Civil Monetary Penalty Inflation Adjustment Rule

SUMMARY

The Environmental Protection Agency (EPA) is promulgating this final rule to adjust the level of statutory civil monetary penalty amounts under the statutes EPA administers. This action is mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended through the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (``the 2015 Act''). The 2015 Act prescribes a formula for annually adjusting statutory civil penalties to reflect inflation, maintain the deterrent effect of statutory civil penalties, and promote compliance with the law. The rule does not necessarily revise the penalty amounts that EPA chooses to seek pursuant to its civil penalty policies in a particular case. EPA's civil penalty policies, which guide enforcement personnel in how to exercise EPA's statutory penalty authorities, take into account a number of fact- specific considerations, e.g., the seriousness of the violation, the violator's good faith efforts to comply, any economic benefit gained by the violator as a result of its noncompliance, and a violator's ability to pay.

 
CONTENT

Federal Register, Volume 83 Issue 7 (Wednesday, January 10, 2018)

Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)

Rules and Regulations

Pages 1190-1194

From the Federal Register Online via the Government Publishing Office www.gpo.gov

FR Doc No: 2018-00287

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 19

FRL-9972-92-OECA

Civil Monetary Penalty Inflation Adjustment Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is promulgating this final rule to adjust the level of statutory civil monetary penalty amounts under the statutes EPA administers. This action is mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended through the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (``the 2015 Act''). The 2015 Act prescribes a formula for annually adjusting statutory civil penalties to reflect inflation, maintain the deterrent effect of statutory civil penalties, and promote compliance with the law. The rule does not necessarily revise the penalty amounts that EPA chooses to seek pursuant to its civil penalty policies in a particular case. EPA's civil penalty policies, which guide enforcement personnel in how to exercise EPA's statutory penalty authorities, take into account a number of fact-

specific considerations, e.g., the seriousness of the violation, the violator's good faith efforts to comply, any economic benefit gained by the violator as a result of its noncompliance, and a violator's ability to pay.

DATES: This final rule is effective on January 15, 2018.

FOR FURTHER INFORMATION CONTACT: David Smith-Watts, Office of Civil Enforcement, Office of Enforcement and Compliance Assurance, Mail Code 2241A, Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460, telephone number: (202) 564-4083; email protected.

SUPPLEMENTARY INFORMATION:

I. Background

Since 1990, federal agencies have been required to issue regulations adjusting for inflation the statutory civil penalties \1\ that can be imposed under

Page 1191

the laws administered by that agency. The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 (DCIA), required agencies to review their statutory civil penalties every 4 years, and to adjust the statutory civil penalty amounts for inflation if the increase met the DCIA's adjustment methodology. In accordance with the DCIA, EPA reviewed and, as appropriate, adjusted the civil penalty levels under each of the statutes the agency implements in 1996 (61 FR 69360), 2004 (69 FR 7121), 2008 (73 FR 75340), and 2013 (78 FR 66643).

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\1\ The Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 101-410, 28 U.S.C. 2461 note, defines ``civil monetary penalty'' as ``any penalty, fine, or other sanction that--

(A)(i) is for a specific monetary amount as provided by Federal law; or (ii) has a maximum amount provided for by Federal law; and (B) is assessed or enforced by an agency pursuant to Federal law; and (C) is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts.''

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The 2015 Act \2\ requires agencies to: (1) Adjust the level of statutory civil penalties with an initial ``catch-up'' adjustment through an interim final rulemaking; and (2) beginning January 15, 2017, make subsequent annual adjustments for inflation. The purpose of the 2015 Act is to maintain the deterrent effect of civil penalties by translating originally enacted statutory civil penalty amounts to today's dollars and rounding statutory civil penalties to the nearest dollar.

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\2\ The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Section 701 of Pub. L.114-74) was signed into law on Nov. 2, 2015, and further amended the Federal Civil Penalties Inflation Adjustment Act of 1990.

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As required by the 2015 Act, EPA issued a catch up rule on July 1, 2016, which was effective August 1, 2016 (81 FR 43091), and EPA made its first annual adjustment on January 12, 2017, which was effective January 15, 2017 (82 FR 3633). Today's rule implements the second annual penalty inflation adjustments mandated by the 2015 Act. Section 4 of the 2015 Act requires each federal agency to publish annual adjustments to all civil penalties under the laws implemented by that agency. These annual adjustments are required to be published by January 15 of each year. The 2015 Act describes the method for calculating the adjustments. Each statutory maximum civil monetary penalty is multiplied by the cost-of-living adjustment, which is the percentage by which the Consumer Price Index for all Urban Consumers (CPI-U) for the month of October 2017 exceeds the CPI-U for the month of October 2016.

With this rule, the new statutory maximum (or minimum \3\) penalty levels listed in the sixth column of Table 2 of 40 CFR 19.4 will apply to all civil penalties assessed on or after January 15, 2018, for violations that occurred after November 2, 2015, when the 2015 Act was enacted. The former maximum statutory civil penalty levels, which are in the fifth column of Table 2 to 40 CFR 19.4, will now apply only to violations that occurred after November 2, 2015, where the penalties were assessed on or after January 15, 2017 but before January 15, 2018. The statutory penalty levels for violations that occurred after November 2, 2015, where the penalties were assessed on or after August 1, 2016 but before January 15, 2017, are codified in the fourth column of Table 2 to 40 CFR 19.4. The statutory civil penalty levels that apply to violations that occurred on or before November 2, 2015, are codified at Table 1 to 40 CFR 19.4.

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\3\ Under Section 3(2)(A) of the 2015 Act, ``civil monetary penalty'' means ``a specific monetary amount as provided by Federal law''; or ``has a maximum amount provided for by Federal law.'' EPA-

administered statutes generally refer to statutory maximum penalties, with the following exceptions: Section 311(b)(7)(D) of the Clean Water Act, 33 U.S.C. 1321(b)(7)(D), refers to a minimum penalty of ``not less than $100,000 . . .''; Section 104B(d)(1) of the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. 1414b(d)(1), refers to an exact penalty of $600 ``for each dry ton (or equivalent) of sewage sludge or industrial waste dumped or transported by the person in violation of this subsection in calendar year 1992 . . .''; and Section 325(d)(1) of the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. 11045(d)(1), refers to an exact civil penalty of $25,000 for each frivolous trade secret claim.

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The formula for determining the cost-of-living or inflation adjustment to statutory civil penalties consists of the following steps:

Step 1: The cost-of-living adjustment multiplier for 2018, based on the CPI-U of October 2017, is 1.02041.\4\ Multiply 1.02041 by the current penalty amount. This is the raw adjusted penalty value.

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\4\ Office of Management and Budget Memorandum, Implementation of the Penalty Inflation Adjustments for 2018, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (OMB Memorandum M-18-03) at p. 1 (December 15, 2017).

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Step 2: Round the raw adjusted penalty value. Section 5 of the 2015 Act states that any adjustment shall be rounded to the nearest multiple of $1. The result is the final penalty value for the year.

II. The 2015 Act Requires Federal Agencies To Publish Annual Penalty Inflation Adjustments Notwithstanding Section 553 of the Administrative Procedures Act

Section 4 of the 2015 Act directs federal agencies to publish the second annual adjustments no later than January 15, 2018. In accordance with section 553 of the Administrative Procedures Act (APA), most rules are subject to notice and comment and are effective no earlier than 30 days after publication in the Federal Register. However, Section 4(b)(2) of the 2015 Act provides that each agency shall make the annual inflation adjustments ``notwithstanding section 553'' of the APA. According to OMB guidance issued to Federal agencies on the implementation of the 2018 annual adjustment,\5\ the phrase ``notwithstanding section 553'' means that ``the public procedure the APA generally provides--notice, an opportunity for comment, and a delay in effective date--is not required for agencies to issue regulations implementing the annual adjustment.'' Consistent with the language of the 2015 Act and OMB's implementation guidance, this rule is not subject to notice and an opportunity for public comment and will be effective immediately upon publication.

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\5\ See OMB Memorandum M-18-03 at p. 4.

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III. Statutory and Executive Order Reviews

Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

  1. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review.

  2. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs

    This action is not an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866.

  3. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under the PRA. This rule merely increases the level of statutory civil penalties that can be imposed in the context of a federal civil administrative enforcement action or civil judicial case for violations of EPA-administered statutes and their implementing regulations.

  4. Regulatory Flexibility Act (RFA)

    This action is not subject to the RFA. The RFA applies only to rules subject to notice and comment rulemaking requirements under the APA, 5 U.S.C. 553, or any other statute. Because the 2015 Act directs Federal agencies to publish this rule notwithstanding section 553 of the APA, this rule is not subject to notice and comment requirements or the RFA.

    Page 1192

  5. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. This action is required by the 2015 Act, without the exercise of any policy discretion by EPA. This action also imposes no enforceable duty on any state, local or tribal governments or the private sector. Because the calculation of any increase is formula-

    driven pursuant to the 2015 Act, EPA has no policy discretion to vary the amount of the adjustment.

  6. 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.

  7. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

    This action does not have tribal implications as specified in Executive Order 13175. This rule merely reconciles the real value of current statutory civil penalty levels to reflect and keep pace with the levels originally set by Congress when the statutes were enacted. The calculation of the increases is formula-driven and prescribed by statute, and EPA has no discretion to vary the amount of the adjustment to reflect any views or suggestions provided by commenters. Accordingly, this rule will not have a substantial direct effect on tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes.

  8. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ``covered regulatory action'' in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk.

    I. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866.

  9. National Technology Transfer and Advancement Act (NTTAA)

    The rulemaking does not involve technical standards.

  10. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. Rather, this action is mandated by the 2015 Act, which prescribes a formula for adjusting statutory civil penalties on an annual basis to reflect inflation.

    L. Congressional Review Act (CRA)

    This action is subject to the CRA, and EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. The CRA allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and comment rulemaking procedures are impracticable, unnecessary or contrary to the public interest (5 U.S.C. 808(2)). The 2015 Act directs Federal agencies to publish their annual penalty inflation adjustments ``notwithstanding section 553 of the APA.'' Because OMB has instructed Federal agencies that this provision means that ``notice, an opportunity for comment, and a delay in the effective date'' are not required for agencies to issue regulations implementing the annual adjustment,\6\ EPA finds that the APA's notice and comment rulemaking procedures are impracticable, unnecessary or contrary to the public interest.

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    \6\ See OMB Memorandum M-18-03 at p. 4.

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    List of Subjects in 40 CFR Part 19

    Environmental protection, Administrative practice and procedure, Penalties.

    Dated: January 3, 2018.

  11. Scott Pruitt,

    Administrator.

    For the reasons set out in the preamble, EPA amends title 40, chapter I, part 19 of the Code of Federal Regulations as follows:

    PART 19--ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION

    0

    1. The authority citation for part 19 continues to read as follows:

    Authority: Pub. L. 101-410, Oct. 5, 1990, 104 Stat. 890, as amended by Pub. L. 104-134, title III, sec. 31001(s)(1), Apr. 26, 1996, 110 Stat. 1321-373; Pub. L. 105-362, title XIII, sec. 1301(a), Nov. 10, 1998, 112 Stat. 3293; Pub. L. 114-74, title VII, sec. 701(b), Nov. 2, 2015, 129 Stat. 599.

    0

    2. Revise Sec. 19.2 to read as follows:

    Sec. 19.2 Effective date.

    The statutory penalty levels in the last column of Table 1 to Sec. 19.4 apply to all violations which occurred after December 6, 2013 through November 2, 2015, and to violations occurring after November 2, 2015, where penalties were assessed before August 1, 2016. The statutory civil penalty levels set forth in the fourth column of Table 2 of Sec. 19.4 apply to all violations which occurred after November 2, 2015, where the penalties were assessed on or after August 1, 2016 and before January 15, 2017. The statutory civil penalty levels set forth in the fifth column of Table 2 of Sec. 19.4 apply to all violations which occurred after November 2, 2015, where the penalties were assessed after January 15, 2017 but before January 15, 2018. The statutory civil penalty levels set forth in the sixth and last column of Table 2 of Sec. 19.4 apply to all violations which occur or occurred after November 2, 2015, where the penalties are assessed after January 15, 2018.

    0

    3. In Sec. 19.4, revise the introductory text and table 2 to read as follows:

    Sec. 19.4 Statutory civil penalties, as adjusted for inflation, and tables.

    Table 1 to Sec. 19.4 sets out the statutory civil penalty provisions of statutes administered by EPA, with the original statutory civil penalty levels, as enacted, and the operative statutory civil penalty levels, as adjusted for inflation, for violations that occurred on or before November 2, 2015, and for violations that occurred after November 2, 2015, where penalties were assessed before August 1, 2016. Table 2 to Sec. 19.4 sets out the statutory civil penalty provisions of statutes administered by EPA, with the third column displaying the original statutory civil penalty levels, as enacted. The fourth column of Table 2 displays the operative statutory civil penalty levels where penalties were assessed on or after August 1, 2016 but before January 15, 2017, for violations that occurred after November 2, 2015. The fifth column displays the operative statutory civil penalty levels

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    where penalties are assessed on or after January 15, 2017 but before January 15, 2018, for violations that occur or occurred after November 2, 2015. The sixth and last column displays the operative statutory civil penalty levels where penalties are assessed on or after January 15, 2018, for violations that occur or occurred after November 2, 2015.

    * * * * *

    Table 2 of Section 19.4--Civil Monetary Penalty Inflation Adjustments

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    Statutory civil Statutory civil

    penalties for penalties for Statutory civil

    violations that violations that penalties for

    occurred after occurred after violations that

    Statutory civil November 2, 2015, November 2, 2015, occurred after

    U.S. Code citation Environmental statute penalties, as where penalties where penalties November 2, 2015,

    enacted are assessed on or are assessed on or where penalties

    after August 1, after January 15, are assessed on or

    2016 but before 2017 but before after January 15,

    January 15, 2017 January 15, 2018 2018

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    7 U.S.C. 136l.(a)(1)...................... FEDERAL INSECTICIDE, $5,000 $18,750 $19,057 $19,446

    FUNGICIDE, AND RODENTICIDE

    ACT (FIFRA).

    7 U.S.C. 136l.(a)(2) \1\.................. FIFRA....................... 1,000/500/1,000 2,750/1,772/2,750 2,795/1,801/2,795 2,852/1,838/2,795

    15 U.S.C. 2615(a)(1)...................... TOXIC SUBSTANCES CONTROL ACT 25,000 37,500 38,114 38,892

    (TSCA).

    15 U.S.C. 2647(a)......................... TSCA........................ 5,000 10,781 10,957 11,181

    15 U.S.C. 2647(g)......................... TSCA........................ 5,000 8,908 9,054 9,239

    31 U.S.C. 3802(a)(1)...................... PROGRAM FRAUD CIVIL REMEDIES 5,000 10,781 10,957 11,181

    ACT (PFCRA).

    31 U.S.C. 3802(a)(2)...................... PFCRA....................... 5,000 10,781 10,957 11,181

    33 U.S.C. 1319(d)......................... CLEAN WATER ACT (CWA)....... 25,000 51,570 52,414 53,484

    33 U.S.C. 1319(g)(2)(A)................... CWA......................... 10,000/25,000 20,628/51,570 20,965/52,414 21,393/53,484

    33 U.S.C. 1319(g)(2)(B)................... CWA......................... 10,000/125,000 20,628/257,848 20,965/262,066 21,393/267,415

    33 U.S.C. 1321(b)(6)(B)(i)................ CWA......................... 10,000/25,000 17,816/44,539 18,107/45,268 18,477/46,192

    33 U.S.C. 1321(b)(6)(B)(ii)............... CWA......................... 10,000/125,000 17,816/222,695 18,107/226,338 18,477/230,958

    33 U.S.C. 1321(b)(7)(A)................... CWA......................... 25,000/1,000 44,539/1,782 45,268/1,811 46,192/1,848

    33 U.S.C. 1321(b)(7)(B)................... CWA......................... 25,000 44,539 45,268 46,192

    33 U.S.C. 1321(b)(7)(C)................... CWA......................... 25,000 44,539 45,268 46,192

    33 U.S.C. 1321(b)(7)(D)................... CWA......................... 100,000/3,000 178,156/5,345 181,071/5,432 184,767/5,543

    33 U.S.C. 1414b(d)(1)..................... MARINE PROTECTION, RESEARCH, 600 1,187 1,206 1,231

    AND SANCTUARIES ACT (MPRSA).

    33 U.S.C. 1415(a)......................... MPRSA....................... 50,000/125,000 187,500/247,336 190,568/251,382 194,457/256,513

    33 U.S.C. 1901 note (see 1409(a)(2)(A))... CERTAIN ALASKAN CRUISE SHIP 10,000/25,000 13,669/34,172 13,893/34,731 14,177/35,440

    OPERATIONS (CACSO).

    33 U.S.C. 1901 note (see 1409(a)(2)(B))... CACSO....................... 10,000/125,000 13,669/170,861 13,893/173,656 14,177/177,200

    33 U.S.C. 1901 note (see 1409(b)(1))...... CACSO....................... 25,000 34,172 34,731 35,440

    33 U.S.C. 1908(b)(1)...................... ACT TO PREVENT POLLUTION 25,000 70,117 71,264 72,718

    FROM SHIPS (APPS).

    33 U.S.C. 1908(b)(2)...................... APPS........................ 5,000 14,023 14,252 14,543

    42 U.S.C. 300g-3(b)....................... SAFE DRINKING WATER ACT 25,000 53,907 54,789 55,907

    (SDWA).

    42 U.S.C. 300g-3(g)(3)(A)................. SDWA........................ 25,000 53,907 54,789 55,907

    42 U.S.C. 300g-3(g)(3)(B)................. SDWA........................ 5,000/25,000 10,781/37,561 10,957/38,175 11,181/38,954

    42 U.S.C. 300g-3(g)(3)(C)................. SDWA........................ 25,000 37,561 38,175 38,954

    42 U.S.C. 300h-2(b)(1).................... SDWA........................ 25,000 53,907 54,789 55,907

    42 U.S.C. 300h-2(c)(1).................... SDWA........................ 10,000/125,000 21,563/269,535 21,916/273,945 22,363/279,536

    42 U.S.C. 300h-2(c)(2).................... SDWA........................ 5,000/125,000 10,781/269,535 10,957/273,945 11,181/279,536

    42 U.S.C. 300h-3(c)....................... SDWA........................ 5,000/10,000 18,750/40,000 19,057/40,654 19,446/41,484

    42 U.S.C. 300i(b)......................... SDWA........................ 15,000 22,537 22,906 23,374

    42 U.S.C. 300i-1(c)....................... SDWA........................ 100,000/1,000,000 131,185/1,311,850 133,331/1,333,312 136,052/1,360,525

    42 U.S.C. 300j(e)(2)...................... SDWA........................ 2,500 9,375 9,528 9,722

    42 U.S.C. 300j-4(c)....................... SDWA........................ 25,000 53,907 54,789 55,907

    42 U.S.C. 300j-6(b)(2).................... SDWA........................ 25,000 37,561 38,175 38,954

    42 U.S.C. 300j-23(d)...................... SDWA........................ 5,000/50,000 9,893/98,935 10,055/100,554 10,260/102,606

    42 U.S.C. 4852d(b)(5)..................... RESIDENTIAL LEAD-BASED PAINT 10,000 16,773 17,047 17,395

    HAZARD REDUCTION ACT OF

    1992.

    42 U.S.C. 4910(a)(2)...................... NOISE CONTROL ACT OF 1972... 10,000 35,445 36,025 36,760

    42 U.S.C. 6928(a)(3)...................... RESOURCE CONSERVATION AND 25,000 93,750 95,284 97,229

    RECOVERY ACT (RCRA).

    42 U.S.C. 6928(c)......................... RCRA........................ 25,000 56,467 57,391 58,562

    42 U.S.C. 6928(g)......................... RCRA........................ 25,000 70,117 71,264 72,718

    42 U.S.C. 6928(h)(2)...................... RCRA........................ 25,000 56,467 57,391 58,562

    42 U.S.C. 6934(e)......................... RCRA........................ 5,000 14,023 14,252 14,543

    42 U.S.C. 6973(b)......................... RCRA........................ 5,000 14,023 14,252 14,543

    42 U.S.C. 6991e(a)(3)..................... RCRA........................ 25,000 56,467 57,391 58,562

    42 U.S.C. 6991e(d)(1)..................... RCRA........................ 10,000 22,587 22,957 23,426

    42 U.S.C. 6991e(d)(2)..................... RCRA........................ 10,000 22,587 22,957 23,426

    42 U.S.C. 7413(b)......................... CLEAN AIR ACT (CAA)......... 25,000 93,750 95,284 97,229

    42 U.S.C. 7413(d)(1)...................... CAA......................... 25,000/200,000 44,539/356,312 45,268/362,141 46,192/369,532

    42 U.S.C. 7413(d)(3)...................... CAA......................... 5,000 8,908 9,054 9,239

    42 U.S.C. 7524(a)......................... CAA......................... 25,000/2,500 44,539/4,454 45,268/4,527 46,192/4,619

    42 U.S.C. 7524(c)(1)...................... CAA......................... 200,000 356,312 362,141 369,532

    42 U.S.C. 7545(d)(1)...................... CAA......................... 25,000 44,539 45,268 46,192

    42 U.S.C. 9604(e)(5)(B)................... COMPREHENSIVE ENVIRONMENTAL 25,000 53,907 54,789 55,907

    RESPONSE, COMPENSATION, AND

    LIABILITY ACT (CERCLA).

    42 U.S.C. 9606(b)(1)...................... CERCLA...................... 25,000 53,907 54,789 55,907

    42 U.S.C. 9609(a)(1)...................... CERCLA...................... 25,000 53,907 54,789 55,907

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    42 U.S.C. 9609(b)......................... CERCLA...................... 25,000/75,000 53,907/161,721 54,789/164,367 55,907/167,722

    42 U.S.C. 9609(c)......................... CERCLA...................... 25,000/75,000 53,907/161,721 54,789/164,367 55,907/167,722

    42 U.S.C. 11045(a)........................ EMERGENCY PLANNING AND 25,000 53,907 54,789 55,907

    COMMUNITY RIGHT-TO-KNOW ACT

    (EPCRA).

    42 U.S.C. 11045(b)(1)(A).................. EPCRA....................... 25,000 53,907 54,789 55,907

    42 U.S.C. 11045(b)(2)..................... EPCRA....................... 25,000/75,000 53,907/161,721 54,789/164,367 55,907/167,722

    42 U.S.C. 11045(b)(3)..................... EPCRA....................... 25,000/75,000 53,907/161,721 54,789/164,367 55,907/167,722

    42 U.S.C. 11045(c)(1)..................... EPCRA....................... 25,000 53,907 54,789 55,907

    42 U.S.C. 11045(c)(2)..................... EPCRA....................... 10,000 21,563 21,916 22,363

    42 U.S.C. 11045(d)(1)..................... EPCRA....................... 25,000 53,907 54,789 55,907

    42 U.S.C. 14304(a)(1)..................... MERCURY-CONTAINING AND 10,000 15,025 15,271 15,583

    RECHARGEABLE BATTERY

    MANAGEMENT ACT (BATTERY

    ACT).

    42 U.S.C. 14304(g)........................ BATTERY ACT................. 10,000 15,025 15,271 15,583

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    \1\ Note that 7 U.S.C. 136l.(a)(2) contains three separate statutory maximum civil penalty provisions. The first mention of $1,000 and the $500

    statutory maximum civil penalty amount were originally enacted in 1978 (Pub. L. 95-396), and the second mention of $1,000 was enacted in 1972 (Pub. L.

    92-516).

    FR Doc. 2018-00287 Filed 1-9-18; 8:45 am

    BILLING CODE 6560-50-P