Civil Monetary Penalty Inflation Adjustment, 1375-1378 [2025-00206]
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Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Rules and Regulations
Issued in Washington, DC, by
Ann Y. Orr,
Acting Director, Pension Benefit Guaranty
Corporation.
SUPPLEMENTARY INFORMATION:
I. Background
[FR Doc. 2025–00211 Filed 1–7–25; 8:45 am]
BILLING CODE 7709–02–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 19
[FRL–5906.9–01–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
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
January 8, 2025.
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.
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SUMMARY:
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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 eight 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); (7) on January 6, 2023,
effective the same day (88 FR 986); and
(8) on December 27, 2023, effective the
same day (88 FR 89309). This rule
implements the ninth annual
adjustment mandated by the 2015 Act.
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 2024
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.
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.
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1375
exceeds the CPI–U for the month of
October 2023.3
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
January 8, 2025, 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 December 27,
2023, but before January 8, 2025. 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 2025 is the percentage by
which the CPI–U of October 2024
(315.664) exceeds the CPI–U for the
month of October 2023 (307.671), which
is 1.02598.4 Multiply 1.02598 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
Procedure Act
Pursuant to section 4 of the 2015 Act,
each Federal agency is required to
3 Current and historical CPI–Us can be found on
the Bureau of Labor Statistics’ websites here:
https://www.bls.gov/cpi/tables/supplemental-files/
historical-cpi-u-202410.pdf and https://
www.bls.gov/news.release/cpi.nr0.htm.
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 2024 is 315.664
and the CPI–U for October 2023 is 307.671, the costof-living multiplier is 1.02598 (315.664 divided by
307.671).
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Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Rules and Regulations
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
January 8, 2025.
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
enforcement action or civil judicial case
for violations of EPA-administered
statutes and their implementing
regulations.
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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 an
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action implements
mandates specifically and explicitly set
forth in the 2015 Act without the
exercise of any policy discretion by the
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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.
significant regulatory action under
Executive Order 12866.
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.
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.
The 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.
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 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.
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. Therefore, 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, the 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
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I. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
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.
Jane Nishida,
Acting Administrator.
For the reasons set out in the
preamble, the EPA amends title 40,
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Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Rules and Regulations
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 January 8, 2025.
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 December 27, 2023, but before
January 8, 2025.
(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:
1377
§ 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 January 8, 2025. The fourth column
displays the operative statutory civil
monetary penalty levels where penalties
were assessed on or after December 27,
2023, but before January 8, 2025. 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.
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) ........................
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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
January 8, 2025
33
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.
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) ....................
VerDate Sep<11>2014
15:49 Jan 07, 2025
Statutory civil monetary
penalties for violations
that occurred after
November 2, 2015,
where penalties were
assessed on or after
December 27, 2023,
but before
January 8, 2025
Statutory civil monetary
penalties, as enacted
$24,885
$24,255
$5,000
3,650/2,353/3,650
49,772
3,558/2,293/3,558
48,512
1,000/500/1,000
37,500
14,308
11,823
14,308
13,946
11,524
13,946
5,000
5,000
5,000
14,308
68,445
27,378/68,445
27,378/342,218
23,647/59,114
23,647/295,564
59,114/2,364
59,114
59,114
236,451/7,093
1,575
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
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
248,851/328,265
18,142/45,354
242,550/319,953
17,683/44,206
50,000/125,000
10,000/25,000
18,142/226,768
17,683/221,026
10,000/125,000
CACSO ...........................................................
45,354
44,206
25,000
ACT TO PREVENT POLLUTION FROM
SHIPS (APPS).
APPS ..............................................................
SAFE DRINKING WATER ACT (SDWA) ......
SDWA .............................................................
SDWA .............................................................
SDWA .............................................................
SDWA .............................................................
SDWA .............................................................
SDWA .............................................................
93,058
90,702
25,000
18,610
71,545
71,545
14,308/49,848
49,848
71,545
28,619/357,729
14,308/357,729
18,139
69,733
69,733
13,946/48,586
48,586
69,733
27,894/348,671
13,946/348,671
5,000
25,000
25,000
5,000/25,000
25,000
25,000
10,000/125,000
5,000/125,000
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Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Rules and Regulations
TABLE 1 OF § 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS—Continued
U.S. code citation
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.
Statutory civil monetary
penalties for violations
that occur or occurred
after November 2, 2015,
where penalties are
assessed on or after
January 8, 2025
Environmental statute
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) ........................
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
42
42
42
42
42
42
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
11045(b)(1)(A) .................
11045(b)(2) ......................
11045(b)(3) ......................
11045(c)(1) ......................
11045(c)(2) ......................
11045(d)(1) ......................
14304(a)(1) ......................
42 U.S.C. 14304(g) ..........................
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 ...........................................................
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
December 27, 2023,
but before
January 8, 2025
Statutory civil monetary
penalties, as enacted
24,885/53,088
29,911
174,109/1,741,100
12,442
71,545
49,848
13,132/131,308
22,263
24,255/51,744
29,154
169,700/1,697,012
12,127
69,733
48,586
12,799/127,983
21,699
5,000/10,000
15,000
100,000/1,000,000
2,500
25,000
25,000
5,000/50,000
10,000
47,041
124,426
45,850
121,275
10,000
25,000
74,943
93,058
74,943
18,610
18,610
74,943
29,980
29,980
124,426
59,114/472,901
11,823
59,114/5,911
472,901
59,114
71,545
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
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
71,545
71,545
71,545/214,637
71,545/214,637
71,545
69,733
69,733
69,733/209,202
69,733/209,202
69,733
25,000
25,000
25,000/75,000
25,000/75,000
25,000
71,545
71,545/214,637
71,545/214,637
71,545
28,619
71,545
19,942
69,733
69,733/209,202
69,733/209,202
69,733
27,894
69,733
19,437
25,000
25,000/75,000
25,000/75,000
25,000
10,000
25,000
10,000
19,942
19,437
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).
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
lotter on DSK11XQN23PROD with RULES1
[EPA–R10–OAR–2024–0595; FRL–12391–
03–R10]
Interim Final Determination To Defer
Sanctions; AK, Fairbanks North Star
Borough
Environmental Protection
Agency (EPA).
ACTION: Interim final determination.
AGENCY:
VerDate Sep<11>2014
15:49 Jan 07, 2025
The Environmental Protection
Agency (EPA) is making an interim final
determination that the State of Alaska
has submitted state implementation
plan (SIP) revisions that satisfy
outstanding Clean Air Act requirements.
This interim final determination defers
the imposition of sanctions for the 2006
24-hour fine particulate matter (PM2.5)
Fairbanks North Star Borough PM2.5
nonattainment area. This determination
is based on a proposed approval,
published in the ‘‘Proposed Rules’’
section of this Federal Register, of the
SIP revisions, submitted by the State of
Alaska (Alaska or the State) on
December 4, 2024, to address Clean Air
Act requirements for the 2006 24-hour
SUMMARY:
[FR Doc. 2025–00206 Filed 1–7–25; 8:45 am]
Jkt 265001
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
PM2.5 national ambient air quality
standards (NAAQS).
DATES: This interim final determination
is effective January 8, 2025. However,
comments will be accepted until
February 7, 2025.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2024–0595, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information the disclosure of which is
E:\FR\FM\08JAR1.SGM
08JAR1
]]>Agencies
[Federal Register Volume 90, Number 5 (Wednesday, January 8, 2025)]
[Rules and Regulations]
[Pages 1375-1378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00206]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 19
[FRL-5906.9-01-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 January 8, 2025.
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 eight 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); (7) on January 6, 2023, effective
the same day (88 FR 986); and (8) on December 27, 2023, effective the
same day (88 FR 89309). This rule implements the ninth annual
adjustment mandated by the 2015 Act.
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 2024 exceeds
the CPI-U for the month of October 2023.\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-Us can be found on the Bureau of
Labor Statistics' websites here: https://www.bls.gov/cpi/tables/supplemental-files/historical-cpi-u-202410.pdf and https://www.bls.gov/news.release/cpi.nr0.htm.
---------------------------------------------------------------------------
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 January 8, 2025,
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
December 27, 2023, but before January 8, 2025. 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 2025 is the
percentage by which the CPI-U of October 2024 (315.664) exceeds the
CPI-U for the month of October 2023 (307.671), which is 1.02598.\4\
Multiply 1.02598 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 2024 is 315.664 and the CPI-U for
October 2023 is 307.671, the cost-of-living multiplier is 1.02598
(315.664 divided by 307.671).
---------------------------------------------------------------------------
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
[[Page 1376]]
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 January 8, 2025.
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 an unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action implements mandates specifically and
explicitly set forth in 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 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.
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. Therefore, 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, the 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)
This 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.
The 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.
Jane Nishida,
Acting Administrator.
For the reasons set out in the preamble, the EPA amends title 40,
[[Page 1377]]
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 January 8, 2025. 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 December 27, 2023, but before
January 8, 2025.
(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 January 8, 2025. The
fourth column displays the operative statutory civil monetary penalty
levels where penalties were assessed on or after December 27, 2023, but
before January 8, 2025. 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.
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 Statutory civil
U.S. code citation Environmental statute or occurred after 2, 2015, where monetary penalties, as
November 2, 2015, where penalties were assessed enacted
penalties are assessed on or after December
on or after January 8, 27, 2023, but before
2025 January 8, 2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
7 U.S.C. 136l(a)(1)......................... FEDERAL INSECTICIDE, FUNGICIDE, $24,885 $24,255 $5,000
AND RODENTICIDE ACT (FIFRA).
7 U.S.C. 136l(a)(2) \1\..................... FIFRA.......................... 3,650/2,353/3,650 3,558/2,293/3,558 1,000/500/1,000
15 U.S.C. 2615(a)(1)........................ TOXIC SUBSTANCES CONTROL ACT 49,772 48,512 37,500
(TSCA).
15 U.S.C. 2647(a)........................... TSCA........................... 14,308 13,946 5,000
15 U.S.C. 2647(g)........................... TSCA........................... 11,823 11,524 5,000
31 U.S.C. 3802(a)(1)........................ PROGRAM FRAUD CIVIL REMEDIES 14,308 13,946 5,000
ACT (PFCRA).
31 U.S.C. 3802(a)(2)........................ PFCRA.......................... 14,308 13,946 5,000
33 U.S.C. 1319(d)........................... CLEAN WATER ACT (CWA).......... 68,445 66,712 25,000
33 U.S.C. 1319(g)(2)(A)..................... CWA............................ 27,378/68,445 26,685/66,712 10,000/25,000
33 U.S.C. 1319(g)(2)(B)..................... CWA............................ 27,378/342,218 26,685/333,552 10,000/125,000
33 U.S.C. 1321(b)(6)(B)(i).................. CWA............................ 23,647/59,114 23,048/57,617 10,000/25,000
33 U.S.C. 1321(b)(6)(B)(ii)................. CWA............................ 23,647/295,564 23,048/288,080 10,000/125,000
33 U.S.C. 1321(b)(7)(A)..................... CWA............................ 59,114/2,364 57,617/2,304 25,000/1,000
33 U.S.C. 1321(b)(7)(B)..................... CWA............................ 59,114 57,617 25,000
33 U.S.C. 1321(b)(7)(C)..................... CWA............................ 59,114 57,617 25,000
33 U.S.C. 1321(b)(7)(D)..................... CWA............................ 236,451/7,093 230,464/6,913 100,000/3,000
33 U.S.C. 1414b(d)(1)(A).................... MARINE PROTECTION, RESEARCH, 1,575 1,535 600
AND SANCTUARIES ACT (MPRSA).
33 U.S.C. 1415(a)........................... MPRSA.......................... 248,851/328,265 242,550/319,953 50,000/125,000
33 U.S.C. 1901 note (see 1409(a)(2)(A))..... CERTAIN ALASKAN CRUISE SHIP 18,142/45,354 17,683/44,206 10,000/25,000
OPERATIONS (CACSO).
33 U.S.C. 1901 note (see 1409(a)(2)(B))..... CACSO.......................... 18,142/226,768 17,683/221,026 10,000/125,000
33 U.S.C. 1901 note (see 1409(b)(1))........ CACSO.......................... 45,354 44,206 25,000
33 U.S.C. 1908(b)(1)........................ ACT TO PREVENT POLLUTION FROM 93,058 90,702 25,000
SHIPS (APPS).
33 U.S.C. 1908(b)(2)........................ APPS........................... 18,610 18,139 5,000
42 U.S.C. 300g-3(b)......................... SAFE DRINKING WATER ACT (SDWA). 71,545 69,733 25,000
42 U.S.C. 300g-3(g)(3)(A)................... SDWA........................... 71,545 69,733 25,000
42 U.S.C. 300g-3(g)(3)(B)................... SDWA........................... 14,308/49,848 13,946/48,586 5,000/25,000
42 U.S.C. 300g-3(g)(3)(C)................... SDWA........................... 49,848 48,586 25,000
42 U.S.C. 300h-2(b)(1)...................... SDWA........................... 71,545 69,733 25,000
42 U.S.C. 300h-2(c)(1)...................... SDWA........................... 28,619/357,729 27,894/348,671 10,000/125,000
42 U.S.C. 300h-2(c)(2)...................... SDWA........................... 14,308/357,729 13,946/348,671 5,000/125,000
[[Page 1378]]
42 U.S.C. 300h-3(c)......................... SDWA........................... 24,885/53,088 24,255/51,744 5,000/10,000
42 U.S.C. 300i(b)........................... SDWA........................... 29,911 29,154 15,000
42 U.S.C. 300i-1(c)......................... SDWA........................... 174,109/1,741,100 169,700/1,697,012 100,000/1,000,000
42 U.S.C. 300j(e)(2)........................ SDWA........................... 12,442 12,127 2,500
42 U.S.C. 300j-4(c)......................... SDWA........................... 71,545 69,733 25,000
42 U.S.C. 300j-6(b)(2)...................... SDWA........................... 49,848 48,586 25,000
42 U.S.C. 300j-23(d)........................ SDWA........................... 13,132/131,308 12,799/127,983 5,000/50,000
42 U.S.C. 4852d(b)(5)....................... RESIDENTIAL LEAD-BASED PAINT 22,263 21,699 10,000
HAZARD REDUCTION ACT OF 1992.
42 U.S.C. 4910(a)(2)........................ NOISE CONTROL ACT OF 1972...... 47,041 45,850 10,000
42 U.S.C. 6928(a)(3)........................ RESOURCE CONSERVATION AND 124,426 121,275 25,000
RECOVERY ACT (RCRA).
42 U.S.C. 6928(c)........................... RCRA........................... 74,943 73,045 25,000
42 U.S.C. 6928(g)........................... RCRA........................... 93,058 90,702 25,000
42 U.S.C. 6928(h)(2)........................ RCRA........................... 74,943 73,045 25,000
42 U.S.C. 6934(e)........................... RCRA........................... 18,610 18,139 5,000
42 U.S.C. 6973(b)........................... RCRA........................... 18,610 18,139 5,000
42 U.S.C. 6991e(a)(3)....................... RCRA........................... 74,943 73,045 25,000
42 U.S.C. 6991e(d)(1)....................... RCRA........................... 29,980 29,221 10,000
42 U.S.C. 6991e(d)(2)....................... RCRA........................... 29,980 29,221 10,000
42 U.S.C. 7413(b)........................... CLEAN AIR ACT (CAA)............ 124,426 121,275 25,000
42 U.S.C. 7413(d)(1)........................ CAA............................ 59,114/472,901 57,617/460,926 25,000/200,000
42 U.S.C. 7413(d)(3)........................ CAA............................ 11,823 11,524 5,000
42 U.S.C. 7524(a)........................... CAA............................ 59,114/5,911 57,617/5,761 25,000/2,500
42 U.S.C. 7524(c)(1)........................ CAA............................ 472,901 460,926 200,000
42 U.S.C. 7545(d)(1)........................ CAA............................ 59,114 57,617 25,000
42 U.S.C. 9604(e)(5)(B)..................... COMPREHENSIVE ENVIRONMENTAL 71,545 69,733 25,000
RESPONSE, COMPENSATION, AND
LIABILITY ACT (CERCLA).
42 U.S.C. 9606(b)(1)........................ CERCLA......................... 71,545 69,733 25,000
42 U.S.C. 9609(a)(1)........................ CERCLA......................... 71,545 69,733 25,000
42 U.S.C. 9609(b)........................... CERCLA......................... 71,545/214,637 69,733/209,202 25,000/75,000
42 U.S.C. 9609(c)........................... CERCLA......................... 71,545/214,637 69,733/209,202 25,000/75,000
42 U.S.C. 11045(a).......................... EMERGENCY PLANNING AND 71,545 69,733 25,000
COMMUNITY RIGHT-TO-KNOW ACT
(EPCRA).
42 U.S.C. 11045(b)(1)(A).................... EPCRA.......................... 71,545 69,733 25,000
42 U.S.C. 11045(b)(2)....................... EPCRA.......................... 71,545/214,637 69,733/209,202 25,000/75,000
42 U.S.C. 11045(b)(3)....................... EPCRA.......................... 71,545/214,637 69,733/209,202 25,000/75,000
42 U.S.C. 11045(c)(1)....................... EPCRA.......................... 71,545 69,733 25,000
42 U.S.C. 11045(c)(2)....................... EPCRA.......................... 28,619 27,894 10,000
42 U.S.C. 11045(d)(1)....................... EPCRA.......................... 71,545 69,733 25,000
42 U.S.C. 14304(a)(1)....................... MERCURY-CONTAINING AND 19,942 19,437 10,000
RECHARGEABLE BATTERY
MANAGEMENT ACT (BATTERY ACT).
42 U.S.C. 14304(g).......................... BATTERY ACT.................... 19,942 19,437 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. 2025-00206 Filed 1-7-25; 8:45 am]
BILLING CODE 6560-50-P
