Civil Monetary Penalty Inflation Adjustment

CourtEnvironmental Protection Agency
Citation87 FR 1676
Publication Date12 January 2022
Record Number2022-00349
Federal Register, Volume 87 Issue 8 (Wednesday, January 12, 2022)
[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
                [Rules and Regulations]
                [Pages 1676-1679]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2022-00349]
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                ENVIRONMENTAL PROTECTION AGENCY
                40 CFR Part 19
                [FRL-5906.6-01-OECA]
                Civil Monetary Penalty Inflation Adjustment
                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 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, as appropriate given 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 a violator's ability to pay.
                DATES: This final rule is effective January 12, 2022.
                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 1996, Federal agencies have been required to issue
                regulations adjusting for inflation the statutory civil monetary
                penalties \1\ that can be imposed under the laws administered by that
                agency. The Federal Civil Penalties Inflation Adjustment Act of 1990,
                as amended by the Debt Collection Improvement Act of 1996 (DCIA),
                required agencies to review their statutory civil monetary penalties
                every four years, and to adjust the statutory civil monetary penalty
                amounts for inflation if the increase met the DCIA's adjustment
                methodology. In accordance with the DCIA, the EPA reviewed and, as
                appropriate, adjusted the civil monetary 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--
                (1)(i) is for a specific monetary amount as provided by Federal law;
                or (ii) has a maximum amount provided for by Federal law; and (2) is
                assessed or enforced by an agency pursuant to Federal law; and (3)
                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\ required each Federal agency to adjust the level
                of statutory civil monetary penalties under the laws implemented by
                that agency with an initial ``catch-up'' adjustment through an interim
                final rulemaking. The 2015 Act also required Federal agencies,
                beginning on January 15, 2017, to make subsequent annual adjustments
                for inflation. Section 4 of the 2015 Act requires each Federal agency
                to publish these 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.
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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 November 2, 2015, and further amended the Federal Civil
                Penalties Inflation Adjustment Act of 1990.
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                 As required by the 2015 Act, the EPA issued a catch-up rule on July
                1, 2016, which was effective August 1, 2016 (81 FR 43091). The EPA has
                made five annual adjustments since then: On 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 February
                6, 2019 (84 FR 2056), and issued a subsequent correction on February
                25, 2019 (84 FR 5955); on January 13, 2020, effective the same day (85
                FR 1751); and on December 23, 2020, effective the same day (85 FR
                83818). This rule implements the sixth annual adjustment mandated by
                the 2015 Act.
                 The 2015 Act provides a formula for calculating the adjustments.
                Each statutory maximum and minimum \3\ 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 2021 exceeds
                the CPI-U for the month of October 2020.\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 ``[f]or each dry ton
                (or equivalent) of sewage sludge or industrial waste dumped or
                transported by the person in violation of this subsection in
                calendar year 1992 . . .''; and Section 325(d)(1) of the Emergency
                Planning and Community Right-to-Know Act, 42 U.S.C. 11045(d)(1),
                refers to an exact civil penalty of $25,000 for each frivolous trade
                secret claim.
                 \4\ Current and historical CPI-U's can be found on the Bureau of
                Labor Statistics' website here: https://www.bls.gov/cpi/tables/supplemental-files/historical-cpi-u-202110.pdf.
                ---------------------------------------------------------------------------
                 With this rule, the new statutory maximum and minimum penalty
                levels listed in the third column of Table 1 of 40 CFR 19.4 will apply
                to all civil monetary penalties assessed on or after January 12, 2022,
                for violations that occurred after November 2, 2015, the
                [[Page 1677]]
                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 23, 2020, but before January 12, 2022. 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 2022 is the
                percentage by which the CPI-U of October 2021 (276.589) exceeds the
                CPI-U for the month of October 2020 (260.388), which is 1.06222.\5\
                Multiply 1.06222 by the current penalty amount. This is the raw
                adjusted penalty value.
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                 \5\ 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--
                 (1) the Consumer Price Index for the month of October preceding
                the date of the adjustment, exceeds
                 (2) the Consumer Price Index for the month of October 1 year
                before the month of October referred to in paragraph (2).
                 Because the CPI-U for October 2021 is 276.589 and the CPI-U for
                October 2020 is 260.388, the cost-of-living multiplier is 1.06222
                (276.589 divided by 260.388).
                ---------------------------------------------------------------------------
                 Step 2: Round the raw adjusted penalty value. Section 5 of the 2015
                Act states that any adjustment shall be rounded to the nearest multiple
                of $1. The result is the final penalty value for the year.
                II. The 2015 Act Requires Federal Agencies To Publish Annual Penalty
                Inflation Adjustments Notwithstanding Section 553 of the Administrative
                Procedure Act
                 Pursuant to section 4 of the 2015 Act, each Federal agency is
                required to publish adjustments no later than January 15 each year. In
                accordance with section 553 of the Administrative Procedure Act (APA),
                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 12, 2022.
                III. Statutory and Executive Order Reviews
                 Additional information about these statutes and Executive orders
                can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
                A. Executive Order 12866: Regulatory Planning and Review and Executive
                Order 13563: Improving Regulation and Regulatory Review
                 This action is not a significant regulatory action and was
                therefore not submitted to OMB for review.
                B. 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
                APA, 5 U.S.C. 553, or any other statute. Because the 2015 Act directs
                Federal agencies to publish this rule notwithstanding section 553 of
                the APA, this rule is not subject to notice and comment requirements or
                the RFA.
                D. Unfunded Mandates Reform Act (UMRA)
                 This action does not contain any unfunded mandate as described in
                UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
                small governments. This action is required by the 2015 Act, without the
                exercise of any policy discretion by the EPA. This action also imposes
                no enforceable duty on any state, local or tribal governments or the
                private sector. Because the calculation of any increase is formula-
                driven pursuant to the 2015 Act, the EPA has no policy discretion to
                vary the amount of the adjustment.
                E. Executive Order 13132: Federalism
                 This action does not have federalism implications. It will not have
                a substantial direct effect on the States, on the relationship between
                the National Government and the States, or on the distribution of power
                and responsibilities among the various levels of government.
                F. Executive Order 13175: Consultation and Coordination With Indian
                Tribal Governments
                 This action does not have tribal implications as specified in
                Executive Order 13175.
                 This rule merely reconciles the real value of current statutory
                civil monetary penalty levels to reflect and keep pace with the levels
                originally set by Congress when the statutes were enacted or amended.
                The calculation of the increases is formula-driven and prescribed by
                statute, and the EPA has no discretion to vary the amount of the
                adjustment to reflect any views or suggestions provided by commenters.
                Accordingly, this rule will not have a substantial direct effect on
                tribal governments, on the relationship between the Federal Government
                and Indian tribes, or on the distribution of power and responsibilities
                between the Federal Government and Indian tribes.
                 Thus, Executive Order 13175 does not apply to this action.
                G. Executive Order 13045: Protection of Children From Environmental
                Health Risks and Safety Risks
                 The EPA interprets Executive Order 13045 as applying only to those
                regulatory actions that concern environmental health or safety risks
                that the EPA has reason to believe may disproportionately affect
                children, per the definition of ``covered regulatory action'' in
                section 2-202 of the Executive order. This action is not subject to
                Executive Order 13045 because it does not concern an environmental
                health risk or safety risk.
                H. 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.
                I. National Technology Transfer and Advancement Act (NTTAA)
                 The rulemaking does not involve technical standards.
                J. Executive Order 12898: Federal Actions To Address Environmental
                Justice in Minority Populations and Low-Income Populations
                 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.
                [[Page 1678]]
                K. Congressional Review Act (CRA)
                 This action is subject to the CRA, and the EPA will submit a rule
                report to each House of the Congress and to the Comptroller General of
                the United States. The CRA allows the issuing agency to make a rule
                effective sooner than otherwise provided by the CRA if the agency makes
                a good cause finding that notice and comment rulemaking procedures are
                impracticable, unnecessary or contrary to the public interest (5 U.S.C.
                808(2)). The EPA finds that the APA's notice and comment rulemaking
                procedures are unnecessary because the 2015 Act directs Federal
                agencies to publish their annual penalty inflation adjustments
                ``notwithstanding section 553 [of the APA].''
                List of Subjects in 40 CFR Part 19
                 Environmental protection, Administrative practice and procedure,
                Penalties.
                Michael S. Regan,
                Administrator.
                 For the reasons set out in the preamble, the EPA amends title 40,
                chapter I, part 19 of the Code of Federal Regulations as follows:
                PART 19--ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION
                0
                1. The authority citation for part 19 continues to read as follows:
                 Authority: Pub. L. 101-410, Oct. 5, 1990, 104 Stat. 890, as
                amended by Pub. L. 104-134, title III, sec. 31001(s)(1), Apr. 26,
                1996, 110 Stat. 1321-373; Pub. L. 105-362, title XIII, sec. 1301(a),
                Nov. 10, 1998, 112 Stat. 3293; Pub. L. 114-74, title VII, sec.
                701(b), Nov. 2, 2015, 129 Stat. 599.
                0
                2. Revise Sec. 19.2 to read as follows:
                Sec. 19.2 Effective date.
                 (a) The statutory civil monetary penalty levels set forth in the
                third column of Table 1 of Sec. 19.4 apply to all violations which
                occur or occurred after November 2, 2015, where the penalties are
                assessed on or after January 12, 2022. 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 23, 2020, but before
                January 12, 2022.
                 (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. In Sec. 19.4, 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 12, 2022. The
                fourth column displays the operative statutory civil monetary penalty
                levels where penalties were assessed on or after December 23, 2020, but
                before January 12, 2022. 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 1/12/2022 23, 2020, but before 1/
                 12/2022
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                7 U.S.C. 136l(a)(1)......................... FEDERAL INSECTICIDE, FUNGICIDE, $21,805 $20,528 $5,000
                 AND RODENTICIDE ACT (FIFRA).
                7 U.S.C. 136l(a)(2) \1\..................... FIFRA.......................... 3,198/2,061/3,198 3,011/1,940/3,011 1,000/500/1,000
                15 U.S.C. 2615(a)(1)........................ TOXIC SUBSTANCES CONTROL ACT 43,611 41,056 25,000
                 (TSCA).
                15 U.S.C. 2647(a)........................... TSCA........................... 12,537 11,803 5,000
                15 U.S.C. 2647(g)........................... TSCA........................... 10,360 9,753 5,000
                31 U.S.C. 3802(a)(1)........................ PROGRAM FRAUD CIVIL REMEDIES 12,537 11,803 5,000
                 ACT (PFCRA).
                31 U.S.C. 3802(a)(2)........................ PFCRA.......................... 12,537 11,803 5,000
                33 U.S.C. 1319(d)........................... CLEAN WATER ACT (CWA).......... 59,973 56,460 25,000
                33 U.S.C. 1319(g)(2)(A)..................... CWA............................ 23,989/59,973 22,584/56,460 10,000/25,000
                33 U.S.C. 1319(g)(2)(B)..................... CWA............................ 23,989/299,857 22,584/282,293 10,000/125,000
                33 U.S.C. 1321(b)(6)(B)(i).................. CWA............................ 20,719/51,796 19,505/48,762 10,000/25,000
                33 U.S.C. 1321(b)(6)(B)(ii)................. CWA............................ 20,719/258,978 19,505/243,808 10,000/125,000
                33 U.S.C. 1321(b)(7)(A)..................... CWA............................ 51,796/2,072 48,762/1,951 25,000/1,000
                33 U.S.C. 1321(b)(7)(B)..................... CWA............................ 51,796 48,762 25,000
                33 U.S.C. 1321(b)(7)(C)..................... CWA............................ 51,796 48,762 25,000
                33 U.S.C. 1321(b)(7)(D)..................... CWA............................ 207,183/6,215 195,047/5,851 100,000/3,000
                33 U.S.C. 1414b(d)(1)(A).................... MARINE PROTECTION, RESEARCH, 1,380 1,299 600
                 AND SANCTUARIES ACT (MPRSA).
                33 U.S.C. 1415(a)........................... MPRSA.......................... 218,048/287,632 205,276/270,784 50,000/125,000
                33 U.S.C. 1901 note (see 1409(a)(2)(A))..... CERTAIN ALASKAN CRUISE SHIP 15,897/39,740 14,966/37,412 10,000/25,000
                 OPERATIONS (CACSO).
                33 U.S.C. 1901 note (see 1409(a)(2)(B))..... CACSO.......................... 15,897/198,698 14,966/187,059 10,000/125,000
                33 U.S.C. 1901 note (see 1409(b)(1))........ CACSO.......................... 39,740 37,412 25,000
                [[Page 1679]]
                
                33 U.S.C. 1908(b)(1)........................ ACT TO PREVENT POLLUTION FROM 81,540 76,764 25,000
                 SHIPS (APPS).
                33 U.S.C. 1908(b)(2)........................ APPS........................... 16,307 15,352 5,000
                42 U.S.C. 300g-3(b)......................... SAFE DRINKING WATER ACT (SDWA). 62,689 59,017 25,000
                42 U.S.C. 300g-3(g)(3)(A)................... SDWA........................... 62,689 59,017 25,000
                42 U.S.C. 300g-3(g)(3)(B)................... SDWA........................... 12,537/43,678 11,803/41,120 5,000/25,000
                42 U.S.C. 300g-3(g)(3)(C)................... SDWA........................... 43,678 41,120 25,000
                42 U.S.C. 300h-2(b)(1)...................... SDWA........................... 62,689 59,017 25,000
                42 U.S.C. 300h-2(c)(1)...................... SDWA........................... 25,076/313,448 23,607/295,088 10,000/125,000
                42 U.S.C. 300h-2(c)(2)...................... SDWA........................... 12,537/313,448 11,803/295,088 5,000/125,000
                42 U.S.C. 300h-3(c)......................... SDWA........................... 21,805/46,517 20,528/43,792 5,000/10,000
                42 U.S.C. 300i(b)........................... SDWA........................... 26,209 24,674 15,000
                42 U.S.C. 300i-1(c)......................... SDWA........................... 152,557/1,525,582 143,621/1,436,220 100,000/1,000,000
                42 U.S.C. 300j(e)(2)........................ SDWA........................... 10,902 10,263 2,500
                42 U.S.C. 300j-4(c)......................... SDWA........................... 62,689 59,017 25,000
                42 U.S.C. 300j-6(b)(2)...................... SDWA........................... 43,678 41,120 25,000
                42 U.S.C. 300j-23(d)........................ SDWA........................... 11,506/115,054 10,832/108,315 5,000/50,000
                42 U.S.C. 4852d(b)(5)....................... RESIDENTIAL LEAD-BASED PAINT 19,507 18,364 10,000
                 HAZARD REDUCTION ACT OF 1992.
                42 U.S.C. 4910(a)(2)........................ NOISE CONTROL ACT OF 1972...... 41,219 38,805 10,000
                42 U.S.C. 6928(a)(3)........................ RESOURCE CONSERVATION AND 109,024 102,638 25,000
                 RECOVERY ACT (RCRA).
                42 U.S.C. 6928(c)........................... RCRA........................... 65,666 61,820 25,000
                42 U.S.C. 6928(g)........................... RCRA........................... 81,540 76,764 25,000
                42 U.S.C. 6928(h)(2)........................ RCRA........................... 65,666 61,820 25,000
                42 U.S.C. 6934(e)........................... RCRA........................... 16,307 15,352 5,000
                42 U.S.C. 6973(b)........................... RCRA........................... 16,307 15,352 5,000
                42 U.S.C. 6991e(a)(3)....................... RCRA........................... 65,666 61,820 25,000
                42 U.S.C. 6991e(d)(1)....................... RCRA........................... 26,269 24,730 10,000
                42 U.S.C. 6991e(d)(2)....................... RCRA........................... 26,269 24,730 10,000
                42 U.S.C. 7413(b)........................... CLEAN AIR ACT (CAA)............ 109,024 102,638 25,000
                42 U.S.C. 7413(d)(1)........................ CAA............................ 51,796/414,364 48,762/390,092 25,000/200,000
                42 U.S.C. 7413(d)(3)........................ CAA............................ 10,360 9,753 5,000
                42 U.S.C. 7524(a)........................... CAA............................ 51,796/5,179 48,762/4,876 25,000/2,500
                42 U.S.C. 7524(c)(1)........................ CAA............................ 414,364 390,092 200,000
                42 U.S.C. 7545(d)(1)........................ CAA............................ 51,796 48,762 25,000
                42 U.S.C. 9604(e)(5)(B)..................... COMPREHENSIVE ENVIRONMENTAL 62,689 59,017 25,000
                 RESPONSE, COMPENSATION, AND
                 LIABILITY ACT (CERCLA).
                42 U.S.C. 9606(b)(1)........................ CERCLA......................... 62,689 59,017 25,000
                42 U.S.C. 9609(a)(1)........................ CERCLA......................... 62,689 59,017 25,000
                42 U.S.C. 9609(b)........................... CERCLA......................... 62,689/188,069 59,017/177,053 25,000/75,000
                42 U.S.C. 9609(c)........................... CERCLA......................... 62,689/188,069 59,017/177,053 25,000/75,000
                42 U.S.C. 11045(a).......................... EMERGENCY PLANNING AND 62,689 59,017 25,000
                 COMMUNITY RIGHT-TO-KNOW ACT
                 (EPCRA).
                42 U.S.C. 11045(b)(1)(A).................... EPCRA.......................... 62,689 59,017 25,000
                42 U.S.C. 11045(b)(2)....................... EPCRA.......................... 62,689/188,069 59,017/177,053 25,000/75,000
                42 U.S.C. 11045(b)(3)....................... EPCRA.......................... 62,689/188,069 59,017/177,053 25,000/75,000
                42 U.S.C. 11045(c)(1)....................... EPCRA.......................... 62,689 59,017 25,000
                42 U.S.C. 11045(c)(2)....................... EPCRA.......................... 25,076 23,607 10,000
                42 U.S.C. 11045(d)(1)....................... EPCRA.......................... 62,689 59,017 25,000
                42 U.S.C. 14304(a)(1)....................... MERCURY-CONTAINING AND 17,474 16,450 10,000
                 RECHARGEABLE BATTERY
                 MANAGEMENT ACT (BATTERY ACT).
                42 U.S.C. 14304(g).......................... BATTERY ACT.................... 17,474 16,450 10,000
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                \1\ Note that 7 U.S.C. 136l(a)(2) contains three separate statutory maximum civil penalty provisions. The first mention of $1,000 and the $500 statutory
                 maximum civil penalty amount were originally enacted in 1978 (Pub. L. 95-396), and the second mention of $1,000 was enacted in 1972 (Pub. L. 92-516).
                * * * * *
                [FR Doc. 2022-00349 Filed 1-11-22; 8:45 am]
                BILLING CODE 6560-50-P
                

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