Civil Monetary Penalty Inflation Adjustment Rule, 2056-2060 [2019-00785]
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Federal Register / Vol. 84, No. 25 / Wednesday, February 6, 2019 / Rules and Regulations
U.S. Code citation
CMP description
(10) 12 U.S.C. 1786(k)(2)(A)
Tier 2 CMP for violations of law, regulation, and other
orders or agreements and for recklessly engaging in
unsafe or unsound practices or breaches of fiduciary
duty.
Tier 3 CMP for knowingly committing the violations
under Tier 1 or 2 (natural person).
Tier 3 CMP for knowingly committing the violations
under Tier 1 or 2 (insured credit union).
Non-compliance with senior examiner post-employment
restrictions.
Non-compliance with appraisal independence requirements.
Non-compliance with flood insurance requirements .......
(11) 12 U.S.C. 1786(k)(2)(A)
(12) 12 U.S.C. 1786(k)(2)(A)
(13) 12 U.S.C. 1786(w)(5)(ii)
(14) 15 U.S.C. 1639e(k) ......
(15) 42 U.S.C. 4012a(f)(5) ...
(b) The adjusted amounts displayed in
paragraph (a) of this section apply to
civil monetary penalties that are
assessed after the date the increase takes
effect, including those whose associated
violation or violations pre-dated the
increase and occurred after November 2,
2015.
[FR Doc. 2019–01123 Filed 2–5–19; 8:45 am]
BILLING CODE 7535–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 19
[FRL–9988–90–OAR–OECA]
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is promulgating this final
rule to adjust the level of the maximum
(or minimum) 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 the statutory maximum (or
minimum) amount of 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 on 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
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$50,334.
$2,013,399.
$2,013,399 or 1 percent of the total assets of the credit
union, whichever is less.
$331,174.
First violation: $11,563 Subsequent violations: $23,125.
$2,187.
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
February 6, 2019, and applicable
beginning January 15, 2019.
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:
I. Background
Civil Monetary Penalty Inflation
Adjustment Rule
SUMMARY:
New maximum amount
Since 1990, federal agencies have
been required to issue regulations
adjusting for inflation the statutory civil
penalties 1 that can be imposed under
the laws administered by that agency.
The Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of
1996 (DCIA), required agencies to
review their statutory civil penalties
every 4 years, and to adjust the statutory
civil penalty amounts for inflation if the
increase met the DCIA’s adjustment
methodology. In accordance with the
DCIA, EPA reviewed and, as
appropriate, adjusted the civil penalty
levels under each of the statutes the
agency implements in 1996 (61 FR
69360), 2004 (69 FR 7121), 2008 (73 FR
75340), and 2013 (78 FR 66643).
The 2015 Act 2 required each federal
agency to adjust the level of statutory
1 The Federal Civil Penalties Inflation Adjustment
Act of 1990, Public Law 101–410, 28 U.S.C. 2461
note, defines ‘‘civil monetary penalty’’ as ‘‘any
penalty, fine, or other sanction that—(A)(i) is for a
specific monetary amount as provided by Federal
law; or (ii) has a maximum amount provided for by
Federal law; and (B) is assessed or enforced by an
agency pursuant to Federal law; and (C) is assessed
or enforced pursuant to an administrative
proceeding or a civil action in the Federal courts.’’
2 The Federal Civil Penalties Inflation Adjustment
Act Improvements Act of 2015 (Section 701 of Pub.
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civil penalties under the laws
implemented by that agency with an
initial ‘‘catch-up’’ adjustment through
an interim final rulemaking. The 2015
Act also required federal agencies,
beginning on January 15, 2017, to make
subsequent annual adjustments for
inflation. Section 4 of the 2015 Act
requires each federal agency to publish
these annual adjustments by January 15
of each year. 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). EPA made its first annual
adjustment on January 12, 2017, which
was effective on January 15, 2017 (82 FR
3633). EPA made its second annual
adjustment on January 10, 2018, which
was effective on January 15, 2018 (83 FR
1190). Today’s rule implements the
third annual adjustment mandated by
the 2015 Act.
The 2015 Act describes the method
for calculating the adjustments. Each
statutory maximum and minimum 3
civil monetary penalty is multiplied by
the cost-of-living adjustment, which is
L. 114–74) was signed into law on Nov. 2, 2015, and
further amended the Federal Civil Penalties
Inflation Adjustment Act of 1990.
3 Under Section 3(2)(A) of the 2015 Act, ‘‘civil
monetary penalty’’ means ‘‘a specific monetary
amount as provided by Federal law’’; or ‘‘has a
maximum amount provided for by Federal law.’’
EPA-administered statutes generally refer to
statutory maximum penalties, with the following
exceptions: Section 311(b)(7)(D) of the Clean Water
Act, 33 U.S.C. 1321(b)(7)(D), refers to a minimum
penalty of ‘‘not less than $100,000 . . .’’; Section
104B(d)(1) of the Marine Protection, Research, and
Sanctuaries Act, 33 U.S.C. 1414b(d)(1), refers to an
exact penalty of $600 ‘‘[f]or each dry ton (or
equivalent) of sewage sludge or industrial waste
dumped or transported by the person in violation
of this subsection in calendar year 1992 . . .’’; and
Section 325(d)(1) of the Emergency Planning and
Community Right-to-Know Act, 42 U.S.C.
11045(d)(1), refers to an exact civil penalty of
$25,000 for each frivolous trade secret claim.
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the percentage by which the Consumer
Price Index for all Urban Consumers
(CPI–U) for the month of October 2018
exceeds the CPI–U for the month of
October 2017.4
With this rule, the new statutory
maximum and minimum penalty levels
listed in the seventh column of Table 2
of 40 CFR 19.4 will apply to all civil
penalties assessed on or after February
6, 2019, for violations that occurred
after November 2, 2015, the date the
2015 Act was enacted. The former
maximum and minimum statutory civil
penalty levels, which are in the sixth
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, 2018 but before February 6,
2019. 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 2019 is the percentage by
which the CPI–U of October 2018
(252.885) exceeds the CPI–U for the
month of October 2017 (246.663), which
is 1.02522.5 Multiply 1.02522 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
4 Current and historical CPI–U’s can be found on
the Bureau of Labor Statistics’ website here: https://
www.bls.gov/cpi/tables/supplemental-files/
historical-cpi-u-201810.pdf.
5 Section 5(b) of the 2015 Act states ‘‘. . . the
term ‘cost-of-living adjustment’ means the
percentage (if any) for each civil monetary penalty
by which(A) the Consumer Price Index for the month of
October preceding the date of the adjustment,
exceeds
(B) the Consumer Price Index for the month of
October 1 year before the month of October referred
to in subparagraph (A).’’
Because the CPI–U for October 2018 is 252.885
and the CPI–U for October 2017 is 246.663, the costof-living multiplier is 1.02522 (252.885 divided by
246.663).
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Pursuant to section 4 of the 2015 Act,
each federal agency is required to
publish the next annual adjustments no
later than January 15, 2019. However,
due to the government shutdown from
December 22, 2018, to January 25, 2019,
EPA and the Office of Federal Register
were unable to publish the rule by the
January 15, 2019 deadline.
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. Consistent
with the language of the 2015 Act, this
rule is not subject to notice and an
opportunity for public comment and
will be effective on February 6, 2019.
III. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www.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 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.
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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.
Thus, Executive Order 13175 does not
apply to this action.
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.
Dated: December 21, 2018.
Andrew R. Wheeler,
Acting 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:
■
J. National Technology Transfer and
Advancement Act (NTTAA)
The rulemaking does not involve
technical standards.
PART 19—ADJUSTMENT OF CIVIL
MONETARY PENALTIES FOR
INFLATION
§ 19.4 Statutory civil penalties, as adjusted
for inflation, and tables.
1. The authority citation for part 19
continues to read as follows:
■
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].’’ 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.
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 on or after
January 15, 2017 but before January 15,
2018. The statutory civil penalty levels
set forth in the sixth 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
January 15, 2018 but before February 6,
2019. The statutory civil penalty levels
set forth in the seventh 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 on or after February 6,
2019.
3. In § 19.4, revise the introductory
text and table 2 of section 19.4 to read
as follows:
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
where penalties were assessed on or
after January 15, 2017 but before January
15, 2018, for violations that occurred
after November 2, 2015. The sixth
column displays the operative statutory
civil penalty levels where penalties
were assessed on or after January 15,
2018 but before January 15, 2019, for
violations that occurred after November
2, 2015. The seventh and last column
displays the operative statutory civil
penalty levels where penalties are
assessed on or after January 15, 2019, for
violations that occur or occurred after
November 2, 2015.
*
*
*
*
*
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TABLE 2 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS
Statutory civil penalties for
violations that occurred
after November 2, 2015,
where penalties were 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 were 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 were assessed on or after January
15, 2018 but before January 15, 2019
Statutory civil penalties for
violations that occurred
after November 2, 2015,
where penalties are assessed on or after January
15, 2019
U.S. Code citation
Environmental statute
Statutory civil penalties, as enacted
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 ......................
$5,000 ........................
$18,750 ...............................
$19,057 ...............................
$19,446 ...............................
$19,936
$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/$2,852 .........
$38,892 ...............................
$2,924/$1,884/$2,924
$39,873
$5,000 ........................
$5,000 ........................
$5,000 ........................
$10,781 ...............................
$8,908 .................................
$10,781 ...............................
$10,957 ...............................
$9,054 .................................
$10,957 ...............................
$11,181 ...............................
$9,239 .................................
$11,181 ...............................
$11,463
$9,472
$11,463
$5,000 ........................
$10,781 ...............................
$10,957 ...............................
$11,181 ...............................
$11,463
7 U.S.C. 136l.(a)(2)1 ..
15 U.S.C. 2615(a)(1)
15 U.S.C. 2647(a) .....
15 U.S.C. 2647(g) .....
31 U.S.C. 3802(a)(1)
31 U.S.C. 3802(a)(2)
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TABLE 2 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS—Continued
Statutory civil penalties for
violations that occurred
after November 2, 2015,
where penalties were 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 were assessed on or after January
15, 2018 but before January 15, 2019
Statutory civil penalties for
violations that occurred
after November 2, 2015,
where penalties are assessed on or after January
15, 2019
$52,414 ...............................
$53,484 ...............................
$54,833
U.S. Code citation
Environmental statute
Statutory civil penalties, as enacted
33 U.S.C. 1319(d) .....
Clean Water Act
(CWA).
CWA ..........................
$25,000 ......................
$51,570 ...............................
$10,000/$25,000 ........
$20,628/$51,570 .................
$20,965/$52,414 .................
$21,393/$53,484 .................
$21,933/$54,833
CWA ..........................
$10,000/$125,000 ......
$20,628/$257,848 ...............
$20,965/$262,066 ...............
$21,393/$267,415 ...............
$21,933/$274,159
CWA ..........................
$10,000/$25,000 ........
$17,816/$44,539 .................
$18,107/$45,268 .................
$18,477/$46,192 .................
$18,943/$47,357
CWA ..........................
$10,000/$125,000 ......
$17,816/$222,695 ...............
$18,107/$226,338 ...............
$18,477/$230,958 ...............
$18,943/$236,783
CWA ..........................
$25,000/$1,000 ..........
$44,539/$1,782 ...................
$45,268/$1,811 ...................
$46,192/$1,848 ...................
$47,357/$1,895
CWA ..........................
$25,000 ......................
$44,539 ...............................
$45,268 ...............................
$46,192 ...............................
$47,357
CWA ..........................
$25,000 ......................
$44,539 ...............................
$45,268 ...............................
$46,192 ...............................
$47,357
CWA ..........................
$100,000/$3,000 ........
$178,156/$5,345 .................
$181,071/$5,432 .................
$184,767/$5,543 .................
$189,427/$5,683
Marine Protection,
Research, and
Sanctuaries Act
(MPRSA).
MPRSA ......................
Certain Alaskan
Cruise Ship Operations (CACSO).
CACSO ......................
$600 ...........................
$1,187 .................................
$1,206 .................................
$1,231 .................................
$1,262
$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 ..................
$199,361/$262,982
$14,535/$36,334
$10,000/$125,000 ......
$13,669/$170,861 ...............
$13,893/$173,656 ...............
$14,177/$177,200 ...............
$14,535/$181,669
CACSO ......................
$25,000 ......................
$34,172 ...............................
$34,731 ...............................
$35,440 ...............................
$36,334
Act To Prevent Pollution From Ships
(APPS).
APPS .........................
Safe Drinking Water
Act (SDWA).
SDWA ........................
$25,000 ......................
$70,117 ...............................
$71,264 ...............................
$72,718 ...............................
$74,552
$5,000 ........................
$25,000 ......................
$14,023 ...............................
$53,907 ...............................
$14,252 ...............................
$54,789 ...............................
$14,543 ...............................
$55,907 ...............................
$14,910
$57,317
$25,000 ......................
$53,907 ...............................
$54,789 ...............................
$55,907 ...............................
$57,317
SDWA ........................
$5,000/$25,000 ..........
$10,781/$37,561 .................
$10,957/$38,175 .................
$11,181/$38,954 .................
$11,463/$39,936
SDWA ........................
$25,000 ......................
$37,561 ...............................
$38,175 ...............................
$38,954 ...............................
$39,936
SDWA ........................
$25,000 ......................
$53,907 ...............................
$54,789 ...............................
$55,907 ...............................
$57,317
SDWA ........................
$10,000/$125,000 ......
$21,563/$269,535 ...............
$21,916/$273,945 ...............
$22,363/$279,536 ...............
$22,927/$286,586
SDWA ........................
$5,000/$125,000 ........
$10,781/$269,535 ...............
$10,957/$273,945 ...............
$11,181/$279,536 ...............
$11,463/$286,586
SDWA
SDWA
SDWA
SDWA
SDWA
SDWA
........................
........................
........................
........................
........................
........................
$5,000/$10,000 ..........
$15,000 ......................
$100,000/$1,000,000
$2,500 ........................
$25,000 ......................
$25,000 ......................
$18,750/$40,000 .................
$22,537 ...............................
$131,185/$1,311,850 ..........
$9,375 .................................
$53,907 ...............................
$37,561 ...............................
$19,057/$40,654 .................
$22,906 ...............................
$133,331/$1,333,312 ..........
$9,528 .................................
$54,789 ...............................
$38,175 ...............................
$19,446/$41,484 .................
$23,374 ...............................
$136,052/$1,360,525 ..........
$9,722 .................................
$55,907 ...............................
$38,954 ...............................
$19,936/$42,530
$23,963
$139,483/$1,394,837
$9,967
$57,317
$39,936
SDWA ........................
Residential Lead–
Based Paint Hazard
Reduction Act of
1992.
Noise Control Act of
1972.
Resource Conservation and Recovery
Act (RCRA).
RCRA ........................
RCRA ........................
RCRA ........................
RCRA ........................
RCRA ........................
RCRA ........................
RCRA ........................
RCRA ........................
Clean Air Act (CAA) ..
CAA ...........................
CAA ...........................
CAA ...........................
CAA ...........................
CAA ...........................
Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA).
CERCLA ....................
CERCLA ....................
CERCLA ....................
CERCLA ....................
$5,000/$50,000 ..........
$10,000 ......................
$9,893/$98,935 ...................
$16,773 ...............................
$10,055/$100,554 ...............
$17,047 ...............................
$10,260/$102,606 ...............
$17,395 ...............................
$10,519/$105,194
$17,834
$10,000 ......................
$35,445 ...............................
$36,025 ...............................
$36,760 ...............................
$37,687
$25,000 ......................
$93,750 ...............................
$95,284 ...............................
$97,229 ...............................
$99,681
$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 ...............................
$60,039
$74,552
$60,039
$14,910
$14,910
$60,039
$24,017
$24,017
$99,681
$47,357/$378,852
$9,472
$47,357/$4,735
$378,852
$47,357
$57,317
$25,000 ......................
$25,000 ......................
$25,000/$75,000 ........
$25,000/$75,000 ........
$53,907 ...............................
$53,907 ...............................
$53,907/$161,721 ...............
$53,907/$161,721 ...............
$54,789 ...............................
$54,789 ...............................
$54,789/$164,367 ...............
$54,789/$164,367 ...............
$55,907 ...............................
$55,907 ...............................
$55,907/$167,722 ...............
$55,907/$167,722 ...............
$57,317
$57,317
$57,317/$171,952
$57,317/$171,952
33 U.S.C.
1319(g)(2)(A).
33 U.S.C.
1319(g)(2)(B).
33 U.S.C.
1321(b)(6)(B)(i).
33 U.S.C.
1321(b)(6)(B)(ii).
33 U.S.C.
1321(b)(7)(A).
33 U.S.C.
1321(b)(7)(B).
33 U.S.C.
1321(b)(7)(C).
33 U.S.C.
1321(b)(7)(D).
33 U.S.C. 1414b(d)(1)
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 U.S.C. 1908(b)(2)
42 U.S.C. 300g–3(b)
42 U.S.C. 300g–
3(g)(3)(A).
42 U.S.C. 300g–
3(g)(3)(B).
42 U.S.C. 300g–
3(g)(3)(C).
42 U.S.C. 300h–
2(b)(1).
42 U.S.C. 300h–
2(c)(1).
42 U.S.C. 300h–
2(c)(2).
42 U.S.C. 300h–3(c) ..
42 U.S.C. 300i(b) .......
42 U.S.C. 300i–1(c) ...
42 U.S.C. 300j(e)(2) ..
42 U.S.C. 300j–4(c) ...
42 U.S.C. 300j–
6(b)(2).
42 U.S.C. 300j–23(d)
42 U.S.C. 4852d(b)(5)
42 U.S.C. 4910(a)(2)
42 U.S.C. 6928(a)(3)
amozie on DSK3GDR082PROD with RULES
Statutory civil penalties for
violations that occurred
after November 2, 2015,
where penalties were assessed on or after August
1, 2016 but before January
15, 2017
42 U.S.C. 6928(c) ......
42 U.S.C. 6928(g) .....
42 U.S.C. 6928(h)(2)
42 U.S.C. 6934(e) .....
42 U.S.C. 6973(b) .....
42 U.S.C. 6991e(a)(3)
42 U.S.C. 6991e(d)(1)
42 U.S.C. 6991e(d)(2)
42 U.S.C. 7413(b) .....
42 U.S.C. 7413(d)(1)
42 U.S.C. 7413(d)(3)
42 U.S.C. 7524(a) .....
42 U.S.C. 7524(c)(1)
42 U.S.C. 7545(d)(1)
42 U.S.C.
9604(e)(5)(B).
42
42
42
42
U.S.C.
U.S.C.
U.S.C.
U.S.C.
9606(b)(1)
9609(a)(1)
9609(b) .....
9609(c) ......
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2060
Federal Register / Vol. 84, No. 25 / Wednesday, February 6, 2019 / Rules and Regulations
TABLE 2 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS—Continued
Statutory civil penalties for
violations that occurred
after November 2, 2015,
where penalties were 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 were 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 were assessed on or after January
15, 2018 but before January 15, 2019
Statutory civil penalties for
violations that occurred
after November 2, 2015,
where penalties are assessed on or after January
15, 2019
U.S. Code citation
Environmental statute
Statutory civil penalties, as enacted
42 U.S.C. 11045(a) ...
Emergency Planning
and Community
Right-To-Know Act
(EPCRA).
EPCRA ......................
$25,000 ......................
$53,907 ...............................
$54,789 ...............................
$55,907 ...............................
$57,317
$25,000 ......................
$53,907 ...............................
$54,789 ...............................
$55,907 ...............................
$57,317
EPCRA ......................
EPCRA ......................
EPCRA ......................
EPCRA ......................
EPCRA ......................
Mercury-Containing
and Rechargeable
Battery Management Act (Battery
Act).
Battery Act .................
$25,000/$75,000 ........
$25,000/$75,000 ........
$25,000 ......................
$10,000 ......................
$25,000 ......................
$10,000 ......................
$53,907/$161,721 ...............
$53,907/$161,721 ...............
$53,907 ...............................
$21,563 ...............................
$53,907 ...............................
$15,025 ...............................
$54,789/$164,367 ...............
$54,789/$164,367 ...............
$54,789 ...............................
$21,916 ...............................
$54,789 ...............................
$15,271 ...............................
$55,907/$167,722 ...............
$55,907/$167,722 ...............
$55,907 ...............................
$22,363 ...............................
$55,907 ...............................
$15,583 ...............................
$57,317/$171,952
$57,317/$171,952
$57,317
$22,927
$57,317
$15,976
$10,000 ......................
$15,025 ...............................
$15,271 ...............................
$15,583 ...............................
$15,976
42 U.S.C.
11045(b)(1)(A).
42 U.S.C. 11045(b)(2)
42 U.S.C. 11045(b)(3)
42 U.S.C. 11045(c)(1)
42 U.S.C. 11045(c)(2)
42 U.S.C.11045(d)(1)
42 U.S.C. 14304(a)(1)
42 U.S.C. 14304(g) ...
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. 2019–00785 Filed 2–5–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2013–0492; FRL–9989–03–
Region 3]
amozie on DSK3GDR082PROD with RULES
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Interstate Transport
Requirements for the 2010 1-Hour
Sulfur Dioxide Standard
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Joseph Schulingkamp, (215) 814–2021,
or by email at schulingkamp.joseph@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 29, 2013, Delaware
AGENCY: Environmental Protection
submitted, through the Delaware
Agency (EPA).
Department of Natural Resources and
Environmental Control (DNREC), a
ACTION: Final rule.
revision to its SIP to satisfy the
SUMMARY: The Environmental Protection infrastructure requirements of section
Agency (EPA) is approving the
110(a)(2) of the CAA for the 2010 1-hour
remaining portions of a state
SO2 NAAQS, including the interstate
implementation plan (SIP) revision
transport requirements of section
submitted by the State of Delaware. This 110(a)(2)(D)(i)(I). On January 22, 2014
revision addresses the infrastructure
(79 FR 3506), EPA approved Delaware’s
requirement for interstate transport of
infrastructure SIP submittal for the 2010
pollution with respect to the 2010
1-hour SO2 NAAQS for all applicable
1-hour sulfur dioxide (SO2) national
elements of section 110(a)(2) with the
ambient air quality standard (NAAQS).
exception of 110(a)(2)(D)(i)(I). On
This action is being taken under the
August 8, 2018 (83 FR 39035), EPA
Clean Air Act (CAA).
published a notice of proposed
DATES: This final rule is effective on
rulemaking (NPRM) approving the
March 8, 2019.
portion of Delaware’s SIP addressing the
ADDRESSES: EPA has established a
interstate transport requirements of
docket for this action under Docket ID
section 110(a)(2)(D)(i)(I) for the 2010
Number EPA–R03–OAR–2013–0492. All 1-hour SO2 NAAQS. For more
documents in the docket are listed on
information on SO2 pollution, EPA’s
the https://www.regulations.gov website. infrastructure requirements, and
Although listed in the index, some
interstate transport requirements, see
information is not publicly available,
Section I of the August 8, 2018 NPRM.
e.g., confidential business information
II. Summary of SIP Revision and EPA’s
(CBI) or other information whose
Analysis
disclosure is restricted by statute.
Certain other material, such as
The portions of Delaware’s May 29,
copyrighted material, is not placed on
2013 SIP submittal addressing interstate
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transport (for section 110(a)(2)(D)(i)(I))
discuss how Delaware does not
significantly contribute with respect to
the 2010 1-hour SO2 NAAQS to
nonattainment in, or interfere with
maintenance in, any other state and
discusses prevailing wind direction in
the region. Delaware described in its
submittal several existing SIP-approved
measures and other federally
enforceable source-specific measures,
pursuant to permitting requirements
under the CAA, that apply to SO2
sources within the State.
After evaluating the information on
emissions, monitoring data, and
meteorological data, EPA concluded
that the level of SO2 emissions in
Delaware is primarily due to point
sources, which have substantially and
permanently reduced SO2 emissions in
the past five years. Additionally, the
historical and recent data from SO2
monitors in close proximity to
Delaware’s borders support the
conclusion that emissions from point
sources in Delaware have been
substantially reduced and are not
impacting neighboring states. Based on
this information, EPA agreed with
Delaware’s general conclusion that the
existing Delaware SIP is adequate to
prevent sources in Delaware from
significantly contributing to
nonattainment or interfering with
maintenance in another state with
respect to the 2010 1-hour SO2 NAAQS.
A detailed summary of EPA’s review
and rationale for our approval of this
SIP revision as meeting CAA section
110(a)(2)(D)(i)(I) for the 2010 1-hour SO2
NAAQS may be found in EPA’s
technical support document (TSD)
(docket number: EPA–R03–OAR–2013–
0492) and will not be restated here.
E:\FR\FM\06FER1.SGM
06FER1
]]>Agencies
[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Rules and Regulations]
[Pages 2056-2060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00785]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 19
[FRL-9988-90-OAR-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 the maximum (or minimum) 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 the statutory maximum
(or minimum) amount of 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 on 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 February 6, 2019, and applicable
beginning January 15, 2019.
FOR FURTHER INFORMATION, CONTACT: David Smith-Watts, Office of Civil
Enforcement, Office of Enforcement and Compliance Assurance, Mail Code
2241A, Environmental Protection Agency, 1200 Pennsylvania Avenue NW,
Washington, DC 20460, telephone number: (202) 564-4083; smith-watts.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Since 1990, federal agencies have been required to issue
regulations adjusting for inflation the statutory civil penalties \1\
that can be imposed under the laws administered by that agency. The
Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of 1996 (DCIA), required agencies
to review their statutory civil penalties every 4 years, and to adjust
the statutory civil penalty amounts for inflation if the increase met
the DCIA's adjustment methodology. In accordance with the DCIA, EPA
reviewed and, as appropriate, adjusted the civil penalty levels under
each of the statutes the agency implements in 1996 (61 FR 69360), 2004
(69 FR 7121), 2008 (73 FR 75340), and 2013 (78 FR 66643).
---------------------------------------------------------------------------
\1\ The Federal Civil Penalties Inflation Adjustment Act of
1990, Public Law 101-410, 28 U.S.C. 2461 note, defines ``civil
monetary penalty'' as ``any penalty, fine, or other sanction that--
(A)(i) is for a specific monetary amount as provided by Federal law;
or (ii) has a maximum amount provided for by Federal law; and (B) is
assessed or enforced by an agency pursuant to Federal law; and (C)
is assessed or enforced pursuant to an administrative proceeding or
a civil action in the Federal courts.''
---------------------------------------------------------------------------
The 2015 Act \2\ required each federal agency to adjust the level
of statutory civil penalties under the laws implemented by that agency
with an initial ``catch-up'' adjustment through an interim final
rulemaking. The 2015 Act also required federal agencies, beginning on
January 15, 2017, to make subsequent annual adjustments for inflation.
Section 4 of the 2015 Act requires each federal agency to publish these
annual adjustments by January 15 of each year. 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). EPA made its
first annual adjustment on January 12, 2017, which was effective on
January 15, 2017 (82 FR 3633). EPA made its second annual adjustment on
January 10, 2018, which was effective on January 15, 2018 (83 FR 1190).
Today's rule implements the third annual adjustment mandated by the
2015 Act.
The 2015 Act describes the method for calculating the adjustments.
Each statutory maximum and minimum \3\ civil monetary penalty is
multiplied by the cost-of-living adjustment, which is
[[Page 2057]]
the percentage by which the Consumer Price Index for all Urban
Consumers (CPI-U) for the month of October 2018 exceeds the CPI-U for
the month of October 2017.\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.
\4\ Current and historical CPI-U's can be found on the Bureau of
Labor Statistics' website here: https://www.bls.gov/cpi/tables/supplemental-files/historical-cpi-u-201810.pdf.
---------------------------------------------------------------------------
With this rule, the new statutory maximum and minimum penalty
levels listed in the seventh column of Table 2 of 40 CFR 19.4 will
apply to all civil penalties assessed on or after February 6, 2019, for
violations that occurred after November 2, 2015, the date the 2015 Act
was enacted. The former maximum and minimum statutory civil penalty
levels, which are in the sixth 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, 2018 but
before February 6, 2019. 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 cost-of-living or inflation
adjustment to statutory civil penalties consists of the following
steps:
Step 1: The cost-of-living adjustment multiplier for 2019 is the
percentage by which the CPI-U of October 2018 (252.885) exceeds the
CPI-U for the month of October 2017 (246.663), which is 1.02522.\5\
Multiply 1.02522 by the current penalty amount. This is the raw
adjusted penalty value.
---------------------------------------------------------------------------
\5\ Section 5(b) of the 2015 Act states ``. . . the term `cost-
of-living adjustment' means the percentage (if any) for each civil
monetary penalty by which-
(A) the Consumer Price Index for the month of October preceding
the date of the adjustment, exceeds
(B) the Consumer Price Index for the month of October 1 year
before the month of October referred to in subparagraph (A).''
Because the CPI-U for October 2018 is 252.885 and the CPI-U for
October 2017 is 246.663, the cost-of-living multiplier is 1.02522
(252.885 divided by 246.663).
---------------------------------------------------------------------------
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
Pursuant to section 4 of the 2015 Act, each federal agency is
required to publish the next annual adjustments no later than January
15, 2019. However, due to the government shutdown from December 22,
2018, to January 25, 2019, EPA and the Office of Federal Register were
unable to publish the rule by the January 15, 2019 deadline.
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. Consistent with the language of the 2015 Act, this
rule is not subject to notice and an opportunity for public comment and
will be effective on February 6, 2019.
III. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www.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 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.
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.
Thus, Executive Order 13175 does not apply to this action.
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.
[[Page 2058]]
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].'' 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: December 21, 2018.
Andrew R. Wheeler,
Acting 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 on or after January 15, 2017 but before January 15, 2018.
The statutory civil penalty levels set forth in the sixth 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 January
15, 2018 but before February 6, 2019. The statutory civil penalty
levels set forth in the seventh 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 on or after February 6, 2019.
0
3. In Sec. 19.4, revise the introductory text and table 2 of section
19.4 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
where penalties were assessed on or after January 15, 2017 but before
January 15, 2018, for violations that occurred after November 2, 2015.
The sixth column displays the operative statutory civil penalty levels
where penalties were assessed on or after January 15, 2018 but before
January 15, 2019, for violations that occurred after November 2, 2015.
The seventh and last column displays the operative statutory civil
penalty levels where penalties are assessed on or after January 15,
2019, 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
Statutory civil penalties for penalties for Statutory civil
penalties for violations that violations that penalties for
violations that occurred after occurred after violations that
Statutory civil occurred after November 2, 2015, November 2, 2015, occurred after
U.S. Code citation Environmental penalties, as November 2, 2015, where penalties where penalties November 2, 2015,
statute enacted where penalties were assessed on were assessed on where penalties
were assessed on or after January or after January are assessed on or
or after August 1, 15, 2017 but 15, 2018 but after January 15,
2016 but before before January 15, before January 15, 2019
January 15, 2017 2018 2019
--------------------------------------------------------------------------------------------------------------------------------------------------------
7 U.S.C. 136l.(a)(1)............ Federal $5,000............ $18,750........... $19,057........... $19,446........... $19,936
Insecticide,
Fungicide, and
Rodenticide Act
(FIFRA).
7 U.S.C. 136l.(a)(2)\1\......... FIFRA............. $1,000/$500/$1,000 $2,750/$1,772/ $2,795/$1,801/ $2,852/$1,838/ $2,924/$1,884/
$2,750. $2,795. $2,852. $2,924
15 U.S.C. 2615(a)(1)............ Toxic Substances $25,000........... $37,500........... $38,114........... $38,892........... $39,873
Control Act
(TSCA).
15 U.S.C. 2647(a)............... TSCA.............. $5,000............ $10,781........... $10,957........... $11,181........... $11,463
15 U.S.C. 2647(g)............... TSCA.............. $5,000............ $8,908............ $9,054............ $9,239............ $9,472
31 U.S.C. 3802(a)(1)............ Program Fraud $5,000............ $10,781........... $10,957........... $11,181........... $11,463
Civil Remedies
Act (PFCRA).
31 U.S.C. 3802(a)(2)............ PFCRA............. $5,000............ $10,781........... $10,957........... $11,181........... $11,463
[[Page 2059]]
33 U.S.C. 1319(d)............... Clean Water Act $25,000........... $51,570........... $52,414........... $53,484........... $54,833
(CWA).
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... $21,933/$54,833
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.. $21,933/$274,159
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... $18,943/$47,357
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.. $18,943/$236,783
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.... $47,357/$1,895
33 U.S.C. 1321(b)(7)(B)......... CWA............... $25,000........... $44,539........... $45,268........... $46,192........... $47,357
33 U.S.C. 1321(b)(7)(C)......... CWA............... $25,000........... $44,539........... $45,268........... $46,192........... $47,357
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... $189,427/$5,683
33 U.S.C. 1414b(d)(1)........... Marine Protection, $600.............. $1,187............ $1,206............ $1,231............ $1,262
Research, 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. $199,361/$262,982
33 U.S.C. 1901 note (see Certain Alaskan $10,000/$25,000... $13,669/$34,172... $13,893/$34,731... $14,177$35,440.... $14,535/$36,334
1409(a)(2)(A)). Cruise Ship
Operations
(CACSO).
33 U.S.C. 1901 note (see CACSO............. $10,000/$125,000.. $13,669/$170,861.. $13,893/$173,656.. $14,177/$177,200.. $14,535/$181,669
1409(a)(2)(B)).
33 U.S.C. 1901 note (see CACSO............. $25,000........... $34,172........... $34,731........... $35,440........... $36,334
1409(b)(1)).
33 U.S.C. 1908(b)(1)............ Act To Prevent $25,000........... $70,117........... $71,264........... $72,718........... $74,552
Pollution From
Ships (APPS).
33 U.S.C. 1908(b)(2)............ APPS.............. $5,000............ $14,023........... $14,252........... $14,543........... $14,910
42 U.S.C. 300g-3(b)............. Safe Drinking $25,000........... $53,907........... $54,789........... $55,907........... $57,317
Water Act (SDWA).
42 U.S.C. 300g-3(g)(3)(A)....... SDWA.............. $25,000........... $53,907........... $54,789........... $55,907........... $57,317
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... $11,463/$39,936
42 U.S.C. 300g-3(g)(3)(C)....... SDWA.............. $25,000........... $37,561........... $38,175........... $38,954........... $39,936
42 U.S.C. 300h-2(b)(1).......... SDWA.............. $25,000........... $53,907........... $54,789........... $55,907........... $57,317
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.. $22,927/$286,586
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.. $11,463/$286,586
42 U.S.C. 300h-3(c)............. SDWA.............. $5,000/$10,000.... $18,750/$40,000... $19,057/$40,654... $19,446/$41,484... $19,936/$42,530
42 U.S.C. 300i(b)............... SDWA.............. $15,000........... $22,537........... $22,906........... $23,374........... $23,963
42 U.S.C. 300i-1(c)............. SDWA.............. $100,000/ $131,185/ $133,331/ $136,052/ $139,483/
$1,000,000. $1,311,850. $1,333,312. $1,360,525. $1,394,837
42 U.S.C. 300j(e)(2)............ SDWA.............. $2,500............ $9,375............ $9,528............ $9,722............ $9,967
42 U.S.C. 300j-4(c)............. SDWA.............. $25,000........... $53,907........... $54,789........... $55,907........... $57,317
42 U.S.C. 300j-6(b)(2).......... SDWA.............. $25,000........... $37,561........... $38,175........... $38,954........... $39,936
42 U.S.C. 300j-23(d)............ SDWA.............. $5,000/$50,000.... $9,893/$98,935.... $10,055/$100,554.. $10,260/$102,606.. $10,519/$105,194
42 U.S.C. 4852d(b)(5)........... Residential Lead- $10,000........... $16,773........... $17,047........... $17,395........... $17,834
Based Paint
Hazard Reduction
Act of 1992.
42 U.S.C. 4910(a)(2)............ Noise Control Act $10,000........... $35,445........... $36,025........... $36,760........... $37,687
of 1972.
42 U.S.C. 6928(a)(3)............ Resource $25,000........... $93,750........... $95,284........... $97,229........... $99,681
Conservation and
Recovery Act
(RCRA).
42 U.S.C. 6928(c)............... RCRA.............. $25,000........... $56,467........... $57,391........... $58,562........... $60,039
42 U.S.C. 6928(g)............... RCRA.............. $25,000........... $70,117........... $71,264........... $72,718........... $74,552
42 U.S.C. 6928(h)(2)............ RCRA.............. $25,000........... $56,467........... $57,391........... $58,562........... $60,039
42 U.S.C. 6934(e)............... RCRA.............. $5,000............ $14,023........... $14,252........... $14,543........... $14,910
42 U.S.C. 6973(b)............... RCRA.............. $5,000............ $14,023........... $14,252........... $14,543........... $14,910
42 U.S.C. 6991e(a)(3)........... RCRA.............. $25,000........... $56,467........... $57,391........... $58,562........... $60,039
42 U.S.C. 6991e(d)(1)........... RCRA.............. $10,000........... $22,587........... $22,957........... $23,426........... $24,017
42 U.S.C. 6991e(d)(2)........... RCRA.............. $10,000........... $22,587........... $22,957........... $23,426........... $24,017
42 U.S.C. 7413(b)............... Clean Air Act $25,000........... $93,750........... $95,284........... $97,229........... $99,681
(CAA).
42 U.S.C. 7413(d)(1)............ CAA............... $25,000/$200,000.. $44,539/$356,312.. $45,268/$362,141.. $46,192/$369,532.. $47,357/$378,852
42 U.S.C. 7413(d)(3)............ CAA............... $5,000............ $8,908............ $9,054............ $9,239............ $9,472
42 U.S.C. 7524(a)............... CAA............... $25,000/$2,500.... $44,539/$4,454.... $45,268/$4,527.... $46,192/$4,619.... $47,357/$4,735
42 U.S.C. 7524(c)(1)............ CAA............... $200,000.......... $356,312.......... $362,141.......... $369,532.......... $378,852
42 U.S.C. 7545(d)(1)............ CAA............... $25,000........... $44,539........... $45,268........... $46,192........... $47,357
42 U.S.C. 9604(e)(5)(B)......... Comprehensive $25,000........... $53,907........... $54,789........... $55,907........... $57,317
Environmental
Response,
Compensation, and
Liability Act
(CERCLA).
42 U.S.C. 9606(b)(1)............ CERCLA............ $25,000........... $53,907........... $54,789........... $55,907........... $57,317
42 U.S.C. 9609(a)(1)............ CERCLA............ $25,000........... $53,907........... $54,789........... $55,907........... $57,317
42 U.S.C. 9609(b)............... CERCLA............ $25,000/$75,000... $53,907/$161,721.. $54,789/$164,367.. $55,907/$167,722.. $57,317/$171,952
42 U.S.C. 9609(c)............... CERCLA............ $25,000/$75,000... $53,907/$161,721.. $54,789/$164,367.. $55,907/$167,722.. $57,317/$171,952
[[Page 2060]]
42 U.S.C. 11045(a).............. Emergency Planning $25,000........... $53,907........... $54,789........... $55,907........... $57,317
and Community
Right-To-Know Act
(EPCRA).
42 U.S.C. 11045(b)(1)(A)........ EPCRA............. $25,000........... $53,907........... $54,789........... $55,907........... $57,317
42 U.S.C. 11045(b)(2)........... EPCRA............. $25,000/$75,000... $53,907/$161,721.. $54,789/$164,367.. $55,907/$167,722.. $57,317/$171,952
42 U.S.C. 11045(b)(3)........... EPCRA............. $25,000/$75,000... $53,907/$161,721.. $54,789/$164,367.. $55,907/$167,722.. $57,317/$171,952
42 U.S.C. 11045(c)(1)........... EPCRA............. $25,000........... $53,907........... $54,789........... $55,907........... $57,317
42 U.S.C. 11045(c)(2)........... EPCRA............. $10,000........... $21,563........... $21,916........... $22,363........... $22,927
42 U.S.C.11045(d)(1)............ EPCRA............. $25,000........... $53,907........... $54,789........... $55,907........... $57,317
42 U.S.C. 14304(a)(1)........... Mercury-Containing $10,000........... $15,025........... $15,271........... $15,583........... $15,976
and Rechargeable
Battery
Management Act
(Battery Act).
42 U.S.C. 14304(g).............. Battery Act....... $10,000........... $15,025........... $15,271........... $15,583........... $15,976
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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. 2019-00785 Filed 2-5-19; 8:45 am]
BILLING CODE 6560-50-P
