This policy is intended to be used by EPA in calculating the penalty that the Agency will seek in settlement of civil judicial and administrative enforcement actions for violations of the Vehicle and Engine requirements under Title I1 of the Clean Air Act. It will be provided to the public through publication in the Federal Register. This policy establishes a framework EPA expects to use in exercising its enforcement discretion in determining an appropriate settlement amount for such cases. It is immediately effective, and supersedes the following policies: Tampering and Defeat Device Civil Penalty Policy for Notices of Violations (Feb. 28, 1994); Manufacturers Programs Branch Interim Penalty Policy (Mar. 3 1, 1993). The policy applies to all civil and administrative actions initiated after this date, and all pending actions in which the government has not yet transmitted a proposed settlement penalty amount. It may be applied in pending cases in which penalty negotiations have commenced, at the discretion of the litigation team.