Civil Monetary Penalty Inflation Adjustment, 89309-89313 [2023-28555]
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Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Rules and Regulations
benefits of available regulatory
alternatives and, when regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, and other advantages;
distributive impacts; and equity). E.O.
13563 (Improving Regulation and
Regulatory Review) emphasizes the
importance of quantifying both costs
and benefits, reducing costs,
harmonizing rules, and promoting
flexibility. E.O. 14094 (Executive Order
on Modernizing Regulatory Review)
supplements and reaffirms the
principles, structures, and definitions
governing contemporary regulatory
review established in E.O. 12866 of
September 30, 1993 (Regulatory
Planning and Review), and E.O. 13563
of January 18, 2011 (Improving
Regulation and Regulatory Review). The
Office of Information and Regulatory
Affairs has determined that this
rulemaking is not a significant
regulatory action under E.O. 12866, as
amended by E.O. 14094. The Regulatory
Impact Analysis associated with this
rulemaking can be found as a
supporting document at
www.regulations.gov.
Regulatory Flexibility Act (RFA)
The Regulatory Flexibility Act, 5
U.S.C. 601–612, is not applicable to this
rulemaking because notice of proposed
rulemaking is not required. 5 U.S.C.
601(2), 603(a), 604(a).
Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
one year. This final rule will have no
such effect on State, local, and tribal
governments, or on the private sector.
ddrumheller on DSK120RN23PROD with RULES1
Paperwork Reduction Act (PRA)
This final rule contains no provisions
constituting a collection of information
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3521).
Assistance Listing
The Assistance Listing numbers and
titles for the programs affected by this
document are 64.104, Pension for NonService-Connected Disability for
Veterans; 64.109, Veterans
Compensation for Service-Connected
Disability; and 64.110, Veterans
Dependency and Indemnity
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Compensation for Service-Connected
Death.
Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), the Office of
Information and Regulatory Affairs
designated this rule as not a major rule,
as defined by 5 U.S.C. 804(2).
List of Subjects in 38 CFR Part 4
Disability benefits.
Signing Authority
Denis McDonough, Secretary of
Veterans Affairs, signed and approved
this document on December 18, 2023,
and authorized the undersigned to sign
and submit the document to the Office
of the Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Luvenia Potts,
Regulation Development Coordinator, Office
of Regulation Policy & Management, Office
of General Counsel, Department of Veterans
Affairs.
For the reasons stated in the preamble,
VA adopts as final the interim final rule
published on April 14, 2023, at 88 FR
22914.
■
[FR Doc. 2023–28241 Filed 12–26–23; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 19
[FRL–5906.8–01–OECA]
Civil Monetary Penalty Inflation
Adjustment
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
(and minimum) statutory civil monetary
penalty amounts under the statutes the
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 (and minimum)
amount of civil monetary penalties to
reflect inflation, maintain the deterrent
effect of statutory civil monetary
penalties, and promote compliance with
the law. The rule does not establish
specific civil monetary penalty amounts
SUMMARY:
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89309
the EPA may seek in particular cases.
The EPA calculates those amounts, as
appropriate, based on the facts of
particular cases and applicable agency
penalty policies. The EPA’s civil
penalty policies, which guide
enforcement personnel on how to
exercise the EPA’s discretion within
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 the violator’s
ability to pay.
DATES: This final rule is effective
December 27, 2023.
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
The 2015 Act 1 requires each Federal
agency to adjust the statutory civil
monetary penalties under the laws
implemented by that agency annually,
to account for inflation. Section 4 of the
2015 Act requires each Federal agency
to publish these adjustments by January
15 of each year. The purpose of the 2015
Act is to maintain the deterrent effect of
civil monetary penalties by translating
originally enacted statutory civil penalty
amounts to today’s dollars and rounding
statutory civil penalties to the nearest
dollar.
Since January 15, 2017, the EPA has
made seven annual adjustments: (1) on
January 12, 2017, effective on January
15, 2017 (82 FR 3633); (2) on January 10,
2018, effective on January 15, 2018 (83
FR 1190); (3) on February 6, 2019,
effective the same day (84 FR 2056),
with a subsequent correction on
February 25, 2019 (84 FR 5955); (4) on
January 13, 2020, effective the same day
(85 FR 1751); (5) on December 23, 2020,
effective the same day (85 FR 83818); (6)
on January 12, 2022, effective the same
day (87 FR 1676); and (7) on January 6,
2023, effective the same day (88 FR
986). This rule implements the eighth
annual adjustment mandated by the
2015 Act.
1 The Federal Civil Penalties Inflation Adjustment
Act Improvements Act of 2015 (Section 701 of Pub.
L.114–74) was signed into law on November 2,
2015, and amended the Federal Civil Penalties
Inflation Adjustment Act of 1990.
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The 2015 Act provides a formula for
calculating the adjustments. Each
statutory maximum and minimum 2
civil monetary penalty, as currently
adjusted, is multiplied by the cost-ofliving adjustment multiplier, which is
the percentage by which the Consumer
Price Index for all Urban Consumers
(CPI–U) for the month of October 2023
exceeds the CPI–U for the month of
October 2022.3
With this rule, the new statutory
maximum and minimum penalty levels
listed in the third column of Table 1 of
40 CFR 19.4 will apply to all civil
monetary penalties assessed on or after
December 27, 2023, for violations that
occurred after November 2, 2015, the
date the 2015 Act was enacted. The
former maximum and minimum
statutory civil monetary penalty levels,
which are in the fourth column of Table
1 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 6,
2023, but before December 27, 2023.
The statutory civil monetary penalty
levels that apply to violations that
occurred on or before November 2,
2015, are codified at Table 2 to 40 CFR
19.4. The fifth column of Table 1 and
the seventh column of Table 2 display
the statutory civil monetary penalty
levels as originally enacted.
The formula for determining the costof-living or inflation adjustment to
statutory civil monetary penalties
consists of the following steps:
Step 1: The cost-of-living adjustment
multiplier for 2024 is the percentage by
which the CPI–U of October 2023
(307.671) exceeds the CPI–U for the
month of October 2022 (298.012), which
is 1.03241.4 Multiply 1.03241 by the
2 Under Section 3(2)(A) of the 2015 Act, a ‘‘‘civil
monetary penalty’ [is] any penalty, fine or other
sanction that is for a specific monetary amount as
provided by Federal law; or has a maximum
amount provided for by Federal law.’’ EPAadministered 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)(A) of the Marine Protection, Research,
and Sanctuaries Act, 33 U.S.C. 1414b(d)(1)(A),
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.
3 Current and historical CPI–U’s can be found on
the Bureau of Labor Statistics’ websites here:
https://www.bls.gov/cpi/tables/supplemental-files/
historical-cpi-u-202309.pdf and https://
www.bls.gov/news.release/pdf/cpi.pdf.
4 Section 5(b) of the 2015 Act provides that the
term ‘‘cost-of-living adjustment’’ means the
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15:06 Dec 26, 2023
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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
Procedure Act
Pursuant to section 4 of the 2015 Act,
each Federal agency is required to
publish adjustments no later than
January 15 each year. In accordance
with section 553 of the Administrative
Procedure Act (APA), 5 U.S.C. 553, 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
December 27, 2023.
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 14094: Modernizing Regulatory
Review
This action is not a significant
regulatory action as defined in
Executive Order 12866, as amended by
Executive Order 14094, and was
therefore not subject to a requirement
for Executive Order 12866 review.
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA. This rule merely increases the
level of statutory civil monetary
penalties that can be imposed in the
context of a Federal civil administrative
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 2023 is 307.671
and the CPI–U for October 2022 is 298.012, the costof-living multiplier is 1.03241 (307.671 divided by
298.012).
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enforcement action or civil judicial case
for violations of EPA-administered
statutes and their implementing
regulations.
C. Regulatory Flexibility Act (RFA)
This action is not subject to the RFA.
The RFA applies only to rules subject to
notice and comment rulemaking
requirements under the Administrative
Procedure Act (APA), 5 U.S.C. 553, or
any other statute. Because the 2015 Act
directs Federal agencies to publish this
rule notwithstanding section 553 of the
APA, this rule is not subject to notice
and comment requirements or the RFA.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action is required by
the 2015 Act, without the exercise of
any policy discretion by the 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, the
EPA has no policy discretion to vary the
amount of the adjustment.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have a
substantial direct effect on the States, on
the relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have Tribal
implications as specified in Executive
Order 13175. This rule merely
reconciles the real value of current
statutory civil monetary penalty levels
to reflect and keep pace with the levels
originally set by Congress when the
statutes were enacted or amended. The
calculation of the increases is formuladriven and prescribed by statute, and
the 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.
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G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
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. Since this action does
not concern human health, EPA’s Policy
on Children’s Health also does not
apply.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
The rulemaking does not involve
technical standards.
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K. Congressional Review Act (CRA)
This action is subject to the CRA, and
the 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 EPA finds
that the APA’s notice and comment
rulemaking procedures are unnecessary
because the 2015 Act directs Federal
agencies to publish their annual penalty
inflation adjustments ‘‘notwithstanding
section 553 [of the APA].’’
List of Subjects in 40 CFR Part 19
Environmental protection,
Administrative practice and procedure,
Penalties.
For the reasons set out in the
preamble, the EPA amends title 40,
chapter I, part 19 of the Code of Federal
Regulations as follows:
PART 19—ADJUSTMENT OF CIVIL
MONETARY PENALTIES FOR
INFLATION
1. The authority citation for part 19
continues to read as follows:
■
Authority: Pub. L. 101–410, Oct. 5, 1990,
104 Stat. 890, as amended by Pub. L. 104–
134, title III, sec. 31001(s)(1), Apr. 26, 1996,
110 Stat. 1321–373; Pub. L. 105–362, title
XIII, sec. 1301(a), Nov. 10, 1998, 112 Stat.
3293; Pub. L. 114–74, title VII, sec. 701(b),
Nov. 2, 2015, 129 Stat. 599.
■
2. Revise § 19.2 to read as follows:
§ 19.2
Effective date.
(a) The statutory civil monetary
penalty levels set forth in the third
column of Table 1 of § 19.4 apply to all
violations which occur or occurred after
November 2, 2015, where the penalties
are assessed on or after December 27,
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2023. The statutory civil monetary
penalty levels set forth in the fourth
column of Table 1 of § 19.4 apply to all
violations which occurred after
November 2, 2015, where the penalties
were assessed on or after January 6,
2023, but before December 27, 2023.
(b) The statutory monetary penalty
levels in the third column of Table 2 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 monetary penalty levels set forth in
the fourth column of Table 2 of § 19.4
apply to all violations which occurred
after January 12, 2009, through
December 6, 2013. The statutory civil
monetary penalty levels set forth in the
fifth column of Table 2 of § 19.4 apply
to all violations which occurred after
March 15, 2004, through January 12,
2009. The statutory civil monetary
penalty levels set forth in the sixth
column of Table 2 of § 19.4 apply to all
violations which occurred after January
30, 1997, through March 15, 2004.
3. Revise the section heading,
introductory text, and Table 1 of § 19.4
to read as follows:
■
Michael S. Regan,
Administrator.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations and Executive
Order 14096: Revitalizing Our Nation’s
Commitment to Environmental Justice
for All
The EPA believes that this type of
action does not concern human health
or environmental conditions and
therefore cannot be evaluated with
respect to potentially disproportionate
and adverse effects on communities
with environmental justice concerns. As
mandated by the 2015 Act, this rule
adjusts for inflation the statutory civil
monetary penalty amounts of the
statutes administered by the EPA.
EPA acknowledges that the annual
mandatory increase in civil penalty
amounts to account for inflation may
result in further deterrents of
environmental violations that may
trigger civil penalties. Deterring
violations has the benefit of promoting
the overarching purpose of
VerDate Sep<11>2014
environmental enforcement and may
have a positive impact on the human
health or environment of all populations
including communities with
environmental justice concerns.
89311
Sfmt 4700
§ 19.4 Statutory civil monetary penalties,
as adjusted for inflation, and tables.
Table 1 of this section sets out the
statutory civil monetary penalty
provisions of statutes administered by
the EPA, with the third column setting
out the latest operative statutory civil
monetary penalty levels for violations
that occur or occurred after November 2,
2015, where penalties are assessed on or
after December 27, 2023. The fourth
column displays the operative statutory
civil monetary penalty levels where
penalties were assessed on or after
January 6, 2023, but before December
27, 2023. Table 2 of this section sets out
the statutory civil monetary penalty
provision of statutes administered by
the EPA, with the operative statutory
civil monetary 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.
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TABLE 1 OF § 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS
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 ...........................................................
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
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)(A) .................
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) ......................
42 U.S.C. 4910(a)(2) ........................
42 U.S.C. 6928(a)(3) ........................
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Statutory civil monetary
penalties for violations
that occur or occurred
after November 2, 2015,
where penalties are
assessed on or after
December 27, 2023
42
42
42
42
42
42
42
42
42
42
42
42
42
42
42
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
6928(c) ............................
6928(g) ............................
6928(h)(2) ........................
6934(e) ............................
6973(b) ............................
6991e(a)(3) ......................
6991e(d)(1) ......................
6991e(d)(2) ......................
7413(b) ............................
7413(d)(1) ........................
7413(d)(3) ........................
7524(a) ............................
7524(c)(1) ........................
7545(d)(1) ........................
9604(e)(5)(B) ...................
42
42
42
42
42
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
9606(b)(1) ........................
9609(a)(1) ........................
9609(b) ............................
9609(c) ............................
11045(a) ..........................
42 U.S.C. 11045(b)(1)(A) .................
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15:06 Dec 26, 2023
Statutory civil monetary
penalties for violations
that occurred after
November 2, 2015,
where penalties were
assessed on or after
January 6, 2023, but
before December 27,
2023
Statutory civil monetary
penalties, as enacted
$24,255
$23,494
$5,000
3,558/2,293/3,558
48,512
3,446/2,221/3,446
46,989
1,000/500/1,000
25,000
13,946
11,524
13,946
13,508
11,162
13,508
5,000
5,000
5,000
13,946
66,712
26,685/66,712
26,685/333,552
23,048/57,617
23,048/288,080
57,617/2,304
57,617
57,617
230,464/6,913
1,535
13,508
64,618
25,847/64,618
25,847/323,081
22,324/55,808
22,324/279,036
55,808/2,232
55,808
55,808
223,229/6,696
1,487
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
242,550/319,953
17,683/44,206
234,936/309,909
17,128/42,818
50,000/125,000
10,000/25,000
17,683/221,026
17,128/214,087
10,000/125,000
CACSO ...........................................................
44,206
42,818
25,000
ACT TO PREVENT POLLUTION FROM
SHIPS (APPS).
APPS ..............................................................
SAFE DRINKING WATER ACT (SDWA) ......
SDWA .............................................................
SDWA .............................................................
SDWA .............................................................
SDWA .............................................................
SDWA .............................................................
SDWA .............................................................
SDWA .............................................................
SDWA .............................................................
SDWA .............................................................
SDWA .............................................................
SDWA .............................................................
SDWA .............................................................
SDWA .............................................................
RESIDENTIAL LEAD–BASED PAINT HAZARD REDUCTION ACT OF 1992.
NOISE CONTROL ACT OF 1972 ..................
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA).
RCRA .............................................................
RCRA .............................................................
RCRA .............................................................
RCRA .............................................................
RCRA .............................................................
RCRA .............................................................
RCRA .............................................................
RCRA .............................................................
CLEAN AIR ACT (CAA) .................................
CAA ................................................................
CAA ................................................................
CAA ................................................................
CAA ................................................................
CAA ................................................................
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA).
CERCLA .........................................................
CERCLA .........................................................
CERCLA .........................................................
CERCLA .........................................................
EMERGENCY PLANNING AND COMMUNITY RIGHT–TO–KNOW ACT (EPCRA).
EPCRA ...........................................................
90,702
87,855
25,000
18,139
69,733
69,733
13,946/48,586
48,586
69,733
27,894/348,671
13,946/348,671
24,255/51,744
29,154
169,700/1,697,012
12,127
69,733
48,586
12,799/127,983
21,699
17,570
67,544
67,544
13,508/47,061
47,061
67,544
27,018/337,725
13,508/337,725
23,494/50,120
28,239
164,373/1,643,738
11,746
67,544
47,061
12,397/123,965
21,018
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
45,850
121,275
44,411
117,468
10,000
25,000
73,045
90,702
73,045
18,139
18,139
73,045
29,221
29,221
121,275
57,617/460,926
11,524
57,617/5,761
460,926
57,617
69,733
70,752
87,855
70,752
17,570
17,570
70,752
28,304
28,304
117,468
55,808/446,456
11,162
55,808/5,580
446,456
55,808
67,544
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
69,733
69,733
69,733/209,202
69,733/209,202
69,733
67,544
67,544
67,544/202,635
67,544/202,635
67,544
25,000
25,000
25,000/75,000
25,000/75,000
25,000
69,733
67,544
25,000
Jkt 262001
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Frm 00038
Fmt 4700
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E:\FR\FM\27DER1.SGM
27DER1
Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Rules and Regulations
89313
TABLE 1 OF § 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS—Continued
U.S. Code citation
42
42
42
42
42
42
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
11045(b)(2)
11045(b)(3)
11045(c)(1)
11045(c)(2)
11045(d)(1)
14304(a)(1)
Statutory civil monetary
penalties for violations
that occur or occurred
after November 2, 2015,
where penalties are
assessed on or after
December 27, 2023
Environmental statute
......................
......................
......................
......................
......................
......................
42 U.S.C. 14304(g) ..........................
EPCRA ...........................................................
EPCRA ...........................................................
EPCRA ...........................................................
EPCRA ...........................................................
EPCRA ...........................................................
MERCURY-CONTAINING AND RECHARGEABLE BATTERY MANAGEMENT
ACT (BATTERY ACT).
BATTERY ACT ...............................................
Statutory civil monetary
penalties for violations
that occurred after
November 2, 2015,
where penalties were
assessed on or after
January 6, 2023, but
before December 27,
2023
Statutory civil monetary
penalties, as enacted
69,733/209,202
69,733/209,202
69,733
27,894
69,733
19,437
67,544/202,635
67,544/202,635
67,544
27,018
67,544
18,827
25,000/75,000
25,000/75,000
25,000
10,000
25,000
10,000
19,437
18,827
10,000
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. 2023–28555 Filed 12–26–23; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 231219–0311]
RIN 0648–BM60
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Pacific Coast Groundfish Fishery
Management Plan; 2024 Specifications
and Management Measures
Corrections
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This rule corrects 2024
harvest specifications for several species
of groundfish where the numerical
values were mathematically calculated
incorrectly and do not accurately reflect
the harvest policy recommendations of
the Pacific Fishery Management Council
(Council). These harvest specifications
are for groundfish caught in the U.S.
exclusive economic zone seaward of
Washington, Oregon, and California,
consistent with the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) and the
Pacific Coast Groundfish Fishery
Management Plan (PCGFMP). This rule
revises harvest limits or allocations that
were previously calculated based on
incorrect annual catch limits (ACLs).
This action implements corrected
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
15:06 Dec 26, 2023
Jkt 262001
numerical values that align with the
Council’s intended harvest policy
decisions and considers the most recent
fishery information available at the time
those policies were recommended.
DATES: This final rule is effective
December 27, 2023.
ADDRESSES: This rule is accessible via
the internet at the Office of the Federal
Register website at https://
www.federalregister.gov/. Background
information and documents including
an analysis for the policy decisions
underpinning this action (Analysis),
which addresses the statutory
requirements of the Magnuson-Stevens
Act are available from the Council’s
website at https://www.pcouncil.org.
The final 2022 Stock Assessment and
Fishery Evaluation (SAFE) report for
Pacific Coast groundfish, as well as the
SAFE reports for previous years, are
available from the Council’s website at
https://www.pcouncil.org. The final
Environmental Assessment (EA) and
Regulatory Impact Review from the
2023–2024 harvest specifications is
available from the NMFS website at
https://www.fisheries.noaa.gov/region/
west-coast.
FOR FURTHER INFORMATION CONTACT:
Gretchen Hanshew, Fishery
Management Specialist, at 206–526–
6147 or gretchen.hanshew@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
This final rule corrects the numerical
values of harvest specifications and
resulting harvest target management
measures for six species or stock
complexes for 2024. The harvest
policies by which these numerical
values are derived were recommended
by the Council at its April and June
2022 meetings and published in a
proposed rule on October 14, 2022 (87
FR 62676) and final rule on December
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
16, 2022 (87 FR 77007). Hereafter, these
proposed and final rules for the 2023–
2024 harvest specifications and
management measures will be referred
to as the ‘‘original’’ proposed and final
rules. In the original proposed and final
rules, numerical values were
miscalculated for a small subset (six
species or stock complexes) of those
harvest specifications and harvest target
management measures regulations for
127 groundfish stocks or management
units. Numerical values were either too
high (increasing risk of overfishing) or
too low (increasing risk of not achieving
optimum yield). Specific details on the
errors and corrected values for each
species or stock complex are discussed
in detail in the proposed rule for this
action (88 FR 73810, October 27, 2023).
The harvest policies used to calculate
the numerical values of the corrected
harvest specifications and harvest target
management measures in this rule are
not revised from those described in the
original proposed and final rules for the
2023–2024 harvest specifications and
management measures. The Council
recommended these corrections at its
September 2023 meeting.
Corrections to Harvest Specifications
and Harvest Targets
As described in the proposed rule (88
FR 73810, October 27, 2023) a few
species and stock complex harvest
specifications, which are numerical
values of the harvestable surplus and
include overfishing limits (OFLs),
annual biological catch (ABCs), and
ACLs, were calculated in error.
Subsequent harvest target calculations
that stem from the ACLs were also
erroneous. This final rule corrects the
numerical values of harvest
specifications and applies the same
sharing agreements to corrected ACLs to
recalculate harvest targets. The OFLs,
E:\FR\FM\27DER1.SGM
27DER1
]]>Agencies
[Federal Register Volume 88, Number 247 (Wednesday, December 27, 2023)]
[Rules and Regulations]
[Pages 89309-89313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28555]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 19
[FRL-5906.8-01-OECA]
Civil Monetary Penalty Inflation Adjustment
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 (and minimum) statutory
civil monetary penalty amounts under the statutes the 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 (and minimum) amount of civil monetary penalties to reflect
inflation, maintain the deterrent effect of statutory civil monetary
penalties, and promote compliance with the law. The rule does not
establish specific civil monetary penalty amounts the EPA may seek in
particular cases. The EPA calculates those amounts, as appropriate,
based on the facts of particular cases and applicable agency penalty
policies. The EPA's civil penalty policies, which guide enforcement
personnel on how to exercise the EPA's discretion within 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 the violator's ability
to pay.
DATES: This final rule is effective December 27, 2023.
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
The 2015 Act \1\ requires each Federal agency to adjust the
statutory civil monetary penalties under the laws implemented by that
agency annually, to account for inflation. Section 4 of the 2015 Act
requires each Federal agency to publish these adjustments by January 15
of each year. The purpose of the 2015 Act is to maintain the deterrent
effect of civil monetary penalties by translating originally enacted
statutory civil penalty amounts to today's dollars and rounding
statutory civil penalties to the nearest dollar.
---------------------------------------------------------------------------
\1\ The Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Section 701 of Pub. L.114-74) was signed
into law on November 2, 2015, and amended the Federal Civil
Penalties Inflation Adjustment Act of 1990.
---------------------------------------------------------------------------
Since January 15, 2017, the EPA has made seven annual adjustments:
(1) on January 12, 2017, effective on January 15, 2017 (82 FR 3633);
(2) on January 10, 2018, effective on January 15, 2018 (83 FR 1190);
(3) on February 6, 2019, effective the same day (84 FR 2056), with a
subsequent correction on February 25, 2019 (84 FR 5955); (4) on January
13, 2020, effective the same day (85 FR 1751); (5) on December 23,
2020, effective the same day (85 FR 83818); (6) on January 12, 2022,
effective the same day (87 FR 1676); and (7) on January 6, 2023,
effective the same day (88 FR 986). This rule implements the eighth
annual adjustment mandated by the 2015 Act.
[[Page 89310]]
The 2015 Act provides a formula for calculating the adjustments.
Each statutory maximum and minimum \2\ civil monetary penalty, as
currently adjusted, is multiplied by the cost-of-living adjustment
multiplier, which is the percentage by which the Consumer Price Index
for all Urban Consumers (CPI-U) for the month of October 2023 exceeds
the CPI-U for the month of October 2022.\3\
---------------------------------------------------------------------------
\2\ Under Section 3(2)(A) of the 2015 Act, a ```civil monetary
penalty' [is] any penalty, fine or other sanction that is for 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)(A) of the Marine
Protection, Research, and Sanctuaries Act, 33 U.S.C. 1414b(d)(1)(A),
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.
\3\ Current and historical CPI-U's can be found on the Bureau of
Labor Statistics' websites here: https://www.bls.gov/cpi/tables/supplemental-files/historical-cpi-u-202309.pdf and https://www.bls.gov/news.release/pdf/cpi.pdf.
---------------------------------------------------------------------------
With this rule, the new statutory maximum and minimum penalty
levels listed in the third column of Table 1 of 40 CFR 19.4 will apply
to all civil monetary penalties assessed on or after December 27, 2023,
for violations that occurred after November 2, 2015, the date the 2015
Act was enacted. The former maximum and minimum statutory civil
monetary penalty levels, which are in the fourth column of Table 1 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
6, 2023, but before December 27, 2023. The statutory civil monetary
penalty levels that apply to violations that occurred on or before
November 2, 2015, are codified at Table 2 to 40 CFR 19.4. The fifth
column of Table 1 and the seventh column of Table 2 display the
statutory civil monetary penalty levels as originally enacted.
The formula for determining the cost-of-living or inflation
adjustment to statutory civil monetary penalties consists of the
following steps:
Step 1: The cost-of-living adjustment multiplier for 2024 is the
percentage by which the CPI-U of October 2023 (307.671) exceeds the
CPI-U for the month of October 2022 (298.012), which is 1.03241.\4\
Multiply 1.03241 by the current penalty amount. This is the raw
adjusted penalty value.
---------------------------------------------------------------------------
\4\ Section 5(b) of the 2015 Act provides that 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 2023 is 307.671 and the CPI-U for
October 2022 is 298.012, the cost-of-living multiplier is 1.03241
(307.671 divided by 298.012).
---------------------------------------------------------------------------
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
Procedure Act
Pursuant to section 4 of the 2015 Act, each Federal agency is
required to publish adjustments no later than January 15 each year. In
accordance with section 553 of the Administrative Procedure Act (APA),
5 U.S.C. 553, 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 December 27, 2023.
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 14094: Modernizing Regulatory Review
This action is not a significant regulatory action as defined in
Executive Order 12866, as amended by Executive Order 14094, and was
therefore not subject to a requirement for Executive Order 12866
review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. This rule merely increases the level of statutory civil
monetary 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.
C. Regulatory Flexibility Act (RFA)
This action is not subject to the RFA. The RFA applies only to
rules subject to notice and comment rulemaking requirements under the
Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute.
Because the 2015 Act directs Federal agencies to publish this rule
notwithstanding section 553 of the APA, this rule is not subject to
notice and comment requirements or the RFA.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action is required by the 2015 Act, without the
exercise of any policy discretion by the 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, the EPA has no policy discretion to
vary the amount of the adjustment.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
a substantial direct effect on the States, on the relationship between
the National Government and the States, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175. This rule merely reconciles the real value of
current statutory civil monetary penalty levels to reflect and keep
pace with the levels originally set by Congress when the statutes were
enacted or amended. The calculation of the increases is formula-driven
and prescribed by statute, and the 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.
[[Page 89311]]
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that 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. Since this action does not concern human
health, EPA's Policy on Children's Health also does not apply.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
The rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations and
Executive Order 14096: Revitalizing Our Nation's Commitment to
Environmental Justice for All
The EPA believes that this type of action does not concern human
health or environmental conditions and therefore cannot be evaluated
with respect to potentially disproportionate and adverse effects on
communities with environmental justice concerns. As mandated by the
2015 Act, this rule adjusts for inflation the statutory civil monetary
penalty amounts of the statutes administered by the EPA.
EPA acknowledges that the annual mandatory increase in civil
penalty amounts to account for inflation may result in further
deterrents of environmental violations that may trigger civil
penalties. Deterring violations has the benefit of promoting the
overarching purpose of environmental enforcement and may have a
positive impact on the human health or environment of all populations
including communities with environmental justice concerns.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the 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 EPA finds that the APA's notice and comment rulemaking
procedures are unnecessary because the 2015 Act directs Federal
agencies to publish their annual penalty inflation adjustments
``notwithstanding section 553 [of the APA].''
List of Subjects in 40 CFR Part 19
Environmental protection, Administrative practice and procedure,
Penalties.
Michael S. Regan,
Administrator.
For the reasons set out in the preamble, the 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.
(a) The statutory civil monetary penalty levels set forth in the
third column of Table 1 of Sec. 19.4 apply to all violations which
occur or occurred after November 2, 2015, where the penalties are
assessed on or after December 27, 2023. The statutory civil monetary
penalty levels set forth in the fourth column of Table 1 of Sec. 19.4
apply to all violations which occurred after November 2, 2015, where
the penalties were assessed on or after January 6, 2023, but before
December 27, 2023.
(b) The statutory monetary penalty levels in the third column of
Table 2 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 monetary penalty levels set forth in the
fourth column of Table 2 of Sec. 19.4 apply to all violations which
occurred after January 12, 2009, through December 6, 2013. The
statutory civil monetary penalty levels set forth in the fifth column
of Table 2 of Sec. 19.4 apply to all violations which occurred after
March 15, 2004, through January 12, 2009. The statutory civil monetary
penalty levels set forth in the sixth column of Table 2 of Sec. 19.4
apply to all violations which occurred after January 30, 1997, through
March 15, 2004.
0
3. Revise the section heading, introductory text, and Table 1 of Sec.
19.4 to read as follows:
Sec. 19.4 Statutory civil monetary penalties, as adjusted for
inflation, and tables.
Table 1 of this section sets out the statutory civil monetary
penalty provisions of statutes administered by the EPA, with the third
column setting out the latest operative statutory civil monetary
penalty levels for violations that occur or occurred after November 2,
2015, where penalties are assessed on or after December 27, 2023. The
fourth column displays the operative statutory civil monetary penalty
levels where penalties were assessed on or after January 6, 2023, but
before December 27, 2023. Table 2 of this section sets out the
statutory civil monetary penalty provision of statutes administered by
the EPA, with the operative statutory civil monetary 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.
[[Page 89312]]
Table 1 of Sec. 19.4--Civil Monetary Penalty Inflation Adjustments
--------------------------------------------------------------------------------------------------------------------------------------------------------
Statutory civil
Statutory civil monetary penalties for
monetary penalties for violations that
violations that occur occurred after November
or occurred after 2, 2015, where Statutory civil
U.S. Code citation Environmental statute November 2, 2015, penalties were monetary penalties, as
where penalties are assessed on or after enacted
assessed on or after January 6, 2023, but
December 27, 2023 before December 27,
2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
7 U.S.C. 136l(a)(1)......................... FEDERAL INSECTICIDE, FUNGICIDE, $24,255 $23,494 $5,000
AND RODENTICIDE ACT (FIFRA).
7 U.S.C. 136l(a)(2) \1\..................... FIFRA.......................... 3,558/2,293/3,558 3,446/2,221/3,446 1,000/500/1,000
15 U.S.C. 2615(a)(1)........................ TOXIC SUBSTANCES CONTROL ACT 48,512 46,989 25,000
(TSCA).
15 U.S.C. 2647(a)........................... TSCA........................... 13,946 13,508 5,000
15 U.S.C. 2647(g)........................... TSCA........................... 11,524 11,162 5,000
31 U.S.C. 3802(a)(1)........................ PROGRAM FRAUD CIVIL REMEDIES 13,946 13,508 5,000
ACT (PFCRA).
31 U.S.C. 3802(a)(2)........................ PFCRA.......................... 13,946 13,508 5,000
33 U.S.C. 1319(d)........................... CLEAN WATER ACT (CWA).......... 66,712 64,618 25,000
33 U.S.C. 1319(g)(2)(A)..................... CWA............................ 26,685/66,712 25,847/64,618 10,000/25,000
33 U.S.C. 1319(g)(2)(B)..................... CWA............................ 26,685/333,552 25,847/323,081 10,000/125,000
33 U.S.C. 1321(b)(6)(B)(i).................. CWA............................ 23,048/57,617 22,324/55,808 10,000/25,000
33 U.S.C. 1321(b)(6)(B)(ii)................. CWA............................ 23,048/288,080 22,324/279,036 10,000/125,000
33 U.S.C. 1321(b)(7)(A)..................... CWA............................ 57,617/2,304 55,808/2,232 25,000/1,000
33 U.S.C. 1321(b)(7)(B)..................... CWA............................ 57,617 55,808 25,000
33 U.S.C. 1321(b)(7)(C)..................... CWA............................ 57,617 55,808 25,000
33 U.S.C. 1321(b)(7)(D)..................... CWA............................ 230,464/6,913 223,229/6,696 100,000/3,000
33 U.S.C. 1414b(d)(1)(A).................... MARINE PROTECTION, RESEARCH, 1,535 1,487 600
AND SANCTUARIES ACT (MPRSA).
33 U.S.C. 1415(a)........................... MPRSA.......................... 242,550/319,953 234,936/309,909 50,000/125,000
33 U.S.C. 1901 note (see 1409(a)(2)(A))..... CERTAIN ALASKAN CRUISE SHIP 17,683/44,206 17,128/42,818 10,000/25,000
OPERATIONS (CACSO).
33 U.S.C. 1901 note (see 1409(a)(2)(B))..... CACSO.......................... 17,683/221,026 17,128/214,087 10,000/125,000
33 U.S.C. 1901 note (see 1409(b)(1))........ CACSO.......................... 44,206 42,818 25,000
33 U.S.C. 1908(b)(1)........................ ACT TO PREVENT POLLUTION FROM 90,702 87,855 25,000
SHIPS (APPS).
33 U.S.C. 1908(b)(2)........................ APPS........................... 18,139 17,570 5,000
42 U.S.C. 300g-3(b)......................... SAFE DRINKING WATER ACT (SDWA). 69,733 67,544 25,000
42 U.S.C. 300g-3(g)(3)(A)................... SDWA........................... 69,733 67,544 25,000
42 U.S.C. 300g-3(g)(3)(B)................... SDWA........................... 13,946/48,586 13,508/47,061 5,000/25,000
42 U.S.C. 300g-3(g)(3)(C)................... SDWA........................... 48,586 47,061 25,000
42 U.S.C. 300h-2(b)(1)...................... SDWA........................... 69,733 67,544 25,000
42 U.S.C. 300h-2(c)(1)...................... SDWA........................... 27,894/348,671 27,018/337,725 10,000/125,000
42 U.S.C. 300h-2(c)(2)...................... SDWA........................... 13,946/348,671 13,508/337,725 5,000/125,000
42 U.S.C. 300h-3(c)......................... SDWA........................... 24,255/51,744 23,494/50,120 5,000/10,000
42 U.S.C. 300i(b)........................... SDWA........................... 29,154 28,239 15,000
42 U.S.C. 300i-1(c)......................... SDWA........................... 169,700/1,697,012 164,373/1,643,738 100,000/1,000,000
42 U.S.C. 300j(e)(2)........................ SDWA........................... 12,127 11,746 2,500
42 U.S.C. 300j-4(c)......................... SDWA........................... 69,733 67,544 25,000
42 U.S.C. 300j-6(b)(2)...................... SDWA........................... 48,586 47,061 25,000
42 U.S.C. 300j-23(d)........................ SDWA........................... 12,799/127,983 12,397/123,965 5,000/50,000
42 U.S.C. 4852d(b)(5)....................... RESIDENTIAL LEAD-BASED PAINT 21,699 21,018 10,000
HAZARD REDUCTION ACT OF 1992.
42 U.S.C. 4910(a)(2)........................ NOISE CONTROL ACT OF 1972...... 45,850 44,411 10,000
42 U.S.C. 6928(a)(3)........................ RESOURCE CONSERVATION AND 121,275 117,468 25,000
RECOVERY ACT (RCRA).
42 U.S.C. 6928(c)........................... RCRA........................... 73,045 70,752 25,000
42 U.S.C. 6928(g)........................... RCRA........................... 90,702 87,855 25,000
42 U.S.C. 6928(h)(2)........................ RCRA........................... 73,045 70,752 25,000
42 U.S.C. 6934(e)........................... RCRA........................... 18,139 17,570 5,000
42 U.S.C. 6973(b)........................... RCRA........................... 18,139 17,570 5,000
42 U.S.C. 6991e(a)(3)....................... RCRA........................... 73,045 70,752 25,000
42 U.S.C. 6991e(d)(1)....................... RCRA........................... 29,221 28,304 10,000
42 U.S.C. 6991e(d)(2)....................... RCRA........................... 29,221 28,304 10,000
42 U.S.C. 7413(b)........................... CLEAN AIR ACT (CAA)............ 121,275 117,468 25,000
42 U.S.C. 7413(d)(1)........................ CAA............................ 57,617/460,926 55,808/446,456 25,000/200,000
42 U.S.C. 7413(d)(3)........................ CAA............................ 11,524 11,162 5,000
42 U.S.C. 7524(a)........................... CAA............................ 57,617/5,761 55,808/5,580 25,000/2,500
42 U.S.C. 7524(c)(1)........................ CAA............................ 460,926 446,456 200,000
42 U.S.C. 7545(d)(1)........................ CAA............................ 57,617 55,808 25,000
42 U.S.C. 9604(e)(5)(B)..................... COMPREHENSIVE ENVIRONMENTAL 69,733 67,544 25,000
RESPONSE, COMPENSATION, AND
LIABILITY ACT (CERCLA).
42 U.S.C. 9606(b)(1)........................ CERCLA......................... 69,733 67,544 25,000
42 U.S.C. 9609(a)(1)........................ CERCLA......................... 69,733 67,544 25,000
42 U.S.C. 9609(b)........................... CERCLA......................... 69,733/209,202 67,544/202,635 25,000/75,000
42 U.S.C. 9609(c)........................... CERCLA......................... 69,733/209,202 67,544/202,635 25,000/75,000
42 U.S.C. 11045(a).......................... EMERGENCY PLANNING AND 69,733 67,544 25,000
COMMUNITY RIGHT-TO-KNOW ACT
(EPCRA).
42 U.S.C. 11045(b)(1)(A).................... EPCRA.......................... 69,733 67,544 25,000
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42 U.S.C. 11045(b)(2)....................... EPCRA.......................... 69,733/209,202 67,544/202,635 25,000/75,000
42 U.S.C. 11045(b)(3)....................... EPCRA.......................... 69,733/209,202 67,544/202,635 25,000/75,000
42 U.S.C. 11045(c)(1)....................... EPCRA.......................... 69,733 67,544 25,000
42 U.S.C. 11045(c)(2)....................... EPCRA.......................... 27,894 27,018 10,000
42 U.S.C. 11045(d)(1)....................... EPCRA.......................... 69,733 67,544 25,000
42 U.S.C. 14304(a)(1)....................... MERCURY-CONTAINING AND 19,437 18,827 10,000
RECHARGEABLE BATTERY
MANAGEMENT ACT (BATTERY ACT).
42 U.S.C. 14304(g).......................... BATTERY ACT.................... 19,437 18,827 10,000
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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. 2023-28555 Filed 12-26-23; 8:45 am]
BILLING CODE 6560-50-P
