
[Federal Register Volume 78, Number 215 (Wednesday, November 6, 2013)]
[Rules and Regulations]
[Pages 66643-66648]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26648]


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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.

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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'').
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    \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. . . .''
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    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).
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    \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.''
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    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
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                                                                               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
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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


