Civil Monetary Penalty Inflation Adjustment Rule, 3633-3637 [2017-00160]
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Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations
accordance with this subpart. For the
purposes of this subpart, the terms—
(1) ‘‘Family’’ means all persons
related by blood, marriage, or adoption,
or any person living within the
household on a permanent basis; and
(2) ‘‘Barter’’ means the exchange of
handicrafts or fish or wildlife or their
parts taken for subsistence uses—
(i) For other fish or game or their
parts; or
(ii) For other food or for nonedible
items other than money if the exchange
is of a limited and noncommercial
nature; and
(3) ‘‘Customary trade’’ means the
exchange of handicrafts or furs for cash
to support personal or family needs; and
does not include trade which
constitutes a significant commercial
enterprise.
■ 4. Amend § 13.480 by:
■ a. Designating the undesignated
paragraph as paragraph (a).
■ b. Adding paragraph (b).
The addition reads as follows:
§ 13.480 Subsistence hunting and
trapping.
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(b)(1) The following types of bait may
be used to take bears for subsistence
uses:
(i) Parts of legally taken native fish or
wildlife that are not required to be
salvaged; or
(ii) Remains of native fish or wildlife
that died of natural causes.
(2) The use of any other type of bait
to take bears for subsistence uses is
prohibited except under the terms and
conditions of a permit issued under
paragraph (d) of § 13.1902.
■ 5. Add § 13.482 to read as follows:
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§ 13.482 Subsistence collection and use of
animal parts.
(a) Local rural residents may collect
animal parts (excluding parts of
threatened or endangered species) for
subsistence uses in park areas where
subsistence uses are authorized,
provided that:
(1) The resident’s primary permanent
residence is in an area or community
with a federally recognized customary
and traditional use determination for
the species in the game management
unit where the collecting occurs (50
CFR part 100); and
(2) The resident has written
authorization from the superintendent
issued under § 1.6 of this chapter that
identifies specific areas where this
activity is allowed.
(3)(i) If you are a NPS-qualified
subsistence user (recipient), you may
designate another NPS-qualified
subsistence user to collect animal parts
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on your behalf in accordance with this
section for the following purposes:
(A) Making handicrafts for personal
use, customary trade, or barter; or
(B) Making handicrafts for qualified
educational or cultural programs.
(ii) The designated collector must
obtain a permit from the
superintendent. The designated
collector may not charge the recipient
for his/her services or for the collected
items.
(4) The use of paid employees to
collect animal parts is prohibited. This
prohibition does not apply to qualified
educational or cultural programs that
collect animal parts to create
handicrafts, provided that the resulting
handicrafts are not exchanged through
barter or customary trade.
(b) The superintendent may establish
conditions, limits, and other restrictions
on collection activities. Areas open to
collections will be identified on a map
posted on the park Web site and
available at the park visitor center or
park headquarters. Violating a
condition, limit, or restriction is
prohibited.
■ 6. Amend § 13.485 by:
■ a. Revising paragraph (b);
■ b. Redesignating paragraph (c) as
paragraph (f); and
■ c. Adding paragraphs (c), (d), and (e).
The revision and additions read as
follows:
§ 13.485 Subsistence use of timber and
plant material.
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(b) The gathering by local rural
residents of fruits, berries, mushrooms,
and other plant materials for subsistence
uses, and the gathering of dead or
downed timber for firewood for
noncommercial subsistence uses, shall
be allowed without a permit in park
areas where subsistence uses are
allowed.
(c) The gathering by local rural
residents of plant materials to make
handicrafts for customary trade or barter
is authorized in park areas where
subsistence uses are allowed in
accordance with terms and conditions
established by the superintendent and
posted on the park Web site. The use of
paid employees to collect plant
materials is prohibited. This prohibition
does not apply to qualified educational
or cultural programs that collect plant
materials to create handicrafts, provided
that the resulting handicrafts are not
exchanged through barter or customary
trade.
(d)(1) If you are a NPS-qualified
subsistence (recipient), you may
designate another NPS-qualified
subsistence user to collect plants on
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3633
your behalf in accordance with this
section for the following purposes:
(i) Making handicrafts for personal
use, customary trade, or barter; or
(ii) Making handicrafts for qualified
educational or cultural programs.
(2) The designated collector must
obtain a permit from the
superintendent. The designated
collector may not charge the recipient
for his/her services or for the collected
items.
(e) The superintendent may establish
conditions, limits, and other restrictions
on gathering activities. Violating a
condition, limit, or restriction is
prohibited.
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■ 7. Amend § 13.1902 by adding
paragraph (d) to read as follows:
§ 13.1902
Subsistence.
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(d) Use of bait for taking bears. (1)
The superintendent may issue
individual, annual permits allowing the
use of human-produced food items as
bait for taking bears upon a finding that:
(i) Such use is compatible with the
purposes and values for which the area
was established (e.g. does not create a
user conflict); and
(ii) The permit applicant does not
have reasonable access to natural bait
that may be used under § 13.480(b)(1).
(2) Permits will identify specific
locations within the park area where the
bait station may be established and will
not include areas where the use of such
materials could create a user conflict.
Dated: December 29, 2016.
Michael Bean,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2016–32045 Filed 1–11–17; 8:45 am]
BILLING CODE 4312–52–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 19
[FRL–9958–06–OECA]
Civil Monetary Penalty Inflation
Adjustment Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is promulgating this final
rule to adjust the level of statutory civil
monetary penalty amounts under the
statutes EPA administers. This action is
mandated by the Federal Civil Penalties
Inflation Adjustment Act of 1990, as
SUMMARY:
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Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations
amended through the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (‘‘the 2015
Act’’). The 2015 Act prescribes a
formula for annually adjusting 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 final rule is effective on
January 15, 2017.
FOR FURTHER INFORMATION CONTACT:
David Smith-Watts, Office of Civil
Enforcement, Office of Enforcement and
Compliance Assurance, Mail Code
2241A, Environmental Protection
Agency, 1200 Pennsylvania Avenue
NW., Washington, DC 20460, telephone
number: (202) 564–4083; smithwatts.david@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
Since 1990, Federal agencies have
been required to issue regulations
adjusting for inflation the statutory civil
penalties 1 that can be imposed under
the laws administered by that agency.
The Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of
1996 (DCIA), required agencies to
review their statutory civil penalties
every 4 years, and to adjust the statutory
civil penalty amounts for inflation if the
increase met the DCIA’s adjustment
methodology. In accordance with the
DCIA, EPA reviewed and, as
appropriate, adjusted the civil penalty
levels under each of the statutes the
agency implements in 1996 (61 FR
69360), 2004 (69 FR 7121), 2008 (73 FR
75340), and 2013 (78 FR 66643).
The 2015 Act 2 requires agencies to:
(1) Adjust the level of statutory civil
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.’’
2 The Federal Civil Penalties Inflation Adjustment
Act Improvements Act of 2015 (Section 701 of Pub.
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penalties with an initial ‘‘catch-up’’
adjustment through an interim final
rulemaking; and (2) beginning January
15, 2017, make subsequent annual
adjustments for inflation. The purpose
of the 2015 Act is to maintain the
deterrent effect of civil penalties by
translating originally enacted statutory
civil penalty amounts to today’s dollars
and rounding statutory civil penalties to
the nearest dollar.
As required by the 2015 Act, EPA
issued a catch up rule on July 1, 2016,
which was effective August 1, 2016 (81
FR 43091). This rule implements the
annual penalty inflation adjustments
mandated by the 2015 Act. Beginning in
2017, Section 4 of the 2015 Act requires
each federal agency to publish annual
adjustments to all civil penalties under
the laws implemented by that agency.
These annual adjustments are required
to be published by January 15 of each
year. The 2015 Act describes the
method for calculating the adjustments.
Each statutory maximum civil monetary
penalty is multiplied by the cost-ofliving adjustment, which is the
percentage by which the Consumer
Price Index for all Urban Consumers
(CPI–U) for the month of October 2016
exceeds the CPI–U for the month of
October 2015.
With this rule, the new statutory
maximum (or minimum 3) penalty levels
listed in Table 2 to 40 CFR 19.4 will
apply to all statutory civil penalties
assessed on or after January 15, 2017, 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.
The formula for determining the costof-living or inflation adjustment to
L. 114–74) was signed into law on Nov. 2, 2015, and
further amended the Federal Civil Penalties
Inflation Adjustment Act of 1990.
3 Under Section 3(2)(A) of the 2015 Act, ‘‘civil
monetary penalty’’ means ‘‘a specific monetary
amount as provided by Federal law’’; or ‘‘has a
maximum amount provided for by Federal law.’’
EPA-administered statutes generally refer to
statutory maximum penalties, with the following
exceptions: Section 311(b)(7)(D) of the Clean Water
Act, 33 U.S.C. 1321(b)(7)(D), refers to a minimum
penalty of ‘‘not less than $100,000 . . .’’; Section
104B(d)(1) of the Marine Protection, Research, and
Sanctuaries Act, 33 U.S.C. 1414b(d)(1), refers to an
exact penalty of $600 ‘‘[f]or each dry ton (or
equivalent) of sewage sludge or industrial waste
dumped or transported by the person in violation
of this subsection in calendar year 1992. . .’’; and
Section 325(d)(1) of the Emergency Planning and
Community Right-to-Know Act, 42 U.S.C.
11045(d)(1), refers to an exact civil penalty of
$25,000 for each frivolous trade secret claim.
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statutory civil penalties consists of the
following steps:
Step 1: The cost-of-living adjustment
multiplier for 2017, based on the CPI–
U of October 2016, is 1.01636.4 Multiply
1.01636 by the current penalty amount.
This is the raw adjusted penalty value.
Step 2: Round the raw adjusted
penalty value. Section 5 of the 2015 Act
states that any adjustment shall be
rounded to the nearest multiple of $1.
The result is the final penalty value for
the year.
II. The 2015 Act Requires Federal
Agencies To Publish Annual Penalty
Inflation Adjustments Notwithstanding
Section 553 of the Administrative
Procedures Act
Section 4 of the 2015 Act directs
federal agencies to publish annual
adjustments no later than January 15,
2017. In accordance with section 553 of
the Administrative Procedures Act
(APA), most rules are subject to notice
and comment and are effective no
earlier than 30 days after publication in
the Federal Register. However, Section
4(b)(2) of the 2015 Act provides that
each agency shall make the annual
inflation adjustments ‘‘notwithstanding
section 553’’ of the APA. According to
OMB guidance issued to Federal
agencies on the implementation of the
2017 annual adjustment,5 the phrase
‘‘notwithstanding section 553’’ means
that ‘‘the public procedure the APA
generally provides—notice, an
opportunity for comment, and a delay in
effective date—is not required for
agencies to issue regulations
implementing the annual adjustment.’’
Consistent with the language of the 2015
Act and OMB’s implementation
guidance, this rule is not subject to
notice and an opportunity for public
comment and will be effective
immediately upon publication.
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 final rule to be a ‘‘nonsignificant’’ regulatory action and,
therefore, it did not undergo interagency
review.6
4 Office of Management and Budget
Memorandum, Implementation of the 2017 annual
adjustment pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015
(OMB Memorandum M–17–11) at p. 1 (December
16, 2016).
5 See OMB Memorandum M–17–11 at p. 3.
6 See OMB Memorandum M–17–11 at p. 3.
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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 APA, 5 U.S.C.
553, or any other statute. Because the
2015 Act directs Federal agencies to
publish this rule notwithstanding
section 553 of the APA, this rule is not
subject to notice and comment
requirements or the RFA.
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 formuladriven pursuant to the 2015 Act, EPA
has no policy discretion to vary the
amount of the adjustment.
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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
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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
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
The EPA believes that this action is
not subject to Executive Order 12898 (59
FR 7629, February 16, 1994) because it
does not establish an environmental
health or safety standard. Rather, this
action is mandated by the 2015 Act,
which prescribes a formula for adjusting
statutory civil penalties on an annual
basis to reflect inflation.
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)).
The 2015 Act directs Federal agencies to
publish their annual penalty inflation
adjustments ‘‘notwithstanding section
553 [of the APA].’’ Because OMB has
instructed Federal agencies that this
provision means that ‘‘notice, an
opportunity for comment, and a delay in
the effective date’’ are not required for
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agencies to issue regulations
implementing the annual adjustment,7
EPA finds that the APA’s notice and
comment rulemaking procedures are
impracticable, unnecessary or contrary
to the public interest.
List of Subjects in 40 CFR Part 19
Environmental protection,
Administrative practice and procedure,
Penalties.
Dated: January 3, 2017.
Gina McCarthy,
Administrator.
For the reasons set out in the
preamble, EPA amends title 40, chapter
I, part 19 of the Code of Federal
Regulations as follows:
PART 19—ADJUSTMENT OF CIVIL
MONETARY PENALTIES FOR
INFLATION
1. The authority citation for part 19
continues to read as follows:
■
Authority: Pub. L. 101–410, Oct. 5, 1990,
104 Stat. 890, as amended by Pub. L. 104–
134, title III, sec. 31001(s)(1), Apr. 26, 1996,
110 Stat. 1321–373; Pub. L. 105–362, title
XIII, sec. 1301(a), Nov. 10, 1998, 112 Stat.
3293; Pub. L. 114–74, title VII, sec. 701(b),
Nov. 2, 2015, 129 Stat. 599.
■
2. Revise § 19.2 to read as follows:
§ 19.2
Effective date.
The penalty levels in the last column
of Table 1 to § 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 fourth 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
and before January 15, 2017. 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 January 15,
2017.
■ 3. Amend § 19.4 by revising the
introductory text and Table 2 to read as
follows:
§ 19.4 Statutory civil penalties, as adjusted
for inflation, and tables.
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
7 See
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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
third column displaying the original
statutory civil penalty levels, as enacted.
The fourth column of Table 2 displays
the operative statutory civil penalty
levels where penalties are assessed on
or after August 1, 2016 but before
January 15, 2017, for violations that
occurred after November 2, 2015; the
last column displays the operative
statutory civil penalty levels where
penalties are assessed on or after
January 15, 2017, for violations that
occurred after November 2, 2015.
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TABLE 2 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS
Statutory civil penalties, as enacted
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 ..............................................................
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 .......................................................
136l.(a)(2) 1
7 U.S.C.
15 U.S.C.
15 U.S.C.
15 U.S.C.
31 U.S.C.
.....................................
2615(a)(1) .....................................
2647(a) ..........................................
2647(g) ..........................................
3802(a)(1) .....................................
31
33
33
33
33
33
33
33
33
33
33
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) ...................................
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.
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
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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) ...................................
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42 U.S.C. 4910(a)(2) .....................................
42 U.S.C. 6928(a)(3) .....................................
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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 U.S.C. 9606(b)(1) .....................................
42 U.S.C. 9609(a)(1) .....................................
VerDate Sep<11>2014
17:27 Jan 11, 2017
Jkt 241001
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
Statutory civil penalties for violations
that occurred after
November 2, 2015
and assessed on or
after August 1, 2016
but before January
15, 2017
Statutory civil penalties for violations
that occurred after
November 2, 2015
and assessed on or
after January 15,
2017
$5,000
$18,750
$19,057
$1,000/$500/$1,000
$25,000
$5,000
$5,000
$5,000
$2,750/$1,772/$2,750
$37,500
$10,781
$8,908
$10,781
$2,795/$1,801/$2,795
$38,114
$10,957
$9,054
$10,957
$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
$10,957
$52,414
$20,965/$52,414
$20,965/$262,066
$18,107/$45,268
$18,107/$226,338
$45,268/$1,811
$45,268
$45,268
$181,071/$5,432
$1,206
$50,000/$125,000
$10,000/$25,000
$187,500/$247,336
$13,669/$34,172
$190,568/$251,382
$13,893/$34,731
$10,000/$125,000
$25,000
$25,000
$13,669/$170,861
$34,172
$70,117
$13,893/$173,656
$34,731
$71,264
$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
$14,252
$54,789
$54,789
$10,957/$38,175
$38,175
$54,789
$21,916/$273,945
$10,957/$273,945
$19,057/$40,654
$22,906
$133,331/$1,333,312
$9,528
$54,789
$38,175
$10,055/$100,554
$17,047
$10,000
$25,000
$35,445
$93,750
$36,025
$95,284
$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
$57,391
$71,264
$57,391
$14,252
$14,252
$57,391
$22,957
$22,957
$95,284
$45,268/$362,141
$9,054
$45,268/$4,527
$362,141
$45,268
$54,789
$25,000
$25,000
$53,907
$53,907
$54,789
$54,789
E:\FR\FM\12JAR1.SGM
12JAR1
Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Rules and Regulations
3637
TABLE 2 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS—Continued
Statutory civil penalties, as enacted
U.S. Code citation
Environmental statute
42 U.S.C. 9609(b) ..........................................
42 U.S.C. 9609(c) ..........................................
42 U.S.C. 11045(a) ........................................
CERCLA .......................................................
CERCLA .......................................................
Emergency Planning and Community RightTo-Know Act (EPCRA).
EPCRA ..........................................................
EPCRA ..........................................................
EPCRA ..........................................................
EPCRA ..........................................................
EPCRA ..........................................................
EPCRA ..........................................................
Mercury-Containing and Rechargeable Battery Management Act (Battery Act).
Battery Act ....................................................
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) ........................................
Statutory civil penalties for violations
that occurred after
November 2, 2015
and assessed on or
after August 1, 2016
but before January
15, 2017
Statutory civil penalties for violations
that occurred after
November 2, 2015
and assessed on or
after January 15,
2017
$25,000/$75,000
$25,000/$75,000
$25,000
$53,907/$161,721
$53,907/$161,721
$53,907
$54,789/$164,367
$54,789/$164,367
$54,789
$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
$54,789
$54,789/$164,367
$54,789/$164,367
$54,789
$21,916
$54,789
$15,271
$10,000
$15,025
$15,271
1 Note
that 7 U.S.C. 136l.(a)(2) contains three separate statutory maximum civil penalty provisions. The first mention of $1,000 and the $500 statutory maximum
civil penalty amount were originally enacted in 1978 (Pub. L. 95–396), and the second mention of $1,000 was enacted in 1972 (Pub. L. 92–516).
[FR Doc. 2017–00160 Filed 1–11–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2014–0431; FRL–9957–93–
Region 4]
Approval and Promulgation of
Implementation Plans; Alabama;
Infrastructure Requirements or the
2010 Sulfur Dioxide National Ambient
Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve in part and disapprove in part
portions of the April 23, 2013, State
Implementation Plan (SIP) submission,
submitted by the State of Alabama,
through the Alabama Department of
Environmental Management (ADEM),
for inclusion into the Alabama SIP. This
final action pertains to the infrastructure
requirements of the Clean Air Act (CAA
or Act) for the 2010 1-hour sulfur
dioxide (SO2) national ambient air
quality standard (NAAQS). The CAA
requires that each state adopt and
submit a SIP for the implementation,
maintenance and enforcement of each
NAAQS promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure SIP submission.’’ ADEM
certified that the Alabama SIP contains
provisions that ensure the 2010 1-hour
SO2 NAAQS is implemented, enforced,
and maintained in Alabama. EPA has
determined that portions of Alabama’s
mstockstill on DSK3G9T082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:27 Jan 11, 2017
Jkt 241001
infrastructure SIP submission, provided
to EPA on April 23, 2013, satisfy certain
required infrastructure elements for the
2010 1-hour SO2 NAAQS.
DATES: This rule will be effective
February 13, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2014–0431. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information 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 either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Michele Notarianni, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Ms.
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
Notarianni can be reached via electronic
mail at notarianni.michele@epa.gov or
via telephone at (404) 562–9031.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On June 2, 2010 (75 FR 35520, June
22, 2010), EPA revised the primary SO2
NAAQS to an hourly standard of 75
parts per billion (ppb) based on a 3-year
average of the annual 99th percentile of
1-hour daily maximum concentrations.
Pursuant to section 110(a)(1) of the
CAA, states are required to submit SIPs
meeting the applicable requirements of
section 110(a)(2) within three years after
promulgation of a new or revised
NAAQS or within such shorter period
as EPA may prescribe. Section 110(a)(2)
requires states to address basic SIP
elements such as requirements for
monitoring, basic program requirements
and legal authority that are designed to
assure attainment and maintenance of
the NAAQS. States were required to
submit such SIPs for the 2010 1-hour
SO2 NAAQS to EPA no later than June
2, 2013.
EPA is taking final action to approve
Alabama’s April 23, 2013, submission
that addresses the infrastructure
requirements of CAA sections 110(a)(1)
and 110(a)(2) for the 2010 1-hour SO2
NAAQS, with the exception of interstate
transport provisions pertaining to
visibility protection requirements of
section 110(a)(2)(D)(i)(II) (prong 4) and
the state board requirements of section
110(a)(2)(E)(ii). With respect to the
visibility protection requirements of
section 110(a)(2)(D)(i)(II) (prong 4), EPA
is not finalizing any action at this time
regarding this requirement. With respect
to Alabama’s infrastructure SIP
submission related to section
110(a)(2)(E)(ii) requirements respecting
E:\FR\FM\12JAR1.SGM
12JAR1
]]>Agencies
[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)]
[Rules and Regulations]
[Pages 3633-3637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00160]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 19
[FRL-9958-06-OECA]
Civil Monetary Penalty Inflation Adjustment Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is promulgating this
final rule to adjust the level of statutory civil monetary penalty
amounts under the statutes EPA administers. This action is mandated by
the Federal Civil Penalties Inflation Adjustment Act of 1990, as
[[Page 3634]]
amended through the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (``the 2015 Act''). The 2015 Act prescribes a
formula for annually adjusting 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 final rule is effective on January 15, 2017.
FOR FURTHER INFORMATION CONTACT: David Smith-Watts, Office of Civil
Enforcement, Office of Enforcement and Compliance Assurance, Mail Code
2241A, Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460, telephone number: (202) 564-4083; smith-watts.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Since 1990, Federal agencies have been required to issue
regulations adjusting for inflation the statutory civil penalties \1\
that can be imposed under the laws administered by that agency. The
Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of 1996 (DCIA), required agencies
to review their statutory civil penalties every 4 years, and to adjust
the statutory civil penalty amounts for inflation if the increase met
the DCIA's adjustment methodology. In accordance with the DCIA, EPA
reviewed and, as appropriate, adjusted the civil penalty levels under
each of the statutes the agency implements in 1996 (61 FR 69360), 2004
(69 FR 7121), 2008 (73 FR 75340), and 2013 (78 FR 66643).
---------------------------------------------------------------------------
\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 \2\ 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. The purpose of
the 2015 Act is to maintain the deterrent effect of civil penalties by
translating originally enacted statutory civil penalty amounts to
today's dollars and rounding statutory civil penalties to the nearest
dollar.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
As required by the 2015 Act, EPA issued a catch up rule on July 1,
2016, which was effective August 1, 2016 (81 FR 43091). This rule
implements the annual penalty inflation adjustments mandated by the
2015 Act. Beginning in 2017, Section 4 of the 2015 Act requires each
federal agency to publish annual adjustments to all civil penalties
under the laws implemented by that agency. These annual adjustments are
required to be published by January 15 of each year. The 2015 Act
describes the method for calculating the adjustments. Each statutory
maximum civil monetary penalty is multiplied by the cost-of-living
adjustment, which is the percentage by which the Consumer Price Index
for all Urban Consumers (CPI-U) for the month of October 2016 exceeds
the CPI-U for the month of October 2015.
With this rule, the new statutory maximum (or minimum \3\) penalty
levels listed in Table 2 to 40 CFR 19.4 will apply to all statutory
civil penalties assessed on or after January 15, 2017, 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.
---------------------------------------------------------------------------
\3\ Under Section 3(2)(A) of the 2015 Act, ``civil monetary
penalty'' means ``a specific monetary amount as provided by Federal
law''; or ``has a maximum amount provided for by Federal law.'' EPA-
administered statutes generally refer to statutory maximum
penalties, with the following exceptions: Section 311(b)(7)(D) of
the Clean Water Act, 33 U.S.C. 1321(b)(7)(D), refers to a minimum
penalty of ``not less than $100,000 . . .''; Section 104B(d)(1) of
the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C.
1414b(d)(1), refers to an exact penalty of $600 ``[f]or each dry ton
(or equivalent) of sewage sludge or industrial waste dumped or
transported by the person in violation of this subsection in
calendar year 1992. . .''; and Section 325(d)(1) of the Emergency
Planning and Community Right-to-Know Act, 42 U.S.C. 11045(d)(1),
refers to an exact civil penalty of $25,000 for each frivolous trade
secret claim.
---------------------------------------------------------------------------
The formula for determining the cost-of-living or inflation
adjustment to statutory civil penalties consists of the following
steps:
Step 1: The cost-of-living adjustment multiplier for 2017, based on
the CPI-U of October 2016, is 1.01636.\4\ Multiply 1.01636 by the
current penalty amount. This is the raw adjusted penalty value.
---------------------------------------------------------------------------
\4\ Office of Management and Budget Memorandum, Implementation
of the 2017 annual adjustment pursuant to the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (OMB
Memorandum M-17-11) at p. 1 (December 16, 2016).
---------------------------------------------------------------------------
Step 2: Round the raw adjusted penalty value. Section 5 of the 2015
Act states that any adjustment shall be rounded to the nearest multiple
of $1. The result is the final penalty value for the year.
II. The 2015 Act Requires Federal Agencies To Publish Annual Penalty
Inflation Adjustments Notwithstanding Section 553 of the Administrative
Procedures Act
Section 4 of the 2015 Act directs federal agencies to publish
annual adjustments no later than January 15, 2017. In accordance with
section 553 of the Administrative Procedures Act (APA), most rules are
subject to notice and comment and are effective no earlier than 30 days
after publication in the Federal Register. However, Section 4(b)(2) of
the 2015 Act provides that each agency shall make the annual inflation
adjustments ``notwithstanding section 553'' of the APA. According to
OMB guidance issued to Federal agencies on the implementation of the
2017 annual adjustment,\5\ the phrase ``notwithstanding section 553''
means that ``the public procedure the APA generally provides--notice,
an opportunity for comment, and a delay in effective date--is not
required for agencies to issue regulations implementing the annual
adjustment.'' Consistent with the language of the 2015 Act and OMB's
implementation guidance, this rule is not subject to notice and an
opportunity for public comment and will be effective immediately upon
publication.
---------------------------------------------------------------------------
\5\ See OMB Memorandum M-17-11 at p. 3.
---------------------------------------------------------------------------
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 final rule to be a
``non-significant'' regulatory action and, therefore, it did not
undergo interagency review.\6\
---------------------------------------------------------------------------
\6\ See OMB Memorandum M-17-11 at p. 3.
---------------------------------------------------------------------------
[[Page 3635]]
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
APA, 5 U.S.C. 553, or any other statute. Because the 2015 Act directs
Federal agencies to publish this rule notwithstanding section 553 of
the APA, this rule is not subject to notice and comment requirements or
the RFA.
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 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
The EPA believes that this action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994) because it does not establish an
environmental health or safety standard. Rather, this action is
mandated by the 2015 Act, which prescribes a formula for adjusting
statutory civil penalties on an annual basis to reflect inflation.
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)). The
2015 Act directs Federal agencies to publish their annual penalty
inflation adjustments ``notwithstanding section 553 [of the APA].''
Because OMB has instructed Federal agencies that this provision means
that ``notice, an opportunity for comment, and a delay in the effective
date'' are not required for agencies to issue regulations implementing
the annual adjustment,\7\ EPA finds that the APA's notice and comment
rulemaking procedures are impracticable, unnecessary or contrary to the
public interest.
---------------------------------------------------------------------------
\7\ See OMB Memorandum M-17-11 at p. 3.
---------------------------------------------------------------------------
List of Subjects in 40 CFR Part 19
Environmental protection, Administrative practice and procedure,
Penalties.
Dated: January 3, 2017.
Gina McCarthy,
Administrator.
For the reasons set out in the preamble, EPA amends title 40,
chapter I, part 19 of the Code of Federal Regulations as follows:
PART 19--ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION
0
1. The authority citation for part 19 continues to read as follows:
Authority: Pub. L. 101-410, Oct. 5, 1990, 104 Stat. 890, as
amended by Pub. L. 104-134, title III, sec. 31001(s)(1), Apr. 26,
1996, 110 Stat. 1321-373; Pub. L. 105-362, title XIII, sec. 1301(a),
Nov. 10, 1998, 112 Stat. 3293; Pub. L. 114-74, title VII, sec.
701(b), Nov. 2, 2015, 129 Stat. 599.
0
2. Revise Sec. 19.2 to read as follows:
Sec. 19.2 Effective date.
The 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 fourth 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 and before January
15, 2017. 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
January 15, 2017.
0
3. Amend Sec. 19.4 by revising the introductory text and Table 2 to
read as follows:
Sec. 19.4 Statutory civil penalties, as adjusted for inflation, and
tables.
Table 1 to Sec. 19.4 sets out the statutory civil penalty
provisions of statutes administered by EPA, with the original statutory
civil penalty levels, as enacted, and the operative statutory civil
penalty levels, as adjusted for inflation, for violations occurring on
or before
[[Page 3636]]
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 third column displaying the original statutory civil penalty
levels, as enacted. The fourth column of Table 2 displays the operative
statutory civil penalty levels where penalties are assessed on or after
August 1, 2016 but before January 15, 2017, for violations that
occurred after November 2, 2015; the last column displays the operative
statutory civil penalty levels where penalties are assessed on or after
January 15, 2017, for violations that occurred after November 2, 2015.
* * * * *
Table 2 of Section 19.4--Civil Monetary Penalty Inflation Adjustments
----------------------------------------------------------------------------------------------------------------
Statutory civil
penalties for Statutory civil
violations that penalties for
Statutory civil occurred after violations that
U.S. Code citation Environmental penalties, as November 2, 2015 and occurred after
statute enacted assessed on or after November 2, 2015 and
August 1, 2016 but assessed on or after
before January 15, January 15, 2017
2017
----------------------------------------------------------------------------------------------------------------
7 U.S.C. 136l.(a)(1)......... Federal $5,000 $18,750 $19,057
Insecticide,
Fungicide, and
Rodenticide
Act (FIFRA).
7 U.S.C. 136l.(a)(2) \1\..... FIFRA.......... $1,000/$500/$1,000 $2,750/$1,772/$2,750 $2,795/$1,801/$2,795
15 U.S.C. 2615(a)(1)......... Toxic $25,000 $37,500 $38,114
Substances
Control Act
(TSCA).
15 U.S.C. 2647(a)............ TSCA........... $5,000 $10,781 $10,957
15 U.S.C. 2647(g)............ TSCA........... $5,000 $8,908 $9,054
31 U.S.C. 3802(a)(1)......... Program Fraud $5,000 $10,781 $10,957
Civil Remedies
Act (PFCRA).
31 U.S.C. 3802(a)(2)......... PFCRA.......... $5,000 $10,781 $10,957
33 U.S.C. 1319(d)............ Clean Water Act $25,000 $51,570 $52,414
(CWA).
33 U.S.C. 1319(g)(2)(A)...... CWA............ $10,000/$25,000 $20,628/$51,570 $20,965/$52,414
33 U.S.C. 1319(g)(2)(B)...... CWA............ $10,000/$125,000 $20,628/$257,848 $20,965/$262,066
33 U.S.C. 1321(b)(6)(B)(i)... CWA............ $10,000/$25,000 $17,816/$44,539 $18,107/$45,268
33 U.S.C. 1321(b)(6)(B)(ii).. CWA............ $10,000/$125,000 $17,816/$222,695 $18,107/$226,338
33 U.S.C. 1321(b)(7)(A)...... CWA............ $25,000/$1,000 $44,539/$1,782 $45,268/$1,811
33 U.S.C. 1321(b)(7)(B)...... CWA............ $25,000 $44,539 $45,268
33 U.S.C. 1321(b)(7)(C)...... CWA............ $25,000 $44,539 $45,268
33 U.S.C. 1321(b)(7)(D)...... CWA............ $100,000/$3,000 $178,156/$5,345 $181,071/$5,432
33 U.S.C. 1414b(d)(1)........ Marine $600 $1,187 $1,206
Protection,
Research, and
Sanctuaries
Act (MPRSA).
33 U.S.C. 1415(a)............ MPRSA.......... $50,000/$125,000 $187,500/$247,336 $190,568/$251,382
33 U.S.C. 1901 note (see Certain Alaskan $10,000/$25,000 $13,669/$34,172 $13,893/$34,731
1409(a)(2)(A)). Cruise Ship
Operations
(CACSO).
33 U.S.C. 1901 note (see CACSO.......... $10,000/$125,000 $13,669/$170,861 $13,893/$173,656
1409(a)(2)(B)).
33 U.S.C. 1901 note (see CACSO.......... $25,000 $34,172 $34,731
1409(b)(1)).
33 U.S.C. 1908(b)(1)......... Act To Prevent $25,000 $70,117 $71,264
Pollution From
Ships (APPS).
33 U.S.C. 1908(b)(2)......... APPS........... $5,000 $14,023 $14,252
42 U.S.C. 300g-3(b).......... Safe Drinking $25,000 $53,907 $54,789
Water Act
(SDWA).
42 U.S.C. 300g-3(g)(3)(A).... SDWA........... $25,000 $53,907 $54,789
42 U.S.C. 300g-3(g)(3)(B).... SDWA........... $5,000/$25,000 $10,781/$37,561 $10,957/$38,175
42 U.S.C. 300g-3(g)(3)(C).... SDWA........... $25,000 $37,561 $38,175
42 U.S.C. 300h-2(b)(1)....... SDWA........... $25,000 $53,907 $54,789
42 U.S.C. 300h-2(c)(1)....... SDWA........... $10,000/$125,000 $21,563/$269,535 $21,916/$273,945
42 U.S.C. 300h-2(c)(2)....... SDWA........... $5,000/$125,000 $10,781/$269,535 $10,957/$273,945
42 U.S.C. 300h-3(c).......... SDWA........... $5,000/$10,000 $18,750/$40,000 $19,057/$40,654
42 U.S.C. 300i(b)............ SDWA........... $15,000 $22,537 $22,906
42 U.S.C. 300i-1(c).......... SDWA........... $100,000/$1,000,000 $131,185/$1,311,850 $133,331/$1,333,312
42 U.S.C. 300j(e)(2)......... SDWA........... $2,500 $9,375 $9,528
42 U.S.C. 300j-4(c).......... SDWA........... $25,000 $53,907 $54,789
42 U.S.C. 300j-6(b)(2)....... SDWA........... $25,000 $37,561 $38,175
42 U.S.C. 300j-23(d)......... SDWA........... $5,000/$50,000 $9,893/$98,935 $10,055/$100,554
42 U.S.C. 4852d(b)(5)........ Residential $10,000 $16,773 $17,047
Lead-Based
Paint Hazard
Reduction Act
of 1992.
42 U.S.C. 4910(a)(2)......... Noise Control $10,000 $35,445 $36,025
Act of 1972.
42 U.S.C. 6928(a)(3)......... Resource $25,000 $93,750 $95,284
Conservation
and Recovery
Act (RCRA).
42 U.S.C. 6928(c)............ RCRA........... $25,000 $56,467 $57,391
42 U.S.C. 6928(g)............ RCRA........... $25,000 $70,117 $71,264
42 U.S.C. 6928(h)(2)......... RCRA........... $25,000 $56,467 $57,391
42 U.S.C. 6934(e)............ RCRA........... $5,000 $14,023 $14,252
42 U.S.C. 6973(b)............ RCRA........... $5,000 $14,023 $14,252
42 U.S.C. 6991e(a)(3)........ RCRA........... $25,000 $56,467 $57,391
42 U.S.C. 6991e(d)(1)........ RCRA........... $10,000 $22,587 $22,957
42 U.S.C. 6991e(d)(2)........ RCRA........... $10,000 $22,587 $22,957
42 U.S.C. 7413(b)............ Clean Air Act $25,000 $93,750 $95,284
(CAA).
42 U.S.C. 7413(d)(1)......... CAA............ $25,000/$200,000 $44,539/$356,312 $45,268/$362,141
42 U.S.C. 7413(d)(3)......... CAA............ $5,000 $8,908 $9,054
42 U.S.C. 7524(a)............ CAA............ $25,000/$2,500 $44,539/$4,454 $45,268/$4,527
42 U.S.C. 7524(c)(1)......... CAA............ $200,000 $356,312 $362,141
42 U.S.C. 7545(d)(1)......... CAA............ $25,000 $44,539 $45,268
42 U.S.C. 9604(e)(5)(B)...... Comprehensive $25,000 $53,907 $54,789
Environmental
Response,
Compensation,
and Liability
Act (CERCLA).
42 U.S.C. 9606(b)(1)......... CERCLA......... $25,000 $53,907 $54,789
42 U.S.C. 9609(a)(1)......... CERCLA......... $25,000 $53,907 $54,789
[[Page 3637]]
42 U.S.C. 9609(b)............ CERCLA......... $25,000/$75,000 $53,907/$161,721 $54,789/$164,367
42 U.S.C. 9609(c)............ CERCLA......... $25,000/$75,000 $53,907/$161,721 $54,789/$164,367
42 U.S.C. 11045(a)........... Emergency $25,000 $53,907 $54,789
Planning and
Community
Right-To-Know
Act (EPCRA).
42 U.S.C. 11045(b)(1)(A)..... EPCRA.......... $25,000 $53,907 $54,789
42 U.S.C. 11045(b)(2)........ EPCRA.......... $25,000/$75,000 $53,907/$161,721 $54,789/$164,367
42 U.S.C. 11045(b)(3)........ EPCRA.......... $25,000/$75,000 $53,907/$161,721 $54,789/$164,367
42 U.S.C. 11045(c)(1)........ EPCRA.......... $25,000 $53,907 $54,789
42 U.S.C. 11045(c)(2)........ EPCRA.......... $10,000 $21,563 $21,916
42 U.S.C. 11045(d)(1)........ EPCRA.......... $25,000 $53,907 $54,789
42 U.S.C. 14304(a)(1)........ Mercury- $10,000 $15,025 $15,271
Containing and
Rechargeable
Battery
Management Act
(Battery Act).
42 U.S.C. 14304(g)........... Battery Act.... $10,000 $15,025 $15,271
----------------------------------------------------------------------------------------------------------------
\1\ Note that 7 U.S.C. 136l.(a)(2) contains three separate statutory maximum civil penalty provisions. The first
mention of $1,000 and the $500 statutory maximum civil penalty amount were originally enacted in 1978 (Pub. L.
95-396), and the second mention of $1,000 was enacted in 1972 (Pub. L. 92-516).
[FR Doc. 2017-00160 Filed 1-11-17; 8:45 am]
BILLING CODE 6560-50-P
