Civil Monetary Penalty Inflation Adjustment Rule

[Federal Register: July 3, 2003 (Volume 68, Number 128)]
[Proposed Rules]
[Page 39882-39887]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy03-23]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 19 and 27
[FRL-7522-4]

AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency is proposing to amend the
final Civil Monetary Penalty Inflation Adjustment Rule, as mandated by
the Debt Collection Improvement Act of 1996, to adjust EPA's civil
monetary penalties (``CMPs'') for inflation on a periodic basis. The
Agency is required to review its penalties at least once every four
years and to adjust them as necessary for inflation according to a
formula specified in the statute. A complete version of Table 1 from
the proposed regulatory text, which lists all of the EPA's civil
monetary penalty authorities, appears near the end of this document.

DATES: Written comments should be submitted on or before August 4,
2003.

ADDRESSES: Mail written comments to the Docket Office, Enforcement &
Compliance Docket and Information Center (2201AT), Docket Number EC-
2001-008, U.S. Environmental Protection Agency, EPA West, 1200
Pennsylvania Avenue, NW., Room B133, Washington, DC 20460 (in
triplicate, if possible). Please use a font size no smaller than 12.
Written comments may be delivered in person to: U.S. Environmental
Protection Agency, EPA West, 1301 Constitution Avenue, NW., Room B133,
Washington, DC 20460. Comments may also be submitted electronically to
docket.oeca@epa.gov or faxed to (202) 566-1511. Attach electronic
comments as an ASCii (text) file, and avoid the use of special
characters and any form of encryption. Be sure to include the docket
number, EC-2001-008 on your document. Public comments, if any, may be
reviewed at the Enforcement and Compliance Docket Information Center,
U.S. Environmental Protection Agency, EPA West, 1301 Constitution
Avenue, NW., Room B133, Washington, DC 20460. Persons interested in
reviewing this docket may do so by calling (202) 566-1512.

FOR FURTHER INFORMATION CONTACT: David Abdalla, Office of Regulatory
Enforcement, Multimedia Enforcement Division, Mail Code 2248A, 1200
Pennsylvania Avenue, NW., Washington, DC 20460, (202) 564-2413.

SUPPLEMENTARY INFORMATION:

Background

Pursuant to section 4 of the Federal Civil Penalties Inflation
Adjustment Act of 1990, 28 U.S.C. 2461 note, as amended by the Debt
Collection Improvement Act of 1996, 31 U.S.C. 3701 note, (``DCIA''),
each federal agency is required to issue regulations adjusting for
inflation the maximum civil monetary penalties that can be imposed
pursuant to such agency's statutes. The purpose of these adjustments is
to maintain the deterrent effect of CMPs and to further the policy
goals of the laws. The DCIA requires adjustments to be made at least
once every four years following the initial adjustment. The EPA's
initial adjustment to each CMP was published in the Federal Register on
December 31, 1996, at 61 FR 69360 and became effective on January 30,
1997.
The proposed rule adjusts the amount for each type of CMP that EPA
has jurisdiction to impose in accordance with these statutory
requirements. It does so by revising the table contained in 40 CFR
19.4. The table identifies the statutes that provide EPA with CMP
authority and sets out the inflation-adjusted maximum penalty that EPA
may impose pursuant to each statutory provision. The proposed rule also
revises the effective date provisions of 40 CFR 19.2 to make the
penalty amounts set forth in 40 CFR 19.4 apply to all applicable
violations that occur after the effective date of the final rule.
The DCIA requires that the adjustment reflect the percentage
increase in the Consumer Price Index between June of the calendar year
preceding the adjustment and June of the calendar year in which the
amount was last set or adjusted. The DCIA defines the Consumer Price
Index as the Consumer Price Index for all urban consumers published by
the Department of Labor (``CPI-U''). As the initial adjustment was made
and published on December 31, 1996, the inflation adjustment for the
CMPs set forth in the proposed rule was calculated by comparing the
CPI-U for June 1996 (156.7) with the CPI-U for June 2002 (179.9),
resulting in an inflation adjustment of 14.8 percent. In addition, the
DCIA's rounding rules require that an increase be rounded to the
nearest multiple of: $10 in the case of penalties less than or equal to
$100; $100 in the case of penalties greater than $100 but less than or
equal to $1,000; $1,000 in the case of penalties greater than $1,000
but less than or equal to $10,000; $5,000 in the case of penalties
greater than $10,000 but less than or equal to $100,000; $10,000 in the
case of penalties greater than $100,000 but less than or equal to
$200,000; and $25,000 in the case of penalties greater than $200,000.
The amount of each CMP was multiplied by 14.8 percent (the
inflation adjustment) and the resulting increase amount was rounded up
or down according to the rounding requirements of the statute. The
table below shows the inflation-adjusted CMPs and includes only the
CMPs as of the effective date of the final rule. EPA intends to
readjust these amounts in the year 2007 and every four years
thereafter, assuming there are no further changes to the mandate
imposed by the DCIA.
On June 18, 2002, the EPA published a direct final rule and a
parallel proposed rule in the Federal Register (67 FR 41343). The
direct final rule would have amended the Civil Monetary Penalty
Inflation Adjustment Rule, as mandated by the DCIA, to adjust EPA's
civil monetary penalties for inflation. EPA stated in the direct final
rule that if we received adverse comment by July 18, 2002, EPA would
publish a timely notice of withdrawal on or before the August 19, 2002
effective date, and then address that comment in a subsequent final
action based on the parallel proposal published at (67 FR 41363). EPA

[[Page 39883]]

subsequently received one adverse comment on the direct final rule from
the Government Accounting Office (``GAO''), which stated that EPA had
misinterpreted the rounding formula provided in the DCIA. Accordingly,
EPA withdrew the direct final rule on August 19, 2002 (67 FR 53743).
The formula for the amount of the penalty adjustment is prescribed
by Congress in the DCIA and these changes are not subject to the
exercise of discretion by EPA. However the rounding requirement of the
statute is subject to different interpretations. Some agencies rounded
the increase based on the amount of the current penalty before
adjustment, while other agencies have rounded the increase based on the
amount of the increase resulting from the CPI percentage calculation.
Still other agencies first added the CPI increase to the amount of the
current penalty and then rounded the total based on the amount of the
increased penalty. The penalties in EPA's direct final rule were
rounded based on the amount of the increase resulting from the CPI
percentage increase because this approach appears to achieve the intent
of the DCIA by steadily tracking the CPI over time. However, the GAO's
adverse comment asserts that a strict reading of the DCIA requires
rounding the CPI increase based on the amount of the current penalty
before adjustment. EPA proposes to adopt GAO's interpretation of the
DCIA rounding rules and round the CPI increases based on the amount of
the current penalty before adjustment. EPA intends to use this formula
for calculating future adjustments to the CMPs and will not provide
additional comment periods at the time future adjustments are made.

Administrative Requirements

Although EPA is publishing this rule with proposal, we view this as
a noncontroversial amendment and anticipate no further adverse comment.
This rule incorporates requirements specifically set forth in the DCIA
requiring EPA to issue a regulation implementing inflation adjustments
for all its civil penalty provisions. These technical changes, required
by law, do not substantively alter the existing regulatory framework or
in any way affect the terms under which civil penalties are assessed by
EPA. In addition, EPA has made minor conforming changes to the
regulations to reflect the effective date of the new penalties
prescribed by Congress. We will address all public comments in a
subsequent final rule based on this proposed rule. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time.

Statutory and Executive Order Review

Executive Order 12866: Regulatory Planning and Review

Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that the proposed rule is not a
``significant regulatory action'' under the terms of Executive Order
12866, and is therefore not subject to review by the Office of
Management and Budget.

Paperwork Reduction Act

This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Burden means the total time, effort, financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

Regulatory Flexibility Act

The Regulatory Flexibility Act, as amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq., generally requires an agency to prepare a regulatory flexibility
analysis of any rule subject to notice and comment rulemaking
requirements unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions. For purposes of assessing the impacts of
today's rule on small entities, small entity is defined as (1) a small
business as defined in the Small Business Administration regulations at
13 CFR part 121; (2) a small governmental jurisdiction that is a
government of a city, county, town school district or special district
with a population of less than 50,000; and (3) a small organization
that is any not-for-profit enterprise which is independently owned and
operated and is not dominant in its field.
After considering the economic impacts of today's rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. EPA is
required by the DCIA to adjust civil monetary penalties for inflation.
The formula for the amount of the penalty adjustment is prescribed by
Congress and is not subject to the exercise of discretion by EPA. EPA's
action implements this statutory mandate and does not substantively
alter the existing regulatory framework. This rule does not affect
mechanisms already in place, including statutory provisions and EPA
policies, that address the special circumstances of small entities when
assessing penalties in enforcement actions.
Although this proposed rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to reduce the impact of this rule on small entities. Small
entities may be affected by this rule only if the federal government
finds them in violation and seeks monetary penalties. EPA's media
penalty policies generally take into account an entity's ``ability to
pay'' in determining the amount of a penalty. Additionally, the final
amount of any civil penalty assessed against a violator remains

[[Page 39884]]

committed to the discretion of the Federal Judge or Administrative Law
Judge hearing a particular case. We continue to be interested in the
potential impacts of the proposed rule on small entities and welcome
comments on issues related to such impacts.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
The proposed rule contains no Federal mandates (under the
regulatory provisions of Title II of the UMRA) for State, local, or
tribal governments or the private sector because the rule implements
mandate(s) specifically and explicitly set forth by the Congress
without the exercise of any policy discretion by EPA. Thus, the
proposed rule is not subject to the requirements of sections 202 and
205 of the UMRA. EPA has determined that the proposed rule contains no
regulatory requirements that might significantly or uniquely affect
small governments.

Executive Order 13132: Federalism

Executive Order 13132, entitled Federalism (64 FR 43255, August 10,
1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects 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.'' The proposed
rule does not have federalism implications. It will not have
substantial direct effects 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, as
specified in Executive Order 13132. Thus, Executive Order 13132 does
not apply to this rule.

Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments

Executive Order 13175, entitled Consultation and Coordination with
Indian Tribal Governments (59 FR 22951, November 9, 2000), requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' As the proposed rule will not have
substantial direct effects 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, Executive Order 13175 does not apply to
this rule.

Executive Order 13045: Protection of Children From Environmental Health
& Safety Risks

Executive Order 13045, Protection of Children from Environmental
Health Risks and Safety Risks (62 FR 19885, April 23, 1997), applies to
any rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency. EPA
interprets Executive Order 13045 as applying only to those regulatory
actions that are based on health or safety risks, such that the
analysis required under section 5-501 of the Order has the potential to
influence the regulation. This rule is not subject to Executive Order
13045 because it does not establish an environmental standard intended
to mitigate health or safety risks. Because this action does not
involve technical standards, EPA did not consider the use of any
voluntary consensus standards under the National Technology Transfer
and Advancement Act of 1995 (15 U.S.C. 272 note).

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

This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.

National Technology Transfer Advancement Act

Section 12(d) of the National Technology Transfer Advancement Act
of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards. This
proposed rulemaking does not involve technical standards. Therefore,
EPA is not considering the use of any voluntary consensus standards.
Because this action does not involve technical standards, EPA did
not consider the use of any voluntary consensus standards under the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note).

[[Page 39885]]

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

Nor does it require any special considerations under Executive
Order 12898, entitled Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994).

Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

List of Subjects

40 CFR Part 19

Environmental protection, Administrative practice and procedure,
Penalties.

40 CFR Part 27

Administrative practice and procedure, Assessments, Claims, Fraud,
Penalties.

Dated: June 27, 2003.
Christine Todd Whitman,
Administrator.

For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:
1. Revise part 19 to read as follows:

PART 19--ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION

Sec.
19.1 Applicability.
19.2 Effective Date.
19.3 [Reserved].
19.4 Penalty Adjustment and Table.

Authority: Pub. L. 101-410, 28 U.S.C. 2461 note; Pub. L. 104-
134, 31 U.S.C. 3701 note.

Sec. 19.1 Applicability.

This part applies to each statutory provision under the laws
administered by the Environmental Protection Agency concerning the
maximum civil monetary penalty which may be assessed in either civil
judicial or administrative proceedings.

Sec. 19.2 Effective Date.

The increased penalty amounts set forth in this rule apply to all
violations under the applicable statutes and regulations which occur
after July 3, 2003. [The regulatory penalty provisions of this part
effective on January 30, 1997 remain in effect for any violation of law
occurring between January 30, 1997 and July 3, 2003.

Sec. 19.3 [Reserved].

Sec. 19.4 Penalty Adjustment and Table.

The adjusted statutory penalty provisions and their maximum
applicable amounts are set out in Table 1. The last column in the table
provides the newly effective maximum penalty amounts.

Table 1 of Sec. 19.4.--Civil Monetary Penalty Inflation Adjustments
-------------------------------------------------------------------------------------------------------------------------------
Civil monetary penalty
U.S. Code citation description New maximum penalty amount in dollars
-------------------------------------------------------------------------------------------------------------------------------
7 U.S.C. 1361.(a)(1)........................................ FEDERAL INSECTICIDE, $6,500
FUNGICIDE, & RODENTICIDE ACT
CIVIL PENALTY--GENERAL--
COMMERCIAL APPLICATORS, ETC..
7 U.S.C. 1361.(a)(2)........................................ FEDERAL INSECTICIDE, $650/$1,100
FUNGICIDE, & RODENTICIDE ACT
CIVIL PENALTY--PRIVATE
APPLICATORS--FIRST AND
SUBSEQUENT OFFENSES OR
VIOLATIONS.
15 U.S.C. 2615(a)........................................... TOXIC SUBSTANCES CONTROL ACT $32,500
CIVIL PENALTY.
15 U.S.C. 2647(a)........................................... ASBESTOS HAZARD EMERGENCY $6,500
RESPONSE ACT CIVIL PENALTY.
31 U.S.C. 3802(a)(1)........................................ PROGRAM FRAUD CIVIL REMEDIES $6,500
ACT/VIOLATION INVOLVING
FALSE CLAIM.
31 U.S.C. 3802(a)(2)........................................ PROGRAM FRAUD CIVIL REMEDIES $6,500
ACT/VIOLATION INVOLVING
FALSE STATEMENT.
33 U.S.C. 1319(d)........................................... CLEAN WATER ACT VIOLATION/ $32,500
CIVIL JUDICIAL PENALTY.
33 U.S.C. 1319(g)(2)(A)..................................... CLEAN WATER ACT VIOLATION/ $11,000/$32,500
ADMINISTRATIVE PENALTY PER
VIOLATION AND MAXIMUM.
33 U.S.C. 1319(g)(2)(B)..................................... CLEAN WATER ACT VIOLATION/ $11,000/$157,500
ADMINISTRATIVE PENALTY PER
VIOLATION and MAXIMUM.
33 U.S.C. 1321(b)(6)(B)(I).................................. CLEAN WATER ACT VIOLATION/ $11,000/$32,500
ADMIN PENALTY OF SEC
311(b)(3)&(j) PER VIOLATION
AND MAXIMUM.
33 U.S.C. 1321(b)(6)(B)(ii)................................. CLEAN WATER ACT VIOLATION/ $11,000/$157,500
ADMIN PENALTY OF SEC
311(b)(3)&(j) PER VIOLATION
AND MAXIMUM.
33 U.S.C. 1321(b)(7)(A)..................................... CLEAN WATER ACT VIOLATION/ $32,500 or $1,100 per barrel or unit.
CIVIL JUDICIAL PENALTY OF
SEC 311(b)(3)--PER VIOLATION
PER DAY OR PER BARREL OR
UNIT.
33 U.S.C. 1321(b)(7)(B)..................................... CLEAN WATER ACT VIOLATION/ $32,500
CIVIL JUDICIAL PENALTY OF
SEC 311(c)&(e)(1)(B).
33 U.S.C. 1321(b)(7)(C)..................................... CLEAN WATER ACT VIOLATION/ $32,500
CIVIL JUDICIAL PENALTY OF
SEC 311(j).

[[Page 39886]]

33 U.S.C. 1321(b)(7)(D)..................................... CLEAN WATER ACT VIOLATION/ $120,000 or $3,300 per barrel or unit.
MINIMUM CIVIL JUDICIAL
PENALTY OF SEC 311(b)(3)--
PER VIOLATION OR PER BARREL/
UNIT.
33 U.S.C. 1414b(d).......................................... MARINE PROTECTION, RESEARCH & $760
SANCTUARIES ACT VIOL SEC
104b(d).
33 U.S.C. 1415(a)........................................... MARINE PROTECTION RESEARCH $60,000/$157,500
AND SANCTUARIES ACT
VIOLATIONS--FIRST &
SUBSEQUENT VIOLATIONS.
42 U.S.C. 300g-3(b)......................................... SAFE DRINKING WATER ACT/CIVIL $32,500
JUDICIAL PENALTY OF SEC
1414(b).
42 U.S.C. 300g-3(c)......................................... SAFE DRINKING WATER ACT/CIVIL $32,500
JUDICIAL PENALTY OF SEC
1414(c).
42 U.S.C. 300g-3(g)(3)(A)................................... SAFE DRINKING WATER ACT/CIVIL $32,500
JUDICIAL PENALTY OF SEC
1414(g)(3)(a).
42 U.S.C. 300g-3(g)(3)(B)................................... SAFE DRINKING WATER ACT/ $6,000/$30,000
MAXIMUM ADMINISTRATIVE
PENALTIES PER SEC
1414(g)(3)(B).
42 U.S.C. 300g-3(g)(3)(C)................................... SAFE DRINKING WATER ACT/ $30,000
THRESHOLD REQUIRING CIVIL
JUDICIAL ACTION PER SEC
1414(g)(3)(C).
42 U.S.C. 300h-2(b)(1)...................................... SDWA/CIVIL JUDICIAL PENALTY/ $32,500
VIOLATIONS OF REQS--
UNDERGROUND INJECTION
CONTROL (UIC).
42 U.S.C. 300h-2(c)(1)...................................... SDWA/CIVIL ADMIN PENALTY/ $11,000/$157,500
VIOLATIONS OF UIC REQS--PER
VIOLATION AND MAXIMUM.
42 U.S.C.300h-2(c)(2)....................................... SDWA/CIVIL ADMIN PENALTY/ $6,500/$157,500
VIOLATIONS OF UIC REQS--PER
VIOLATION AND MAXIMUM.
42 U.S.C. 300h-3(c)(1)...................................... SDWA/VIOLATION/OPERATION OF $6,500
NEW UNDERGROUND INJECTION
WELL.
42 U.S.C. 300h-3(c)(2)...................................... SDWA/WILLFUL VIOLATION/ $11,000
OPERATION OF NEW UNDERGROUND
INJECTION WELL.
42 U.S.C. 300i(b)........................................... SDWA/FAILURE TO COMPLY WITH $15,000
IMMINENT AND SUBSTANTIAL
ENDANGERMENT ORDER.
42 U.S.C. 300i-1(c)......................................... SDWA/ATTEMPTING TO OR $100,000/$1,000,000
TAMPERING WITH PUBLIC WATER
SYSTEM/CIVIL JUDICIAL
PENALTY.
42 U.S.C. 300j(e)(2)........................................ SDWA/FAILURE TO COMPLY W/ $2,750
ORDER ISSUED UNDER SEC.
1441(c)(1).
42 U.S.C. 300j-4(c)......................................... SDWA/REFUSAL TO COMPLY WITH $32,500
REQS. OF SEC. 1445(a) OR (b).
42 U.S.C. 300j-6(b)(2)...................................... SDWA/FAILURE TO COMPLY WITH $30,000
ADMIN. ORDER ISSUED TO
FEDERAL FACILITY.
42 U.S.C. 300j-23(d)........................................ SDWA/VIOLATIONS/SECTION $6,500/$60,000
1463(b)--FIRST OFFENSE/
REPEAT OFFENSE.
42 U.S.C. 4852d(b)(5)....................................... RESIDENTIAL LEAD-BASED PAINT $11,000
HAZARD REDUCTION ACT OF
1992, SEC 1018--CIVIL
PENALTY.
42 U.S.C. 4910(a)(2)........................................ NOISE CONTROL ACT OF 1972-- $11,000
CIVIL PENALTY.
42 U.S.C. 6928(a)(3)........................................ RESOURCE CONSERVATION & $32,500
RECOVERY ACT/VIOLATION
SUBTITLE C ASSESSED PER
ORDER.
42 U.S.C. 6928(c)........................................... RES. CONS. & REC. ACT/ $32,500
CONTINUED NONCOMPLIANCE OF
COMPLIANCE ORDER.
42 U.S.C. 6928(g)........................................... RESOURCE CONSERVATION & $32,500
RECOVERY ACT/VIOLATION
SUBTITLE C.
42 U.S.C. 6928(h)(2)........................................ RES. CONS. & REC. ACT/ $32,500
NONCOMPLIANCE OF CORRECTIVE
ACTION ORDER.
42 U.S.C. 6934(e)........................................... RES. CONS. & REC. ACT/ $6,500
NONCOMPLIANCE WITH SECTION
3013 ORDER.
42 U.S.C. 6973(b)........................................... RES. CONS. & REC. ACT/ $6,500
VIOLATIONS OF ADMINISTRATIVE
ORDER.
42 U.S.C. 6991e(a)(3)....................................... RES. CONS. & REC. ACT/ $32,500
NONCOMPLIANCE WITH UST
ADMINISTRATIVE ORDER.
42 U.S.C. 6991e(d)(1)....................................... RES. CONS. & REC. ACT/FAILURE $11,000
TO NOTIFY OR FOR SUBMITTING
FALSE INFORMATION.
42 U.S.C. 6991e(d)(2)....................................... RCRA/VIOLATIONS OF SPECIFIED $11,000
UST REGULATORY REQUIREMENTS.
42 U.S.C. 14304(a)(1)....................................... BATTERY ACT VIOLATIONS....... $11,000
42 U.S.C. 14304(g).......................................... BATTERY ACT/VIOLATIONS OF $11,000
CORRECTIVE ACTION ORDERS.
42 U.S.C. 7413(b)........................................... CLEAN AIR ACT/VIOLATION/ $32,500
OWNERS & OPERATORS OF
STATIONARY AIR POLLUTION
SOURCES--JUDICIAL PENALTIES.

[[Page 39887]]

42 U.S.C. 7413(d)(1)........................................ CLEAN AIR ACT/VIOLATION/ $32,500/$245,000
OWNERS & OPERATORS OF
STATIONARY AIR POLLUTION
SOURCES--ADMINISTRATIVE
PENALTIES PER VIOLATION &
MAX.
42 U.S.C. 7413(d)(3)........................................ CLEAN AIR ACT/MINOR $6,500
VIOLATIONS/STATIONARY AIR
POLLUTION SOURCES--FIELD
CITATIONS.
42 U.S.C. 7524(a)........................................... TAMPERING OR MANUFACTURE/SALE $2,750
OF DEFEAT DEVICES IN
VIOLATION OF 7522(a)(3)(A)
OR (a)(3)(B)--BY PERSONS.
42 U.S.C. 7524(a)........................................... VIOLATION OF 7522(a)(3)(A) OR $32,500
(a)(3)(B)--BY MANUFACTURERS
OR DEALERS; ALL VIOLATIONS
OF 7522(a)(1), (2), (4), &
(5) BY ANYONE.
42 U.S.C. 7524(c)........................................... ADMINISTRATIVE PENALTIES AS $245,000
SET IN 7524(a) & 7545(d)
WITH A MAXIMUM
ADMINISTRATIVE PENALTY.
42 U.S.C. 7545(d)........................................... VIOLATIONS OF FUELS $32,500
REGULATIONS.
42 U.S.C. 9604(e)(5)(B)..................................... SUPERFUND AMEND. & $32,500
REAUTHORIZATION ACT/
NONCOMPLIANCE W/REQUEST FOR
INFO OR ACCESS.
42 U.S.C. 9606(b)(1)........................................ SUPERFUND/WORK NOT PERFORMED $32,500
W/IMMINENT, SUBSTANTIAL
ENDANGERMENT.
42 U.S.C. 9609(a)&(b)....................................... SUPERFUND/ADMIN. PENALTY $32,500
VIOLATIONS UNDER 42 U.S.C.
SECT. 9603, 9608, OR 9622.
42 U.S.C. 9609(b)........................................... SUPERFUND/ADMIN. PENALTY $92,500
VIOLATIONS--SUBSEQUENT.
42 U.S.C. 9609(c)........................................... SUPERFUND/CIVIL JUDICIAL $32,500
PENALTY/VIOLATIONS OF SECT.
9603, 9608, 9622.
42 U.S.C. 9609(c)........................................... SUPERFUND/CIVIL JUDICIAL $92,500
PENALTY/SUBSEQUENT
VIOLATIONS OF SECT. 9603,
9608, 9622.
42 U.S.C. 11045(a)&(b)(1), (2) & (3)........................ EMERGENCY PLANNING AND $32,500
COMMUNITY RIGHT-TO-KNOW ACT
CLASS I & II ADMINISTRATIVE
AND CIVIL PENALTIES.
42 U.S.C. 11045(b)(2) & (3)................................. EPCRA CLASS I & II $92,500
ADMINISTRATIVE AND CIVIL
PENALTIES--SUBSEQUENT
VIOLATIONS.
42 U.S.C. 11045(c)(1)....................................... EPCRA CIVIL AND $32,500
ADMINISTRATIVE REPORTING
PENALTIES FOR VIOLATIONS OF
SECTIONS 11022 OR 11023.
42 U.S.C. 11045(c)(2)....................................... EPCRA CIVIL AND $11,000
ADMINISTRATIVE REPORTING
PENALTIES FOR VIOLATIONS OF
SECTIONS 11021 OR 11043(b).
42 U.S.C. 11045(d)(1)....................................... EPCRA--FRIVOLOUS TRADE SECRET $32,500 per barrel or unit.
CLAIMS--CIVIL AND
ADMINISTRATIVE PENALTIES.
-------------------------------------------------------------------------------------------------------------------------------

PART 27--[AMENDED]

2. The authority citation for Part 27 continues to read as follows:

Authority: 31 U.S.C. 3801-3812; Pub. L. 101-410, 104 Stat. 890,
28 U.S.C. 2461 note; Pub L. 104-134, 110 Stat. 1321, 31 U.S.C. 3701
note.

3. Section 27.3 is amended by revising paragraphs (a)(1)(iv) and
(b)(1)(ii) to read as follows:

Sec. 27.3 Basis for civil penalties and assessments.

(a) * * *
(1) * * *
(iv) Is for payment for the provision of property or services which
the person has not provided as claimed, shall be subject, in addition
to any other remedy that may be prescribed by law, to a civil penalty
of not more than $6,500 \1\ for each such claim.
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\1\ As adjusted in accordance with the Federal Civil Penalties
Inflation Adjustment Act of 1990 (Pub. L. 101-410, 104 Stat. 890),
as amended by the Debt Collection Improvement Act of 1996 (Pub. L.
104-134, 110 Stat. 1321). [The regulatory penalty provisions of this
part effective on January 30, 1997 remain in effect for any
violation of law occurring between January 30, 1997 and July 3,
2003.
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* * * * *
(b) * * *
(1) * * *
(ii) Contains, or is accompanied by, an express certification or
affirmation of the truthfulness and accuracy of the contents of the
statement, shall be subject, in addition to any other remedy that may
be prescribed by law, to a civil penalty of not more than $6,500 \2\
for each such statement.
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\2\ As adjusted in accordance with the Federal Civil Penalties
Inflation Adjustment Act of 1990 (Pub. L. 101-410, 104 Stat. 890),
as amended by the Debt Collection Improvement Act of 1996 (Pub. L.
104-134, 110 Stat. 1321).
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* * * * *
[FR Doc. 03-16925 Filed 7-2-03; 8:45 am]
BILLING CODE 6560-50-P

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

Civil Monetary Penalty Inflation Adjustment Rule

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