Civil Monetary Penalty Inflation Adjustment Rule, 1190-1194 [2018-00287]

Download as PDF jstallworth on DSKBBY8HB2PROD with RULES 1190 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations is incorporated by reference in the Code of Federal Regulations, and thus more effective in supporting USPS efforts related to compliance and enforcement. The Postal Service expects that incorporation by reference of Publication 52 in the Code of Federal Regulations, will increase the visibility of the mailing standards contained in Publication 52 and thereby maximize their effectiveness and usefulness. Since their removal from the DMM, the mailing standards provided in Publication 52 have undergone few changes of significance; indeed, several of those changes have expanded the options available to HAZMAT mailers. With regard to changes having a wider impact on mailers, such as those required to conform Publication 52 to the revised standards for the shipment of lithium batteries established by the Pipeline and Hazardous Materials Safety Administration (PHMSA) and the International Civil Aviation Organization (ICAO), the Postal Service has been careful to provide advance notice to interested parties, with an opportunity to comment, and to shape the final standards in response to the comments received. See, e.g. 82 FR 11372 (February 22, 2017), and 82 FR 34712 (July 26, 2017). Relating to violations of mailing standards for hazardous materials, the Postal Service currently has civil enforcement authority granted by the Postal Accountability and Enhancement Act of 2006, and authority to assess criminal penalties under 18 U.S.C. 1716. As a result, the Postal Service believes that the incorporation by reference of Publication 52 should have little or no impact on mailers of hazardous, restricted, or perishable materials, and the Postal Service would expect few comments in response to a proposed rule. Accordingly, the Postal Service has chosen to publish only a final rule in support of this action. The Postal Service further believes that incorporation by reference of Publication 52 is justified in view of the unique qualities of the publication, including its length, the detailed description of conditions relating to the mailing of hazardous, restricted, or perishable materials, and the presence of numerous color figures and images in the document. In addition, the potential for serious injury to Postal Service employees and the general public, as well as the potential for damage to USPS equipment and other assets resulting from improperly prepared, packaged, or marked hazardous materials, provide support for the incorporation by reference of a separate VerDate Sep<11>2014 15:18 Jan 09, 2018 Jkt 244001 publication dealing specifically with such matters. ENVIRONMENTAL PROTECTION AGENCY List of Subjects in 39 CFR Part 113 40 CFR Part 19 Hazardous, restricted, and perishable mail, Incorporation by reference. [FRL–9972–92–OECA] In consideration of the matters discussed above, the Postal Service adds new 39 CFR part 113 as follows: ■ PART 113—HAZARDOUS, RESTRICTED, AND PERISHABLE MAIL Sec. 113.1 113.2 Scope and purpose. Incorporation by reference. Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001–3011, 3201– 3219, 3403–3406, 3621, 3622, 3626, 3632, 3633, and 5001. § 113.1 Scope and purpose. This part applies to the mailing and shipment of hazardous, restricted, and perishable materials. In order to mail hazardous, restricted, and perishable materials, mailers must properly prepare their mailings in accordance with the standards contained in USPS Publication 52 (incorporated by reference, see § 113.2). § 113.2 Incorporation by reference. (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection by appointment only, during normal hours of operation, at the U.S. Postal Service Library, 475 L’Enfant Plaza West SW, Washington, DC 20260–1641 (call 202–268–2906), and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to www.archives.gov/federal-register/ cfr/ibr-locations.html. (b) United States Postal Service, Product Classification Office, USPS Headquarters, 475 L’Enfant Plaza SW, Room 4446, Washington, DC 20260– 5013: http://pe.usps.com/text/pub52/ welcome.htm. (1) Publication 52, Hazardous, Restricted and Perishable Mail, dated August 2017, IBR approved for § 113.1. (2) [Reserved] Stanley F. Mires, Attorney, Federal Compliance. [FR Doc. 2018–00266 Filed 1–9–18; 8:45 am] BILLING CODE 7710–12–P PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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 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, 2018. 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: 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 or enforced pursuant to an administrative proceeding or a civil action in the Federal courts.’’ E:\FR\FM\10JAR1.SGM 10JAR1 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations 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 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), and EPA made its first annual adjustment on January 12, 2017, which was effective January 15, 2017 (82 FR 3633). Today’s rule implements the second annual penalty inflation adjustments mandated by the 2015 Act. 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 2017 exceeds the CPI–U for the month of October 2016. With this rule, the new statutory maximum (or minimum 3) penalty levels jstallworth on DSKBBY8HB2PROD with RULES 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. 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 VerDate Sep<11>2014 15:18 Jan 09, 2018 Jkt 244001 listed in the sixth column of Table 2 of 40 CFR 19.4 will apply to all civil penalties assessed on or after January 15, 2018, for violations that occurred after November 2, 2015, when the 2015 Act was enacted. The former maximum statutory civil penalty levels, which are in the fifth column of Table 2 to 40 CFR 19.4, will now apply only to violations that occurred after November 2, 2015, where the penalties were assessed on or after January 15, 2017 but before January 15, 2018. The statutory penalty levels for violations that occurred after November 2, 2015, where the penalties were assessed on or after August 1, 2016 but before January 15, 2017, are codified in the fourth column of Table 2 to 40 CFR 19.4. The statutory civil penalty levels that apply to violations that occurred on or before November 2, 2015, are codified at Table 1 to 40 CFR 19.4. The formula for determining the costof-living or inflation adjustment to statutory civil penalties consists of the following steps: Step 1: The cost-of-living adjustment multiplier for 2018, based on the CPI– U of October 2017, is 1.02041.4 Multiply 1.02041 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 the second annual adjustments no later than January 15, 2018. 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 104B(d)(1) of the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. 1414b(d)(1), refers to an exact penalty of $600 ‘‘[f]or each dry ton (or equivalent) of sewage sludge or industrial waste dumped or transported by the person in violation of this subsection in calendar year 1992 . . .’’; and Section 325(d)(1) of the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. 11045(d)(1), refers to an exact civil penalty of $25,000 for each frivolous trade secret claim. 4 Office of Management and Budget Memorandum, Implementation of the Penalty Inflation Adjustments for 2018, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (OMB Memorandum M– 18–03) at p. 1 (December 15, 2017). PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 1191 the annual inflation adjustments ‘‘notwithstanding section 553’’ of the APA. According to OMB guidance issued to Federal agencies on the implementation of the 2018 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 Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs This action is not an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. C. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA. This rule merely increases the level of statutory civil penalties that can be imposed in the context of a federal civil administrative enforcement action or civil judicial case for violations of EPA-administered statutes and their implementing regulations. D. Regulatory Flexibility Act (RFA) This action is not subject to the RFA. The RFA applies only to rules subject to notice and comment rulemaking requirements under the APA, 5 U.S.C. 553, or any other statute. Because the 2015 Act directs Federal agencies to publish this rule notwithstanding section 553 of the APA, this rule is not subject to notice and comment requirements or the RFA. 5 See E:\FR\FM\10JAR1.SGM OMB Memorandum M–18–03 at p. 4. 10JAR1 1192 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations E. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. This action is required by the 2015 Act, without the exercise of any policy discretion by EPA. This action also imposes no enforceable duty on any state, local or tribal governments or the private sector. Because the calculation of any increase is formuladriven pursuant to the 2015 Act, EPA has no policy discretion to vary the amount of the adjustment. F. Executive Order 13132: Federalism This action does not have federalism implications. It will not have a substantial direct effect on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. This rule merely reconciles the real value of current statutory civil penalty levels to reflect and keep pace with the levels originally set by Congress when the statutes were enacted. The calculation of the increases is formula-driven and prescribed by statute, and EPA has no discretion to vary the amount of the adjustment to reflect any views or suggestions provided by commenters. Accordingly, this rule will not have a substantial direct effect on tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes. jstallworth on DSKBBY8HB2PROD with RULES H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. VerDate Sep<11>2014 15:18 Jan 09, 2018 Jkt 244001 I. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. J. National Technology Transfer and Advancement Act (NTTAA) The rulemaking does not involve technical standards. K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. Rather, this action is mandated by the 2015 Act, which prescribes a formula for adjusting statutory civil penalties on an annual basis to reflect inflation. L. Congressional Review Act (CRA) This action is subject to the CRA, and EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. The CRA allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and comment rulemaking procedures are impracticable, unnecessary or contrary to the public interest (5 U.S.C. 808(2)). The 2015 Act directs Federal agencies to publish their annual penalty inflation adjustments ‘‘notwithstanding section 553 [of the APA].’’ 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,6 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, 2018. E. Scott Pruitt, 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: 6 See PO 00000 OMB Memorandum M–18–03 at p. 4. Frm 00020 Fmt 4700 Sfmt 4700 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 statutory 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 were assessed before August 1, 2016. The statutory civil penalty levels set forth in the fourth column of Table 2 of § 19.4 apply to all violations which occurred after November 2, 2015, where the penalties were assessed on or after August 1, 2016 and before January 15, 2017. The statutory civil penalty levels set forth in the fifth column of Table 2 of § 19.4 apply to all violations which occurred after November 2, 2015, where the penalties were assessed after January 15, 2017 but before January 15, 2018. The statutory civil penalty levels set forth in the sixth and last column of Table 2 of § 19.4 apply to all violations which occur or occurred after November 2, 2015, where the penalties are assessed after January 15, 2018. ■ 3. In § 19.4, revise 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 that occurred on or before November 2, 2015, and for violations that occurred after November 2, 2015, where penalties were assessed before August 1, 2016. Table 2 to § 19.4 sets out the statutory civil penalty provisions of statutes administered by EPA, with the third column displaying the original statutory civil penalty levels, as enacted. The fourth column of Table 2 displays the operative statutory civil penalty levels where penalties were assessed on or after August 1, 2016 but before January 15, 2017, for violations that occurred after November 2, 2015. The fifth column displays the operative statutory civil penalty levels E:\FR\FM\10JAR1.SGM 10JAR1 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations where penalties are assessed on or after January 15, 2017 but before January 15, 2018, for violations that occur or occurred after November 2, 2015. The sixth and last column displays the operative statutory civil penalty levels where penalties are assessed on or after January 15, 2018, for violations that 1193 occur or occurred after November 2, 2015. * * * * * TABLE 2 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS Statutory civil penalties for violations that occurred after November 2, 2015, where penalties are assessed on or after August 1, 2016 but before January 15, 2017 Statutory civil penalties for violations that occurred after November 2, 2015, where penalties are assessed on or after January 15, 2017 but before January 15, 2018 Statutory civil penalties for violations that occurred after November 2, 2015, where penalties are assessed on or after January 15, 2018 $5,000 $18,750 $19,057 $19,446 1,000/500/1,000 25,000 2,750/1,772/2,750 37,500 2,795/1,801/2,795 38,114 2,852/1,838/2,795 38,892 5,000 5,000 5,000 10,781 8,908 10,781 10,957 9,054 10,957 11,181 9,239 11,181 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 11,181 53,484 21,393/53,484 21,393/267,415 18,477/46,192 18,477/230,958 46,192/1,848 46,192 46,192 184,767/5,543 1,231 50,000/125,000 10,000/25,000 187,500/247,336 13,669/34,172 190,568/251,382 13,893/34,731 194,457/256,513 14,177/35,440 10,000/125,000 13,669/170,861 13,893/173,656 14,177/177,200 CACSO ........................................................ 25,000 34,172 34,731 35,440 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 ...................................................... 25,000 70,117 71,264 72,718 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 14,543 55,907 55,907 11,181/38,954 38,954 55,907 22,363/279,536 11,181/279,536 19,446/41,484 23,374 136,052/1,360,525 9,722 55,907 38,954 10,260/102,606 17,395 10,000 25,000 35,445 93,750 36,025 95,284 36,760 97,229 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 58,562 72,718 58,562 14,543 14,543 58,562 23,426 23,426 97,229 46,192/369,532 9,239 46,192/4,619 369,532 46,192 55,907 25,000 25,000 53,907 53,907 54,789 54,789 55,907 55,907 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 ........................................................ 136l.(a)(2) 1 7 U.S.C. ............... 15 U.S.C. 2615(a)(1) ............... 15 U.S.C. 2647(a) ................... 15 U.S.C. 2647(g) ................... 31 U.S.C. 3802(a)(1) ............... 31 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) ............. jstallworth on DSKBBY8HB2PROD 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 U.S.C. 9606(b)(1) ............... 42 U.S.C. 9609(a)(1) ............... VerDate Sep<11>2014 15:18 Jan 09, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\10JAR1.SGM 10JAR1 1194 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Rules and Regulations TABLE 2 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS—Continued 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 RIGHT-TO-KNOW ACT (EPCRA). EPCRA ........................................................ EPCRA ........................................................ EPCRA ........................................................ EPCRA ........................................................ EPCRA ........................................................ EPCRA ........................................................ MERCURY-CONTAINING AND RECHARGEABLE BATTERY MANAGEMENT ACT (BATTERY ACT). BATTERY ACT ........................................... 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, where penalties are assessed on or after January 15, 2017 but before January 15, 2018 Statutory civil penalties for violations that occurred after November 2, 2015, where penalties are assessed on or after January 15, 2018 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 55,907/167,722 55,907/167,722 55,907 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 55,907 55,907/167,722 55,907/167,722 55,907 22,363 55,907 15,583 10,000 15,025 15,271 15,583 Statutory civil penalties, as enacted U.S. Code citation 42 42 42 42 42 42 42 Statutory civil penalties for violations that occurred after November 2, 2015, where penalties are assessed on or after August 1, 2016 but before January 15, 2017 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. 2018–00287 Filed 1–9–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2007–0085; FRL–9972–85– Region 4] Air Plan Approval; NC; Open Burning and Miscellaneous Revisions Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: Due to adverse comments received, the Environmental Protection Agency (EPA) is amending the North Carolina State Implementation Plan (SIP) to remove some provisions made effective through the direct final rule that was published on July 18, 2017. EPA stated that if adverse comments were received by the close of the comment period, the rule would be withdrawn and not take effect, or if adverse comments were received on an amendment, paragraph, or section of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. EPA received adverse comments on two specific SIP revisions. Therefore, EPA is removing only the portions of the SIP related to those two revisions. DATES: This rule is effective January 10, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2007–0085. All documents in the docket are listed on the www.regulations.gov jstallworth on DSKBBY8HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:18 Jan 09, 2018 Jkt 244001 website. Although listed in the index, some information may not be 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: Nacosta C. Ward, 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. Ward can be reached via telephone at (404) 562– 9140, or via electronic mail at ward.nacosta@epa.gov. SUPPLEMENTARY INFORMATION: On July 18, 2017, EPA published a direct final rule (82 FR 32767) approving several revisions to the North Carolina SIP. The revisions consisted of changes to or the addition of the following regulations: 15A NCAC Subchapter 2D—Air PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 Pollution Control Requirements, Section .0101, Definitions; Section .0103, Copies of Referenced Federal Regulations; Section .1901 Purpose, Scope, and Impermissible Open Burning Section; .1902, Definitions; Section .1903, Permissible Open Burning Without An Air Quality Permit; Section .2001, Purpose, Scope, and Applicability; and 15A NCAC Subchapter 2Q—Air Quality Permits, Section .0103, Definitions; Section .0105, Copies of Referenced Documents; Section .0304, Applications; Section .0305, Application Submittal Content; Section .0806, Cotton Gins; Section .0808, Peak Shaving Generators; and Section .0810, Air Curtain Burners. On the same day, EPA published proposed rule (82 FR 32782), proposing approval of those same revisions to the North Carolina SIP and providing a 30-day comment period for both the direct final rule and the proposed rule.1 The direct final rule explained that if EPA received adverse comments, the Agency would withdraw the relevant portion(s) of the direct final action. EPA received adverse comments on the portions of the rulemaking related to the North Carolina regulations 15A NCAC Subchapter 2Q—Air Quality Permits, Section .0808, Peak Shaving Generators, and Section .0810, Air Curtain Burners, only. However, EPA was not able to withdraw these portions of the direct final action before the action became effective. Therefore, EPA is amending § 52.1770 by removing the portions of the SIP related to these two North Carolina regulations. EPA is not 1 On September 6, 2017 (82 FR 42055), EPA reopened the comment period for the proposed rule, with comments due on or before September 21, 2017. E:\FR\FM\10JAR1.SGM 10JAR1

Agencies

[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Rules and Regulations]
[Pages 1190-1194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00287]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 19

[FRL-9972-92-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 
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, 2018.

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; [email protected].

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 1191]]

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), and EPA made 
its first annual adjustment on January 12, 2017, which was effective 
January 15, 2017 (82 FR 3633). Today's rule implements the second 
annual penalty inflation adjustments mandated by the 2015 Act. 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 2017 exceeds the CPI-U for the month 
of October 2016.
    With this rule, the new statutory maximum (or minimum \3\) penalty 
levels listed in the sixth column of Table 2 of 40 CFR 19.4 will apply 
to all civil penalties assessed on or after January 15, 2018, for 
violations that occurred after November 2, 2015, when the 2015 Act was 
enacted. The former maximum statutory civil penalty levels, which are 
in the fifth column of Table 2 to 40 CFR 19.4, will now apply only to 
violations that occurred after November 2, 2015, where the penalties 
were assessed on or after January 15, 2017 but before January 15, 2018. 
The statutory penalty levels for violations that occurred after 
November 2, 2015, where the penalties were assessed on or after August 
1, 2016 but before January 15, 2017, are codified in the fourth column 
of Table 2 to 40 CFR 19.4. The statutory civil penalty levels that 
apply to violations that occurred on or before November 2, 2015, are 
codified at Table 1 to 40 CFR 19.4.
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    \3\ Under Section 3(2)(A) of the 2015 Act, ``civil monetary 
penalty'' means ``a specific monetary amount as provided by Federal 
law''; or ``has a maximum amount provided for by Federal law.'' EPA-
administered statutes generally refer to statutory maximum 
penalties, with the following exceptions: Section 311(b)(7)(D) of 
the Clean Water Act, 33 U.S.C. 1321(b)(7)(D), refers to a minimum 
penalty of ``not less than $100,000 . . .''; Section 104B(d)(1) of 
the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. 
1414b(d)(1), refers to an exact penalty of $600 ``[f]or each dry ton 
(or equivalent) of sewage sludge or industrial waste dumped or 
transported by the person in violation of this subsection in 
calendar year 1992 . . .''; and Section 325(d)(1) of the Emergency 
Planning and Community Right-to-Know Act, 42 U.S.C. 11045(d)(1), 
refers to an exact civil penalty of $25,000 for each frivolous trade 
secret claim.
---------------------------------------------------------------------------

    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 2018, based on 
the CPI-U of October 2017, is 1.02041.\4\ Multiply 1.02041 by the 
current penalty amount. This is the raw adjusted penalty value.
---------------------------------------------------------------------------

    \4\ Office of Management and Budget Memorandum, Implementation 
of the Penalty Inflation Adjustments for 2018, Pursuant to the 
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 
2015 (OMB Memorandum M-18-03) at p. 1 (December 15, 2017).
---------------------------------------------------------------------------

    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 the 
second annual adjustments no later than January 15, 2018. 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 2018 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-18-03 at p. 4.
---------------------------------------------------------------------------

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

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

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

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. This rule merely increases the level of statutory civil 
penalties that can be imposed in the context of a federal civil 
administrative enforcement action or civil judicial case for violations 
of EPA-administered statutes and their implementing regulations.

D. Regulatory Flexibility Act (RFA)

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

[[Page 1192]]

E. Unfunded Mandates Reform Act (UMRA)

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

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
a substantial direct effect on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

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

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

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

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

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

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

J. National Technology Transfer and Advancement Act (NTTAA)

    The rulemaking does not involve technical standards.

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

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

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. The CRA allows the issuing agency to make a rule 
effective sooner than otherwise provided by the CRA if the agency makes 
a good cause finding that notice and comment rulemaking procedures are 
impracticable, unnecessary or contrary to the public interest (5 U.S.C. 
808(2)). The 2015 Act directs Federal agencies to publish their annual 
penalty inflation adjustments ``notwithstanding section 553 [of the 
APA].'' 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,\6\ EPA finds that the APA's notice 
and comment rulemaking procedures are impracticable, unnecessary or 
contrary to the public interest.
---------------------------------------------------------------------------

    \6\ See OMB Memorandum M-18-03 at p. 4.
---------------------------------------------------------------------------

List of Subjects in 40 CFR Part 19

    Environmental protection, Administrative practice and procedure, 
Penalties.

    Dated: January 3, 2018.
E. Scott Pruitt,
Administrator.

    For the reasons set out in the preamble, EPA amends title 40, 
chapter I, part 19 of the Code of Federal Regulations as follows:

PART 19--ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION

0
1. The authority citation for part 19 continues to read as follows:

    Authority: Pub. L. 101-410, Oct. 5, 1990, 104 Stat. 890, as 
amended by Pub. L. 104-134, title III, sec. 31001(s)(1), Apr. 26, 
1996, 110 Stat. 1321-373; Pub. L. 105-362, title XIII, sec. 1301(a), 
Nov. 10, 1998, 112 Stat. 3293; Pub. L. 114-74, title VII, sec. 
701(b), Nov. 2, 2015, 129 Stat. 599.

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


Sec.  19.2  Effective date.

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

0
3. In Sec.  19.4, revise 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 that occurred 
on or before November 2, 2015, and for violations that occurred after 
November 2, 2015, where penalties were assessed before August 1, 2016. 
Table 2 to Sec.  19.4 sets out the statutory civil penalty provisions 
of statutes administered by EPA, with the third column displaying the 
original statutory civil penalty levels, as enacted. The fourth column 
of Table 2 displays the operative statutory civil penalty levels where 
penalties were assessed on or after August 1, 2016 but before January 
15, 2017, for violations that occurred after November 2, 2015. The 
fifth column displays the operative statutory civil penalty levels

[[Page 1193]]

where penalties are assessed on or after January 15, 2017 but before 
January 15, 2018, for violations that occur or occurred after November 
2, 2015. The sixth and last column displays the operative statutory 
civil penalty levels where penalties are assessed on or after January 
15, 2018, for violations that occur or occurred after November 2, 2015.
* * * * *

                                          Table 2 of Section 19.4--Civil Monetary Penalty Inflation Adjustments
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                Statutory civil     Statutory civil
                                                                                                 penalties for       penalties for      Statutory civil
                                                                                                violations that     violations that      penalties for
                                                                                                occurred after      occurred after      violations that
                                                                            Statutory civil    November 2, 2015,   November 2, 2015,    occurred after
            U.S. Code citation                  Environmental statute        penalties, as      where penalties     where penalties    November 2, 2015,
                                                                                enacted       are assessed on or  are assessed on or    where penalties
                                                                                                after August 1,    after January 15,  are assessed on or
                                                                                                2016 but before     2017 but before    after January 15,
                                                                                               January 15, 2017    January 15, 2018          2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
7 U.S.C. 136l.(a)(1)......................  FEDERAL INSECTICIDE,                      $5,000             $18,750             $19,057             $19,446
                                             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   2,852/1,838/2,795
15 U.S.C. 2615(a)(1)......................  TOXIC SUBSTANCES CONTROL ACT              25,000              37,500              38,114              38,892
                                             (TSCA).
15 U.S.C. 2647(a).........................  TSCA........................               5,000              10,781              10,957              11,181
15 U.S.C. 2647(g).........................  TSCA........................               5,000               8,908               9,054               9,239
31 U.S.C. 3802(a)(1)......................  PROGRAM FRAUD CIVIL REMEDIES               5,000              10,781              10,957              11,181
                                             ACT (PFCRA).
31 U.S.C. 3802(a)(2)......................  PFCRA.......................               5,000              10,781              10,957              11,181
33 U.S.C. 1319(d).........................  CLEAN WATER ACT (CWA).......              25,000              51,570              52,414              53,484
33 U.S.C. 1319(g)(2)(A)...................  CWA.........................       10,000/25,000       20,628/51,570       20,965/52,414       21,393/53,484
33 U.S.C. 1319(g)(2)(B)...................  CWA.........................      10,000/125,000      20,628/257,848      20,965/262,066      21,393/267,415
33 U.S.C. 1321(b)(6)(B)(i)................  CWA.........................       10,000/25,000       17,816/44,539       18,107/45,268       18,477/46,192
33 U.S.C. 1321(b)(6)(B)(ii)...............  CWA.........................      10,000/125,000      17,816/222,695      18,107/226,338      18,477/230,958
33 U.S.C. 1321(b)(7)(A)...................  CWA.........................        25,000/1,000        44,539/1,782        45,268/1,811        46,192/1,848
33 U.S.C. 1321(b)(7)(B)...................  CWA.........................              25,000              44,539              45,268              46,192
33 U.S.C. 1321(b)(7)(C)...................  CWA.........................              25,000              44,539              45,268              46,192
33 U.S.C. 1321(b)(7)(D)...................  CWA.........................       100,000/3,000       178,156/5,345       181,071/5,432       184,767/5,543
33 U.S.C. 1414b(d)(1).....................  MARINE PROTECTION, RESEARCH,                 600               1,187               1,206               1,231
                                             AND SANCTUARIES ACT (MPRSA).
33 U.S.C. 1415(a).........................  MPRSA.......................      50,000/125,000     187,500/247,336     190,568/251,382     194,457/256,513
33 U.S.C. 1901 note (see 1409(a)(2)(A))...  CERTAIN ALASKAN CRUISE SHIP        10,000/25,000       13,669/34,172       13,893/34,731       14,177/35,440
                                             OPERATIONS (CACSO).
33 U.S.C. 1901 note (see 1409(a)(2)(B))...  CACSO.......................      10,000/125,000      13,669/170,861      13,893/173,656      14,177/177,200
33 U.S.C. 1901 note (see 1409(b)(1))......  CACSO.......................              25,000              34,172              34,731              35,440
33 U.S.C. 1908(b)(1)......................  ACT TO PREVENT POLLUTION                  25,000              70,117              71,264              72,718
                                             FROM SHIPS (APPS).
33 U.S.C. 1908(b)(2)......................  APPS........................               5,000              14,023              14,252              14,543
42 U.S.C. 300g-3(b).......................  SAFE DRINKING WATER ACT                   25,000              53,907              54,789              55,907
                                             (SDWA).
42 U.S.C. 300g-3(g)(3)(A).................  SDWA........................              25,000              53,907              54,789              55,907
42 U.S.C. 300g-3(g)(3)(B).................  SDWA........................        5,000/25,000       10,781/37,561       10,957/38,175       11,181/38,954
42 U.S.C. 300g-3(g)(3)(C).................  SDWA........................              25,000              37,561              38,175              38,954
42 U.S.C. 300h-2(b)(1)....................  SDWA........................              25,000              53,907              54,789              55,907
42 U.S.C. 300h-2(c)(1)....................  SDWA........................      10,000/125,000      21,563/269,535      21,916/273,945      22,363/279,536
42 U.S.C. 300h-2(c)(2)....................  SDWA........................       5,000/125,000      10,781/269,535      10,957/273,945      11,181/279,536
42 U.S.C. 300h-3(c).......................  SDWA........................        5,000/10,000       18,750/40,000       19,057/40,654       19,446/41,484
42 U.S.C. 300i(b).........................  SDWA........................              15,000              22,537              22,906              23,374
42 U.S.C. 300i-1(c).......................  SDWA........................   100,000/1,000,000   131,185/1,311,850   133,331/1,333,312   136,052/1,360,525
42 U.S.C. 300j(e)(2)......................  SDWA........................               2,500               9,375               9,528               9,722
42 U.S.C. 300j-4(c).......................  SDWA........................              25,000              53,907              54,789              55,907
42 U.S.C. 300j-6(b)(2)....................  SDWA........................              25,000              37,561              38,175              38,954
42 U.S.C. 300j-23(d)......................  SDWA........................        5,000/50,000        9,893/98,935      10,055/100,554      10,260/102,606
42 U.S.C. 4852d(b)(5).....................  RESIDENTIAL LEAD-BASED PAINT              10,000              16,773              17,047              17,395
                                             HAZARD REDUCTION ACT OF
                                             1992.
42 U.S.C. 4910(a)(2)......................  NOISE CONTROL ACT OF 1972...              10,000              35,445              36,025              36,760
42 U.S.C. 6928(a)(3)......................  RESOURCE CONSERVATION AND                 25,000              93,750              95,284              97,229
                                             RECOVERY ACT (RCRA).
42 U.S.C. 6928(c).........................  RCRA........................              25,000              56,467              57,391              58,562
42 U.S.C. 6928(g).........................  RCRA........................              25,000              70,117              71,264              72,718
42 U.S.C. 6928(h)(2)......................  RCRA........................              25,000              56,467              57,391              58,562
42 U.S.C. 6934(e).........................  RCRA........................               5,000              14,023              14,252              14,543
42 U.S.C. 6973(b).........................  RCRA........................               5,000              14,023              14,252              14,543
42 U.S.C. 6991e(a)(3).....................  RCRA........................              25,000              56,467              57,391              58,562
42 U.S.C. 6991e(d)(1).....................  RCRA........................              10,000              22,587              22,957              23,426
42 U.S.C. 6991e(d)(2).....................  RCRA........................              10,000              22,587              22,957              23,426
42 U.S.C. 7413(b).........................  CLEAN AIR ACT (CAA).........              25,000              93,750              95,284              97,229
42 U.S.C. 7413(d)(1)......................  CAA.........................      25,000/200,000      44,539/356,312      45,268/362,141      46,192/369,532
42 U.S.C. 7413(d)(3)......................  CAA.........................               5,000               8,908               9,054               9,239
42 U.S.C. 7524(a).........................  CAA.........................        25,000/2,500        44,539/4,454        45,268/4,527        46,192/4,619
42 U.S.C. 7524(c)(1)......................  CAA.........................             200,000             356,312             362,141             369,532
42 U.S.C. 7545(d)(1)......................  CAA.........................              25,000              44,539              45,268              46,192
42 U.S.C. 9604(e)(5)(B)...................  COMPREHENSIVE ENVIRONMENTAL               25,000              53,907              54,789              55,907
                                             RESPONSE, COMPENSATION, AND
                                             LIABILITY ACT (CERCLA).
42 U.S.C. 9606(b)(1)......................  CERCLA......................              25,000              53,907              54,789              55,907
42 U.S.C. 9609(a)(1)......................  CERCLA......................              25,000              53,907              54,789              55,907

[[Page 1194]]

 
42 U.S.C. 9609(b).........................  CERCLA......................       25,000/75,000      53,907/161,721      54,789/164,367      55,907/167,722
42 U.S.C. 9609(c).........................  CERCLA......................       25,000/75,000      53,907/161,721      54,789/164,367      55,907/167,722
42 U.S.C. 11045(a)........................  EMERGENCY PLANNING AND                    25,000              53,907              54,789              55,907
                                             COMMUNITY RIGHT-TO-KNOW ACT
                                             (EPCRA).
42 U.S.C. 11045(b)(1)(A)..................  EPCRA.......................              25,000              53,907              54,789              55,907
42 U.S.C. 11045(b)(2).....................  EPCRA.......................       25,000/75,000      53,907/161,721      54,789/164,367      55,907/167,722
42 U.S.C. 11045(b)(3).....................  EPCRA.......................       25,000/75,000      53,907/161,721      54,789/164,367      55,907/167,722
42 U.S.C. 11045(c)(1).....................  EPCRA.......................              25,000              53,907              54,789              55,907
42 U.S.C. 11045(c)(2).....................  EPCRA.......................              10,000              21,563              21,916              22,363
42 U.S.C. 11045(d)(1).....................  EPCRA.......................              25,000              53,907              54,789              55,907
42 U.S.C. 14304(a)(1).....................  MERCURY-CONTAINING AND                    10,000              15,025              15,271              15,583
                                             RECHARGEABLE BATTERY
                                             MANAGEMENT ACT (BATTERY
                                             ACT).
42 U.S.C. 14304(g)........................  BATTERY ACT.................              10,000              15,025              15,271              15,583
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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. 2018-00287 Filed 1-9-18; 8:45 am]
BILLING CODE 6560-50-P