
[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Rules and Regulations]
[Pages 2056-2060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00785]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 19

[FRL-9988-90-OAR-OECA]


Civil Monetary Penalty Inflation Adjustment Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is promulgating this 
final rule to adjust the level of the maximum (or minimum) statutory 
civil monetary penalty amounts under the statutes EPA administers. This 
action is mandated by the Federal Civil Penalties Inflation Adjustment 
Act of 1990, as amended through the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015 (``the 2015 Act''). The 2015 
Act prescribes a formula for annually adjusting the statutory maximum 
(or minimum) amount of civil penalties to reflect inflation, maintain 
the deterrent effect of statutory civil penalties, and promote 
compliance with the law. The rule does not necessarily revise the 
penalty amounts that EPA chooses to seek pursuant to its civil penalty 
policies in a particular case. EPA's civil penalty policies, which 
guide enforcement personnel on how to exercise EPA's statutory penalty 
authorities, take into account a number of fact-specific 
considerations, e.g., the seriousness of the violation, the violator's 
good faith efforts to comply, any economic benefit gained by the 
violator as a result of its noncompliance, and a violator's ability to 
pay.

DATES: This final rule is effective February 6, 2019, and applicable 
beginning January 15, 2019.

FOR FURTHER INFORMATION, CONTACT: David Smith-Watts, Office of Civil 
Enforcement, Office of Enforcement and Compliance Assurance, Mail Code 
2241A, Environmental Protection Agency, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460, telephone number: (202) 564-4083; smith-watts.david@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    Since 1990, federal agencies have been required to issue 
regulations adjusting for inflation the statutory civil penalties \1\ 
that can be imposed under the laws administered by that agency. The 
Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by 
the Debt Collection Improvement Act of 1996 (DCIA), required agencies 
to review their statutory civil penalties every 4 years, and to adjust 
the statutory civil penalty amounts for inflation if the increase met 
the DCIA's adjustment methodology. In accordance with the DCIA, EPA 
reviewed and, as appropriate, adjusted the civil penalty levels under 
each of the statutes the agency implements in 1996 (61 FR 69360), 2004 
(69 FR 7121), 2008 (73 FR 75340), and 2013 (78 FR 66643).
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    \1\ The Federal Civil Penalties Inflation Adjustment Act of 
1990, Public Law 101-410, 28 U.S.C. 2461 note, defines ``civil 
monetary penalty'' as ``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; and (B) is 
assessed or enforced by an agency pursuant to Federal law; and (C) 
is assessed or enforced pursuant to an administrative proceeding or 
a civil action in the Federal courts.''
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    The 2015 Act \2\ required each federal agency to adjust the level 
of statutory civil penalties under the laws implemented by that agency 
with an initial ``catch-up'' adjustment through an interim final 
rulemaking. The 2015 Act also required federal agencies, beginning on 
January 15, 2017, to make subsequent annual adjustments for inflation. 
Section 4 of the 2015 Act requires each federal agency to publish these 
annual adjustments by January 15 of each year. The purpose of the 2015 
Act is to maintain the deterrent effect of civil penalties by 
translating originally enacted statutory civil penalty amounts to 
today's dollars and rounding statutory civil penalties to the nearest 
dollar.
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    \2\ The Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 (Section 701 of Pub. L. 114-74) was signed 
into law on Nov. 2, 2015, and further amended the Federal Civil 
Penalties Inflation Adjustment Act of 1990.
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    As required by the 2015 Act, EPA issued a catch-up rule on July 1, 
2016, which was effective August 1, 2016 (81 FR 43091). EPA made its 
first annual adjustment on January 12, 2017, which was effective on 
January 15, 2017 (82 FR 3633). EPA made its second annual adjustment on 
January 10, 2018, which was effective on January 15, 2018 (83 FR 1190). 
Today's rule implements the third annual adjustment mandated by the 
2015 Act.
    The 2015 Act describes the method for calculating the adjustments. 
Each statutory maximum and minimum \3\ civil monetary penalty is 
multiplied by the cost-of-living adjustment, which is

[[Page 2057]]

the percentage by which the Consumer Price Index for all Urban 
Consumers (CPI-U) for the month of October 2018 exceeds the CPI-U for 
the month of October 2017.\4\
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    \3\ Under Section 3(2)(A) of the 2015 Act, ``civil monetary 
penalty'' means ``a specific monetary amount as provided by Federal 
law''; or ``has a maximum amount provided for by Federal law.'' EPA-
administered statutes generally refer to statutory maximum 
penalties, with the following exceptions: Section 311(b)(7)(D) of 
the Clean Water Act, 33 U.S.C. 1321(b)(7)(D), refers to a minimum 
penalty of ``not less than $100,000 . . .''; Section 104B(d)(1) of 
the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. 
1414b(d)(1), refers to an exact penalty of $600 ``[f]or each dry ton 
(or equivalent) of sewage sludge or industrial waste dumped or 
transported by the person in violation of this subsection in 
calendar year 1992 . . .''; and Section 325(d)(1) of the Emergency 
Planning and Community Right-to-Know Act, 42 U.S.C. 11045(d)(1), 
refers to an exact civil penalty of $25,000 for each frivolous trade 
secret claim.
    \4\ Current and historical CPI-U's can be found on the Bureau of 
Labor Statistics' website here: https://www.bls.gov/cpi/tables/supplemental-files/historical-cpi-u-201810.pdf.
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    With this rule, the new statutory maximum and minimum penalty 
levels listed in the seventh column of Table 2 of 40 CFR 19.4 will 
apply to all civil penalties assessed on or after February 6, 2019, for 
violations that occurred after November 2, 2015, the date the 2015 Act 
was enacted. The former maximum and minimum statutory civil penalty 
levels, which are in the sixth column of Table 2 to 40 CFR 19.4, will 
now apply only to violations that occurred after November 2, 2015, 
where the penalties were assessed on or after January 15, 2018 but 
before February 6, 2019. The statutory penalty levels for violations 
that occurred after November 2, 2015, where the penalties were assessed 
on or after August 1, 2016 but before January 15, 2017, are codified in 
the fourth column of Table 2 to 40 CFR 19.4. The statutory civil 
penalty levels that apply to violations that occurred on or before 
November 2, 2015, are codified at Table 1 to 40 CFR 19.4.
    The formula for determining the cost-of-living or inflation 
adjustment to statutory civil penalties consists of the following 
steps:
    Step 1: The cost-of-living adjustment multiplier for 2019 is the 
percentage by which the CPI-U of October 2018 (252.885) exceeds the 
CPI-U for the month of October 2017 (246.663), which is 1.02522.\5\ 
Multiply 1.02522 by the current penalty amount. This is the raw 
adjusted penalty value.
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    \5\ Section 5(b) of the 2015 Act states ``. . . the term `cost-
of-living adjustment' means the percentage (if any) for each civil 
monetary penalty by which-
    (A) the Consumer Price Index for the month of October preceding 
the date of the adjustment, exceeds
    (B) the Consumer Price Index for the month of October 1 year 
before the month of October referred to in subparagraph (A).''
    Because the CPI-U for October 2018 is 252.885 and the CPI-U for 
October 2017 is 246.663, the cost-of-living multiplier is 1.02522 
(252.885 divided by 246.663).
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    Step 2: Round the raw adjusted penalty value. Section 5 of the 2015 
Act states that any adjustment shall be rounded to the nearest multiple 
of $1. The result is the final penalty value for the year.
    II. The 2015 Act Requires Federal Agencies To Publish Annual 
Penalty Inflation Adjustments Notwithstanding Section 553 of the 
Administrative Procedures Act
    Pursuant to section 4 of the 2015 Act, each federal agency is 
required to publish the next annual adjustments no later than January 
15, 2019. However, due to the government shutdown from December 22, 
2018, to January 25, 2019, EPA and the Office of Federal Register were 
unable to publish the rule by the January 15, 2019 deadline.
    In accordance with section 553 of the Administrative Procedures Act 
(APA), most rules are subject to notice and comment and are effective 
no earlier than 30 days after publication in the Federal Register. 
However, Section 4(b)(2) of the 2015 Act provides that each agency 
shall make the annual inflation adjustments ``notwithstanding section 
553'' of the APA. Consistent with the language of the 2015 Act, this 
rule is not subject to notice and an opportunity for public comment and 
will be effective on February 6, 2019.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

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 and was 
therefore not submitted to OMB for review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because this action is not significant under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. This rule merely increases the level of statutory civil 
penalties that can 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.

D. Regulatory Flexibility Act (RFA)

    This action is not subject to the RFA. The RFA applies only to 
rules subject to notice and comment rulemaking requirements under the 
APA, 5 U.S.C. 553, or any other statute. Because the 2015 Act directs 
Federal agencies to publish this rule notwithstanding section 553 of 
the APA, this rule is not subject to notice and comment requirements or 
the RFA.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action is required by the 2015 Act, without the 
exercise of any policy discretion by EPA. This action also imposes no 
enforceable duty on any state, local or tribal governments or the 
private sector. Because the calculation of any increase is formula-
driven pursuant to the 2015 Act, EPA has no policy discretion to vary 
the amount of the adjustment.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
a substantial direct effect 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.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This rule merely reconciles the real value of 
current statutory civil penalty levels to reflect and keep pace with 
the levels originally set by Congress when the statutes were enacted. 
The calculation of the increases is formula-driven and prescribed by 
statute, and EPA has no discretion to vary the amount of the adjustment 
to reflect any views or suggestions provided by commenters. 
Accordingly, this rule will not have a substantial direct effect 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.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

[[Page 2058]]

I. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    The rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994) because it does not establish an 
environmental health or safety standard. Rather, this action is 
mandated by the 2015 Act, which prescribes a formula for adjusting 
statutory civil penalties on an annual basis to reflect inflation.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. The CRA allows the issuing agency to make a rule 
effective sooner than otherwise provided by the CRA if the agency makes 
a good cause finding that notice and comment rulemaking procedures are 
impracticable, unnecessary or contrary to the public interest (5 U.S.C. 
808(2)). The 2015 Act directs Federal agencies to publish their annual 
penalty inflation adjustments ``notwithstanding section 553 [of the 
APA].'' EPA finds that the APA's notice and comment rulemaking 
procedures are impracticable, unnecessary or contrary to the public 
interest.

List of Subjects in 40 CFR Part 19

    Environmental protection, Administrative practice and procedure, 
Penalties.

    Dated: December 21, 2018.
Andrew R. Wheeler,
Acting Administrator.
    For the reasons set out in the preamble, EPA amends title 40, 
chapter I, part 19 of the Code of Federal Regulations 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, Oct. 5, 1990, 104 Stat. 890, as 
amended by Pub. L. 104-134, title III, sec. 31001(s)(1), Apr. 26, 
1996, 110 Stat. 1321-373; Pub. L. 105-362, title XIII, sec. 1301(a), 
Nov. 10, 1998, 112 Stat. 3293; Pub. L. 114-74, title VII, sec. 
701(b), Nov. 2, 2015, 129 Stat. 599.


0
2. Revise Sec.  19.2 to read as follows:


Sec.  19.2  Effective date.

    The statutory penalty levels in the last column of Table 1 to Sec.  
19.4 apply to all violations which occurred after December 6, 2013 
through November 2, 2015, and to violations occurring after November 2, 
2015, where penalties were assessed before August 1, 2016. The 
statutory civil penalty levels set forth in the fourth column of Table 
2 of Sec.  19.4 apply to all violations which occurred after November 
2, 2015, where the penalties were assessed on or after August 1, 2016 
and before January 15, 2017. The statutory civil penalty levels set 
forth in the fifth column of Table 2 of Sec.  19.4 apply to all 
violations which occurred after November 2, 2015, where the penalties 
were assessed on or after January 15, 2017 but before January 15, 2018. 
The statutory civil penalty levels set forth in the sixth column of 
Table 2 of Sec.  19.4 apply to all violations which occurred after 
November 2, 2015, where the penalties were assessed on or after January 
15, 2018 but before February 6, 2019. The statutory civil penalty 
levels set forth in the seventh and last column of Table 2 of Sec.  
19.4 apply to all violations which occur or occurred after November 2, 
2015, where the penalties are assessed on or after February 6, 2019.

0
3. In Sec.  19.4, revise the introductory text and table 2 of section 
19.4 to read as follows:


Sec.  19.4  Statutory civil penalties, as adjusted for inflation, and 
tables.

    Table 1 to Sec.  19.4 sets out the statutory civil penalty 
provisions of statutes administered by EPA, with the original statutory 
civil penalty levels, as enacted, and the operative statutory civil 
penalty levels, as adjusted for inflation, for violations that occurred 
on or before November 2, 2015, and for violations that occurred after 
November 2, 2015, where penalties were assessed before August 1, 2016. 
Table 2 to Sec.  19.4 sets out the statutory civil penalty provisions 
of statutes administered by EPA, with the third column displaying the 
original statutory civil penalty levels, as enacted. The fourth column 
of Table 2 displays the operative statutory civil penalty levels where 
penalties were assessed on or after August 1, 2016 but before January 
15, 2017, for violations that occurred after November 2, 2015. The 
fifth column displays the operative statutory civil penalty levels 
where penalties were assessed on or after January 15, 2017 but before 
January 15, 2018, for violations that occurred after November 2, 2015. 
The sixth column displays the operative statutory civil penalty levels 
where penalties were assessed on or after January 15, 2018 but before 
January 15, 2019, for violations that occurred after November 2, 2015. 
The seventh and last column displays the operative statutory civil 
penalty levels where penalties are assessed on or after January 15, 
2019, for violations that occur or occurred after November 2, 2015.
* * * * *

                                          Table 2 of Section 19.4--Civil Monetary Penalty Inflation Adjustments
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                                                                                                Statutory civil     Statutory civil
                                                                            Statutory civil      penalties for       penalties for      Statutory civil
                                                                             penalties for      violations that     violations that      penalties for
                                                                            violations that     occurred after      occurred after      violations that
                                                        Statutory civil     occurred after     November 2, 2015,   November 2, 2015,    occurred after
       U.S. Code citation            Environmental       penalties, as     November 2, 2015,    where penalties     where penalties    November 2, 2015,
                                        statute             enacted         where penalties    were assessed on    were assessed on     where penalties
                                                                           were assessed on    or after January    or after January   are assessed on or
                                                                          or after August 1,     15, 2017 but        15, 2018 but      after January 15,
                                                                            2016 but before   before January 15,  before January 15,         2019
                                                                           January 15, 2017          2018                2019
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7 U.S.C. 136l.(a)(1)............  Federal             $5,000............  $18,750...........  $19,057...........  $19,446...........  $19,936
                                   Insecticide,
                                   Fungicide, and
                                   Rodenticide Act
                                   (FIFRA).
7 U.S.C. 136l.(a)(2)\1\.........  FIFRA.............  $1,000/$500/$1,000  $2,750/$1,772/      $2,795/$1,801/      $2,852/$1,838/      $2,924/$1,884/
                                                                           $2,750.             $2,795.             $2,852.             $2,924
15 U.S.C. 2615(a)(1)............  Toxic Substances    $25,000...........  $37,500...........  $38,114...........  $38,892...........  $39,873
                                   Control Act
                                   (TSCA).
15 U.S.C. 2647(a)...............  TSCA..............  $5,000............  $10,781...........  $10,957...........  $11,181...........  $11,463
15 U.S.C. 2647(g)...............  TSCA..............  $5,000............  $8,908............  $9,054............  $9,239............  $9,472
31 U.S.C. 3802(a)(1)............  Program Fraud       $5,000............  $10,781...........  $10,957...........  $11,181...........  $11,463
                                   Civil Remedies
                                   Act (PFCRA).
31 U.S.C. 3802(a)(2)............  PFCRA.............  $5,000............  $10,781...........  $10,957...........  $11,181...........  $11,463

[[Page 2059]]

 
33 U.S.C. 1319(d)...............  Clean Water Act     $25,000...........  $51,570...........  $52,414...........  $53,484...........  $54,833
                                   (CWA).
33 U.S.C. 1319(g)(2)(A).........  CWA...............  $10,000/$25,000...  $20,628/$51,570...  $20,965/$52,414...  $21,393/$53,484...  $21,933/$54,833
33 U.S.C. 1319(g)(2)(B).........  CWA...............  $10,000/$125,000..  $20,628/$257,848..  $20,965/$262,066..  $21,393/$267,415..  $21,933/$274,159
33 U.S.C. 1321(b)(6)(B)(i)......  CWA...............  $10,000/$25,000...  $17,816/$44,539...  $18,107/$45,268...  $18,477/$46,192...  $18,943/$47,357
33 U.S.C. 1321(b)(6)(B)(ii).....  CWA...............  $10,000/$125,000..  $17,816/$222,695..  $18,107/$226,338..  $18,477/$230,958..  $18,943/$236,783
33 U.S.C. 1321(b)(7)(A).........  CWA...............  $25,000/$1,000....  $44,539/$1,782....  $45,268/$1,811....  $46,192/$1,848....  $47,357/$1,895
33 U.S.C. 1321(b)(7)(B).........  CWA...............  $25,000...........  $44,539...........  $45,268...........  $46,192...........  $47,357
33 U.S.C. 1321(b)(7)(C).........  CWA...............  $25,000...........  $44,539...........  $45,268...........  $46,192...........  $47,357
33 U.S.C. 1321(b)(7)(D).........  CWA...............  $100,000/$3,000...  $178,156/$5,345...  $181,071/$5,432...  $184,767/$5,543...  $189,427/$5,683
33 U.S.C. 1414b(d)(1)...........  Marine Protection,  $600..............  $1,187............  $1,206............  $1,231............  $1,262
                                   Research, and
                                   Sanctuaries Act
                                   (MPRSA).
33 U.S.C. 1415(a)...............  MPRSA.............  $50,000/$125,000..  $187,500/$247,336.  $190,568/$251,382.  $194,457/$256,513.  $199,361/$262,982
33 U.S.C. 1901 note (see          Certain Alaskan     $10,000/$25,000...  $13,669/$34,172...  $13,893/$34,731...  $14,177$35,440....  $14,535/$36,334
 1409(a)(2)(A)).                   Cruise Ship
                                   Operations
                                   (CACSO).
33 U.S.C. 1901 note (see          CACSO.............  $10,000/$125,000..  $13,669/$170,861..  $13,893/$173,656..  $14,177/$177,200..  $14,535/$181,669
 1409(a)(2)(B)).
33 U.S.C. 1901 note (see          CACSO.............  $25,000...........  $34,172...........  $34,731...........  $35,440...........  $36,334
 1409(b)(1)).
33 U.S.C. 1908(b)(1)............  Act To Prevent      $25,000...........  $70,117...........  $71,264...........  $72,718...........  $74,552
                                   Pollution From
                                   Ships (APPS).
33 U.S.C. 1908(b)(2)............  APPS..............  $5,000............  $14,023...........  $14,252...........  $14,543...........  $14,910
42 U.S.C. 300g-3(b).............  Safe Drinking       $25,000...........  $53,907...........  $54,789...........  $55,907...........  $57,317
                                   Water Act (SDWA).
42 U.S.C. 300g-3(g)(3)(A).......  SDWA..............  $25,000...........  $53,907...........  $54,789...........  $55,907...........  $57,317
42 U.S.C. 300g-3(g)(3)(B).......  SDWA..............  $5,000/$25,000....  $10,781/$37,561...  $10,957/$38,175...  $11,181/$38,954...  $11,463/$39,936
42 U.S.C. 300g-3(g)(3)(C).......  SDWA..............  $25,000...........  $37,561...........  $38,175...........  $38,954...........  $39,936
42 U.S.C. 300h-2(b)(1)..........  SDWA..............  $25,000...........  $53,907...........  $54,789...........  $55,907...........  $57,317
42 U.S.C. 300h-2(c)(1)..........  SDWA..............  $10,000/$125,000..  $21,563/$269,535..  $21,916/$273,945..  $22,363/$279,536..  $22,927/$286,586
42 U.S.C. 300h-2(c)(2)..........  SDWA..............  $5,000/$125,000...  $10,781/$269,535..  $10,957/$273,945..  $11,181/$279,536..  $11,463/$286,586
42 U.S.C. 300h-3(c).............  SDWA..............  $5,000/$10,000....  $18,750/$40,000...  $19,057/$40,654...  $19,446/$41,484...  $19,936/$42,530
42 U.S.C. 300i(b)...............  SDWA..............  $15,000...........  $22,537...........  $22,906...........  $23,374...........  $23,963
42 U.S.C. 300i-1(c).............  SDWA..............  $100,000/           $131,185/           $133,331/           $136,052/           $139,483/
                                                       $1,000,000.         $1,311,850.         $1,333,312.         $1,360,525.         $1,394,837
42 U.S.C. 300j(e)(2)............  SDWA..............  $2,500............  $9,375............  $9,528............  $9,722............  $9,967
42 U.S.C. 300j-4(c).............  SDWA..............  $25,000...........  $53,907...........  $54,789...........  $55,907...........  $57,317
42 U.S.C. 300j-6(b)(2)..........  SDWA..............  $25,000...........  $37,561...........  $38,175...........  $38,954...........  $39,936
42 U.S.C. 300j-23(d)............  SDWA..............  $5,000/$50,000....  $9,893/$98,935....  $10,055/$100,554..  $10,260/$102,606..  $10,519/$105,194
42 U.S.C. 4852d(b)(5)...........  Residential Lead-   $10,000...........  $16,773...........  $17,047...........  $17,395...........  $17,834
                                   Based Paint
                                   Hazard Reduction
                                   Act of 1992.
42 U.S.C. 4910(a)(2)............  Noise Control Act   $10,000...........  $35,445...........  $36,025...........  $36,760...........  $37,687
                                   of 1972.
42 U.S.C. 6928(a)(3)............  Resource            $25,000...........  $93,750...........  $95,284...........  $97,229...........  $99,681
                                   Conservation and
                                   Recovery Act
                                   (RCRA).
42 U.S.C. 6928(c)...............  RCRA..............  $25,000...........  $56,467...........  $57,391...........  $58,562...........  $60,039
42 U.S.C. 6928(g)...............  RCRA..............  $25,000...........  $70,117...........  $71,264...........  $72,718...........  $74,552
42 U.S.C. 6928(h)(2)............  RCRA..............  $25,000...........  $56,467...........  $57,391...........  $58,562...........  $60,039
42 U.S.C. 6934(e)...............  RCRA..............  $5,000............  $14,023...........  $14,252...........  $14,543...........  $14,910
42 U.S.C. 6973(b)...............  RCRA..............  $5,000............  $14,023...........  $14,252...........  $14,543...........  $14,910
42 U.S.C. 6991e(a)(3)...........  RCRA..............  $25,000...........  $56,467...........  $57,391...........  $58,562...........  $60,039
42 U.S.C. 6991e(d)(1)...........  RCRA..............  $10,000...........  $22,587...........  $22,957...........  $23,426...........  $24,017
42 U.S.C. 6991e(d)(2)...........  RCRA..............  $10,000...........  $22,587...........  $22,957...........  $23,426...........  $24,017
42 U.S.C. 7413(b)...............  Clean Air Act       $25,000...........  $93,750...........  $95,284...........  $97,229...........  $99,681
                                   (CAA).
42 U.S.C. 7413(d)(1)............  CAA...............  $25,000/$200,000..  $44,539/$356,312..  $45,268/$362,141..  $46,192/$369,532..  $47,357/$378,852
42 U.S.C. 7413(d)(3)............  CAA...............  $5,000............  $8,908............  $9,054............  $9,239............  $9,472
42 U.S.C. 7524(a)...............  CAA...............  $25,000/$2,500....  $44,539/$4,454....  $45,268/$4,527....  $46,192/$4,619....  $47,357/$4,735
42 U.S.C. 7524(c)(1)............  CAA...............  $200,000..........  $356,312..........  $362,141..........  $369,532..........  $378,852
42 U.S.C. 7545(d)(1)............  CAA...............  $25,000...........  $44,539...........  $45,268...........  $46,192...........  $47,357
42 U.S.C. 9604(e)(5)(B).........  Comprehensive       $25,000...........  $53,907...........  $54,789...........  $55,907...........  $57,317
                                   Environmental
                                   Response,
                                   Compensation, and
                                   Liability Act
                                   (CERCLA).
42 U.S.C. 9606(b)(1)............  CERCLA............  $25,000...........  $53,907...........  $54,789...........  $55,907...........  $57,317
42 U.S.C. 9609(a)(1)............  CERCLA............  $25,000...........  $53,907...........  $54,789...........  $55,907...........  $57,317
42 U.S.C. 9609(b)...............  CERCLA............  $25,000/$75,000...  $53,907/$161,721..  $54,789/$164,367..  $55,907/$167,722..  $57,317/$171,952
42 U.S.C. 9609(c)...............  CERCLA............  $25,000/$75,000...  $53,907/$161,721..  $54,789/$164,367..  $55,907/$167,722..  $57,317/$171,952

[[Page 2060]]

 
42 U.S.C. 11045(a)..............  Emergency Planning  $25,000...........  $53,907...........  $54,789...........  $55,907...........  $57,317
                                   and Community
                                   Right-To-Know Act
                                   (EPCRA).
42 U.S.C. 11045(b)(1)(A)........  EPCRA.............  $25,000...........  $53,907...........  $54,789...........  $55,907...........  $57,317
42 U.S.C. 11045(b)(2)...........  EPCRA.............  $25,000/$75,000...  $53,907/$161,721..  $54,789/$164,367..  $55,907/$167,722..  $57,317/$171,952
42 U.S.C. 11045(b)(3)...........  EPCRA.............  $25,000/$75,000...  $53,907/$161,721..  $54,789/$164,367..  $55,907/$167,722..  $57,317/$171,952
42 U.S.C. 11045(c)(1)...........  EPCRA.............  $25,000...........  $53,907...........  $54,789...........  $55,907...........  $57,317
42 U.S.C. 11045(c)(2)...........  EPCRA.............  $10,000...........  $21,563...........  $21,916...........  $22,363...........  $22,927
42 U.S.C.11045(d)(1)............  EPCRA.............  $25,000...........  $53,907...........  $54,789...........  $55,907...........  $57,317
42 U.S.C. 14304(a)(1)...........  Mercury-Containing  $10,000...........  $15,025...........  $15,271...........  $15,583...........  $15,976
                                   and Rechargeable
                                   Battery
                                   Management Act
                                   (Battery Act).
42 U.S.C. 14304(g)..............  Battery Act.......  $10,000...........  $15,025...........  $15,271...........  $15,583...........  $15,976
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Note that 7 U.S.C. 136l.(a)(2) contains three separate statutory maximum civil penalty provisions. The first mention of $1,000 and the $500
  statutory maximum civil penalty amount were originally enacted in 1978 (Pub. L. 95-396), and the second mention of $1,000 was enacted in 1972 (Pub. L.
  92-516).

[FR Doc. 2019-00785 Filed 2-5-19; 8:45 am]
 BILLING CODE 6560-50-P


