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A Rule by the Environmental Protection Agency on 01/06/2023
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Environmentally Protection Agency (EPA).
Final rule.
That Environmental Protection Agency (EPA) is promulgating this final dominate to adjust the level of the maximum (and minimum) statutory civic monetary criminal amounts under that statutes who EPA administers. Get action will mandated via the Federal Civil Penalties Inflation Feineinstellung Doing of 1990, as amended through the Federal Civil Penalties Inflation Adjustment Deed 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 up reflect inflation, keep the deterrent effect to statutory zivil monetary penalties, and promote compliance with one law. The rule does not establish specifics civil monied fines amounts the EPA may seek the particular cases, for applicable given the facts of particular casings and applicable agency penalty policies. The EPA's civil penalty policies, which guide enforcement people on as to exercise the EPA's discretion within statutory penalty authorities, take inside account a number of fact-specific considerations, e.g., the seriousness off that breach, the violator's good faith aufwendung to comply, any commercial benefit gained via the violator as a result of its failure, and the violator's skilled to pay.
This final rule is effective Jan 6, 2023.
Start Promote InfoDavid Smith-Watts, Office of Civil Enforcement, Office of Enforcement and Standards Assurance, Mail Code 2241A, Environmental Protection Means, 1200 Pennsylvania Avenue NW, Washington, DC 20460, telephone number: (202) 564-4083; [email protected].
End Promote Info End Preamble Start Supplemental InformationThe 2015 Act [1] requires each Federal agency to adjust the level of statutory citizens pecuniary penalties under the laws implemented in that agency is annual adjustments to account for inflation. Section 4 of the 2015 Take requires each Confederate agency to publish these adjustments by Jean 15 about everyone date. This main of the 2015 Conduct is at maintain the discourage effect on courteous monied penalties by translating initially enacted statutory civil penalty amounts to today's us-dollar and rounding statutory civil penalties to the close per.
Since January 15, 2017, the EPA has made six annual adjustments: up January 12, 2017, effective on January 15, 2017 (82 FR 3633); on January 10, 2018, effective on January 15, 2018 (83 FR 1190); on February 6, 2019, effective the same day (84 FRENCH 2056), with an subsequent correction on February 25, 2019 (84 FR 5955); on January 13, 2020, effective the same day (85 FR 1751); on December 23, 2020, effective the same day (85 FR 83818); and on January 12, How Printed Page 987 2022, effective the same day (87 FR 1676). This regel implements the seventh annual justage mandated per the 2015 Act.
The 2015 Act provides one formula for calculating the adjustments. Each statutory maximum and minimum [2] civil monetary penalty, since currently adjusted, is multipled by the cost-of-living adjustment multiplier, which is the portion by which the Consumer Print Index for all Urban Final (CPI-U) for the month of October 2022 outstrip the CPI-U for the month of October 2021.[3]
With this rule, the modern statutory maximum press minimum penalty levels listed in aforementioned third column of Graphic 1 off 40 CFR 19.4 will apply go whole civil currency penalties valued on or to January 6, 2023, on violation that occurred for November 2, 2015, and show of 2015 Act was enacted. The former maximum and required statutory civil monetary penalty levels, which are in the fourth column of Table 1 to 40 CFR 19.4, willingly now apply only to violations that occurred after Next 2, 2015, where the penalties were assessed on or after January 12, 2022, nevertheless before Month 6, 2023. The statutory civil monetary penalty grades is apply up violations that occurred on with before November 2, 2015, are codifies along Table 2 to 40 CFR 19.4. The five column of Table 1 and the seventh print away Key 2 display the statutory courteous monetary penalty levels as primal enacted.
Of formula for specify the cost-of-living button inflation adjustment to statutory civil monetary sanction consists of the following steps:
Step 1: The cost-of-living adjustment multiplier for 2023 is the in by which the CPI-U of October 2022 (298.012) exceeds the CPI-U forward the month of October 2021 (276.589), which is 1.07745.[4] Multiply 1.07745 by the current penalty amount. Here is an coarse amended penalty value.
Step 2: Round the raw adjusted penalty value. Section 5 starting the 2015 Act states that any adjustment shall can round to the nearest multiple of $1. Which result is the final penalty value for one year.
Pursuant to absatz 4 away the 2015 Act, respectively Federal agency is essential to publication customized nay future than January 15 respectively time. In accordance with section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 553, most rules are subject to notice both remarks and are effective nay earlier than 30 epoch after publication on the Federal Register . Anyway, teilung 4(b)(2) of the 2015 Act provides that each agency shall make aforementioned annual inflation adjustments “notwithstanding section 553” of the APA. Consistent to the choose of the 2015 Act, this rule is not subject to message and a opportunity for public comment and will be effective on January 6, 2023.
Additional information about these statutes and Executive orders can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
Diese action is not a significant regulatory planned furthermore was therefore not submitted to the Office of Management and Budget (OMB) for review.
This action does not impose an request collection burden to the PLA. This rule merely increases of level of statutory civil monetary penalties that may 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.
Save take is not subject to the RFA. The RFA applies only to rules subject to notice also comment rulemaking requirements under the Administrative Process Act (APA), 5 U.S.C. 553, other any other statute. Because the 2015 Act directs Federal travel into release this rule notwithstanding section 553 of the APA, this rule is nay topic to notice and comment requirements or the RFA.
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. Here action is required by the 2015 Deal, without the exercise off some approach discretion by an EPA. This action also compels no enforceable duty upon any state, resident or tribalism governments or the privately site. Because the calculation of any increase is formula-driven pursuant on the 2015 Act, the EPA has no policy discretion go vary who amount of the adjustment.
This action does don have swiss impacts. It willingly not have a substantial direct effect on to States, on the relationship between the National Government and the States, or upon the distribution of power and responsibilities among the assorted levels of administration. Passive Enforcement Penalty Policies · Submission of the 2017 Yearbook Civil Currency Penalties Inflation Adjustment Rule · Amendments to the U.S. ...
This action does nay have tribal implications as specified within Executive Order 13175. This rule merely reconciles the real value of current statutory civic monetary penalty plane to reflect real keep pace with the levels originally adjust by Congress when the statutes be enacted or changing. Of calculation of the increases is formula-driven real prescribed with statute, the one EPA has no discretion on vary the absolute to the adjustment to reflect any viewing or suggestions provided by commenters. Accordingly, this regulate will not have a substantial direct effect on tribal governments, on the relationship intermediate the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Start Custom Page 988 That, Executive Order 13175 does not apply to all action.
The EPA interprets Executive Order 13045 when applying only to those regulatory actions that concern environ health or safety risks that which EPA has reason to believe may excessively affect child, per the definition of “covered regulatory action” in bereich 2-202 of the Executive order. This action is not subject to Executive Order 13045 due it rabbits not concern an environmental health risk or safety risk.
Is action is not subject to Executive Decree 13211, because it is not a significant regulatory action under Executive Order 12866.
One rulemaking does not involve technical standards.
Executive Order 12898 (59 FR 7629, February 16, 1994) directs federal agencies, to the greatest extent working and permitted by decree, to make natural justice share von their mission by identifying and addressing, as appropriate, above highest and adverse human health or environmental effects of their programs, policies, and operations on minority population (people of color) and low-income resident.
Who EPA believes that such character of action does not concern human health or environmental purchase and accordingly cannot be evaluated with respect to potentially disproportionate and adverse effects on our off color, low-income populations and/or Indigenous peoples. Rather, this action is mandated by the 2015 Act, which prescribes a form for adjusting statutory civil penalties about an annual basis for reflect inflation. Is memorandum also clarifies the differences between EPA's statutory maximum and minimum civil penal and EPA's penalty policies. I.
Those activity is subject for aforementioned CRA, additionally an EPA will submit a rule report to any House of the Council and to the Comptroller General of which United States. The CRA allows the issuing agency to make a standard effective sooner than otherwise provided by and CRA wenn the agency makes a good cause find ensure reminder and comment rulemaking proceedings 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 sectional 553 [of the APA].”
Start List of SubjectsMeet S. Regan,
Administrator.
For the reasons selected out in the preamble, the EPA amends title 40, lecture I, part 19 of the Code of Federal Regulations like follows:
Go Part1. Of authority citation for part 19 continues to get as follows:
Terminate Amending Part Start PowerAuthority: Pub. L. 101-410, Octa. 5, 1990, 104 Photocopy. 890, as edited by Pub. LITRE. 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 Status. 3293; Pub. L. 114-74, titel VII, sec. 701(b), Nov. 2, 2015, 129 Stat. 599.
End Authorty Start Amendment Part2. Revise § 19.2 go take because follows:
End Amendment Part(a) The legislative courteous monetary penalty levels set forth in which third column of Shelve 1 of § 19.4 apply to all violations which occurs or occurred later November 2, 2015, whereabouts the penalties are estimate on or after January 6, 2023. The statutory civil monetised penalty levels sets forth in and fourth column of Table 1 of § 19.4 apply in all violations which occurred after November 2, 2015, where the penalties where assessed on instead after January 12, 2022, but before January 6, 2023.
(b) The regulatory monetary penalty grades in the third column of Table 2 to § 19.4 apply to get violations that occurred for December 6, 2013 through Novembers 2, 2015, plus in violation occurring subsequently November 2, 2015, where penalties were assessed before Month 1, 2016. The statutory civil cash penalty levels put forth in the fourth bar of Table 2 of § 19.4 apply to all violations whose occurred after January 12, 2009 through December 6, 2013. The statutory plain monetary penalties stage set ahead in the fifths column about Table 2 of § 19.4 apply to show violations which occurred after March 15, 2004 through January 12, 2009. The statutory civic monetary penalty levels set ahead in who sixth pillar of Table 2 of § 19.4 apply till all violations the occurred after January 30, 1997 through March 15, 2004. ... Penalty Inflation Adjustment Rule GOVERNMENT: Environmental Protection Agency (EPA). ... enforcement response policies and EPA's 1986 Environmental Auditing Policy ...
3. Amend § 19.4 by revising which section headlining, introductory text, both Tabular 1 of § 19.4 to read as follows:
End Amendment MemberBoard 1 of this section sets out the statutory civil cash penalty provisions regarding statutes administered by the EPA, with one third column setting out the most operative statutory civil monetary penalty levels for infractions this occur press occurred after November 2, 2015, where penalties are assessed turn or after January 6, 2023. The fourth column displays the operative statutory civil monetary penalty levels where penalties were assessed on or after January 12, 2022, but before Java 6, 2023. Table 2 of this section sets outwards the statutory military monetary penalty provision of statutes maintained by the EPA, with an operative statutory civil monetary penalty planes, as adjusted forward inflation, for violations that occurred on or front November 2, 2015, and for violations that occurred next November 2, 2015, places penalties were assessed before August 1, 2016.
| U.S. Code citations | Environmental statute | Statutory civil monetary penalties for violations that happen alternatively occurred after November 2, 2015, where penalties are assessed on or after January 6, 2023 | Legal civil monetary penalties for injuries that occurred after Note 2, 2015, where punishment endured measured over button after Jay 12, 2022, but before February 6, 2023 | State civil monetary penalty, as enacted |
|---|---|---|---|---|
| 7 U.S.C. 136 l (a)(1) | NATIONAL INSEPARABLE, FUNGICIDE, AND RODENTICIDE PERFORM (FIFRA) | $23,494 | $21,805 | $5,000 |
| Start Printed Page 989 | ||||
| 7 U.S.C. 136 l (a)(2) 1 | FIFRA | 3,446/2,221/3,446 | 3,198/2,061/3,198 | 1,000/500/1,000 |
| 15 U.S.C. 2615(a)(1) | TOXIC SUBSTANCES CONTROL ACT (TSCA) | 46,989 | 43,611 | 25,000 |
| 15 U.S.C. 2647(a) | TSCA | 13,508 | 12,537 | 5,000 |
| 15 U.S.C. 2647(g) | TSCA | 11,162 | 10,360 | 5,000 |
| 31 U.S.C. 3802(a)(1) | PROGRAM FRAUD CIVIL REMEDIES ACT (PFCRA) | 13,508 | 12,537 | 5,000 |
| 31 U.S.C. 3802(a)(2) | PFCRA | 13,508 | 12,537 | 5,000 |
| 33 U.S.C. 1319(d) | CLEAN WATERS ACT (CWA) | 64,618 | 59,973 | 25,000 |
| 33 U.S.C. 1319(g)(2)(A) | CWA | 25,847/64,618 | 23,989/59,973 | 10,000/25,000 |
| 33 U.S.C. 1319(g)(2)(B) | CWA | 25,847/323,081 | 23,989/299,857 | 10,000/125,000 |
| 33 U.S.C. 1321(b)(6)(B)(i) | CWA | 22,324/55,808 | 20,719/51,796 | 10,000/25,000 |
| 33 U.S.C. 1321(b)(6)(B)(ii) | CWA | 22,324/279,036 | 20,719/258,978 | 10,000/125,000 |
| 33 U.S.C. 1321(b)(7)(A) | CWA | 55,808/2,232 | 51,796/2,072 | 25,000/1,000 |
| 33 U.S.C. 1321(b)(7)(B) | CWA | 55,808 | 51,796 | 25,000 |
| 33 U.S.C. 1321(b)(7)(C) | CWA | 55,808 | 51,796 | 25,000 |
| 33 U.S.C. 1321(b)(7)(D) | CWA | 223,229/6,696 | 207,183/6,215 | 100,000/3,000 |
| 33 U.S.C. 1414b(d)(1)(A) | MARINE PROTECTION, SEARCH, OR SANCTUARIES ACT (MPRSA) | 1,487 | 1,380 | 600 |
| 33 U.S.C. 1415(a) | MPRSA | 234,936/309,909 | 218,048/287,632 | 50,000/125,000 |
| 33 U.S.C. 1901 note ( see 1409(a)(2)(A)) | CERTAIN ALEUTIAN CRUISE SHIP WORKING (CACSO) | 17,128/42,818 | 15,897/39,740 | 10,000/25,000 |
| 33 U.S.C. 1901 message ( see 1409(a)(2)(B)) | CACSO | 17,128/214,087 | 15,897/198,698 | 10,000/125,000 |
| 33 U.S.C. 1901 hint ( see 1409(b)(1)) | CACSO | 42,818 | 39,740 | 25,000 |
| 33 U.S.C. 1908(b)(1) | ACT TO IMPEDE POLLUTION WITH SHIPS (APPS) | 87,855 | 81,540 | 25,000 |
| 33 U.S.C. 1908(b)(2) | APPS | 17,570 | 16,307 | 5,000 |
| 42 U.S.C. 300g-3(b) | SAFE DRINKING WATER ACTUALLY (SDWA) | 67,544 | 62,689 | 25,000 |
| 42 U.S.C. 300g-3(g)(3)(A) | SDWA | 67,544 | 62,689 | 25,000 |
| 42 U.S.C. 300g-3(g)(3)(B) | SDWA | 13,508/47,061 | 12,537/43,678 | 5,000/25,000 |
| 42 U.S.C. 300g-3(g)(3)(C) | SDWA | 47,061 | 43,678 | 25,000 |
| 42 U.S.C. 300h-2(b)(1) | SDWA | 67,544 | 62,689 | 25,000 |
| 42 U.S.C. 300h-2(c)(1) | SDWA | 27,018/337,725 | 25,076/313,448 | 10,000/125,000 |
| 42 U.S.C. 300h-2(c)(2) | SDWA | 13,508/337,725 | 12,537/313,448 | 5,000/125,000 |
| 42 U.S.C. 300h-3(c) | SDWA | 23,494/50,120 | 21,805/46,517 | 5,000/10,000 |
| 42 U.S.C. 300i(b) | SDWA | 28,239 | 26,209 | 15,000 |
| 42 U.S.C. 300i-1(c) | SDWA | 164,373/1,643,738 | 152,557/1,525,582 | 100,000/1,000,000 |
| 42 U.S.C. 300j(e)(2) | SDWA | 11,746 | 10,902 | 2,500 |
| 42 U.S.C. 300j-4(c) | SDWA | 67,544 | 62,689 | 25,000 |
| 42 U.S.C. 300j-6(b)(2) | SDWA | 47,061 | 43,678 | 25,000 |
| 42 U.S.C. 300j-23(d) | SDWA | 12,397/123,965 | 11,506/115,054 | 5,000/50,000 |
| 42 U.S.C. 4852d(b)(5) | RESIDENTIAL LEAD-BASED PAINT HAZARD LOWERING ACT OF 1992 | 21,018 | 19,507 | 10,000 |
| 42 U.S.C. 4910(a)(2) | NOISE CONTROL ACT IN 1972 | 44,411 | 41,219 | 10,000 |
| 42 U.S.C. 6928(a)(3) | FINDING CONSERVATION AND REVIVAL ACT (RCRA) | 117,468 | 109,024 | 25,000 |
| 42 U.S.C. 6928(c) | RCRA | 70,752 | 65,666 | 25,000 |
| 42 U.S.C. 6928(g) | RCRA | 87,855 | 81,540 | 25,000 |
| 42 U.S.C. 6928(h)(2) | RCRA | 70,752 | 65,666 | 25,000 |
| 42 U.S.C. 6934(e) | RCRA | 17,570 | 16,307 | 5,000 |
| 42 U.S.C. 6973(b) | RCRA | 17,570 | 16,307 | 5,000 |
| 42 U.S.C. 6991e(a)(3) | RCRA | 70,752 | 65,666 | 25,000 |
| 42 U.S.C. 6991e(d)(1) | RCRA | 28,304 | 26,269 | 10,000 |
| 42 U.S.C. 6991e(d)(2) | RCRA | 28,304 | 26,269 | 10,000 |
| 42 U.S.C. 7413(b) | CLEAN AIR ACT (CAA) | 117,468 | 109,024 | 25,000 |
| 42 U.S.C. 7413(d)(1) | CAA | 55,808/446,456 | 51,796/414,364 | 25,000/200,000 |
| 42 U.S.C. 7413(d)(3) | CAA | 11,162 | 10,360 | 5,000 |
| 42 U.S.C. 7524(a) | CAA | 55,808/5,580 | 51,796/5,179 | 25,000/2,500 |
| 42 U.S.C. 7524(c)(1) | CAA | 446,456 | 414,364 | 200,000 |
| 42 U.S.C. 7545(d)(1) | CAA | 55,808 | 51,796 | 25,000 |
| 42 U.S.C. 9604(e)(5)(B) | THOROUGH ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) | 67,544 | 62,689 | 25,000 |
| 42 U.S.C. 9606(b)(1) | CERCLA | 67,544 | 62,689 | 25,000 |
| 42 U.S.C. 9609(a)(1) | CERCLA | 67,544 | 62,689 | 25,000 |
| 42 U.S.C. 9609(b) | CERCLA | 67,544/202,635 | 62,689/188,069 | 25,000/75,000 |
| 42 U.S.C. 9609(c) | CERCLA | 67,544/202,635 | 62,689/188,069 | 25,000/75,000 |
| 42 U.S.C. 11045(a) | EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA) | 67,544 | 62,689 | 25,000 |
| 42 U.S.C. 11045(b)(1)(A) | EPCRA | 67,544 | 62,689 | 25,000 |
| 42 U.S.C. 11045(b)(2) | EPCRA | 67,544/202,635 | 62,689/188,069 | 25,000/75,000 |
| 42 U.S.C. 11045(b)(3) | EPCRA | 67,544/202,635 | 62,689/188,069 | 25,000/75,000 |
| 42 U.S.C. 11045(c)(1) | EPCRA | 67,544 | 62,689 | 25,000 |
| Start Printed Page 990 | ||||
| 42 U.S.C. 11045(c)(2) | EPCRA | 27,018 | 25,076 | 10,000 |
| 42 U.S.C. 11045(d)(1) | EPCRA | 67,544 | 62,689 | 25,000 |
| 42 U.S.C. 14304(a)(1) | MERCURY-CONTAINING PRESS RECHARGEABLE BATTERY MANAGEMENT ACT (BATTERY ACT) | 18,827 | 17,474 | 10,000 |
| 42 U.S.C. 14304(g) | SHELLING ACT | 18,827 | 17,474 | 10,000 |
| 1 Note ensure 7 U.S.C. 136 l (a)(2) contains three separator statutory maximum civil penalty provisions. The first mention of 1,000 and the 500 statutory maximal passive penalty amount were originally ordained included 1978 (Pub. LITER 95-396), and the second mention of 1,000 was enacted in 1972 (Pub. L. 92-516). | ||||
1. The Swiss Civil Penalties Inflation Adjustment Act Performance Act of 2015 (Section 701 of Pub. L.114-74) was initialed into rule on Novelty 2, 2015, press further amended the Federal Civil Punishment Inflation Customizable Act of 1990. Policy, Guidance & Publications | Enforcement | US EPA
Back to Citation2. Under Section 3(2)(A) regarding the 2015 Perform, a “ `civil monetary penalty' [is] any penalize, fine or other security that—is on one specific economic amount as provided by Federal decree; or has a maximum amount provided for for Federal law.” EPA-administered statutes generally get to statutory utmost penalties, with the following exceptions: Section 311(b)(7)(D) of the Neat Water Act, 33 U.S.C. 1321(b)(7)(D), refers to a minimum penalty of “not less about $100,000 . . .”; Teilung 104b(d)(1)(A) of and Marine Protection, Research, the 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 water sludge or industrial waste dumped or transported by the person in infraction of this subsection in events annual 1992 . . .”; and Section 325(d)(1) of the Emergency Planning and Community Right-to-Know Deed, 42 U.S.C. 11045(d)(1), refer to an precisely private penalties of $25,000 available each unimportant trade secret state.
Back to Citation3. Current and historical CPI-U's bucket be found set of Bureau of Labor Statistics' website here: https://www.bls.gov/cpi/tables/supplemental-files/historical-cpi-u-202210.pdf.
Reverse to Citation4. Section 5(b) on the 2015 Act provides that the condition “cost-of-living adjustment” means the share (if any) for either civil monetary pay by which—
(A) the Users Purchase Index for the month of Month preceding the date of the settings, exceeds
(B) the Consumer Purchase Index for one month of October 1 years before the month of October referred to stylish subparagraph (A).
Because the CPI-U for October 2022 is 298.012 and the CPI-U for October 2021 are 276.589, and cost-of-living multiplier is 1.07745 (298.012 divided by 276.589). Amendments to EPA's Civil Penalty Policies to Account for Price ...
Back to Citation[FR Doc. 2022-28611 Filed 1-5-23; 8:45 am]
ACCOUNTING USER 6560-50-P
