Civil Monetary Penalty Inflation Adjustment Rule, 43091-43096 [2016-15411]
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Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations
FURTHER INFORMATION CONTACT
section
above.
E. Unfunded Mandates Reform Act
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting less than 2 hours that will
prohibit entry 300 feet from the left
descending bank into the Ohio River
from mile 42.5 to mile 43.0. It is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
G. Protest Activities
asabaliauskas on DSK3SPTVN1PROD with RULES
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Security measures,
Waterways.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 165
continues to read as follows:
40 CFR Part 19
■
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0335 to read as
follows:
■
§ 165.T08–0335 Safety Zone; Ohio River
Mile 42.5 to Mile 43.0, Chester, WV.
(a) Location. The following area is a
safety zone: All waters extending 300
feet from the left descending bank into
the Ohio River from mile 42.5 to mile
43.0.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Pittsburgh (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in § 165.23, you
may not enter the safety zone described
in paragraph (a) of this section unless
authorized by the COTP or the COTP’s
designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative at 412–221–0807. Those
in the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(d) Enforcement period. This section
will be enforced from 9:30 p.m. to 11:00
p.m. on July 4, 2016.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public through
broadcast notices to mariners of the
enforcement period for the safety zone
as well as any changes in the dates and
times of enforcement.
L. Mcclain, Jr.,
Commander, U.S. Coast Guard, Captain of
the Port Pittsburgh.
[FR Doc. 2016–15689 Filed 6–30–16; 8:45 am]
BILLING CODE 9110–04–P
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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[FRL–9948–48–OECA]
RIN 2020–AA51
Civil Monetary Penalty Inflation
Adjustment Rule
Environmental Protection
Agency (EPA).
ACTION: Interim final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is promulgating this
interim final rule to adjust the level of
statutory civil monetary penalty
amounts for the statutes that the agency
administers. This action is mandated by
the Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended
through 2015 (‘‘the 2015 Act’’), which
prescribes a formula for adjusting
statutory 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 in 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 interim final rule is
effective on August 1, 2016.
FOR FURTHER INFORMATION CONTACT:
Susan O’Keefe, Office of Civil
Enforcement, Office of Enforcement and
Compliance Assurance, Environmental
Protection Agency, 1200 Pennsylvania
Avenue NW., Washington, DC 20460,
telephone number: (202) 564–4021;
okeefe.susan@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
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
Continued
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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). Over
time, the DCIA formula caused statutory
civil penalties to lose value relative to
total inflation.
The 2015 Act requires agencies to: (1)
Adjust the level of statutory civil
penalties with an initial ‘‘catch-up’’
adjustment through an interim final
rulemaking; and (2) beginning January
15, 2017, make subsequent annual
adjustments for inflation. This rule
implements the statutorily mandated
initial catch-up adjustments. The
purpose of the 2015 Act 2 is to provide
a mechanism to address these issues by
translating originally enacted statutory
civil penalty amounts to today’s dollars
and rounding statutory civil penalties to
the nearest dollar. Once Federal
agencies issue the 2016 one-time catchup rule, each statutory civil penalty
amount will be adjusted every year to
reflect the inflation that has thereafter
accrued.
Pursuant to section 5(b)(2)(A) of the
2015 Act, this initial catch-up ‘‘cost-ofliving adjustment’’ is, for each statutory
civil penalty, the percentage by which
the Consumer Price Index for all Urban
Consumers (CPI–U) for the month of
October 2015 exceeds the CPI–U for the
month of October of the year during
which the amount of that civil penalty
was established (i.e., originally enacted)
or last adjusted by statute or regulation
(other than pursuant to the Federal Civil
Penalties Inflation Adjustment Act).
However, section 5(b)(2)(C) of the 2015
Act provides that the maximum amount
of any initial catch-up increase shall not
exceed 150 percent of the level that was
in effect on November 2, 2015. Table 2
or enforced pursuant to an administrative
proceeding or a civil action in the Federal courts.’’
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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to 40 CFR 19.4 presents the results of
these calculations and adjustments,
identifying: (1) The maximum or
minimum 3 penalty level established
when each statutory section was
originally enacted or last adjusted by
Congress; 4 and (2) the statutory
maximum or minimum civil penalty
level, adjusted for inflation under the
2015 Act, that applies to statutory civil
penalties assessed on or after August 1,
2016 for violations that occurred after
November 2, 2015, the date the 2015 Act
was enacted.
The formula 5 for determining the
cost-of-living or inflation adjustment to
statutory civil penalties consists of the
following five-step process:
Step 1: Identify the latest year that the
penalty level or range was established
(i.e., originally enacted) or last adjusted
by statute or regulation (other than
pursuant to the Federal Civil Penalties
Inflation Adjustment Act).
Step 2: Calculate the cost-of-living
adjustment, which is the percentage for
that statutory civil penalty by which the
CPI–U for the month of October 2015
exceeds the CPI–U for the month of
October of the year identified in Step 1
(hereafter referred to the ‘‘cost-of-living
multiplier.’’) 6
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 civil 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 person
in calendar year 1992 . . . ’’; and Section 325(d)(1)
of the Emergency Planning and Community Rightto-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 Section 5(b)(2)(B) provides that the cost-ofliving-adjustment ‘‘shall be applied to the amount
of the civil monetary penalty as it was most recently
established or adjusted under a provision of law
other than under this Act.’’ Because EPA has not
adjusted any of the statutory civil penalty levels
identified at 40 CFR 19.4 for inflation outside of the
inflation adjustments made pursuant to the DCIA,
the initial cost-of-living adjustment is calculated
based on the statutory civil penalty amount as
originally enacted or last adjusted by Congress.
5 Office of Management and Budget
Memorandum, Implementation of the Federal Civil
Penalties Inflation Adjustment Act Improvement
Act of 2015 (OMB Memorandum M–16–06) at p. 8,
Appendix (February 24, 2016).
6 See OMB Memorandum M–16–06 at p. 6 for a
list of the applicable cost-of-living multipliers by
year.
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Step 3: Multiply the statutory civil
penalty level derived from Step 1 by the
cost-of-living multiplier calculated in
Step 2 and round to the nearest dollar.
Step 4: To calculate the 150 percent
increase limitation, identify the
statutory civil penalty amount in effect
on November 2, 2015 7 and multiply by
2.5.8
Step 5: Compare the statutory civil
penalty amounts in Step 3 and Step 4,
and take the lesser of the two amounts.
The lesser amount is the statutory
maximum (or minimum) civil penalty
that can be assessed on or after August
1, 2016, for violations that occur after
November 2, 2015. Under this rule,
these amounts are listed in Table 2 of
40 CFR 19.4.
For example, with this rule, the new
statutory maximum total penalty that
may be assessed in an administrative
penalty enforcement action 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), is
increasing from $320,000 to $356,312.9
Both of these statutory maximum
penalty amounts were established or
last adjusted by Congress in 1990,
meaning that the applicable cost-ofliving multiplier is 1.78156. Multiplying
the originally enacted statutory penalty
level of $200,000 by the cost-of-living
multiplier of 1.78156 yields a statutory
civil penalty level of $356,312 (see
Column D). To determine the 150
percent statutory cap, multiply the
inflation adjusted statutory civil
maximum penalty level of $320,000, in
effect as of November 2, 2015, by 2.5,
which equals $800,000 (see Column F).
The new statutory civil penalty level is
the lesser of the Columns D and F,
resulting in an upward adjustment for
inflation of $36,312 (see Column H) and
the new statutory civil penalty level of
$356,312 (see Column G).
7 78
FR 66643 (November 6, 2013).
calculate the 150 percent increase limitation,
multiply the inflation adjusted statutory civil
penalty amounts in effect on November 2, 2015 by
2.5 or 250 percent.
9 Note that CAA section 113(d)(1) and section
205(c)(1) authorize the imposition of a higher
statutory maximum civil penalty in an
administrative enforcement action if the EPA
Administrator and the Attorney General jointly
decide that a higher statutory maximum civil
penalty is appropriate in a particular matter.
8 To
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Multiplier
Original
statutory
civil penalty
level ×
multipier
Statutory
civil penalty
level as of
November
2, 2015
Statutory
civil penalty
level (as of
November
2, 2015) ×
2.5
New statutory civil
penalty
level: The
lesser of (D)
and (F)
Difference
in penalty
levels
between
(G) and (E)
B
C
D
E
F
G
H
CLEAN AIR ACT (CAA), 42
U.S.C. 7413(d)(1),
7524(c)(1) ...........................
$200,000
1.78156
$356,312
$320,000
$800,000
$356,312
$36,312
Year
enacted
Original
statutory
civil
penalty level
A
Citation
1990
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The 2015 Act allows agencies to limit
the catch-up adjustment to less than the
otherwise required amount only under
narrowly defined circumstances. To do
so, EPA must determine, and the
Director of the Office of Management
and Budget (OMB) must concur, that
‘‘increasing the civil monetary penalty
by the otherwise required amount will
have a negative economic impact; or the
social costs of increasing the civil
monetary penalty by the otherwise
required amount outweigh the
benefits.’’10 In its February 24, 2016
guidance to Federal agencies on the
implementation of the 2015 Act, OMB
made clear that it expects reductions
from the statutorily prescribed catch-up
adjustment levels ‘‘to be rare.’’11 This
rare exception does not apply to the
civil penalty provisions covered by this
rule.
With this rule, the new statutory
maximum (or minimum) penalty levels
listed in Table 2 to 40 CFR 19.4 will
apply to all statutory civil penalties
assessed on or after August 1, 2016, for
violations that occurred after November
2, 2015, when the 2015 Act was
enacted. The statutory civil penalty
levels, as codified at Table 1 to 40 CFR
19.4, will continue to apply to (1)
violations that occurred on or before
November 2, 2015, and (2) violations
that occurred after November 2, 2015,
where the penalty assessment was made
prior to August 1, 2016.
II. The 2015 Act Requires Federal
Agencies To Issue These Adjustments
by Interim Final Rule
Section 4 of the 2015 Act directs
Federal agencies to publish the initial
catch-up adjustment through an interim
final rule no later than July 1, 2016,
which must be effective no later than
August 1, 2016. Because the 2015 Act
prescribes the formula that Federal
agencies must follow to calculate the
mandated inflation adjustments, the law
does not provide Federal agencies any
discretion to vary the amount of the
statutory civil penalty changes to reflect
4(c)(1) of the 2015 Act.
OMB Memorandum M–16–06 at p.3.
any views or suggestions provided by
commenters. Accordingly, pursuant to
the 2015 Act and 5 U.S.C. 553(b)(3)(B),
EPA finds that there is good cause to
promulgate this rule without providing
for public comment. It would be
impracticable and unnecessary to delay
publication of this rule pending
opportunity for notice and comment
because the 2015 Act does not allow
agencies to alter the rule based on
public comment.
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 formuladriven pursuant to the 2015 Act, EPA
has no policy discretion to vary the
amount of the adjustment.
III. Statutory and Executive Order
Reviews
This action does not have federalism
implications. It will not have a
substantial direct effect on the states, or
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
Under Executive Order 12866, OMB
determined this interim final rule to be
a ‘‘non-significant’’ regulatory action
and, therefore, it did not undergo
interagency review.12
B. 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
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 (RFA)
This action is not subject to the RFA.
The RFA applies only to rules subject to
notice and comment rulemaking
requirements under the Administrative
Procedure Act (APA), 5 U.S.C. 553, or
any other statute. This rule is not
subject to notice and comment
requirements because the 2015 Act does
not allow agencies to alter the rule
based on public comment.
D. 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
10 Section
11 See
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12 See
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E. Executive Order 13132: Federalism
F. 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.
G. 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
EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
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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.
H. 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.
I. National Technology Transfer and
Advancement Act
The rule does not involve technical
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.
The primary purpose of this rule is to
reconcile 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. 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
2015 Act in determining the statutory
civil penalty level, EPA cannot vary the
amount of the statutory civil penalty
adjustment to address other issues,
including environmental justice issues.
K. 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 finds that notice and
comment rulemaking procedures are
impracticable, unnecessary or contrary
to the public interest (5 U.S.C. 808(2)).
This rule is not subject to notice and
comment requirements because the
2015 Act does not allow agencies to
alter the rule based on public comment.
List of Subjects in 40 CFR Part 19
Environmental protection,
Administrative practice and procedure,
Penalties.
Dated: June 23, 2016.
Gina McCarthy,
Administrator.
PART 19—ADJUSTMENT OF CIVIL
MONETARY PENALTIES FOR
INFLATION
1. The authority citation for part 19 is
revised 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.
2. Revise § 19.2 to read as follows:
§ 19.2
3. Amend § 19.4 by:
a. Revising the section heading and
the introductory text;
■ b. In Table 1, amending the last
column heading by removing the text
‘‘Penalties effective after December 6,
2013’’; and adding ‘‘Statutory civil
penalties for violations that occurred
after December 6, 2013 through
November 2, 2015, or are assessed
before August 1, 2016’’ in its place; and
■ c. Adding a new Table 2.
The revisions and addition read as
follows:
■
■
§ 19.4 Statutory civil penalties, as adjusted
for inflation, and tables.
For the reasons set out in the
preamble, title 40, chapter I, part 19 of
the Code of Federal Regulations is
amended as follows:
■
violations which occurred after
December 6, 2013 through November 2,
2015, and to violations occurring after
November 2, 2015, where penalties are
assessed before August 1, 2016. The
statutory civil penalty levels set forth in
the last column of Table 2 to § 19.4
apply to all violations which occur after
November 2, 2015, where the penalties
are assessed on or after August 1, 2016.
Effective date.
The penalty levels in the last column
of Table 1 to § 19.4 apply to all
Table 1 to § 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 occurring on or before
November 2, 2015, and for violations
occurring after November 2, 2015,
where penalties are assessed before
August 1, 2016. Table 2 sets out the
statutory civil penalty provisions of
statutes administered by EPA, with the
original statutory civil penalty levels, as
enacted, with the last column
displaying the operative statutory civil
penalty levels where penalties are
assessed on or after August 1, 2016, for
violations that occurred after November
2,2015.
*
*
*
*
*
TABLE 2 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS
Statutory civil penalties,
as enacted
Environmental statute
7 U.S.C. 136l.(a)(1) ......................................
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U.S. Code citation
FEDERAL INSECTICIDE, FUNGICIDE,
AND RODENTICIDE ACT (FIFRA).
FIFRA ...........................................................
7 U.S.C. 136l.(a)(2) 1 ....................................
Statutory civil penalties
for violations that
occurred after
November 2, 2015 and
assessed on or after August 1, 2016
$5,000
$18,750
1,000/500/1,000
2,750/1,772/2,750
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).
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43095
TABLE 2 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS
Statutory civil penalties,
as enacted
U.S. Code citation
Environmental statute
15 U.S.C. 2615(a)(1) ....................................
TOXIC SUBSTANCES CONTROL ACT
(TSCA).
TSCA ............................................................
TSCA ............................................................
PROGRAM FRAUD CIVIL REMEDIES ACT
(PFCRA).
PFCRA .........................................................
CLEAN WATER ACT (CWA) .......................
CWA .............................................................
CWA .............................................................
CWA .............................................................
CWA .............................................................
CWA .............................................................
CWA .............................................................
CWA .............................................................
CWA .............................................................
MARINE PROTECTION, RESEARCH, AND
SANCTUARIES ACT (MPRSA).
MPRSA .........................................................
CERTAIN ALASKAN CRUISE SHIP OPERATIONS (CACSO).
CACSO .........................................................
CACSO .........................................................
ACT TO PREVENT POLLUTION FROM
SHIPS (APPS).
APPS ............................................................
SAFE DRINKING WATER ACT (SDWA) ....
SDWA ...........................................................
SDWA ...........................................................
SDWA ...........................................................
SDWA ...........................................................
SDWA ...........................................................
SDWA ...........................................................
SDWA ...........................................................
SDWA ...........................................................
SDWA ...........................................................
SDWA ...........................................................
SDWA ...........................................................
SDWA ...........................................................
SDWA ...........................................................
RESIDENTIAL
LEAD—BASED
PAINT
HAZARD REDUCTION ACT OF 1992.
NOISE CONTROL ACT OF 1972 ................
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA).
RCRA ...........................................................
RCRA ...........................................................
RCRA ...........................................................
RCRA ...........................................................
RCRA ...........................................................
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-TO-KNOW ACT (EPCRA).
15 U.S.C. 2647(a) .........................................
15 U.S.C. 2647(g) .........................................
31 U.S.C. 3802(a)(1) ....................................
31
33
33
33
33
33
33
33
33
33
33
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.
U.S.C.
3802(a)(2) ....................................
1319(d) .........................................
1319(g)(2)(A) ...............................
1319(g)(2)(B) ...............................
1321(b)(6)(B)(i) ............................
1321(b)(6)(B)(ii) ...........................
1321(b)(7)(A) ...............................
1321(b)(7)(B) ...............................
1321(b)(7)(C) ...............................
1321(b)(7)(D) ...............................
1414b(d)(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)) .........
33 U.S.C. 1908(b)(1) ....................................
33
42
42
42
42
42
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.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
1908(b)(2) ....................................
300g–3(b) .....................................
300g–3(g)(3)(A) ...........................
300g–3(g)(3)(B) ...........................
300g–3(g)(3)(C) ...........................
300h–2(b)(1) ................................
300h–2(c)(1) ................................
300h–2(c)(2) ................................
300h–3(c) .....................................
300i(b) ..........................................
300i–1(c) ......................................
300j(e)(2) .....................................
300j–4(c) ......................................
300j–6(b)(2) .................................
300j–23(d) ....................................
4852d(b)(5) ..................................
asabaliauskas on DSK3SPTVN1PROD with RULES
42 U.S.C. 4910(a)(2) ....................................
42 U.S.C. 6928(a)(3) ....................................
42
42
42
42
42
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.
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) .........................................
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) .......................................
VerDate Sep<11>2014
16:44 Jun 30, 2016
Jkt 238001
PO 00000
Frm 00113
Fmt 4700
Sfmt 4700
Statutory civil penalties
for violations that
occurred after
November 2, 2015 and
assessed on or after August 1, 2016
25,000
37,500
5,000
5,000
5,000
10,781
8,908
10,781
5,000
25,000
10,000/25,000
10,000/125,000
10,000/25,000
10,000/125,000
25,000/1,000
25,000
25,000
100,000/3,000
600
10,781
51,570
20,628/51,570
20,628/257,848
17,816/44,539
17,816/222,695
44,539/1,782
44,539
44,539
178,156/5,345
1,187
50,000/125,000
10,000/25,000
187,500/247,336
13,669/34,172
10,000/125,000
25,000
25,000
13,669/170,861
34,172
70,117
5,000
25,000
25,000
5,000/25,000
25,000
25,000
10,000/125,000
5,000/125,000
5,000/10,000
15,000
100,000/1,000,000
2,500
25,000
25,000
5,000/50,000
10,000
14,023
53,907
53,907
10,781/37,561
37,561
53,907
21,563/269,535
10,781/269,535
18,750/40,000
22,537
131,185/1,311,850
9,375
53,907
37,561
9,893/98,935
16,773
10,000
25,000
35,445
93,750
25,000
25,000
25,000
5,000
5,000
25,000
10,000
10,000
25,000
25,000/200,000
5,000
25,000/2,500
200,000
25,000
25,000
56,467
70,117
56,467
14,023
14,023
56,467
22,587
22,587
93,750
44,539/356,312
8,908
44,539/4,454
356,312
44,539
53,907
25,000
25,000
25,000/75,000
25,000/75,000
25,000
53,907
53,907
53,907/161,721
53,907/161,721
53,907
E:\FR\FM\01JYR1.SGM
01JYR1
43096
Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations
TABLE 2 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS
U.S. Code citation
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.
11045(b)(1)(A) .............................
11045(b)(2) ..................................
11045(b)(3) ..................................
11045(c)(1) ..................................
11045(c)(2) ..................................
11045(d)(1) ..................................
14304(a)(1) ..................................
42 U.S.C. 14304(g) .......................................
[FR Doc. 2016–15411 Filed 6–30–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[Docket No. EPA–R02–OAR–2016–0059;
FRL–9948–57–Region 2]
Approval of Air Quality Implementation
Plans; New Jersey, Carbon Monoxide
Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the New Jersey
Department of Environmental
Protection. This revision establishes an
updated ten-year carbon monoxide (CO)
limited maintenance plan for the New
Jersey portion of the New York-Northern
New Jersey-Long Island (NYNNJLI) CO
area which includes the following areas:
Hudson, Essex, Bergen, and Union
Counties, and the municipalities of
Clifton, Passaic and Paterson in Passaic
County. New Jersey qualifies for a
limited maintenance plan, rather than a
full maintenance plan, because
monitoring concentrations of CO are
less than 85% of the standard. In a
limited maintenance plan, future-year
projection inventories and
transportation conformity budgets are
not required. In addition, EPA is also
approving the 2007 Attainment/Base
Year CO emissions inventory and the
shutdown of 5 CO maintenance
monitors in New Jersey.
The New Jersey portion of the
NYNNJLI CO area was redesignated to
attainment of the CO National Ambient
Air Quality Standard (NAAQS) on
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:44 Jun 30, 2016
Statutory civil penalties,
as enacted
Environmental statute
Jkt 238001
Statutory civil penalties
for violations that
occurred after
November 2, 2015 and
assessed on or after August 1, 2016
25,000
25,000/75,000
25,000/75,000
25,000
10,000
25,000
10,000
53,907
53,907/161,721
53,907/161,721
53,907
21,563
53,907
15,025
10,000
15,025
EPCRA .........................................................
EPCRA .........................................................
EPCRA .........................................................
EPCRA .........................................................
EPCRA .........................................................
EPCRA .........................................................
MERCURY—CONTAINING
AND
RECHARGEABLE BATTERY MANAGEMENT ACT (BATTERY ACT).
BATTERY ACT .............................................
August 23, 2002 and a maintenance
plan was also approved at that time. By
this action, EPA is approving a second
limited maintenance plan for this area
because it provides for continued
attainment of the CO NAAQS for an
additional ten years. The intended effect
of this rulemaking is to approve a SIP
revision that will insure continued
maintenance of the CO NAAQS.
DATES: This final rule is effective on
August 1, 2016.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R02–OAR–2016–0059. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
I. What action is EPA taking?
FOR FURTHER INFORMATION CONTACT:
Section 118(e) of the transportation
conformity rule (40 CFR part 93) states
that a conformity determination cannot
be made using submitted motor vehicle
emission budgets (‘‘budgets’’) until EPA
makes a positive determination that the
submitted budgets are adequate. In
accordance with our rule, the limited
maintenance plan for the New Jersey
portion of the New York-Northern New
Jersey-Long Island (NYNNJLI) CO area
was posted for adequacy review on July
27, 2015 on EPA’s conformity Web site:
https://www.epa.gov/otaq/
stateresources/transconf/adequacy.htm.
As a general rule, however, limited
maintenance plans, such as the
maintenance plan for the NYNNJLI CO
area, do not include budgets. Instead,
for those areas that qualify under our
Henry Feingersh, Air Programs Branch,
Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New
York 10007–1866, telephone number
(212) 637–3382, or by email at
feingersh.henry@epa.gov.
SUPPLEMENTARY INFORMATION: The
supplementary Information section is
arranged as follows:
Table of Contents
I. What Action is EPA Taking?
II. What Comments did EPA Receive on its
Proposal and What are EPA’s Responses?
III. What is the Adequacy Status of the CO
Limited Maintenance Plan for the New
Jersey Portion of the New York-Northern
New Jersey-Long Island Area?
IV. What is EPA’s Final Action?
V. Statutory and Executive Order Reviews
PO 00000
Frm 00114
Fmt 4700
Sfmt 4700
EPA is approving New Jersey’s SIP
revision updating their existing ten-year
carbon monoxide (CO) maintenance
plan for the New Jersey portion of the
New York-Northern New Jersey-Long
Island (NYNNJLI) CO area, which
includes the following areas: Hudson,
Essex, Bergen, and Union Counties, and
the municipalities of Clifton, Passaic
and Paterson in Passaic County, with
another ten-year plan. The reader is
referred to the March 25, 2016 (81 FR
16102) proposal for details on this
rulemaking.
II. What comments did EPA receive on
its proposal and what are EPA’s
responses?
EPA did not receive any comments on
our proposed approval of the updated
CO limited maintenance plan. EPA is
approving the New Jersey SIP revision
request.
III. What is the adequacy status of the
CO limited maintenance plan for the
New Jersey portion of the New YorkNorthern New Jersey-Long Island area?
E:\FR\FM\01JYR1.SGM
01JYR1
]]>Agencies
[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Rules and Regulations]
[Pages 43091-43096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15411]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 19
[FRL-9948-48-OECA]
RIN 2020-AA51
Civil Monetary Penalty Inflation Adjustment Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is promulgating this
interim final rule to adjust the level of statutory civil monetary
penalty amounts for the statutes that the agency administers. This
action is mandated by the Federal Civil Penalties Inflation Adjustment
Act of 1990, as amended through 2015 (``the 2015 Act''), which
prescribes a formula for adjusting statutory 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 in 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 interim final rule is effective on August 1, 2016.
FOR FURTHER INFORMATION CONTACT: Susan O'Keefe, Office of Civil
Enforcement, Office of Enforcement and Compliance Assurance,
Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460, telephone number: (202) 564-4021;
okeefe.susan@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
[[Page 43092]]
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). Over time, the DCIA
formula caused statutory civil penalties to lose value relative to
total inflation.
---------------------------------------------------------------------------
\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.''
---------------------------------------------------------------------------
The 2015 Act requires agencies to: (1) Adjust the level of
statutory civil penalties with an initial ``catch-up'' adjustment
through an interim final rulemaking; and (2) beginning January 15,
2017, make subsequent annual adjustments for inflation. This rule
implements the statutorily mandated initial catch-up adjustments. The
purpose of the 2015 Act \2\ is to provide a mechanism to address these
issues by translating originally enacted statutory civil penalty
amounts to today's dollars and rounding statutory civil penalties to
the nearest dollar. Once Federal agencies issue the 2016 one-time
catch-up rule, each statutory civil penalty amount will be adjusted
every year to reflect the inflation that has thereafter accrued.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Pursuant to section 5(b)(2)(A) of the 2015 Act, this initial catch-
up ``cost-of-living adjustment'' is, for each statutory civil penalty,
the percentage by which the Consumer Price Index for all Urban
Consumers (CPI-U) for the month of October 2015 exceeds the CPI-U for
the month of October of the year during which the amount of that civil
penalty was established (i.e., originally enacted) or last adjusted by
statute or regulation (other than pursuant to the Federal Civil
Penalties Inflation Adjustment Act). However, section 5(b)(2)(C) of the
2015 Act provides that the maximum amount of any initial catch-up
increase shall not exceed 150 percent of the level that was in effect
on November 2, 2015. Table 2 to 40 CFR 19.4 presents the results of
these calculations and adjustments, identifying: (1) The maximum or
minimum \3\ penalty level established when each statutory section was
originally enacted or last adjusted by Congress; \4\ and (2) the
statutory maximum or minimum civil penalty level, adjusted for
inflation under the 2015 Act, that applies to statutory civil penalties
assessed on or after August 1, 2016 for violations that occurred after
November 2, 2015, the date the 2015 Act was enacted.
---------------------------------------------------------------------------
\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 civil
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 person 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\ Section 5(b)(2)(B) provides that the cost-of-living-
adjustment ``shall be applied to the amount of the civil monetary
penalty as it was most recently established or adjusted under a
provision of law other than under this Act.'' Because EPA has not
adjusted any of the statutory civil penalty levels identified at 40
CFR 19.4 for inflation outside of the inflation adjustments made
pursuant to the DCIA, the initial cost-of-living adjustment is
calculated based on the statutory civil penalty amount as originally
enacted or last adjusted by Congress.
---------------------------------------------------------------------------
The formula \5\ for determining the cost-of-living or inflation
adjustment to statutory civil penalties consists of the following five-
step process:
---------------------------------------------------------------------------
\5\ Office of Management and Budget Memorandum, Implementation
of the Federal Civil Penalties Inflation Adjustment Act Improvement
Act of 2015 (OMB Memorandum M-16-06) at p. 8, Appendix (February 24,
2016).
---------------------------------------------------------------------------
Step 1: Identify the latest year that the penalty level or range
was established (i.e., originally enacted) or last adjusted by statute
or regulation (other than pursuant to the Federal Civil Penalties
Inflation Adjustment Act).
Step 2: Calculate the cost-of-living adjustment, which is the
percentage for that statutory civil penalty by which the CPI-U for the
month of October 2015 exceeds the CPI-U for the month of October of the
year identified in Step 1 (hereafter referred to the ``cost-of-living
multiplier.'') \6\
---------------------------------------------------------------------------
\6\ See OMB Memorandum M-16-06 at p. 6 for a list of the
applicable cost-of-living multipliers by year.
---------------------------------------------------------------------------
Step 3: Multiply the statutory civil penalty level derived from
Step 1 by the cost-of-living multiplier calculated in Step 2 and round
to the nearest dollar.
Step 4: To calculate the 150 percent increase limitation, identify
the statutory civil penalty amount in effect on November 2, 2015 \7\
and multiply by 2.5.\8\
---------------------------------------------------------------------------
\7\ 78 FR 66643 (November 6, 2013).
\8\ To calculate the 150 percent increase limitation, multiply
the inflation adjusted statutory civil penalty amounts in effect on
November 2, 2015 by 2.5 or 250 percent.
---------------------------------------------------------------------------
Step 5: Compare the statutory civil penalty amounts in Step 3 and
Step 4, and take the lesser of the two amounts. The lesser amount is
the statutory maximum (or minimum) civil penalty that can be assessed
on or after August 1, 2016, for violations that occur after November 2,
2015. Under this rule, these amounts are listed in Table 2 of 40 CFR
19.4.
For example, with this rule, the new statutory maximum total
penalty that may be assessed in an administrative penalty enforcement
action 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), is
increasing from $320,000 to $356,312.\9\ Both of these statutory
maximum penalty amounts were established or last adjusted by Congress
in 1990, meaning that the applicable cost-of-living multiplier is
1.78156. Multiplying the originally enacted statutory penalty level of
$200,000 by the cost-of-living multiplier of 1.78156 yields a statutory
civil penalty level of $356,312 (see Column D). To determine the 150
percent statutory cap, multiply the inflation adjusted statutory civil
maximum penalty level of $320,000, in effect as of November 2, 2015, by
2.5, which equals $800,000 (see Column F). The new statutory civil
penalty level is the lesser of the Columns D and F, resulting in an
upward adjustment for inflation of $36,312 (see Column H) and the new
statutory civil penalty level of $356,312 (see Column G).
---------------------------------------------------------------------------
\9\ Note that CAA section 113(d)(1) and section 205(c)(1)
authorize the imposition of a higher statutory maximum civil penalty
in an administrative enforcement action if the EPA Administrator and
the Attorney General jointly decide that a higher statutory maximum
civil penalty is appropriate in a particular matter.
[[Page 43093]]
A B C D E F G H
--------------------------------------------------------------------------------------------------------------------------------------------------------
CLEAN AIR ACT (CAA), 42 U.S.C. 7413(d)(1), 1990 $200,000 1.78156 $356,312 $320,000 $800,000 $356,312 $36,312
7524(c)(1)................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
The 2015 Act allows agencies to limit the catch-up adjustment to
less than the otherwise required amount only under narrowly defined
circumstances. To do so, EPA must determine, and the Director of the
Office of Management and Budget (OMB) must concur, that ``increasing
the civil monetary penalty by the otherwise required amount will have a
negative economic impact; or the social costs of increasing the civil
monetary penalty by the otherwise required amount outweigh the
benefits.''\10\ In its February 24, 2016 guidance to Federal agencies
on the implementation of the 2015 Act, OMB made clear that it expects
reductions from the statutorily prescribed catch-up adjustment levels
``to be rare.''\11\ This rare exception does not apply to the civil
penalty provisions covered by this rule.
---------------------------------------------------------------------------
\10\ Section 4(c)(1) of the 2015 Act.
\11\ See OMB Memorandum M-16-06 at p.3.
---------------------------------------------------------------------------
With this rule, the new statutory maximum (or minimum) penalty
levels listed in Table 2 to 40 CFR 19.4 will apply to all statutory
civil penalties assessed on or after August 1, 2016, for violations
that occurred after November 2, 2015, when the 2015 Act was enacted.
The statutory civil penalty levels, as codified at Table 1 to 40 CFR
19.4, will continue to apply to (1) violations that occurred on or
before November 2, 2015, and (2) violations that occurred after
November 2, 2015, where the penalty assessment was made prior to August
1, 2016.
II. The 2015 Act Requires Federal Agencies To Issue These Adjustments
by Interim Final Rule
Section 4 of the 2015 Act directs Federal agencies to publish the
initial catch-up adjustment through an interim final rule no later than
July 1, 2016, which must be effective no later than August 1, 2016.
Because the 2015 Act prescribes the formula that Federal agencies must
follow to calculate the mandated inflation adjustments, the law does
not provide Federal agencies any discretion to vary the amount of the
statutory civil penalty changes to reflect any views or suggestions
provided by commenters. Accordingly, pursuant to the 2015 Act and 5
U.S.C. 553(b)(3)(B), EPA finds that there is good cause to promulgate
this rule without providing for public comment. It would be
impracticable and unnecessary to delay publication of this rule pending
opportunity for notice and comment because the 2015 Act does not allow
agencies to alter the rule based on public comment.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
Under Executive Order 12866, OMB determined this interim final rule
to be a ``non-significant'' regulatory action and, therefore, it did
not undergo interagency review.\12\
---------------------------------------------------------------------------
\12\ See OMB Memorandum M-16-06 at pp. 3-4.
---------------------------------------------------------------------------
B. 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 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 (RFA)
This action is not subject to the RFA. The RFA applies only to
rules subject to notice and comment rulemaking requirements under the
Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute.
This rule is not subject to notice and comment requirements because the
2015 Act does not allow agencies to alter the rule based on public
comment.
D. 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.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
a substantial direct effect on the states, or on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government.
F. 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.
G. 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 EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory
[[Page 43094]]
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.
H. 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.
I. National Technology Transfer and Advancement Act
The rule does not involve technical 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.
The primary purpose of this rule is to reconcile 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.
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 2015 Act in determining the statutory civil
penalty level, EPA cannot vary the amount of the statutory civil
penalty adjustment to address other issues, including environmental
justice issues.
K. 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 finds
that notice and comment rulemaking procedures are impracticable,
unnecessary or contrary to the public interest (5 U.S.C. 808(2)). This
rule is not subject to notice and comment requirements because the 2015
Act does not allow agencies to alter the rule based on public comment.
List of Subjects in 40 CFR Part 19
Environmental protection, Administrative practice and procedure,
Penalties.
Dated: June 23, 2016.
Gina McCarthy,
Administrator.
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 is revised 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 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 are assessed before August 1, 2016. The statutory civil
penalty levels set forth in the last column of Table 2 to Sec. 19.4
apply to all violations which occur after November 2, 2015, where the
penalties are assessed on or after August 1, 2016.
0
3. Amend Sec. 19.4 by:
0
a. Revising the section heading and the introductory text;
0
b. In Table 1, amending the last column heading by removing the text
``Penalties effective after December 6, 2013''; and adding ``Statutory
civil penalties for violations that occurred after December 6, 2013
through November 2, 2015, or are assessed before August 1, 2016'' in
its place; and
0
c. Adding a new Table 2.
The revisions and addition 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 occurring on
or before November 2, 2015, and for violations occurring after November
2, 2015, where penalties are assessed before August 1, 2016. Table 2
sets out the statutory civil penalty provisions of statutes
administered by EPA, with the original statutory civil penalty levels,
as enacted, with the last column displaying the operative statutory
civil penalty levels where penalties are assessed on or after August 1,
2016, for violations that occurred after November 2, 2015.
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\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).
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* * * * *
Table 2 of Section 19.4--Civil Monetary Penalty Inflation Adjustments
----------------------------------------------------------------------------------------------------------------
Statutory civil
penalties for
violations that
U.S. Code citation Environmental statute Statutory civil occurred after
penalties, as enacted November 2, 2015 and
assessed on or after
August 1, 2016
----------------------------------------------------------------------------------------------------------------
7 U.S.C. 136l.(a)(1).............. FEDERAL INSECTICIDE, $5,000 $18,750
FUNGICIDE, AND
RODENTICIDE ACT (FIFRA).
7 U.S.C. 136l.(a)(2) \1\.......... FIFRA..................... 1,000/500/1,000 2,750/1,772/2,750
[[Page 43095]]
15 U.S.C. 2615(a)(1).............. TOXIC SUBSTANCES CONTROL 25,000 37,500
ACT (TSCA).
15 U.S.C. 2647(a)................. TSCA...................... 5,000 10,781
15 U.S.C. 2647(g)................. TSCA...................... 5,000 8,908
31 U.S.C. 3802(a)(1).............. PROGRAM FRAUD CIVIL 5,000 10,781
REMEDIES ACT (PFCRA).
31 U.S.C. 3802(a)(2).............. PFCRA..................... 5,000 10,781
33 U.S.C. 1319(d)................. CLEAN WATER ACT (CWA)..... 25,000 51,570
33 U.S.C. 1319(g)(2)(A)........... CWA....................... 10,000/25,000 20,628/51,570
33 U.S.C. 1319(g)(2)(B)........... CWA....................... 10,000/125,000 20,628/257,848
33 U.S.C. 1321(b)(6)(B)(i)........ CWA....................... 10,000/25,000 17,816/44,539
33 U.S.C. 1321(b)(6)(B)(ii)....... CWA....................... 10,000/125,000 17,816/222,695
33 U.S.C. 1321(b)(7)(A)........... CWA....................... 25,000/1,000 44,539/1,782
33 U.S.C. 1321(b)(7)(B)........... CWA....................... 25,000 44,539
33 U.S.C. 1321(b)(7)(C)........... CWA....................... 25,000 44,539
33 U.S.C. 1321(b)(7)(D)........... CWA....................... 100,000/3,000 178,156/5,345
33 U.S.C. 1414b(d)(1)............. MARINE PROTECTION, 600 1,187
RESEARCH, AND SANCTUARIES
ACT (MPRSA).
33 U.S.C. 1415(a)................. MPRSA..................... 50,000/125,000 187,500/247,336
33 U.S.C. 1901 note (see CERTAIN ALASKAN CRUISE 10,000/25,000 13,669/34,172
1409(a)(2)(A)). SHIP OPERATIONS (CACSO).
33 U.S.C. 1901 note (see CACSO..................... 10,000/125,000 13,669/170,861
1409(a)(2)(B)).
33 U.S.C. 1901 note (see CACSO..................... 25,000 34,172
1409(b)(1)).
33 U.S.C. 1908(b)(1).............. ACT TO PREVENT POLLUTION 25,000 70,117
FROM SHIPS (APPS).
33 U.S.C. 1908(b)(2).............. APPS...................... 5,000 14,023
42 U.S.C. 300g-3(b)............... SAFE DRINKING WATER ACT 25,000 53,907
(SDWA).
42 U.S.C. 300g-3(g)(3)(A)......... SDWA...................... 25,000 53,907
42 U.S.C. 300g-3(g)(3)(B)......... SDWA...................... 5,000/25,000 10,781/37,561
42 U.S.C. 300g-3(g)(3)(C)......... SDWA...................... 25,000 37,561
42 U.S.C. 300h-2(b)(1)............ SDWA...................... 25,000 53,907
42 U.S.C. 300h-2(c)(1)............ SDWA...................... 10,000/125,000 21,563/269,535
42 U.S.C. 300h-2(c)(2)............ SDWA...................... 5,000/125,000 10,781/269,535
42 U.S.C. 300h-3(c)............... SDWA...................... 5,000/10,000 18,750/40,000
42 U.S.C. 300i(b)................. SDWA...................... 15,000 22,537
42 U.S.C. 300i-1(c)............... SDWA...................... 100,000/1,000,000 131,185/1,311,850
42 U.S.C. 300j(e)(2).............. SDWA...................... 2,500 9,375
42 U.S.C. 300j-4(c)............... SDWA...................... 25,000 53,907
42 U.S.C. 300j-6(b)(2)............ SDWA...................... 25,000 37,561
42 U.S.C. 300j-23(d).............. SDWA...................... 5,000/50,000 9,893/98,935
42 U.S.C. 4852d(b)(5)............. RESIDENTIAL LEAD--BASED 10,000 16,773
PAINT HAZARD REDUCTION
ACT OF 1992.
42 U.S.C. 4910(a)(2).............. NOISE CONTROL ACT OF 1972. 10,000 35,445
42 U.S.C. 6928(a)(3).............. RESOURCE CONSERVATION AND 25,000 93,750
RECOVERY ACT (RCRA).
42 U.S.C. 6928(c)................. RCRA...................... 25,000 56,467
42 U.S.C. 6928(g)................. RCRA...................... 25,000 70,117
42 U.S.C. 6928(h)(2).............. RCRA...................... 25,000 56,467
42 U.S.C. 6934(e)................. RCRA...................... 5,000 14,023
42 U.S.C. 6973(b)................. RCRA...................... 5,000 14,023
42 U.S.C. 6991e(a)(3)............. RCRA...................... 25,000 56,467
42 U.S.C. 6991e(d)(1)............. RCRA...................... 10,000 22,587
42 U.S.C. 6991e(d)(2)............. RCRA...................... 10,000 22,587
42 U.S.C. 7413(b)................. CLEAN AIR ACT (CAA)....... 25,000 93,750
42 U.S.C. 7413(d)(1).............. CAA....................... 25,000/200,000 44,539/356,312
42 U.S.C. 7413(d)(3).............. CAA....................... 5,000 8,908
42 U.S.C. 7524(a)................. CAA....................... 25,000/2,500 44,539/4,454
42 U.S.C. 7524(c)(1).............. CAA....................... 200,000 356,312
42 U.S.C. 7545(d)(1).............. CAA....................... 25,000 44,539
42 U.S.C. 9604(e)(5)(B)........... COMPREHENSIVE 25,000 53,907
ENVIRONMENTAL RESPONSE,
COMPENSATION, AND
LIABILITY ACT (CERCLA).
42 U.S.C. 9606(b)(1).............. CERCLA.................... 25,000 53,907
42 U.S.C. 9609(a)(1).............. CERCLA.................... 25,000 53,907
42 U.S.C. 9609(b)................. CERCLA.................... 25,000/75,000 53,907/161,721
42 U.S.C. 9609(c)................. CERCLA.................... 25,000/75,000 53,907/161,721
42 U.S.C. 11045(a)................ EMERGENCY PLANNING AND 25,000 53,907
COMMUNITY RIGHT-TO-KNOW
ACT (EPCRA).
[[Page 43096]]
42 U.S.C. 11045(b)(1)(A).......... EPCRA..................... 25,000 53,907
42 U.S.C. 11045(b)(2)............. EPCRA..................... 25,000/75,000 53,907/161,721
42 U.S.C. 11045(b)(3)............. EPCRA..................... 25,000/75,000 53,907/161,721
42 U.S.C. 11045(c)(1)............. EPCRA..................... 25,000 53,907
42 U.S.C. 11045(c)(2)............. EPCRA..................... 10,000 21,563
42 U.S.C. 11045(d)(1)............. EPCRA..................... 25,000 53,907
42 U.S.C. 14304(a)(1)............. MERCURY--CONTAINING AND 10,000 15,025
RECHARGEABLE BATTERY
MANAGEMENT ACT (BATTERY
ACT).
42 U.S.C. 14304(g)................ BATTERY ACT............... 10,000 15,025
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[FR Doc. 2016-15411 Filed 6-30-16; 8:45 am]
BILLING CODE 6560-50-P
