Civil Monetary Penalty Inflation Adjustment Rule, 1190-1194 [2018-00287]
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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
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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: https://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
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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.’’
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the laws administered by that agency.
The Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of
1996 (DCIA), required agencies to
review their statutory civil penalties
every 4 years, and to adjust the statutory
civil penalty amounts for inflation if the
increase met the DCIA’s adjustment
methodology. In accordance with the
DCIA, EPA reviewed and, as
appropriate, adjusted the civil penalty
levels under each of the statutes the
agency implements in 1996 (61 FR
69360), 2004 (69 FR 7121), 2008 (73 FR
75340), and 2013 (78 FR 66643).
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
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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).
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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 https://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
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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.
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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
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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
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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) ...............
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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
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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
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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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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 https://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
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\1\ Note that 7 U.S.C. 136l.(a)(2) contains three separate statutory maximum civil penalty provisions. The first mention of $1,000 and the $500
statutory maximum civil penalty amount were originally enacted in 1978 (Pub. L. 95-396), and the second mention of $1,000 was enacted in 1972 (Pub. L.
92-516).
[FR Doc. 2018-00287 Filed 1-9-18; 8:45 am]
BILLING CODE 6560-50-P
