Civil Monetary Penalty Inflation Adjustment Rule, 66643-66648 [2013-26648]
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Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Rules and Regulations
and amended citations in two
provisions of the construction standards
to show the correct incorporation-byreference section.
In the DFR, OSHA stated that it would
confirm the effective date of the DFR if
it received no significant adverse
comments. OSHA received eight
favorable and no adverse comments on
the DFR (see ID: OSHA–2013–0005–
0008 thru –0015 in the docket for this
rulemaking). Accordingly, OSHA is
confirming the effective date of the final
rule.
In addition to explicitly supporting
the DFR, several of the commenters
provided supplemental information. Mr.
Charles Johnson of AltairStrickland
stated that as a result of ‘‘[OSHA’s]
incorporating both the 1968 and the
[2011] versions of the ANSI Z535
standard by reference[,] both
manufacturers and employers will likely
migrate to the newer versions and the
older versions will likely fade away as
demand declines’’ (ID: OSHA–2013–
0005–0011). Mr. Johnson also
commented that ‘‘[h]ad OSHA deleted
the reference to the ANSI Z35.1–1968
language, these signs would require
replacement at considerable and
unnecessary cost to employers.’’ Id.
A second commenter, Mr. Blair
Brewster of MySafetySign.com,
described several advantages and
limitations of the updated ANSI signage
standards, concluding that ‘‘[i]t would
be arrogant to assume that a single
standard is best. The ANSI Z535
designs, the traditional safety sign and
tag designs, as well as the countless
other designs to come, will all have
their place and will all coexist’’ (ID:
OSHA–2013–0005–0014).
A third commenter, Mr. Kyle Pitsor of
the National Electrical Manufacturers
Association (NEMA) stated that ‘‘[w]hile
we would have preferred that the
references to the outdated standards be
removed entirely from OSHA’s
regulations, NEMA agrees that giving
employers the option of using signs and
tags that meet either the 1967–1968 or
the most recent versions of the
standards will provide the greatest
flexibility without imposing additional
costs’’ (ID: OSHA–2013–0005–0013).
Mr. Pitsor also helpfully noted that,
contrary to proposed §§ 1910.6(e)(66)
and (e)(67) and 1926.6(h)(28)–(h)(30),
the International Safety Equipment
Association (ISEA) is not authorized to
sell the ANSI Z535 standards proposed
for incorporation by reference, and these
standards are not sold on the ISEA Web
site, www.safetyequipment.org. In
response to Mr. Pitsor’s comment,
OSHA is correcting the incorporationby-reference provisions in question in
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29 CFR 1910.6 and 1926.6 in a separate
Federal Register notice identifying the
three locations where the public can
purchase the updated ANSI Z535
standards.
Finally, OSHA received an email from
Jonathan Stewart, Manager, Government
Relations, NEMA, after the comment
period ended (ID: OSHA–2013–0005–
0015). In his email, Mr. Stewart
mentioned NEMA’s earlier comments to
the docket (ID: OSHA–2013–0005–
0013), and stated that ‘‘[w]hile reflective
of NEMA’s position, those comments
did not include a clarification regarding
the language that the NRPM used in Sec.
1926.200 Accident prevention signs and
tags.’’ He further indicated that ‘‘[t]he
language, while not inaccurate, was
unclear regarding which figure(s) it
intended to reference in the ANSI
Z535.2–2011 standard.’’ Although this
comment was late, OSHA considered it
because it was a purely technical
comment, pointing out an ambiguity in
the cited provision’s reference to figures
in the updated version of the national
consensus standard, ANSI Z535.2–2011.
OSHA finds that the comment has
merit, and accordingly is clarifying the
language in 29 CFR 1926.200(b) and (c)
specifying which figures employers
must follow in ANSI Z535.2–2011.
List of Subjects in 29 CFR Parts 1910
and 1926
Signage, Incorporation by reference,
Occupational safety and health, Safety.
Authority and Signature
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health, U.S.
Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210,
authorized the preparation of this final
rule. OSHA is issuing this final rule
pursuant to 29 U.S.C. 653, 655, and 657,
5 U.S.C. 553, Secretary of Labor’s Order
1–2012 (77 FR 3912), and 29 CFR part
1911.
Signed at Washington, DC, on October 30,
2013.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2013–26336 Filed 11–5–13; 8:45 am]
66643
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 19
[FRL–9901–98–OECA]
RIN 2020–AA49
Civil Monetary Penalty Inflation
Adjustment Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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:
SUMMARY:
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
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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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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’’).
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 EPAadministered statutes and their
implementing regulations. Table 1 of 40
CFR 19.4 identifies the applicable EPAadministered 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 fourstep 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
2 Section 3 of the DCIA defines ‘‘Consumer Price
Index’’ to mean ‘‘the Consumer Price Index for allurban 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 ‘‘costof-living adjustment’’ to mean ‘‘the percentage (if
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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. 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
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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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
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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-ToKnow 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
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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
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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 EPAadministered 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 formuladriven, 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
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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 EPAadministered 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 EPAadministered 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.
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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.
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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.
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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
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.
■
2. Revise § 19.2 to read as follows:
§ 19.2
Effective date.
The increased penalty amounts set
forth in the seventh and last column of
Table 1 to § 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 § 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 § 19.4
apply to all violations under the
applicable statutes and regulations
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Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Rules and Regulations
which occurred after March 15, 2004,
through January 12, 2009. The penalty
amounts in the fourth column of Table
1 to § 19.4 apply to all violations under
the applicable statutes and regulations
which occurred after January 30, 1997,
through March 15, 2004.
■
3. Revise § 19.4 to read as follows:
§ 19.4
66647
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
U.S. Code Citation
Environmental statute
7 U.S.C. 136l.(a)(1) .........
FEDERAL INSECTICIDE,
FUNGICIDE, AND
RODENTICIDE ACT
(FIFRA).
FIFRA ..............................
TOXIC SUBSTANCES
CONTROL ACT
(TSCA).
TSCA ...............................
TSCA ...............................
PROGRAM FRAUD
CIVIL REMEDIES ACT
(PFCRA).
PFCRA ............................
CLEAN WATER ACT
(CWA).
CWA ................................
CWA ................................
CWA ................................
CWA ................................
7 U.S.C. 136l.(a)(2) .........
15 U.S.C. 2615(a)(1) .......
15 U.S.C. 2647(a) ...........
15 U.S.C. 2647(g) ...........
31 U.S.C. 3802(a)(1) .......
31 U.S.C. 3802(a)(2) .......
33 U.S.C. 1319(d) ...........
33 U.S.C. 1319(g)(2)(A) ..
33 U.S.C. 1319(g)(2)(B) ..
33 U.S.C. 1321(b)(6)(B)(i)
33 U.S.C.
1321(b)(6)(B)(ii).
33 U.S.C. 1321(b)(7)(A) ..
33 U.S.C. 1321(b)(7)(B) ..
33 U.S.C. 1321(b)(7)(C) ..
33 U.S.C. 1321(b)(7)(D) ..
33 U.S.C. 1414b(d)(1) 1 ...
33 U.S.C. 1415(a) ...........
33 U.S.C. 1901 note (see
1409(a)(2)(A)).
33 U.S.C. 1901 note (see
1409(a)(2)(B)).
33 U.S.C. 1901 note (see
1409(b)(1)).
42 U.S.C. 300g–3(b) .......
42 U.S.C. 300g–
3(g)(3)(A).
42 U.S.C. 300g–
3(g)(3)(B).
42 U.S.C. 300g–
3(g)(3)(C).
42 U.S.C. 300h–2(b)(1) ...
42 U.S.C. 300h–2(c)(1) ...
42 U.S.C. 300h–2(c)(2) ...
42 U.S.C. 300h–3(c) ........
42 U.S.C. 300i(b) .............
42 U.S.C. 300i–1(c) .........
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42
42
42
42
42
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
300j(e)(2) ........
300j–4(c) .........
300j–6(b)(2) ....
300j–23(d) .......
4852d(b)(5) .....
42 U.S.C. 4910(a)(2) .......
42 U.S.C. 6928(a)(3) .......
42
42
42
42
42
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
6928(c) ............
6928(g) ...........
6928(h)(2) .......
6934(e) ...........
6973(b) ...........
VerDate Mar<15>2010
Statutory penalties,
as enacted
Penalties effective
after January 30,
1997 through
March 15, 2004
Penalties effective
after March 15,
2004 through
January 12, 2009
Penalties effective
after January 12,
2009 through
December 6, 2013
Penalties effective
after
December 6, 2013
$5,000
$5,500
$6,500
$7,500
$7,500
$500/$1,000
$25,000
$550/$1,000
$27,500
$650/$1,100
$32,500
$750/$1,100
$37,500
$750/$1,100
$37,500
$5,000
$5,000
$5,000
$5,500
$5,000
$5,500
$6,500
$5,500
$6,500
$7,500
$7,500
$7,500
$7,500
$7,500
$7,500
$5,000
$25,000
$5,500
$27,500
$6,500
$32,500
$7,500
$37,500
$7,500
$37,500
$10,000/$25,000
$10,000/$125,000
$10,000/$25,000
$10,000/$125,000
$11,000/$27,500
$11,000/$137,500
$11,000/$27,500
$11,000/$137,500
$11,000/$32,500
$11,000/$157,500
$11,000/$32,500
$11,000/$157,500
$16,000/$37,500
$16,000/$177,500
$16,000/$37,500
$16,000/$177,500
$16,000/$37,500
$16,000/$187,500
$16,000/$37,500
$16,000/$187,500
$25,000/$1,000
$25,000
$25,000
$100,000/$3,000
$600
$27,500/$1,100
$27,500
$27,500
$110,000/$3,300
$660
$32,500/$1,100
$32,500
$32,500
$130,000/$4,300
$760
$37,500/$1,100
$37,500
$37,500
$140,000/$4,300
$860
$37,500/$2,100
$37,500
$37,500
$150,000/$5,300
$860
CWA ................................
CWA ................................
CWA ................................
CWA ................................
MARINE PROTECTION,
RESEARCH, AND
SANCTUARIES ACT
(MPRSA).
MPRSA ...........................
CERTAIN ALASKAN
CRUISE SHIP OPERATIONS (CACSO).
CACSO ...........................
$50,000/$125,000
$10,000/$25,000
$55,000/$137,500
$10,000/$25,000 2
$65,000/$157,500
$10,000/$25,000
$70,000/$177,500
$11,000/$27,500
$75,000/$187,500
$11,000/$27,500
$10,000/$125,000
$10,000/$125,000
$10,000/$125,000
$11,000/$137,500
$11,000/$147,500
CACSO ...........................
$25,000
$25,000
$25,000
$27,500
$27,500
SAFE DRINKING
WATER ACT (SDWA).
SDWA .............................
$25,000
$27,500
$32,500
$37,500
$37,500
$25,000
$27,500
$32,500
$37,500
$37,500
SDWA .............................
$5,000/$25,000
$5,000/$25,000
$6,000/$27,500
$7,000/$32,500
$7,000/$32,500
SDWA .............................
$25,000
$25,000
$27,500
$32,500
$32,500
.............................
.............................
.............................
.............................
.............................
.............................
$25,000
$10,000/$125,000
$5,000/$125,000
$5,000/$10,000
$15,000
$20,000/$50,000
$27,500
$11,000/$137,500
$5,500/$137,500
$5,500/$11,000
$15,000
$22,000/$55,000 3
SDWA .............................
SDWA .............................
SDWA .............................
SDWA .............................
RESIDENTIAL LEADBASED PAINT HAZARD REDUCTION
ACT OF 1992.
NOISE CONTROL ACT
OF 1972.
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA).
RCRA ..............................
RCRA ..............................
RCRA ..............................
RCRA ..............................
RCRA ..............................
$2,500
$25,000
$25,000
$5,000/$50,000
$10,000
$2,750
$27,500
$25,000
$5,500/$55,000
$11,000
$32,500
$11,000/$157,500
$6,500/$157,500
$6,500/$11,000
$16,500
$100,000/
$1,000,000
$2,750
$32,500
$27,500
$6,500/$65,000
$11,000
$37,500
$16,000/$177,500
$7,500/$177,500
$7,500/$16,000
$16,500
$110,000/
$1,100,000
$3,750
$37,500
$32,500
$7,500/$70,000
$16,000
$37,500
$16,000/$187,500
$7,500/$187,500
$7,500/$16,000
$21,500
$120,000/
$1,150,000
$3,750
$37,500
$32,500
$7,500/$75,000
$16,000
$10,000
$11,000
$11,000
$16,000
$16,000
$25,000
$27,500
$32,500
$37,500
$37,500
$25,000
$25,000
$25,000
$5,000
$5,000
$27,500
$27,500
$27,500
$5,500
$5,500
$32,500
$32,500
$32,500
$6,500
$6,500
$37,500
$37,500
$37,500
$7,500
$7,500
$37,500
$37,500
$37,500
$7,500
$7,500
SDWA
SDWA
SDWA
SDWA
SDWA
SDWA
15:05 Nov 05, 2013
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Fmt 4700
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Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Rules and Regulations
TABLE 1 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS—Continued
U.S. Code Citation
42
42
42
42
42
42
42
42
42
42
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
6991e(a)(3) .....
6991e(d)(1) .....
6991e(d)(2) .....
7413(b) ...........
7413(d)(1) .......
7413(d)(3) .......
7524(a) ...........
7524(c)(1) .......
7545(d)(1) .......
9604(e)(5)(B) ..
42
42
42
42
42
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
9606(b)(1) .......
9609(a)(1) .......
9609(b) ...........
9609(c) ............
11045(a) .........
42 U.S.C.
11045(b)(1)(A) 4.
42 U.S.C. 11045(b)(2)
42 U.S.C. 11045(b)(3)
42 U.S.C. 11045(c)(1)
42 U.S.C. 11045(c)(2)
42 U.S.C. 11045(d)(1)
42 U.S.C. 14304(a)(1)
Statutory penalties,
as enacted
Penalties effective
after January 30,
1997 through
March 15, 2004
Penalties effective
after March 15,
2004 through
January 12, 2009
Penalties effective
after January 12,
2009 through
December 6, 2013
Penalties effective
after
December 6, 2013
RCRA ..............................
RCRA ..............................
RCRA ..............................
CLEAN AIR ACT (CAA) ..
CAA .................................
CAA .................................
CAA .................................
CAA .................................
CAA .................................
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT
(CERCLA).
CERCLA ..........................
CERCLA ..........................
CERCLA ..........................
CERCLA ..........................
EMERGENCY PLANNING AND COMMUNITY RIGHT-TOKNOW ACT (EPCRA).
EPCRA ............................
$25,000
$10,000
$10,000
$25,000
$25,000/$200,000
$5,000
$2,500/$25,000
$200,000
$25,000
$25,000
$27,500
$11,000
$11,000
$27,500
$27,500/$220,000
$5,500
$2,750/$27,500
$220,000
$27,500
$27,500
$32,500
$11,000
$11,000
$32,500
$32,500/$270,000
$6,500
$2,750/$32,500
$270,000
$32,500
$32,500
$37,500
$16,000
$16,000
$37,500
$37,500/$295,000
$7,500
$3,750/$37,500
$295,000
$37,500
$37,500
$37,500
$16,000
$16,000
$37,500
$37,500/$320,000
$7,500
$3,750/$37,500
$320,000
$37,500
$37,500
$25,000
$25,000
$25,000/$75,000
$25,000/$75,000
$25,000
$27,500
$27,500
$27,500/$82,500
$27,500/$82,500
$27,500
$32,500
$32,500
$32,500/$97,500
$32,500/$97,500
$32,500
$37,500
$37,500
$37,500/$107,500
$37,500/$107,500
$37,500
$37,500
$37,500
$37,500/$117,500
$37,500/$117,500
$37,500
$25,000
$27,500
$32,500
$37,500
$37,500
EPCRA ............................
EPCRA ............................
EPCRA ............................
EPCRA ............................
EPCRA ............................
MERCURY-CONTAINING AND RECHARGEABLE BATTERY MANAGEMENT
ACT (BATTERY ACT).
BATTERY ACT ...............
$25,000/$75,000
$25,000/$75,000
$25,000
$10,000
$25,000
$10,000
$27,500/$82,500
$27,500/$82,500
$27,500
$11,000
$27,500
$10,000
$32,500/$97,500
$32,500/$97,500
$32,500
$11,000
$32,500
$11,000
$37,500/$107,500
$37,500/$107,500
$37,500
$16,000
$37,500
$16,000
$37,500/$117,500
$37,500/$117,500
$37,500
$16,000
$37,500
$16,000
$10,000
$10,000
$11,000
$16,000
$16,000
Environmental statute
.....
.....
.....
.....
.....
.....
42 U.S.C. 14304(g) .........
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
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2010–0335; FRL–9902–50–
Region 6]
pmangrum on DSK3VPTVN1PROD with RULES
Approval and Promulgation of
Implementation Plans; Texas;
Procedures for Stringency
Determinations and Minor Permit
Revisions for Federal Operating
Permits
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
On September 10, 2013, EPA
published a direct final rule approving
portions of three revisions to the Texas
SUMMARY:
VerDate Mar<15>2010
15:05 Nov 05, 2013
Jkt 232001
State Implementation Plan (SIP)
concerning the Texas Federal Operating
Permits Program. The direct final action
was published without prior proposal
because EPA anticipated no adverse
comments. EPA stated in the direct final
rule that if we received relevant, adverse
comments by October 10, 2013, EPA
would publish a timely withdrawal in
the Federal Register. EPA subsequently
received timely adverse comments on
the direct final rule. Therefore, EPA is
withdrawing the direct final approval
and will proceed to respond to all
relevant, adverse comments in a
subsequent action based on the parallel
proposal published on September 10,
2013. As stated in the parallel proposal,
EPA will not institute a second
comment period on this action.
FOR FURTHER INFORMATION CONTACT:
The direct final rule published
on September 10, 2013 (78 FR 55221),
is withdrawn as of November 6, 2013.
Accordingly, the amendments to 40
CFR 52.2270 published in the Federal
Register on September 10, 2013 (78 FR
DATES:
PO 00000
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Fmt 4700
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Ms.
Adina Wiley (6PD–R), Air Permits
Section, Environmental Protection
Agency, Region 6, 1445 Ross Avenue
(6PD–R), Suite 1200, Dallas, TX 75202–
2733. The telephone number is (214)
665–2115. Ms. Wiley can also be
reached via electronic mail at
wiley.adina@epa.gov.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements.
Dated: October 28, 2013.
Ron Curry,
Regional Administrator, Region 6.
E:\FR\FM\06NOR1.SGM
06NOR1
]]>Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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
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\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
