply and to cooperate with the investigation. Real Spirit immediately To come into compliance, Gemini ceased sales of the uncertified devices noncompliant products, enhanced its sales identification program, and began efforts modified other products to certify the devices for legal sale in Californiabe compliant with regulations. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per unit ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Real Spirit Gemini that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Real Spirit Gemini that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Real SpiritGemini, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Real Spirit Gemini may have secured from its actions. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The Indoor Air Cleaner Regulation prohibits Consumer Product Regulations do not prohibit emissions of ozone pollution above a specific specified level, but they do limit the concentration of VOCs in regulated products. HoweverIn this case, it is not a quantification of the excess emissions attributable to the violations was practicable because Gemini made the product formulation and sales data necessary to quantify make this quantification available to CARB. Based upon this information (which Gemini has designated as confidential), the amount alleged violations were calculated to have 11.97 tons of excess VOC and ozone emissions because the number of hours that the uncertified units involved were in use is unknown. However, since the air cleaners were not certified for sale emitted in California, CARB asserts that all emissions from them are excess and illegal.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provision being applied in this case is H&SC section 42402 et seq. because Real Spirit Sunnyside sold, supplied, offered for sale, or manufactured for sale consumer products for commerce in California uncertified indoor air cleaning devices in violation of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices Consumer Products Regulations (17 CCR section 94800 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices Consumer Products Regulations because the regulation was regulations were adopted under authority of H&SC section 4198541712, which is in Part 4 of Division 26. The manner in which the penalty amount was determined, including aggravating and mitigating factors and per unit or per vehicle basis for the penalty. Penalties must be set at levels sufficient to discourage violations. CARB considered all relevant circumstances in determining penalties, including the eight factors specified in H&SC section 42403. Under H&SC section 42402, 42402 et seq. the penalties for provides strict liability violations penalties of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices are a maximum of up to $10,000 per day for violations of violation, the Consumer Product Regulations with each day being a separate violation. In cases like this this, involving unintentional first time violations that resulted in unquantifiable excess emissions of ozonethe Consumer Products Regulations where the violator cooperates with the investigation, CARB sets has obtained penalties based on the retail sales excess emissions of VOCs. Administrative penalties are also obtained in some cases. In this case, the total penalty is $8,800 for emission violations. The per-unit penalty was based on 0.44 tons of excess VOC emissions. Sunnyside implemented business practices to prevent the sale of non-compliant unitsproducts in California including adding labels to the product packaging that clearly identifies that the product is not to be sold in California. In addition, CARB Sunnyside has sought additional penalties for procedural violations for the failure to display the required consumer notification language via the company’s website and for failure to send copies also implemented new methods of the regulation consistently communicating sales restrictions to their retailers and distributors. The penalty obtained in this case was reduced because this was a strict liability first-time violation and Real Spirit made diligent efforts to comply and to cooperate with the investigation. Real Spirit immediately ceased sales of the uncertified devices and began efforts to certify the devices for legal sale in Californiacustomers. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per unit ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Real Spirit Sunnyside that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Real Spirit Sunnyside that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Real SpiritSunnyside, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Real Spirit Sunnyside may have secured from its actions. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The Indoor Air Cleaner Regulation prohibits Consumer Product Regulations do not prohibit emissions of ozone pollution above a specific specified level, but they do limit the concentration of VOCs in regulated products. HoweverIn this case, it is not a quantification of the excess emissions attributable to the violations was practicable because Sunnyside made the product formulation and sales data necessary to quantify make this quantification available to CARB. Based upon this information (which Sunnyside has designated as confidential), the amount violations were calculated to have 0.44 tons of excess VOC emissions because the number of hours that the uncertified units involved were in use is unknown. However, since the air cleaners were not certified for sale emitted in California, CARB asserts that all emissions from them are excess and illegal.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. Drybar acknowledges that CARB has communicated to Drybar CARB’s position summarized here for seeking these penalties. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provision being applied in this case is H&SC section 42402 et seq. because Real Spirit CARB alleges that Drybar sold, supplied, offered for sale, or manufactured for sale consumer products for commerce in California uncertified indoor air cleaning devices in violation of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices Consumer Products Regulations (17 CCR section 94800 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices Consumer Products Regulations because the regulation was regulations were adopted under authority of H&SC section 4198541712, which is in Part 4 of Division 26. The manner in which the penalty amount was determined, including aggravating and mitigating factors and per unit or per vehicle basis for the penalty. Penalties must be set at levels sufficient to discourage violations. CARB considered all relevant circumstances in determining penalties, including the eight factors specified in H&SC section 42403. Under H&SC section 42402, 42402 et seq. the penalties for provides strict liability violations penalties of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices are a maximum of up to $10,000 per day for violations of violation, the Consumer Product Regulations with each day being a separate violation. In cases like this this, involving unintentional first time violations that resulted in unquantifiable excess emissions of ozonethe Consumer Products Regulations where the alleged violator cooperates with the investigation, CARB sets has obtained penalties based on the retail sales excess emissions of the non-compliant unitsVOCs. Administrative penalties are also obtained in some cases. In additionthis case, CARB has sought additional penalties the total penalty is $155,380 for procedural violations for the failure to display the required consumer notification language via the company’s website and for failure to send copies alleged emission violations. The per-unit penalty was based on 9.14 tons of the regulation to their retailers and distributorsalleged excess VOC emissions. The penalty obtained in this case was reduced because this was a strict liability first-time violation and Real Spirit made diligent efforts to comply and to cooperate Drybar cooperated with the investigation. Real Spirit immediately ceased sales of the uncertified devices and began efforts to certify the devices for legal sale in California. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per unit ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Real Spirit Drybar that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Real Spirit Drybar that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Real SpiritDrybar, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Real Spirit Drybar may have secured from its actions. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The Indoor Air Cleaner Regulation prohibits Consumer Product Regulations do not prohibit emissions of ozone pollution above a specific specified level, but they do limit the concentration of VOCs in regulated products. HoweverIn this case, it is not a quantification of the excess emissions attributable to the alleged violations was practicable because Drybar made the product formulation and sales data necessary to quantify make this quantification available to CARB. Based upon this information (which Drybar has designated as confidential), the amount alleged violations were calculated to have 9.14 tons of excess VOC emissions because the number of hours that the uncertified units involved were in use is unknown. However, since the air cleaners were not certified for sale emitted in California, CARB asserts that all emissions from them are excess and illegal.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provision being applied in this case is H&SC section 42402 et seq. because Real Spirit XX Xxxx sold, supplied, offered for sale, or manufactured for sale consumer products for commerce in California uncertified indoor air cleaning devices in violation of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices Consumer Products Regulations (17 CCR section 94800 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices Consumer Products Regulations because the regulation was regulations were adopted under authority of H&SC section 4198541712, which is in Part 4 of Division 26. The manner in which the penalty amount was determined, including aggravating and mitigating factors and per unit or per vehicle basis for the penalty. Penalties must be set at levels sufficient to discourage violations. CARB considered all relevant circumstances in determining penalties, including the eight factors specified in H&SC section 42403. Under H&SC section 42402, 42402 et seq. the penalties for provides strict liability violations penalties of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices are a maximum of up to $10,000 per day for violations of violation, the Consumer Product Regulations with each day being a separate violation. In cases like this this, involving unintentional first time violations that resulted in unquantifiable excess emissions of ozonethe Consumer Products Regulations where the violator cooperates with the investigation, CARB sets has obtained penalties based on the retail sales excess emissions of the non-compliant unitsVOC and Aromatic Compounds. Administrative penalties are also obtained in some cases. In additionthis case, CARB has sought additional penalties the total penalty is $600,000 for procedural violations for the failure to display the required consumer notification language via the company’s website emission violations. The per-unit penalty was based on 81.7 tons of excess VOC emissions, 8.4 tons of excess Aromatic Compound emissions, and for failure to send copies 5.2 tons of the regulation to their retailers and distributorsexcess ozone formed. The penalty obtained in this case was reduced because this was a strict liability first-time violation and Real Spirit XX Xxxx made diligent efforts to comply and come into compliance, including modifying one product prior to cooperate with the investigation. Real Spirit CARB’s notification, immediately ceased ceasing sales of the uncertified devices products under investigation, and began efforts to certify the devices for legal sale in Californiareformulating a noncompliant product. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per unit ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Real Spirit XX Xxxx that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Real Spirit XX Xxxx that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Real SpiritXX Xxxx, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Real Spirit XX Xxxx may have secured from its actions. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The Indoor Air Cleaner Regulation prohibits Consumer Product Regulations do not prohibit emissions of ozone pollution above a specific specified level, but they do limit the concentration of VOC and Aromatic Compounds in regulated products and set maximum limits for PWMIR in regulated aerosol coating products. HoweverIn this case, it is not a quantification of the excess emissions attributable to the violations was practicable because XX Xxxx made the product formulation and sales data necessary to quantify make this quantification available to CARB. Based upon this information (which XX Xxxx has designated as confidential), the amount violations were calculated to have 81.7 tons of excess emissions because the number VOC emissions, 8.4 tons of hours that the uncertified units involved were in use is unknown. Howeverexcess Aromatic Compounds emissions, since the air cleaners were not certified for sale in California, CARB asserts that all emissions from them are excess and illegal.and

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provision being applied in this case is H&SC section 42402 et seq. because Real Spirit IIT sold, supplied, offered for sale, or manufactured consumer products for sale commerce in California uncertified indoor air cleaning devices in violation of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices Consumer Products Regulations (17 CCR section 94800 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices Consumer Products Regulations because the regulation was regulations were adopted under authority of H&SC section 4198541712, which is in Part 4 of Division 26. The manner in which the penalty amount was determined, including aggravating and mitigating factors and per unit or per vehicle basis for the penalty. Penalties must be set at levels sufficient to discourage violations. CARB considered all relevant circumstances in determining penalties, including the eight factors specified in H&SC section 42403. Under H&SC section 42402, 42402 et seq. the penalties for provides strict liability violations penalties of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices are a maximum of up to $10,000 per day for violations of violation, the Consumer Product Regulations with each day being a separate violation. In cases like this this, involving unintentional first time violations that resulted in unquantifiable excess emissions of ozone, CARB sets penalties based on the retail sales of the non-compliant units. In additionConsumer Products Regulations where the violator cooperates with the investigation, CARB has sought additional obtained penalties for procedural violations selling uncertified charcoal lighter material in California. In this case, the total penalty is $7,500 for the failure to display the required consumer notification language via the company’s website and for failure to send copies of the regulation to their retailers and distributorsselling uncertified charcoal lighter material in California. The penalty obtained in this case was reduced because this was a strict liability first-time violation and Real Spirit IIT made diligent efforts to comply and to cooperate with the investigation. Real Spirit immediately ceased sales of the uncertified devices and began efforts to certify the devices To come into compliance, IIT no longer offers Safegel BBQ & Fireplace Lighting Gel Fire Starter for legal sale commerce in California. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per unit ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Real Spirit IIT that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Real Spirit IIT that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Real SpiritIIT, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Real Spirit IIT may have secured from its actions. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The Indoor Air Cleaner Regulation prohibits Consumer Product Regulations do not prohibit emissions of ozone pollution above a specific specified level, but they do limit the concentration of VOCs in regulated products. HoweverIn this case, it is not practicable to quantify a quantification of the amount of excess emissions because attributable to the number of hours that the uncertified units involved were in use is unknown. However, since the air cleaners were violations was not certified for sale in California, CARB asserts that all emissions from them are excess and illegalpracticable.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provision being applied in this case is H&SC section 42402 et seq. because Real Spirit Kroger sold, supplied, offered for sale, or manufactured for sale consumer products for commerce in California uncertified indoor air cleaning devices in violation of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices Consumer Products Regulations (17 CCR section 94800 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices Consumer Products Regulations because the regulation was regulations were adopted under authority of H&SC section 4198541712, which is in Part 4 of Division 26. The manner in which the penalty amount was determined, including aggravating and mitigating factors and per unit or per vehicle basis for the penalty. Penalties must be set at levels sufficient to discourage violations. CARB considered all relevant circumstances in determining penalties, including the eight factors specified in H&SC section 42403. Under H&SC section 42402, 42402 et seq. the penalties for provides strict liability violations penalties of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices are a maximum of up to $10,000 per day for violations of violation, the Consumer Product Regulations with each day being a separate violation. In cases like this this, involving unintentional first time violations that resulted in unquantifiable excess emissions of ozonethe Consumer Products Regulations where the violator cooperates with the investigation, CARB sets has obtained penalties based on the retail sales excess emissions of the non-compliant unitsVOCs. Administrative penalties are also obtained in some cases. In additionthis case, CARB has sought additional penalties the total penalty is $83,640 for procedural violations for the failure to display the required consumer notification language via the company’s website and for failure to send copies emission violations. The per-unit penalty was based on 4.92 tons of the regulation to their retailers and distributorsexcess VOC emissions. The penalty obtained in this case was reduced because this was a strict liability first-time violation and Real Spirit Kroger made diligent efforts to comply and to cooperate with the investigation. Real Spirit immediately ceased sales To come into compliance, Kroger removed product from all stores in California and has stop selling the product in California. Moving forward, Kroger is considering modifications of the uncertified devices and began efforts product to certify make it compliant with the devices for legal sale in CaliforniaConsumer Products Regulations. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per unit ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Real Spirit Kroger that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Real Spirit Kroger that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Real SpiritKroger, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Real Spirit Kroger may have secured from its actions. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The Indoor Air Cleaner Regulation prohibits Consumer Product Regulations do not prohibit emissions of ozone pollution above a specific specified level, but they do limit the concentration of VOCs in regulated products. HoweverIn this case, it is not a quantification of the excess emissions attributable to the violations was practicable because Kroger made the product formulation and sales data necessary to quantify make this quantification available to CARB. Based upon this information (which Kroger has designated as confidential), the amount violations were calculated to have 4.92 tons of excess VOC emissions because the number of hours that the uncertified units involved were in use is unknown. However, since the air cleaners were not certified for sale emitted in California, CARB asserts that all emissions from them are excess and illegal.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provision being applied in this case is H&SC section 42402 et seq. because Real Spirit Beauty 21 sold, supplied, offered for sale, or manufactured for sale consumer products for commerce in California uncertified indoor air cleaning devices in violation of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices Consumer Products Regulations (17 CCR section 94800 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices Consumer Products Regulations because the regulation was regulations were adopted under authority of H&SC section 4198541712, which is in Part 4 of Division 26. The manner in which the penalty amount was determined, including aggravating and mitigating factors and per unit or per vehicle basis for the penalty. Penalties must be set at levels sufficient to discourage violations. CARB considered all relevant circumstances in determining penalties, including the eight factors specified in H&SC section 42403. Under H&SC section 42402, 42402 et seq. the penalties for provides strict liability violations penalties of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices are a maximum of up to $10,000 per day for violations of violation, the Consumer Product Regulations with each day being a separate violation. In cases like this this, involving unintentional first time violations that resulted in unquantifiable excess emissions of ozonethe Consumer Products Regulations where the violator cooperates with the investigation, CARB sets has obtained penalties based on the retail sales excess emissions of the non-compliant unitsVOCs. Administrative penalties are also obtained in some cases. In additionthis case, CARB has sought additional penalties the total penalty is $11,600 for procedural violations for the failure to display the required consumer notification language via the company’s website administrative and for failure to send copies emission violations. The per-unit penalty was based on 0.42 tons of the regulation to their retailers and distributorsexcess VOC emissions. The penalty obtained in this case was reduced because this was a strict liability first-time violation and Real Spirit Beauty 21 made diligent efforts to comply and to cooperate with the investigation. Real Spirit immediately ceased sales of To come into compliance, Beauty 21 has reformulated L.A. Colors Nails Polish Remover to meet the uncertified devices and began efforts to certify VOC standard for the devices for legal sale in CaliforniaNail Polish Remover category. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per unit ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Real Spirit Beauty 21 that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Real Spirit Beauty 21 that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Real SpiritBeauty 21, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Real Spirit Beauty 21 may have secured from its actions. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The Indoor Air Cleaner Regulation prohibits Consumer Product Regulations do not prohibit emissions of ozone pollution above a specific specified level, but they do limit the concentration of VOCs in regulated products. HoweverIn this case, it is not a quantification of the excess emissions attributable to the violations was practicable because Beauty 21 made the product formulation and sales data necessary to quantify make this quantification available to CARB. Based upon this information (which Beauty 21 has designated as confidential), the amount violations were calculated to have 0.42 tons of excess VOC emissions because the number of hours that the uncertified units involved were in use is unknown. However, since the air cleaners were not certified for sale emitted in California, CARB asserts that all emissions from them are excess and illegal.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provision being applied in this case is H&SC section 42402 et seq. because Real Spirit Western Fragrant sold, supplied, offered for sale, or manufactured for sale consumer products for commerce in California uncertified indoor air cleaning devices in violation of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices Consumer Products Regulations (17 CCR section 94800 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices Consumer Products Regulations because the regulation was regulations were adopted under authority of H&SC section 4198541712, which is in Part 4 of Division 26. The manner in which the penalty amount was determined, including aggravating and mitigating factors and per unit or per vehicle basis for the penalty. Penalties must be set at levels sufficient to discourage violations. CARB considered all relevant circumstances in determining penalties, including the eight factors specified in H&SC section 42403. Under H&SC section 42402, 42402 et seq. the penalties for provides strict liability violations penalties of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices are a maximum of up to $10,000 per day for violations of violation, the Consumer Product Regulations with each day being a separate violation. In cases like this this, involving unintentional first time violations that resulted in unquantifiable excess emissions of ozonethe Consumer Products Regulations where the violator cooperates with the investigation, CARB sets has obtained penalties based on the retail sales excess emissions of the non-compliant unitsVOC. Administrative penalties are also obtained in some cases. In additionthis case, CARB has sought additional penalties the total penalty is $5,530 for procedural violations for the failure to display the required consumer notification language via the company’s website and for failure to send copies emission violations. The per-unit penalty was based on approximately 0.28 tons of the regulation to their retailers and distributorsexcess VOC emissions. The penalty obtained in this case was reduced because this was a strict liability first-time violation and Real Spirit Western Fragrant made diligent efforts to comply and to cooperate with the investigation. Real Spirit immediately ceased sales of Moving forward, Western Fragrant Corporation is changing their business practices to ensure future compliance including changing the uncertified devices manufacturer they are sourcing the product from and began efforts to certify the devices for legal sale in Californiaindependent testing. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per unit ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Real Spirit Western Fragrant that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Real Spirit Western Fragrant that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Real SpiritWestern Fragrant, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Real Spirit Western Fragrant may have secured from its actions. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The Indoor Air Cleaner Regulation prohibits Consumer Product Regulations do not prohibit emissions of ozone pollution above a specific specified level, but they do limit the concentration of VOCs in regulated products. HoweverIn this case, it is not a quantification of the excess emissions attributable to the violations was practicable because Western Fragrant made the product formulation and sales data necessary to quantify make this quantification available to CARB. Based upon this information (which Western Fragrant has designated as confidential), the amount violations were calculated to have approximately 0.28 tons of excess VOC emissions because the number of hours that the uncertified units involved were in use is unknown. However, since the air cleaners were not certified for sale emitted in California, CARB asserts that all emissions from them are excess and illegal.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provision being applied in this case is H&SC section 42402 et seq. because Real Spirit Empire sold, supplied, offered for sale, or manufactured for sale consumer products for commerce in California uncertified indoor air cleaning devices in violation of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices Consumer Products Regulations (17 CCR section 94800 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices Consumer Products Regulations because the regulation was regulations were adopted under authority of H&SC section 4198541712, which is in Part 4 of Division 26. The manner in which the penalty amount was determined, including aggravating and mitigating factors and per unit or per vehicle basis for the penalty. Penalties must be set at levels sufficient to discourage violations. CARB considered all relevant circumstances in determining penalties, including the eight factors specified in H&SC section 42403. Under H&SC section 42402, 42402 et seq. the penalties for provides strict liability violations penalties of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices are a maximum of up to $10,000 per day for violations of violation, the Consumer Product Regulations with each day being a separate violation. In cases like this this, involving unintentional first time violations that resulted in unquantifiable excess of the Consumer Products Regulations where there are low VOC emissions of ozoneand the violator cooperates with the investigation, CARB sets has obtained penalties based on at least three days of violations (the retail sales of day the non-compliant unitsproduct was purchased by CARB, the day it was supplied to the retailer, and the day it was manufactured for sale). Administrative penalties are also obtained in some cases. In additionthis case, CARB has sought additional penalties the total penalty is $6,000 for procedural violations for the failure to display the required consumer notification language via the company’s website administrative and for failure to send copies emission violations. The per-unit penalty was based on six days of the regulation to their retailers excess VOC emissions and distributorsan administrative violation. The penalty obtained in this case was reduced because this was a strict liability first-time violation and Real Spirit Empire made diligent efforts to comply and to cooperate with the investigation. Real Spirit immediately ceased sales of the uncertified devices and began efforts to certify the devices for legal sale in CaliforniaTo come into compliance, Empire no longer sells this product. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per unit ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Real Spirit Empire that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Real Spirit Empire that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Real SpiritEmpire, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Real Spirit Empire may have secured from its actions. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The Indoor Air Cleaner Regulation prohibits Consumer Product Regulations do not prohibit emissions of ozone pollution above a specific specified level, but they do limit the concentration of VOCs in regulated products. HoweverIn this case, it is not a quantification of the excess emissions attributable to the violations was practicable because Empire made the product formulation and sales data necessary to quantify make this quantification available to CARB. Based upon this information (which Empire has designated as confidential), the amount violations were calculated to have 0.03 tons of excess VOC emissions because the number of hours that the uncertified units involved were in use is unknown. However, since the air cleaners were not certified for sale emitted in California, CARB asserts that all emissions from them are excess and illegal.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provision being applied in this case is H&SC section 42402 et seq. because Real Spirit 7-Eleven franchise stores sold, supplied, offered for sale, or manufactured sale consumer products for sale commerce in California uncertified indoor air cleaning devices in violation of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices Consumer Products Regulations (17 CCR section 94800 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices Consumer Products Regulations because the regulation was regulations were adopted under authority of H&SC section 4198541712, which is in Part 4 of Division 26. The manner in which the penalty amount was determined, including aggravating and mitigating factors and per unit or per vehicle basis for the penalty. Penalties must be set at levels sufficient to discourage violations. CARB considered all relevant circumstances in determining penalties, including the eight factors specified in H&SC section 42403. Under H&SC section 42402, 42402 et seq. the penalties for provides strict liability violations penalties of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices are a maximum of up to $10,000 per day for violations of violation, the Consumer Product Regulations with each day being a separate violation. In cases like this this, involving unintentional first time violations that resulted in unquantifiable excess emissions of ozonethe Consumer Products Regulations where the violator cooperates with the investigation, CARB sets has obtained penalties based on the retail sales excess emissions of the non-compliant unitsVOCs. Administrative penalties are also obtained in some cases. In additionthis case, CARB has sought additional penalties the total penalty is $15,000 for procedural violations for the failure to display the required consumer notification language via the company’s website and for failure to send copies emission violations. The per-unit penalty was based on 1 ton of the regulation to their retailers and distributorsexcess VOC emissions. The penalty obtained in this case was reduced because this was a strict liability first-time violation and Real Spirit 7-Eleven made diligent efforts to comply and to cooperate with the investigation. Real Spirit immediately ceased sales of the uncertified devices To come into compliance, 7-Eleven franchise stores no longer offer Peak Windshield Wash and began efforts to certify the devices Deicer -20°F for legal sale in California. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects alleged violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per unit ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Real Spirit 7-Eleven that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Real Spirit 7-Eleven that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Real Spirit7-Eleven, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Real Spirit 7-Eleven may have secured from its actions. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The Indoor Air Cleaner Regulation prohibits Consumer Product Regulations do not prohibit emissions of ozone pollution above a specific specified level, but they do limit the concentration of VOCs in regulated products. HoweverIn this case, it is not a quantification of the excess emissions attributable to the alleged violations was practicable because 7-Eleven made the sales data necessary to quantify make this quantification available to CARB. Based upon this information (which 7-Eleven has designated as confidential), the amount alleged violations were calculated to have 1 ton of excess VOC emissions because the number of hours that the uncertified units involved were in use is unknown. However, since the air cleaners were not certified for sale emitted in California, CARB asserts that all emissions from them are excess and illegal.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provision being applied in this case is H&SC section 42402 et seq. because Real Spirit CAD sold, supplied, offered for sale, or manufactured for sale consumer products for commerce in California uncertified indoor air cleaning devices in violation of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices Consumer Products Regulations (17 CCR section 94800 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices Consumer Products Regulations because the regulation was regulations were adopted under authority of H&SC section 4198541712, which is in Part 4 of Division 26. The manner in which the penalty amount was determined, including aggravating and mitigating factors and per unit or per vehicle basis for the penalty. Penalties must be set at levels sufficient to discourage violations. CARB considered all relevant circumstances in determining penalties, including the eight factors specified in H&SC section 42403. Under H&SC section 42402, 42402 et seq. the penalties for provides strict liability violations penalties of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices are a maximum of up to $10,000 per day for violations of violation, the Consumer Product Regulations with each day being a separate violation. In cases like this this, involving unintentional first time violations that resulted in unquantifiable excess emissions of ozonethe Consumer Products Regulations where the violator cooperates with the investigation, CARB sets has obtained penalties based on the retail sales excess emissions of the non-compliant unitsVOCs. Administrative penalties are also obtained in some cases. In additionthis case, CARB has sought additional penalties the total penalty is $9,380 for procedural violations for the failure to display the required consumer notification language via the company’s website and for failure to send copies emissions violations. The per-unit penalty was based on 0.67 tons of the regulation to their retailers and distributorsexcess VOC emissions. The penalty obtained in this case was reduced because this was a strict liability first-time violation and Real Spirit made diligent efforts to comply and to cooperate with the investigation. Real Spirit immediately ceased sales of the uncertified devices and began efforts to certify the devices for legal sale in CaliforniaCAD provided financial documentation. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per unit ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Real Spirit CAD that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Real Spirit CAD that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Real SpiritCAD, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Real Spirit CAD may have secured from its actions. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The Indoor Air Cleaner Regulation prohibits Consumer Product Regulations do not prohibit emissions of ozone pollution above a specific specified level, but they do limit the concentration of VOCs in regulated products. HoweverIn this case, it is not a quantification of the excess emissions attributable to the violations was practicable because CAD provided the sales data necessary to quantify make this quantification available to CARB. Based upon this information (which CAD has designated as confidential), the amount violations were calculated to have 0.67 tons of excess VOC emissions because the number of hours that the uncertified units involved were in use is unknown. However, since the air cleaners were not certified for sale emitted in California, CARB asserts that all emissions from them are excess and illegal.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. Drybar acknowledges that CARB has communicated to Drybar CARB’s position summarized here for seeking these penalties. The provision of law the penalty is being assessed under and why that provision is most appropriate for that violation. The penalty provision being applied in this case is H&SC section 42402 et seq. because Real Spirit CARB alleges that Drybar sold, supplied, offered for sale, or manufactured for sale consumer products for commerce in California uncertified indoor air cleaning devices in violation of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices Consumer Products Regulations (17 CCR section 94800 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices Consumer Products Regulations because the regulation was regulations were adopted under authority of H&SC section 4198541712, which is in Part 4 of Division 26. The manner in which the penalty amount was determined, including aggravating and mitigating factors and per unit or per vehicle basis for the penalty. Penalties must be set at levels sufficient to discourage violations. CARB considered all relevant circumstances in determining penalties, including the eight factors specified in H&SC section 42403. Under H&SC section 42402, 42402 et seq. the penalties for provides strict liability violations penalties of the Regulation for Limiting Ozone Emissions from Indoor Air Cleaning Devices are a maximum of up to $10,000 per day for violations of violation, the Consumer Product Regulations with each day being a separate violation. In cases like this this, involving unintentional first time violations that resulted in unquantifiable excess emissions of ozonethe Consumer Products Regulations where the alleged violator cooperates with the investigation, CARB sets has obtained penalties based on the retail sales excess emissions of the non-compliant unitsVOCs. Administrative penalties are also obtained in some cases. In additionthis case, CARB has sought additional penalties the total penalty is $155,380 for procedural violations for the failure to display the required consumer notification language via the company’s website and for failure to send copies alleged emission violations. The per-unit penalty was based on 9.14 tons of the regulation to their retailers and distributorsalleged excess VOC emissions. The penalty obtained in this case was reduced because this was a strict liability first-time violation and Real Spirit made diligent efforts to comply and to cooperate Drybar cooperated with the investigation. Real Spirit immediately ceased sales of the uncertified devices and began efforts to certify the devices for legal sale in California. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per unit ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Real Spirit Drybar that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Real Spirit Drybar that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Real SpiritXxxxxx, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Real Spirit Drybar may have secured from its actions. Is the penalty being assessed under a provision of law that prohibits the emission of pollution at a specified level, and, if so a quantification of excess emissions, if it is practicable to do so. The Indoor Air Cleaner Regulation prohibits Consumer Product Regulations do not prohibit emissions of ozone pollution above a specific specified level, but they do limit the concentration of VOCs in regulated products. HoweverIn this case, it is not a quantification of the excess emissions attributable to the alleged violations was practicable because Drybar made the product formulation and sales data necessary to quantify make this quantification available to CARB. Based upon this information (which Drybar has designated as confidential), the amount alleged violations were calculated to have 9.14 tons of excess VOC emissions because the number of hours that the uncertified units involved were in use is unknown. However, since the air cleaners were not certified for sale emitted in California, CARB asserts that all emissions from them are excess and illegal.