[Federal Register Volume 78, Number 215 (Wednesday, November 6, 2013)]
[Rules and Regulations]
[Pages 66643-66648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26648]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 19
[FRL-9901-98-OECA]
RIN 2020-AA49
Civil Monetary Penalty Inflation Adjustment Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: With this action, EPA is promulgating a final rule that amends
the Civil Monetary Penalty Inflation Adjustment Rule. This action is
mandated by the Debt Collection Improvement Act of 1996 (DCIA) to
adjust for inflation certain statutory civil monetary penalties that
may be assessed for violations of EPA-administered statutes and their
implementing regulations. The Agency is required to review the civil
monetary penalties under the statutes it administers at least once
every four years and to adjust such penalties as necessary for
inflation according to a formula prescribed by the DCIA. The
regulations contain a list of all civil monetary penalty authorities
under EPA-administered statutes and the applicable statutory amounts,
as adjusted for inflation, since 1996.
DATES: This rule is effective December 6, 2013.
FOR FURTHER INFORMATION CONTACT: Caroline Hermann, Special Litigation
and Projects Division (2248A), Office of Civil Enforcement, Office of
Enforcement and Compliance Assurance, U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 564-
2876.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to section 4 of the Federal Civil Penalties Inflation
Adjustment Act of 1990, 28 U.S.C. 2461 note, as amended by the DCIA, 31
U.S.C. 3701 note, each federal agency is required to issue regulations
adjusting for inflation the statutory civil monetary penalties \1\
(``civil penalties'' or ``penalties'') that can be imposed under the
laws administered by that agency. The purpose of these adjustments is
to
[[Page 66644]]
maintain the deterrent effect of civil penalties and to further the
policy goals of the underlying statutes. The DCIA requires adjustments
to be made at least once every four years following the initial
adjustment. EPA's initial adjustment to each statutory civil penalty
amount was published in the Federal Register on December 31, 1996 (61
FR 69360), and became effective on January 30, 1997 (``the 1996
Rule''). EPA's second adjustment to civil penalty amounts was published
in the Federal Register on February 13, 2004 (69 FR 7121), and became
effective on March 15, 2004 (``the 2004 Rule''). EPA's third adjustment
to civil penalty amounts was published in the Federal Register on
December 11, 2008 (73 FR 75340), as corrected in the Federal Register
on January 7, 2009 (74 FR 626), and became effective on January 12,
2009 (``the 2008 Rule'').
---------------------------------------------------------------------------
\1\ Section 3 of the Federal Civil Penalties Inflation
Adjustment Act of 1990, 28 U.S.C. 2461 note, as amended by the DCIA,
31 U.S.C. 3701 note, defines ``civil monetary penalty'' to mean
``any penalty, fine or other sanction that--(A)(i) is for a specific
monetary amount as provided by federal law; or (ii) has a maximum
amount provided for by federal law. . . .''
---------------------------------------------------------------------------
Where necessary under the DCIA, this rule, specifically Table 1 in
40 CFR 19.4, adjusts for inflation the maximum and, in some cases, the
minimum amount of the statutory civil penalty that may be imposed for
violations of EPA-administered statutes and their implementing
regulations. Table 1 of 40 CFR 19.4 identifies the applicable EPA-
administered statutes and sets out the inflation-adjusted civil penalty
amounts that may be imposed pursuant to each statutory provision after
the effective dates of the 1996, 2004 and 2008 rules. Where required
under the DCIA formula, this rule amends the adjusted penalty amounts
in Table 1 of 40 CFR 19.4 for those violations that occur after the
effective date of this rule.
The formula prescribed by the DCIA for determining the inflation
adjustment, if any, to statutory civil penalties consists of the
following four-step process:
1. Determine the Cost-of-Living Adjustment (COLA). The COLA is
determined by calculating the percentage increase, if any, by which the
Consumer Price Index \2\ for all-urban consumers (CPI-U) for the month
of June of the calendar year preceding the adjustment exceeds the CPI-U
for the month of June of the calendar year in which the amount of such
civil monetary penalty was last set or adjusted.\3\ Accordingly, the
COLA applied under this rule equals the percentage by which the CPI-U
for June 2012 (i.e., June of the year preceding this year), exceeds the
CPI-U for June of the year in which the amount of a specific penalty
was last adjusted (i.e., 2008, 2004 or 1996, as the case may be). Given
that the last inflation adjustment was published on December 11, 2008,
the COLA for most civil penalties set forth in this rule was calculated
by determining the percentage by which the CPI-U for June 2012
(229.478) exceeds the CPI-U for June 2008 (218.815), resulting in a
COLA of 4.87 percent. For those few civil penalty amounts that were
last adjusted under the 2004 Rule, the COLA equals 20.97 percent,
calculated by determining the percentage by which the CPI-U for June
2012 (229.478) exceeds the CPI-U for June 2004 (189.7). In the case of
the maximum civil penalty that can be imposed under section
311(b)(7)(A) of the Clean Water Act, 33 U.S.C. 1321(b)(7)(A), which is
the sole civil penalty last adjusted under the 1996 Rule, the COLA is
46.45 percent, determined by calculating the percentage by which the
CPI-U for June 2012 (229.478) exceeds the CPI-U for June 1996 (156.7).
---------------------------------------------------------------------------
\2\ Section 3 of the DCIA defines ``Consumer Price Index'' to
mean ``the Consumer Price Index for all-urban consumers published by
the Department of Labor.'' Interested parties may find the relevant
Consumer Price Index, published by the Department of Labor's Bureau
of Labor Statistics, on the Internet. To access this information, go
to the CPI Home Page at: ftp://ftp.bls.gov/pub/special.requests/cpi/cpiai.txt.
\3\ Section 5(b) of the DCIA defines the term ``cost-of-living
adjustment'' to mean ``the percentage (if any) for each civil
monetary penalty by which--(1) the Consumer Price Index for the
month of June of the calendar year preceding the adjustment, exceeds
(2) the Consumer Price Index for the month of June of the calendar
year in which the amount of such civil monetary penalty was last set
or adjusted pursuant to law.''
---------------------------------------------------------------------------
2. Calculate the Raw Inflation Increase. Once the COLA is
determined, the second step is to multiply the COLA by the current
civil penalty amount to determine the raw inflation increase.
3. Apply the DCIA's Rounding Rule to the Raw Inflation Increase.
The third step is to round this raw inflation increase according to
section 5(a) of the Federal Civil Penalties Inflation Adjustment Act of
1990, 28 U.S.C. 2461 note, as amended by the DCIA, 31 U.S.C. 3701 note.
The DCIA's rounding rules require that any increase be rounded to the
nearest multiple of: $10 in the case of penalties less than or equal to
$100; $100 in the case of penalties greater than $100 but less than or
equal to $1,000; $1,000 in the case of penalties greater than $1,000
but less than or equal to $10,000; $5,000 in the case of penalties
greater than $10,000 but less than or equal to $100,000; $10,000 in the
case of penalties greater than $100,000 but less than or equal to
$200,000; and $25,000 in the case of penalties greater than $200,000.
(See section 5(a) of the Federal Civil Penalties Inflation Adjustment
Act of 1990, 28 U.S.C. 2461 note, as amended by the DCIA, 31 U.S.C.
3701 note.)
4. Add the Rounded Inflation Increase, if any, to the Current
Penalty Amount. Once the inflation increase has been rounded pursuant
to the DCIA, the fourth step is to add the rounded inflation increase
to the current civil penalty amount to obtain the new, inflation-
adjusted civil penalty amount. For example, in this rule, the current
statutory maximum penalty amounts that may be imposed under Clean Air
Act (CAA) section 113(d)(1), 42 U.S.C. 7413(d)(1), and CAA section
205(c)(1), 42 U.S.C. 7524(c)(1), are increasing from $295,000 to
$320,000. These penalty amounts were last adjusted with the
promulgation of the 2008 Rule, when these penalties were adjusted for
inflation from $270,000 to $295,000. Applying the COLA adjustment to
the current penalty amount of $295,000 results in a raw inflation
increase of $14,376 for both penalties. As stated above, the DCIA
rounding rule requires the raw inflation increase to be rounded to the
nearest multiple of $25,000 for penalties greater than $200,000.
Rounding $14,376 to the nearest multiple of $25,000 equals $25,000.
That rounded increase increment of $25,000 is then added to the
$295,000 penalty amount to arrive at a total inflation adjusted penalty
amount of $320,000. Accordingly, once this rule is effective, the
statutory maximum amounts of these penalties will increase to $320,000.
In contrast, this rule does not adjust those civil penalty amounts
where the raw inflation amounts are not high enough to round up to the
required multiple stated in the DCIA. For example, under section
3008(a)(3) of the Resource Conservation and Recovery Act, 42 U.S.C.
6928(a)(3), the Administrator may assess a civil penalty of up to
$37,500 per day of noncompliance for each violation. This penalty was
last adjusted for inflation under the 2008 Rule. Multiplying the
applicable 4.87 percent COLA to the statutory civil penalty amount of
$37,500, the raw inflation increase equals only $1,827.40; the DCIA
rounding rule requires a raw inflation increase increment to be rounded
to the nearest multiple of $5,000 for penalties greater than $10,000
but less than or equal to $100,000. Because this raw inflation increase
is not sufficient to be rounded up to a multiple of $5,000, in
accordance with the DCIA's rounding rule, this rule does not increase
the $37,500 penalty amount. However, if during the development of EPA's
next Civil Monetary Penalty Inflation Adjustment Rule, anticipated to
be
[[Page 66645]]
promulgated in 2017, the raw inflation increase can be rounded up to
the next multiple of $5,000, statutory maximum penalty amounts
currently at $37,500 will be increased to $42,500.
Because of the low rate of inflation since 2008, coupled with the
application of the DCIA's rounding rules, only 20 of the 88 statutory
civil penalty provisions implemented by EPA are being adjusted for
inflation under this rule. Assuming there are no changes to the mandate
imposed by the DCIA, EPA intends to review all statutory penalty
amounts and adjust them as necessary to account for inflation in the
year 2017 and every four years thereafter.
II. Technical Revision to Table 1 of 40 CFR 19.4 To Break Out Each of
the Statutory Penalty Authorities Under Section 325(b) of the Emergency
Planning and Community Right-To-Know Act (EPCRA)
EPA is revising the row of Table 1 of 40 CFR 19.4, which lists the
statutory maximum penalty amounts that can be imposed under section
325(b) of EPCRA, 42 U.S.C. 11045(b), to break out separately the three
penalty authorities contained in subsection (b). Since 1996, EPA has
been adjusting for inflation all of the statutory maximum penalty
amounts specified under EPCRA section 325(b), 42 U.S.C. 11045(b). Under
past rules, the Agency has grouped the maximum penalty amounts that may
be assessed under section 325(b) under the heading of 42 U.S.C.
11045(b) in Table 1 of 40 CFR 19.4. For example, under the 2008 Rule,
Table 1 of 40 CFR 19.4 reflects that the statutory maximum penalties
that can be imposed under any subparagraph of EPCRA section 325(b) are
$37,500 and $107,500. Consistent with how the other penalty authorities
are displayed under Part 19.4, Table 1 now delineates, on a subpart-by-
subpart basis, the penalty authorities enumerated under section 325(b)
of EPCRA, 42 U.S.C. 11045(b) (i.e., 42 U.S.C. 11045(b)(1)(A), (b)(2),
and (b)(3)). That is, upon the effective date of this rule, the
statutory maximum penalty that can be imposed under section
325(b)(1)(A) is $37,500; the statutory maximum penalties that can be
imposed under section 325(b)(2) are $37,500 and $117,500; and the
statutory maximum penalties that can be imposed under section 325(b)(3)
are $37,500 and $117,500.
III. Effective Date
Section 6 of the DCIA provides that ``any increase under [the DCIA]
in a civil monetary penalty shall apply only to violations which occur
after the date the increase takes effect.'' (See section 6 of the
Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C.
2461 note, as amended by the DCIA, 31 U.S.C. 3701 note.) Thus, the new
inflation-adjusted civil penalty amounts may be applied only to
violations that occur after the effective date of this rule.
IV. Good Cause
Section 553(b) of the Administrative Procedure Act (APA) provides
that, when an agency for good cause finds that ``notice and public
procedure . . . are impracticable, unnecessary, or contrary to the
public interest,'' the agency may issue a rule without providing notice
and an opportunity for public comment. EPA finds that there is good
cause to promulgate this rule without providing for public comment. The
primary purpose of this final rule is merely to implement the statutory
directive in the DCIA to make periodic increases in civil penalty
amounts by applying the adjustment formula and rounding rules
established by the statute. Because the calculation of the increases is
formula-driven and prescribed by statute, EPA has no discretion to vary
the amount of the adjustment to reflect any views or suggestions
provided by commenters. Accordingly, it would serve no purpose to
provide an opportunity for public comment on this rule. Thus, notice
and public comment is unnecessary.
In addition, EPA is making the technical revisions discussed above
without notice and public comment. Because the technical revisions to
Table 1 of 40 CFR 19.4 more accurately reflect the statutory provisions
under each of the subparagraphs of section 325(b) (i.e., under 42
U.S.C. 11045(b)(1)(A), (b)(2), and (b)(3)) and do not constitute
substantive revisions to the rule, these changes do not require notice
and comment.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and
therefore is not subject to review under the Executive Orders 12866 and
13563 (76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-
3521. Burden is defined at 5 CFR 1320.3(b). This rule merely increases
the amount of civil penalties that could be imposed in the context of a
federal civil administrative enforcement action or civil judicial case
for violations of EPA-administered statutes and their implementing
regulations.
C. Regulatory Flexibility Act
Today's final rule is not subject to the Regulatory Flexibility Act
(RFA), 5 U.S.C. 601-612, which generally requires an agency to prepare
a regulatory flexibility analysis for any rule that will have a
significant economic impact on a substantial number of small entities.
The RFA applies only to rules subject to notice and comment rulemaking
requirements under the APA or any other statute. This rule is not
subject to notice and comment requirements under the APA or any other
statute because although the rule is subject to the APA, the Agency has
invoked the ``good cause'' exemption under 5 U.S.C. 553(b), therefore
it is not subject to the notice and comment requirements.
D. Unfunded Mandates Reform Act
This action contains no federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for state, local, or tribal governments or the private
sector. The action implements mandates specifically and explicitly set
forth by Congress in the DCIA without the exercise of any policy
discretion by EPA. By applying the adjustment formula and rounding
rules prescribed by the DCIA, this rule adjusts for inflation the
statutory maximum and, in some cases, the minimum, amount of civil
penalties that can be assessed by EPA in an administrative enforcement
action, or by the U.S. Attorney General in a civil judicial case, for
violations of EPA-administered statutes and their implementing
regulations. Because the calculation of any increase is formula-driven,
EPA has no policy discretion to vary the amount of the adjustment.
Given that the Agency has made a ``good cause'' finding that this rule
is not subject to notice and comment requirements under the APA or any
other statute (see Section IV of this notice), it is not subject to
sections 202 and 205 of UMRA. EPA has also determined that this action
is not subject to the requirements of section 203 of UMRA because it
contains no regulatory requirements that might significantly or
uniquely affect small governments. This rule merely increases
[[Page 66646]]
the amount of civil penalties that could conceivably be imposed in the
context of a federal civil administrative enforcement action or civil
judicial case for violations of EPA-administered statutes and their
implementing regulations.
E. Executive Order 13132 (Federalism)
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This
rule merely increases the amount of civil penalties that could
conceivably be imposed in the context of a federal civil administrative
enforcement action or civil judicial case for violations of EPA-
administered statutes and their implementing regulations. Thus,
Executive Order 13132 does not apply to this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This rule merely
increases the amount of civil penalties that could be imposed in the
context of a federal civil administrative enforcement action or civil
judicial case for violations of EPA-administered statutes and their
implementing regulations. This final rule will not have substantial
direct effects on tribal governments, on the relationship between the
federal government and Indian tribes, or on the distribution of power
and responsibilities between the federal government and Indian tribes.
Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), 15 U.S.C. 272 note, directs EPA to use
voluntary consensus standards in its regulatory activities unless to do
so would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by voluntary consensus
standards bodies. NTTAA directs EPA to provide Congress, through the
U.S. Office of Management and Budget, explanations when the Agency
decides not to use available and applicable voluntary consensus
standards. This action does not involve technical standards. Therefore,
EPA did not consider the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. EPA lacks the discretionary authority
to address environmental justice in this final rulemaking. The primary
purpose of this final rule is merely to apply the DCIA's inflation
adjustment formula to make periodic increases in the civil penalties
that may be imposed for violations of EPA-administered statutes and
their implementing regulations. Thus, because calculation of the
increases is formula-driven, EPA has no discretion in updating the rule
to reflect the allowable statutory civil penalties derived from
applying the formula. Since there is no discretion under the DCIA in
determining the statutory civil penalty amount, EPA cannot vary the
amount of the civil penalty adjustment to address other issues,
including environmental justice issues.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801-808, as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 19
Environmental protection, Administrative practice and procedure,
Penalties.
Dated: October 29, 2013.
Gina McCarthy,
Administrator, Environmental Protection Agency.
For the reasons set out in the preamble, title 40, chapter I, part
19 of the Code of Federal Regulations is amended as follows:
PART 19--ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION
0
1. The authority citation for part 19 continues to read as follows:
Authority: Pub. L. 101-410, 28 U.S.C. 2461 note; Public Law 104-
134, 31 U.S.C. 3701 note.
0
2. Revise Sec. 19.2 to read as follows:
Sec. 19.2 Effective date.
The increased penalty amounts set forth in the seventh and last
column of Table 1 to Sec. 19.4 apply to all violations under the
applicable statutes and regulations which occur after December 6, 2013.
The penalty amounts in the sixth column of Table 1 to Sec. 19.4 apply
to violations under the applicable statutes and regulations which
occurred after January 12, 2009, through December 6, 2013. The penalty
amounts in the fifth column of Table 1 to Sec. 19.4 apply to all
violations under the applicable statutes and regulations
[[Page 66647]]
which occurred after March 15, 2004, through January 12, 2009. The
penalty amounts in the fourth column of Table 1 to Sec. 19.4 apply to
all violations under the applicable statutes and regulations which
occurred after January 30, 1997, through March 15, 2004.
0
3. Revise Sec. 19.4 to read as follows:
Sec. 19.4 Penalty adjustment and table.
The adjusted statutory penalty provisions and their applicable
amounts are set out in Table 1. The last column in the table provides
the newly effective statutory civil penalty amounts.
Table 1 of Section 19.4--Civil Monetary Penalty Inflation Adjustments
--------------------------------------------------------------------------------------------------------------------------------------------------------
Penalties Penalties Penalties
Statutory effective after effective after effective after Penalties
U.S. Code Citation Environmental penalties, as January 30, 1997 March 15, 2004 January 12, 2009 effective after
statute enacted through March 15, through January through December December 6, 2013
2004 12, 2009 6, 2013
--------------------------------------------------------------------------------------------------------------------------------------------------------
7 U.S.C. 136l.(a)(1)............ FEDERAL $5,000 $5,500 $6,500 $7,500 $7,500
INSECTICIDE,
FUNGICIDE, AND
RODENTICIDE ACT
(FIFRA).
7 U.S.C. 136l.(a)(2)............ FIFRA............. $500/$1,000 $550/$1,000 $650/$1,100 $750/$1,100 $750/$1,100
15 U.S.C. 2615(a)(1)............ TOXIC SUBSTANCES $25,000 $27,500 $32,500 $37,500 $37,500
CONTROL ACT
(TSCA).
15 U.S.C. 2647(a)............... TSCA.............. $5,000 $5,500 $6,500 $7,500 $7,500
15 U.S.C. 2647(g)............... TSCA.............. $5,000 $5,000 $5,500 $7,500 $7,500
31 U.S.C. 3802(a)(1)............ PROGRAM FRAUD $5,000 $5,500 $6,500 $7,500 $7,500
CIVIL REMEDIES
ACT (PFCRA).
31 U.S.C. 3802(a)(2)............ PFCRA............. $5,000 $5,500 $6,500 $7,500 $7,500
33 U.S.C. 1319(d)............... CLEAN WATER ACT $25,000 $27,500 $32,500 $37,500 $37,500
(CWA).
33 U.S.C. 1319(g)(2)(A)......... CWA............... $10,000/$25,000 $11,000/$27,500 $11,000/$32,500 $16,000/$37,500 $16,000/$37,500
33 U.S.C. 1319(g)(2)(B)......... CWA............... $10,000/$125,000 $11,000/$137,500 $11,000/$157,500 $16,000/$177,500 $16,000/$187,500
33 U.S.C. 1321(b)(6)(B)(i)...... CWA............... $10,000/$25,000 $11,000/$27,500 $11,000/$32,500 $16,000/$37,500 $16,000/$37,500
33 U.S.C. 1321(b)(6)(B)(ii)..... CWA............... $10,000/$125,000 $11,000/$137,500 $11,000/$157,500 $16,000/$177,500 $16,000/$187,500
33 U.S.C. 1321(b)(7)(A)......... CWA............... $25,000/$1,000 $27,500/$1,100 $32,500/$1,100 $37,500/$1,100 $37,500/$2,100
33 U.S.C. 1321(b)(7)(B)......... CWA............... $25,000 $27,500 $32,500 $37,500 $37,500
33 U.S.C. 1321(b)(7)(C)......... CWA............... $25,000 $27,500 $32,500 $37,500 $37,500
33 U.S.C. 1321(b)(7)(D)......... CWA............... $100,000/$3,000 $110,000/$3,300 $130,000/$4,300 $140,000/$4,300 $150,000/$5,300
33 U.S.C. 1414b(d)(1) \1\....... MARINE PROTECTION, $600 $660 $760 $860 $860
RESEARCH, AND
SANCTUARIES ACT
(MPRSA).
33 U.S.C. 1415(a)............... MPRSA............. $50,000/$125,000 $55,000/$137,500 $65,000/$157,500 $70,000/$177,500 $75,000/$187,500
33 U.S.C. 1901 note (see CERTAIN ALASKAN $10,000/$25,000 $10,000/$25,000 $10,000/$25,000 $11,000/$27,500 $11,000/$27,500
1409(a)(2)(A)). CRUISE SHIP \2\
OPERATIONS
(CACSO).
33 U.S.C. 1901 note (see CACSO............. $10,000/$125,000 $10,000/$125,000 $10,000/$125,000 $11,000/$137,500 $11,000/$147,500
1409(a)(2)(B)).
33 U.S.C. 1901 note (see CACSO............. $25,000 $25,000 $25,000 $27,500 $27,500
1409(b)(1)).
42 U.S.C. 300g-3(b)............. SAFE DRINKING $25,000 $27,500 $32,500 $37,500 $37,500
WATER ACT (SDWA).
42 U.S.C. 300g-3(g)(3)(A)....... SDWA.............. $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 300g-3(g)(3)(B)....... SDWA.............. $5,000/$25,000 $5,000/$25,000 $6,000/$27,500 $7,000/$32,500 $7,000/$32,500
42 U.S.C. 300g-3(g)(3)(C)....... SDWA.............. $25,000 $25,000 $27,500 $32,500 $32,500
42 U.S.C. 300h-2(b)(1).......... SDWA.............. $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 300h-2(c)(1).......... SDWA.............. $10,000/$125,000 $11,000/$137,500 $11,000/$157,500 $16,000/$177,500 $16,000/$187,500
42 U.S.C. 300h-2(c)(2).......... SDWA.............. $5,000/$125,000 $5,500/$137,500 $6,500/$157,500 $7,500/$177,500 $7,500/$187,500
42 U.S.C. 300h-3(c)............. SDWA.............. $5,000/$10,000 $5,500/$11,000 $6,500/$11,000 $7,500/$16,000 $7,500/$16,000
42 U.S.C. 300i(b)............... SDWA.............. $15,000 $15,000 $16,500 $16,500 $21,500
42 U.S.C. 300i-1(c)............. SDWA.............. $20,000/$50,000 $22,000/$55,000 $100,000/ $110,000/ $120,000/
\3\ $1,000,000 $1,100,000 $1,150,000
42 U.S.C. 300j(e)(2)............ SDWA.............. $2,500 $2,750 $2,750 $3,750 $3,750
42 U.S.C. 300j-4(c)............. SDWA.............. $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 300j-6(b)(2).......... SDWA.............. $25,000 $25,000 $27,500 $32,500 $32,500
42 U.S.C. 300j-23(d)............ SDWA.............. $5,000/$50,000 $5,500/$55,000 $6,500/$65,000 $7,500/$70,000 $7,500/$75,000
42 U.S.C. 4852d(b)(5)........... RESIDENTIAL LEAD- $10,000 $11,000 $11,000 $16,000 $16,000
BASED PAINT
HAZARD REDUCTION
ACT OF 1992.
42 U.S.C. 4910(a)(2)............ NOISE CONTROL ACT $10,000 $11,000 $11,000 $16,000 $16,000
OF 1972.
42 U.S.C. 6928(a)(3)............ RESOURCE $25,000 $27,500 $32,500 $37,500 $37,500
CONSERVATION AND
RECOVERY ACT
(RCRA).
42 U.S.C. 6928(c)............... RCRA.............. $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 6928(g)............... RCRA.............. $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 6928(h)(2)............ RCRA.............. $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 6934(e)............... RCRA.............. $5,000 $5,500 $6,500 $7,500 $7,500
42 U.S.C. 6973(b)............... RCRA.............. $5,000 $5,500 $6,500 $7,500 $7,500
[[Page 66648]]
42 U.S.C. 6991e(a)(3)........... RCRA.............. $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 6991e(d)(1)........... RCRA.............. $10,000 $11,000 $11,000 $16,000 $16,000
42 U.S.C. 6991e(d)(2)........... RCRA.............. $10,000 $11,000 $11,000 $16,000 $16,000
42 U.S.C. 7413(b)............... CLEAN AIR ACT $25,000 $27,500 $32,500 $37,500 $37,500
(CAA).
42 U.S.C. 7413(d)(1)............ CAA............... $25,000/$200,000 $27,500/$220,000 $32,500/$270,000 $37,500/$295,000 $37,500/$320,000
42 U.S.C. 7413(d)(3)............ CAA............... $5,000 $5,500 $6,500 $7,500 $7,500
42 U.S.C. 7524(a)............... CAA............... $2,500/$25,000 $2,750/$27,500 $2,750/$32,500 $3,750/$37,500 $3,750/$37,500
42 U.S.C. 7524(c)(1)............ CAA............... $200,000 $220,000 $270,000 $295,000 $320,000
42 U.S.C. 7545(d)(1)............ CAA............... $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 9604(e)(5)(B)......... COMPREHENSIVE $25,000 $27,500 $32,500 $37,500 $37,500
ENVIRONMENTAL
RESPONSE,
COMPENSATION, AND
LIABILITY ACT
(CERCLA).
42 U.S.C. 9606(b)(1)............ CERCLA............ $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 9609(a)(1)............ CERCLA............ $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 9609(b)............... CERCLA............ $25,000/$75,000 $27,500/$82,500 $32,500/$97,500 $37,500/$107,500 $37,500/$117,500
42 U.S.C. 9609(c)............... CERCLA............ $25,000/$75,000 $27,500/$82,500 $32,500/$97,500 $37,500/$107,500 $37,500/$117,500
42 U.S.C. 11045(a).............. EMERGENCY PLANNING $25,000 $27,500 $32,500 $37,500 $37,500
AND COMMUNITY
RIGHT-TO-KNOW ACT
(EPCRA).
42 U.S.C. 11045(b)(1)(A) \4\.... EPCRA............. $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 11045(b)(2)........... EPCRA............. $25,000/$75,000 $27,500/$82,500 $32,500/$97,500 $37,500/$107,500 $37,500/$117,500
42 U.S.C. 11045(b)(3)........... EPCRA............. $25,000/$75,000 $27,500/$82,500 $32,500/$97,500 $37,500/$107,500 $37,500/$117,500
42 U.S.C. 11045(c)(1)........... EPCRA............. $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 11045(c)(2)........... EPCRA............. $10,000 $11,000 $11,000 $16,000 $16,000
42 U.S.C. 11045(d)(1)........... EPCRA............. $25,000 $27,500 $32,500 $37,500 $37,500
42 U.S.C. 14304(a)(1)........... MERCURY-CONTAINING $10,000 $10,000 $11,000 $16,000 $16,000
AND RECHARGEABLE
BATTERY
MANAGEMENT ACT
(BATTERY ACT).
42 U.S.C. 14304(g).............. BATTERY ACT....... $10,000 $10,000 $11,000 $16,000 $16,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Note that 33 U.S.C. 1414b (d)(1)(B) contains additional penalty escalation provisions that must be applied to the penalty amounts set forth in this
Table. The amounts set forth in this Table reflect an inflation adjustment to the calendar year 1992 penalty amount expressed in section
104B(d)(1)(A), which is used to calculate the applicable penalty amount under MPRSA section 104B(d)(1)(B) for violations that occur in any subsequent
calendar year.
\2\ CACSO was passed on December 21, 2000 as part of Title XIV of the Consolidated Appropriations Act of 2001, Pub. L. 106-554, 33 U.S.C. 1901 note.
\3\ The original statutory penalty amounts of $20,000 and $50,000 under section 1432(c) of the SDWA, 42 U.S.C. 300i-1(c), were subsequently increased by
Congress pursuant to section 403 of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, Public Law No. 107-188 (June
12, 2002), to $100,000 and $1,000,000, respectively. EPA did not adjust these new penalty amounts in its 2004 Civil Monetary Penalty Inflation
Adjustment Rule (``2004 Rule''), 69 FR 7121 (February 13, 2004), because they had gone into effect less than two years prior to the 2004 Rule.
\4\ Consistent with how the EPA's other penalty authorities are displayed under Part 19.4, this Table now delineates, on a subpart-by-subpart basis, the
penalty authorities enumerated under section 325(b) of EPCRA, 42 U.S.C. 11045(b) (i.e., 42 U.S.C. 11045(b)(1)(A), (b)(2), and (b)(3)).
[FR Doc. 2013-26648 Filed 11-5-13; 8:45 am]
BILLING CODE 6560-50-P